SPECIAL LECTURES ON

ELECTION LAWS

by: Atty. Voltaire G. San Pedro

1
WHAT IS SUFFRAGE?
Suffrage is the right to vote in the
election of officers chosen by the
people and in the determination of
question submitted to the people. It
includes election, plebiscite,
initiative and referendum.

Under our Constitution, suffrage is

both a right and a privilege.
2
 QUALIFICATIONS AND
DISQUALIFICATIONS OF VOTERS
Article V, Section 1 of the Constitution
To exercise the right of suffrage, a person must
be (1) a Filipino citizen; (2) at least 18 years of
age; (3) a resident of the Philippines for at least
one year; (4) a resident of the place where he
proposes to vote for at least six months; and
(5) not otherwise disqualified by law. No
literacy, property, or other substantive
requirement shall be imposed on the exercise
of suffrage.
3
Section 9 of R.A. 8189 (Voters Registration
Act of 1996)
Any person, who, on the day of
registration may not have reached the
required age or period of residence but
who, on the day of the election, shall
possess such qualifications, may register
as a voter

4
 Citizenship Qualification

Naturalized or native born.

Burden of proof is in the voter.

5
 Residence

It imports not only the

intention to reside in fixed
place, but also personal
presence in that place
coupled with the conduct
indication of such intention.
6
Determination of Permanency

It is not necessary that there

be an intention to remain
permanently at the chosen
domicile, it is sufficient that
the place is for the time being
the home of the voter to the
exclusion of the other voter.
7
 Residence vs. Domicile
Pundaodaya v. COMELEC (G.R. No. 179313, 2009)
The petitioner filed a disqualification case against her
opponent on the ground that the latter lacked the
residency qualification. In election cases, the Court
treats domicile and residence as synonymous terms.
Both impart not only an intention to reside in a fixed
place but also personal presence in that place, coupled
with conduct indicative of such intention. Domicile
denotes a fixed permanent residence to which, when
absent for business, pleasure, or like reasons, one
intends to return. The Court found that petitioners
opponent had indeed no residency qualification since he
had not abandoned his domicile of origin for his present
residence.

8
Persons Disqualified for Voting
(Sec. 118, Omnibus Election Code)
a) Conviction of a crime more
than 1 year
Exceptions:
1) plenary pardon or granted
amnesty.
2) after 5 years from service of
sentence (automatic).
9
b) Convicted of a crime involving
disloyalty to the duly constituted
government i.e. rebellion,
sedition, violation of anti-
subversion and firearms law,
crime against national security.

c) Insane or incompetent persons as

declared by competent authority.
10
 COMELEC
Composition:
1 Chairman, and 6 Commissioners
Qualifications
NATURAL-BORN Citizen
At the time of their appointment, at least 35 years of
age
Holder of a College Degree

Must not have been candidates for any elective

position in the preceding elections
Majority, including the Chairman, shall be a
member of the Bar who has been engaged in the
practice of law for at least 10 years 11
GENERAL RULE:
The Comelec sitting en banc does
NOT have the requisite authority
to hear and decide election cases
in the first instance. This power
pertains ot the divisions of the
Commission. Any decision by the
En Banc as regards election cases
decided by it in the first instance
is null and void
12
EXCEPTIONS:
1. Purely administrative, and not
quasi-judicial cases.
2. When the required number of votes
is not reached in the division.
3. Estoppel

4. Petitions for postponement,

declaration of failure of election,
and the calling of special elections.
5. Prosecution of election cases.
13
 JUDICIAL REVIEW OF COMELEC
DECISIONS
The SC has the power to review any
decision, order or ruling of the
COMELEC, but limits such power
to a final resolution of the Comelec
en banc.

14
REGISTRATION OF VOTERS
Registration - refers to act of
accomplishing and filing a sworn
application for the registration by a
qualified voter before the election officer
of the City or Municipality wherein he
resides and including the same in the book
of registered voters upon approval by the
Election Registration Board (R.A. 8189,
Voter's Registration Act of 1996, Sec. 3
(a))
15
 Note: In order that a qualified
elector may vote in any election,
plebiscite or referendum, he must
be registered in the permanent
list of voters for the city or
municipality in which he resides.

16
System of Continuing Registration

The personal filing of voters shall be

conducted daily in the office of the
election officer during regular office
hours.

No registration shall, however, be

conducted during the period starting 120
days before a regular election and 90
days before a special election.
(Voter's Registration Act of 1996,
Sec. 8, R.A. 8189) 17
Akbayan Youth vs. COMELEC
March 26, 2001
Petitioner requested for two
(2) additional registration days
in order to enfranchise more
than 4 million youths between
the ages 18-21 who failed to
register on or before December
27, 2000.
18
 Held: Petition was denied. The law
was simply followed by the COMELEC,
and it is an accepted doctrine in
administrative law that determination of
administrative agencies as to the
operation, implementation and
application of a law is accorded great
weight, considering that these
specialized government bodies are, by
their nature and functions, in the best to
know what they can possibly do or not
do under prevailing circumstances.
19
 Elector - citizen having
constitutional and statutory
qualifications that enable or
entitle him to vote.
Voter - an elector who
actually exercises the privilege
of voting.

20
 Where to Register?

Registration with Election

Registration Board (ERB).

There shall be in each city and

municipality as many as ERB
to act on all applications for
registration
21
Election Registration Board
There shall be in each city and
municipality as many Election
Registration Boards as there are election
officers therein.
No member of the Board shall be related
to each other or to any incumbent city or
municipal elective official within the
fourth civil degree of consanguinity or
affinity.
(Sec. 15, R.A. 8189) 22
 Composition of ERB
1) ELECTION OFFICER
Chairman
2) PUBLIC SCHOOL OFFICER -
Member
3) LOCAL CIVIL REGISTRAR -
Member
4) MUN./CITY TREASURER
Member

23
Challenges to Right to Register
(Sec. 18, R.A. 8189)
1) Any voter, candidate, or
representative of a registered political
party may challenge in writing any
application for registration, stating the
grounds therefor. the challenge shall
be under oath and be attached to the
application, together with the proof of
notice of hearing to the challenger and
the applicant.
24
2) Oppositions to contest a registrant's
application for inclusion in the voter's list
must, in all cases, be filed not later than
the second Monday of the month in
which the same is scheduled to be heard
or processed by the Election registration
Board.
3) The hearing on the challenge shall be
heard on the third Monday of the month
and the decision shall be rendered before
the end of the month.
(Sec. 18, R.A. 8189)
25
 Deactivation of Registration
(Sec. 27, R.A. 8189)
The registration of the following persons
may be deactivated:
a) Any person who has been sentenced
by final judgment to suffer
imprisonment for not less than one (1)
year, such disability not having been
removed by plenary pardon or
amnesty.
26
b) Any person who has been adjudged by
final judgment by a competent court
or tribunal of having
caused/committed any crime
involving disloyalty to the duly
constituted government such as
rebellion, sedition, violation of the
anti-subversion and firearms laws, or
any crime against national security,
unless restored to his full civil and
political rights in accordance with law.
27
c) Any person declared by competent
authority to be insane or incompetent
unless such disqualification has been
subsequently removed by a declaration of
a proper authority that such person is no
longer insane or incompetent.
d. Any person who did not vote in the two
successive preceding regular elections as
shown by their voting records. For this
purpose, regular elections do not include
the Sangguniang Kabataan (SK)
elections. 28
e) Any person whose
registration has been
ordered excluded by the
Court; and

f) Any person who has lost

his Filipino citizenship.

29
 Reactivation of Registration
(Sec. 28, R.A. 8189)
Any voter whose registration has been
deactivated may file with the ERB a sworn
application for reactivation of his
registration in the form of an affidavit
stating that the grounds for the
deactivation no longer exist any time but
not later than 120 days before a regular
election and 90 days before a special
election. The Election Officer shall submit
said application to the ERB for
appropriate action. 30
Local and Overseas Absentee
Voting
General Rule: A person must
be physically present in the
polling place whereof he is a
registered voter to be able to
vote.

31
Exceptions:
Members of the BEI

Any person who by reason of public

functions and duties, is not in his
place of registration on election
day, may vote in the
city/municipality where he is
assigned, provided that he is a duly
registered voter.
Overseas Absentee Voter (RA 9189)

32
 INCLUSION AND EXCLUSION
PROCEEDINGS
(Sec. 32, R.A. 8189)
Common Rules Governing Judicial
Proceedings in the Matter of
Inclusion, Exclusion and
Correction of Names of Voters:
a) Petition for inclusion, exclusion or
correction of names of voters shall be
filed during office hours.

33
b) Notice of the place, date and
time of the hearing of the
petition shall be served upon
the members of the Board and
the challenged voter upon the
filing of the petition.
c) A petition shall refer only to 1
precinct and shall implead the
Board as respondents.
34
d) No costs shall be assessed against any
party in these proceedings. However, if
the court should find that the
application has been filed solely to
harass the adverse party and cause him
to incur expenses, it shall order the
culpable party to pay the costs and
incidental expenses.
e) Any voter, candidate or political party
who may be affected by the
proceedings may intervene and present
his evidence.
35
f) The decision shall be based on the
evidence presented and in no case
rendered upon a stipulation of facts.
If the question is whether or not the
voter is real or fictitious, his non-
appearance on the day set for
hearing shall be prima facie
evidence that the challenged voter is
fictitious.

36
g) The petition shall be heard and
decided within 10 days from the date
of its filing. Cases appealed to the
RTC shall be decided within 10 days
from receipt of the appeal. In all
cases, the court shall decide these
petitions not later than 15 days
before the election and the decision
shall become final and executory.

37
 Jurisdiction in Inclusion
and Exclusion Cases
Original and Exclusive
Jurisdiction: The Municipal
and Metropolitan Trial Courts
shall have original and exclusive
jurisdiction over all cases of
inclusion and exclusion of voters
in their respective cities or
municipalities. 38
 Appeal: Decisions of the MTCs may
be appealed to the RTC within 5 days
from receipt of notice thereof.
Otherwise, said decision shall become
final and executory. RTC shall decide
the appeal within 10 days from the
time it is received and the decision
shall immediately become final and
executory. No motion for
reconsideration shall be entertained.
(Sec. 33, R.A. 8189) 39
 Note: It is not within the competence of
the trial court, in exclusion proceedings, to
declare the challenged voter as a resident
of another municipality. The jurisdiction
of the trial court is limited only to
determining the right of the voter to
remain in the list of voters or to declare
that the challenged voter is not qualified to
vote in the precinct in which he is
registered, specifying the ground for the
voter's disqualification. (Domino vs.
COMELEC, G.R. No. 134015, July 19,
1999) 40
 PETITION FOR PETITION FOR
INCLUSION EXCLUSION
(Sec. 34 R.A 8189) (Sec. 35, R.A 8189)
Prayer Any person whose Any registered voter,
application for representative of a
registration has been political party or the
disapproved by the Election Officer, may
Board or whose name file with the court a
has been stricken out sworn petition for
from the list may file the exclusion of
with the court a petition voters giving the
to include his name in name, address and
the permanent list of precinct of the
voters in his precinct challenged voter
Period Within 15 days after its Within 10 days
to filing from its filing 41
decide
Time of Anytime except one Anytime except one
Filing hundred five (105) days hundred days(100)
prior to a regular prior to a regular
election or seventy-five election or sixty-five
(75) days prior to a (65) days before a
special election special election

Accom- 1. Certificate of Proof of notice to the

panying Disapproval of his Board and to the
Docu- application challenged voter.
ments 2. Proof of service of
notice of his petition
upon the Board

42
 POLITICAL PARTIES
Any organized group of persons
may register as a party,
organization or coalition for
purposes of the party-list system
by filing with the COMELEC a
petition stating its desire to
participate in the party-list
system.
43
 PURPOSES OF
REGISTRATION
To acquire juridical personality;
To entitle it to rights and
privileges grated to political
parties; and
To participate in the party-list
system

44
 GROUPS WHICH CANNOT BE
REGISTERED
Religious denominations or sects;
Citizens arm accredited by the Commission;

Those which cannot have no platform or

program of government
Those who seek to achieve their goals
through violence or unlawful means;
Those who refuse to uphold and adhere to the
constitution
Those supported by foreign governments.
45
 GROUNDS FOR CANCELLATION
It is a religious denomination or sect, organized for
election purposes;
Advocates violence/unlawful means to seek its goal;
Receiving support from FOREIGN: government,
political party, foundation, organization, whether
directly or indirectly;
Violates or fails to comply with election laws
Ceased to exist for at least 1 year
Declares unlawful statements in its petition
Fails to participate in the last 2 preceding elections or
fails o obtain at least 2% of the votes cast under the
party-list system in the 2 preceding elections. 46
 Atong Paglaum v. COMELEC
(G.R. No. 203766, 2013)
This case stemmed from 54 petitions for certiorari from Atong
Paglaum, Inc. and 51 other parties who were disqualified by the
COMELEC in May 2013 as party-list for not being qualified as
representatives for marginalized or underrepresented sectors. R.A.
7941 does not require national and regional parties or organizations to
represent the marginalized and underrepresented sectors. The phrase
marginalized and underrepresented should refer only to those
sectors in Section 5 that are, by their nature, economically marginalized
and underrepresented. The nominees of the sectoral party either must
belong to the sector, or must have a track record of advocacy for the
sector represented. National, regional, and sectoral parties or
organizations shall not be disqualified if some of their nominees are
disqualified, provided that they have at least one nominee who remains
qualified.
47
 ELECTION OF PARTY-LIST
REPRESENTATIVES

The party-list representatives shall

constitute 20% of the total number of
representatives, including those under the
party-list system.

The Party-list system is a mechanism of

proportional representation of
representatives to the House of
Representatives 48
 FROM CAMILLE
What is the nature of the party-list system?

A social justice tool that is intended to benefit

those who have less in life.

49
 Ground for refusal and/or cancellation of registration
(Sec 6, RA 7941)

1. It is a religious sector denomination, organization or

association, organized for religious purposes;
2. It advocates violence or unlawful means to seek its goal;
3. It is a foreign party or organization;
4. It is receiving support from any foreign government, foreign
political party, foundation, organization, whether directly or
through any of its officers or members or indirectly through 3rd
parties for partisan election purposes.
50
 5. It violates or fails to comply with laws, rules or
regulations relating to elections;
6. It declares untruthful statements in its petition;
7. It has ceased to exist for at least 1 year;
8. It fails to participate in the last 2 preceding elections,
or fails to obtain at least 2% of the votes cast under the
party list system in the 2 preceding elections for the
constituency in which it has registered.

51
 Sec 9, RA 7941 Qualifications for party list
nominees
(1) Natural-born citizen of the Philippines
(2) Registered voter
(3) Resident of the Philippines for a period of not less than 1 year
immediately preceding the day of the election.
(4) Able to read and write
(5) Bona fide member of the party or organization which he seeks to
represent for at least 90 days preceding the day of the election.
(6) Not only the candidate party or organization must represent
marginalized and underrepresented sectors; so also must its nominees.
(7)The nominee must also represent the marginalized and
underrepresented
52
 Parameters to determine the winners in a
Party-list election
1. The twenty (20%) percent allocation
2. The three (3) seat limit
3. The two (2%) percent threshold - Only those garnering a
minimum of 2% of the total valid votes cast for the party list system
are qualified to have a seat in the HOR.
NOTE: The base is the total votes cast for the party-list
and not the total number of registered voters.

53
 . How is the 80-20 rule observed in apportioning
the seats in the lower house?
How did the Supreme Court arrive at 55? This is the formula:
(Current Number of Legislative District
Representatives 0.80) x (0.20) = Number of Seats
Available to Party-List Representatives
Hence,
(220 0.80) x (0.20) = 55

54
 The 20% allocation for party-list representatives
is merely a ceiling meaning, the number of
party-list representatives shall not exceed 20% of
the total number of the members of the lower
house. However, it is not mandatory that the
20% shall be filled.

55
 How are party-list seats allocated?
The Supreme Court laid down the following rules:
1. The parties, organizations, and coalitions shall be ranked
from the highest to the lowest based on the number of
votes they garnered during the elections.
2. The parties, organizations, and coalitions receiving at least
two percent (2%) of the total votes cast for the party-list
system shall be entitled to one guaranteed seat each.
3. Those garnering sufficient number of votes, according to
the ranking in paragraph 1, shall be entitled to additional
seats in proportion to their total number of votes until all
the additional seats are allocated.
56
 Each party, organization, or coalition shall be entitled to not
more than three (3) seats.

In computing the additional seats, the guaranteed seats shall no

longer be included because they have already been allocated, at
one seat each, to every two-percenter. Thus, the remaining
available seats for allocation as additional seats are the
maximum seats reserved under the Party List System less the
guaranteed seats. Fractional seats are disregarded in the absence
of a provision in R.A. No. 7941 allowing for a rounding off of
fractional seats.

57
 In this case, 17 party-lists were able to garner 2% each.
There are a total 55 seats available for party-lists hence,
55 minus 17 = 38 remaining seats.
The number of remaining seats, in this case 38, shall be
used in the second round, particularly, in determining,
first, the additional seats for the two-percenters, and the
second, in determining seats for the party-lists that did
not garner at least 2% of the votes case, and in the
process filling up the 20% allocation for party-list
representatives

58
 Get the total percentage of votes garnered by the party
and multiply it against the remaining number of seats.
In this case, the BUHAY party-list garnered the highest
total vote of 1,169,234 which is 7.33% of the total votes
cast for the party-list elections (15, 950,900)
(Percentage of vote garnered) x (Remaining Seats) = Number
of Additional Seat
7.33% x 38 = 2.79
BUHAY is entitled to 3 seats

59
 Political parties can participate in party-list
elections ONLY IF
Register under the party-list system
Do not field candidates in legislative district election

HOWEVER A political party that fields candidates in

legislative district elections can participate in party-list
elections only through its sectoral wing that can separately
register under the party-list system. The sectoral wing is
by itself an independent sectoral party, and is linked to
a political party through a coalition
60
 MANNER OF VOTING
Every voter shall be entitled to 2 votes:
1. For a candidate for member of the House
of Representatives in his legislative
district; and
2. For the party, organizations, or coalition
he wants represented in the House of
Representatives (Section 10, Party-List
System Act)

61
 FOUR PARAMETERS IN THE
PHILIPPINE PARTY LIST
(BANAT VS. COMELEC)
1. 20% allocation
2. A guaranteed seat for a party-list
organization garnering 2% of the total
votes cast
3. Proportional representation
4. Three-seat cap

62
 CANDIDACY
Who is a Candidate? "any person
aspiring for or seeking an
elective public office, who has
filed a Certificate of Candidacy
(COC) by himself or through an
accredited political party,
aggroupment, or coalition of
parties." (Section 79 (a) Omnibus
Election Code) 63
QUALIFICATIONS OF CANDIDATES
NATIONAL
PRESIDENT/ SENATOR
VICE-PRESIDENT
1) Natural-born citizen 1) Natural-born citizen
2) At least 40 years old on the 2) At least 35 years old on
day of the election the day of the election
3) Able to read and write 3) Able to read and write
4) Registered voter
4) Registered voter
5) Resident of the Philippines
for at least 10 years 5) Resident of the
immediately preceding the Philippines for not less
day of the election (Sec. 2 Art. than 2 years immediately
VII, Constitution) preceding the day of the
election (Sec. 2 Art. VI) 64
 LOCAL
DISTRICT REPRESENTATIVE

1) Natural-born citizen
2) Registered voter in the district in which he
shall be elected
3) Resident of the same district of not less than 1
year immediately preceding the day of election.
4) Able to read and write
5) At least 25 years old on the day of election
(Sec. 6, Art. VI)
65
 Governor/Vice-Governor Mayor/Vice-Mayor
Punong Barangay/ Sanggunian Members
1) Citizen of the Philippines
2) Registered voter in the Barangay, municipality, city or province, or, in
case of a member of the SG panlalawigan, panlungsod, or bayan, the
district where he intends to vote.
3) Resident therein for at least 1 year immediately preceding the
election;
4) Able to read and write Filipino or any other local language or dialect.
5) On election day, age must at least be :
a) 23 years - Governor, Vice-Governor, Member of the SG Panlalawigan,
Mayor, Vice-Mayor, Member of the SG Panlungsod of Highly Urbanized
Cities.
b) 21 years - Mayor or Vice-Mayor of ICC, CC, or municipalities
c) 18 years - member of the SG panlungsod, or SG bayan, or Punong
Barangay or member of the SG barangay but not more than 18 years -
SK (Sec. 39, R.A 7160)
66
 CASE:
FRIVALDO vs. COMELEC
(174 SCRA 245)
Qualifications prescribed by law
are continuing requirements and
must be possessed for the
duration of the officer's active
tenure. Once any of the required
qualification is lost, his title to the
office may be seasonable
challenged.
67
 DISQUALIFICATIONS
under the OEC
1) declared as insane or
incompetent by a competent
authority.
2) a permanent resident to or
immigrant to a foreign
country unless he waives such
status. 68
3) sentenced by a final judgment for any
of the following offenses:
a) subversion, insurrection, rebellion, or
b) offense for which he has been sentenced
to a penalty for more than 18 months.
c) crime involving moral turpitude. (i.e.
issuing of a bouncing checks without
sufficient funds, (Villaber vs.
COMELEC, Nov. 15, 2001, G.R.
148326).

69
 DISQUALIFICATIONS
under the LGC
1) sentenced by final judgment for an
offense punishable by 1 yr. or more of
imprisonment or within 2 yrs. after
service.
2) remove from office as a result of an
administrative case.

70
3) convicted by final judgment
for violating the oath of
allegiance to the Republic of
the Philippines.

4) those with dual citizenship.

71
5) fugitive from justice.

6) permanent residence in a
foreign country.

72
 EFFECTS OF FILING
CERTIFICATE OF CANDIDACY
1) appointive officials,
2) active members of the AFP, and
3) officers and employees of the
GOCC
- shall be ipso facto resigned
from his office upon the filing of
the COC.
73
Question:
Is it required that before he files
COC, he should resign first his
appointive office?

Answer:
That is not required.

74
 Elective official, whether
national or local - no longer
deemed resigned when he files
a COC for the same or other
elective office or position. (Sec.
14, Fair Election Act expressly
repealed Sec. 67 of BP 881.)

75
SUBSTITITION OF CANDIDATES
If after the last day for the filing of
COCs, an official candidate of a
registered accredited political parti
DIES, WITHDRAWS, or is
DISQUALIFIED for any cause, only a
person belonging to, and certified by,
the same political party may file a
COC to replace the candidate NOT
LATER THAN mid-day of the day of
election. 76
 No substitute shall be allowed for
an independent candidate.

A candidate whose COC has been

cancelled or not given due course
cannot be substituted by another
belonging to the same political
party.

77
Question:
Can there be a valid substitution
of candidates even on the day of
the election itself?
Answer:
Yes. only on death and
disqualification shall substitution
may take place upon the start of
the campaign period until mid -
day of the elections. 78
 If the death or disqualification
should occur between the day
before the election and mid-day of
election day, the substitute
candidate may file his COC with any
Board of Election Inspectors in the
political subdivision where he is a
candidate, provided that the
substitute and the substituted
candidate have the same surnames.
(Sec. 15, Res. No. 9518) 79
 MINISTERIAL DUTY OF COMELEC
TO RECEIVE CERTIFICATES
When a candidate files his COC, the COMELEC
has only a ministerial duty to receive and
acknowledge its receipt pursuant to Sec. 76 of the
OEC, (Luna vs. COMELEC April 24, 2007)
The receiving officer shall have the ministerial
duty to receive and acknowledge receipt of the
certificates of candidacy/nomination by registered
political parties or coalition of political parties on
or before the deadline for filing of certificates of
candidacy, provided said certificates are under
oath and contain all the required data in the form
prescribed by the commission. (Sec. 8 Comelec
Resolution 8678) 80
 Instances when COMELEC may
go beyond the face of
Certificate of Candidacy
1) Nuisance Candidate

2) Petition to deny due course or to

cancel a certificate of candidacy
3) Filing of a disqualification case on
any of the grounds enumerated in
Sec. 68, OEC

81
 NUISANCE CANDIDATES

COMELEC may motu propio

or upon a verified petition of
an interested party, refuse to
give due course to or cancel a
COC if it is shown that said
certificate was filed:
82
1) to put the election process in Mockery or
disrepute;
2) to cause Confusion among voters by
similarity of the names of registered
candidates;
3) by other circumstances or acts which
demonstrate that a candidate has no
bona fide intention to run for the
office for which the certificate of
candidacy has been filed, and thus prevent
a faithful determination of the true will of
the electorate.
83
PETITION TO DENY OR CANCEL
CERTIFICATES OF CANDIDACY
A verified petition seeking to
deny due course or to cancel a
COC may be filed by the person
exclusively on the ground that
any material representa-
tion contained therein as
required under Sec. 74, OEC is
false. (Sec. 78, OEC)
84
 CASE:
GONZALES VS. COMELEC AND BICHARA, 2011

There are two instances where a

petition questioning the
qualifications of a registered
candidate to run for the office for
which his COC was filed can be
raised under the Omnibus
Election Code, to wit:
85
1) Before Election, pursuant to
Section 78, OEC (material
representation contain in
the COC is false): and
2) After Election, pursuant to
Section 253, OEC (Petition
for quo warranto), viz:
86
Petition for quo warranto. Any
voter contesting the election of any
(Member of the Batasang
Pambansa,) regional, provincial, or
city officer on the ground of
ineligibility or of disloyalty to the
Republic of the Philippines shall file
a sworn petition for quo warranto
with the commission within 10 days
after the results of the election. (Sec.
253, OEC.)" 87
 Example of material representation
CASE:
LOONG vs. COMELEC, 216 SCRA 760,
(False age requirement)
Facts:
Candidates for Vice-Governor of the
ARMM. Election took place and
pending promulgation of the winning
candidate, a petition was filed seeking
to cancel the COC on the ground of
material representation (Loong was
under age). 88
Held:

Petition denied because it

was filed out of time. It
must be filed not later than
25 days from the filing of
the COC.
89
 CASE:
MITRA vs. COMELEC AND GONZALES, 2010
(Residency Requirement)

The critical issue is the

presence of deliberate
false material
representation to
deceive the electorate.
90
 The Maligaya Feedmill
building could not have been
Mitras residence because it is
cold and utterly devoid of any
indication of Mitras
personality and that it lacks
loving attention and details
inherent in every home to
make it ones residence.
91
 The Supreme Court found in the
present case that Mitra did not
deliberately misrepresent his
Aborlan residence to deceive or
mislead the Palawan electorate
since he in fact adduced positive
evidence of transfer of residence
which the private respondents
failed to sufficiently controvert.
92
 In this regard, the Supreme Court
noted with emphasis that Mitra
undertook incremental moves to
his new domicile in Aborlan as
evidenced by the following:
1) his expressed intent to transfer to a
residence outside Puerto Princesa City
to make him eligible for a provincial
position;
2) his preparatory moves starting in
2008;
93
3) the transfer of registration as
a voter in March 2009;

4) his initial transfer through a

leased dwelling at Maligaya
Feedmill;

94
5) the purchase of a lot for his
permanent home; and

6) the construction of a house

on the said lot which is
adjacent to the premises he
was leasing pending the
completion of his house.
95
EFFECTS OF DISQUALIFICATION

Any candidate who has been

declared by final judgment to
be disqualified shall not be
voted for, and the votes cast
for him shall not be counted.
(Sec.6, R.A. No. 6646)
96
 Nevertheless, if for any reason, a
candidate is not declared by final
judgment before an election to be
disqualified and he is voted for and
receives the winning number of votes in
such election, his violations of the
provisions of the preceding
sections shall not prevent his
proclamation and assumption to
office. (New)
97
 WITHDARAWAL OF COC
Any person who has filed a Certificate
of Candidacy may, at any time before
election day, file personally a
Statement of Withdrawal under oath.
No Statement of Withdrawal shall be
accepted if filed by a person other
than the candidate himself or if filed
by mail, electronic mail, telegram or
facsimile. (Sec. 14, Res. No. 9518) 98
 The filing of a withdrawal
of a COC shall not affect
whatever civil, criminal or
administrative liabilities a
candidate may have
incurred.
99
 A person who has
withdrawn his COC for a
position shall not be
eligible, whether as a
substitute candidate or
not, for any other position.
(Sec. 14, Res. No. 9518)
100
 In Monsale vs. Nico, (83
Phil, 758), the withdrawal
of the withdrawal for the
purpose of reviving the
COC, must be made
within the period
provided by law for filing
the COC. 101
 CAMPAIGN
PRE-MATURE CAMPAIGNING

Prohibition against pre-mature

campaigning - partisan political
activities are prohibited outside the
campaign period (Sec. 80, OEC).
However, the following political
activities are permitted outside the
campaign period.

102
1) Those performed for the purpose of
enhancing the chances of aspirants for
nomination for candidacy to a public
office by a political-party, aggroupment
or coalition of parties.
2) Public expressions or opinions or
discussions of probable issues in a
forthcoming election or on attributes of
or criticisms against probable
candidates proposed to be nominated in
a forthcoming political party convention
(Sec. 79, OEC) 103
 If
there is yet no candidate whose
interest it is to be promoted is
defeated, there is no restriction to
any election campaign or partisan
political activity. Accordingly,
engaging in partisan political
activity in favor of, or against, a
person who has not filed a
certificate of candidacy is not
prohibited. 104
A person who files a
certificate of candidacy is
not a candidate until the
start of the campaign
period. (Lanot vs.
COMELEC Nov. 16, 2006)

105
 In Penera vs. Comelec (Nov. 25,
2009) the Court ruled that under the law,
"candidate" has been defined as "any
person aspiring for or seeking an elective
public office, who has filed a certificate of
candidacy" and that "any person who
files a certificate of candidacy
within the period for filing shall
only be considered as a candidate
at the start of the campaign period
for which he filed his certificate of
candidacy". 106
It stressed that when "the
applicable provisions of R.A.
8436, as amended by R.A.
9369 are read together, these
provisions of law do not
consider Penera a candidate
for purposes other than the
printing of the ballots until the
start of the campaign period.
107
 This means that a candidate is
liable for an election offense only
for acts done during the campaign
period, not before. The law is
clear as daylight - any election
offense that may be committed by
a candidate under any election
law cannot be committed before
the start of the campaign period.
108
 The court further said that what the
law says is "any unlawful act or
omission applicable to a candidate
shall take effect only upon the start of
the campaign period. The plain
meaning of this provision is that he
effective date when partisan political
acts become unlawful as to a candidate
is when the campaign period starts.
Before the start of the campaign
period, the same partisan political acts
are lawful. 109
 CAMPAIGN PERIOD
Presidential and VP - 90 days
Senatorial, Congressional, Provincial
and City/Municipal - 45 days
Barangay - 15 days

N.B. Period of time within the election

period specified by law when
candidates can legally conduct election
activities.
110
 Prohibited Contributions
I. a) Public/Private Financial Institution
b) Natural/Juridical person operating public
utility
c) N/J person hold contracts to supply the
government
d) N/J person who was granted franchise
e) N/J person granted loan by government
P100,000.00
f) Education Institution revive public funds
g) Employees/Officials Civil Service/Armed
Forces
II. Foreign Nationals
III. Fund Raising (Lotteries, dances, contest,
cockfights) 111
 SOLICITING OR RECEIVING
CONTRIBUTIONS FROM FOREIGN SOURCES
(SEC. 96, OEC)
It shall be unlawful for any person,
including a political party or public or
private entity to solicit or receive,
directly or indirectly, any aid or
contribution of whatever form or
nature from any foreign, national,
government or entity for the purposes
of influencing the results of the
election. 112
PROHIBITED RAISING OF FUNDS
(Sec. 97, OEC)
It shall be unlawful for any person to hold dances, lotteries,
cockfights, games, boxing bouts, bingo, beauty contests,
entertainments, or cinematographic, theatrical or other
performances for the purpose of raising funds for an election
campaign or for the support of any candidate from the
commencement of the election period up to and including
election day; or for any person or organization, whether civic
or religious, directly or indirectly, to solicit and/or accept from
any candidate for public office, or from his campaign
manager, agent or representative, or any person acting in their
behalf, any gift, food, transportation, contribution or donation
in cash or in kind from the commencement of the election
period up to and including election day; Provided, That
normal and customary religious stipends, tithes, or collections
on Sundays and/or other designated collection days, are
excluded from this prohibition. 113
 Fair Election Act of 2001
(R.A. No. 9006)
Lawful Election Propaganda
1) Written/printed materials (8 1/2 inches x 14
inches)
2) Handwritten/printed letters
3) Posters not exceeding 2 x 3 feet
4) Print ads (1/4 page in broadsheets, and 1/2 page
for tabloid, published thrice a week)
5) Broadcast ads on TV and Radio
a) National position - 120 minutes for TV, 180
minutes for radio
b) Local position - 60 minutes for TV and 90 minutes
for radio
114
Published or Printed
Election Propaganda

Paid for by

Printed by

115
 Prohibited Form of
Election Propaganda
Is this provision a violation of the
freedom of expression under the
constitution?

No. The prohibition against certain

forms of election propaganda was
upheld as a valid exercise of the
police power.
116
 Limitations on Expenses/
Lawful Expenditures
I. for candidates

President and Vice-President - P10/voter

Other candidate, if with party - P3/voter
Other candidate, if without party -
P5/voter
II. for political parties

P5.00 - every voter currently registered in

the constituency or constituencies where
it has official candidates.
117
 Statement of Contribution and
Expenses
Every candidate and treasurer of a
political party shall, within 30 days
after any election, file true and
itemized statement of all
contributions.
Non-compliance will lead to
consequences.
118
 Board of Election Inspectors

They are frontline election

officers. They perform such duties
and discharge such responsibilities
that make them, in the real sense,
foot soldiers who see to it that
elections are free, honest and
orderly. (Sumulong vs. COMELEC,
70 Phil. 703)
119
 R.A. 8436 An act authorizing the
COMELEC to use Automated Election
System (AES), amended some
provisions of BP 881.
Section 164 (B.P. 881)
Composition: A Chairman and two
(2) members; one will be designated
as the poll clerk. = All shall be public
school teachers. At least 1 shall be an
information technology capable
person certified by the DOST
120
 CANVASSING PROCEDURE
IN GENERAL (R.A. 9369)
1) For Senators and Party-List Representatives
The National Board of Canvassers for
Senators and Party-list Representatives
shall be the Chairmen and the members of
the COMELEC sitting en banc. It shall
canvass the results by consolidating the
certificates of canvass electronically
transmitted. Thereafter, the national board
shall proclaim the winning candidates for
senators, and party-list representatives.
(Sec. 22, RA 9369) 121
2) For President and Vice-President
a) Transmission of Returns - The National
Board of Canvassers for President and
Vice-President is the Congress. The
Certificate of canvass for President and
Vice-President duly certified by the board
of canvassers of each province or city shall
be electronically transmitted to the
Congress, directed to the President of the
Senate.

122
b) Opening of Certificates of
Canvass - Upon receipt of the
certificates of canvass, the
President of the Senate shall, not
later than thirty (30) days after
the day of the election, open all
the certificates in the presence of
the Senate and the House of
Representatives in joint public
session.
123
c) Canvass of the votes by
Congress - upon determination of
the authenticity and the due
execution of the COC's in the
manner provided by law, the
Congress shall canvass all the
results for president and vice-
president.
124
d) Proclamation - the person having
the highest number of votes shall be
proclaimed elected. (Sec. 28, RA
9369)
e) In case of tie - In case two or more
shall have an equal and highest
number of votes, one of them shall
forthwith be chosen by a vote of a
majority of all the members of
Congress.
125
f) Congress and the Commission en
banc shall determine the
authenticity and due execution of
the certificate of canvass for
president and vice-president and
senators, respectively as
accomplished and transmitted by
the local board of canvassers.
(Sec. 37 RA 9369)
126
 WATCHERS
Who are entitled to watchers?
1) Every registered political party, coalition of
the political parties and every independent
candidate shall each be entitled to 1
WATCHER in every polling place and
canvassing center.
2) Candidates of Sanguniang Panlalawigan,
Panglungsod or Bayan belonging to the
same ticket shall collectively be entitled
only to 1 WATCHER . (Sec. 26, R.A. No.
7166) 127
 Rights and Duties of Watchers
1) To stay in the space reserved
for them inside the polling
place;
2) Witness and inform themselves
of the proceedings of the BEI;
3) Take notes and photographs of
the proceedings;
128
4) To file protest against any
irregularity or violation of law;
5) To be furnished with the
Certificate of Number of Votes
cast for each candidate;
6) To read the ballots after they
shall have been read by the
Chairman of the BEI.
(Sec. 179, OEC)
129
 Qualifications of Watchers
1) Qualified voter of the City and Municipality;
2) Good reputation;
3) Shall not have been convicted by any final
judgment of any election offense or of any
other crime;
4) Know how to read and write Filipino,
English, Spanish or any of the prevailing
local dialects;
5) Not related within the 4th civil degree of
consanguinity or affinity to the
parties/candidates etc.; (Sec. 178, OEC)
130
REMEDIES AND JURISDICTION
IN ELECTION LAW
Petition not to give due course to
certificate of candicacy
A verified petition seeking to deny due course to
a certificate of candicacy may be filed by any
person exclusively on the ground that any
material misrepresentation contained therein is
false. The petition may be filed not later than 25
days from the time of filing of the certificate of
candidacy and shall be decided after due notice
and hearing not later than 15 days before the
election. (Sec. 78, OEC)
131
 The commission may motu
proprio or upon a verified
petition of an interested party,
refuse to give dues course to or
cancel a certificate of candidacy
if the following situations are
extent:
1) If it is shown that said certificate has
been filed to put the election process
in mockery or disrepute.
132
2) If said certificate was filed to cause
confusion among the voters by the
similarity of the name of the registered
candidate.
3) If there are other circumstances or acts
which clearly demonstrate that the
candidate has no bona fide intention to
run for the office for which the COC has
been filed and thus prevent a faithful
determination of the true will of the
electorate. (Coquilla vs COMELEC July 31,
2002)
133
 PETITION TO DECLARE
FAILURE OF ELECTIONS
Instances where failure of election may be
declared:
1) The election in any polling place has not been
held on the date fixed in account of force
majeure, violence, terrorism, fraud, or other,
analogous causes.
2) The election in any polling place had been
suspended before the hour fixed by law for the
closing of the voting on account of force
majeure, violence, terrorism, fraud or other
analogous causes.
134
3) After the voting and during the
preparation and transmission of the
election returns or in the custody or
canvass thereof such election results
in a failure to elect on account of
force majeure, violence, terrorism,
fraud or other analogous causes.
(Joseph Peter Sison vs. COMELEC
March 3, 1999)
135
 REQUISITES OF FAILURE OF
ELECTIONS
1) No voting took place in the precinct or
precincts on the date fixed by law, or even
if there was voting, the election resulted
in failure to elect.
2) The votes not cast would have affected the
results of the election.
3) The cause of such failure of election
should have been force majeure, violence,
terrorism, fraud or other analogous
causes. 136
 The COMELEC en banc has
the original and exclusive
jurisdiction to hear and
decide petitions for
declaration of failure of
election or for annulment of
election results (Sec. 4 R.A.
7166)
137
 PRE-PROCLAMATION
CONTROVERSY
Grounds :

a) Any questions pertaining to or

affecting proceedings in the BOC.
(NOTE : Proceedings before the BEI
is not included)

138
b) Matters raised under :

1) 233 - Election returns are delayed, lost or

destroyed.
2) 234 Material defects in the election of returns
= omission of the name and/or votes of a
candidate.
3) 235 ER appears to be tampered or falsified.
4) 236 Discrepancies in the election returns.

In relation to the preparation, transmission,

receipt, custody and appreciation of election
returns.
139
 NATURE OF
PRE-PROCLAMATION
CONTROVERSY
Summary in nature consistent with the
laws desire that the canvass and
proclamation be delayed as little as
possible.
That is why such question as those
involving appreciation of ballots, conducts
of the campaign and balloting, which
require more deliberate and necessary
longer consideration, are left for
examination in the Election Protest. 140
 COMMISSIONS EXCLUSIVE
JURISDICTION OF ALL PRE-PROC. CONT.
(SECTION 242, OEC)

(Modified by Section 15 of
RA 7166) No Pre-
Proclamation in election of
National officials.

141
 Pre-proc. Cont. not allowed in
election for :
1) President
2) Vice-President
3) Senator
4) Members of the House of
Representatives
142
 The COMELEC has exclusive
jurisdiction of all pre
proclamation controversies.
Its decision becomes executory
after the lapse of 5 days from
receipt by the losing party of
the decision unless restrained
by SC.
143
 ISSUES THAT MAY BE RAISED IN PRE-
PROCLAMATION CONTROVERSY
(SECTION 243, OEC)
1) Illegal composition or proceedings of the
BOC
a) BOC not constituted in accordance with, is
not composed of those enumerated by law;
b) Transacted business without a quorum;

c) Transacted business without business

without due notice to the members.
EFFECTS:
Acts of the BOC is illegal and null and void.
144
2) Grounds under 233, 234, 235, 236
234 Material defects in the returns
some requisite of forms or date has
been omitted.
Ex. Names and/or corresponding
votes of a candidate.
3) ER prepared under duress, threats,
coercion, intimidation, obviously
manufactured or not authentic.

145
 Obviously manufactured returns

1) Where no elections at all were

held;
2) Where the BOC stated that
they never served and did not
participate in the election;
3) Where returns show great
excess of votes that could have
been legally cast. 146
 ELECTION CONTEST
Nature - special summary
proceedings the object of which is to
expedite the settlement of controversies
between candidates as to who received
the majority of the legal votes.
Purpose - to ascertain the true will of
the people and due elected officers, and
this could be achieved by throwing wide
open the appeal before the court.
147
 SECTION 249. JURISDICTION OF THE
COMMISSION (Amended by Sec. 17, Art.
VI Constitution)
ORIGINAL AND EXCLUSIVE

a) President/Vice President - SC

b) Senator Senate Electoral Tribunal

c) Congressman-HR

d) Regional/Province/City - COMELEC

e) Municipal - RTC

f) Barangay - MTC

N.B. - Presumption that the above elective

officials has been proclaim. 148
 POST ELECTION DISPUTE
(After Proclamation)
a) ELECTION PROTEST
b) QUO WARRANTO
ISSUES:
1) Casting and Counting of votes
2) Qualification
3) Return
4) Eligibility, disloyalty of winning candidate
5) Fraud
6) Terrorism
7) Irregularities/illegal acts
Committed before, during or after casting and counting
votes. 149
 ELECTION PROTEST
Grounds
1) Fraud

2) Terrorism

3) Irregularities or Illegal acts committed before,

during or after the casting and counting of
votes
Time to file:
Within ten days from proclamation
Who may file:
may be file by any candidate who has filed a
COC. 150
 QUO WARRANTO
Grounds
1) Ineligibility

2) Disloyalty to the Republic

Time to file:
Within ten days from
proclamation.
Who may file:
by any registered voter 151
 N.B. Election Protest and Quo
Warranto may not be availed of
jointly and in the same proceedings.
They can be separately filed with the
second and the later case suspended
until the earlier one is resolved.
An action for quo warranto cannot
be converted into an election protest.
(Asunsion vs. Legarda 129 SCRA
729) 152
 N.B. -The death of the
protestant does not
extinguished an election
protest (De Castro vs.
COMELEC 267 SCRA
806)
153
 DISTINCTION BETWEEN
QUO WARRANTO IN
ELECTIVE/APPOINTIVE OFFICE.
I. ELECTIVE OFFICE
The issue is eligibility of the officer
elect. The court or tribunal cannot
declare the protestant as having been
elected.
II. APPOINTIVE OFFICE
The issue is the legality of the
appointment the court determines who
of the parties has legal title to the office.
154
 Prohibited Acts
SECTION 261
1) Vote-buying and Vote-selling
2) Conspiracy to bribe voters
3) Wagering upon results of the
election
4) Coercion of subordinates
5) Threats, intimidation, terrorism,
use of fraudulent device, or other
forms of coercion 155
6) Coercion of election officials and employees
7) Appointment of new employees, creation of
new position, promotion or giving salary
increases.
a) Applies only to appointment covered by
the civil service law and not those covered
by special law like local Government Code.
8) Transfer of officers and employees in the
civil service
9) Intervention of public officers and employees

10) Undue influence

156
11) Unlawful Electioneering
12) Prohibition against dismissal of
employees, laborers, or tenants
13) Appointment of special use of policemen,
special agents, confidential agents or the
like.
14) Illegal release of prisoners before and after
election.
15) Use of public funds, money deposited in
trust, equipment, facilities owned and
controlled by the government for an
election campaign.
157
16) Deadly weapons within 100 meters
17) Carrying firearms outside residence
or place of business
18) Use of armored land, water or air
craft
19) Wearing of uniforms and bearing
arms
20) Policemen and provincial guards
acting as bodyguards and security
guards
158
 N.B.: Good faith is not
a defense. Election
offenses are generally
mala prohibita.
Proof of criminal
intent is not necessary.
159
 INVESTIGATION AND
PROSECUTION
The COMELEC has exclusive jurisdiction to
investigate and prosecute cases involving
violation of election laws (Article IX-C Sec,
2(6)
But it may validly delegate the power to the
Provincial Prosecutor (Reso. No. 1862,
March 2, 1987)
See 43 RA 9369

Conduct preliminary investigation

Prosecute the same 160

 JURISDICTION
Article 268
RTC Exclusive original
jurisdiction violation of
election law,
MTC Offense relating to
failure to register or vote.
PRESCRIPTION -5 years from
date of commission. 161
 PRESCRIPTIVE PERIOD FOR
ELECTION OFFENSES

Five (5) years from the

date of its commission.

162
 New Pertinent COMELEC
Resolutions
IN THE MATTER OF THE MEMBERS OF
THE BOARD OF ELECTION INSPECTORS
(BEIs) WHOSE REGISTRATION RECORDS
WERE INADVERTENTLY DEACTIVATED
This activates the registration records of public
school teachers who were duly appointed to serve as
Board of Election Inspectors (BEIs) but whose
registration records were deactivated in connection
with the May 13, 2013 National and Local Elections.

163
 IN THE MATTER OF DEFINING THE
CHAIN OF CUSTODY AND
RESPONSIBILITY OVER THE AES
MACHINES AND THE SECURITY
ASSISTANCE TO BE PROVIDED BY
THE PNP AND THE AFP in the:
Deployment and retrieval of AES machines and
accessories;
Delivery and retrieval of official ballots, ballot boxes,
election documents and other paraphernalia;
Final testing and sealing of PCOS machines; and
Voting and canvassing centers, in connection with the May
13, 2013 synchronized national and local elections
164
THANK YOU!

165