2014 Golden Notes - Political Law - Admelec PDF

ADMINISTRATIVE LAW
ADMINISTRATIVE LAW Part that is of general Part that pertains to

nature and common to particular services;
GENERAL PRINCIPLES all, or most, admin proceeds from the
agencies; chiefly but particular statute
Administrative Law not exclusively creating the individual
procedural aw. agency
It is a branch of public law fixing the organization and
determines the competence of administrative Kinds of administrative law
authorities, and indicates the individual remedies for
the violation of the rights. (Sec. 2(3) of the Admin Code) 1. Statutes setting up administrative authorities.
2. Body of doctrines and decisions dealing with the
Scope of administrative law creation, operation, and effect of determinations
and regulations of such administrative
1. Fixes the administrative operation and structure authorities.
of the government 3. Rules, regulations, or orders of such
2. Executes or enforces that which is entrusted to administrative authorities in pursuance of the
administrative authorities (all those public officers purposes, for which administrative authorities
and organs of the government charged with the were created or endowed.
amplification, application and execution of the Ex: Omnibus Rules Implementing the Labor Code,
law) circulars of Central Monetary Authority
3. Governs public officers 4. Determinations, decisions, and orders of such
4. Creates administrative officers administrative authorities in the settlement of
5. Provides the remedies to those aggrieved by these controversies arising in their particular field.
agencies Ex: Awards of NLRC with respect to money claims
6. Governs Judicial Review of employees
7. Includes rules, regulation, orders and decisions
made by administrative authorities ADMINISTRATIVE BODIES AND AGENCIES
8. Includes the body of judicial/doctrines on any of
the above Administrative Agency
Classifications of Administrative Law It is an organ of government, other than a court and

the legislature, which affects the rights of private
As to Source parties either through adjudication or rule making.
Law that controls Law made by the
administrative administrative Interpretation of the powers of the administrative
authorities authorities agencies
Constitution, statutes, General regulations and
judicial decisions, particular Administrative agencies have powers and functions
Executive Orders, determinations; which may be administrative, investigatory,
Administrative constitute under regulatory, quasi legislative, or quasi-judicial or mix of
Orders,etc. delegations of power the five, as may be conferred by the constitution or by
embodied in statutory the statute. They have in fine only such powers or
administrative law, and authority as are granted or delegated, expressly or
imposing and constantly impliedly, by law. And in determining whether an
expanding body of law. agency has certain powers, the inquiry should be from
As to Purpose the law itself. But once ascertained as existing, the
Adjective or Procedural Substantive authority given should be liberally construed. (Soriano
Administrative Law Administrative Law v. MTRCB, G.R. No. 165785, April 29, 2009)
Establishes the Derived from same
procedure which an sources but contents Instrumentality
agency must or may are different in that the
follow in the pursuit of law establishes primary It refers “to any agency of the National Government,
its legal purpose. rights and duties. not integrated within the department framework,
As to Applicability vested with special functions or jurisdiction by law,
General Administrative Special/ particular endowed with some if not all corporate powers,
Law administrative law administering special funds and enjoying operational
UNIVERSITY OF SANTO TOMAS

175 FACULTY OF CIVIL LAW
Political and International Law
autonomy, usually through a charter. This term KINDS

includes regulatory agencies, chartered institutions
and government-owned or controlled corporations.” Kinds of administrative bodies or agencies
(United Residents of Dominican Hills v. Commission on
The Settlement Of Land Problems, G.R. No. 135945, The common kinds of administrative agencies have
March 7, 2001) been classified according to their purpose
1. Those created to function in situations wherein
Agency the government is offering some gratuity, grant,
or special privilege
Any of the various units of the government, including Ex: GSIS, SSS, PAO
a department, bureau, office, instrumentality, or 2. Those set up to function in situations wherein the
government-owned or controlled corporations, or a government is seeking to carry on certain
local government or a distinct unit therein. (Sec.2, functions of government
Introductory Provisions, E.O. No. 292 – Administrative Ex: BIR, BOC, BOI
Code of 1987) 3. Those set up in situations wherein the
government is performing some business service
Department for the public
Ex: PNR, MWSS, NFA, NHA
It refers to an executive department created by law. 4. Those set up to function in situations wherein the
(Sec.2 (7), Introductory Provisions, E.O. No. 292 – government is seeking to regulate businesses
Administrative Code of 1987) affected with public interest
Ex: Insurance Commission, LTFRB, NTC
Bureau 5. Those set up to function in situations wherein the
government is seeking under the police power to
Any principal subdivision or unit of any department. regulate private businesses and individuals
(Sec.2 (8), Introductory Provisions, E.O. No. 292 – Ex: SEC, MTRCB
Administrative Code of 1987) 6. Those agencies set up to function in situations
wherein the government is seeking to adjust
Office individual controversies because of some strong
social policy involved
It refers, within the framework of governmental Ex: NLRC, ECC, SEC
organization, to any major functional unit of a
department or bureau including regional offices. It POWERS OF ADMINISTRATIVE AGENCIES
may also refer to any position held or occupied by
individual persons, whose functions are defined by law Administrative power or function
or regulation. (Sec.2 (9), Introductory Provisions, E.O.
No. 292 – Administrative Code of 1987) Those which involve the regulation and control over
the conduct and affairs of individuals for; their own
MANNER OF CREATION welfare and the promulgation of rules and regulations
to better carry out the policy of the legislature or such
Manner of creation as are devolved upon the administrative agency by the
organic law of its existence. (In re: Rodolfo U.
By: Manzano,A.M. No. 88-7-1861-RTC, Oct. 5, 1988)
1. Constitutional provision
2. Authority of law Powers of administrative agencies
3. Legislative enactment
1. Discretionary – the law imposes a duty upon a
Reasons for the creation of administrative agencies public officer, and gives him the right to decide
how or when the duty shall be performed.
To: 2. Ministerial – is one which is as clear and specific
1. Help unclog court dockets as to leave no room for the exercise of discretion
2. Meet the growing complexities of modern society in its performance.
3. Help in the regulation of ramified activities of a
developing country Basic powers of administrative agencies
1. Quasi-legislative power or rule-making power

2014 GOLDEN NOTES 176
ADMINISTRATIVE LAW
2. Quasi-judicial or adjudicatory power Legislative v. Quasi-legislative power

3. Determinative power
LEGISLATIVE QUASI-LEGISLATIVE
Quasi-legislative v. Quasi-judicial power involves the discretion to Involves the discretion
determine what the law to determine how the
QUASI-LEGISLATIVE QUASI-JUDICIAL shall be law shall be enforced
Operates on the future Operates based on past Cannot be delegated Can be delegated
facts
Has general application Has particular Limitations to the exercise of quasi-legislative power
application (applies
only to the parties 1. It must be within the limits of the powers granted
involved in a dispute) to administrative agencies.
Issuance pursuant to the Issuance pursuant to 2. Cannot make rules or regulations which are
exercise of quasi- the exercise of quasi- inconsistent with the provision of the Constitution
legislative power may be judicial power may, as a or statute.
assailed in court without rule, only be challenged 3. Cannot defeat the purpose of the statute.
subscribing to the in court with prior 4. May not amend, alter, modify, supplant, enlarge,
doctrine of exhaustion of exhaustion of or limit the terms of the statute.
administrative remedies administrative 5. A rule or regulation must be uniform in operation,
(DEAR). remedies. reasonable and not unfair or discriminatory.
A valid exercise of quasi- A valid exercise of
legislative power does quasi-judicial power Administrative rule
not require prior notice requires prior notice
and hearing (except and hearing (except Any agency statement of general applicability, which
when the law requires when the law requires implements or interprets a law fixes and describes
it). it). procedures in, or practice requirements of, an agency,
An issuance pursuant to An issuance pursuant to including its regulations. The term includes
the exercise of quasi- the exercise of quasi- memoranda or statements concerning the internal
legislative power may be judicial function is administration or management of an agency not
assailed in court through appealed to the Court affecting the rights of, or procedure available to the
an ordinary action. of Appeals via petition public. (Administrative Code of 1987)
for review (Rule 43).
Source of the power to promulgate administrative
Non-similarity of functions and powers of rules and regulations
administrative agencies
The power to promulgate regulations is derived from
Not all administrative agencies perform the same the legislature, by virtue of a valid delegation, either
functions or exercise the types of powers. While some expressed or implied.
act merely as investigative or advisory bodies, most
administrative agencies have investigative, rule- Non-applicability of notice and hearing in the
making, and determinative functions, or at least two issuance of an administrative rule or regulation
of such functions.
As a general rule, in the performance of its executive
QUASI-LEGISLATIVE (RULE-MAKING) POWER or legislative functions, such as issuing rules and
regulations, an administrative body need not comply
Quasi-legislative power/Rule-Making with the requirements of notice and hearing. (Corona
v. United Harbor Pilots Association of the Philippines,
The exercise of delegated legislative power, involving G.R. No. 111963, December 12, 1997)
no discretion as to what the law shall be, but merely
the authority to fix the details in the execution or The exception being where the legislature itself
enforcement of a policy set out in the law itself. requires it and mandates that the regulation shall be
based on certain facts as determined at an appropriate
investigation (Administrative Code of 1987)
Also, when, upon the other hand, the administrative

rule goes beyond merely providing for the means that

can facilitate or render least cumbersome the LPG Refillers Association of the Philippines, G.R.
implementation of the law but substantially adds to or No. 159149, June 26, 2006)
increases the burden of those governed, it behooves
the agency to accord at least to those directly affected Authority of administrative officers to interpret the
a chance to be heard, and thereafter to be duly law
informed, before that new issuance is given the force
and effect of law. (Commissioner of Internal Revenue Administrative officers tasked to implement the law
v. CA, G.R. No. 11976, August 26, 1996) are also authorized to interpret it because they have
the expertise to do so.
Filing of copies of administrative rules and
regulations before the UPLC Effect of administrative interpretations to courts
The Administrative Code of 1987, particularly Sec. 3 Constructions of administrative officers are not
thereof, expressly requires each agency to file with the binding upon the Courts. Such interpretations of
Office of the National Administrative Register (ONAR) administrative officers, however, are given great
of the University of the Philippines Law Center three weight unless such construction is clearly shown to be
certified copies of every rule adopted by it. in sharp contrast with the governing law of the state.
Administrative issuances which are not published or (Nestle Philippines Inc. v. CA, G.R. No. 86738,
filed with the ONAR are ineffective and may not be November 13, 1991)
enforced. (GMA v. MTRCB, G.R. No. 148579, February
5, 2007) Doctrine of Subordinate Legislation
Publication requirement Power of administrative agency to promulgate rules

and regulations on matters within their own
Publication is required as a condition precedent to the specialization.
effectivity of a law to inform the public of the contents
of the law or rules and regulations before their rights Reason behind the delegation
and interests are affected by the same. (Philippine
International Trading Corporation v. Commission on It is well established in this jurisdiction that, while the
Audit, G.R. No. 132593, June 25, 1999) making of laws is a non-delegable activity that
corresponds exclusively to Congress, nevertheless the
Exceptions to the requirement of publication latter may constitutionally delegate authority to
promulgate rules and regulations to implement a given
1. Interpretative regulations legislation and effectuate its policies, for the reason
2. Internal regulations that the legislature often finds it impracticable (if not
3. Letters of instructions (Tañada v. Tuvera G.R. No. impossible) to anticipate and provide for the
L-63915, December 29, 1986) multifarious and complex situations that may be met
in carrying the law into effect. All that is required is
Effectivity of administrative rules that the regulation should be germane to the objects
and purposes of the law; that the regulation be not in
GR: Administrative rules take effect depending on the contradiction with it, but conform to the standards
date provided by it. that the law prescribes.
XPN: 15 days after publication if the administrative Contemporaneous construction

rule is silent.
The construction placed upon the statute by an
Penal sanctions in administrative rules and executive or administrative officer called upon to
regulations execute or administer such statute.
Administrative agencies may promulgate rules with These interpretative regulations are usually in the
pernal sanctions provided the following requisites are form of circulars, directives, opinions, and rulings.
complied with:
1. The law must declare the act punishable; NOTE: Contemporaneous construction, while in no case
2. The law must define the penalty; binding upon the courts, is nevertheless entitled to great
3. The rules must be published in the Official weight and respect in the interpretation of ambiguous
provisions of the law, unless it is shown to be clearly
Gazette. (The Hon. Secretary Vincent S. Perez v.
erroneous.

ADMINISTRATIVE LAW
KINDS OF ADMINISTRATIVE RULES AND Classifications of adjudicatory powers

REGULATIONS
1. Enabling powers – characterized by the grant or
Kinds of administrative rules and regulations denial of permit or authorization
Ex: Issuance of licenses to engage in a particular
1. Supplementary or detailed legislation business.
2. Interpretative legislation 2. Directing powers – those that involve the
3. Contingent legislation corrective powers of public utility commissions,
4. Procedural powers of assessment under the revenue laws,
5. Interpretative reparations under public utility laws, and awards
6. Internal under workmen’s compensation laws, and
7. Penal powers of abstract determination such as
definition-valuation, classification and fact finding
REQUISITES FOR VALIDITY 3. Dispensing powers – Exemplified by the authority
to exempt from or relax a general prohibition, or
Requisites for a valid delegation of quasi-legislative authority to relieve from an affirmative duty. Its
or rule-making power difference from licensing power is that dispensing
power sanctions a deviation from a standard
1. The statute is complete in itself, setting forth the 4. Summary powers – Those that apply compulsion
policy to be executed by the agency or force against person or property to effectuate
(Completeness test); and a legal purpose without a judicial warrant to
2. Said statute fixes a standard, mapping out the authorize such action.
boundaries of the agency’s authority to which it Ex: Abatement of nuisance, summary restraint,
must conform (Sufficient standard test) levy of property of delinquent tax payers
5. Equitable powers – Pertain to the power to
QUASI-JUDICIAL (ADJUDICATORY) POWER determine the law upon a particular state of facts
has the right to, and must, consider and make
Quasi-judicial power proper application of the rules of equity.
Ex: Power to appoint a receiver, power to issue
Power of administrative authorities to make injunctions
determinations of facts in the performance of their
official duties and to apply the law as they construe it ADMINISTRATIVE DUE PROCESS
to the facts so found. It partakes the nature of judicial
power, but is exercised by a person other than a judge. Nature of administrative proceedings
It is summary in nature.
Limited jurisdiction of quasi-judicial agencies
Inapplicability of technical rules of procedure and
An administrative body to which quasi-judicial power evidence in administrative proceedings
has been delegated is a tribunal of limited jurisdiction
and as such it could wield only such powers as are The technical rules of procedure and of evidence
specifically granted to it by its enabling statute. Its prevailing in courts of law and equity are not
jurisdiction is interpreted strictissimi juris. controlling in administrative proceedings to free
administrative boards or agencies from the
Conditions for the proper exercise of quasi-judicial compulsion of technical rules so that the mere
power admission of matter which would be deemed
incompetent in judicial proceedings would not
1. Jurisdiction must be properly acquired by the invalidate an administrative order.
administrative body;
2. Due process must be observed in the conduct of NOTE: The rules of procedure of quasi-judicial bodies shall
the proceedings. remain effective unless disapproved by the Supreme Court.

Cardinal requirements of due process in Exceptions to the Requirement of notice and hearing
administrative proceedings
1. Urgency of immediate action
1. Right to a hearing which includes the right to 2. Tentativeness of administrative action
present one’s case and submit evidence in 3. Grant or revocation of licenses or permits to
support operate certain businesses affecting public order
2. The tribunal must consider the evidence or morals
presented 4. Summary abatement of nuisance per se which
3. The decision must be supported by evidence affects safety of persons or property
4. Such evidence must be substantial 5. Preventive suspension of public officer or
5. The decision must be based on the evidence employee facing administrative charges
presented at the hearing or at least contained in 6. Cancellation of a passport of a person sought for
the record, and disclosed to the parties affected criminal prosecution
6. The tribunal or body of any of its judges must act 7. Summary proceedings of distraint and levy upon
on its own independent consideration of the law property of a delinquent taxpayer
and facts of the controversy in arriving at a 8. Replacement of a temporary or acting appointee
decision; 9. Right was previously offered but not claimed
7. The board or body should render decision that
parties know the various issues involved and Inapplicability of the right to counsel in
reason for such decision administrative inquiries
8. Officer or tribunal must be vested with competent
jurisdiction and must be impartial and honest. The right to counsel which may not be waived, unless
(Ang Tibay v. CIR, G.R. No. L-46496, February 27, in writing and in the presence of counsel, as
1940) recognized by the Constitution, is a right of a suspect
in a custodial investigation. It is not an absolute right
NOTE: The essence of due process in administrative and may, thus, be invoked or rejected in criminal
proceedings is the opportunity to explain one’s side or seek proceeding and, with more reason, in an
a reconsideration of the action or ruling complained of. As administrative inquiry. (Lumiqued v. Exevea, G.R No..
long as the parties are given the opportunity to be heard 117565, Nov. 18, 1997)
before judgment is rendered, the demands of due process
are sufficiently met. What is offensive to due process is the
Quantum of proof required in administrative
denial of the opportunity to be heard. (Flores v.
proceedings
Montemayor, G.R. No. 170146, June 6, 2011)
Effect of non-observance of notice and hearing Only substantial evidence – that amount of relevant
evidence that a reasonable mind might accept as
As a rule, it will invalidate the administrative adequate to support a conclusion.
proceedings. A failure to comply with the
NOTE: The right against self-incrimination may be invoked in
requirements may result in a failure to acquire
administrative proceedings. (Cabal v. Kapunan, G.R. No. L-
jurisdiction. 19052, December 29, 1962)
NOTE: Right to notice may be waived.
ADMINISTRATIVE APPEAL AND REVIEW
Q: Does administrative due process always entail
notice and hearing prior to the deprivation of a right? Administrative appeal
A: No. A hearing may occur after the deprivation. Review by a higher agency of decisions rendered by an
What the law prohibits is not the absence of previous administrative agency, commenced by petition of an
notice but the absolute absence thereof and the lack interested party.
of opportunity to be heard.
NOTE: Under the 1987 Administrative Code, administrative
NOTE: There has been no denial of due process if any appeals from a decision of an agency are taken to the
irregularity in the premature issuance of the assailed Department Head, unless such appeal is governed by a
decision has been remedied by an order giving the petitions special law.
the right to participate in the hearing of the MR. The
opportunity granted by, technically, allowing petitioners to
finally be able to file their comment in the case, resolves the
procedural irregularity previously inflicted upon petitioners.
(Nasecore v. ERC, G.R. No. 190795, July 6, 2011)

ADMINISTRATIVE LAW
Administrative review Exceptions to the non-applicability of res judicata in

administrative proceedings
Administrative appeals are not the only way by which
a decision of an administrative agency may be 1. Naturalization proceedings or those involving
reviewed. A superior officer or department head may citizenship and immigration;
upon his or her own volition review a subordinate’s 2. Labor relations
decision pursuant to the power of control. 3. Family relations, personal status or condition, and
capacity of persons
Administrative reviews by a superior officer are,
however, subject to the caveat that a final and NOTE: It is well settled that findings of fact of quasi-judicial
executory decision is not included within the power of agencies, such as the COA, are generally accorded respect
control, and hence can no longer be altered by and even finality by this Court, if supported by substantial
evidence, in recognition of their expertise on the specific
administrative review.
matters under their jurisdiction. (Reyna v. Commission on
Audit, G.R. No. 167219, February 8, 2011)
Different kinds of administrative appeal and review
DETERMINATIVE POWER
That:
1. Which inheres in the relation of administrative Power of administrative agencies to better enable
superior to administrative subordinate them to exercise their quasi-judicial authority. It
2. Embraced in statutes which provide for consists of the following:
determination to be made by a particular officer
or body subject to appeal, review or 1. Enabling – Permits the doing of an act which the
redetermination by another officer or body in the law undertakes to regulate and which would be
same agency or in the same administrative unlawful without governmental orders.
system. 2. Directing – Orders the doing or performing of
3. In which the statute makes or attempts to make a particular acts to ensure the compliance with the
court a part of the administrative scheme by law and are often exercised for corrective
providing in terms or effect that the court, on purposes.
review of the action of an administrative agency. 3. Dispensing – To relax the general operation of a
4. In which the statute provides that an order made law or to exempt from general prohibition, or to
by a division of a commission or board has the relieve an individual or a corporation from an
same force and effect as if made by the subject to affirmative duty.
a rehearing by the commission. 4. Examining – This is also called as investigatory
5. In which the statute provides for an appeal to an power. It requires production of books, papers,
officer on an appeal to the head of the etc., the attendance of witnesses and compelling
department or agency. the testimony.
6. Embraced in statutes which provide for appeal at 5. Summary – Power to apply compulsion of force
the highest level namely, the president. (De Leon, against persons or property to effectuate a legal
page 311) purpose without judicial warrants to authorize
such actions.
Enforcement of administrative decisions
FACT-FINDING, INVESTIGATIVE, LICENSING AND
1. As provided for by law RATE-FIXING POWERS
2. Through the court’s intervention
Exceptions to the rule that findings of facts of
ADMINISTRATIVE RES JUDICATA administrative agencies are binding on the courts
Non-applicability of the doctrine of res judicata 1. Findings are vitiated by fraud, imposition, or
collusion
The doctrine of res judicata applies only to judicial or 2. Procedure which led to factual findings is irregular
quasi-judicial proceedings and not to the exercise of 3. Palpable errors are committed
purely administrative functions. Administrative 4. Factual findings not supported by evidence
proceedings are non-litigious and summary in nature; 5. Grave abuse of discretion, arbitrariness, or
hence, res judicata does not apply. (Nasipit Lumber vs capriciousness is manifest
NLRC, 1989) 6. When expressly allowed by statute; and

7. Error in appreciation of the pleadings and in the charter, membership, statutory exemption or other
interpretation of the documentary evidence form of permission, or regulation of the exercise of a
presented by the parties right or privilege. (Sec. 2(10), 1987 Administrative
Code)
Investigatory power
Licensing
Power to inspect, secure, or require the disclosure of
information by means of accounts, records, reports, Includes agency process involving the grant, renewal,
statements and testimony of witnesses. This power is denial, revocation, suspension, annulment,
implied and not inherent in administrative agencies. withdrawal, limitation, amendment, modification or
conditioning of a license. (Sec. 2(11), 1987
Q: Is the power to issue subpoena inherent in Administrative Code)
administrative bodies?
NOTE: Except in cases of willful violation of pertinent laws,
A: No. It is settled that these bodies may summon rules and regulations or when public security, health, or
witnesses and require the production of evidence only safety requires otherwise, no license may be withdrawn,
suspended, revoked or annulled without notice and hearing.
when duly allowed by law, and always only in
(Sec. 17, 1987 Administrative Code)
connection with the matter they are authorized to
investigate. Nature of an administrative agency’s act if it is
empowered by a statute to revoke a license for non-
Q: Do administrative agencies have the inherent compliance or violation of agency regulations
power to declare persons in contempt?
For procedural purposes, an administrative action is
A: No. The power to punish for contempt is not an not a purely administrative act if it is dependent upon
inherent right by the administrative body. It must be the ascertainment of facts by the administrative
expressly conferred upon by the body, and agency. Where a statute empowers an agency to
additionally, must be used only in connection with its revoke a license for non-compliance with or violation
quasi-judicial as distinguished from its purely of agency regulations, the administrative act is of a
administrative or routinary functions. judicial nature, since it depends upon the
ascertainment of the existence of certain past or
NOTE: If there is no express grant, the agency must invoke
the aid of the RTC. present facts upon which a decision is to be made and
rights and liabilities determined.
Q: May administrative agencies issue warrants of
arrest or administrative searches? Rate-fixing power
A: GR: Administrative agencies cannot issue warrants Power usually delegated by the legislature to
of arrest. Under the 1987 Constitution, only a judge administrative agencies for the latter to fix the rates
may issue warrants. which public utility companies may charge the public.
XPN: In cases of deportation of illegal and undesirable Rate

aliens, whom the President or the Commissioner of
Bureau of Immigration and Deportation may order It means any charge to the public for a service open to
arrested following a final order of deportation. all and upon the same terms, including individual or
(Salazar v. Achacoso, G.R. No. 81510, March 14, 1990) joint rates, tolls, classification or schedules thereof, as
well as communication, mileage, kilometrage and
Licensing power other special rates which shall be imposed by law or
regulation to be observed and followed by a person.
The action of an administrative agency in granting or Sec. 2(3), 1987 Administrative Code
denying, or in suspending or revoking, a license,
permit, franchise, or certificate of public convenience NOTE: Fixing rates is essentially legislative but may be
delegated. (Philippine Inter-Island v. CA, G.R. No. 100481,
and necessity.
January 22, 1997)
License
Includes the whole or any part of any agency’s permit,

certificate, passport, clearance, approval, registration,

ADMINISTRATIVE LAW
Rate-fixing procedure fixing order, temporary or provisional though it may

be, is not exempt from the procedural requirements of
The administrative agencies perform this function notice and hearing when prescribed by statute, as well
either by issuing rules and regulations in the exercise as the requirement of reasonableness.
of their quasi-legislative power or by issuing orders
affecting a specified person in the exercise of its quasi- Q: May the delegated power to fix rates be re-
judicial power. delegated?
NOTE: In the fixing of rates, no rule or final order shall be A: The power delegated to an administrative agency to
valid unless the proposed rates shall have been published in fix rates cannot, in the absence of a law authorizing it,
a newspaper of general circulation at least 2 weeks before be delegated to another. This is expressed in the
the first hearing thereon. (Sec. 9, 1987 Administrative Code)
maxim, potestas delagata non delegari potest.
(Kilusang Mayo Uno Labor Center v. Garcia, Jr., 39
Fixing of rates may either be a legislative or adjudicative
function SCRA386, 1994)
Q: If the power to fix rates is exercised as a legislative Requirements for the delegation of the power to
function, are notice and hearing required? ascertain facts to be valid
A: Where the rules and/or rates laid down are meant The law delegating the power to determine some facts
to apply to all enterprises of a given kind throughout or state of things upon which the law may take effect
the country, they may partake of a legislative or its operation suspended must provide the standard,
character. If the fixing of rates were a legislative fix the limits within which the discretion may be
function, the giving of prior notice and hearing to the exercised, and define the conditions therefor. Absent
affected parties is not a requirement of due process, these requirements, the law and the rules issued
except where the legislature itself requires it. thereunder are void, the former being an undue
delegation of legislative power and the latter being the
Q: What if it is exercised as a quasi-judicial function? exercise of rule-making without legal basis. (U.S. v. Ang
Tang Ho, 43 Phil. 1, 1992)
A: Where the rules and the rate imposed apply
exclusively to a particular party, based upon a finding Q: Does a fact-finding quasi-judicial body have the
of fact, then its function is quasi-judicial in character. power to take into consideration the result of its own
observation and investigation of the matter
As regards rates prescribed by an administrative submitted to it for decision?
agency in the exercise of its quasi-judicial function,
prior notice and hearing are essential to the validity of A: Yes. A fact-finding quasi-judicial body (e.g., Land
such rates. But an administrative agency may be Transportation Franchising and Regulatory Board)
empowered by law to approve provisionally, when whose decisions (on questions regarding certificate of
demanded by urgent public need, rates of public public convenience) are influenced not only by the
utilities without a hearing. facts as disclosed by the evidence in the case before it
but also by the reports of its field agents and
Q: In case of a delegation of rate-fixing power, what inspectors that are periodically submitted to it, has the
is the only standard which the legislature is required power to take into consideration the result of its own
to prescribe for the guidance of administrative observation and investigation of the matter submitted
authority? to it for decision, in connection with other evidence
presented at the hearing of the case (Pantranco South
A: That the rate be reasonable and just. (American Express, Inc. v Board of Transportation, G.R. No. L-
Tobacco Co. v Director of Patents, 67 SCRA 287, 1975) 49664, November 22, 1990)
Q: In the absence of an express requirement as to JUDICIAL RECOURSE AND REVIEW

reasonableness, may the standard be implied?
Judicial review
A: Yes. In any case, the rates must both be non-
confiscatory and must have been established in the Re-examination or determination by the courts in the
manner prescribed by the legislature. Even in the exercise of their judicial power in an appropriate case
absence of an express requirement as to instituted by a party aggrieved thereby as to whether
reasonableness, this standard may be implied. A rate- the questioned act, rule, or decision has been validly

or invalidly issued or whether the same should be knowledge, expertise, and experience. The courts
nullified, affirmed or modified. ordinarily accord respect if not finality to factual
findings of administrative tribunals.
NOTE: The mere silence of the law does not necessarily imply
that judicial review is unavailable. XPN: If findings are not supported by substantial
evidence.
Requisites of judicial review of administrative action
2. Questions of Law – administrative decisions may
1. Administrative action must have been completed be appealed to the courts independently of
(principle of finality of administrative action); and legislative permission. It may be appealed even
2. Administrative remedies must have been against legislative prohibition because the
exhausted (principle of exhaustion of judiciary cannot be deprived of its inherent power
administrative remedies.) to review all decisions on questions of law.
3. Mixed (law and fact) – when there is a mixed
Limitations on judicial review question of law and fact and the court cannot
separate the elements to see clearly what and
1. Final and executory decisions cannot be made the where the mistake of law is, such question is
subject of judicial review. treated as question of fact for purposes of review
2. Administrative acts involving a political question and the courts will not ordinarily review the
are beyond judicial review, except when there is decision of the administrative tribunal.
an allegation that there has been grave abuse of
discretion. DOCTRINE OF PRIMARY ADMINISTRATIVE
3. Courts are generally bound by the findings of fact JURISDICTION
of an administrative agency.
Doctrine of Primary Jurisdiction or Doctrine of Prior
NOTE: Courts will not render a decree in advance of
Resort
administrative action. Such action would be rendered
nugatory.
Under the principle of primary jurisdiction, courts
It is not for the court to stop an administrative officer from cannot or will not determine a controversy involving
performing his statutory duty for fear that he will perform it question within the jurisdiction of an administrative
wrongly. body prior to the decision of that question by the
administrative tribunal where the:
Doctrine of Ripeness for Review
1. Question demands administrative determination
It is similar to that of exhaustion of administrative requiring special knowledge, experience and
remedies except that it applies to the rule making and services of the administrative tribunal;
to administrative action which is embodied neither in 2. Question requires determination of technical and
rules and regulations nor in adjudication or final order. intricate issues of a fact;
3. Uniformity of ruling is essential to comply with
Application of the doctrine of ripeness of review purposes of the regulatory statute administered
1. When the interest of the plaintiff is subjected to NOTE: In such instances, relief must first be obtained in
or imminently threatened with substantial injury. administrative proceeding before a remedy will be supplied
2. If the statute is self-executing. by the courts even though the matter is within the proper
jurisdiction of a court. The judicial process is accordingly
3. When a party is immediately confronted with the
suspended pending referral of the claim to the
problem of complying or violating a statute and
administrative agency for its view.
there is a risk of criminal penalties.
4. When plaintiff is harmed by the vagueness of the Rationale for the doctrine:
statute.
To:
Questions reviewable by the courts 1. Take full advantage of administrative expertness;
and
1. Questions of fact 2. Attain uniformity of application of regulatory laws
GR: Courts will not disturb the findings of which can be secured only if determination of the
administrative agencies acting within the issue is left to the administrative body
parameters of their own competence, special

ADMINISTRATIVE LAW
Instances where the doctrine finds no application available only if there is no other plain, speedy,
and adequate remedy.
1. By the court's determination, the legislature did 5. To avail of administrative remedy entails lesser
not intend that the issues be left solely to the expenses and provides for a speedier disposition
initial determination of the administrative body. of controversies.
2. The issues involve purely questions of law.
3. Courts and administrative bodies have concurrent Exceptions to the application of the doctrine
jurisdiction.
1. Violation of due process
Q: Can the court motu proprio raise the issue of 2. When there is estoppel on the part of the
primary jurisdiction? administrative agency concerned
3. When the issue involved is a purely legal question
A: Yes. The court may motu proprio raise the issue of 4. When there is irreparable injury
primary jurisdiction and its invocation cannot be 5. When the administrative action is patently illegal
waived by the failure of the parties to argue it, as the amounting to lack or excess of jurisdiction
doctrine exists for the proper distribution of power 6. When the respondent is a Department Secretary
between judicial and administrative bodies and not whose acts as an alter ego of the President bears
for the convenience of the parties. In such case the the implied and assumed approval of the latter
court may: 7. When the subject matter is a private land case
1. Suspend the judicial process pending referral of proceedings
such issues to the administrative body for its 8. When it would be unreasonable
review, or 9. When no administrative review is provided by law
2. If the parties would not be unfairly disadvantaged, 10. When the rule does not provide a plain, speedy,
dismiss the case without prejudice. (Euro-Med and adequate remedy
laboratories Phil. v. Province of Batangas, G.R No. 11. When the issue of non-exhaustion of
148706, July 17, 2006) administrative remedies has been rendered moot
12. When there are circumstances indicating the
DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE urgency of judicial intervention
REMEDIES 13. When it would amount to a nullification of a claim;
and
Doctrine of Exhaustion of Administrative Remedies 14. Where the rule of qualified political agency
applies. (Laguna CATV Network v. Maraan, G.R.
It calls for resort first to the appropriate administrative No. 139492, November 19, 2002)
authorities in the resolution of a controversy falling
under their jurisdiction and must first be appealed to Effect of non-exhaustion of administrative remedies
the administrative superiors up to the highest level
before the same may be elevated to the courts of It will deprive the complainant of a cause of action,
justice for review. which is a ground for a motion of dismiss.
The premature invocation of court intervention is fatal Q: Is non-compliance with the doctrines of primary
to one’s cause of action. Exhaustion of administrative jurisdiction or exhaustion of administrative remedies
remedies is a prerequisite for judicial review; it is a a jurisdictional defect?
condition precedent which must be complied with.
A: No. Non-compliance with the doctrine of primary
Reasons for the doctrine jurisdiction or doctrine of exhaustion of administrative
remedies is not jurisdictional for the defect may be
1. To enable the administrative superiors to correct waived by a failure to assert the same at the earliest
the errors committed by their subordinates. opportune time.
2. Courts should refrain from disturbing the findings
of administrative bodies in deference to the
doctrine of separation of powers.
3. Courts should not be saddled with the review of
administrative cases.
4. Judicial review of administrative cases is usually
effected through special civil actions which are

Doctrine of primary jurisdiction v. Doctrine of NOTE: Appeal to the CA is allowed because a quasi-judicial
exhaustion of administrative remedies agency is equivalent in rank with the RTC. (Rule 43, RoC)
DOCTRINE OF
DOCTRINE OF
EXHAUSTION OF
PRIMARY
ADMINISTRATIVE
JURISDICTION
REMEDIES
Both deal with the proper relationships between
the courts and administrative agencies.
Applies where a case is Applies where a claim is
within the concurrent cognizable in the first
jurisdiction of the court instance by an
and an administrative administrative agency
agency but the alone
determination of the
case requires the
technical expertise of
the administrative
agency
Although the matter is Judicial interference is
within the jurisdiction withheld until the
of the court, it must administrative process
yield to the jurisdiction has been completed
of the administrative
case
DOCTRINE OF FINALITY OF
ADMINISTRATIVE ACTION
Doctrine of Finality of Administrative Action
It provides that no resort to courts will be allowed

unless administrative action has been completed and
there is nothing left to be done in the administrative
structure.
Instances where the doctrine finds no application
1. To grant relief to preserve the status quo pending

further action by the administrative agency
2. When it is essential to the protection of the rights
asserted from the injuries threatened
3. Where an administrative officer assumes to act in
violation of the Constitution and other laws
4. Where such order is not reviewable in any other
way and the complainant will suffer great and
obvious damage if the order is carried out
5. Interlocutory order affecting the merits of a
controversy
6. Order made in excess of power, contrary to
specific prohibition in the statute governing the
agency and thus operating as a deprivation of a
right assured by the statute
7. When review is allowed by statutory provisions.

ELECTION LAW
ELECTION LAW iii. for Party – List Representatives

b. Local Elections—
SUFFRAGE i. For Members of HOR
ii. Provincial Officials
Right of Suffrage iii. City Officials
iv. Municipal Officials
It is the right to vote in the election of officers chosen c. Barangay Elections
by the people and in the determination of questions d. ARRM Elections—
submitted to the people. It includes: i. For Regional Governor
1. Election ii. Regional Vice Governor
2. Plebiscite iii. Regional Assemblymen
3. Initiative and e. Sangguniang Kabataan (SK) Elections
4. Referendum
B. Special election – one held to fill a vacancy in office
NOTE: The right to suffrage is not an absolute right. Needless before the expiration of the term for which the
to say, the exercise of the right of suffrage, as in the incumbent was elected.
enjoyment of all other rights, is subject to existing
substantive and procedural requirements embodied in our
It is when there is failure of election on the
Constitution, statute books and other repositories of law.
scheduled date of regular election in a particular
(AKBAYAN-YOUTH v. COMELEC, G.R. No. 147066, March 26,
2001) place or which is conducted to fill up certain
vacancies, as provided by law
Election a. Plebiscite—electoral process by which an
initiative on the Constitution is approved or
It is the selection of candidates to public office by rejected by the people.
popular vote of the people. b. Initiative—power of the people to propose
amendments to the Constitution or to
Purpose of an election propose and enact legislations through
election called for the purpose
To enable the electorate to choose the men and i. Initiative on the Constitution
women who would run their government, whether ii. Initiative on Statutes
national, provincial, city, municipal or barangay. (Teves iii. Initiative on Local Legislation
v. Comelec, G.R. No. L-5150, November 8, 1951) c. Referendum—power of the electorate to
approve or reject a piece of legislation
Components of an election through an election called for the purpose.
i. Referendum on Statutes
1. Choice or selection of candidates to public office ii. Referendum on Local Laws
by popular vote d. Recall—mode of removal of an elective public
2. Holding of electoral campaign officer by the people before the end of his
3. Conduct of the polls term of office.
4. Listing of votes
5. Act of casting and receiving the ballots from the Rules on construction of election laws
voters
6. Counting the ballots CONSTRUCTION OF ELECTION LAW
7. Making the election returns Laws for conduct of Before the election:
8. Proclaiming the winning candidates elections Mandatory
After the election:
Types of elections Directory
Laws for Mandatory and strictly
A. Regular election – refers to an election Candidates construed
participated in by those who possess the right of Procedural rules Liberally construed in
suffrage, are not otherwise disqualified by law, favor of ascertaining the
and who are registered voters. will of the elections
a. National Election—
i. for President and VP
ii. for Senators

Commencement of election period

REGISTRATION OF VOTERS
90 days before the day of the election and shall end 30
days thereafter. (Sec. 3, BP 881 OEC) Registration requirement
QUALIFICATION AND Registration does not confer the right to vote. “It is but
DISQUALIFICATION OF VOTERS a condition precedent to the exercise of the right to
vote. Registration is a regulation, not a qualification.”
Qualifications for the exercise of suffrage (Yra v. Abano, G.R. No. L-30187, November 15, 1928)
1. Filipino citizenship Domicile

2. At least 18 years of age
3. Resident of the Philippines for at least one year A place to which, whenever absent for business or for
4. Resident of the place where he proposes to vote pleasure, one intends to return, and depends on facts
for at least 6 months; and and circumstances in the sense that they disclose
5. Not otherwise disqualified by law (Sec. 1, Art. V, intent. (Romualdez-Marcos v. COMELEC, G.R. No.
1987 Constitution) 119976, September 18, 1995)
NOTE: These qualifications are continuing requirements. Residence for election purposes
Congress may not add qualifications but can provide for
procedural requirements and disqualifications. However, It implies the factual relationship of an individual to a
the disqualifications must not amount to qualifications.
certain place. It is the physical presence of a person in
a given area, community or country. For election
Procedural qualifications purposes the concepts of residence and domicile are
dictated by the peculiar criteria of political laws. As
As to the procedural limitation, the right of a citizen to these concepts have evolved in our election law, what
vote is necessarily conditioned upon certain has clearly and unequivocally emerged is the fact that
procedural requirements he must undergo: among residence for election purposes is used synonymously
others, the process of registration. Specifically, a with domicile. (Ibid.)
citizen in order to be qualified to exercise his right to
vote, in addition to the minimum requirements set by Effect of transfer of residence
the fundamental charter, is obliged by law to register,
at present, under the provisions of RA 8189, otherwise Any person, who transfers residence solely by reason
known as the “Voter’s Registration Act of 1996.” of his occupation, profession or employment in private
(Akbayan-Youth v. COMELEC, G.R. No. 147066, March or public service, education, etc., shall not be deemed
26, 2001) to have lost his original residence. (Asistio v. Aguirre,
G.R. No. 191124, April 27, 2010)
Persons disqualified to vote
Double-registrant
1. Persons sentenced by final judgment to suffer
imprisonment for not less than one year, unless Any person who, being a registered voter, registers
pardoned or granted amnesty; but right is anew without filing an application for cancellation of
reacquired upon expiration of 5 years after service his previous registration. (Sec. 26 (y)(6), OEC)
of sentence
Q: Eisel registered as a voter in Marawi on 26 July
2. Conviction by final judgment of any of the 2003. Three days after, Eisel again registered as a
following: voter in Marantao, without first cancelling her
a. Crime involving disloyalty to the government registration in Marawi; and on 28 March 2007, Eisel
b. Violation against national security filed her COC declaring that she was a registered
c. Firearms laws voter in Marantao and eligible to run as a candidate
for the position of mayor of said municipality. Is she
But right is reacquired upon expiration of 5 years qualified to run for such position in Marantao?
after service of sentence.
A: No. Her prior registration makes her subsequent
3. Insanity or incompetence declared by competent registration null and void. She cannot be considered a
authority (Sec. 118, BP 881 OEC) registered voter in Marantao and thus she made a

ELECTION LAW
false representation in her CoC when she claimed to RA 8189. This leads to only one conclusion: that Allen,
be one. If a candidate states a material representation not having demonstrated that he duly accomplished
in the COC that is false, the COMELEC is empowered to an application for registration, is not a registered
deny due course to or cancel the CoC. The person voter. Hence, he must be disqualified to run for Mayor.
whose COC is denied due course or cancelled under (Gunsi Sr. v. COMELEC, G.R. No. 168792, February 23,
Sec. 78 of the OEC is not treated as a candidate at all, 2009)
as if such person never filed a COC. However, although
Eisel’s registration in Marantao is void, her registration Q: Sheldon, while of legal age and of sound mind, is
in Marawi still subsists. She may be barred from voting illiterate. He has asked your advice on how he can
or running for mayor in the former, but she may still vote in the coming election for his brother is running
exercise her right to vote, or even run for an elective for mayor. This will be the first time Sheldon will vote
post, in the latter. (Maruhom v. COMELEC, G.R. No. and he has never registered as a voter before. What
179430, July 27, 2009) advice will you give him on the procedure he needs
to follow in order to be able to vote?
Q: Are double registrants still qualified to vote?
A: The Constitution provides that until Congress shall
A: Yes. Double registrants are still qualified to vote have provided otherwise, illiterate and disabled voters
provided that COMELEC has to make a determination shall be allowed to vote under existing laws and
on which registration is valid, and which is void. regulations. (Art, V, Sec. 2) It is necessary for any
COMELEC could not consider both registrations valid qualified voter to register in order to vote. (OEC, Sec.
because it would then give rise to the anomalous 115) In the case of illiterate and disabled voters, their
situation where a voter could vote in two precincts at voter's affidavit may be prepared by any relative
the same time. COMELEC laid down the rule in Minute within the fourth civil degree of consanguinity or
Resolution No. 00-1513 that while the first registration affinity or by any member of the board of election
of any voter subsists, any subsequent registration inspectors who shall prepare the affidavit in
thereto is void ab initio. (Maruhom v. COMELEC, G.R. accordance with the data supplied by the applicant.
No. 179430, July 27, 2009) (Sec. 14, RA 8189)
Q: Wil filed a petition for the cancellation of the COC System of continuing registration
of Allen. Essentially, Wil sought the disqualification of
Allen for Mayor of South Upi alleging that Allen was GR: It is a system where the application of registration
not a registered voter in the Municipality of South of voters shall be conducted daily in the office hours of
Upi since he failed to sign his application for the election officer during regular office hours.
registration, and that the unsigned application for
registration has no legal effect. In refutation, Allen XPN: No registration shall be conducted during the
asseverated that his failure to sign his application for period starting 120 days before a regular election and
registration did not affect the validity of his 90 days before a special election. (Sec. 8, RA 8189)
registration since he possesses the qualifications of a
voter set forth in the OEC as amended by Sec. 9 of RA Q: On Nov. 12, 2008, COMELEC issued Resolution
8189. Wil insists that the signature in the application 8514 setting Dec. 2, 2008 to Dec.15, 2009 as the
for registration is indispensable for its validity as it is period of continuing voter registration using the
an authentication and affirmation of the data biometrics process in all areas except ARMM.
appearing therein. Should Allen be disqualified? Subsequently, COMELEC issued Resolution 8585 on
February 12, 2009 adjusting the deadline of voter
A: Yes. RA 8189 (The Voter’s Registration Act of 1996) registration for the May 10, 2010 national and local
specifically provides that an application for elections to Oct. 31, 2009 instead of Dec. 15, 2009 as
registration shall contain specimen signatures of the previously fixed by Resolution 8514. Petitioners
applicant as well as his/her thumbprints, among challenged the validity of COMELEC Resolution 8585
others. The evidence shows that Allen failed to sign and seek the declaration of its nullity. Petitioners
very important parts of the application, which refer to further contend that COMELEC Resolution 8585 is an
the oath which Allen should have taken to validate and encroachment on the legislative power of Congress
swear to the veracity of the contents appearing in the as it amends the system of continuing voter
application for registration. Plainly, from the registration under Sec. 8 of RA 8189. Is COMELEC
foregoing, the irregularities surrounding Allen’s Resolution 8585 valid? Differentiate from the case of
application for registration eloquently proclaims that Akbayan-Youth v. COMELEC.
he did not comply with the minimum requirements of

A: In the present case, the Court finds no ground to Persons qualified to vote under the absentee voting
hold that the mandate of continuing voter registration law
cannot be reasonably held within the period provided
by RA 8189 (Absentee Voting), Sec.8, which is daily All citizens of the Philippines abroad, who are not
during the office hours, except during the period otherwise disqualified by law, at least eighteen (18)
starting 120 days before the May 10,2010 regular years of age on the day of the elections, may vote for
elections. There is thus no occasion for the COMELEC president, vice-president, senators and party-list
to exercise its power to fix other dates or deadlines representatives. (Sec. 4, RA 9189)
thereof.
Q: May “duals” or dual citizens be allowed to vote
The present case differs significantly from the under the Overseas Absentee Voting Act of 2003?
Akbayan-Youth v. COMELEC. In the said case, the Court
held that the COMELEC did not abuse its discretion in A: Yes. There is no provision in the dual citizenship law
denying the request of the therein petitioners for an - RA 9225 - requiring "duals" to actually establish
extension of the Dec. 27, 2000 deadline of voter residence and physically stay in the Philippines first
registration for the May 14, 2001 elections. For the before they can exercise their right to vote. On the
therein petitioners filed their petition with the court contrary, RA 9225, in implicit acknowledgment that
within the 120-day period for the conduct of voter “duals” are most likely non-residents, grants under its
registration under Sec. 8, RA 8189, and sought the Sec. 5(1) the same right of suffrage as that granted an
conduct of a two-day registration of February 17, and absentee voter under RA 9189. It cannot be
18, 2001, clearly within the 120-day prohibited period. overemphasized that RA 9189 aims, in essence, to
enfranchise as much as possible all overseas Filipinos
The clear import of the Court’s pronouncement in who, save for the residency requirements exacted of
Akbayan-Youth is that had therein petitioners filed an ordinary voter under ordinary conditions, are
their petition – and sought an extension date that was qualified to vote. (Lewis v. COMELEC, G.R. No. 162759,
– before the 120-day prohibitive period, their prayer August 4, 2006)
would have been granted pursuant to the mandate of
RA 8189 (Absentee Voting). In the present case, as Persons disqualified from voting under the absentee
reflected earlier, both the dates of filing of the petition voting law
(October 30, 2009) and the extension sought (until
January 9, 2010) are prior to the 120 day prohibitive 1. Those who have lost their Filipino citizenship in
period. The Court therefore, finds no legal impediment accordance with Philippine laws;
to the extension prayed for. (Kabataan Partylist v. 2. Those who have expressly renounced their
COMELEC, G.R. No. 189868, December 15, 2009) Philippine citizenship and who have pledged
allegiance to a foreign country;
Absentee voting 3. Those who have committed and are convicted in
a final judgment by a court or tribunal of an
It is a process by which qualified citizens of the offense punishable by imprisonment of not less
Philippines abroad exercise their right to vote than one (1) year, including those who have
pursuant to the constitutional mandate that Congress committed and been found guilty of Disloyalty as
shall provide a system for absentee voting by qualified defined under Art. 137 of the Revised Penal Code,
Filipinos abroad. (Sec. 2, Art. V, 1987 Constitution) such disability not having been removed by
Absentee voting is an exception to the six month/one plenary pardon or amnesty;
year residency requirement. (Macalintal v. Romulo,
G.R. No. 157013, July 10, 2003) NOTE: However, any person disqualified to vote under
this subsection shall automatically acquire the right to
NOTE: The constitutionality of Sec. 18.5 of RA 9189 vote upon expiration of five (5) years after service of
(Absentee Voting) is upheld with respect only to the sentence; Provided further, that the Commission may
authority given to the COMELEC to proclaim the winning take cognizance of final judgments issued by foreign
candidates for the Senators and party-list representatives courts or tribunals only on the basis of reciprocity and
but not as to the power to canvass votes and proclaim the subject to the formalities and processes prescribed by
winning candidates for President and Vice-president. (Ibid.) the Rules of Court on execution of judgments.
4. An immigrant or a permanent resident who is

recognized as such in the host country

ELECTION LAW
NOTE: An immigrant or permanent resident may vote 2. Where there exists a technically established
if he/she executes, upon registration, an affidavit identification system that would preclude
prepared for the purpose by the Commission declaring multiply or proxy voting; and
that he/she shall resume actual physical permanent
3. Where the system of reception and custody of
residence in the Philippines not later than three (3)
mailed ballots in the embassies, consulates and
years from approval of his/her registration under this
Act. Such affidavit shall also state that he/she has not other foreign service establishments concerned
applied for citizenship in another country. Failure to are adequate and well-secured.
return shall be the cause for the removal of the name
of the immigrant or permanent resident from the Thereafter, voting by mail in any country shall be
National Registry of Absentee Voters and his/her allowed only upon review and approval of the Joint
permanent disqualification to vote in absentia. Congressional Oversight Committee. (Sec. 17.1, RA
9189 Absentee Voting Law)
5. Any citizen of the Philippines abroad previously
declared insane or incompetent by competent Q: Can the canvass of the overseas absentee votes
authority in the Philippines or abroad, as verified delay the proclamation of winners?
by the Philippine embassies, consulates or foreign
service establishments concerned A: No, if the outcome of the election will not be
affected by the results thereof. Notwithstanding the
NOTE: Unless such competent authority subsequently foregoing, the COMELEC is empowered to order the
certifies that such person is no longer insane or
proclamation of winning candidates despite the fact
incompetent. (Sec. 5, Absentee Voting Law)
that the scheduled election has not yet taken place in
a particular country or countries, if the holding of
Q: May an immigrant or permanent resident (green
elections therein has been rendered impossible by
card holder) abroad be qualified to run for an elective
events, factors, and circumstances peculiar to such
position in the Philippines?
country or countries, and which events, factors and
circumstances are beyond the control or influence of
A: No. Acquisition of a lawful permanent resident
the COMELEC. (Sec. 18, RA 9189 Absentee Voting Law)
status abroad amounts to an abandonment and
renunciation of one’s status as a resident of the
Local absentee voting
Philippines; it constituted a change from one’s
domicile of origin to a new domicile of choice.
It refers to a system of voting whereby government
(Ugdoracion v. COMELEC, G.R. No. 179851, April 18,
officials and employees, including members of the
2008)
Armed Forces of the Philippines (AFP), and the
Philippine National Police (PNP) as well as members
Manner of registration for absentee voters
of the media, media practitioners including their
technical and support staff (media voters) pursuant
It shall be done in person. (Sec. 6, RA 9189, Absentee
to the aforementioned Comelec En Banc Resolution
Voting Law)
who are duly registered voters, are allowed to vote
for the , national positions, i.e. President, Vice-
Process of absentee voting
President, Senators and Party-List Representatives in
places where they are not registered voters but
1. The overseas absentee voter shall personally
where they are temporarily assigned to perform
accomplish his/her ballot at the embassy,
election duties on election day as provided for
consulate or other foreign service establishment
under Executive Order No. 157 and Republic Act No.
that has jurisdiction over the country where
7166 (Sec. 1(a), COMELEC Resolution 9637, 13
he/she temporarily resides or at any polling place
February 2013)
designated and accredited by the Commission.
(Sec. 16, RA 9189 Absentee Voting Law)
Persons qualified to register/vote in local absentee
2. The overseas absentee voter may also vote by
voting
mail. (RA 9189 Absentee Voting Law)
1. Government officials and employees
Voting by mail
2. Members of the PNP
3. Members of the AFP
Voting by mail may be allowed in countries that satisfy
4. Members of the media, media practitioners, and
the following conditions:
including their technical and support staff who
1. Where the mailing system is fairly well-developed
are actively angaged in the pursuit of
and secure to prevent the occasion of fraud

information gathering and reporting or a. Convicted by final judgment to suffer

distribution, in any manner or form, including, but imprisonment not less than 1 year
not limited to the following: b. Disloyalty
i. Print Journalists; c. Insanity
ii. Television Journalists; 2. Others:
iii. Photo Journalists; a. Loss of citizenship
iv. Online Journalists; b. Failed to vote for 2 successive preceding
v. Radio Journalists; regular elections
vi. Documentary makers; c. Registration was ordered excluded by the
vii. Television/Radio Production court.
Requisites Grounds for the annulment of Book of voters
1. Duly registered voters 1. Fraud

2. On election day, in case of government officials, 2. Forgery
members of the PNP and AFP, they are assigned 3. Force
temporarily to perform election duties in places 4. Intimidation
where they are not registered voters; 5. Impersonation
3. In case of media voters, they will not be able to 6. Bribery
vote due to the performance of their functions in 7. Similar Irregularity
covering and reporting the conduct of elections. 8. Contains data that are statistically improbable
(Sec. 2, COMELEC Resolution 9637, 13 February
2013) INCLUSION AND EXCLUSION PROCEEDINGS
Kinds of registration system Courts which have jurisdiction over inclusion and
exclusion proceedings
1. Continuing
2. Computerized 1. MTC - original and exclusive
3. Permanent 2. RTC - appellate jurisdiction
3. SC - appellate jurisdiction over RTC on question of
Book of voters law
Classified as permanent whereby each precinct shall Persons who may file a petition for inclusion or
have a permanent list of all registered voters residing exclusion
within the territorial jurisdiction of the precinct.
INCLUSION
Grounds for the alteration of Book of voters 1. Any private person whose application was
disapproved by the Election Registration Board
1. Deactivation/Reactivation 2. Those whose names were stricken out from the
2. Exclusion/ Inclusion list of voters
3. Cancellation of Registration in case of death 3. COMELEC
4. Annulment of Book of Voters
5. New Voters EXCLUSION
6. Transfer of residence 1. Any registered voter in the city or municipality
2. Representative of political party
Deactivation 3. Election officer
4. COMELEC (BP 881 OEC)
Removal from the registration records from the
precinct books of voters and places the same, properly Period for filing a petition in an inclusion or exclusion
marked and dated in indelible ink, in the inactive file proceeding
after entering the cause of deactivation.
INCLUSION: Any day except 105 days before regular
Grounds for deactivation election or 75 days before a special election.
(COMELEC Reso. No. 8820)
1. Those which would disqualify you as a voter:

ELECTION LAW
EXCLUSION: Anytime except 100 days before a regular conduct of government and which, as the most
election or 65 days before a special election. immediate means of securing their adoption, regularly
(COMELEC Reso. No. 9021) nominates and supports certain of its leaders and
members as candidate in public office.
Grounds for Inclusion and Exclusion Proceedings
NOTE: To acquire juridical personality and to entitle it to
INCLUSION rights and privileges granted to political parties, it must be
1. Application for registration has been disapproved registered with COMELEC. (Sec. 3 (c), RA 7941)
by the board
2. Name has been stricken out Sectoral party
EXCLUSION Organized group of citizens belonging to any of the

1. Not Qualified for possessing disqualification sectors enumerated in Sec. 5, RA 7941 whose principal
2. Flying voters advocacy pertains to the special interest and concerns
3. Ghost voters of their sector. (Sec. 3 (d), RA 7941)
Inapplicability of the doctrine of res judicata in Sectoral organization

inclusion or exclusion proceedings
A group of citizens or a coalition of groups of citizens
The proceedings for the exclusion or inclusion of who share similar physical attributes or
voters in the list of voters are summary in character. characteristics, employment, interests or concerns.
Except for the right to remain in the list of voters or for (Sec. 3 (e), RA 7941)
being excluded therefrom for the particular election in
relation to which the proceedings had been held, a Jurisdiction of COMELEC over political parties
decision in an exclusion or inclusion proceeding, even
if final and unappealable, does not acquire the nature Sec. 2(5), Art. IX-C of the Constitution grants the
of res judicata. In this sense, it does not operate as a Commission the power to register political parties. It
bar to any further action that a party may take also has the power to require candidates to specify in
concerning the subject passed upon in the proceeding. their certificates of candidacy their political affiliation,
Thus, a decision in an exclusion proceeding would allow political parties to appoint watchers, limit their
neither be conclusive on the voter’s political status, expenditures, and determine whether their
nor bar subsequent proceedings on his right to be registrations should be cancelled in appropriate
registered as a voter in any other election. (Domino v. proceedings. These powers necessarily include the
COMELEC, G.R. No. 134015, July 19, 1999) jurisdiction to resolve issues of political leadership in a
political party, and to ascertain the identity of political
Q: Can a voter be excluded for stating a fake address? party and its legitimate officers. (Palmares v.
COMELEC, G.R. No. 86177, August 11, 1989)
A: No. The right to vote is a most precious political
right, as well as a bounden duty of every citizen, Grounds for the refusal and/or cancellation of
enabling and requiring him to participate in the registration of national, regional or sectoral party,
process of government to ensure that it can truly be organization or coalition
said to derive its power solely from the consent of its
constituents. 1. It is a religious sect or denomination, organization
or association, organized for religious purposes
A citizen cannot be disenfranchised for the flimsiest of 2. It advocates violence or unlawful means to seek
reasons. Only on the most serious grounds, and upon its goal
clear and convincing proof, may a citizen be deemed 3. It is a foreign party or organization
to have forfeited this precious heritage of freedom. 4. It is receiving support from any foreign
(Asistio v. Aguirre, G.R. No. 191124, April 27, 2010) government, foreign political party, foundation,
organization, whether directly or through any of
POLITICAL PARTIES its officers or members or indirectly through third
parties for partisan election purposes
Political party 5. It violates or fails to comply with laws, rules or
regulations relating to elections
Any organized group of citizens advocating an ideology 6. It declares untruthful statements in its petition
or platform, principles and policies for the general 7. It has ceased to exist for at least one (1) year; or

8. It fails to participate in the last two (2) preceding 8. Not possessing qualifications and possessing
elections or fails to obtain at least two per centum disqualifications under the Local Government
(2%) of the votes cast under the party-list system Code
in the two (2) preceding elections for the 9. Sentenced by final judgment for an offense
constituency in which it has registered. (Sec. 6, RA involving moral turpitude or for an offense
7941) punishable by one year or more of imprisonment
within two years after serving sentence
CANDIDACY 10. Removed from office as a result of an
administrative case
QUALIFICATIONS OF CANDIDATES 11. Convicted by final judgment for violating the oath
of allegiance to the Republic
Qualifications for President and Vice President of the 12. Dual citizenship (more specifically, dual
Philippines allegiance)
13. Fugitives from justice in criminal or non-political
1. Natural-born citizen of the Philippines cases here or abroad
2. Registered voter 14. Permanent residents in a foreign country or those
3. Able to read and write who have acquired the right to reside abroad and
4. At least 40 years of age at the day of election continue to avail of the same right
5. And a resident of the Philippines for at least ten 15. Insane or feeble- minded
years immediately preceding such election. (Sec. 2 16. Nuisance candidate
and 3, Art. VII, 1987 Constitution) 17. Violation of Sec. 73 OEC with regard to COC
18. Violation of Sec. 78: material misrepresentation in
Qualifications of elective local officials the COC
1. Must be a citizen of the Philippines NOTE: When a candidate has not yet been disqualified by
final judgment during the election day and was voted for, the
2. A registered voter in the barangay, municipality,
votes cast in his favor cannot be declared stray. (Codilla v. De
city, or province or, in the case of a member of the Venecia, G.R. No. 150605, December 10, 2002)
sangguniang panlalawigan, sangguniang
panlungsod, or sanggunian bayan, the district Effect of an unsworn renunciation of foreign
where he intends to be elected citizenship
3. A resident therein for at least one (1) year
immediately preceding the day of the election Failure to renounce foreign citizenship in accordance
4. And able to read and write Filipino or any other with the exact tenor of Sec. 5(2) of RA 9225 renders a
local language or dialect. (Sec. 39, RA 7160 Local dual citizen ineligible to run for and thus hold any
Government Code of the Philippines) elective public office. (Condon v. COMELEC, G.R. No.
198742, August 10, 2012)
NOTE: Congress may not add to qualifications for elective
officials provided in the constitution. However they may do
so for elective officials not provided in the Constitution. FILING OF CERTIFICATES OF CANDIDACY
Grounds for disqualification of a candidate EFFECT OF FILING
1. Declared as incompetent or insane by competent Certificate of Candidacy (Coc)

authority
2. Convicted by final judgment for subversion, It is in the nature of a formal manifestation to the
insurrection, rebellion, or any offense for which whole world of the candidate’s political creed or lack
he has been sentenced to a penalty of 18 months of political creed. (Sinaca v. Mula, 373 Phil. 896)
imprisonment
3. Convicted by final judgment for a crime involving NOTE: A CoC may be amended before the elections, even
moral turpitude after the date of its filing.
4. Election offenses under Sec. 68 of the OEC
Provisions of the election law on certificates of candidacy are
5. Committing acts of terrorism to enhance
mandatory in terms. However, after the elections, they are
candidacy regarded as directory so as to give effect to the will of the
6. Spending in his election campaign an amount in electorate. (Saya-Ang Sr. v. COMELEC, G.R. No. 155087,
excess of that allowed November 28, 2003)
7. Soliciting, receiving, making prohibited
contributions

ELECTION LAW
Purposes of the law in requiring the filing of officials. This is because elected public officials, by the
certificate of candidacy and in fixing the time limit very nature of their office, engage in partisan political
therefor activities almost all year round, even outside of the
campaign period. Political partisanship is the
To: inevitable essence of a political office, elective
1. Enable the voters to know, at least 60 days before positions included. The equal protection of the law
the regular election, the candidates among whom clause in the Constitution is not absolute, but is subject
they have to choose, and to reasonable classification. Substantial distinctions
2. Avoid confusion and inconvenience in the clearly exist between elective officials and appointive
tabulation of the votes cast. (Miranda v. Abaya, officials. The former occupy their office by virtue of the
G.R. No. 136351, July 28, 1999) mandate of the electorate. They are elected to an
office for a definite term and may be removed
Effect of filing a CoC on the tenure of incumbent therefrom only upon stringent conditions. On the
government officials other hand, appointive officials hold their office by
virtue of their designation thereto by an appointing
1. Appointive official – Sec. 66 of the OEC provides authority. Some appointive officials hold their office in
that any person holding an appointive office or a permanent capacity and are entitled to security of
position, including active members of the Armed tenure while others serve at the pleasure of the
Forces of the Philippines, and officers and appointing authority. (Quinto v. COMELEC, G.R.
employees in GOCCs, shall be considered ipso 189698, February 22, 2010)
facto RESIGNED from his office upon the filing of
his CoC. Such resignation is irrevocable. SUBSTITUTION OF CANDIDATES
2. Elective official – No effect. The candidate shall Substitution

continue to hold office, whether he is running for
the same or a different position. (Sec. 14, Fair If after the last day for the filing of Certificates of
Elections Act expressly repealed Sec. 67 of BP 881) Candidacy, an official candidate of a duly registered
political party or coalition of political parties dies,
Candidate withdraws or is disqualified for any cause, he may be
substituted by a candidate belonging to, and
It refers to any person aspiring for or seeking an nominated by, the same political party. No substitute
elective public office, who has filed a CoC by himself or shall be allowed for any independent candidate. (Sec.
through an accredited political party, aggroupment or 15, COMELEC Resolution 9518, 11 September 2013)
coalition of parties (Sec. 79.(a), OEC)
Requisites for valid substitution
Q: When can a person be considered a candidate?
GR:
A: Any person who files his CoC within the filing period 1. The substitute must belong to the same party
shall only be considered a candidate at the start of the 2. The deceased, disqualified or withdrawn
campaign period for which he filed his CoC. candidate must have duly file a valid CoC. (Ibid.)
Any person may thus file a CoC on any day within the XPN: This does not include those cases where the CoC
prescribed period for filing a CoC yet that person shall of the person to be substituted had been denied due
be considered a candidate, for purposes of course and canceled under Sec. 78 of the OEC.
determining one’s possible violations of election laws,
only during the campaign period. (Penera v. COMELEC, Sec. 78 provides that a verified petition seeking to
G.R. No. 181613, November 25, 2009) deny due course or to cancel a CoC may be filed by the
person exclusively on the ground that any material
Q: Do the deemed-resigned provisions which are representation contained therein as required under
applicable to appointive officials and not to elective Sec. 74 hereof is false.
officials violate the equal protection clause of the
constitution? While the law enumerated the occasion where a
candidate may be validly substituted, there is no
A: No. The legal dichotomy created by the Legislature mention of the case where a candidate is excluded not
is a reasonable classification, as there are material and only by disqualification but also by denial and
significant distinctions between the two classes of

cancellation of his CoC. (Ong v. Alegre, G.R. No. Q: Al Espaldon filed his CoC, signifying his intent to
163295, January 23, 2006) run for congressional office in the fourth district of
Leyte. Dexter Suyat filed a petition for denial of due
Q: Henry Tamayo and Dexter Suyat filed their CoCs course and/or cancellation of Al’s CoC. The COMELEC
for the position of Mayor of Lucena City. Dexter filed First Division disqualified Al without any qualification
a petition to disqualify Henry, alleging that Henry still for failure to comply with the one year residency
filed his CoC despite knowing that he had exceeded requirement. He was substituted by his wife,
the 3-term limit as Mayor of Lucena City. COMELEC appellee Camille Gonzales as the COMELEC En Banc
1st Division disqualified Henry. Camille Tamayo, the ruled that resolution of the First Division refers only
wife of Henry, filed her own CoC in substitution of her to disqualification and not to cancellation of CoC.
husband, Henry. Can Camille validly substitute her Camille won the congressional elections in 2010.
husband? Again, Dexter filed a motion to reconsider which
remained unacted. CA Mindaro, appellant, filed a
A: No. A disqualified candidate may only be petition for quo warranto before the House of
substituted if he had a valid CoC in the first place Representatives Electoral Tribunal. The HRET ruled in
because, if the disqualified candidate did not have a favor of Camille. Does Al’s disqualification without
valid and seasonably filed CoC, he is and was not a any qualification permit substitution of candidates?
candidate at all. If a person was not a candidate, he
cannot be substituted under Sec. 77 of the OEC. If we A: No. Since there would be no candidate to speak of
were to allow the so-called "substitute" to file a "new" under a denial of due course to and/or cancellation of
and "original" CoC beyond the period for the filing a CoC case, then there would be no candidate to be
thereof, it would be a crystalline case of unequal substituted.
protection of the law. Thus, there was no valid
candidate for Camille to substitute due to Henry’s As explained in the case of Miranda v. Abaya, a
ineligibility. The existence of a valid CoC is therefore a candidate who is disqualified under Sec. 68 can be
condition sine qua non for a disqualified candidate to validly substituted pursuant to Sec. 77 because he
be validly substituted. (Talaga v. COMELEC, G.R. No. remains· a candidate until disqualified; but a person
196804, October 9, 2012) whose CoC has been denied due course to and/or
cancelled under Sec. 78 cannot be substituted because
Q: Pedro Mahilig died while campaigning. His son he is not considered a candidate. Stated differently,
substituted him. Voters on the day of the election since there would be no candidate to speak of under a
wrote Pedro Mahilig instead of casting the same in denial of due course to and/or cancellation of a CoC
the name of his son, Garry Mahilig. Should the votes case, then there would be no candidate to be
be counted in favor of Garry? substituted; the same does not obtain, however, in a
disqualification case since there remains to be a
A: Yes. As a general rule, the same will be considered candidate to be substituted, although his or her
as stray votes but will not invalidate the whole ballot. candidacy is discontinued.
Exception is when the substitute carries the same
family name. (Sec. 12, RA 9006) Case law dictates that if a petition prays for the denial
of due course to and/or cancellation of CoC and the
Q: In the 1998 election, Mayor Aida already served 8 same is granted by the COMELEC without any
consecutive terms, yet she still filed a CoC. As a result, qualification, the cancellation of the candidate's CoC is
Guifaya filed a disqualification case. COMELEC then in order. This is precisely the crux of the Miranda ruling
disqualified Aida and cancelled her CoC. The daughter wherein the Court, in upholding the COMELEC En
of Aida, Sachi, upon nomination of their political Banc's nullification of the substitution in that case,
party, filed a certificate of substitution. Sachi won. decreed that the COMELEC Division's unqualified grant
Was the substitution valid? of the petition necessarily included the denial of due
course to and/or cancellation of the candidate's CoC,
A: No. COMELEC did not only disqualify Aida but also notwithstanding the use of the term "disqualified" in
cancelled her CoC. Therefore, she cannot be validly the COMELEC Division's resolution, as the foregoing
substituted. A disqualified candidate may only be was prayed for in the said petition. (Silverio R. Tagolino
substituted if he had a valid CoC because if the v. House of Representatives Electoral Tribunal and Lucy
disqualified candidate did not have a valid and Marie Torres-Gomez, G.R. No. 202202, March 19,
seasonably filed CoC, he is and was not a candidate at 2013)
all. (Miranda v. Abaya, G.R. No. 136351, July 28, 1999)

ELECTION LAW
Q: Rueben Soriano, a winning but ineligible candidate receipt pursuant to Sec. 76, of the Election Code. The
in a local election (for mayor or vice mayor), was COMELEC may not, by itself, without the proper
disqualified with finality after his proclamation due proceedings, deny due course to or cancel a CoC filed
to his citizenship. Rueben was alleged to have been in due form. (Luna v. COMELEC, G.R. No. 165983, April
using his US passport even after he had executed an 24, 2007)
Affidavit of Renunciation of his US citizenship. Can
Dexter Suyat, a candidate for the same position who XPNs:
garnered the next highest vote be proclaimed as the 1. Nuisance candidates; (Sec. 69 of the OEC)
eligible winner? 2. Petition to deny due course or to cancel a CoC;
(Sec. 78 of the OEC)
A: Yes. The old doctrine was that the vice mayor shall 3. Filing of a disqualification case on any of the
succeed the disqualified winning candidate, not the grounds enumerated in Sec. 68, OEC.
candidate for the same position who had received the
next highest vote. In recent cases, SC ruled that a void Q: Ka Dikko went to Laguna to file his CoC. The
CoC cannot produce any legal effect. Thus, the votes election officer refused to receive Ka Dikko’s CoC
cast in favor of the ineligible candidate are not because he seeks to achieve his goals through
considered at all in determining the winner of an violence. Is the refusal valid?
election. Knowledge by the electorate of a candidate’s
disqualification is not necessary before a qualified A: No. It is the ministerial duty on the part of the
candidate who placed second to a disqualified one can election officer to receive and acknowledge receipt of
be proclaimed as the winner. The second-placer in the the CoC. The question of whether or not a person is
vote count is actually the first-placer among the disqualified belongs to another tribunal in an
qualified candidates. Furthermore, that the appropriate disqualification case.
disqualified candidate has already been proclaimed
and has assumed office is of no moment. The NUISANCE CANDIDATES
subsequent disqualification based on a substantive
ground that existed prior to the filing of the CoC voids Nuisance candidates
not only the CoC but also the proclamation. (Maquiling
v. COMELEC, G.R. No. 195649, April 16, 2013) Candidates who have no bona fide intention to run for
the office for which the CoC has been filed and would
Effect of reacquisition of Philippine citizenship as to thus prevent a faithful election. And upon showing
the domicile/residence requirement for running as a that:
mayoralty candidate 1. Said certificate has been filed to put the election
process in mockery or disrepute
Under RA 9225, it has no automatic impact or effect 2. To cause confusion among the voters by the
on a candidate’s residence/domicile. He merely has an similarity of the names of the registered
option to again establish his domicile in the candidates; or
municipality, which place shall become his new 3. By other circumstances or acts which
domicile of choice. The length of his residence therein demonstrate that a candidate has no bona fide
shall be determined from the time he made it his intention to run for the office for which his CoC
domicile of choice and it shall not retroact to the time has been filed and thus prevent a faithful
of his birth. (Japson v. COMELEC, G.R .No. 180088, determination of the true will of the electorate.
January 19, 2009) (Tajanan v. COMELEC, G.R. No. 104443, April 13,
1992)
Effect of filing two certificates of candidacy
The COMELEC may, motu proprio or upon verified
It disqualifies the person to run for both elective petition of an interested party, refuse to give due
positions. (Sec. 73, BP 881, OEC) course to or cancel a CoC upon showing of the above-
stated circumstances. (Sec. 69, BP 881 OEC)
MINISTERIAL DUTY OF COMELEC TO RECEIVE
CERTIFICATES Q: Jean and Joyette were the only candidates for
mayor of Bigaa, Bulacan in the May 1995 local
Duty of the COMELEC in receiving CoCs elections. Jean obtained 10,000 votes as against
3,000 votes for Joyette. In the same elections, Gem
GR: When a candidate files his CoC, the COMELEC has got the highest number of votes among the
a ministerial duty to receive and acknowledge its

candidates for the Sangguniang Bayan of the same logical to conclude that the votes cast for Enrique
town. Jean died the day before her proclamation. could have been intended only for the legitimate
1. Who should the Board of Canvassers proclaim as candidate, Renato. The possibility of confusion in
elected mayor, Jean, Joyette or Gem? Explain. names of candidates if the names of nuisance
2. Who is entitled to discharge the functions of the candidates remained on the ballots on election day,
office of the mayor, Joyette or Gem? Explain. cannot be discounted or eliminated, even under the
automated voting system especially considering that
A: voters who mistakenly shaded the oval beside the
1. It is Jean who should be proclaimed as winner, name of the nuisance candidate instead of the bona
because she was the one who obtained the fide candidate they intended to vote for could no
highest number of votes for the position of mayor, longer ask for replacement ballots to correct the same.
but a notation should be made that she died for (Dela Cruz v. COMELEC, G.R. No. 192221, November
the purpose of applying the rule on succession to 13,2012)
office. Joyette cannot be proclaimed, because the
death of the candidate who obtained the highest PETITION TO DENY DUE COURSE OR CANCEL A
number of votes does not entitle the candidate CERTIFICATE OF CANDIDACY
who obtained the next highest number of votes to
be proclaimed the winner, since he was not the Period to file a petition to deny due course to or
choice of the electorate. Gem is not entitled to be cancel a CoC
proclaimed elected as mayor, because she ran for
the Sangguniang Bayan. A verified petition seeking to deny due course or to
cancel a CoC may be filed by the person exclusively on
2. Neither Joyette nor Gem is entitled to discharge the ground that any material representation contained
the functions of the office of mayor. Joyette is not therein as required under Sec. 74 of the OEC is false.
entitled to discharge the office of mayor, since she The petition may be filed at any time not later than
was defeated in the election. Gem is not entitled twenty-five (25) days from the time of the filing of the
to discharge the office of mayor. Under Sec. 44 of CoC and shall be decided, after due notice and hearing,
the Local Government Code, it is the vice mayor not later than fifteen days before the election.
who should succeed in case of permanent vacancy
in the office of the mayor. It is only when the Requisites for the grant of a petition to deny due
position of the vice mayor is also vacant that the course to or cancel a CoC
member of the Sangguniang Bayan who obtained
the highest number of votes will succeed to the 1. Material misrepresentation in the qualifications
office of mayor. (Benito v. COMELEC, G.R. No. for elective office, which includes age, residency,
106053, August 17, 1994) citizenship, and any other legal qualifications
necessary to run for an elective office;
Q: Renato and Enrique, both sharing the same 2. Deliberate attempt to mislead, misinform or hide
surname Dela Cruz, run for Vice Mayor. Renato had a fact which would otherwise render a candidate
Enrique declared to be a nuisance candidate and ineligible.
asked the COMELEC to strike out his name from the
ballot. But the ballot still retained Enrique’s name NOTE: These two requirements must concur to warrant the
despite his declaration as a nuisance candidate. cancellation of the CoC.
During Renato’s campaign, he stressed that his
designated number was 2 and that Enrique was Material misrepresentation
declared by the COMELEC to be a nuisance candidate.
Bruno, the other candidate, won as Vice Mayor by a Material misrepresentation in a CoC refers to the
difference of 39 votes against Renato. COMELEC qualification for elective office, which includes false
regarded the votes cast for Enrique as stray votes. statement as to age, residency, citizenship, being a
Renato contends that he should have won had the registered voter and any other legal qualifications
votes cast for Enrique been counted in his favor. necessary to run for an elective office.
Should the stray votes for Enrique be counted in favor
NOTE: A misrepresentation which does not affect one’s
of Renato?
qualification to run or hold public office will not suffice for
the cancellation of a CoC.
A: Yes. As we pronounced in Bautista, the voters’
constructive knowledge of such cancelled candidacy
made their will more determinable, as it is then more

ELECTION LAW
EFFECT OF DISQUALIFICATION rule on substitution of candidates. No Statement of

Withdrawal shall be accepted if filed by a person other than
Effects of disqualification the candidate himself or if filed by mail, electronic mail,
telegram or facsimile.” (Sec. 15, COMELEC Res. 9518, 11
September 2012)
Any candidate who has been declared by final
judgment to be disqualified shall not be voted for. The
Period to withdraw Certificate of Candidacy
votes cast in his favor shall not be counted.
At any time before Election Day. (Sec. 15, COMELEC
If the candidate is not disqualified by final judgment
Res. 9518, 11 September 2012)
before the election and receives the highest number
of votes in the election, the court or COMELEC will
Effect of withdrawal on the liabilities of the candidate
continue with the trial and hearing of the action,
inquiry or protest. Upon motion of the complainant or
The filing of a withdrawal of a CoC shall not affect
intervenor, the court or COMELEC may order the
whatever civil, criminal or administrative liabilities a
suspension of the proclamation of the candidate
candidate may have incurred. (Sec. 15, COMELEC Res.
whenever the evidence of guilt is strong.
9518, 11 September 2012)
Remedy of a petitioner if the petition for
Q: May a person who has withdrawn his CoC be
disqualification is unresolved on the day of the
eligible to run for another position or become a
election
substitute candidate?
The petitioner may file a motion with the Division or
A: A person who has withdrawn his CoC for a position
Commission En Banc where the case is pending, to
shall not be eligible, whether as a substitute candidate
suspend the proclamation of the candidate concerned,
or not, for any other position. (Sec. 15, COMELEC
provided that the evidence for the grounds to
Resolution 9518, 11 September 2012)
disqualify is strong. For this purpose, at least three (3)
days prior to any election, the Clerk of the Commission
Q: On the last day of filing a CoC, March 31, Kristine
shall prepare a list of pending cases and furnish all
Rossellini withdrew her CoC. On April 1, campaign
Commissioners copies of the said list.
period started. On April 2, she wanted to run again so
she filed a written declaration withdrawing her
In the event that a candidate with an existing and
withdrawal. Is her act of withdrawing the withdrawal
pending Petition to disqualify is proclaimed winner,
valid?
the Commission shall continue to resolve the said
petition. (Sec. 5, Rule 25, COMELEC Res. 9523, 25
A: No. The withdrawal of the withdrawal of the CoC
September 2012)
made after the last day of filing is considered as filing
of a new CoC. Hence, it was not allowed since it was
WITHDRAWAL OF CANDIDATES
filed out of time. (Monsale v. Nico, G.R. No. L-2539,
May 28, 1949)
Rule on withdrawal of candidates
CAMPAIGN
To be effective, the withdrawal should be under oath
or in the form of a sworn declaration that he is
withdrawing his CoC, such being the requirement of PREMATURE CAMPAIGNING
the law. A withdrawal of candidacy which is not a valid
withdrawal generally produces no legal effect, and for Election campaign
all legal intents and purposes there is no withdrawal
and he remains a candidate. The exception to this rule An act designed to promote the election or defeat of a
is when the withdrawal which is not under oath, is particular candidate or candidates to a public office
actually made and accepted by the election registrar, which shall include:
as a result of which a substitute candidate files his CoC 1. Forming organizations, associations, clubs,
in his place and receives the winning number of votes. committees or other groups of persons for the
purpose of soliciting votes and/or undertaking any
NOTE: Any person who has filed a CoC may withdraw the campaign for or against a candidate
same (Sec. 15, COMELEC Res. 9518, 11 September 2012) 2. Holding political caucuses, conferences, meetings,
rallies, parades, or other similar assemblies, for
It must be noted that withdrawal of a CoC cannot be made the purpose of soliciting votes and/or undertaking
by someone else. “It must be filed personally subject to the

any campaign or propaganda for or against a gaining undue advantage in exposure and publicity on
candidate account of their resources and popularity. (Chavez v.
3. Making speeches, announcements or COMELEC, G.R. No. 162777, August 31, 2004)
commentaries, or holding interviews for or
against the election of any candidate for public Q: Petitioner Diana De Castro and respondent Marj
office Perez ran for mayor of Sta. Monica, Surigao Del Norte
4. Publishing or distributing campaign literature or during the May 14, 2007 elections. Diana’s political
materials designed to support or oppose the party held a motorcade preceding the filing of her
election of any candidate; or CoC announcing her candidacy for mayor. Because of
5. Directly or indirectly soliciting votes, pledges or this, Marj filed a petition to disqualify Diana for
support for or against a candidate. (Sec. 79, BP engaging in premature campaigning in violation of
881 OEC) Sec.80 and 68 of the OEC. Did Diana violate the
prohibition against premature campaigning?
NOTE: The foregoing enumerated acts if performed for the
purpose of enhancing the chances of aspirants for A: The campaign period for local officials began on 30
nomination for candidacy to a public office by a political March 2007 and ended on 12 May 2007. Diana filed
party, aggroupment, or coalition of parties shall not be her CoC on 29 March 2007. Diana was thus a candidate
considered as election campaign or partisan election activity.
on 29 March 2009 only for purposes of printing the
ballots under Sec. 11 of RA 8436. On 29 March 2007,
Public expressions or opinions or discussions of probable
issues in a forthcoming election or on attributes of or the law still did not consider Diana a candidate for
criticisms against probable candidates proposed to be purposes other than the printing of ballots. Acts
nominated in a forthcoming political party convention shall committed by Diana prior to 30 March 2007, the date
not be construed as part of any election campaign or when she became a "candidate," even if constituting
partisan political activity contemplated under the OEC. (Sec. election campaigning or partisan political activities,
79, BP 881 OEC) are not punishable under Sec. 80 of the OEC. Such acts
are within the realm of a citizen’s protected freedom
Period to campaign of expression. Acts committed by Diana within the
campaign period are not covered by Sec. 80 as Sec. 80
1. Presidential and Vice presidential election – 90 punishes only acts outside the campaign period.
days;
2. Election of members of the Congress and local In layman’s language, this means that a candidate is
election – 45 days; liable for an election offense only for acts done during
3. Barangay Election – 15 days the campaign period, not before. The law is clear as
4. Special election under Art. VIII, Sec. 5(2) of the daylight — any election offense that may be
Constitution – 45 days committed by a candidate under any election law
cannot be committed before the start of the campaign
NOTE: The campaign periods shall not include the day before period. (Penera v. COMELEC, G.R. No. 181613,
and the day of the election. (Sec. 3, BP 881 OEC)
November 25, 2009)
Premature campaign Candidate
It shall be unlawful for any person, whether or not a Any person aspiring for or seeking an elective public
voter or candidate, or for any party, or association of office, who has filed a CoC by himself or through an
persons, to engage in an election campaign or partisan accredited political party, aggroupment or coalition of
political activity except during the campaign period. parties. However, it is no longer enough to merely file
a CoC for a person to be considered a candidate
Provided, that political parties may hold political because "any person who files his CoC within the filing
conventions or meetings to nominate their official period shall only be considered a candidate at the start
candidates within thirty days before the of the campaign period for which he filed his CoC." Any
commencement of the campaign period and forty-five person may thus file a CoC on any day within the
days for Presidential and Vice-Presidential election. prescribed period for filing a CoC yet that person shall
(Sec. 80, BP 881 OEC) be considered a candidate, for purposes of
determining one’s possible violations of election laws,
NOTE: The use of lawful election propaganda under the Fair
only during the campaign period. (Ibid.)
Elections Act is subject to the supervision and regulation by
the COMELEC in order to prevent premature campaigning
and to equalize, as much as practicable, the situation of all
candidates by preventing popular and rich candidates from

ELECTION LAW
PROHIBITED CONTRIBUTIONS c. Cockfights

d. Games
Electoral contributions and expenditures e. Boxing bouts
f. Bingo
1. Gift g. Beauty contests
2. Donation h. Entertainments
3. Subscription i. Cinematographic, theatrical, or other
4. Loan performances for the purpose of raising funds
5. Advance or deposit of money or anything of for an election campaign or for the support of
value any candidate from the commencement of
6. A contract, promise or agreement of the election period up to and including
contribution, whether or not legally enforceable election day.
7. Use of facilities voluntarily donated by other
persons, the money value of which can be 2. It shall also be unlawful for any person or
assessed based on the rates prevailing in the area organization, whether civic or religious, directly or
8. Those made for the purpose of influencing the indirectly, to solicit and/or accept from any
results of the elections candidate for public office or his representative
any gift, food, transportation, contribution or
NOTE: Does not include services rendered without
donation in cash or in kind from the
compensation by individuals volunteering a portion or all of
their time in behalf of a candidate or political party. (Sec. 94,
commencement of the election period up to and
BP 881 OEC) including election day, except normal and
customary religious stipends, tithes, or
Prohibited contributions collections. (Sec. 97, BP 881 OEC)
Those made for purposes of partisan political activity, LAWFUL AND PROHIBITED PROPAGANDA
directly or indirectly by any of the following:
1. Public or private financial institutions (except Lawful election propaganda
loans made by such institutions in the business of
lending money to a candidate or political party, 1. Written printed materials (does not exceed 8 ½ in.
made in accordance with laws and in the ordinary width by 14 in. length)
course of business) 2. Handwritten/printed letters
2. Persons operating public utilities or those 3. Posters (not exceeding 2 x 3 ft. or 3 x 8 ft. on the
exploiting natural resources of the nation occasion of a public meeting or rally, or in
3. Persons with contracts to supply the government announcing the holding of such). Provided, that
with goods or services or to perform construction said streamers may be displayed five (5) days
or other works before the date of rally but shall be removed
4. Grantees of franchises, incentives, exemptions, within 24 hours after said rally;
allocations, or similar privileges or concessions by 4. Print ads – ¼ page in broadsheets and ½ page in
the government tabloids thrice a week per newspaper, magazine
5. Persons who, within one year prior to the date of or other publication during the campaign period;
the election, have been granted by the 5. Broadcast media (i.e. TV and radio)
government loans or other accommodations in 6. All other forms of election propaganda not
excess of P100,000 prohibited by the OEC or this Act. (Sec. 3,RA 9006,
6. Educational institutions which have received The Fair Elections Act)
grants of public funds not less than P100,000 7. Streamers not exceeding three feet (3’) by eight
7. Officials or employees in the Civil Service or feet (8’) in size displayed at the site and on the
members of the Armed Forces of the Philippines; occasion of a public meeting or rally. Said
and streamers may be displayed five (5) days before
8. Foreigners and foreign corporations. (Sec. 95, BP the date of the meeting or rally and shall be
881 OEC) removed within twenty-four (24) hours after said
meeting or rally
Prohibited means of raising funds 8. Mobile units, vehicles motorcades of all types,
whether engine or manpower driven or animal
1. Holding any of the following activities: drawn, with or without sound systems or loud
a. Dances speakers and with or without lights;
b. Lotteries

9. Paid advertisements in print or broadcast media manifestly favor or oppose any candidate or party
subject to the requirements set forth in Sec. by unduly or repeatedly referring to, or
9 hereof and RA 9006; (Sec. 6, COMELEC Res. unnecessarily mentioning his name, or including
9615, 15 January 2013) therein said candidate or party; and
f) To post, display or exhibit any election campaign
Prohibited forms of election propaganda or propaganda material outside of authorized
common poster areas, in public places, or in
a) To print, publish, post or distribute any private properties without the consent of the
newspaper, newsletter, newsweekly, gazette or owner thereof.
magazine advertising, pamphlet, leaflet, card, g) Public places referred to in the previous
decal, bumper sticker, poster, comic book, subsection (f) include any of the following:
circular, handbill, streamer, sample list of a. Electronic announcement boards, such as
candidates or any published or printed political LED display boards located along highways
matter and to air or broadcast any election and streets, LCD TV displays posted on walls
propaganda or political advertisement by of public buildings, and other similar devices
television or radio or on the internet for or against which are owned by local government units,
a candidate or group of candidates to any public government-owned and controlled
office, unless they bear and be identified by the corporations, or any agency or
reasonably legible, or audible words “political instrumentality of the Government;
advertisement paid for,” followed by the true and b. Motor vehicles used as patrol cars,
correct name and address of the candidate or ambulances, and other similar purposes that
party for whose benefit the election propaganda are owned by local government units,
was printed or aired. It shall likewise be unlawful government-owned and controlled
to publish, print or distribute said campaign corporations, and other agencies and
materials unless they bear, and are identified by, instrumentalities of the Government,
the reasonably legible, or audible words “political particularly those bearing red license plates;
advertisements paid by,” followed by the true and c. Waiting sheds, sidewalks, street and lamp
correct name and address of the payor. posts, electric posts and wires, traffic
b) To print, publish, broadcast or exhibit any such signages and other signboards erected on
election propaganda donated or given free of public property, pedestrian overpasses and
charge by any person or publishing firm or underpasses, flyovers and underpasses,
broadcast entity to a candidate or party without bridges, main thoroughfares, center islands
the written acceptance by the said candidate or of roads and highways
party and unless they bear and be identified by d. Schools, shrines, barangay halls, health
the words "printed free of charge,” or “airtime for centers, public structures and buildings or
this broadcast was provided free of charge by”, any edifice thereof;
respectively, followed by the true and correct e. Public utility vehicles such as buses, jeepneys,
name and address of the said publishing firm or trains, taxi cabs, ferries, pedicabs and
broadcast entity; tricycles, whether motorized or not;
c) To show, display or exhibit publicly in a theater, f. Within the premises of public transport
television station, or any public forum any movie, terminals, such as bus terminals, airports,
cinematography or documentary portraying the seaports, docks, piers, train stations, and the
life or biography of a candidate, or in which a like.
character is portrayed by an actor or media
personality who is himself a candidate; The violation of letters d and e under subsection (g)
d) For any newspaper or publication, radio, shall be a cause for the revocation of the public utility
television or cable television station, or other franchise and will make the owner and/or operator of
mass media, or any person making use of the mass the transportation service and/or terminal liable for an
media to sell or to give free of charge print space election offense under Sec. 9 of RA 9006 as
or air time for campaign or election propaganda implemented by Sec. 18 (n) of these Rules.
purposes to any candidate or party in excess of
the size, duration or frequency authorized by law The printing press, printer, or publisher who prints,
or these rules; reproduces or publishes said campaign materials, and
e) For any radio, television, cable television station, the broadcaster, station manager, owner of the radio
announcer or broadcaster to allow the scheduling or television station, or owner or administrator of any
of any program, or permit any sponsor to website who airs or shows the political
advertisements, without the required data or in

ELECTION LAW
violation of these rules shall be criminally liable with ALTERNATIVE ANSWER:

the candidate and, if applicable, further suffer the No. Although the expenditure limitation applies only
penalties of suspension or revocation of franchise or to the purchase of air time, thus leaving political
permit in accordance with law. (Sec. 6, COMELEC Res. parties free to spend for other forms of campaign, the
9615, 15 January 2013) limitation nonetheless results in a direct and
substantial reduction of the quantity of political
ALLOWABLE COMELEC AIR TIME FOR speech by restricting the number of issues that can be
CANDIDATES (Fair Elections Act) discussed, the depth of their discussion and the size of
NATIONAL POSITIONS LOCAL POSITIONS the audience that can be reached, through the
120 minutes for TV 60 minutes for TV broadcast media.
180 minutes for radio 90 minutes for radio
Since the purpose of the Free Speech Clause is to
NOTE: The COMELEC cannot compel newspapers of general promote the widest possible dissemination of
circulation to donate free print space as COMELEC space information, and the reality is that to do this requires
without payment of just compensation. Such compulsion the expenditure of money, a limitation on expenditure
amounts to taking; hence, it is an exercise of eminent for this purpose cannot be justified, not even for the
domain and not of police power. (Philippine Press Institute v. purpose of equalizing the opportunity of political
COMELEC, G.R. No. 119694, May 22, 1995) The payment of
candidates. (Gonzalez v. COMELEC, G.R. No. L-28783,
just compensation is now expressly provided under Sec. 7 of
April 18, 1969)
the Fair Elections Act.
However, all broadcasting stations, whether by radio or Rules on election propaganda

television stations, which are licensed by the government,
do not own the airways and frequencies; they are merely 1. All registered parties and bona fide candidates
given the temporary privilege of using them. A franchise is a shall have a right to reply to charges published
privilege subject to amendment, and the provision of BP 881 against them.
granting free airtime to the COMELEC is an amendment of 2. No movie, cinematographic, documentary
the franchise of radio and television stations.
portraying the life or biography of a candidate
(Telecommunications and Broadcast Attorneys of the
shall be publicly exhibited in theatre, TV station,
Philippines v. COMELEC, G.R. No. 132922, April 21, 1998)
Payment of just compensation is not necessary since it is a or any public forum during the campaign period.
valid exercise of police power. 3. No movie ,cinematograph, documentary
portrayed by an actor or media personality who is
Q: A COMELEC resolution provides that political himself a candidate shall be publicly exhibited in a
parties supporting a common set of candidates shall theatre, TV station or any public form during the
be allowed to purchase jointly air time and the campaign period.
aggregate amount of advertising space purchased for 4. All mass media entities shall furnish the COMELEC
campaign purposes shall not exceed that allotted to with the copies of all contracts for advertising,
other political parties or groups that nominated only promoting, or opposing any political party or the
one set of candidates. The resolution is challenged as candidacy of any person for public office within 5
a violation of the freedom of speech and of the press. days after its signing.
Is the resolution constitutionally defensible? Explain. 5. Any media personality who is a candidate or is
campaign volunteer for or employed or retained
A: Yes. The resolution is constitutionally defensible. in a capacity by any candidate or political party
Under Sec. 4, Art. IX-C of the 1987 Constitution, during shall be deemed resigned, if so requires by their
the election period the COMELEC may supervise or employer, shall take a LOA from his work as such
regulate the media of communication or information during campaign period.
to ensure equal opportunity, time, and space among
candidates with the objective of holding free, orderly, Q: COMELEC promulgated a resolution providing that
honest, peaceful, and credible elections. To allow decals and stickers may be posted only in any of the
candidates who are supported by more than one authorized posting areas provided for. Atty.
political party to purchase more air time and Espaldon, a senatorial candidate, assails the
advertising space than candidates supported by one COMELEC's Resolution insofar as it prohibits the
political party only will deprive the latter of equal time posting of decals and stickers in "mobile" places like
and space in the media. cars and other moving vehicles. According to him,
such prohibition is violative of Sec. 82 of the OEC and
Sec. 11(a) of RA 6646. Is the resolution valid?

A: No. The COMELEC's prohibition on posting of decals 2. It is a direct and total suppression of a category of
and stickers on "mobile" places whether public or expression and even though such suppression is
private except in designated areas provided for by the only for a limited period; and
COMELEC itself is null and void on constitutional 3. The governmental interest sought to be promoted
grounds. The prohibition unduly infringes on the can be achieved by means other than the
citizen's fundamental right of free speech enshrined in suppression of freedom of expression. (SWS v.
the Constitution. (Sec. 4, Art. III) Significantly, the COMELEC, G.R. No. 147571, May 5, 2001)
freedom of expression curtailed by the questioned
prohibition is not so much that of the candidate or the Q: May the media be compelled to publish the results
political party. The regulation strikes at the freedom of of the election survey?
an individual to express his preference and, by
displaying it on his car, to convince others to agree A: No, but should they decide to publish the said
with him. survey for public consumption, they must likewise
publish the following information:
Also, the questioned prohibition premised on the a. The name of the person, candidate, party, or
statute (RA 6646) and as couched in the resolution is organization that commissioned or paid for the
void for overbreadth. The restriction as to where the survey;
decals and stickers should be posted is so broad that it b. The name of the person, polling firm or survey
encompasses even the citizen's private property, organization who conducted the survey;
which in this case is a privately-owned vehicle. In c. The period during which the survey was
consequence of this prohibition, another cardinal rule conducted, the methodology used, including the
prescribed by the Constitution would be violated. Sec. number of individual respondents and the areas
1, Art. III of the Bill of Rights provides that no person from which they were selected, and the specific
shall be deprived of his property without due process questions asked;
of law. The right to property may be subject to a d. The margin of error of the survey;
greater degree of regulation but when this right is e. For each question for which the margin of error is
joined by a "liberty" interest, the burden of greater than that reported under par. (4), the
justification on the part of the Government must be margin of error for that question; and
exceptionally convincing and irrefutable. The burden is f. A mailing address and telephone number,
not met in this case. indicating it as an address or telephone number at
which the sponsor can be contacted to obtain a
Additionally, the constitutional objective to give a rich written report regarding the survey in accordance
candidate and a poor candidate equal opportunity to with the next succeeding paragraph.
inform the electorate as regards their candidacies, g. The survey together with raw data gathered to
mandated by Art. II, Sec. 26 and Art. XIII, Sec. 1 in support its conclusions shall be available for
relation to Art. IX (c) Sec. 4 of the Constitution, is not inspection, copying and verification by the
impaired by posting decals and stickers on cars and Commission. Any violation of this SEC. shall
other private vehicles. It is to be reiterated that the constitute an election offense. (Sec. 26, COMELEC
posting of decals and stickers on cars, calesas, Res. 9615 as amended by COMELEC Res. 9631, 1
tricycles, pedicabs and other moving vehicles needs February 2013)
the consent of the owner of the vehicle. Hence, the
preference of the citizen becomes crucial in this kind Q: Does the conduct of exit polls transgress the
of election propaganda not the financial resources of sanctity and secrecy of the ballot?
the candidate. (Adiong v. Comelec, G.R. No. 103956,
March 31, 1992) A: No. In exit polls, the contents of the official ballot
are not actually exposed. Furthermore, the revelation
Q: Is the conduct of election survey prohibited? of whom an elector has voted for is not compulsory,
but voluntary.
A: No. The SC held that Sec. 5.4 of the Fair Elections
Act prohibiting publication of survey results 15 days Voters may also choose not to reveal their identities.
immediately preceding a national election and 7 days Indeed, narrowly tailored countermeasures may be
before a local election violates the constitutional rights prescribed by the COMELEC, so as to minimize or
of speech, expression and the press because: suppress incidental problems in the conduct of exit
1. It imposes a prior restraint on the freedom of polls, without transgressing the fundamental rights of
expression our people. (ABS-CBN Broadcasting Corporation v.
COMELEC, G.R. No. 133486, January 28, 2000)

ELECTION LAW
Requirements in the conduct of exit polls c) If the supporting evidence is not yet available due to
circumstances beyond the power of the claimant, the
a. Pollster shall not conduct their surveys within fifty latter shall supplement his claim as soon as the
supporting evidence becomes available, without delay
(50) meters from the polling place, whether said
on the part of the claimant.
survey is taken in a home, dwelling place and
d) Claimant must furnish a copy of the verified claim and
other places; its attachments to the media outlet concerned prior to
b. Pollsters shall wear distinctive clothing and the filing of the claim with the COMELEC. (Sec. 14,
prominently wear their identification cards issued COMELEC Res. 9615 as amended by COMELEC Res.
by the organization they represent; 9631, 1 February 2013)
c. Pollsters shall inform the voters that they may
refuse to answer; and Period of resolution
The results of the exit polls may be announced after The COMELEC, through the RED, shall review the
the closing of the polls on Election Day, and must verified claim within forty-eight (48) hours from
identify the total number of respondents, and the receipt thereof, including supporting evidence, and if
places where they were taken. Said announcement circumstances warrant, give notice to the media outlet
shall state that the same is unofficial and does not involved for appropriate action, which shall, within
represent a trend. (Sec. 27, COMELEC Res. 9615, 15 forty-eight (48) hours, submit its comment, answer or
January 2013) response to the RED, explaining the action it has taken
to address the claim. The media outlet must likewise
Allowance of right to reply furnish a copy of the said comment, answer or
response to the claimant invoking the right to reply.
All registered political parties, party-list groups or (Sec. 14, COMELEC Res. 9615 as amended by COMELEC
coalitions and bona fide candidates shall have the right Res. 9631, 1 February 2013)
to reply to charges published or aired against them.
The reply shall be given publicity by the newspaper, Remedy of a candidate who feels that his right to
television, and/or radio station which first printed or reply was not addressed
aired the charges with the same prominence or in the
same age or section or in the same time slot as the first File the appropriate petition and/or complaint before
statement. (Sec. 14, COMELEC Resolution 9615 as the Commission on Elections or its field offices, which
amended by COMELEC Res. 9631, 1 February 2013) shall be endorsed to the Clerk of the Commission. (Sec.
14, COMELEC Res. 9615 as amended by COMELEC Res.
Persons who may invoke the right 9631, 1 February 2013)
Registered political parties, party-list groups or LIMITATION AND EXPENSES

coalitions and bona fide candidates may invoke the
right to reply. (Sec. 14, COMELEC Resolution 9615 as Limitations on expenses for the candidates and
amended by COMELEC Res. 9631, 1 February 2013) political parties
Time within which the candidate may invoke the right a. For candidates - Three pesos (P3.00) for every
to reply voter currently registered in the constituency
where the candidate filed his CoC;
By submitting a formal verified claim within a non- b. For other candidates without any political party
extendible period of forty eight (48) hours from first and without support from any political party – Five
broadcast or publication against the media outlet to pesos (P5.00) for every voter currently registered
the COMELEC, through the appropriate Regional in the constituency where the candidate filed his
Election Director (RED) (Sec. 14, COMELEC Resolution CoC.
9615 as amended by COMELEC Resolution 9631, 1 c. For Political Parties and party-list groups – Five
February 2013) pesos (P5.00) for every voter currently registered
in the constituency or constituencies where it has
NOTE: The formal verified claim shall include: official candidates. (Sec. 5, COMELEC Res. 9615, 15
a) A detailed enumeration of the circumstances and January 2013)
occurrences which warrant the invocation of the right
of reply
b) Must be accompanied by supporting evidence, such as
a copy of the publication or recording of the television
or radio broadcast, as the case may be.

Lawful expenditures does not apply to candidates for elective barangay

office. (Sec. 14, RA 7166)
1. Traveling expenses
2. Compensation of campaigners, clerks, BOARD OF ELECTION INSPECTORS AND BOARD OF
stenographers, messengers and other persons CANVASSERS
actually employed in the campaign
3. Telegraph and telephone tolls, postage, freight Composition of the Board of Canvassers (BoC)
and express delivery charges
4. Stationery, printing and distribution of printed 1. Provincial board of canvassers – The provincial
matters relative to candidacy board of canvassers shall be composed of the
5. Employment of watchers at the polls provincial election supervisor or a senior lawyer in
6. Rent, maintenance and furnishing of campaign the regional office of the Commission, as
headquarters, office or place of meetings chairman, the provincial fiscal, as vice-chairman,
7. Political meetings or rallies and the provincial superintendent of schools, and
8. Advertisements one representative from each of the ruling party
9. Employment of counsel, the cost of which shall and the dominant opposition political party in the
not be taken into account in determining the constituency concerned entitled to be
amount of expenses which a candidate or political represented, as members.
party may have incurred 2. City board of canvassers – The city board of
10. Copying and classifying list of voters, investigating canvassers shall be composed of the city election
and challenging the right to vote of persons registrar or a lawyer of the Commission, as
registered in the lists, the cost of which shall not chairman, the city fiscal and the city
be taken into account in determining the amount superintendent of schools, and one
of expenses which a candidate or political party representative from each of the ruling party and
may have incurred the dominant opposition political party entitled to
11. Printing sample ballots, the cost of which shall not be represented, as members.
be taken into account in determining the amount 3. District board of canvassers of Metropolitan
of expenses which a candidate or political party Manila – The district board of canvassers shall be
may have incurred. (Sec. 102, BP 88, OEC) composed of a lawyer of the Commission, as
chairman, and a ranking fiscal in the district and
NOTE: The cost of numbers 9, 10, 11 shall not be taken into the most senior district school supervisor in the
account in determining the amount of expenses which a district to be appointed upon consultation with
candidate or political party may have incurred. the Ministry of Justice and the Ministry of
Education, Culture and Sports, respectively, and
STATEMENT OF CONTRIBUTIONS AND EXPENSES one representative from each of the ruling party
and the dominant opposition political party in the
Statement of contribution and expenses constituency concerned, as members.
4. Municipal board of canvassers – The municipal
Every candidate and treasurer of the political party board of canvassers shall be composed of the
shall, within 30 days after the day of the election, file election registrar or a representative of the
in duplicate with the offices of the COMELEC, the full, Commission, as chairman, the municipal
true and itemized statement of all contributions and treasurer, and the district supervisor or in his
expenditures in connection with the election. (Sec. 14, absence any public school principal in the
RA 7166) municipality and one representative from each of
the ruling party and the dominant opposition
Effects of failure to file the said statement political party entitled to be represented, as
members.
1. No person elected to any public office shall enter 5. Board of canvassers for newly created political
upon the duties of his office until he has filed the subdivisions – The Commission shall constitute a
statement of contributions and expenditures board of canvassers and appoint the members
herein required. The same prohibition shall apply thereof for the first election in a newly created
if the political party which nominated the winning province, city or municipality in case the officials
candidates, or winning party-list group, fails to file who shall act as members thereof have not yet
the statement required herein. assumed their duties and functions. (Sec. 221, BP
2. Such failure will constitute an administrative 881 OEC)
offense for which the offenders shall be liable to
pay an administrative fine. Provided, that this

ELECTION LAW
Supervision and control over the BOC The election registrar concerned shall place all the
returns intended for the board of canvassers inside a
The Commission shall have direct control and ballot box provided with three padlocks whose keys
supervision over the board of canvassers. Any member shall be kept as follows: one by the election registrar,
of the board of canvassers may, at any time, be another by the representative of the ruling party and
relieved for cause and substituted motu proprio by the the third by the representative of the dominant
Commission. (Sec. 227., BP 881, OEC) political opposition party. (Sec. 229, BP881, OEC)
BOC for President and Vice-President Process of safekeeping of transmitted election

returns
Congress
The board of canvassers shall keep the ballot boxes
Duties of Congress as BOC for President and Vice containing the election returns in a safe and secure
President room before and after the canvass. The door to the
room must be padlocked by three locks with the keys
Congress shall determine the authenticity and due thereof kept as follows:
execution of certificate of canvass. 1. One with the chairman,
2. The other with the representative of the ruling
1. Each certificate of canvass was executed, signed, party,
thumb marked by the Chair and transmitted to 3. And the other with the representative of the
Congress dominant opposition political party.
2. Each certificate contains the names of all
candidates and votes and words and figures. The watchers of candidates, political parties, coalition
3. No discrepancy in authentic copies of political parties and organization collectively
authorized by the Commission to appoint watchers
BOC for Senators shall have the right to guard the room. Violation of this
right shall constitute an election offense. (Sec. 230, BP
COMELEC en banc. 881 OEC)
Manner of delivery and transmittal of election Process of canvassing by the board

returns
1. The BOC shall meet not later than six o'clock in the
CITY AND MUNICIPAL PROVINCIAL AND afternoon of Election Day at the place designated
BOARD OF CANVASSERS DISTRICT BOARDS OF by the Commission to receive the election returns
CANVASSERS IN and to immediately canvass those that may have
METROPOLITAN already been received.
MANILA 2. It shall meet continuously from day to day until
The copy of the election The copy of the the canvass is completed, and may adjourn but
returns, duly placed election returns shall only for the purpose of awaiting the other election
inside a sealed envelope be personally delivered returns from other polling places within its
signed and affixed with by the members of the jurisdiction.
the imprint of the thumb board of election 3. Each time the board adjourns, it shall make a total
of the right hand of all inspectors to the of all the votes canvassed so far for each
the members of the election registrar for candidate for each office, furnishing the
board of election transmittal to the Commission in Manila by the fastest means of
inspectors, shall be proper board of communication a certified copy thereof, and
personally delivered by canvassers under making available the data contained therein to
the members of the proper receipt to be the mass media and other interested parties.
board of election signed by all the 4. As soon as the other election returns are
inspectors to the city or members thereof. delivered, the board shall immediately resume
municipal board of canvassing until all the returns have been
canvassers under proper canvassed.
receipt to be signed by all 5. The respective board of canvassers shall prepare
the members thereof. a certificate of canvass duly signed and affixed
with the imprint of the thumb of the right hand of
each member, supported by a statement of the

votes received by each candidate in each polling

place and, on the basis thereof, shall proclaim as NOTE: The BoC, notwithstanding the fact that not all the
elected the candidates who obtained the highest election returns have been received by it, may terminate the
number of votes cast in the province, city, canvass and proclaim the candidates elected on the basis of
the available election returns if the missing election returns
municipality or barangay. (Sec. 231, BP 881 OEC)
will not affect the results of the election (Sec. 233, BP 881,
OEC)
NOTE: Failure to comply with this requirement shall
constitute an election offense.
Duty of the BoC when the integrity of ballots is
Persons not allowed inside the canvassing room violated
1. Any officer or member of the Armed Forces of the 1. In case of material defects in the election returns -
Philippines, including the Philippine Constabulary, If it should clearly appear that some requisites in
or the Integrated National Police form or data had been omitted in the election
2. Any peace officer or any armed or unarmed returns, the board of canvassers shall call for all
persons belonging to an extra-police agency, the members of the board of election inspectors
special forces, reaction forces, strike forces, home concerned by the most expeditious means, for the
defense forces, barangay self-defense units, same board to effect the correction. In case of the
barangay tanods omission in the election returns of the name of
3. Any member of the security or police any candidate and/or his corresponding votes, the
organizations of government ministries, board of canvassers shall require the board of
commissions, councils, bureaus, offices, election inspectors concerned to complete the
instrumentalities, or government-owned or necessary data in the election returns and affix
controlled corporations or their subsidiaries therein their initials. (Sec. 234, BP 881, OEC)
4. Any member of a privately owned or operated
NOTE: The right of a candidate to avail of this provision
security, investigative, protective or intelligence
shall not be lost or affected by the fact that an election
agency performing identical or similar functions to protest is subsequently filed by any of the candidates.
enter the room where the canvassing of the
election returns are held by the board of 2. In case the election returns appear to be tampered
canvassers and within a radius of fifty meters from with or falsified - If the election returns submitted
such room. (Sec. 232, BP 881, OEC) to the board of canvassers appear to be tampered
with, altered or falsified after they have left the
NOTE: The board of canvassers by a majority vote, if it deems hands of the board of election inspectors, or
necessary, may make a call in writing for the detail of
otherwise not authentic, or were prepared by the
policemen or any peace officers for their protection or for
board of election inspectors under duress, force,
the protection of the election documents and paraphernalia
in the possession of the board, or for the maintenance of intimidation, or prepared by persons other than
peace and order, in which case said policemen or peace the member of the board of election inspectors,
officers, who shall be in proper uniform, shall stay outside the board of canvassers shall use the other copies
the room within a radius of thirty meters near enough to be of said election returns and, if necessary, the copy
easily called by the board of canvassers at any time. (Ibid.) inside the ballot box which upon previous
authority given by the Commission may be
Duty of the BoC in case the election returns are retrieved in accordance with Sec. 220 hereof. (Sec.
delayed, lost or destroyed 235, BP 881 OEC)
In case its copy of the election returns is missing, the 3. In case of discrepancies in the election return - if it
board of canvassers shall: appears to the board of canvassers that there
1. Obtain such missing election returns from the exists discrepancies in the other authentic copies
board of election inspectors concerned of the election returns from a polling place or
2. If said returns have been lost or destroyed, the discrepancies in the votes of any candidate in
board of canvassers, upon prior authority of the words and figures in the same return, and in either
Commission, may use any of the authentic copies case the difference affects the results of the
of said election returns or a certified copy of said election, the Commission, upon motion of the
election returns issued by the Commission, and board of canvassers or any candidate affected and
forthwith after due notice to all candidates concerned, shall
3. Direct its representative to investigate the case proceed summarily to determine whether the
and immediately report the matter to the integrity of the ballot box had been preserved,
Commission

ELECTION LAW
and once satisfied thereof shall order the opening 2. The BoC exercises ministerial duty.
of the ballot box to recount the votes cast in the 3. The BoC exercises quasi – judicial functions
polling place solely for the purpose of determining 4. Proceedings before BOC are summary
the true result of the count of votes of the 5. Canvassing shall be in public
candidates concerned. (Sec. 236, BP 881, OEC) 6. Proceedings are continuous from day to day,
without interruption except to adjourn.
NOTE: When integrity of ballots is violated. - The 7. After Proclamation, BOC becomes functus officio
Commission shall not recount the ballots but shall forthwith
seal the ballot box and order its safekeeping. (Sec. 237, BP Idem Sonans
881, OEC)
Under Rule 7 of the rules for the appreciation of ballots
Canvass of remaining or unquestioned returns to continue.
If, after the canvass of all the said returns, it should be in Sec. 211 of the OEC, the idem sonans rule means
determined that the returns which have been set aside will that a name or surname incorrectly written which,
affect the result of the election, no proclamation shall be when read, has a sound similar to the name or
made except upon orders of the Commission after due surname of a candidate when correctly written shall
notice and hearing. Any proclamation made in violation be counted in his favor.
hereof shall be null and void. (Sec. 238, BP 881, OEC)
REMEDIES AND JURISDICTION IN ELECTION LAW
Tie in election result
PETITION NOT TO GIVE DUE COURSE TO
Whenever it shall appear from the canvass that two or
CERTIFICATE OF CANDIDACY
more candidates have received an equal and highest
number of votes, or in cases where two or more
Requisites for the grant of a petition to deny due
candidates are to be elected for the same position and
course to or cancel a CoC
two or more candidates received the same number of
votes for the last place in the number to be elected,
1. Material misrepresentation in the qualifications
the board of canvassers, after recording this fact in its
for elective office, which includes age, residency,
minutes, shall by resolution upon five days notice to all
citizenship, and any other legal qualifications
the tied candidates, hold a special public meeting at
necessary to run for an elective office; and
which the board of canvassers shall proceed to the
2. Deliberate attempt to mislead, misinform or hide
drawing of lots of the candidates who have tied and
a fact which would otherwise render a candidate
shall proclaim as elected the candidates who may be
ineligible.
favored by luck, and the candidates so proclaimed
shall have the right to assume office in the same
NOTE: These two requirements must concur to warrant
manner as if he had been elected by plurality of vote. the cancellation of the CoC.
The board of canvassers shall forthwith make a
certificate stating the name of the candidate who had A verified petition may be filed exclusively on the
been favored by luck and his proclamation on the basis ground that any material representation contained in
thereof. (Sec. 240, BP 881 OEC) the certificate as required under Sec. 74 is false. The
petition may be filed not later than 25 days from the
Instances when proceedings of the BoC are time of filing of the CoC, and shall be decided, after due
considered illegal proceedings notice and hearing, not later than 15 days before the
election. (Sec. 78, BP 881, OEC)
There is an illegal proceeding of the BoC when the Jurisdiction over a petition to cancel a COC lies with the
canvassing is a sham or mere ceremony, the results of COMELEC in division, not with the COMELEC en banc.
which are pre-determined and manipulated as when (Garvida v. Sales, G.R. o. 122872, September 10, 1997)
any of the following circumstances are present:
1. Precipitate canvassing Q: Joy and Bel both ran as mayoralty candidates in
2. Terrorism the Municipality of Marantao, Lanao del Sur. Bel filed
3. Lack of sufficient notice to the members of the a Petition for Disqualification and to Deny Due Course
BoC's under Sec. 78 of the OEC against Joy. Bel alleged that
4. Improper venue. (Sec. 2, Rule 4, COMELEC Res. Joy was a double registrant, being a registered voter
8804, March 22, 2010) in Marawi City and Marantao. There being double
registration, Joy’s subsequent registration in
Characteristics of canvassing Marantao was null and void. Therefore, Joy was
disqualified to run for the position of municipal
1. The BoC is a collegial body.

mayor of said municipality. Is Joy’s voter registration proclamation. (2013 COMELEC Rules of Procedure,
a material fact, the falsity of which would be a ground Rule 25, Sec. 3)
for a petition to deny due course to her CoC?
Manner of the proceedings
A: In Maruhom v. COMELEC, G.R. No. 179430, July 27,
2009, the Court declared that a material fact refers to The petition is heard summarily. However, the
a candidate’s eligibility for qualification for elective COMELEC cannot disqualify a candidate without
office like citizenship, residence or status as a hearing and affording him opportunity to adduce
registered voter. A person’s voter registration evidence to support his side and taking into account
constitutes a material fact because it affects her such evidence.
eligibility to be elected as municipal mayor of
Marantao. Sec. 39(a) of the LGC requires that an Final and executory judgment
elective official must be, among other things, a
registered voter in the barangay, municipality, city or A Decision or Resolution is deemed final and executory
province where she intends to be elected. if, in case of a Division ruling, no motion for
reconsideration is filed within the reglementary
Petition for disqualification v. Petition to deny due period, or in cases of rulings of the Commission En
course Banc, no restraining order is issued by the Supreme
Court within five (5) days from receipt of the decision
PETITION TO DENY or resolution. (2013 COMELEC Rules of Procedure, Rule
PETITION FOR
DUE COURSE/ CANCEL 23, Sec. 8)
DISQUALIFICATION
COC
Premised on Sec. 12 or Based on a statement Grounds for disqualification
OEC, or Sec. 40 of the of a material
LGC. representation in the Those declared by final decision of a competent court,
said certificate that is guilty of, or found by the Commission to be suffering
false. from any disqualification provided by law or
A person who is The person whose the Constitution (2013 COMELEC Rules of Procedure,
disqualified under Sec. certificate is cancelled Rule 25, Sec. 1)
68 is merely prohibited or denied due course 1. Lacking qualification
to continue as a under Sec. 78 is not 2. Filing of COC for more than 1 office
candidate. treated as a candidate 3. False and Material representation in the CoC
at all, as if he never filed 4. Disqualification under the LGC
a CoC. 5. Nuisance Candidate
Thus, a candidate who is A person whose Coc 6. Election offenses enumerated under Sec. 68 of
disqualified under Sec. has been denied due the OEC
68 can be validly course or cancelled 7. Declaration of insanity or incompetency by
substituted under Sec. under Sec. 78 cannot be competent authority
77 of the OEC because he substituted because he 8. Sentenced by final judgment for subversion,
remains a candidate until is never considered as insurrection, rebellion or an offense which he has
disqualified. candidate. been sentenced to a penalty of more than 18
months or a crime involving moral turpitude,
PETITION FOR DISQUALIFICATION unless given plenary pardon/ amnesty.
Petition for disqualification PETITION TO DECLARE FAILURE OF ELECTIONS
It is the remedy against any candidate who does not Instances where a failure of election may be declared
possess all the qualifications required by the
Constitution or law, or who commits any act declared 1. The election in any polling place has not been held
by law to be grounds for disqualification. on the date fixed on account of force majeure,
violence, terrorism, fraud, or other analogous
Time of filing the petition for disqualification causes;
2. The election in any polling place had been
It may be filed any day after the last day for filing of suspended before the hour fixed by law for the
certificates of candidacy, but not later than the date of closing of the voting on account of force majeure,

ELECTION LAW
violence, terrorism, fraud, or other analogous A:

causes; and 1. The COMELEC shall decide by a majority vote of all
3. After the voting and during the preparation and its members on any case or matter brought before
transmission of the election returns or canvass it. (Sec. 7, Art. IX-A of the 1987 Constitution) In
thereof such election results in failure to elect on Cua v. COMELEC, G.R. No. 80519-2, December 17,
account of force majeure, violence, fraud or 1987, the Supreme Court stated that a two-to-one
analogous causes. (Banaga Jr. vs Comelec, G.R. decision rendered by a Division of the COMELEC
No. 134696, July 31, 2000) and a three-to-two decision rendered by the
COMELEC en banc was valid where only five
NOTE: There is a failure to elect when nobody can be members took part in deciding the case.
declared as winner because the will of the majority has been
defiled and cannot be ascertained. 2. No, his CoC cannot be accepted. As a rule, in cases
of postponement or failure of election no
Power to declare a failure of election additional CoC shall be accepted. (Sec. 75, OEC)
The COMELEC has the power to declare a failure of NOTE: This rule does not apply in cases of substitution
election and this can be exercised motu proprio or of candidates in case of death, disqualification or
upon verified petition. (Loong v. COMELEC, G.R. Nos. withdrawal of another under Sec. 77.
107814-15, May 16, 1996)
3. No, the answer will be different. An additional CoC
NOTE: The hearing is summary in nature and the COMELEC may be accepted in cases of postponement or
may delegate to its lawyers the power to hear the case and failure of election if there was a substitution of
to receive evidence. (Ibid.) candidates; but the substitute must belong to and
must be endorsed by the same party. (Sec.75 OEC)
Q: Is low turn-out of voters enough basis to grant a
petition to declare a failure of election? Q: Is a petition to declare failure of election different
from a petition to annul the election results?
A: No. All the law requires is that a winning candidate
must be elected by a plurality of valid votes, regardless A: No. A prayer to declare failure of elections and a
of the actual number of ballots cast. Thus, even if less prayer to annul the election results are actually of the
than 25% of the electorate in the questioned precincts same nature. Whether an action is for declaration of
cast their votes, the same must still be respected. failure of elections or for annulment of election
(Mitmug v. COMELEC, G.R. No. 106270-73, February results, based on allegations of fraud, terrorism,
10, 1994) violence or analogous, the OEC denominates them
similarly. (Banaga, Jr. v. COMELEC, G.R. No. 134696,
Q: Due to violence and terrorism attending the July 31, 2000)
casting of votes in a municipality in Lanao del Sur, it
became impossible to hold therein free, orderly and NOTE: There is failure of elections only when the will of the
honest elections. Several candidates for municipal electorate has been muted and cannot be ascertained.
positions withdrew from the race. One candidate for (Benito v. COMELEC, G.R. No. 134913, January 19, 2001)
Mayor petitioned the COMELEC for the
postponement of the elections and the holding of Postponement of elections v. Failure of elections
special elections after the causes of such
postponement or failure of elections shall have POSTPONEMENT OF FAILURE OF ELECTIONS
ceased. ELECTIONS
1. How many votes of the COMELEC Commissioners Any serious cause of:
may be cast to grant the petition? Explain. a. Force Majeure
2. A person who was not a candidate at the time of b. Violence
the postponement of the elections decided to c. Terrorism
run for an elective position and filed a CoC prior d. Loss or destruction of election paraphernalia
to the special elections. May his CoC be e. Other analogous cases
accepted? Explain.
Serious impossibility to Failure to elect and
3. Suppose he ran as a substitute for a candidate
have free and orderly affect results of
who previously withdrew his candidacy, will your
elections elections
answer be the same? Explain.
Grounds must exist Grounds may occur any
before voting time before
proclamation

1. Verified petition by 1. Verified petition by XPNs:

any interested any interested 1. Correction of manifest errors
person or motu person 2. Questions affecting the composition or
proprio by 2. Due Notice proceedings of the board of canvassers and
COMELEC en banc 3. Hearing 3. Determination of the authenticity and due
2. Due notice execution of certificates of canvass as provided in
3. Hearing Sec. 30 of RA 7166, as amended by RA 9369.
1. Election is 1. Declaration of
postponed Failure of elections NOTE:
2. Conduct elections 2. Holding of GR: The COMELEC is restricted to a mere examination of
returns on their face and not to go beyond and investigate
reasonably close to continuation of
irregularities. (Belac v. COMELEC, G.R. No. 145802, April 4,
elections not held, elections 2001)
but not later than reasonably close to
30 days from election not held, XPN: If there is a prima facie showing that return is not
cessation of cause but not later than genuine. (Ibid.)
30 days from
cessation of cause. No pre-proclamation cases are allowed in case of
barangay election. (Sec. 9, RA 6679)
NOTE: The COMELEC en banc by majority vote may grant the
postponement of elections and failure of elections. Termination of pre-proclamation cases
PRE-PROCLAMATION CONTROVERSIES GR: At the beginning of term of the officers. (Sec. 16,
RA 7166)
Pre-proclamation controversies
XPNs:
They refer to any question pertaining to or affecting 1. When based on evidence, COMELEC determines
the proceedings of the board of canvassers, and the that petition is meritorious
preparation, transmission, receipt, custody and 2. The SC in a petition for certiorari issues a contrary
appreciation of election returns which may be raised order; or
by any candidate or by any registered political party or 3. The case is not a pre-proclamation case.
coalition of political parties before the board or (Peñaflorida v. COMELEC, G.R. No. 125950,
directly with the COMELEC in relation to the November 18, 1997)
preparation, transmission, receipt, custody and
appreciation of election returns. (Sec. 241, BP 881 Issues which may be raised in a pre-proclamation
OEC) controversy
NOTE: The purpose of this kind of controversy is to ascertain 1. Illegal composition or proceedings of the BoC
winners in the elections on basis of election returns duly 2. Canvassed election returns are incomplete,
authenticated by board of inspectors and admitted by the
contain material defects, appear to be tampered
board of canvassers. (Abella v. Larrazabal, G.R. No. 87721-
with or falsified; or contain discrepancies in the
30, December 21, 1989)
same returns or in other authentic copies thereof
Nature of pre-proclamation controversy as mentioned in Sec. 233, 234, 235, and 236 of BP
881.
It shall be heard summarily by the COMELEC. Its
NOTE: An incomplete canvass is illegal and cannot be
decision shall be executory after 5 days from receipt
the basis of a valid proclamation. A proclamation made
by the losing party, unless contrary orders from the SC. where the contested returns set aside will affect the
result of the election and the board of canvassers
Q: Are there pre-proclamation cases in elections for proceeded to proclaim without the authority from the
President, Vice-president and Members of the House COMELEC is null and void. (Sema v. COMELEC, G.R. No.
of Representatives on matters relating to the 141249-50, December 13, 2000)
preparation, transmission, receipt, custody, and
appreciation of the election returns or the certificates 3. Election returns were prepared under duress
of canvass? threat, coercion, or intimidation, or they are
obviously manufactured or not authentic.
A: 4. When substitute or fraudulent returns in
GR: No. (Sec. 15, Synchronized Election Law) controverted polling places were canvassed, the

ELECTION LAW
results of which materially affected the standing 3. Quo warranto is not the proper remedy
of the aggrieved candidate/s. (Sec. 243, BP 881, 4. What was filed was a petition to annul a
OEC) proclamation, and not a Quo warranto or Election
5. Irregularities in relation to preparation, Protest
transmission, receipt, custody, and appreciation 5. Election Contest expressly made without
of election returns and certificate of canvass. prejudice to Pre Proclamation Controversy or it
was made ad cautelam
Petition to annul or suspend the proclamation
ELECTION PROTESTS
It is a remedy where there is a manifest error on the
face of the transmitted returns or variance of results Post-election disputes
from the election returns and CoC, and a winning
candidate is about to be, or has already been They are disputes which arise or are instituted after
proclaimed on the basis thereof. proclamation of winning candidates and which issues
pertain to the casting and counting of votes (Election
The COMELEC is required to hear the petition Protests), or to the eligibility or disloyalty of the
immediately and the ballots may be ordered manually winning candidates (Quo warranto).
recounted to verify the manifest errors or alleged
variance. Nature of an election contest
NOTE: The filing of a petition to annul or suspend the It is a special summary proceeding the object of which
proclamation shall suspend the running of the period within is to expedite the settlement of controversies between
which to file an election protest or quo warranto candidates as to who received the majority of legal
proceedings.
votes.
Pre-proclamation controversies allowed under the NOTE: Statutes providing for election contests are to be
new Automated Elections Law liberally construed to the end that the will of the people in
the choice of public officers may not be defeated by mere
GR: For purpose of the elections for president, vice – technical objections. An election contest, unlike an ordinary
president, senator, and member of the House of action, is imbued with public interest since it involves not
Representatives, no pre-proclamation cases shall be only the adjudication of the private interests of rival
allowed on matters relating to the preparation, candidates but also the paramount need of dispelling the
transmission, receipt, custody and appreciation of uncertainty which beclouds the real choice of the electorate
with respect to who shall discharge the prerogatives of the
election returns or the certificates of canvass, as the
office within their gift. Moreover, it is neither fair nor just to
case may be. (Sec. 38, RA 9369) keep in office for an uncertain period one who’s right to it is
under suspicion. It is imperative that his claim be
XPNs: immediately cleared not only for the benefit of the winner
1. Illegal composition of the BoC; but for the sake of public interest, which can only be
2. Illegal proceedings of the BoC. (Sec. 1, Rule 3, achieved by brushing aside technicalities of procedure which
COMELEC Res. No. 8804, March 22, 2010) protract and delay the trial of an ordinary action. (Vialogo v.
COMELEC, G.R. No. 194143, October 4, 2011)
NOTE: However, this does not preclude the authority of the
appropriate canvassing body motu proprio or upon written Where election protests can be filed
complaint of an interested person to correct manifest errors
in the certificate of canvass or election before it. (Sec. 38, RA 1. COMELEC – sole judge of all contests relating to
9369) elections, returns, and qualifications of all elective
regional, provincial and city officials. (reviewable
Q: Is the COMELEC precluded from exercising powers by SC under Rule 64 using Rule 65.)
over pre proclamation controversies, when the 2. Presidential Electoral Tribunal – President and
Electoral Tribunal acquires jurisdiction? Vice President
3. SET – Senator
A: 4. HRET – representative
GR: Yes. 5. RTC – over contests for municipal officials which
may be appealed to COMELEC
XPNs: 6. MeTC or MTC – for barangay officials which may
1. BOC was improperly constituted be appealed to COMELEC
2. Proclamation was null and void

Grounds for the filing of election protests 3. The order granting the said execution must state
the good reasons (Navarosa v. COMELEC, G.R. No.
1. Fraud 157957, September 18, 2003)
2. Vote-buying
3. Terrorism “Good reasons”
4. Presence of flying voters
5. Misreading or misappreciation of ballots A combination of two or more of the following:
6. Disenfranchisement of voters 1. That public interest is involved or the will of the
7. Unqualified members of board of election electorate
inspector 2. The shortness of the remaining portion of the
8. Other election irregularities. term of the contested office
3. The length of time that the election contest has
NOTE: Pendency of election protest is not sufficient basis to been pending (Ramas v. COMELEC, G.R. No.
enjoin the protestee from assuming office. 130831. February 10, 1998)
A protestant has the right to withdraw his protest or drop NOTE: If instead of issuing a preliminary injunction in place
polling places from his protest. The protestee, in such cases, of a TRO, a court opts to decide the case on its merits with
has no cause to complain because the withdrawal is the the result that it also enjoins the same acts covered by its
exclusive prerogative of the protestant. TRO, it stands to reason that the decision amounts to a grant
of preliminary injunction. Such injunction should be deemed
Content of an election protest in force pending any appeal from the decision. The view that
execution pending appeal should still continue
It must be initiated by filing a protest that must contain notwithstanding a decision of the higher court enjoining
the following allegations: such execution—does not make sense. It will render quite
a. The protestant is a candidate who duly filed a inutile the proceedings before such court. (Panlilio v.
COMELEC, G.R. No. 184286, February 26, 2010)
COC and was voted for in the election.
b. The protestee has been proclaimed
c. The date of the proclamation. (Miro v. Best pieces of evidence in an election contest
COMELEC, G.R.No. L-57574, April 20, 1983)
1. Ballots are the best and most conclusive evidence
Q: On June 23, 2004, the National Board of in an election contest where the correctness of
Canvassers (NBC) proclaimed Sitro as the duly elected the number of votes of each candidate is involved.
Vice-President of the Philippines. Karen was the (Delos Reyes, G.R. No. 170070, February 28, 2007)
person who obtained the second highest number of 2. Election returns are the best evidence when the
votes. Karen filed a protest with the PET praying for ballots are lost, destroyed, tampered or fake.
the annulment of Sitro's proclamation on the ground
of fraud and manipulation of the results. While the QUO WARRANTO
protest was pending, Karen ran in the Senate, which
term coincides with the term of the 2004-2010 Vice- Quo warranto proceeding for an elective office
Presidency. She was elected and assumed the office
of senator. Will the protest prosper? It is a proceeding to determine the right to the use or
exercise of an office and to oust the holder from its
A: No. In assuming the office of Senator, Karen has enjoyment, if his claim is not well-founded or if he has
effectively abandoned or withdrawn this protest. Such forfeited his right to enjoy the privilege.
abandonment or withdrawal operates to render moot
the instant protest. Moreover, the dismissal of this Unlike an election protest, which can only be filed by a
protest would serve public interest as it would candidate, any voter can file a petition for quo
dissipate the aura of uncertainty as to the results of warranto.
the election. (Legarda v. De Castro, PET case no. 003,
NOTE: Election Protests and Quo warranto proceedings
January 18, 2008)
against a Congressman-elect, Senator-elect, President-elect
and VP-elect are brought before the appropriate electoral
Requisites for an execution pending appeal in tribunals created by the Constitution.
election protest cases
1. It must be upon motion by the prevailing party

with notice to the adverse party
2. There must be good reasons for the said execution

ELECTION LAW
Election protest v. a Quo warranto case under the A: No. The Court has invariably held that once a
OEC winning candidate has been proclaimed, taken his
oath, and assumed office as a Member of the HOR, the
BASIS ELECTION PROTEST QUO WARRANTO COMELEC's jurisdiction over election contests relating
By a losing By any voter who to his election, returns, and qualifications ends, and
candidate for the is a registered the HRET's own jurisdiction begins. Here, Kat cannot
same office for voter in the be considered a Member of the HoR because,
Who which the winner constituency primarily, she has not yet assumed office. To repeat
may filed his COC where the what has earlier been said, the term of office of a
file winning candidate Member of the HOR begins only “at noon on the
sought to be thirtieth day of June next following their election.”
disqualified ran Thus, until such time, the COMELEC retains
for office jurisdiction. (Reyes v. COMELEC, G.R. No. 207264, June
Who received the Whether the 25, 2013)
majority or plurality candidate who
of the votes which was proclaimed Effect if the protestant accepts a permanent
were legally cast. and elected appointment
should be
Issue/s Acceptance of a permanent appointment to a regular
Whether there were disqualified
irregularities in the because of office during the pendency of his protest is an
conduct of the ineligibility or abandonment of the electoral protest. The same is
election which disloyalty to the true if a protestant voluntarily sought election to an
affected its results. Philippines. office whose term would extend beyond the expiry
date of the term of the contested office, and after
Function of Senate and House of Representatives winning the said election, took her oath and assumed
Electoral Tribunals office and there after continuously serves it. The
reason for this is that the dismissal of the protest
The Senate and the House of Representatives each would serve public interest as it would dissipate the
have an Electoral Tribunal which shall be the sole judge aura of uncertainty as to the results of the presidential
of all contests relating to elections, returns, and election, thereby enhancing the all-to crucial political
qualifications of their respective members. Such stability of the nation during this period of national
jurisdiction begins only after a candidate has become recovery. (Santiago v. Ramos, P.E.T. Case No. 001,
a member of the legislative body. The judicial review February 13, 1996)
of the decisions of these electoral tribunals is possible
only in the exercise of the SC’s extraordinary PROSECUTION OF ELECTION OFFENSES
jurisdiction.
Authority to prosecute election offenses
Q: In March 2013, COMELEC First Division issued a
resolution cancelling Kat’s CoC on the ground that she COMELEC is vested with the power of a public
is not a citizen of the Philippines because of her prosecutor with the exclusive authority to conduct the
failure to comply with the requirements of the preliminary investigation and prosecution of election
Citizenship Retention and Re-acquisition Act of 2003. offenses punishable under the OEC. (Sec. 265, BP 881
On April 8, 2013, Kat filed an MR claiming that she is OEC)
a natural-born Filipino citizen, but it was denied by
COMELEC on May 14 for lack of merit and declared it Q: May the COMELEC delegate such authority?
final and executory. Kat, however, was proclaimed
the winner of the May 2013 elections, and took her A: Yes. The COMELEC en banc may delegate such
oath of office but is yet to assume office on June 30, authority to any public prosecutor but always subject
2013. Kat contends that COMELEC no longer has to the control and supervision of the COMELEC.
jurisdiction pursuant to Sec. 17, Art. 6 of the 1897 (People v. Delgado, G.R. Nos. 93419-32, September 18,
Constitution which states that HRET has the exclusive 1990)
jurisdiction to be the “sole judge of all contests
relating to the election, returns and qualifications” of Q: In cases where the prosecutor exercises delegated
the Members of the HOR. Is the contention of Kat authority to conduct preliminary investigation of
correct? election offenses and such officer, after investigation,

already resolves the issue of probable cause, where election offenses. The grant of exclusive power to
should one appeal the resolution? investigate and prosecute cases of election offenses to
the COMELEC was not by virtue of the Constitution but
A: From such resolution, appeal to the COMELEC lies, by the OEC which was eventually amended by Sec. 43
and the latter’s ruling on the appeal would be of RA 9369. Thus, the DOJ now conducts preliminary
immediately final and executory. However, if the investigation of election offenses concurrently with
preliminary investigation is conducted by the the COMELEC and no longer as mere deputies.
COMELEC itself, appeal to the COMELEC is unavailing,
but the respondent may file a motion for Clearly, COMELEC recognizes the need to delegate to
reconsideration of the resolution of the COMELEC en the prosecutors the power to conduct preliminary
banc finding probable cause. (Faelnar v.People, G.R. investigation. Otherwise, the prompt resolution of
Nos. 140850-51. May 4, 2000) alleged election offenses will not be attained. This
delegation of power, otherwise known as deputation,
Election offenses has long been recognized and, in fact, been utilized as
an effective means of disposing of various election
1. Vote buying and vote selling offense cases. Apparently, as mere deputies, the
2. Conspiracy to bribe voters prosecutors played a vital role in the conduct of
3. Wagering upon result of election preliminary investigation, in the resolution of
4. Coercion of subordinates complaints filed before them, and in the filing of the
5. Threats, intimidation, terrorism, use of fraudulent informations with the proper court. COMELEC, though
device or other forms of coercion it acts jointly with the DOJ, remains in control of the
6. Coercion of election officials and employees proceedings. In no way can we say that the COMELEC
7. Appointment of new employees, creation of new has thereby abdicated its independence to the
position, promotion, giving of salary increases executive department. (Jose Miguel T. Arroyo. DOJ, et
8. Intervention of public officers and employees al., G.R. No. 199082, September 18, 2012)
9. Undue influence
10. Unlawful electioneering
11. Others. (Sec. 261, BP 881 OEC)
Prescriptive period of election offenses
5 years from the date of their commission. (Sec. 267,

BP 881, OEC)
Jurisdiction of courts to hear and decide election

offenses
GR: The RTC has the exclusive and original jurisdiction

to hear and decide any criminal action or proceedings
for violation of the OEC.
XPN: The MTC has jurisdiction over offenses relating

to failure to register or failure to vote.
Q: President Gemma Tiama was accused of electoral

fraud and sabotage. COMELEC issued a Resolution
approving the creation of a COMELEC-DOJ Joint
Panel, which shall conduct preliminary investigation
on the alleged offenses and anomalies committed
during the elections. Gemma filed a petition before
the SC arguing that the Joint Panel has no jurisdiction
to conduct preliminary investigation of the electoral
sabotage cases. Is Gemma’s contention acceptable?
A: No. DOJ and COMELEC exercise concurrent

jurisdiction in conducting preliminary investigation of


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ADMINISTRATIVE LAW

ADMINISTRATIVE LAW Part that is of general Part that pertains to

Classifications of Administrative Law It is an organ of government, other than a court and

UNIVERSITY OF SANTO TOMAS

autonomy, usually through a charter. This term KINDS

1. Quasi-legislative power or rule-making power

UNIVERSITY OF SANTO TOMAS

2. Quasi-judicial or adjudicatory power Legislative v. Quasi-legislative power

Also, when, upon the other hand, the administrative

UNIVERSITY OF SANTO TOMAS

Publication requirement Power of administrative agency to promulgate rules

XPN: 15 days after publication if the administrative Contemporaneous construction

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KINDS OF ADMINISTRATIVE RULES AND Classifications of adjudicatory powers

UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS

Administrative review Exceptions to the non-applicability of res judicata in

UNIVERSITY OF SANTO TOMAS

XPN: In cases of deportation of illegal and undesirable Rate

Includes the whole or any part of any agency’s permit,

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Rate-fixing procedure fixing order, temporary or provisional though it may

Q: In the absence of an express requirement as to JUDICIAL RECOURSE AND REVIEW

UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS

Doctrine of Finality of Administrative Action

It provides that no resort to courts will be allowed

Instances where the doctrine finds no application

1. To grant relief to preserve the status quo pending

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ELECTION LAW iii. for Party – List Representatives

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Commencement of election period

1. Filipino citizenship Domicile

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UNIVERSITY OF SANTO TOMAS

4. An immigrant or a permanent resident who is

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UNIVERSITY OF SANTO TOMAS

information gathering and reporting or a. Convicted by final judgment to suffer

Requisites Grounds for the annulment of Book of voters

1. Duly registered voters 1. Fraud

UNIVERSITY OF SANTO TOMAS

EXCLUSION Organized group of citizens belonging to any of the

Inapplicability of the doctrine of res judicata in Sectoral organization

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Grounds for disqualification of a candidate EFFECT OF FILING

1. Declared as incompetent or insane by competent Certificate of Candidacy (Coc)

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2. Elective official – No effect. The candidate shall Substitution

UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS

EFFECT OF DISQUALIFICATION rule on substitution of candidates. No Statement of

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UNIVERSITY OF SANTO TOMAS

PROHIBITED CONTRIBUTIONS c. Cockfights