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ELECTION LAW
GENERAL PRINCIPLES
Sources of Philippine election law
(3) Referendum
Referendum is the power of the electorate to approve or reject
legislation through an election called for the purpose. (Sec. 2c, R.A. 6735)
It may be of 2 classes, namely:
(a)
Referendum on statutes, which refers to a petition to approve or
reject an act or law, or part thereof, passed by Congress; and
(b)
Referendum on local law which refers to a petition to approve or
reject a law, resolution or ordinance enacted by regional
assemblies and local legislative bodies
The election laws of the Philippines are contained in the
following:
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1987 Constitution
BP 881 (Omnibus Election Code)
RA 6646 (Electoral Reforms Law of 1987)
RA 6679 (Barangay Elections)
RA 6735 (Law Providing for Initiative and Referendum)
RA 7166 (1991 Synchronized Elections Law)
RA 7941 (Election of Party-List Representatives)
RA 8189 (Continuing Registration)
RA 8436 (Automated Election System)
RA 8524
RA 9006 (Fair Election Act of 2001)
(4) Initiative
Initiative is the power of the people to propose amendments to the
Constitution or to propose and enact legislation through an election
called for the purpose. (Sec. 2a, R.A. 6735) There are 3 systems of
initiative, namely:
THEORY OF POPULAR SOVEREIGNTY
Art. II, Sec. 1 1987 Constitution:
The Philippines is a democratic and republican state.
Sovereignty resides in the people and all government
authority emanates from them.
Suffrage is the right and obligation of qualified citizens to vote:
(1) in the election of certain national and local officials, and
(2) in the decision of public questions submitted to the people.
It is a political right which enables every citizen to participate in
the process of government to assure that it derives it powers from the
consent of the governed. It operates on the principle of "one man (or one
woman), one vote."
Suffrage is not a natural right but a privilege which may be given
or withheld by the lawmaking power subject to constitutional limitations. It
is not necessarily an accompaniment of citizenship; it is granted only upon
the fulfillment of certain minimum conditions.
Scope of suffrage
Suffrage encompasses the following:
(1) Election
Election is the means by which the people choose their officials for
definite periods and to whom they entrust, for the time being as their
representatives, the exercise of powers of government. It involves the
choice of candidates to public office by popular vote.
a. Regular election – refers to an election participated in by those who
possess the right of suffrage and not
disqualified by law and who are registered
voters
b. Special election – when there is failure of election on the scheduled date
of regular election in a particular place or which
is conducted to fill up certain vacancies, as
provided by law (ex. To fill in vacancy in office
before the expiration of the term for which
incumbent was elected)
(2) Plebiscite
Plebiscite is the submission of constitutional amendments or important
legislative measures to the people for ratification.
Initiative on the Constitution which refers to a petition
proposing amendments to the Constitution;
(b)
Initiative on statutes, which refers to a petition proposing
to enact a national legislation;
(c)
Initiative on local legislation which refers to a petition
proposing to enact a regional, provincial, city, municipal
or barangay law, resolution or ordinance
Note that in the case of Santiago v. COMELEC, the Supreme
Court held that there is no law yet that is sufficient enough for
proposing amendments to the Constitution. R.A. 6735 was
deemed sufficient for statutory amendments but not
Constitutional amendments.
A democratic and republican government derives all its powers,
directly or indirectly, from the people at large. Its essence is indirect rule.
Actual sovereignty is exercised by the people by means of suffrage.
Suffrage defined
(a)
(5) Recall
Recall is the termination of official relationship of a local elective official
for loss of confidence prior to the expiration of his term through the will
of the electorate.
Who can exercise
Under Art. V, Sec. 1 of the 1987 Constitution, the right of
suffrage may be exercised by all citizens of the Philippines who are:
(1)
(2)
(3)
not otherwise disqualified by law,
at least 18 years of age, and
have resided in the Philippines for at least 1 year, and in
the place wherein they propose to vote for at least 6
months immediately preceding the election.
The same provision provides that no literacy, property or other
substantive requirement shall be imposed on the exercise of suffrage, and
that Congress may not add or alter the qualifications of voters under Art. V,
Sec. 1 of the 1987 Constitution. This specification is an implied prohibition
against interference on the part of Congress in the right of suffrage.
Congress, however, to a limited extent can regulate the right of
suffrage by:
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Defining the qualifications of voters
Regulating elections
Prescribing the form of official ballot
Providing for the manner of choosing candidates and
the names to be printed on the ballot
Regulating the manner of conducting elections
Suppressing whatever evils incident to the election of
public officers, pursuant to its duty to secure the
secrecy and sanctity of the ballots under Art. V, Sec. 2
of the 1987 Constitution.
What are the substantive requirements for the exercise of suffrage?
The only substantive requirements to exercise the right to vote are:
(CARA)
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(1)
(2)
(3)
(4)
Citizenship
Age
Residency
Absence of disqualifications
(2) a bona fide intention of abandoning the former place of residence
and establishing a new one; and, (3) acts which correspond with the
purpose.
Aquino v. COMELEC (248 SCRA 400)
Filipino citizenship
This may be by birth or naturalization.
Age
Must be at least 18 at the time of the election.
Residence
For the purposes of election law, residence is synonymous with
domicile. Art. 50 of the Civil Code provides that “for the existence of civil
rights and the fulfillment of civil obligations, the domicile of natural persons
is the place of their habitual residence.” Domicile includes the twin
elements of “the fact of residing or physical presence in a fixed place” and
animus manendi, or the intention of returning there permanently.
(Romualdez-Marcos v. COMELEC)
Every person is deemed to have his domicile somewhere, and
when it has been acquired, it will be deemed to continue until a new one
has been acquired. Temporary absences although frequent or long
continued, will not, while the person has a continuous intention to return,
deprive him of his domicile and right to vote.
Any person who temporarily resides in another city, municipality
or country solely by reason of his occupation, profession, employment in
private or public service, educational activities, work in the military or naval
reservations within the Philippines, service in the AFP, the PNP, or
confinement or detention in government institutions in accordance with law,
shall not be deemed to have lost his original residence. (Sec. 9, R.A.
8189)
The place where a party actually or constructively has his
permanent home, where he, no matter where he may be found at nay
given time, eventually intends to return and remain, i.e., his domicile,
is that to which the Constitution refers when it speaks of residence for
the purpose of election law. The purpose is to exclude strangers or
newcomers unfamiliar with the conditions and needs of the community
from taking advantage of favorable circumstances existing in that
community for electoral gain.
Disqualifications
(1)
Persons sentenced by final judgment to suffer imprisonment
for not less than one (1) year. (Note: he / she shall
automatically re-acquire the right to vote upon the expiration
of 5 years after the service of sentence.)
(2)
Persons adjudged by final judgment of having committed any
crime involving disloyalty to the duly constituted government
(e.g. rebellion, sedition, violation of the firearms law) or any
crime against national security. (Note: he / she shall
automatically re-acquire the right to vote upon the expiration
of 5 years after the service of sentence.)
(3)
Insane or incompetent persons as declared by competent
authority.
THE COMELEC
Purpose
It is not necessary that a person should have a house in order to
establish his residence or domicile in a municipality. It is enough that he
should live there, provided that his stay is accompanied by his intention to
reside therein permanently.
Literacy requirements
The Constitution imposes no literacy requirements; hence
illiterates have the right to vote.
Property requirements
Neither does the Constitution impose any property requirement
since property ownership is not a test of individual capacity. A property
requirement is not only inconsistent with the concept of a republican
government, but with the social justice principle of equal opportunity as
well.
Formal education
Formal education is no guarantee for good citizenship or
intelligent voting.
The purpose of the COMELEC is to protect the sanctity of the
ballot and to ensure the free and honest express of the popular will.
To achieve this, the COMELEC was created as an independent
administrative tribunal, co-equal with the other departments with respect to
the powers vested in it, and not under any of the branches of Government.
The intention is to place it outside the influence of political parties and the
control of the legislative, executive, and judicial organs of the government.
To preserve the independence of the COMELEC, appointments
or designations in temporary or acting capacities are not allowed.
Composition
Composition:
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chairman
6 commissioners
Qualifications:
There is no adequate or justifiable basis for depriving women of
equal voting rights.
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Taxpaying Ability
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Sex
This is related to property requirement.
Romualdez-Marcos v. COMELEC (248 SCRA 300)
It is the fact of residence, not a statement in the certificate
of candidacy which ought to be decisive in determining whether or not
an individual has satisfied the Constitution’s residency qualification
requirement.
To successfully effect a change of domicile, one must
demonstrate: (1) an actual removal or an actual change of domicile;
Natural born citizens
At least 35 years old
Holders of a college degree
Must not have been candidates for any elective
position in the immediately preceding elections
Majority of the members, including the chairman,
should be members of the Bar who have been
engaged in the practice of law for at least 10 years.
The chairman and the commissioners are to be appointed by the
President with the consent of the Commission on Appointments.
The Commissioners serve for 7 years without reappointment,
under staggered terms of 2 years interval: of 3 commissioners first
appointed, 3 shall hold office for 7 years, 2 for 5 years, and the rest for 3
years.
The staggering of terms makes the COMELEC a continuing and
self-perpetuating body, and consequently its members would have the
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benefit of the experience and expertise of the older members in the
performance of its functions.
contract with COMELEC for supplies, or a person
fails to follow the procedure for the distribution of
ballot boxes).
The COMELEC Commissioners are subject to the same disabilities
imposed on the President and the Vice-President, including the prohibition
against holding any other office or engaging in any other profession or
business.
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Powers and functions
The powers and functions of the COMELEC may be classified as
follows:
Of certiorari, prohibition and mandamus (Note:
but only in exercise of its appellate jurisdiction;
Relampagos v. Cumba, )
(3) Decide all questions affecting elections (Art. IX-C, Sec. 2 (3),
1987 Constitution)
(1) Enforcement and administration of election laws and
The power of the COMELEC to decide all questions
affecting elections pertains to the following:
regulations (Art. IX-C, Sec. 2 (1), 1987 Constitution)
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(1) determination of the number and location of
polling places
(2) appointment of election officials and inspectors
(3) registration of voters
Promulgation of rules and regulations (Art. IX-C, Sec.
6; BP 881, Sec. 52b)
Fixing of election period (which shall commence 90
days before the election and end 30 days thereafter,
unless otherwise fixed by the COMELEC in special
cases; Art. IX-C, Sec. 6, 1987 Constitution)
Fixing of other reasonable periods for certain preelection requirements (BP 881, Sec. 52m)
However, the COMELEC has NO jurisdiction over
questions involving the right to vote (i.e. disqualifications of
voters, right of a person to be registered, etc.), as these rest
within the exclusive original jurisdiction of the MTC,
appealable to the RTC.
(4) Deputize,
with the concurrence of the President, law
enforcement agencies and instrumentalities of the
Government for the exclusive purpose of ensuring free,
orderly, honest, peaceful and credible elections (Art. IX-C,
Sec. 2(4), 1987 Constitution)
Declaration of failure or postponement of elections,
as well as call for special elections (Sec. 4, RA 7166)
Prescribe forms, as well as use or adoption of latest
technological and electronic devices (BP 881, Sec.
52 g, i)
Annulment or cancellation of illegal registry lists of
voters and ordering the preparation of a new one;
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To issue warrants of arrest;
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Cancellation of the canvass of election returns and
annulment of a proclamation based on incomplete
results. (Note, however, that the COMELEC does
not have the power to annul an election which may
not have been free, orderly, and honest as such
power is merely preventive and not curative.)
Quasi-judicial powers
The COMELEC has exclusive original jurisdiction
over all contests relating to the election, returns and
qualifications of all elective, regional, provincial and
city officials.
The
COMELEC
has
exclusive
appellate
jurisdiction over all contests involving municipal
officials decided by the RTC, or involving elective
barangay officials decided by the MTC. In these
cases, the decisions therein shall be final, executory
and unappealable. (Art. IX-C, Sec. 2 (2), 1987
Constitution)
To issue subpoena;
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To take testimony;
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Of contempt (Note,
however,
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the
COMELEC's power to punish for contempt may
be exercised ONLY in the exercise of its quasijudicial functions. The COMELEC has no power
to hold a person in contempt in the exercise of its
administrative functions (e.g. reporter criticizes a
The COMELEC may deputize any member or members
of the AFP, NBI, PNP or any similar agency or
instrumentality of the government (except civilian home
defense forces) during the period of the campaign and
ending 30 days thereafter, when in any area of the
country there are persons committing acts of terrorism to
influence people to vote for or against any candidate or
political party. (Sec. 52b, BP 881)
(5) Register
political parties, etc. (Art. IX-C, Sec. 2 (5), 1987
Constitution)
(6) Accredit
citizens' arms (Art. IX-C, Sec. 2 (5), 1987
Constitution)
(7) Investigation
and prosecution of cases of violation of
election laws (Art. IX-C, Sec. 2 (5), 1987 Constitution)
The COMELEC has the power of a public prosecutor with
the exclusive authority to conduct the preliminary
investigation and the prosecution of election offenses
punishable under the election law.
Pursuant to its quasi-judicial powers, the COMELEC
has the power:
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CMT cadets 18 yrs. of age and above may be authorized
to act as the COMELEC's deputies for the purpose of
enforcing its orders (Sec. 52a, BP 881)
The power may be exercised upon complaint or motu
propio.
The Ombudsman has NO jurisdiction to prosecute election
offenses. He may do so only if he is deputized by the
COMELEC.
(8) Filing
of petitions in court for inclusion or exclusion of
voters (Art. IX-C, Sec. 2 (6), 1987 Constitution)
(9)
Recommendatory:
(a)
to Congress
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The COMELEC may sit en banc or in 2 divisions.
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effective measures to minimize election spending,
including limitation of places where propaganda
materials shall be posted, and to prevent and
penalize all forms of election frauds, offenses,
malpractices, and nuisance candidates. (Art. IXC, Sec. 2 (7),1987 Constitution)
(b) to the President
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for removal of any officer or employee it has
deputized (Sec. 52a, BP 881);
for imposition of disciplinary action for violation or
disregard of, or disobedience to its directive,
order, or decision (Art. IX-C, Sec. 2 (8), 1987
Constitution);
for pardon, amnesty, parole, suspension of
sentence for violation of election laws, rules and
regulations (Art. IX-C, Sec. 5 1987 Constitution;
This is to prevent the possibility of the President
granting executive clemency for political
reasons.)
(10) Supervision / Regulation, for the duration of the election
period, of use of all franchises or permits for operation of:
• transportation and other public utilities;
• media of communication or information;
• all
grants, special privileges, or concessions granted by the
Government or any instrumentality thereof (Art. IX-C, Sec. 4,
1987 Constitution)
The purpose of supervision and regulation is to
guarantee or ensure equal opportunity for public service
and the equitable right to reply, for public information
campaigns and fora among candidates, and assure free,
orderly, honest, peaceful and credible elections. (Sec. 2,
R.A. 9006)
No franchise or permit to operate a radio or television
station shall be granted or issued, suspended or
cancelled during the election period. (Sec. 6.4, R.A.
9006)
COMELEC is mandated under Sec. 7 of R.A. 9006 to
exercise affirmative action in procuring print space upon
payment of just compensation from at least 3 national
circulation, and free airtime from at least 3 national TV
networks and 3 national radio networks, all of which are
to be allocated free of charge equally and impartially
among all the candidates for national office on 3 different
calendar days.
As a general rule, election cases shall be heard and decided in
division.
Decisions that must be rendered by the COMELEC en banc
include:
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Decisions on motions for reconsideration (Art.
IX-C, Sec. 3, 1987 Constitution);
Petitions for correction of manifest errors in the
Statement of Votes (Sec. 5, Rule 27 of the
1993 Rules of the COMELEC);
Questions pertaining to proceedings of the
Board of Canvassers (Mastura v. COMELEC,
285 SCRA 493)
Postponement of election (Sec. 4, R.A. 7166)
Declaration of failure of election (Sec. 4, R.A.
7166)
Calling of special elections (Sec. 4, R.A. 7166)
Time Period and Votes Required
The COMELEC shall decide by a majority vote of all its members any
case or matter brought before it within 60 days from the date of its
submission for decision or resolution. (Art. IX-A, Sec. 7 1987 Constitution)
Judicial Review
Unless otherwise provided by the Constitution or by law, any
decision, order or ruling of each Commission may be brought to the
Supreme Court on certiorari by the aggrieved party within 30 days from
receipt of a copy thereof. (Art. IX-A, Sec. 7, 1987 Constitution)
What is contemplated in this provision are decisions, orders or
resolutions rendered by the COMELEC in the exercise of its adjudicatory or
quasi-judicial powers not those which are mere incidents of its inherent
administrative functions over the conduct of elections. Questions arising
from the latter may be taken in an ordinary civil action before the RTC.
By certiorari, a party raises questions of law in the Supreme
Court. Findings of fact made by the COMELEC are conclusive upon the
Supreme Court.
The Supreme Court has no power of supervision over the
COMELEC except to review its decisions on petitions by certiorari. The
certiorari jurisdiction of the Supreme Court is confined to instances of grave
abuse of discretion amounting to patent and substantial denial of due
process committed by it in the exercise of its quasi-judicial powers.
ELECTIONS IN GENERAL
Kinds of elections
General election
Quasi-Judicial Powers
Jurisdiction
It is one provided for by law for the election to offices throughout
the State or a certain subdivision thereof, after the expiration of the full
term of former officers.
The COMELEC has exclusive original jurisdiction over all
contests relating to the election, returns and qualifications of all elective,
regional, provincial and city officials.
Special election
The COMELEC has exclusive appellate jurisdiction over all
contests involving municipal officials decided by the RTC, or involving
elective barangay officials decided by the MTC. In these cases, the
decisions therein shall be final, executory and unappealable. (Art. IX-C,
Sec. 2 (2), 1987 Constitution)
It is an election held to fill a vacancy in an office before the
expiration of the full term for which the incumbent was elected, or an
election at which some issue or proposition is submitted to the vote of the
qualified electors.
Rendition of Decision
Composition; En Banc and Division Cases
It is one provided for by law under special circumstances.
Date of Election Under the Law
In accordance with the Constitutional policy to synchronize
elections, there is a simultaneous conduct of elections for national and
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local officials once every 3 years. Under R.A. 7166, elections shall be held
on the 2nd Monday of May.
The President and Vice-President are elected on the same day
every 6 years.
Senators, Elective Members of the House of Representatives,
and Elective Provincial, City and Municipal Officials are elected on the
same day every 3 years, except with respect to the Senators, only 12 of
whom shall be elected every 3 years.
Barangay Elections are held on the same day, and every 5 years
thereafter, the term for elective barangay officials having been extended
from 3 years to 5 years. (R.A. 7160, Sec. 43 (c) as amended by R.A.
8524)
Time and Place for Holding Elections
The time must be fixed by the authoritative power (i.e. the
Constitution; laws in the case of regular elections; the executive or other
designated power in the case of special elections). The place for holding
elections shall be fixed by general law or by a proclamation or by the notice
by which the election is called. Such designated place shall be mandatory.
In case of emergencies which necessitate the changing of a
polling place, adequate general notice must be given.
Manner of Holding Elections
While the manner of holding elections must be regulated, it is
obvious that the manner prescribed is intended simply to secure the correct
result. Manner and form should not be allowed to defeat the undoubted will
of the people clearly expressed. (C.J. Simpson)
Regulations prescribed are merely directory, and a failure to
observe them fully will not invalidate the election, where an election has
been held in good faith and irregularities do not affect the result.
Where a special election is provided for, but no method of
holding it is declared, it will be sufficient if it is held in the manner
prescribed for the holding of general elections.
Polling Places
Polling place, defined
POLLING PLACE:
Building or place where the Board of
Election Inspectors conducts its proceedings and where the
voters cast their votes (Sec. 152, BP 881)
Designation of polling places
The COMELEC may introduce changes in the location of polling
places when necessary after notice to the registered political parties and
candidates affected if any, and hearing. No location shall be changed
within 45 days before a regular election and 30 days before a special
election, referendum or plebiscite except when it is destroyed or it cannot
be used. (Sec. 153, BP 881)
Arrangements and Contents of Polling Places
Each polling place shall have at least 10 voting booths of such
size, specifications and materials as the COMELEC may provide to enable
the voters to fill out their ballots secretly. (Sec. 158, BP 881) The polling
place shall be so arranged that the booths, the table, the ballot boxes and
the whole polling place, except what is being written within the booths,
shall be in plain view of the board of election inspectors, the watchers and
other persons who may be within the polling place. (Sec. 159 (d), BP 881)
The COMELEC shall post inside each voting booth and
elsewhere in the polling place on the day before the election, referendum,
or plebiscite and during the voting period a list containing the names of all
candidates or the issues or questions to be voted for. (Sec. 158; BP 881)
There shall be a guard rail between the voting booths and the
table for the Board of Election Inspectors. (Sec. 159; BP 881)
Inspection of polling places
Before the day of the election, referendum or plebiscite, the
Chairman of the COMELEC shall, through its authorized representatives,
see to it that all polling places are inspected and such omissions and
defects as may be found are corrected. (Sec. 163, BP 881)
PRE-ELECTION REQUIREMENTS
OFFICIAL BALLOTS, ELECTION RETURNS
& BALLOT BOXES
PRECINCTS AND POLLING PLACES
Form and Contents of ballots
Precincts
The ballots shall:
Precinct, defined
- unit of territory for the purpose of voting (Sec. 149, BP 881)
Establishment of Precincts
The COMELEC shall establish all election precincts.
barangay shall have at least 1 such precinct. (Sec. 149, BP 881)
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be uniform in size;
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be printed in black ink on white security paper with
distinctive, clear and legible watermarks that will
readily distinguish it from ordinary paper;
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be in the shape of a strip with stub and a detachable
coupon containing the serial number of the ballot
and a space for the thumbmark of the voter on the
detachable coupon;
Each
The COMELEC may introduce adjustments, changes or new
divisions or abolish precincts if necessary. But no changes shall be
introduced within 45 days before a regular election and 30 days before a
special election or referendum or plebiscite. (Sec. 149, BP 881)
Where it is not practicable to divide a precinct by territory, the
COMELEC may adjust or split the precinct by assigning the registered
voters alphabetically and equitably among the adjusted or split precinct.
The polling places of the said precincts must be in the same building.
(Sec. 8, R.A. 7166)
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Publication of Maps of Precincts
At least 5 days before the first registration day and until after the
election, referendum, or plebiscite, the COMELEC shall post in the city or
municipal hall and in 3 other conspicuous places and on the door of each
polling place, a map of the city or municipality showing its division into
precincts. Such maps shall be kept posted until after the election,
referendum or plebiscite. (Sec. 151, BP 881)
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bear at the top middle portion the coat-of-arms of
the Republic, the words, “Official Ballot”, the name
of the city or municipality and the province, the date
of the election and the following notice in English,
“Fill out this ballot secretly inside the voting booth.
Do not put any distinctive mark on any part of this
ballot”;
contain the names of all the offices to be voted for,
allowing opposite the name of each office, sufficient
space or spaces with horizontal lines where the
voter may write the name or names of the individual
candidates voted for by him;
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have nothing printed or written at the back except
the signature of the chairman of the Board of
Election Inspectors
Notwithstanding the preceding provisions, COMELEC may
prescribe a different form of official ballot on the same watermarked
security paper to facilitate the voting by illiterate voters only and to use or
adopt the latest technological and electronic devices in connection
therewith. (Sec. 23, R.A. 7166)
Emergency Ballots
GR: No ballots other than the official ballots shall be used or counted.
Exception: "Emergency ballots" may be used if:
failure to receive the official ballots on time
there are no sufficient ballots for all registered voters
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the ballots are destroyed at such time as shall render it
impossible to provide other official ballots.
In these cases, the city or municipal treasure shall provide other
ballots which shall be as similar to the official ones as circumstances will
permit and which shall be uniform within each polling place. (Sec. 182, BP
881)
Printing of official ballots and election returns
The official ballots and election returns shall be printed
by the Government Printing Office and/or the Central Bank printing facilities
exclusively, under the exclusive supervision and control of the COMELEC
which shall determine and provide the necessary security measures in the
printing, storage and distribution thereof. (Sec. 184, BP 881)
The registered political parties or coalitions of parties
(or their components should there be any dissolution or division of said
coalition) whose candidates obtained at least 10% of the total votes cast in
the next preceding senatorial election are each entitled to have a watcher
and/or representative in the procurement and watermarking of papers to be
used in the printing of election returns and official ballots, and in the
printing, numbering, storage and distribution thereof. (Sec. 8, R.A. 6646)
Necessity of registration
"The act of registration is an indispensable precondition to the
right of suffrage. For registration is part and parcel of the right to vote and
an indispensable element in the election process. Thus … registration
cannot and should not be denigrated to the lowly stature of a mere
statutory requirement. Proceeding from the significance of registration as a
necessary requisite to the right to vote, the State undoubtedly, in the
exercise of its inherent police power, may then enact laws to safeguard
and regulate the act of voter’s registration for the ultimate purpose of
conducting honest, orderly and peaceful election, to the incidental yet
generally important end, that even pre-election activities could be
performed by the duly constituted authorities in a realistic and orderly
manner – one which is not indifferent and so far removed from the pressing
order of the day and the prevalent circumstances of the times." (Akbayan,
et al v. COMELEC, G.R. No.147066, March 26, 2001)
Qualifications and Disqualifications
See previous discussion under Suffrage.
Election Registration Board
(Sec. 15, R.A. 8189)
In each city and municipality, there shall be as many Election
Registration Boards as there are election officers therein. In thickly
populated cities or municipalities, the COMELEC may appoint additional
election officers for such duration as may be necessary.
Composition
(1) Chairman:
Election Officer. In case disqualified, the
COMELEC shall designate an acting Election Officer.
(2) Members:
(a) Public school official most senior in rank; and
(b) Local civil registrar, or in his absence, the city or
municipal treasurer. If neither are available, any other appointive
civil service official from the same locality as designated by the
COMELEC.
Requisition and Distribution
The official ballots and election returns shall be distributed to
each city and municipality at the rate of one and one-fifth ballots for every
voter registered in each polling place, and for election returns, at the rate of
one set for every polling place. (Sec. 186, BP 881)
The ruling party and the dominant opposition party shall submit
the names of their watchers who, together with the representatives of the
COMELEC and the provincial, city, and municipal treasurers shall verify the
contents of the boxes containing the shipment of official ballots, election
returns and sample official ballots. (Sec. 189, BP 881)
Disqualifications
No member of the Board shall be related to each other or to any
incumbent city or municipal elective official within the 4th civil degree of
consanguinity or affinity. If in succeeding elections, any of the newly
elected city or municipal officials is related to a member of the Board within
the 4th civil degree of consanguinity or affinity, such member is
automatically disqualified to preserve the integrity of the Election
Registration Board.
Publication
NOTE: It is an election offense to either:
(1) accept
The COMELEC shall publish at least 10 days before an election,
in a newspaper of general circulation, certified data on the number of
ballots and returns and the names and addresses of the printers and the
number printed by each.
an appointment, to assume office and to
actually serve as a member of the Board although
ineligible thereto (Sec. 45d, R.A. 8189), or
(2) appoint
such ineligible person knowing him to be
ineligible (Sec. 45d, R.A. 8189)
Ballot boxes
On the day of the voting, there shall be a ballot box one side of
which shall be transparent which shall be set in a manner visible to the
voting public. It shall contain two compartments, one for valid ballots and
the other for spoiled ballots.
REGISTRATION OF VOTERS
Function
-
Meet quarterly on the 3rd Monday of April, July, October and
January of every calendar year (or on the next following working
day if such designated days fall on non-working holidays)
To hear and process all applications for registration.
Registration defined
When registration conducted
- the act of accomplishing and filing of a sworn application for 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. (Sec. 3a, R.A. 8189)
Registration of voters shall be conducted not less than 120 days
before a regular election and 90 days before a special election. (Sec. 8,
R.A. 8189)
70
reasonable fee.
However, in the case of an initiative or referendum, the
COMELEC is authorized to set a special registration day at least 3 weeks
before the scheduled initiative or referendum. (Sec. 5, R.A. 6735)
Illiterate and Disabled Voters
CAN A SPECIAL REGISTRATION FOR A REGULAR
ELECTION BE CONDUCTED OUTSIDE THE PERIOD
PRESCRIBED IN SEC. 8, R.A. 8189 UNDER THE RESIDUAL
OR STANDBY POWERS OF THE COMELEC UNDER SEC. 28,
R.A. 8436?
Any illiterate person may register with the assistance of the
Election Officer or any member of an accredited citizen’s arm. The
application for registration of a physically disabled person may be prepared
by any relative within the fourth civil degree of consanguinity or affinity or
by the Election Officer or any member of an accredited citizen’s arm using
the data supplied by the applicant [Sec. 14, RA 8189].
No. In the case of Akbayan, et al v. COMELEC (G.R.
No.147066, March 26, 2001), the Supreme Court held that Sec.
8 of R.A. 8189 explicitly provides that no registration shall be
conducted during the period starting 120 days before a
regular election. The purpose of having a 120-day prohibitive
period is to enable the COMELEC to complete all the necessary
pre-election activities, including the Project of Precincts,
constitution of Board of Election Inspectors, Book of Voters and
approved Voters Registration Records, Computerized Voters'
List, and Voters Information Sheet. Registration of voters is not,
contrary to popular opinion, merely the act of going to the
Election Officer and writing the names down. It is "in fact, a long
process that takes about 3 weeks to complete not even counting
how long it would take to prepare for the registration in the first
place."
Re-registration
A voter who is registered in the permanent list of voters need not
register anew for subsequent elections unless:
(1)
Inclusion-exclusion cases
Common rules governing judicial proceedings in the matter of
inclusion, exclusion and correction of names of voters (Sec. 32, R.A.
8189)
(1) TIME OF FILING: During office hours
(2)
Modes of service:
(1) personal delivery, or
(2) registered mail, or
(3) posting in the bulletin board of city or municipal hall and in 2
other conspicuous places within the city or municipality
(3) CONTENTS: Petition shall refer only to 1 precinct, and shall
implead the Board as respondents
he transfers residence to another city or
municipality; or
(4) COSTS: Generally, no costs shall be assessed against any
party. However, the court may order a party to pay the
costs and incidental expenses of the suit should it find that
the application was filed solely to harass the adverse party
and to cause him to incur expenses.
(2) his
registration has been cancelled on the
ground
of
disqualification
and
such
disqualification has been lifted or removed
(Sec. 125, BP 881);
(5) INTERVENTION: Any voter, candidate or political party who
may be affected by the proceedings may intervene and
present his evidence.
System of Continuing Registration
Under Sec. 8 of RA 8189, the COMELEC has the power to
conduct continuing registration. Such registration shall be conducted daily
in the office of the Election Officer during regular office hours, except
during the period starting 120 days before a regular election and 90 days
before a special election. The filing of the application must be done
personally.
(6) EVIDENCE: Shall be based on the evidence presented. In no
case shall a decision be rendered upon a stipulation of
facts.
If the case involves the issue of a fictitious voter, the
non-appearance of the challenged voter on the day set for
hearing shall be prima facie evidence that such voter is
fictitious.
Challenge of the right to register
Any person applying for registration may be challenged before
the Election Registration Board:
•
•
•
(7) DECISION: Petition shall be heard and decided within 10 days
from date of filing.
by any voter,
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.
by any candidate, or
by any representative of a registered political party.
Such challenge must be made in writing, under oath and must state the
grounds therefor. (Sec. 18, R.A. 8189)
List of voters
NOTICE:
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 filing of the
petition.
Jurisdiction and Appeal in Inclusion and Exclusion Cases
MTC:
original and exclusive jurisdiction
RTC:
appellate jurisdiction
The list of voters refers to an enumeration of names of
registered voters in a precinct duly certified by the Election Registration
Board for use in the election. (Sec. 3 (d), R.A. 8189)
Appeals must be made within 5 days from receipt of notice.
Otherwise the decision of the MTC becomes final and executory after said
period.
The Board of Election Inspectors must post the final list of voters
in each precinct 15 days before the date of the regular or special election
or referendum or plebiscite.
The RTC shall decide the appeal within 10 days from the time
the appeal was received, and its decision shall be final and executory. No
motion for reconsideration shall be entertained. (Sec. 138, BP 881; Sec.
33, R.A. 8189)
Any candidate or authorized representative of an accredited
political party upon formal request to an election registrar shall be entitled
to a certified copy of the most recent list of voters upon payment of a
Petition for Inclusion of Voters in the List
71
The following may petition to be included in the voters’ list:
•
•
any person whose application by registration has
been disapproved by the Board of Election
Inspectors or
any person whose name has been stricken out
from the list
Petitioner may apply at any time except 105 days prior to a regular election
or 75 days prior to a special election. (Sec. 34, R.A. 8189)
Petition for Exclusion of Voters from the List
The following may petition for the exclusion of a voter from the
permanent list of voters:
•
any registered voter;
•
any representative of a political party;
•
the Election Officer
Such petition may be filed at any time except 100 days before a regular
election or 65 days before a special election. It shall be decided within 10
days from filing. (Sec. 35, R.A. 8189)
"The petition for exclusion is a necessary component to registration
since it is a safety mechanism that gives a measure of protection against
flying voters, non-qualified registrants, and the like. The prohibitive period,
on the other hand serves the purpose of securing the voter’s substantive
right to be included in the list of voters." (Akbayan, et al v. COMELEC,
G.R. No.147066, March 26, 2001)
(1)
(2)
(3)
Any voter;
Any election officer;
Any duly registered political party
GROUNDS:
(1)
(2)
•
•
•
•
•
•
•
(3)
The book of voters was not prepared in accordance
with the provisions of R.A. 8189;
The book of voters was prepared through:
Fraud;
Bribery;
Forgery;
Impersonation;
Intimidation;
Force; or
Any similar irregularity
The book of voters contains data that are statistically
improbable
The book of voters shall be annulled after due notice and hearing by the
COMELEC after the filing of a verified petition. No order, ruling or decision
annulling a book of voters shall be executed within 90 days before an
election.
Deactivation and reactivation of registration
Deactivation of registration (Sec. 27, R.A. 8189)
CAUSES OF DEACTIVATION:
(1)
The 3 grounds for disqualification to vote, namely:
The citizenship of a person to be stricken from the list may be
decided in the exclusion proceedings. However, the decision does not
acquire the nature of res judicata considering the summary character of the
case.
(a) Sentence by final judgment to suffer
imprisonment for not less than one (1) year,
such disability not having been removed by
plenary pardon or amnesty;
Voters Excluded Through the Inadvertence or Registered with an
Erroneous or Misspelled Name (Sec. 37, R.A. 8189)
(b) Adjudgment by final judgment of having
committed any crime involving disloyalty to the
duly constituted government (e.g. rebellion,
sedition, violation of the firearms law) or any
crime against national security, unless restored
to his full civil and political rights in accordance
with law;
WHAT MAY BE FILED?
(1)
Petition for reinstatement - filed by any registered voter who
has not been included in the precinct certified list of voters
(2)
Petition for correction of name - filed by any registered voter
who has been included in the precinct certified list of voters with a
wrong or misspelled name
WHERE FILED?
With the Election Registration Board
If the petition is denied or not acted upon, the voter may file on
any date with the proper MTC a petition for an order directing
that the voter's name be entered or corrected in the list. The
following must be attached to the petition:
(1)
Certified true copy of his registration record, or identification
card, or the entry of his name in the list of voters used in the
preceding election;
(2)
Proof that his application was denied or not acted upon by the
Board;
(3)
Proof that the petitioner has served notice of his application to
the Board
(c) Declaration of insanity or incompetence by
competent authority, unless subsequently
removed;
(2) Failure
to vote in the 2 successive preceding
regular elections, as shown by the voting records
(Note: SK elections are NOT considered regular
elections for this purpose);
(3)
Court order for exclusion of registration; and
(4)
Loss of Filipino citizenship
Reactivation of registration (Sec. 28, R.A. 8189)
PETITION FILED:
Sworn application for reactivation of registration in
the form of an affidavit stating that the grounds for
the deactivation no longer exist
Annulment of Book of Voters
WHO MAY FILE:
Any voter whose registration has been deactivated
The book of voters refers to the compilation of all registration
records in a precinct. (Sec. 3c, R.A. 8189)
WHERE FILED:
With the Election Officer, who shall then submit
such application to the Election Registration
Board for appropriate action.
WHO MAY FILE PETITION FOR ANNULMENT:
WHEN FILED:
(Sec. 39, R.A. 8189)
72
Not later than 120 days before a regular election
and 90 days before a special registration
•
To receive the 4th copy (if the dominant majority party) or
the 5th copy (if the dominant minority party) of the election
returns (Sec. 27, R.A. 7166 as amended by R.A. 8045 and
R.A. 8173)
REGISTRATION OF POLITICAL PARTIES
Political Party defined
Procedure
- an organized group of persons pursuing the same ideology, political ideas
or platforms of government and includes its branches and divisions. (Sec.
60, BP 881)
- an organized group of citizens advocating an ideology or platform,
principles and policies for the general conduct of government and which,
as the most immediate means of securing their adoption, regularly
nominates and supports certain of its leaders and members as candidates
for public office. (Sec. 3c, R.A. 7491)
2 Kinds:
(1) national party, i.e. a party whose constituency is spread over the
geographical territory of at least a majority of the regions; and
(2) regional party, i.e. a party whose constituency is spread over the
geographical territory of at least a majority of the cities and provinces
comprising the region.
(1)
The political party seeking registration may file with the
COMELEC a verified petition attaching thereto its constitution
and by-laws, platform or program of government and such
other relevant information as may be required by the
COMELEC.
(2)
The COMELEC shall require publication of the petition for
registration or accreditation in at least three newspapers of
general circulation.
(3)
After due notice and hearing, the COMELEC shall resolve the
petition within 10 days from the date it is submitted for
decision. (Sec. 61, BP 881. Note however the discrepancy
with Sec. 62 which states that resolution of the petition for
registration or accreditation shall be 15 days from the date of
submission for decision.)
Purpose of registration
The purpose of registration of political parties with the
COMELEC is to enable them to:
(1)
Acquire juridical personality;
(2)
Qualify for subsequent accreditation; and
Who may not be registered
The following may not be registered as political parties:
•
(3) Entitle them to the rights and privileges granted to
•
political parties. (Sec. 60, BP 881)
Rights and privileges granted
•
A registered political party is entitled to the following rights and
privileges:
•
•
•
•
•
•
•
To be voted upon as a party, provided that it is registered
under the party-list system (Art. IX-C, Sec. 7, 1987
Constitution);
To have a watcher in every Election Registration Board
(Sec. 15, R.A. 8189);
To inspect and/or copy at its expense the accountable
registration forms and/or the list of registered voters in the
precincts constituting the constituency at which the political
party is fielding candidates (Sec. 42, R.A. 8189)
To have a watcher and/or representative in the procurement
and watermarking of papers to be used in the printing of
election returns and official ballots and in the printing,
numbering, storage and distribution thereof (Sec. 8, R.A.
6646);
•
religious denominations and sects (Art. IX-C, Sec.
2 (5), 1987 Constitution; Sec. 61, BP 881)
those which seek to achieve their goals through
violence or unlawful means (Art. IX-C, Sec. 2 (5),
1987 Constitution, Sec. 61, BP 881)
those which refuse to uphold and adhere to the
Constitution (Art. IX-C, Sec. 2 (5), 1987
Constitution)
those supported by foreign governments (Art. IX-C,
Sec. 2 (5), 1987 Constitution)
Forfeiture of status and cancellation of registration
Forfeiture of status
Any registered political party that, singly or in coalition with
others, fails to obtain at least 10% of the votes cast in the constituency in
which it nominated and supported a candidate or candidates in the election
next following its registration shall, after notice and hearing be deemed to
have forfeited such status as a registered political party in such
constituency. (Sec. 60, BP 881)
Cancellation of registration
The following are grounds for cancellation of registration of a
political party:
To have watchers who shall verify the contents of the boxes
containing the shipment of official ballots, election returns
and sample official ballots received by the provincial, city
and municipal treasurers (Sec. 189, BP 881. Note that this
privilege is only available to the ruling party and the
dominant opposition party.);
(1)
Accepting financial contributions from foreign governments
or their agencies (Art. IX-C, Sec. 2 (5), 1987 Constitution);
(2)
The party is a religious sect or denomination, organization
or association organized for religious purposes (Sec. 6 (1),
R.A. 7941);
To have one watcher in every polling place and canvassing
center (Sec. 26, R.A. 7166);
(3)
The party advocates violence or unlawful means to seek its
goal (Sec. 6 (2), R.A. 7941);
To be present and to have counsel during the canvass of
the election returns (Sec. 25, R.A. 6646)
(4)
The party is a foreign party or organization (Sec. 6 (3), R.A.
7941);
73
(5)
The party 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 third parties for partisan election purposes
(Sec. 6 (4), R.A. 7941);
(6)
The party violates or fails to comply with laws, rules or
regulations relating to elections (Sec. 6 (5), R. A. 7941);
(7)
The party declares untruthful statements in its petition for
registration (Sec. 6 (6), R.A. 7941);
(8)
The party has ceased to exist for at least 1 year (Sec. 6 (7),
R.A. 7941);
(9)
The party fails to participate in the last 2 preceding elections
(Sec. 6 (8), R.A. 7941);
(10)
If registered under the party-list system, the party fails to
obtain at least 2% of the votes in the 2 preceding elections
for the constituency in which it has registered. (Sec. 6 (8),
R.A. 7941)
(3) Sectoral organizations, i.e. groups of citizens or coalitions of
groups of citizens who share similar physical attributes or
characteristics, employment, interest or concerns (Sec. 3e,
R.A. 7941);
(4) Coalitions,
i.e. aggrupations of duly registered national,
regional, sectoral parties or organizations for political and/or
election purposes (Sec. 3f, R.A. 7941)
Parties, organizations or coalitions that are already registered with
the COMELEC need not register anew. However, should they wish to
participate in the party-list system, they must file with the COMELEC a
manifestation of such desire to participate not later than 120 days before
the election. (Sec. 4, R.A. 7941, as amended by Sec. 11, R.A. 8436)
Procedure for registration
PETITION:
Petition verified by the party/organization/coalition's
president or secretary. The petition must state its
desire to participate in the party-list system as a
national, regional or sectoral party or organization or a
coalition of such parties or organizations.
WHEN FILED:
Not later than 90 days before the election
Under the party-list system, the COMELEC may refuse or cancel
registration either motu propio or upon verified complaint of any interested
party, after due notice and hearing. (Sec. 6, R.A. 7941)
ATTACHMENTS:
(1) Constitution;
(2) By-laws;
(3) Platform or program of government;
(4) List of officers;
(5) Coalition agreement (as applicable);
(6) Other relevant information as may be
required by the COMELEC
Nomination and selection of official candidates
(Sec. 6, R.A. 7166)
No political convention or meeting for the nomination or election
of the official candidates of any political party or organization or political
groups or coalition thereof shall be held earlier than the following periods:
Pres., VP, Senators: 165 days before the date of the election
After due notice and hearing, the COMELEC shall resolve the
petition within 15 days from the date it was submitted for decision, but not
later than 60 days before election. (Sec. 5, R.A. 7941)
Members of the House of Representatives 75 days before the day
of
Elective Provincial, City or Municipal Officers
Grounds for refusal and/or cancellation of registration
the election
REGISTRATION FOR PARTY-LIST
Party-list system defined
- a mechanism of proportional representation in the election of
representatives to the House of Representatives from national, regional
and sectoral parties or organizations or coalitions thereof registered with
the COMELEC. Component parties or organizations of a coalition may
participate independently, provided the coalition of which they form part
does not participate in the party-list system. (Sec. 3, R.A. 7941)
Purpose of party-list system
- to enable Filipino citizens belonging to marginalized and
underrepresented sectors, organizations and parties, and who lack welldefined political constituencies but who could contribute to the formulation
and enactment of appropriate legislation that will benefit the nation as a
whole, to become members of the House of Representatives. (Sec. 2,
R.A. 7941)
The following are grounds for refusal and/or cancellation of
registration of a party, organization or coalition wishing to participate in the
party-list system:
1.
Accepting financial contributions from foreign governments
or their agencies (Art. IX-C, Sec. 2 (5), 1987 Constitution);
2.
The party is a religious sect or denomination, organization
or association organized for religious purposes (Sec. 6 (1),
R.A. 7941);
3.
The party advocates violence or unlawful means to seek its
goal (Sec. 6 (2), R.A. 7941);
4.
The party is a foreign party or organization (Sec. 6 (3), R.A.
7941);
5.
The party 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 third parties for partisan election purposes
(Sec. 6 (4), R.A. 7941);
6.
The party violates or fails to comply with laws, rules or
regulations relating to elections (Sec. 6 (5), R. A. 7941);
7.
The party declares untruthful statements in its petition for
registration (Sec. 6 (6), R.A. 7941);
Who may be registered
(1) Political parties (See discussion in previous section);
(2) Sectoral parties, i.e. organized groups of citizens belonging
to the labor, peasant, fisherfolk, urban poor, indigenous
cultural communities, elderly, handicapped, women, youth,
veterans, overseas workers, and professional sectors, and
whose principal advocacy pertains to the special interest
and concerns of their sector (Sec. 3d, R.A. 7941);
74
8.
The party has ceased to exist for at least 1 year (Sec. 6 (7),
R.A. 7941);
9.
The party fails to participate in the last 2 preceding elections
(Sec. 6 (8), R.A. 7941);
10.
If registered under the party-list system, the party fails to
obtain at least 2% of the votes in the 2 preceding elections
for the constituency in which it has registered. (Sec. 6 (8),
R.A. 7941)
for member of the House of Representatives in his legislative district, and
the second, a vote for the party, organization, or coalition he wants
represented in the House of Representatives.
Party-list representative
District representative
Scope of electorate
Elected nationally, with
party-list
organizations
garnering at least 3% of
all the votes cast for the
party-list system entitled
to 1 seat, which is
increased according to
proportional
representation, but is in
no way to exceed 3 seats
per organization
Elected
according
to
legislative district by the
constituents
of
such
district
(Sec. 8, R.A. 7941)
Residence
requirement
No special
requirement
residency
Each registered party, organization or coalition shall submit to
the COMELEC a list of not more than 5 names from which party-list
representatives shall be chosen in case it obtains the required number of
votes. This list must be submitted not later than 45 days before the
election.
Must be a resident of his
legislative district for at
least 1 year immediately
before the election
Manner of election
Voted upon by party or
organization. It is only
when a party is entitled to
representation
that
it
designates who will sit as
representative.
Elected personally, i.e. by
name.
Effect
disaffiliation
party
Loses his seat, in which
case he/she will be
substituted by another
qualified person in the
party / organization based
on the list submitted to
the COMELEC.
Does not lose seat if
he/she changes party or
affiliation.
Effect of vacancy
A substitution will be
made within the party,
based
on
the
list
submitted
to
the
COMELEC.
A special election may be
held provided that the
vacancy takes place at
least 1 year before the
next election.
Effect of change in
affiliation within 6
months
prior
to
election
A party-list representative
is prohibited from sitting
as representative under
his
new
party
or
organization.
This does not prevent a
district
representative
from running under his
new party.
Effect of loss during
previous election
A party-list representative
cannot sit if he ran and
lost in the previous
election.
The COMELEC may refuse or cancel registration either motu
proprio or upon verified complaint of any interested party, after due notice
and hearing. (Sec. 6, R.A. 7941)
Nomination of party-list representatives
The nomination of party-list representatives is subject to the
following limitations:
(1)
The nominee must have all of the qualifications and
none of the disqualifications for the exercise of the
right of suffrage.
Moreover, he/she must be a
registered voter, able to read and write, and at least 25
years on the day of the election.
In case of youth sector nominees, such nominees
must be at least 25 but not more than 30 yrs. old on
the day of the election. (Sec. 9)
of
with
(2) The nominee must be a bona fide member of the party
or organization which he/she seeks to represent for at
least 90 days preceding the day of the election. (Sec.
9)
(3) An
elected party-list representative who changes his
political party or sectoral affiliation within 6 months
before an election is not eligible for nomination as
party-list representative under his new party or
organization. (Sec. 15)
(4) A person may be nominated in 1 list only.
(Sec. 8)
A district representative is
not
prevented
from
running again as a district
representative if he/she
lost during the previous
election.
ACCREDITATION OF A CITIZENS' ARM
(5) Only persons who have given their consent in writing
may be named in the list. (Sec. 8)
(6) The list cannot include any candidate for any elective
Who may be accredited
office or any person who has lost his bid for an elective
office in the immediately preceding election. (Sec. 8)
(7)
-
Changes of name or alterations in the order of
nominees are generally not allowed after the list has
been submitted to the COMELEC. However, these
may be allowed when the nominee either:
(a)
(b)
(c)
Dies; or
Withdraws his nomination in writing; or
Becomes incapacitated
-
(Rule 33, Sec. 1, COMELEC Rules of Procedure)
in which case the substitute nominee shall be placed
last in the list (Sec. 8)
Party-list and district representatives distinguished
Every voter is entitled to 2 votes: the first is a vote for candidate
Any bona fide non-partisan group, association or organization
from the civic, youth, professional, educational, business or labor
sectors
with identifiable leadership, membership and structure,
and with demonstrated capacity to promote the public interest
and assist the COMELEC in the performance of its functions and
activities as mandated by the Constitution and by law
Procedure for accreditation
(1)
FILING OF PETITION FOR ACCREDITATION
Any group seeking accreditation may file a petition for accreditation,
duly verified by its President, Chairman of the Board of Directors, or
75
any of its duly authorized officers.
The petition for accreditation must state the following:
(a)
The constituency to which petitioner seeks accreditation;
(b)
That it is not supporting any candidate, political party,
organization or coalition of political parties, in the
constituency where it seeks accreditation;
(c)
Nature of its membership; names of its officers or
organizers, location of principal office or place of business,
and an assurance of its capability to undertake a
coordinated operation and activity to assist the COMELEC;
(d)
(e)
(f)
(2)
That it shall submit itself to the direct and immediate control
and supervision and comply with the orders of the
COMELEC in the performance of its specific functions and
activities provided by law, and such other functions and
activities provided by law, and such other functions and
activities which the COMELEC may assign;
That it shall strictly remain non-partisan and impartial during
the registration and election periods;
That it is not supported by or under the influence of any
foreign government or any of its agencies or
instrumentalities; or of any foreigner, whether natural or
juridical person;
(g)
That it shall not solicit or receive, directly or indirectly, any
contribution or aid of whatever form or nature from any
foreign government or any of its agencies or
instrumentalities, or from any foreigner, whether natural or
juridical person;
(h)
That it does not seek to achieve its objectives, goals or
programs through violence or other unlawful means, nor
aim to propagate any ideology opposed to the principles of
a republican and democratic government; and
(i)
That it undertakes to police its ranks and prevent infiltration
by persons or groups of persons who may, directly or
indirectly, destroy its character of non-partisanship and
impartiality.
SETTING OF PETITION FOR HEARING
Upon the filing of the petition, the COMELEC en banc shall
immediately set the petition for hearing. The COMELEC may order
the publication of the petition in a newspaper of general circulation if it
deems such necessary. Publication shall be at the expense of the
petitioner.
(3)
HEARING OF PETITION
The accreditation of the petitioner may be opposed by any person,
group, association, group or organization, political party or coalition of
political parties possessing relevant information or evidence against
the petitioner by filing a verified opposition.
However, notwithstanding the absence of any opposition, the
COMELEC may motu proprio require the petitioner to present
evidence to support its petition for accreditation.
(4)
DECISION
The COMELEC shall then render its decision. If the decision is for the
accreditation of the petition, a certificate of accreditation shall be
issued stating the following:
(a)
The name of the group or organization;
(b)
The constituency to which it is accredited; and
(c)
The political exercise for which it is accredited
Revocation and expiration of accreditation
REVOCATION: May be done by the COMELEC after notice and hearing
for any of the following acts:
(1) The citizens' arm has showed or acted with partiality in any
political issue or to any political party, organization or
coalition of political parties;
(2)
It has performed acts in excess of its duties and functions
as provided by law; or
(3)
It has failed to comply with the conditions imposed upon it in
the decision granting accreditation.
EXPIRATION:
The accreditation automatically lapses at the end of
the election period of the political exercise for which the petitioner was
accredited as citizens' arm.
CERTIFICATES OF CANDIDACY
Candidate defined
Any person aspiring for or seeking an elective public office, who has filed a
certificate of candidacy by himself or through an accredited political party,
aggroupment, or coalition of parties. (Sec. 79, BP 881)
Guest Candidacy
A political party may nominate and/or support candidates not
belonging to it. (Sec. 70, BP 881) Note however that this is not applicable
in cases of political parties registered under the party-list system, as
nominees must necessarily be bona fide members of the party.
Qualifications
See the provisions of the Constitution for the qualifications of
candidates for President, Vice-President, Senator, and Member of the
House of Representatives.
See the provisions of the Local Government Code for the
qualifications of local elective officials.
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 qualifications are lost, his title to the office may be
seasonably challenged. (See Frivaldo v. COMELEC, 174 SCRA 245;
Labo v. COMELEC, 176 SCRA 1)
Filing of certificate of candidacy
To be eligible for any elective public office, one must file a
certificate of candidacy within the period fixed by the Omnibus Election
Code.
Mode of Filing
Certificates must be filed by the candidate personally or by his
duly authorized representative. No certificate shall be filed by mail,
telegram or facsimile. (Sec. 7, R.A. 7166)
Time of Filing
Certificates of candidacy must be filed in 12 legible copies not
later than 120 days before the elections. (Sec. 11, R.A. 8436)
Place of Filing
The certificates of candidacy shall be filed in the following
places:
President
Vice-Pres
Senator |
|
| COMELEC main office (Mla)
Congressman
- Provincial election supervisor
76
If NCR district: File with Regional Election Director
RAMIREZ V. COMELEC
If legislative district in cities outside NCR which comprise one or more
legislative districts: File with City election registrar concerned
Provincial Offices -
Provincial election supervisor
City / Municipal Offices - City or municipal election registrar
Contents of certificate of candidacy
The certificate of candidacy shall state the following:
•
That the person filing the certificate is announcing his
candidacy for the office stated therein and that he or she is
eligible for such office;
•
The political party to which the candidate belongs;
•
Civil status;
•
Date of birth;
•
Residence;
•
Post office address for all election purposes;
•
The certificate of candidacy of petitioner for the office of
provincial board member was filed by his political party. 15 minutes before
the deadline, he filed his certificate of candidacy for mayor. 8 days later,
he filed a petition to withdraw his certificate of candidacy for the office of
the board member and to declare subsisting his certificate of candidacy for
mayor, attaching his written declaration under oath withdrawing his
certificate of candidacy for board member.
Since the certificate of candidacy for the position of board
member was filed by his party and the said party had withdrawn that
nomination, there was substantial compliance with Sec. 73 of the Omnibus
Election Code. His filing under oath within the statutory period of his
individual candidacy for mayor was a rejection of the party nomination of
the other officer.
Disqualifications
According to Prof. Barlongay, disqualifications may be classified
into 4 categories: (1) status; (2) acts; (3) nuisance candidacy; and (4)
falsity of material representation in the certificate of candidacy.
Status
(1)
Lack of Filipino citizenship;
Profession or occupation;
(2)
Lack of residency requirement;
•
That he / she will support and defend the Constitution of the
Philippines and will maintain faith and allegiance thereto;
(3)
Insanity or incompetence, as declared by competent authority;
•
That he / she will obey the laws, legal orders, and decrees
promulgated by the duly constituted authorities;
•
That he / she is not a permanent resident or immigrant to a
foreign country;
•
That the obligation imposed by oath is assumed voluntarily,
without mental reservation or purpose of evasion;
•
That the facts stated in the certificate of candidacy are true
to the best of his knowledge.
Effects of filing
Note: Sec. 67 of BP 881 and the first proviso of Sec. 11 of
R.A. 8436 (which states that "Any elective official, running for any officer
other than one which he is holding in a permanent capacity, except for
President and Vice-President, shall be considered ipso facto resigned
upon the start of the campaign period") have been repealed by Sec. 14 of
R.A. 9006 (Fair Election Act of 2001).
(4) Permanent
residence or immigrant status in a
foreign country, unless such person has waived his
status as permanent resident or immigrant in
accordance with the residence requirement
provided for in the election laws (Sec. 68, BP 881)
Acts
(1)
•
Any offense for which the candidate has been
sentenced to a penalty of more than 18 months of
imprisonment;
•
Any offense involving moral turpitude;
Moral turpitude is an act of a baseness, vileness, or
depravity in the private duties which a man owes to
his fellow men, or to society in general, contrary to the
accepted and customary rule of right and duty
between man and woman or conduct contrary to
justice, honesty, modesty or good morals. The
general rule is that crimes mala in se involve moral
turpitude while crimes mala prohibita do not. Moral
turpitude implies something immoral in itself,
regardless of the fact that it is punishable by law or
not. (Dela Torre v. COMELEC, 191 SCRA 229)
Withdrawal of certificate
If a candidate files a certificate of candidacy for more than 1
office, he shall not be eligible for any of them. However, he may declare
under oath the office for which he desires to be eligible and cancel the
certificate of candidacy for the other office or offices provided that this is
done before the expiration of the period for the filing of certificates of
candidacy. (Sec. 73, BP 881)
The filing of the withdrawal shall not affect whatever civil,
criminal, or administrative liabilities which a candidate may have incurred.
(Sec. 73, BP 881)
Subversion, insurrection, rebellion;
•
Any mass media columnist, commentator, announcer, reporter,
on-air correspondent or personality who is a candidate for any elective
public office shall be deemed resigned, if so required by his/her employer,
or shall take a leave of absence from his/her work as such during the
campaign period. (Sec. 6.6, R.A. 9006)
A person who has filed a certificate of candidacy may withdraw
the same prior to the election by submitting to the office concerned a
written declaration under oath.
Sentence by final judgment for:
•
•
•
Having given money or other material
consideration to influence, induce or corrupt the
voters or public officials performing electoral
functions (Sec. 68a, BP 881);
Having committed acts of terrorism to enhance his
candidacy (Sec. 68b, BP 881);
Having spent in his election campaign an amount in
excess of that allowed by the Omnibus Election Code
(Sec. 68c, BP 881);
77
•
•
•
•
•
•
•
•
•
Having solicited, received or made any contribution
prohibited under the Omnibus Election Code (Sec. 68d,
BP 881; cf. Secs. 89, 95, 96, 97 and 104);
Having engaged in election campaign or partisan
political activity outside the campaign period and not
pursuant to a political party nomination (Sec. 68e, BP
881, cf. Sec. 80);
Having removed, destroyed, obliterated, defaced or
tampered with or prevented the distribution of lawful
election propaganda (Sec. 68e, BP 881, cf. Sec. 83);
Having violated the rules and regulations on election
propaganda through mass media (Sec. 68e, BP 881,
cf. Sec. 86);
Having coerced, intimidated, compelled, or in any
manner influenced, directly or indirectly, any of his
subordinates or members, or employees, etc. to aid,
campaign or vote for or against any candidate or any
aspirant for the nomination or selection of candidates
(Sec. 68e, BP 881, cf. Sec. 261d);
Having directly or indirectly threatened, intimidated, or
actually caused, inflicted or produced any violence,
injury, punishment, damage, loss or disadvantage upon
any person or that of the immediate members of his
family, his honor or property, or used any fraudulent
device or scheme to compel or induce or prevent the
registration of any voter, or the participation in any
campaign, or the casting of any vote, or any promise of
such registration, campaign, vote, or omission
therefrom (Sec. 68e, BP 881, cf. Sec. 261e);
(1)
Those sentenced by final judgment for an offense punishable
by one year or more of imprisonment and within 2 years after
serving sentence.
(2)
Those removed from office as a result of an administrative
case.
REYES V. COMELEC
Reyes, the incumbent mayor, was found guilty in an
administrative complaint. Despite this, he filed a certificate of candidacy.
Although the COMELEC disqualified him, the Board of Election
Canvassers, unaware of COMELEC’s decision to disqualify him,
proclaimed Reyes as the mayor.
The election of Reyes did not render the administrative charges
against him moot and academic. The decision to remove him was served
on Reyes and thereafter became final because he failed to appeal to the
Office of the President. He was therefore validly removed from office and
pursuant to the Local Government Code, was disqualified from running for
re-election.
(3)
Those convicted by final judgment for violating the oath of
allegiance to the Republic of the Philippines.
(4)
Those with dual citizenship.
See Mercado v. Manzano (LocGov)
(5)
A "fugitive from justice" includes "not only those
who flee after conviction to avoid punishment, but
likewise those who, after being charged, flee to
avoid prosecution." (Marquez v. COMELEC, 243
SCRA 358)
In the case of Rodriguez v. COMELEC (G.R. No.
120099, July 24, 1996), it was held that Rodriguez
could not be considered a "fugitive from justice"
because his arrival in the Philippines from the U.S.
preceded the filing of the felony complaint in the
Los Angeles Court and the issuance of the arrest
warrant by the same foreign court by almost 5
months. The Supreme Court held that the intent to
evade is the compelling factor that animates one’s
flight from a particular jurisdiction. And there can
only be an intent to evade prosecution or
punishment when there is knowledge by the fleeing
subject of an already instituted indictment, or of a
promulgated judgment of conviction.
Having engaged in unlawful electioneering (Sec. 68e,
BP 881, cf. Sec. 261k);
Having violated the prohibition against release,
disbursement or expenditure of public funds 45 days
before a regular election (or 30 days in the case of a
special election) (Sec. 68e, BP 881, cf. Sec. 261v);
Having solicited votes or undertaken any propaganda
on the day of election for or against any candidate or
any political party within the polling place or within a
radius of 30 m. thereof (Sec. 68e, BP 881, cf. Sec.
251cc)
Nuisance candidacy
(6)
A nuisance candidate is one who files a certificate of candidacy:
(a)
(b)
(c)
To put the election process in mockery or disrepute;
or
To cause confusion among the voters by the similarity
of the names of the registered candidates, or
Clearly demonstrating that he/she has no bona fide
intention to run for the office which the certificate of
candidacy has been filed, and thus prevents a faithful
determination of the true will of the electorate. (Sec.
69, BP 881)
Falsity of material representation
Falsity of a material representation in the certificate of candidacy
is a ground for the denial of due course to or cancellation of a certificate of
candidacy under Sec. 78 of BP 881.
Disqualifications under the Local Government Code (Sec. 40, R.A.
7160)
Fugitives from justice in criminal and non-political cases here
and abroad.
Permanent residents in a foreign country or those who have
acquired the right to reside abroad and continue to avail of
the same right after the effectivity of the Local Government
Code.
FRIVALDO V. COMELEC
Frivaldo was previously declared as an alien. Despite this, he
was able to file his certificate of candidacy. The election occurred on May
8, 1995. Frivaldo was able to re-acquire Philippine citizenship on June 30,
1995 through repatriation by taking his oath of allegiance at 2:00 p.m.
Philippine citizenship is an indispensable requirement for holding
an elective public office. An official begins to govern or discharge his
functions only upon his proclamation and on the day the law mandates his
term of office to begin. Since Frivaldo re-assumed his citizenship on the
very day the term began, he was therefore already qualified to be
proclaimed, to hold such office and to discharge the functions and
responsibilities thereof as of the said date.
(7)
Those who are insane or feeble-minded.
Special Disqualifications under the Lone Candidate Law (Sec. 4, R.A.
8295)
78
ELECTION CAMPAIGN
The following persons are disqualified from running in
a special election called to fill the vacancy in an elective office, provided
that evidence of their guilt is strong:
(1)
(2)
Any elective official who has resigned from his
office by accepting an appointive office or for
whatever reason which he previously occupied
but has caused to become vacant due to his
resignation;
Any person who, directly or indirectly, coerces,
bribes, threatens, harasses, intimidates, or
actually causes, inflicts or produces any
violence, injury, punishment, torture, damage,
loss or disadvantage to any person or persons
aspiring to become a candidate or that of the
immediate member of his family, his honor or
property that is meant to eliminate all other
potential candidate.
Effect of death, disqualification or withdrawal
Election campaign or partisan political activity
It is an act designed to promote the election or defeat of a
particular candidate or candidates to a public office.
It does not include public expressions of opinions or discussions
of probable issues in a forthcoming election or on attributes or criticisms of
probable candidates proposed to be nominated in a forthcoming political
party convention.
Prohibitions
•
•
If the death, disqualification or withdrawal occurs:
- after the last day for filing of the certificates of candidacy  ONLY a
person belonging to, and certified, by the same political party, may file a
certificate of candidacy to replace him.
•
- between the day before the election and mid-day of the election day 
the certificate may be filed with any Board of Election Inspectors in the
political subdivision where he is a candidate or with the COMELEC if it is a
national position. (Sec. 77, BP 881)
Petition to deny due course or to cancel certificate
A verified petition to deny due course to or cancel a certificate of
candidacy may be filed by any person EXCLUSIVELY on the ground that a
material misrepresentation contained therein as required is false. Such
petition shall be filed any time not later than 25 days from the time of filing
of the certificate, and shall be decided not later than 15 days before the
election. (Sec. 78, BP 881)
Prohibition against Multiple Candidacies
No person shall be eligible for more than one office to be filled in
the same election, and if he files his certificate of candidacy for more than
one office, he shall not be eligible for any of them.
However, before the expiration of the period for the filing of
certificates of candidacy, the person who was filed more than one
certificate of candidacy may declare under oath the office for which he
desires to be eligible and cancel the certificate of candidacy for the other
office or offices.
The filing or withdrawal of a certificate of candidacy shall not
affect whatever civil, criminal or administrative liabilities which a candidate
may have incurred.
Certified List of Candidates
The COMELEC shall cause to be printed a certified list of
candidates for each office to be voted for in each province, city or
municipality immediately followed by the nickname or stage name of the
candidate and his political affiliation, if any. The list shall be posted inside
each voting booth.
Whenever practicable, the Board of Election Inspectors shall
cause said list of candidates to be written on the blackboard or manila
paper for posting inside the polling place. The names of all candidates
followed by his nickname or stage name shall also be printed in the
election returns and tally sheets. (Sec. 4, R.A. 6646)
ELECTION CAMPAIGN & EXPENDITURES
Members of the board of election inspections are
prohibited from engaging in any partisan political
activity or from taking part in the election except to
discharge their duties as such and to vote. (Sec. 173,
BP 881)
Officers or employees of the civil service are prohibited
from engaging directly or indirectly in any electioneering
or partisan political campaigns. (Art. IX-B, Sec. 2 (4),
1987 Constitution)
Members of the military are prohibited from engaging
directly or indirectly in any partisan political activity
except to vote. (Art. XVI, Sec. 5 (3), 1987 Constitution)
Campaign period
It is prohibited for any person, political party or association of
persons to engage in an election campaign or partisan political activity
except during the campaign period. Violation of this prohibition constitutes
an election offense. (Sec. 80, B.P. 881)
Lawful election propaganda
(Sec. 3, R.A. 9006)
The following are lawful election propaganda:
•
Pamphlets, leaflets, cards, decals, stickers, or other
written or printed materials the size of which does not
exceed 8 ½ inches in width and 14 inches in length;
•
Handwritten or printed letters urging voters to vote for
or against any particular political party or candidate for
public office;
•
Cloth, paper or cardboard posters, whether framed or
posted, with an area not
exceeding 2 feet by 3 feet.
NOTE: Streamers not exceeding 3 feet by 8 feet in size are
allowed at the site and on occasion of a public meeting or
rally or in announcing the holding of such meeting or rally.
Such streamers may be displayed 5 days before the date of
the meeting or rally and shall be removed within 24 hours
after said meeting or rally.
•
Paid advertisements in print or broadcast media. Such
advertisements must comply with the following
requirements:
•
Any published or printed political matter and any
broadcast of election propaganda by TV or radio
for or against a candidate or group of candidates
to any public office shall bear and be identified by
the reasonably legible or audible words “political
advertisement paid for” followed by the true and
correct name and address of the candidate or
party for whose benefit the election propaganda
79
was printed or aired. (Sec. 4.1, R.A. 9006)
•
•
•
If the broadcast is given free of charge by the
radio or TV station, it shall be identified by the
words "airtime for this broadcast was provided
free of charge by" followed by the true and correct
name and address of the broadcast entity. (Sec.
4.2, R.A. 9006)
Print, broadcast or outdoor advertisements donated
to the candidate or political party shall not be
printed, published, broadcast or exhibited without
the written acceptance by the said candidate or
political party. Such written acceptance must be
attached to the advertising contract and submitted
to the COMELEC within 5 days after its signing.
(Sec. 4.3, R.A. 9006, cf. Sec. 6.3, R.A. 9006)
All other forms of election propaganda not prohibited by
the Omnibus Election Code or the Fair Election Act of
2001.
Adiong v. COMELEC (207 SCRA 712)
In this case, the Supreme Court declared as unconstitutional
COMELEC Resolution No. 2347 insofar as it prohibits the posting of decals
and stickers on cars and other moving vehicles since it infringes on the
right to freedom of expression. The restriction is so broad as to include
even a citizen's privately-owned vehicle, which is equivalent to deprivation
of property without due process of law.
Prohibited Acts
It is prohibited:
For any foreigner:
•
•
•
to aid any candidate or political party, directly or
indirectly;
to take part or influence in any manner any election;
to contribute or make any expenditure in connection
with any election campaign or partisan political activity
For any person during the campaign period:
•
•
to remove, destroy, obliterate or in any manner deface
or tamper with lawful election propaganda;
to prevent the distribution of lawful election propaganda
For any candidate, political party, organization or any person:
•
•
to give or accept, directly or indirectly, free of charge,
transportation, food or drinks or things of value during
the five hours before and after a public meeting, on the
day preceding the election, and on the day of the
election;
to give or contribute, directly or indirectly, money or
things of value for such purpose.
Badoy v COMELEC (35 SCRA 285)
The prohibition against certain forms of election propaganda was
upheld as a valid exercise of police power, “to prevent the perversion and
prostitution of the electoral apparatus, and of the denial of due process of
law.”
Sanidad vs COMELEC ( 181 SCRA 529)
But this evil does not obtain in a plebiscite where the electorate
is asked to vote for or against issues not candidates.
Mass Media
Equal access to media time and space
All registered parties and bona fide candidates are guaranteed
equal access to media time and space under the Fair Election Act. To this
end, the COMELEC has the power to supervise the use and employment
of press, radio and television facilities insofar as the placement of political
advertisements is concerned to ensure that candidates are given equal
opportunities under equal circumstances to make known their qualifications
and their stand on public issues. Of course, such political advertisements
must be within the limits set forth in the Omnibus Election Code and R.A.
7166 on election spending.
Pursuant to such end:
• Print advertisements shall not exceed 1/4 page, in broadsheet and
1/2 page in tabloids thrice a week per newspaper, magazine,
or other publications, during the campaign period;
•Bona
fide candidates and registered political parties running for
nationally elective office are entitled to not more than 120
minutes of TV advertisement and 180 minutes of radio
advertisement whether by purchase or by donation;
•Bona
fide candidates and registered political parties running for
locally elective office are entitled to not more than 60 minutes
of TV advertisement and 90 minutes of radio advertisement
whether by purchase or by donation;
• Broadcast stations or entities are required to submit copies of their
broadcast logs and certificates of performance to the
COMELEC for the review and verification of the frequency,
date, time and duration of advertisement broadcast for any
candidate or political party;
• All mass media entities are required to furnish the COMELEC with
a copy of all contracts for advertising, promoting or opposing
any political party or the candidacy of any person for public
office within 5 days after its signing;
• No franchise or permit to operate a radio or TV station shall be
granted or issued, suspended or cancelled during the election
period.
Media practitioners
Moreover, media practitioners who are officials of a political party
or members of the campaign staff of a candidate or political party
prohibited from using their media time or space to favor any candidate or
political party. Media practitioners or personalities who are candidates for
any elective public office or are campaign volunteers for or employed or
retained in any capacity by any candidate or political party shall be deemed
resigned, if so required by their employer, or shall take a leave of absence
from their work as such during the campaign period.
Public exhibitions
No movie, cinematograph, or documentary portraying the life or
biography of a candidate shall be publicly exhibited in a theater, TV station
or any public forum during the campaign period. The same is true for
movies, cinematographs and documentaries portrayed by actors or media
personalities who are themselves candidates.
Rallies, meetings and other political activity
Application for permits to hold rally (Sec. 87, B.P. 881)
The holding of peaceful political rallies during the campaign
period is allowed. In order to hold rallies, political parties must follow the
requirements of local ordinances on the issuance of permits.
All
applications for permits to hold meetings, rallies and other similar political
activities must be immediately posted in a conspicuous place in the city or
municipal building, and the receipt thereof acknowledged in writing. Such
applications must be acted upon in writing by local authorities concerned
80
within 3 days after the filing thereof. If the application is not acted upon
within said period, it is deemed approved.
paramount.
(2)
The only justifiable ground for denial of the application for the
permit is that a prior written application by any candidate or political party
for the same purpose has been approved.
Denial of any application for said permit is appealable to the
provincial election supervisor or to the COMELEC whose decision shall be
made within 48 hours and which shall be final and executory.
Notification of election registrar (Sec. 88, B.P. 881)
The political party or candidate must notify the election registrar
of any rally. Within 7 working days, the political party or candidate must
submit to the election registrar the expenses incurred during the rally.
(3)
The COMELEC does not take over the operation of radio and
television stations, but only the allocation of airtime to the
candidates, to ensure equal opportunity, time and the right to
reply, as mandated by the Constitution.
There are substantial distinctions in the characteristics of the
broadcast media from those of the print media which justify
the different treatment accorded to each for purposes of free
speech, viz:
the physical limitations of the broadcast
spectrum, the uniquely pervasive presence of the broadcast
media in the lives of all Filipinos, and the earlier ruling that the
freedom of TV and radio broadcasting is somewhat lesser
than the freedom accorded to the print media.
COMELEC poster area (Sec. 9, R.A. 9006)
COMELEC space, poster area, time and information bulletin
COMELEC space
The COMELEC shall procure space in at least one newspaper of
general circulation in every province or city, or in the absence of such
newspaper, in any other magazine or periodical in said province or city,
which shall be known as “COMELEC Space.” COMELEC space shall be
allocated to the COMELEC upon payment of just compensation, and shall
be utilized exclusively by the COMELEC for public information
dissemination on election-related concerns. (Sec. 8, R.A. 9006)
Phil. Press Institute v. COMELEC
The Supreme Court declared sec. 2 of COMELEC Resolution
2722 compelling print media companies to donate “COMELEC Space” as
null and void. Sec. 2 does not constitute a valid exercise of the power of
eminent domain. The element of necessity for the taking has not been
shown by COMELEC. There is no showing that the members of the
Philippine Press Institute are unwilling to sell print space.
Furthermore, it has not been demonstrated that the COMELEC
has been granted the power of eminent domain by the Constitution or the
Legislature. In addition, sec. 2 does not constitute a valid exercise of
police power. First, there was no effort to show that police power was
constitutionally delegated to the COMELEC. Second, no attempt was
made to demonstrate that a real and palpable or urgent necessity for the
taking of print space confronted the COMELEC.
Thus, COMELEC cannot procure print space without paying just
compensation therefor.
COMELEC time
The COMELEC shall likewise air time in at least 1 major
broadcasting station or entity in every province or city, or in the absence of
such entity, in any radio or TV station in said province or city, which shall
be known as "COMELEC time." Such COMELEC time shall be allocated
to the COMELEC free of charge, and shall be utilized exclusively by the
COMELEC for public information dissemination on election-related
concerns. (Sec. 8, R.A. 9006)
Telecommunications and Broadcast Attorneys of the Philippines v.
COMELEC (289 SCRA 337)
In this case, which questioned the COMELEC's power under Sec. 92, BP
881 to require TV stations to give air time for candidates free of charge, the
Supreme Court held that such power is valid and constitutional, being an
exercise of the plenary police power of the State to promote the general
welfare. The Court gave the following reasons:
(1)
All broadcasting, whether by radio or TV, is licensed by the
government, and the franchise issued to a broadcast station is
always subject to amendment, alteration or repeal by
Congress when the common good requires. There is no
better measure for the common good than one for free airtime
for the benefit not only of the candidates but even more of the
public, particularly the voters, so that they will be informed of
the issues in an election, for after all, it is the right of the
viewers and listeners, not of the broadcasters, that is
The COMELEC may authorize political parties and party-list
groups to erect common poster areas for their candidates in not more than
10 public places such as plazas, markets, barangay centers and the like,
wherein candidates can post, display or exhibit propaganda. Such poster
areas shall not exceed 12 feet by 16 feet or its equivalent.
For independent candidates with no political parties, the size of
the common poster area must not exceed 4 feet by 6 feet or its equivalent.
COMELEC information bulletin (Sec. 93, B.P. 881)
The COMELEC shall cause the printing and supervise the
dissemination of bulletins which shall contain the picture, bio-data and
program of government of every candidate.
Any candidate can reprint these bulletins, provided it is an exact
replica and shall bear the candidate’s name who caused the reprint and the
printer’s name.
COMELEC official sample ballot (Sec. 185, B.P. 881, as amended by
R.A. 7904)
At least 30 days before an election, the COMELEC shall furnish
every registered voter with an unfilled official sample ballot, voter
information sheet, and a list of all registered national, provincial and city
candidates to be voted in the said election.
The information sheet shall include the voter's name, address, the
precinct and the place where he is registered, and simplified instructions as
to the casting of votes. The names of the candidates shall be listed in
alphabetical order under their respective party affiliation and a one-line
statement not to exceed 3 words of their occupation or profession.
Persons nominated under the party-list system shall likewise be included in
the above-mentioned list.
Public forum
(Sec. 9, R.A. 6646)
The COMELEC shall encourage non-political non-partisan
private or civic organization to initiate and hold in every city and
municipality, public for a at which all registered candidates for the same
office may simultaneously and personally participate to present, explain
and/or debate on their campaign platforms and programs and other like
issues.
The COMELEC shall promulgate the rules and regulations for
the holding of such to assure its non-partisan character and equality of
access thereto by all candidates.
Election surveys
(Sec. 5, R.A. 9006)
Election surveys, defined
Election surveys refer to the measurement of opinions and
perceptions of the voters as regards a candidate's popularity, qualifications,
platforms or a matter of public discussion in relation to the election,
81
including voters' preference for candidates or publicly discussed issues
during the campaign period.
Information required to be published in the survey
During the election period, any person, natural as well as
juridical, candidate or organization who publishes a survey must likewise
publish the following information:
•
•
•
•
•
•
The name of the person, candidate, party or organization
who commissioned or paid for the survey;
The name of the person, polling firm or survey organization
who conducted the survey;
The period during which the survey was conducted, the
methodology used, including the number of individual
respondents and the areas from which they were selected,
and the specific questions asked;
The margin of error of the survey;
For each question for which the margin of error is greater
than that reported above, the margin of error for that
question; and
A mailing address and telephone number, indicating it as
an address or telephone number at which the sponsor can
be contacted to obtain a written report regarding the survey
in accordance with Sec. 5.3 of R.A. 9006.
It must be noted that Sec. 5.4 which prohibits the publication of
surveys 15 days (for national candidates) or 7 days (for local candidates)
before an election was declared unconstitutional by the Supreme Court
upon a petition filed by the Manila Standard and Social Weather Station,
Inc. (SWS) The decision, which was penned by Justice V.V. Mendoza,
stated that the provision "constitutes an unconstitutional abridgment of
freedom of speech, expression and the press… as it imposes prior restraint
and therefore, a direct and total suppression of a category of expression
even for a limited period." (Exact title of case and citation not available as
of this writing. See front page of Philippine Star, May 6, 2001, for details.)
Exit polls
(Sec. 5.5, R.A. 9006)
Exit polls may only be taken subject to the following
requirements:
•
Pollsters shall not conduct their surveys within 50 meters from
the polling place, whether said survey is taken in a home,
dwelling place and other places;
•
Pollsters shall wear distinctive clothing;
•
Pollsters shall inform the voters that they may refuse to
answer; and
•
The result of the exit polls may be announced after the
closing of the polls on election day, and must clearly identify
the total number of respondents, and the places where they
were taken. Said announcement shall state that the same is
unofficial and does not represent a trend.
ABS-CBN v. COMELEC (January 28, 2000)
In this case, the Supreme Court held that exit polls are valid.
They do not violate the principle of secrecy of the ballot since such polls
are purely voluntary on the part of the voter and do not require him or her
to reveal his or her ballot.
ELECTION CONTRIBUTIONS & EXPENDITURES
Contributions
Contributions defined
(Sec. 94a, B.P. 881)
"Contribution” includes a gift, donation, subscription, loan,
advance or deposit of money or anything of value, or a contract, promise or
agreement to contribute, whether or not legally enforceable, made for the
purpose of influencing the results of the elections but shall not include
services rendered without compensation by individuals volunteering a
portion or all of their time in behalf of a candidate or political party.
It shall also include the use of facilities voluntarily donated by other
persons, the money value of which can be assessed based on the rates
prevailing in the area.
Prohibited contributions
(Sec. 95, B.P. 881)
No contribution for purposes of partisan political activity shall be
made directly or indirectly by any of the following:
• Public or private financial institutions. However, they are not
prohibited from making any loan to a candidate or political party
if:
(a) the financial institutions are legally in the business
of lending money,
(b)
the loan is made in accordance with laws and
regulations; AND,
(c)
the loan is made in the ordinary course of
business.
• Natural and juridical persons operating a public utility or in
possession of or exploiting any natural resources of the nation;
• Natural and juridical persons who hold contracts or sub-contracts
to supply the government or any of its divisions, subdivisions or
instrumentalities, with goods or services or to perform
construction or other works;
• Natural and juridical persons who have been granted franchises,
incentives, exemptions, allocations or similar privileges or
concessions by the government or any of its divisions,
subdivisions or instrumentalities, including GOCCs;
• Natural and juridical persons who, within 1 year prior to the date
of the election, have been granted loans or other
accommodations in excess of P100,000 by the government or
any of its divisions, subdivisions or instrumentalities including
GOCCs;
• Educational institutions which have received grants of public
funds amounting to no less than P100,000.00;
• Officials or employees in the Civil Service, or members of the
Armed Forces of the Philippines;
• Foreigners
and foreign corporations,
governments. (Sec. 96, BP 881)
including
foreign
It is unlawful for any person to solicit or receive any contribution
from any of the persons or entities enumerated.
Prohibited raising of funds
It is unlawful for any person to hold the following 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:
•
•
•
•
•
•
•
•
dances,
lotteries,
cockfights,
games,
boxing bouts,
bingo,
beauty contests,
entertainments, or cinematographic, theatrical or
82
other performances
It is unlawful 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.
(i)
For employment of counsel, the cost of which shall not
be taken into account in determining the amount of
expenditures which a candidate or political party may
have incurred;
(j)
For copying and classifying list of voters, investigating
and challenging the right to vote of persons registered in
the list; such costs shall not be taken into account in
determining the amount of expenses which a candidate
or political party may have incurred;
Note, however, that normal and customary religious stipends,
tithes, or collections on Sundays and/or other designated collection days,
are excluded from this prohibition.
(k)
For printing sample ballots in such color, size and
maximum number as may be authorized by the
COMELEC, such costs not to be taken into account in
determining the amount of expenses which a candidate
or political party may have incurred;
Expenditures
Expenditures defined
Persons authorized to incur expenditures
(Sec. 94b, BP 881)
“Expenditure" includes the payment or delivery of money of
anything of value, or a contract, promise or agreement to make an
expenditure, for the purpose of influencing the results of the election. It
shall also include the use of facilities personally owned by the candidate,
the money value of the use of which can be assessed based on the rates
prevailing in the area.
(Sec. 103, B.P. 881)
Only the following persons are permitted by law to make any
expenditure in support of or in opposition to any candidate or political party:
•
•
•
Limitations on expenditures
Expenditures duly authorized by the candidate or the treasurer of
the political party shall be considered as expenditures of such candidate or
political party. The authority to incur expenditures must:
(Sec. 13, R.A. 7166)
The aggregate amount that a candidate or registered political
party may spend for an election campaign shall be as follows:
For Candidates
•
•
•
President and Vice-President: P 10 for every voter
currently registered
Other Candidates: P 3 for every voter current registered
in the constituency where he filed his certificate of
candidacy
Candidates Without a Political Party:
voter
P 5 for every
For Political Parties
P 5 for every voter currently registered in the
constituency or constituencies where it has official
candidates
Lawful expenditures
(Sec. 102, B.P. 881)
No candidate or treasurer of a political party shall, directly or
indirectly, make any expenditure except for the following purposes:
(a) For
The candidate;
The treasurer of a political party;
Any person authorized by such candidate or treasurer.
traveling expenses of the candidates and
campaign personnel in the course of the campaign
and for personal expenses incident thereto;
(b) For
compensation
of
campaigners,
clerks,
stenographers, messengers, and other persons
actually employed in the campaign;
(c) For telegraph and telephone tolls, postage, freight and
express delivery charges;
(d)
For stationery, printing and distribution of printed matters
relative to candidacy;
(e)
For employment of watchers at the polls;
(f)
For rent, maintenance and furnishing of campaign
headquarters, office or place of meetings;
(g)
For political meetings and rallies and the use of sound
systems, lights and decorations during said meetings
and rallies;
(h)
For newspaper, radio, TV and other public
advertisements;
(1)
(2)
(3)
(4)
(5)
be in writing;
be signed by the candidate or the treasurer of the party;
show the expenditures so authorized;
state the full name and exact address of the person so
designated; and
be furnished the COMELEC.
Prohibited donations
(Sec. 104, B.P. 881)
No candidate, his or her spouse or any relative within the second
civil degree of consanguinity or affinity, or his campaign manager, agent or
representative shall during the campaign period, on the day before and on
the day of the election, directly or indirectly, make any donation,
contribution or gift in cash or in kind, or undertake or contribute to the
construction or repair of roads, bridges, school buses, puericulture centers,
medical clinics and hospitals, churches or chapels cement pavements, or
any structure for public use or for the use of any religious or civic
organization.
The same prohibition applies
representatives of any political party.
to
treasurers,
agents
or
Normal and customary religious dues or contributions, such as
religious stipends, tithes or collections on Sundays or other designated
collection days, as well as periodic payments for legitimate scholarships
established and school contributions habitually made before the prohibited
period, are excluded from the prohibition.
Duties of candidates and political parties
Accounting of contributions and expenditures
(Sec. 105, B.P. 881)
Every person receiving contributions or incurring expenditures by
authority of the candidate or treasurer of the party shall, on demand by the
candidate or treasurer of the party, render to the candidate or treasurer
concerned a detailed account thereof with proper vouchers or official
receipts. Such accounting must be given within 5 days after receiving such
contribution or incurring such expenditure.
Keeping of detailed records of contributions and expenditures
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Keeping of records
Every candidate and treasurer of the party shall keep detailed,
full, and accurate records of all contributions received and expenditures
incurred by him and by those acting under his authority, setting forth
therein all information required to be reported. (Sec. 106b, B.P. 881)
Issuance of receipt
Every candidate, treasurer of the political party, and person
acting under the authority of such candidate or treasurer has the duty to:
(1)
(2)
issue a receipt for every contribution received; and
keep a receipt stating the particulars of every expenditure
made.
Preservation of records
Records of contributions and expenditures must be preserved for
at least 3 years after the holding of the election to which they pertain, for
their production for inspection by the COMELEC or its duly authorized
representative, or upon presentation of a subpoena duces tecum duly
issued by the COMELEC.
Failure of the candidate or treasurer to preserve such records or
documents shall be deemed prima facie evidence of violation of this
provision of law. (Sec. 106c, B.P. 881)
Filing of Statement of Contributions and Expenditures
Duty to file
Within 30 days after election day, the candidate and the
treasurer of the political party must file with the COMELEC duplicate copies
of the full, true and itemized statement of all contributions and expenditures
in connection with the election. (Sec. 14, R.A. 7166)
This requirement to file the statement covers even those who
withdrew as candidates after having filed their certificates, because Sec. 14
of R.A. 7166 does not make any distinction. (Pilar v. COMELEC, 245
SCRA 759)
Duty of election registrar to advise candidates of their duty
It is the duty of the city or municipal election registrar to advise in
writing, either by personal delivery or by registered mail, within 5 days from
the election date, all candidates to comply with the obligation to file their
statements. (Sec. 14, R.A. 7166)
Form and contents of statement
The statement shall be in writing, subscribed and sworn to by the
candidate or by the treasurer of the party, shall be complete as of the date
next preceding the date of filing, and shall set forth in detail the following:
(a)
(b)
(c)
(d)
the amount of contribution, date of receipt, and the full
name and exact address of the person from whom the
contribution was received;
the amount of every expenditure, the date thereof, the
full name and exact address of the person to whom
payment was made, and the purpose of the expenditure;
any unpaid obligation, its nature and amount, and to
whom said obligation is owing; and
such other particulars which the COMELEC may require.
If the candidate or treasurer of the party has received no
contribution, made no expenditure, or has no pending obligation, the
statement shall reflect such fact. (Sec. 109, B.P. 881)
Effect of Failure to File
No person elected to any public office shall enter upon the duties
of his office until he has filed the statement of contributions and
expenditures. (Sec. 14, R.A. 7166) The same prohibition also applies if the
political party of the winning candidate fails to file the statement within the
required period
Failure to file the required statements or reports constitutes an
administrative offense. Offenders are liable to pay an administrative fine
ranging from P 1,000.00 to P 30,000.00. Such fine shall be paid within 30
days from receipt of notice of such failure; otherwise, the COMELEC shall
enforce the same by issuing a writ of execution against the properties of
the offender. The commission of a second or subsequent offense under
this section subjects the offender to an increased fine ranging from P
2,000.00 to P 60,000.00, and to a perpetual disqualification to hold office.
(Sec. 14, R.A. 7166)
Except: Candidates for elective barangay office
Pilar vs. COMELEC (245 SCRA 759)
The Supreme Court said that the requirement to file the
statement covers even those who WITHDREW as candidates after having
filed their certificates because sec 14, RA 7166 does not make any
distinction.
Duties of contractors, suppliers and business firms
Persons or firms to whom any electoral expenditure is made
have the duty to:
(a)
Require every agent of a candidate or of the treasurer of a
political party to present written authority to incur electoral
expenditures in behalf of such candidate or treasurer.
(b) Keep and preserve at its place of business for a period of 3
years after the date of the election copies of such written
authority, contracts, vouchers, invoices and other records
and documents relative to said expenditures, subject to
inspection by the COMELEC or its authorized
representative.
(c)
File with the COMELEC a report setting forth the full names
and exact addresses of the candidates, treasurers of
political parties and other persons incurring such
expenditures, the nature or purpose of each expenditure,
the date and costs thereof, and such other particulars as
the COMELEC may require within 30 days after the day
of the election. The report shall be signed and sworn to
by the supplier or contractor, or by the president or general
manager in case of a business firm. (Sec. 112, B.P. 881)
Repeal of Sec. 105-112 of B.P. 881 as election offenses
Prior to R.A. 7166, failure to comply with the duties imposed by
Sec. 105-112 of B.P. 881 constituted election offenses that were
punishable under Art. 262 of B.P. 881. However, Sec. 39 of R.A. 7166
repealed the inclusion of said provisions as election offenses, with such
repeal to have retroactive effect.
THE ELECTION PROPER
IN GENERAL
What constitutes an election
An election is constituted when there is a plurality of votes
sufficient for a choice conditioned on the plurality of valid votes or a valid
constituency regardless of the actually number of votes cast. Otherwise,
there would be no winner.
It is not necessary that a majority of voters should have elected
the winning candidate. Even if a candidate wins due to a minority vote, if
the election is lawfully held, a plurality of the majority is sufficient.
Those who did not vote are assumed to assent to the action of
those who voted.
Failure of elections
84
Grounds for declaration of failure of elections
However, in case of such vacancy in the Senate, the special
election shall be held simultaneously with the succeeding regular election.
In the case of Joseph Peter Sison v. COMELEC (G.R. No.
134096, March 3, 1999), the Supreme Court said that there are only 3
instances where a failure of elections may be declared, namely:
CASTING OF VOTES
Secrecy of the Ballot
(1) The election in any polling place has not been held on the
date fixed on 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; and
(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.
The causes for the declaration of a failure of election may occur
before or after the casting of votes or on the day of the election. (Sec. 4,
R.A. 7166)
The distinguishing feature of this mode of voting, is that every
voter is thus enabled to secure and preserve the most complete and
violable secrecy in regard to the person for whom he votes, and thus
escapes the influences which, under the system of oral suffrages, may be
brought to bear upon him with a view to overbear and intimidate, and thus
prevent the real expression of public sentiment.
A legal voter will not be compelled to disclose for whom he
voted. Moreover, third persons are not permitted to testify to its purport.
The voter may, however, if he chooses, waive his privilege of
secrecy and voluntarily disclose the contents of his ballot. Thus, it was
held in the case of ABS-CBN v. COMELEC (January 28, 2000) that exit
polls are valid since they are voluntary and do not require a voter to reveal
the contents of his or her ballot if he or she does not want to.
Method of voting
Voter must vote in person.
How declared
The declaration of a failure of election is decided by the
COMELEC en banc by a majority vote of its members. (Sec. 4, R.A. 7166)
Procedure for declaration of failure of elections shall be
discussed in the last part of this reviewer.
Holding or continuation of election
The COMELEC shall call for the holding or continuation of the
election on a date reasonably close to the date of the election not held,
suspended, or which resulted in a failure to elect but not later than 30 days
after the cessation of the cause of such suspension or failure to elect.
(Sec. 6, B.P. 881)
Postponement of elections
Grounds for postponement of elections
An election may be postponed by the COMELEC either motu
proprio or upon a verified petition by any interested party when there is
violence, terrorism, loss or destruction of election paraphernalia or records,
force majeure, or other analogous cause of such a nature that the holding
of a free, orderly and honest election becomes impossible in any political
subdivision. (Sec. 5, B.P. 881)
How declared
The declaration of a postponement of election is decided by the
COMELEC en banc by a majority vote of its members. (Sec. 4, R.A. 7166)
Holding of election
The COMELEC shall call for the holding of the election on a date
reasonably close to the date of the election not held, suspended, or which
resulted in a failure to elect but not later than 30 days after the cessation of
the cause for such postponement or suspension of the election or failure to
elect. (Sec. 5, B.P. 881)
Special election
(Sec. 4, R.A. 7166)
In case a permanent vacancy occurs in the Senate or House of
Representatives at least 1 year before the expiration of the term, the
COMELEC shall call and hold a special election to fill the vacancy not
earlier than 60 days nor longer than 90 days after the occurrence of the
vacancy.
The voter must personally deposit his ballot.
By the principle that what is done in one’s presence and by his
express direction is, in law, his act, an infirm or aged voter may
undoubtedly employ another to perform the mechanical act of depositing in
the voter’s presence the ballot which the latter has himself selected.
Voter must vote but once.
Each voter shall vote but once, at any election, for each office or
measure to be voted for.
Voter need not vote the whole ticket.
It is entirely optional with the voter whether he will vote at all or
not, and he may vote for such offices as he chooses and for such of the
several persons to be chosen to the same office as he prefers.
Absentee Voting
Under RA 7166, absentee voting as provided for in EO 157 shall
apply to the elections for President, Vice-President, and Senators ONLY
and shall be limited to:
•
•
•
members of the AFP
members of the PNP
other government officers and employees
who are duly registered voters and who, on election day, may temporarily
be assigned in connection with the performance of their election duties to
places where they are not registered voters.
Block Voting
There is no longer block voting under current Philippine Election
Laws, having been expressly prohibited by Art. IX-C, Sec. 7 of the 1987
Constitution.
However, it must be noted that under the party-list system, votes
may be counted in favor of political parties, organizations or coalitions
rendered under said system. This, in a way, may be construed as the
exception to the prohibition on block voting.
Voting Hours
GENERAL RULE: The casting of votes shall be at 7 a.m. and
shall end at 3 p.m.
85
EXCEPTION: When there are voters present within 30 meters in
front of the polling place who have not yet cast their votes, in which
case the voting shall continue but only to allow said voters to cast
their votes without interruption. The poll clerk shall prepare a
complete list containing the names of said voters consecutively
numbered, and the voters so listed shall be called to vote by
announcing each name repeatedly three times in the order in
which they are listed. Any voter in the list who is not present when
his name is called out shall not be permitted to vote.
Board of Election Inspectors
At least 30 days before the date when the voters list is to be
prepared, in the case of a regular election or 15 days before a special
election, the COMELEC shall, directly or through its duly authorized
representatives, constitute a board of election inspectors for each precinct.
the municipality BY unanimous vote of the board and concurred in by the
majority of the watchers present IF there is imminent danger of violence,
terrorism, disorder or similar causes.
The BEI shall act through its Chariman, and shall decide
without delay by majority vote all questions which may arise in the
performance of its duties.
Prohibitions on the Board of Election Inspectors
No member of the Board shall, before the termination of the
voting, make any announcement as to whether a certain registered voter
has already voted or not, as to how many have already voted or how many
so far have failed to vote, or any other fact tending to show or showing the
state of the polls, nor shall he make any statement at any time as to how
any person voted, except as witness before a court. (Sec. 205, BP 881)
Watchers
Composition
The Board of Election Inspectors is composed of three (3)
persons, namely:
•
•
•
chairman
poll clerk
member
The entire Board shall be composed of public school teachers,
priority to be given to those with permanent appointments. (Sec. 164, BP
881, as amended by Sec. 13, R.A. 6646) However, in case there are not
enough public school teachers, the following may be appointed for election
duty:
•
•
•
teachers in private schools;
employees in the civil service; or
other citizens of known probity and competence
who are registered voters of the city or
municipality
Qualifications
1) public school teachers
2) be of good moral character and irreproachable reputation
3) a registered voter of the City or municipality
4) never been convicted of any election offense or any other crime
punishable by more than 6 months imprisonment
5) able to speak and write English or the local dialect
Disqualifications
1)
2)
must not be related within the 4th civil degree by consanguinity or
affinity to any member of the BEI or to any candidate to be voted
for in the polling places
must not engage in any partisan political activity
Each candidate and each political party or coalition of political
parties duly registered with the Commission including those participating
under the party list system of representation, may appoint two watchers, to
serve alternately, in every polling place.
However,
candidates
for
Sangguniang
Panlalawigan,
Sangguniang Lunsod and Sangguniang Bayan, belonging to the same
ticket or slate shall collectively entitled to 1 watcher.
Duly accredited citizens’ arms of the Commission, shall be
entitled to appoint a watcher in every polling place. Other civic, religious,
professional, business, service, youth, and other similar organization, with
prior authority from the Commission, shall be entitled collectively, to
appoint 1 watcher in polling place.
Qualifications:
1) Qualified voter of the city or municipality
2) Good reputation
3) Never been convicted of any election offence or any crime
4) Knows how to read and write English, Pilipino or any of the
prevailing local dialects
5)
Not related within the 4th civil degree by consanguinity or affinity
to any member of the BEI in the polling place where he seeks
appointment as watcher.
Rights and duties:
1) Stay in the space reserved for then inside the polling place
2) Witness and inform themselves of the proceedings of the BEI
3) Take notes, photographs of proceedings
4) File protests against any irregularities or violation of law
5)
Be furnished with a certificate of the number of votes cat for each
candidate, duly signed and thumb marked by the members of the
BEI.
Powers of the Board of Election Inspectors (Sec. 168, BP 881)
CASTING OF VOTES
The board of election inspectors shall have the following powers
and functions:
Authentication of the ballot
•
Conduct the voting and counting of votes in their respective
polling places;
In every case, before delivering an official ballot to the voter, the
chairman of the Board of Election Inspectors shall affix his signature at the
back of the ballot in the presence of the voter.
•
Act as deputies of the Commission in the supervision and
control of the election in the polling places wherein they are
assigned, to assure the holding of the same in a free,
orderly and honest manner;
Failure to authenticate shall be noted in the minutes of the Board
of Election Inspectors and shall constitute an election offense. (Sec. 24,
R.A. 7166)
•
Perform such other functions prescribed by the Omnibus
Election Code or by the rules and regulations promulgated
by the COMELEC
Proceedings
There is nothing in the law that provides that a ballot which has
not been authenticated shall be deemed spurious. The law merely makes
the Chairman of the Board of Election Inspectors accountable for such an
omission. (Libanan v. HRET, G.R. No. 129783, December 22, 1997)
Thus, it was held in Punzalan v. COMELEC (289 SCRA 702) that the ballot
is valid even if it is not signed at the back by the BEI Chairman.
Shall be public and held only in the polling places.
Exception: the counting of the votes and the preparation of the
return may be done in the nearest safe baranggay or school building within
Preparing the ballot and voting
(1)
The voter, upon receiving his folded ballot, shall
86
forthwith proceed to one of the empty voting booths and shall there
fill his ballot by writing in the proper space for each office the name
of the individual candidate for whom he desires to vote.
No voter shall be allowed:
•
•
•
to enter a booth occupied by another, nor enter
the same accompanied by somebody, except
as provided for in the succeeding section
hereof;
•
•
The spoiled ballot shall, without being
unfolded and without removing the detachable
coupon, be distinctly marked with the word "spoiled"
and signed by the board of election inspectors on
the endorsement fold thereof and immediately
placed in the compartment for spoiled ballots.
to stay therein for a longer time than necessary
(2) After the voter has filled his ballot he shall fold it in the same
manner as when he received it and return it to the chairman.
to speak with anyone other than as herein
provided while inside the polling place.
(3) In the presence of all the members of the board of election
inspectors, he shall affix his thumbmark on the corresponding space
in the coupon, and deliver the folded ballot to the chairman.
It shall be unlawful:
•
•
•
•
No voter shall change his ballot more than once.
(Sec. 14, R.A. 8436)
to prepare the ballot outside the voting booth;
to exhibit its contents to any person
to erase any printing from the ballot
to intentionally tear or deface the same or put
thereon any distinguishing mark;
to use carbon paper, paraffin paper, or other means
for making a copy of the contents of the ballot;
to make use of any other means to identify the vote
of the voter.
Preparation of Ballots for Illiterates and Disabled Persons (Sec.
196, B.P. 881)
No voter shall be allowed to vote as an illiterate or as a physically
disabled unless it is so indicated in his registration record.
A voter who is illiterate or physically unable to prepare the ballot
by himself may be assisted in the preparation of his ballot by the
following:
(a)
a relative by affinity or consanguinity within the fourth
civil degree, or
(b)
if (a) is not available, then any person of his
confidence who belongs to the same household; or
(c)
any member of the board of election inspectors.
In no case shall an assistor assist more than 3 times.
The person assisting shall:
•
prepare the ballot for the illiterate or disabled voter
inside the voting booth;
•
bind himself in a formal document under oath to fill
out the ballot strictly in accordance with the
instructions of the voter and not to reveal the
contents of the ballot prepared by him.
A violation of these 2 duties shall constitute an election
offense.
Spoiled Ballots
If a voter should accidentally spoil or deface a ballot
in such a way that it cannot lawfully be used, he
shall surrender it folded to the chairman who shall
note in the corresponding space in the voting record
that said ballot is spoiled. The voter shall then be
entitled to another ballot which the chairman shall
give him after announcing the serial number of the
second ballot and recording the serial number in the
corresponding spaces in the voting record.
(4) The chairman, in the presence and view of the voter and all
the members of the board of election inspectors, without unfolding
the ballot or seeing its contents, shall verify its number from the
voting record where it was previously entered.
Any ballot whose number does not coincide with the
number of the ballot delivered to the voter, as
entered in the voting record, shall be considered as
spoiled and shall be so marked and signed by the
members of the board of election inspectors.
(5)
The voter shall affix his thumbmark by the side of his
signature in the space intended for that purpose in the voting record
and the chairman shall apply silver nitrate and commassie blue on
the right forefinger nail or on any other available finger nail, if there
be no forefinger nail.
(6)
The chairman shall sign in the proper space beside the
thumbmark of the voter.
Note that the absence of the signature of the
chairman in the ballot given to a voter as proof of
the authenticity of the ballot, is fatal.
(7) The chairman, after finding everything to be in order, shall
then detach the coupon in the presence of the board of election
inspectors and of the voter and shall deposit the folded ballot in the
compartment for valid ballots, and the detached coupon in the
compartment for spoiled ballots.
Any ballot returned to the chairman whose
detachable coupon has been removed not in the
presence of the board of election inspectors and
of the voter, shall be considered as spoiled and
shall be so marked and signed by the members
of the board of election inspectors.
(8) The voter shall then depart.
Challenge of Illegal Voters
(Sec. 199, B.P. 881)
Any voter or watcher may challenge any person offering to vote
for not being registered, for using the name of another or suffering from
existing disqualification. In such case, the board of election inspectors shall
satisfy itself as to whether or not the ground for the challenge is true by
requiring proof of registration or the identity of the voter.
No voter shall be required to present his voter's affidavit on
election day unless his identity is challenged. His failure or inability to
produce his voter's affidavit upon being challenged, shall not preclude him
from voting if his identity be shown from the photograph, fingerprints, or
specimen signatures in his approved application in the book of voters or if
he is identified under oath by a member of the board of election inspectors
and such identification shall be reflected in the minutes of the board.
Challenge Based on Certain Illegal Acts (Sec. 200, B.P. 881)
87
•
Any voter or watcher may challenge any voter offering to vote on any of the
following grounds:
•
that the challenged person has received or expects
to receive, has paid, offered or promised to pay,
has contributed, offered or promised to contribute
money or anything of value as consideration for his
vote or for the vote of another;
•
that he has made or received a promise to
influence the giving or withholding of any such vote;
or
•
that he has made a bet or is interested directly or
indirectly in a bet which depends upon the result of
the election.
The challenged person shall take a prescribed oath before the
board of election inspectors that he has not committed any of the acts
alleged in the challenge. Upon the taking of such oath, the challenge shall
be dismissed and the challenged voter shall be allowed to vote, but in case
of his refusal to take such oath, the challenge shall be sustained and he
shall not be allowed to vote.
Copies of this statement after being duly accomplished shall be sealed in
separate envelopes and shall be distributed as follows:
•
•
•
Records or Statements to be Prepared and Kept
Record of Challenges and Oaths
The poll clerk shall keep a prescribed record of challenges and
oaths taken in connection therewith and the resolution of the board of
election inspectors in each case and, upon the termination of the voting,
shall certify that it contains all the challenges made.
The original of this record shall be attached to the original copy
of the minutes of the voting as provided in the succeeding section. (Sec.
202, B.P. 881)
Minutes of Voting and Counting of Votes
The board of election inspectors shall prepare and sign a
statement in four copies setting forth the following:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
time the voting commenced and ended;
serial numbers of the official ballots and
election returns, special envelopes and seals
received;
number of official ballots used and the number
left unused;
number of voters who cast their votes;
number of voters challenged during the voting;
names of the watchers present;
time the counting of votes commenced and
ended;
number of official ballots found inside the
compartment for valid ballots;
number of valid ballots retrieved from the
compartment for spoiled ballots, if any;
number of ballots found folded together, if any;
number of spoiled ballots withdrawn from the
compartment for valid ballots;
number of excess ballots;
number of marked ballots;
number of ballots read and counted;
time the election returns were signed and
sealed in their respective special envelopes;
number and nature of protests made by
watchers;
the original to the city or municipal election
registrar;
the second copy to be deposited inside the
compartment for valid ballots of the ballot box;
the third and fourth copies to the
representatives of the accredited political
parties. (Sec. 203, B.P. 881)
List of Unused Ballots
The chairman of the board of election inspectors shall prepare a
list showing the number of unused ballots together with the serial numbers.
This list shall be signed by all the members of the board of
election inspectors, after which all the unused ballots shall be torn halfway
in the presence of the members of the board of election inspectors. (Sec.
204, B.P. 881)
COUNTING OF VOTES
Non-conclusiveness of admission of challenged vote (Sec. 201, B.P.
881)
It must be noted that the admission of the challenged vote shall
not be conclusive upon any court as to the legality of the registration of the
voter challenged or his vote in a criminal action against such person for
illegal registration or voting.
such other matters that the Commission may
require.
The counting of votes is conducted by the Board of Election
Inspectors, which shall not adjourn or postpone or delay the count until it
has been fully completed, unless otherwise ordered by the COMELEC.
Counting proper
Counting to be Public and Without Interruption
As soon as the voting is finished, the board of election inspectors
shall publicly count in the polling place the votes cast and ascertain the
results. The Board shall not adjourn or postpone or delay the count until it
has been fully completed, unless otherwise ordered by the COMELEC.
Venue for counting of votes
The COMELEC in the interest of free, orderly, and honest
elections, may order the board of election inspectors to count the votes and
to accomplish the election returns and other forms prescribed under the
Omnibus Election Code in any other place within a public building in the
same municipality or city. The public building shall not be located within
the perimeter of or inside a military or police camp or reservation nor inside
a prison compound.
If it becomes necessary to transfer the counting of votes to a
safer place on account of imminent danger of violence, terrorism, disorder
or similar causes, the Board of Election Inspectors may effect such transfer
by unanimous approval by the Board and concurrence by the majority of
the watchers present. (Sec. 18, R.A. 6646)
Manner of Counting Votes
1.
The board of election inspectors shall unfold the ballots
and form separate piles of one hundred ballots each,
which shall be held together with rubber bands, with
cardboard of the size of the ballots to serve as folders.
2.
The chairman of the board of election inspectors shall
take the ballots of the first pile one by one and read the
names of candidates voted for and the offices for which
they were voted in the order in which they appear
thereon, assuming such a position as to enable all of
the watchers to read such names.
3.
The chairman shall sign and affix his right hand
thumbmark at the back of the ballot immediately after it
is counted.
4.
The poll clerk, and the third member, respectively, shall
record on the election returns and the tally board or
sheet each vote as the names voted for each office are
88
read. (The election returns are mandated by law to be
prepared simultaneously with the counting of the votes.)
of evidence aliunde clearly showing the intention or plan was for purposes
of identification, signs on ballots are presumed accidental.
After finishing the first pile of ballots, the board of
election inspectors shall determine the total number of
votes recorded for each candidate, the sum being noted
on the tally board or sheet and on the election returns.
In case of discrepancy such recount as may be
necessary shall be made. The ballots shall then be
grouped together again as before the reading.
Thereafter, the same procedure shall be followed with
the second pile of ballots and so on successively.
A majority vote of the board of election inspectors shall be
sufficient to determine whether a ballot is marked or not.
6.
After all the ballots have been read, the board of
election inspectors shall sum up the totals recorded for
each candidate, and the aggregate sum shall be
recorded both on the tally board or sheet and on the
election returns.
Non-official ballots which the board of election inspectors may
find, EXCEPT those which have been used as emergency ballots, are
considered as marked ballots. Other examples of marked ballots include
the following:
7.
It shall then place the counted ballots in an envelope
provided for the purpose, which shall be closed signed
and deposited in the compartment for valid ballots.
8.
The tally board or sheet as accomplished and certified
by the board of election inspectors shall not be changed
or destroyed but shall be kept in the compartment for
valid ballots.
5.
All marked ballots shall be placed in an envelope labeled
"marked ballots" which shall be sealed and signed by the members of the
board of election inspectors and placed in the compartment for valid ballots
and shall not be counted.
Instances of Marked Ballots
•
Where 170 ballots were voted for in the same manner and there is
evidence aliunde to prove that such manner of voting was
planned.
•
Where the name of 1 candidate is clearly and markedly indented
to the right to make the ballot easily distinguishable.
•
Use of two or more kinds of writing deliberately put by the voter to
serve as identification marks.
•
Writing the name of a person who is not a candidate 3 times on 3
spaces provided for in different offices.
•
Expressions opposite the space for candidates written for the
purpose of identification.
•
The inclusion of the names of 2 well-known movie stars who were
not candidates.
•
Writing the name of a registered voter who is not a candidate.
•
The placing, without explanation of initials, after the corrected
names of candidates for mayor and vice-mayor.
•
Placing a big letter “X” immediately after the name of a candidate
for councilor.
Marked ballots defined
•
The capital letter “N” opposite the printed words for senators.
Marked ballots are ballots containing a distinguishing mark which
would tend to identify the voter who cast such ballot.
•
Writing the word “sinador” in a place far and separate from the
proper spaces for candidates.
Purpose of Disallowing Marked Ballots
•
Writing impertinent, irrelevant and unnecessary expression
Some unscrupulous persons taking advantage of their influence
or political prestige may require voters to place a distinguishing “mark” on
their ballot, in consideration of some promise, reward or other valuable
consideration and to which the voters would have no escape because of
the distinguishing marks required of them to place on their ballots. This
threatens the independence of the voters in the exercise of their right to
vote. Hence, the prohibition on marked ballots.
•
Placing the fingerprint of the voter without reason.
•
The presence of an arrow together with the words “and party”.
Effect of Marked Ballots
•
Writing the word “sorry” after the name of a candidate as an
expression of regret for committing a mistake.
•
Canceling names and re-writing them to conform with a sample
ballot.
•
Misspelling the name of a candidate.
•
Illegible writings, being imprints of other names written on the
ballot caused by the folding of the same.
•
Writing crosses and circles signifying the desistance of the voter to
write any other name.
•
Writing a word before the name of a candidate as an appellation of
affection or friendship.
Duties of the Board of Election Inspectors in Counting the Votes
The board’s duties are confined to the conduct of the elections
and the counting of votes. The board of election inspectors does not decide
the eligibility of candidates, and therefore has no authority to ignore the
votes for a candidate who has filled out his certificate of candidacy in the
proper form.
Counting should be liberal to effectuate the will of the electorate.
Voters should not be disenfranchised for technical causes.
It is the duty of the board of election inspectors to issue a
certificate of the number of the votes received by a candidate upon request
of the watchers. All the members of the board of election inspectors shall
sign the certificate.
Marked Ballots
Marked ballots are invalidated in their entirety, and none of the
votes therein are counted.
Instances when Ballot is not Considered Marked
The following ballots have been considered NOT marked:
Determination of Marked Ballots
In discounting marked ballots, great care should be used in
rejecting them. Election laws are designed to effectuate the will of the
electorate. Only in an unmistakable case where the ballot appeared to be
marked, should it be rejected.
The determinative factor in the nullification of ballots for being
marked as following a design or pattern, is the existence of evidence
aliunde tending to show the intention or purpose in the use of the contested
manner or means of voting, which is to identify the ballots. In the absence
89
Vote for a candidate who
disqualified by final judgment
•
Affixing the nickname of a candidate.
•
Innocent erasures in the spaces for the candidates.
•
Corrected name written over the canceled one on the space for
councilor although he is a candidate for mayor.
•
Mistakes in writing names of local candidates in spaces for
senators and writing again the names of his candidates for
councilors in the proper spaces.
•
Unintentional, accidental, unintelligible marks or words.
•
Accidental placing of a stain.
•
Voting names of non-candidates in the absence of evidence that
these names were used as identifying marks.
Appreciation of Ballots
Guiding Principles in the Appreciation of Ballots
DOUBTS are to be resolved in FAVOR of the validity of ballots.
The purpose is of election laws is to give effect and not to frustrate the
WILL of the voter.
LIBERAL CONSTRUCTION in reading the ballots, and
intendments should be in favor of a reading which render the ballot
EFFECTIVE rather than in favor of a conclusion which on some technical
grounds would render it ineffective.
Minor blemishes should not affect the validity of the ballot where
the intention of the voter to vote for certain persons is discernible in the
ballot.
Errors in spelling, honest mistakes due to ignorance or illiteracy
should not defeat the intention of the voter. However, if the ballot is so
defective as to fail to show any intention, it must be disregarded.
Sanchez vs. COMELEC ( 153 SCRA 67)
Appreciation of ballots is a function of the BEI, not the Board of
Canvassers.
Bautista vs. Castro ( 206 SCRA 305)
In appreciating a ballot, the object should be to ascertain and
carry into effect the intention of the voter if it can be determined with
reasonable certainty.
has
been
Only
candidates’
FIRST
NAME
or
SURNAME is written, and there is NO other
candidate with the same first name or
surname for the same office
Vote for the candidate is
valid
Only candidates’ FIRST NAME is written
which when read has a SOUND SIMILAR to
the SURNAME of another candidate
Vote counted in favor of
the candidate with such
SURNAME
If there are 2 or more candidates with the
SAME FULL NAME, FIRST NAME or
SURNAME, and one of them is the
INCUMBENT, and on the ballot is written
ONLY such full name, first name or surname
Vote counted
INCUMBENT
Woman candidate uses her MAIDEN NAME
or MARRIED NAME or BOTH, and there is
another
candidate
with
the
SAME
SURNAME
A ballot bearing only such
surname shall be counted
in favor of the candidate
who is an INCUMBENT.
2 or more words are written on the SAME
LINE on the ballot, and ALL of which are the
SURNAMES of 2 or MORE CANDIDATES
Vote shall NOT be counted
for any of them UNLESS
one is the surname of the
incumbent who has served
for at least 1 year –
counted
for
the
INCUMBENT
2 or more words are written on DIFFERENT
LINES on the ballot, ALL of which are the
SURNAMES of 2 MORE CANDIDATES
bearing the same surname for an OFFICE of
r which the law authorizes the election of
MORE THAN ONE and there are the SAME
NUMBER of such SURNAMES written as
there are candidates with that surname
Vote counted in favor of
ALL CANDIDATES bearing
the surname
1 word is written on the ballot which is the
FIRST NAME of a candidate and which is
also the SURNAME of his opponent
Vote counted for the
OPPONENT (SURNAME)
2 words written on the ballot, 1 of which is
the FIRST NAME of the candidate and the
other is the SURNAME of his opponent
Vote shall NOT be counted
for either
Name
or
surname
INCORRECTLY
WRITTEN which when READ has a SOUND
SIMILAR to the name or surname of a
candidate when correctly written
(Idem
sonans rule)
Vote counted in favor of
such a candidate
Rules for Appreciation of Ballots (Sec. 211, BP 881)
HOW COUNTED
Ballots containing the name of a candidate
affixed thereto through any MECHANICAL
process
Totally VOID
Ballot clearly appears to have been FILLED
by 2 DIFFERENT PERSONS before
deposited in ballot box
Totally VOID
Ballot written with CRAYON, LEAD PENCIL
or INK, wholly or in part
Valid
INITIALS only or ILLEGIBLE or does NOT
sufficiently identify the candidate for whom it
is intended
Considered as a STRAY
vote BUT shall NOT
invalidate the whole ballot
Vote for a person who has not filed a
certificate of candidacy or in favor of a
candidate for an office for which he did not
present himself
Considered as a STRAY
vote BUT shall NOT
invalidate the whole ballot
for
the
Vote shall be counted for
the candidate for the office
for which he is running for.
Every ballot shall be PRESUMED VALID UNLESS there is clear and good
reason to reject it.
BALLOT
Considered as a STRAY
vote but shall not invalidate
the whole ballot
Name or surname of a candidate appears in
the space of the ballot for an office for which
he is a candidate and for an office for which
he is NOT a candidate
Vote for the office for which
he is NOT a candidate
shall be considered a
STRAY vote EXCEPT
when it is used to identify
the voter in which case the
whole ballot is VOID.
Name of a candidate is NOT written in the
PROPER SPACE on the ballot but is
PRECEDED by the name of the OFFICE for
which he is a candidate
Vote counted
candidate
Words written on the APPROPRIATE
BLANK on the ballot is the IDENTICAL
NAME or SURNAME or FULL NAME of 2 or
MORE candidates for the SAME OFFICE,
none of whom is the incumbent
Vote counted in favor of
that candidate to whose
ticket belong all the other
candidates voted for in the
same ballot for the same
constituency.
PREFIXES such as "Sr.", "Mr.", "Datu",
PREFIXES
for
the
AND
90
"Don", "Ginoo", "Hon.", "Gob." or SUFFIXES
like "Hijo", "Jr.", "Segundo"
SUFFIXES are valid
CIRCLES, CROSSES, LINES on spaces
which the voter has not voted
Considered as signs of his
desistance from voting and
shall NOT invalidate the
ballot
Space in the ballot appears a NAME of a
candidate that is ERASED and another
CLEARLY WRITTEN
Vote counted for the one
CLEARLY WRITTEN
ACCIDENTAL tearing or perforation of the
ballot
Shall NOT annul it
Failure to remove the
COUPON from the ballot
Shall NOT annul the ballot
DETACHABLE
Erroneous
initial
of
FIRST
NAME
accompanied by CORRECT SURNAME of
the candidate
Shall NOT annul the vote
Erroneous initial of SURNAME accompanied
by CORRECT FIRST NAME of the
candidate
Shall NOT annul the vote
Erroneous MIDDLE INITIAL
Shall NOT annul the vote
The fact that there exists another person
who is NOT a candidate with the same first
name or surname of a candidate
Shall NOT annul the vote
COMMAS, DOTS, HYPHENS between the
first name and surname of the candidate or
on other parts of the ballot
Traces of letter “T” or “J” or similar ones
First letters or syllables of names which the
voters does not continue
UNINTENTIONAL
or
flourishes, strokes, strains
Note that a vote for the President is no longer considered a vote
for the Vice-President running under the same ticket as the 1987
Constitution already prohibits block voting. (Although the party-list system
may be deemed as an exemption to that prohibition.)
Election Returns
Definition
The election returns are the official document containing the date
of the election, the province, municipality and the precinct in which it is
held, and the votes received by each candidate written in figures and in
words. It is the document on which the Certificates of Canvass are based,
and is the only document that constitutes sufficient evidence of the true
and genuine results of the elections. (See Garay v. COMELEC, 261
SCRA 222)
Number of Copies and Their Distribution
(Sec. 27, R.A. 7166, as amended by R.A. 8045 and R.A. 8173)
Shall NOT invalidate the
ballot UNLESS it clearly
appears that they were
deliberately put by the
voter as IDENTIFICATION
marks in which case, the
ballot is VOID
The board of election inspectors shall prepare in their
handwriting the returns in their polling places, in the number of copies
herein provided and in the form to be prescribed and provided by the
COMELEC.
In the election of President, Vice-President, Senators, and
Members of the House of Representatives, the copies of the election
returns shall be distributed as follows:
1st Copy:
2nd Copy:
3rd Copy:
4th Copy:
5th Copy:
6th Copy:
7th Copy:
ACCIDENTAL
NICKNAMES and APPELATIONS
of
affection and friendship accompanied by the
FIRST NAME or SURNAME of the
candidate
Shall NOT annul the vote
EXCEPT when such is
used to identify the voter in
which case, the whole
ballot is VOID
NICKNAME used is one by which the
candidate is generally or POPULARLY
KNOWN
in
the
locality
and
UNACCOMPANIED by a first name or
surname of the candidate
Vote counted for
candidate IF there is
other candidate for
SAME OFFICE with
SAME NICKNAME
CORRECTLY written FIRST NAME of the
candidate with a DIFFERENT SURNAME
Vote NOT counted in favor
of any candidate having
such first name BUT the
ballot is considered valid
for other candidates
2 or more candidates are voted for an office
which the law authorizes election of only
ONE
Vote NOT counted in favor
of any of them BUT the
ballot is considered valid
for other candidates
Candidates voted for EXCEED the number
of those to be elected
Valid ballot BUT the votes
counted are those names
which
were
FIRST
WRITTEN by the voter
until the authorized number
is covered
Ballots totally written in ARABIC in localities
where it is of GENERAL USE
VALID (to read such
ballots, the board of
election inspectors can use
an interpreter who has
shall taken an oath to read
them correctly)
the
no
the
the
City or municipal board of canvassers
Congress, directed to the Senate President
COMELEC
Dominant majority party, as determined by the COMELEC
Dominant minority party, as determined by the COMELEC
Citizens' arm authorized by the COMELEC to conduct an
unofficial count
Deposited inside the compartment of the ballot box for valid
ballots
In the election of local officials, the copies of the election returns
shall be distributed as follows:
1st Copy:
2nd Copy:
3rd Copy:
4th Copy:
5th Copy:
6th Copy:
7th Copy:
City or municipal board of canvassers
COMELEC
Provincial board of canvassers
Dominant majority party, as determined by the COMELEC
Dominant minority party, as determined by the COMELEC
Citizens' arm authorized by the COMELEC to conduct an
unofficial count
Deposited inside the compartment of the ballot box for valid
ballots
Announcement of Results of Elections
The chairman of the Board of Election Inspectors shall make an
ORAL and PUBLIC ANNOUNCEMENT of the TOTAL number of votes in
the polling place for EACH candidate by the upon the completion of the
election returns.
Issuance of the Certificate of Votes
Certificate of votes defined
The certificate of votes is a document which contains the number
of votes obtained by each candidate written in words and figures, the
number of the precinct, the name of the city or municipality and province,
the total number of voters who voted in the precinct, and the date and time
issued. It must be signed and thumb marked by each member of the
Board. (Sec. 16, R.A. 6646)
Duty of Board to issue certificate
It is the duty of the board of election inspectors to issue a
certificate of the number of the votes received by a candidate upon request
of the duly-accredited watchers. (Sec. 16, R.A. 6646) Refusal to do so
91
constitutes an election offense. (Sec. 27, R.A. 6646)
Admissibility in evidence
The certificate of votes is admissible in evidence to prove
tampering, alteration, falsification or any anomaly committed in the election
returns concerned, when duly authenticated by testimonial or documentary
evidence presented to the Board of Canvassers by at least 2 members of
the Board of Election Inspectors who issued the certificate. This is
notwithstanding the provisions of Secs. 235 and 236 of BP 881.
The Certificate of Votes is evidence likewise of the votes
obtained by the candidates. (Balindong v. COMELEC, 27 SCRA 567)
However, it was held in the case of Garay v. COMELEC (261 SCRA 222)
that a Certificate of Votes can never be a valid basis for canvass, and does
not constitute sufficient evidence of the true and genuine results of the
elections; only election returns are.
Failure to present any certificate of votes shall be a bar to the
presentation of other evidence to impugn the authenticity of the election
returns. (Sec. 17, R.A. 6646)
CANVASS
Canvass and Certificate of Canvass defined
The canvass of votes refers to the process by which the results
in the election returns are tallied and totaled.
Certificates of canvass are official tabulations of votes
accomplished by district, municipal, city and provincial canvassers based
on the election returns, which are the results of the ballot count at the
precinct level.
representatives, and any candidate has a right to be present and to
counsel during the canvass of election returns. They shall have the right to
examine the returns being canvassed without touching them, to make their
observations thereon, and file their charges in accordance with the rules
and regulations of the COMELEC. ( sec 25, RA 6646)
It shall be unlawful for any officer or member of the AFP, including the
national police, or any peace officer or any armed or unarmed persons
belonging to an extra-legal police agency, special forces, reaction forces,
strike forces, home defense forces, barangay self defense units, etc. to
enter the room where the canvassing of the election returns are held, and
within a radius of 50 meters from such room. ( sec 232, BP881)
Grand Alliance for Democracy vs. COMELEC ( 150 SCRA 665)
Where it has been determined by the COMELEC that actual
voting and election by the registered voters had taken place, the election
returns can not be disregarded and excluded – with the corresponding
disenfranchisement of voters – but must be accorded prima facie status as
bona fide reports of the result of the voting for canvassing and
proclamation purposes. The summary nature of the proceedings require
that written objections ( to the returns) be filed only during this stage,
because it is only at this time that the inclusion or exclusion of any return is
in issue; mere allegations of duress, coercion, fraud, can not invalidate the
election returns which are otherwise clean on their face.
Mastura vs. COMELEC (285 SCRA 493)
The COMELEC may order the annulment of the certificate of
canvass which it found to be tampered after examining the copies of the
election returns of the municipal judge and COMELEC – because all the
copies of the election returns are original copies although the copy of the
Municipal Board of Canvassers is the original copy.
Sec 15 RA 7166, does not specify that the COMELEC shall use
the copy of the election return of the Municipal Board of Canvassers in
correcting a manifest error.
Nature of canvass proceedings
Canvass proceedings are administrative and summary in nature.
Composition of the Board of Canvasser
A majority vote of all the members of the board shall be necessary to
render a decision. (Sec 255 BP 881)
Any registered political party, coalition of parties, through their
PROVINCIAL
Chairman
Provincial election supervisor or lawyer in
the regional office of the COMELEC
(Sec. 221, BP 881, as amended by Sec. 20, RA 6646)
CITY
City election registrar or a lawyer of
COMELEC;
MUNICIPAL
Election registrar or a representative of
COMELEC
In cities with more than 1 election registrar,
COMELEC shall designate the election
registrar who shall act as chairman
Vice Chair
provincial fiscal
city fiscal
municipal treasurer
Member
provincial superintendent of schools
city superintendent of schools
most senior district school supervisor or in
his absence a principal of the school
district or the elementary school
However, in case of non-availability, absence, disqualification due to
relationship, or incapacity for any cause of any of the members of the
PROVINCIAL
Board of Canvassers, the COMELEC may appoint the following as
substitutes, in the order named:
CITY
MUNICIPAL
Chairman
Ranking lawyer of the COMELEC
Ranking lawyer of the COMELEC
Ranking lawyer of the COMELEC
Vice Chairman
(1) Provincial auditor
(2) Registrar of Deeds
(3) Clerk of Court nominated by the
Executive Judge of the RTC;
(4) Any other available appointive
(1) City auditor or equivalent;
(2) Registrar of Deeds;
(3) Clerk of Court nominated by the
Executive Judge of the RTC;
(4) Any other available appointive city
(1) Municipal Administrator;
(2) Municipal Assessor;
(3) Clerk of Court nominated by the
Executive Judge of the MTC;
(4) Any other available appointive
92
provincial official
Member
Same as for Vice-Chairman
official
Same as for Vice-Chairman
municipal official
Same as for Vice-Chairman
(Sec. 231, B.P. 881)
Prohibitions on the Board of Canvassers
•
•
•
The chairman and the members of the Board of Canvassers shall not
be related within the 4th civil degree of consanguinity or affinity to any
of the candidates whose votes will be canvassed by said board, or to
any member of the said board. (Sec. 222, B.P. 881)
No member or substitute member of the different boards of canvassers
shall be transferred, assigned or detailed outside of his official station,
nor shall he leave said station without prior authority of the COMELEC
during the period beginning election day until the proclamation of the
winning candidates. (Sec. 223, B.P. 881)
No member of the board of canvassers shall feign illness in order to be
substituted on election day until the proclamation of the winning
candidates. Feigning of illness constitutes an election offense. (Sec.
224, B.P. 881)
Jurisdiction of COMELEC over the Board of Canvassers
COMELEC has direct control and supervision over the board of
canvassers. Any member of the Board may, at any time, be relieved for
cause and substituted motu propio by the COMELEC. (Sec. 227, B.P.
881)
COMELEC has the power to investigate and act on the propriety
or legality of the canvass of election returns made by the board of
canvassers.
Nature of the Board of Canvassers’ Duties
A canvassing board's task is to compile and add the results as
they appear in the election returns transmitted to it. (Guiao v. COMELEC,
137 SCRA 366)
The COMELEC shall have direct control and supervision over the
board of canvassers.
During the canvass, the Board of Canvassers prepares the Statement
of Voters, which is tabulation per precinct of the votes obtain by the
candidates as reflected in the election returns. It is this Statement of Votes
which forces the basis of the certificate of canvass and of the proclamation.
The Board of Canvassers must meet not later than 6:00 p.m. on
election day to receive the election returns and canvass those received.
The Board of Canvassers must meet continuously from day to day until the
canvass is completed. The Board of Canvassers may adjourn ONLY for
the purpose of awaiting other election returns. When it adjourns, it shall
make a total of all votes canvassed so far for each candidate for each
office furnishing the COMELEC in Manila a certified copy and to make
available copies to the media and other interested parties. The Board of
Canvassers must resume canvassing once more returns are received.
The canvass proceedings must be open and in public.
A majority vote of all the members of the Board of Canvassers is
needed in order to render a decision.
Period to Complete Canvass
Subject to reasonable exceptions, the Board of Canvassers is
required to complete their canvass within the following periods:
Municipalities: 36 hours
Cities not comprising at least 1 legislative district: 36 hours
Cities comprising at least 1 legislative district: 48 hours
Provinces: 72 hours
Any violation of this requirement is an election offense. (Sec.
231, B.P. 881)
Canvassing Committees (Sec. 22, R.A. 6646)
The Board of Canvassers may constitute such number of
canvassing committees as may be necessary for the board to complete the
canvass within the period prescribed.
Each committee shall be composed of 3 members, each
member to be designated by the chairman and members of the board.
Before the election, all candidates shall be notified in writing of the number
of committees to be constituted so that they can designate their watchers
in each committee.
The committees shall be under the direct supervision and control
of the board.
When Ministerial
Principles governing canvass proceedings
If there are no irregularities in the election returns, the duty of the
Board in canvassing the votes on the election returns submitted to it
consists in the simple matter of arithmetic. Once the COMELEC or the
board of canvassers is satisfied in the authenticity of the returns, it has no
power to look beyond the face thereof, and its task of tallying is merely
ministerial.
There must be a strong prima facie case backed up by a specific
offer of evidence, and an indication of its nature and importance has to be
made out to warrant the reception of evidence aliunde, for the presentation
of witnesses and the delays necessarily entailed thereby.
When there is an error in the computation which is discovered
after proclamation, the board of canvassers can simply correct the error;
the remedy being purely administrative.
COMELEC should guard against PROCLAMATION GRABBING
and against attempts to paralyze the canvassing and proclamation.
When Quasi-Judicial
The board of canvassers must be satisfied that the election
returns submitted to it are genuine and authentic. Thus, the board of
canvassers will not be compelled to canvass the returns when they are
found to be:
•
•
•
•
When COMELEC has determined after investigation and
examination of the voting and registration records that ACTUAL VOTING
and ELECTION took place in the questioned precincts, election returns
cannot be disregarded but are accorded prima facie status as bona fide
reports of the result of voting for canvassing and proclamation purposes.
obviously manufactured;
contrary to probabilities;
clearly falsified; or
not legible
Canvass by the Board
To allow a respondent to raise belated questions before the
COMELEC as to the returns during the review of a case before the
COMELEC, which question has not been raised before the board of
canvassers, would mean undue delays in the pre-proclamation
proceedings.
The Supreme Court can review the decisions of COMELEC
ONLY in cases of grave abuse of discretion in the discharge of QUASIJUDICIAL POWERS and not in the exercise of its administrative duties.
Conclusiveness of findings
The findings of the board of canvassers and the certificate of
election issued by them are not conclusive but are merely PRIMA FACIE
evidence of the result and title to the office of those declared elected.
As to all other collateral matters, the findings of the board are
conclusive. However, such findings are not conclusive in a direct
proceeding to try title to the office.
The fact of having a plurality of votes lawfully cast is what
confers title to the office UNLESS one is allowed to go behind the
certificate or returns to establish title to the office before the appropriate
tribunal.
Duties of the Provincial, City, District and Municipal Board of Canvassers (Sec. 28, R.A. 7
BOC
Municipal
CANVASS
PREPARE CERTIFICATE OF CANVASS
 President
 President
 Vice-President
 Vice-President
 Senators
 Senators
 Congressmen
 Congressmen
 Elective Provincial Officials
 Elective Provincial Officials
PR
 Elected Municip
 Elective Municipal Officials
City – cities which don’t comprise at least
legislative district
 President
 President
 Vice-President
 Vice-President
 Senators
 Senators
 Congressmen
 Congressmen
 Elective Provincial Officials
 Elective Provincial Officials
 Elected City Of
 Elective City Officials
City – cities comprising 1 or more legislative
districts
 President
 President
 Congress-men
 Vice-President
 Vice-President
 Elected City Of
 Senators
 Senators
 Congressmen
 Elective City Officials
District BOC – for each municipality in Metro
Manila comprising a legislative district
 President
 President
 Congress-men
 Vice-President
 Vice-President
 Elected Munici
 Senators
 Senators
 Congressmen
 Elective Municipal Officials
Municipal BOC – for each component
municipality in a legislative district in Metro
Manila
 President
 President
 Vice-President
 Vice-President
 Senators
 Senators
 Congressmen
 Congressmen
 Elected Municip
 Elective Municipal Officials
District BOC – in each legislative district
comprising 2 municipalities in Metro Manila
 President
 President
 Vice-President
 Vice-President
 Senators
 Senators
 Elected Congre
District
 Congressmen
Provincial
 President
 President
 Elected congre
 Vice-President
 Vice-President
 Elected Provinc
 Senators
 Senators
 Plebiscite Resu
 Congressmen
 Elective Provincial Officials
 Plebiscite Results
Preparation of the Certificate of Canvass and Statement of Votes
Certificate of canvass
The respective board of canvassers shall prepare 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 elected the candidates who obtained the highest number of
votes cast in the province, city, municipality or barangay. (Sec. 231, B.P.
881)
returns; its preparation is an administrative function of the board, purely a
mechanical act over which COMELEC has direct control and supervision.
The Statement of Votes supports the certificate of canvass and
is the basis of proclamation. Consequently, any error in the Statement of
Votes would affect the proclamation made on the basis thereof.
Failure to object to the Statement of Votes before the Board of
Canvassers does not constitute a bar to raising the issue for the first time
before the COMELEC, as the law is silent as to when such objection may
be raised.
Number of Copies of the Certificates of Canvass and Their
Distribution (Sec. 29, R.A. 7166)
City or Municipal Board of Canvassers:
The City or Municipal Board of Canvassers shall prepare the
certificates of canvass for President, Vice-President, Senators, Members of
the House of Representatives, and Elective Provincial Officials in 7 copies
to be distributed as follows:
1st copy:
Provincial board of canvassers – for canvassing of
election results for President, Vice-President,
Senators, Members of the House of Representatives
and Elective Provincial Officials
nd
2 copy:
COMELEC
3rd copy:
To be kept by the chairman of the board of canvassers
4th copy:
Citizens' arm designated by the COMELEC to conduct
media-based unofficial count
5th to 7th copies:
Representatives of any 3 of 6 major political parties
according to the voluntary agreement of the parties; if
there is no agreement, COMELEC shall decide based
on the criteria under sec. 26 of RA 7166
City Boards of Canvassers of cities comprising one or more
legislative districts, Provincial Boards of Canvassers, and District
Boards of Canvassers in the Metro Manila area:
The foregoing Boards of Canvassers shall prepare the
certificates of canvass for President, Vice-President and Senators in 7
copies to be distributed as follows:
1st copy:
Congress, directed to the Senate President for use in
the canvass of election results for President and VicePresident
2nd copy:
COMELEC, for use in the canvass of the election
results for Senators
3rd copy:
To be kept by the chairman of the board of canvassers
4th copy:
Citizens' arm designated by the COMELEC to conduct
media-based unofficial count
5th to 7th copies:
Representatives of any 3 of 6 major political parties
according to the voluntary agreement of the parties; if
there is no agreement, COMELEC shall decide based
on the criteria under sec. 26 of RA 7166
Congress as the National Board of Canvassers
(Sec. 30, R.A. 7166)
Failure to comply with this requirement shall constitute an
election offense.
Statement of votes
The statement of votes is a tabulation per precinct of votes
garnered by candidates as reflected in the election
Congress shall determine the authenticity and due execution of
the certificate of canvass for President and Vice President as
accomplished and transmitted by the local board of canvassers, on a
showing that:
(1) Each certificate was executed, signed and thumb marked by the
chairman and members of the board of canvassers and
transmitted to Congress by them;
(2)
Each certificate contains the names of all the candidates for
President, Vice-President, and their corresponding votes in
words and in figures; and
(3)
There exists no discrepancy in other authentic copies of the
certificate or in the votes both in words and figures in the same
certificate.
Completion of the Certificate of Canvass
If the certificate of canvass appears to be incomplete, the Senate
President shall require the board of canvassers concerned to TRANSMIT
(by personal delivery within 2 days from notice) the election returns from
the polling places that were not included in the certificate of canvass and
supporting statements.
When there appear erasures or alterations in the certificate of
canvass which may cast doubt as to the veracity of the number of votes
stated therein and may affect the result of the election, Congress shall, for
the sole purpose of verifying the actual number of votes, COUNT the votes
as they appear in the copies of the election returns submitted to it, upon
request of a presidential or vice-presidential candidate or their party. (Sec.
30, R.A. 7166)
Canvass of Votes for the President and Vice-President (Sec. 24, R.A.
8436)
The certificates of canvass for President and Vice-President
shall be duly certified by the board of canvassers of each province or city.
The certificates of canvass for President and Vice-President
shall be transmitted to Congress, directed to the Senate President. Upon
receipt of the certificates of canvass, the Senate President shall not later
than 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.
Congress upon the determination of the authenticity and due
execution thereof, shall canvass the votes.
The person having the highest number of votes shall be
proclaimed elected. In case 2 or more persons shall have an equal and
highest number of votes, one of them shall be chosen by vote of
MAJORITY of all the members of BOTH the Senate and the House of
Representatives, voting separately.
(To be discussed in the last part of this reviewer.)
Makalintal vs. Comelec
The Overseas Absentee Voting Act of 2003 insofar as it grants
sweeping authority to the Comelec to proclaim all winning candidates, is
unconstitutional as it is repugnant to sec 4 art VII of the Constitution, which
vests in Congress the authority to proclaim the winning Presidential and
Vice Presidential candidates.
Ruy Elias Lopez vs. Senate of the Philippines
Congress may validly delegate the preliminary determination of
the authenticity and due execution of the certificates of canvass to a Joint
Congressional Committee constituted under the Rules adopted by the Joint
Session of Congress.
tied candidates, shall hold a special PUBLIC MEETING at which the board
shall proceed to the DRAWING OF LOTS of the candidates who have tied
and shall proclaim as elected the candidates who may be favored by luck.
Pimentel Jr. vs. Joint Committee of Congress to Canvass the Votes
Cast for President and Vice President
The candidates so proclaimed shall have the right to assume
office in the same manner as if he had been elected by plurality of vote.
Even after Congress had adjourned its regular session, it may
continue to perform the constitutional duty of canvassing the presidential
and vice-presidential election results without need of any call for a special
session by the President.
The board of canvassers shall forthwith make a certificate stating
the name of the candidate who had been favored by luck and his
proclamation on the basis thereof.
PROCLAMATION
Nothing in the above shall be construed as depriving a candidate
of his right to contest the election.
Duties of Board of Canvassers
Proclamation of a Lone Candidate (R.A. 8295)
After the canvass of election returns, in the absence of a
perfected appeal to the COMELEC, the Board of Canvassers shall
proclaim the candidates who obtained the highest number of votes cast in
the province, city, municipality or barangay, on the basis of the certificates
of canvass.
Failure to comply with this duty constitutes an election
offense. (Sec. 231, B.P. 881)
Upon the expiration of the deadline for the filing of certificates of
candidacy in a special election called to fill a vacancy in an elective
position other than for President and Vice-President, when there is only
one (1) qualified candidate for such position, the lone candidate shall be
proclaimed elected to the position by proper proclaiming body of the
COMELEC without holding the special election upon certification by the
COMELEC that he is the only candidate for the office and is therefore
deemed elected. (Sec. 2)
The Board of Canvassers shall not proclaim any candidate as
winner unless authorized by the COMELEC after the latter has ruled on
any objections brought to it on appeal by a losing party. Any proclamation
made in violation hereof shall be void ab initio, unless the contested returns
will not adversely affect the results of the election.
Once the Board of Canvassers has completed its duty, the board
cannot meet again and re-canvass the votes or reverse their prior decision
and announce different results.
When proclamation void
In the absence of any lawful ground to deny due course or
cancel the certificate of candidacy in order to prevent such proclamation,
as provided for under Sec. 69 and 78 of the Omnibus Election Code, the
lone candidate shall assume office not earlier than the scheduled election
day. (Sec. 3)
The COMELEC shall decide petitions for disqualification not later
than election day. Otherwise, such petitions shall be deemed dismissed.
(Sec. 3)
A proclamation is void when it is based on incomplete returns
(Castromayor v. COMELEC, 250 SCRA 298) or when there is yet no
complete canvass (Jamil v. COMELEC, G.R. No. 123648, Dec. 15, 1997).
MODES OF CHALLENGING CANDIDACY & ELECTION RESULTS
A void proclamation is no proclamation at all, and the proclaimed
candidate’s assumption into office cannot deprive the COMELEC of its
power to annul the proclamation.
NUISANCE CANDIDATES &
CANCELLATION OF CERTIFICATE OF CANDIDACY
Declaration of Nuisance Candidacy
Utto vs. Comelec (Gr 150111 Jan 31, 2002)
An incomplete canvass of votes is illegal and cannot be made
the basis of a proclamation. A canvass cannot be reflective of the true vote
of the electorate unless all returns are considered and none is omitted.
(Sec. 5, R.A. 6646)
Grounds for declaration of nuisance candidacy
The fact that a candidate illegally proclaimed has assumed office
is not a bar to the exercise by the Comelec of the authority to annul any
canvass and proclamation illegally made.
See discussion under Certificate of Candidacy.
Where a proclamation is null and void, the proclaimed
candidate’s assumption of office cannot deprive the Comelec of the power
to declare such a proclamation a nullity.
Proceedings to have a candidate declared as a nuisance
candidate are summary in nature. In lieu of oral testimonies, the parties
may be required to submit position papers together with affidavits or
counter-affidavits and other documentary evidence.
Partial proclamation (Sec. 21, R.A. 7166)
Notwithstanding the pendency of any pre-proclamation
controversy, the COMELEC may summarily order the proclamation of other
winning candidates whose election will not be affected by the outcome of
the controversy.
Election Resulting in a Tie (Sec. 240, B.P. 881)
A tie occurs when:
(a) 2 or more candidates receive an equal and highest number of
votes; or
(b) 2 or more candidates are to be elected for the same position
and 2 or more candidates received the same number of votes for
the LAST PLACE in the number to be elected.
The board of canvassers, by resolution, upon 5 days notice to all
Nature of proceedings
Procedure for declaration of candidate as nuisance candidate
WHAT FILED:
Verified petition
WHO MAY FILE: Any registered candidate for the same office
WHEN FILED:
Within 5 days from the last day for the filing of
certificates of candidacy
WHERE FILED: With the COMELEC
PROCEDURE:
(1)
The petition is filed with the COMELEC personally or through dulyauthorized representative within 5 days from the last day for the
filing of certificates of candidacy. Filing by mail is not allowed.
(2)
Within 3 days from the filing of the petition, the COMELEC shall
issue summons to the respondent candidate, together with a copy
of the petition and its enclosures, if any.
totally any proclamation, if one has been made. (Sec. 242, BP 881)
Olfato vs. Comelec ( 103 SCRA 741)
(3)
The respondent shall then have 3 days from receipt of the
summons to file his verified answer (not a motion to dismiss) to
the petition, serving copy thereof upon the petitioner. Grounds for
a motion to dismiss may be raised as an affirmative defense.
(4)
The COMELEC may then designate any of its officials who are
lawyers to hear the case and receive evidence. In lieu of oral
testimonies, the parties may be required to submit position papers
together with affidavits or counter-affidavits and other documentary
evidence. The hearing officer shall immediately submit to the
COMELEC his findings, reports, and recommendations within 5
days from the completion of such submission of evidence.
(5)
(6)
The COMELEC shall then render its decision within 5 days from
receipt of the findings of the hearing officer. This decision shall be
disseminated by the COMELEC to the city or municipal election
registrars, boards of election inspectors, and the general public in
the political subdivision concerned within 24 hours through the
fastest available means.
After 5 days from receipt of the parties, the decision becomes final
and executory unless stayed by the Supreme Court.
Cancellation of Certificate of Candidacy
While the Comelec has merely appellate jurisdiction over
election contests involving municipal offices, it cannot be deprived of its
exclusive jurisdiction over pre-proclamation contests.
It is immaterial if some of the grounds adduced are grounds for
an election contest rather than for a pre-proclamation controversy.
When not allowed
Pre-proclamation controversies on matters relating to the
preparation, transmission, receipt, custody and appreciation of the election
returns or the certificates of canvass, are not allowed for the following
positions:
•
•
•
•
President
Vice President
Senator
Member of the House of Representatives (Sec. 15, R.A. 7166)
However, this does not preclude the authority of the appropriate
canvassing body motu propio or upon written complaint of an interested
person to correct manifest errors in the certificate of canvass or election
returns before it.
Grounds for cancellation of certificate of candidacy
A certificate of candidacy may be cancelled or denied due
course on either of the following grounds:
(1)
False material representation in the certificate of candidacy;
(2) If
the certificate filed is a substitute Certificate of Candidacy,
when it is not a proper case of substitution under Sec. 77 of BP
881 (Sec. 2, Rule 24, COMELEC Rules of Procedure)
Nature of proceedings
Proceedings for cancellation or denial of due course of a
certificate of candidacy are summary in nature.
All pre-proclamation controversies shall be heard summarily by
the COMELEC after due notice and hearing. This is because canvass and
proclamation should be delayed as little as possible. Questions which
require more deliberate and necessarily longer consideration are left for
examination in the corresponding election protest. (Sison v. COMELEC,
G.R. No. 134096. March 3, 1999)
Parties adversely affected by a ruling of the board of canvassers on
questions affecting the composition or proceedings of the board may
appeal the matter to the Commission with 3 days from a ruling thereon.
The Commission shall summarily decide the case within 5 days from the
filling thereof ( Sec 19 RA 7166)
Dimaporo v. COMELEC
Procedure
WHO MAY FILE: Any citizen of voting age, or
A duly registered political party, organization, or
coalition of political parties
WHEN FILED:
Nature of proceedings
Within 5 days from the last day for the filing of
certificates of candidacy
WHERE FILED: With the Law Department of the COMELEC
PRE-PROCLAMATION CONTROVERSIES
Meaning of Pre-Proclamation Controversy
A pre-proclamation controversy refers to any question or matter
pertaining to or affecting the proceedings of the board of canvassers, or
any matter raised under Sec. 233-236 of BP 881 in relation to the
preparation, transmission, receipt, custody and appreciation of the election
returns. (Sec. 241, BP 881)
The institution of the pre-proclamation controversy was intended to
prevent the nefarious practice known as “grab-the-proclamation, prolongthe-protest”.
Jurisdiction
The COMELEC has exclusive jurisdiction over pre-proclamation
cases. It may order, motu propio or upon written petition, the partial or total
suspension of the proclamation of any candidate-elect or annul partially or
The policy behind limiting the issues of the pre-proclamation
controversy is to determine as quickly as possible the results of the
elections on the basis of the canvass. It may well be true that the public
policy may occasionally permit the occurrence of grab the proclamation
and prolong the protest situations; that public policy however, balances the
possibility of such situations against the shortening of the period during
which no winners are proclaimed, a period commonly fraught with tension
and danger for the public. For those who disagree with the policy, the
recourse is with the legislature.
The mandatory requirement to comply with the procedure for a
pre-proclamation controversy is in view of the policy to have a quick
determination of the election results.
Manifest errors
The Comelec may entertain petitions for the correction of “manifest
errors” in the Certificate of Canvass or in the election returns.
To be “manifest”, the errors must appear on the face of the Certificates
of Canvass or election returns sought to be corrected, and objections
thereto must have been made before the Board of Canvassers and
specifically noted in the minutes of their respective proceedings (Chavez
vs. Comelec 211 SCRA 315)
A “manifest error” is one that is visible to the eye or obvious to the
understanding; that which is open, palpable, incontrovertible, needing no
evidence to make it more clear. ( O’Hara vs. Comelec GR no. 148941-42
Mar 12, 2002)
Bince vs. Comelec
A petition for correction of errors in the Certificate of Canvass
may be filed at any time before proclamation.
Neither can the Certificate of Votes be used for the canvass because it was
signed only by the Chairman.
(3) The election returns were:
Torres vs. Comelec
Although the provision applies to a pre-proclamation controversy,
there is nothing to prevent its application to cases in which the validity of
the proclamation is in question.
Since the Statement of Votes is the basis of the Certificate of
Canvass and of the proclamation, any error in the Statement affects the
validity of the proclamation.
Ramirez vs. Comelec
Corrections should be made by inserting the corrections in the
Statement of Votes or by preparing a new Statement of Votes incorporating
the corrections.
Pre-proclamation cases
Restricted to an
examination of the lection
returns on their face.
Without jurisdiction to go
beyond or behind elections
returns and investigate
election irregularities
Cases of Actions for
Annulment of Election
Results
or Declaration of Failure of
Elections
Comelec may conduct
technical examination of
election documents and
compare and analyze voters’
signatures and fingerprints in
order to determine whether
or not the elections had
indeed been free, honest
and clean
•
•
prepared under duress, threats, coercion, intimidation or
obviously manufactured or not authentic
Lagumbay v. Comelec (16 SCRA 175),
The Supreme Court empowered the Commission on Elections to
nullify certain contested returns on the ground of "statistical
improbabilities", when WE sustained the authority of the Commission to
examine voting records, the number of ballots and the number of votes
reportedly cast and tallied for each and every candidate, when the returns
are obviously false or fabricated. In said case, WE, adopted "a practical
approach to the Commissions mission to insure a free and honest
elections" by denying prima facie recognition to the election returns on the
ground that they were manifestly manufactured or falsified.
(4) Substituted or fraudulent returns in controverted polling places
were canvassed, the results of which materially affected the
standing of the aggrieved candidate(s).
(5) Manifest errors in the Certificates of Canvass or Election Returns
(Sec. 15, R.A. 7166; Chavez v. COMELEC, 211 SCRA 315)
It must be noted that this enumeration is restrictive and
exclusive. The complete election returns whose authenticity is not
questioned must be prima facie considered valid for purposes of canvass
and proclamation. To allow a re-count or a re-appreciation of the votes in
every instance would paralyze canvass and proclamation.
Issues that cannot be raised
Jurisprudence has held that the following issues are not proper
in a pre-proclamation controversy:
Lee vs. Comelec
Where there is a prima facie showing that the return is not
genuine, the principle that in pre-proclamation cases, the Comelec is
without jurisdiction to go beyond or behind the election returns and
investigate irregularities, does not apply.
Issues that may be Raised
•
•
(1) Illegal composition or proceedings of the board of election
canvassers
Laodeno vs. Comelec ( 276 SCRA 705)
By participating in the proceedings, the petitioner is deemed to
have acquiesced in the composition of the Board of Canvassers.
•
•
(2) Canvassed election returns are either:
•
•
•
•
incomplete
contain material defects
appear to be tampered with or falsified
contain discrepancies in the same returns or in other authentic
copies
•
•
Patoray vs. Comelec (249 SCRA 440)
It is an error for the Comelec to exclude from the canvass
election returns where the defect in the return refers only to some
incomplete data.
Where the Certificate of Votes shows tampering, alteration and
falsification, or any other anomaly in the preparation of the election return,
the Comelec should order a recount of the votes cast in the precinct, after
determining that the ballot box has not been tampered with. The failure of
the Comelec to do so, after excluding the return, will result in the
disenfranchisement of the voters in the particular precinct.
Appreciation of ballots, as this is performed by the Board of
Election Inspectors at the precinct level and is not part of the
proceedings of the Board of Canvassers (Sanchez v.
COMELEC, 153 SCRA 67, reiterated in Chavez v. COMELEC,
211 SCRA 315);
Technical examination of the signatures and thumb marks of
voters (Balindong v. COMELEC, 260 SCRA 494; Matalam v.
COMELEC, 271 SCRA 733);
Prayer for re-opening of ballot boxes (Alfonso v. COMELEC,
G.R. No. 107847, June 2, 1994);
Padding of the Registry List of Voters of a municipality,
massive fraud and terrorism (Ututalum v. COMELEC, 181
SCRA 335);
Challenges directed against the Board of Election Inspectors
(Ututalum v. COMELEC, supra)
Fraud, terrorism and other illegal electoral practices. These
are properly within the office of election contests over which
electoral tribunals have sole, exclusive jurisdiction. (Loong v.
COMELEC)
Procedure
The procedure for filing a pre-proclamation controversy depends
on the issue being raised:
(a)
Questions involving the composition or proceedings of the
board of canvassers, or correction of manifest errors
WHERE:
The controversy may be initiated either in the Board of
Canvassers or directly with the COMELEC. (Sec. 17,
R.A. 7166)
WHEN:
It depends:
(a)
(b)
If petition involves the illegal composition or
proceedings of the board, it must be filed immediately
when the board begins to act as such (Laodeno v.
COMELEC, 276 SCRA 705), or at the time of the
appointment of the member whose capacity to sit as
such is objected to if it comes after the canvassing of the
board, or immediately at the point where the proceedings
are or begin to be illegal. Otherwise, by participating in
the proceedings, the petitioner is deemed to have
acquiesced in the composition of the Board of
Canvassers.
If the petition is for correction, it must be filed not later
than 5 days following the date of proclamation, and must
implead all candidates who may be adversely affected
thereby. (Sec. 5(b), Rule 27, COMELEC Rules of
Procedure)
Such objection is recorded in the minutes of canvass.
Simultaneous with the oral objection, the objecting party
enters his objection in the form for written objections
prescribed by the COMELEC.
(2)
Upon receipt of such objection, the Board automatically
defers the canvass of the contested returns and proceeds to
canvass the returns which are not contested by any party.
(3)
Within 24 hours from and after the presentation of such
objection, the objecting party submits the evidence in
support of the objection, which shall be attached to the form
for written objections.
Within the same 24-hour period, any party may file a written
and verified opposition to the objection in the prescribed
COMELEC form, attaching supporting evidence, if any. The
Board shall not entertain any objection or opposition unless
reduced to writing in the prescribed forms.
(4)
The Board chairman immediately and formally admits the
evidence attached to the objection or opposition by affixing
his signature at the back of each and every page thereof.
(5)
Upon receipt of the evidence, the Board considers the
objection and the opposition, and summarily rules on the
objection. The Board then enters its ruling on the prescribed
form and authenticates the same by entering the signatures
of all its members.
(6)
The parties adversely affected by the ruling immediately
inform the Board if they intend to appeal the ruling. Such
information is then entered in the minutes of canvass.
(7)
The Board then sets aside the returns and proceeds to
consider the other returns. The Board then suspends the
canvass after all the uncontested returns have been
canvassed and the contested return ruled upon by it.
(8)
Within 48 hours from the ruling, the party adversely affected
files a written and verified notice of appeal with the Board.
The party then files an appeal with the COMELEC within a
non-extendible period of 5 days thereafter.
(9)
Immediately upon receipt of the notice of appeal, the Board
makes an appropriate report to the COMELEC, elevating
therewith the complete records and evidence submitted in
the canvass, and furnishing the parties with copies of the
report.
(10)
The COMELEC summarily decides the appeal within 7 days
from receipt of the record and evidence elevated to it by the
Board.
(11)
The COMELEC's decision becomes executory after the
lapse of 7 days from receipt thereof by the losing party.
(12)
The COMELEC then authorizes the Board of Canvassers to
proceed with the proclamation of the winner.
Any
proclamation made without COMELEC authorization is void
ab initio, unless the contested returns do not adversely
affect the results of the election. (Sec. 20, R.A. 7166)
PROCEDURE:
If filed with the Board first:
(1)
Petitioner submits his / her objection to the chairman of the
board of canvassers.
(2)
The Board makes its ruling.
(3)
Within 3 days from the ruling, the parties adversely affected
may appeal the matter to the COMELEC.
(4) Upon
appeal, the COMELEC shall summarily decide the
case within 5 days from the filing thereof. (Sec. 19, R.A.
7166)
If initiated directly with the COMELEC:
(1)
Petitioner files petition with the COMELEC.
(2)
Upon the docketing of such petition, the Clerk of Court
concerned shall issue summons with a copy of the petition
to respondents.
(3) The
Clerk of Court concerned shall immediately set the
petition for hearing. The COMELEC shall hear and decide
the petition en banc.
The Board of Canvassers shall not commence, proceed or resume
canvass unless otherwise ordered by the COMELEC. (Sec. 5, Rule 27,
COMELEC Rules of Procedure)
(b) Matters relating to the preparation, transmission, receipt,
custody and appreciation of the election returns and certificates
of canvass
WHERE: Only with the Board of Canvassers
WHEN: At the time the questioned return is presented for
inclusion in the canvass.
WHO:
Any candidate, political party or coalition of political
parties
PROCEDURE:
(1)
The contesting party makes an oral objection to the
chairman of the Board of Canvassers at the time the
questioned return is presented for inclusion in the canvass.
This procedure is mandatory. Non-compliance with any of the
steps above is fatal to the pre-proclamation petition.
Effect of filing of pre-proclamation controversy
The period to file an election contest shall be SUSPENDED
during the pendency of the pre-proclamation contest in the COMELEC or
the Supreme Court. (Alangdeo v. COMELEC, June 1989)
The right of the prevailing party in the pre-proclamation contest
to the execution of COMELEC’s decision does not bar the losing party from
filing an election contest.
Despite the pendency of a pre-proclamation contest, the
COMELEC may order the proclamation of other winning candidates whose
election will not be affected by the outcome of the controversy.
Effect of proclamation of winning candidate
A pre-proclamation controversy shall no longer be viable after
the proclamation and assumption into office by the candidate whose
election is contested. The remedy is an election protest before the proper
forum. (Mayor v. COMELEC, January 1989)
The prevailing candidate may still be unseated even though he
has been proclaimed and installed in office if:
DECLARATION OF FAILURE OF ELECTION
Nature of petition to declare a failure of election
A petition to declare a failure of election is neither an election
protest nor a pre-proclamation controversy. (Borja v. COMELEC, 260
SCRA 604)
Grounds for declaration
See discussion under Election Proper.
Jurisdiction of COMELEC
1.
The opponent is adjudged the true winner of the election by
final judgment of court in an election contest;
The COMELEC, sitting en banc, may declare a failure of election
by a majority vote of its members. (Sec. 4, R.A. 71660
2.
The prevailing party is declared ineligible or disqualified by
final judgment of a court in a QUO WARRANTO case; or
3.
The incumbent is removed from office for cause.
The COMELEC, in the case of actions for annulment of election
results or declaration of failure of elections, may conduct technical
examination of election documents and compare and analyze voters'
signatures and fingerprints in order to determine whether or not the
elections had indeed been free, honest and clean. (Loong v. COMELEC,
supra)
Abella v. Larrazabal
Pre-proclamation controversies are summary in nature. The
policy behind election law is that pre-proclamation controversies should be
summarily decided, consistent with the law’s desire that the canvass and
proclamation be delayed as little as possible. Thus, questions as to the
appreciation of ballots and the conduct of the campaign and balloting,
which require more deliberate and necessarily longer consideration are
proper for an election contest.
The dismissal of a pre-proclamation controversy does not mean
that the disqualification case is moot and academic. The two are
independent of each other.
The purpose of the pre-proclamation
controversy is to ascertain the winners in the elections on the basis of
election returns duly authenticated by the board of inspectors and admitted
by the board of canvassers. The purpose of the disqualification proceeding
is to prevent the candidate from running, or if elected, from serving, or to
prosecute him for violation of election laws. The mere fact that a candidate
has been proclaimed does not signify that his disqualification is deemed
condoned and may no longer be the subject of a separate investigation.
Agbayani v. COMELEC
The proclamation of a winning candidate makes a preproclamation controversy no longer viable. The remedy is an election
protest, but this is only true where there is a valid proclamation or where
the proclamation is based on a complete canvass. Where it is claimed that
there was an incomplete canvass or that certain returns should have been
omitted because they were manufactured and other returns cannot be
included because they have been irretrievably lost, the pre-proclamation
controversy should still be continued despite the proclamation of the
supposed winner. COMELEC may in such a pre-proclamation controversy
determine if the proclamation should be annulled.
Requisites for the declaration of failure of election
Before the COMELEC can act on a verified petition seeking a
declaration of failure of election, the following conditions must concur:
(1)
(2) The
votes cast would affect the results of the election.
(Mitmug v. COMELEC, 230 SCRA 54; Loong v. COMELEC,
supra; Hassan v. COMELEC, 264 SCRA 125)
The election is only to be set aside when it is impossible from
any evidence within reach to ascertain the true result – when neither from
the returns nor from other proof can the truth be determined (i.e. where the
illegality affects more than 50% of the total number of votes cast and the
remainder does not constitute a valid constituency).
Procedure
(1)
Petitioner files verified petition with the Law Department of the
COMELEC.
(2)
Unless a shorter period is deemed necessary by circumstances,
within 24 hours, the Clerk of Court concerned serves notices to
all interested parties, indicating therein the date of hearing,
through the fastest means available.
(3)
Unless a shorter period is deemed necessary by the
circumstances, within 2 days from receipt of the notice of hearing,
any interested party may file an opposition with the Law
Department of the COMELEC.
(4)
The COMELEC proceeds to hear the petition. The COMELEC
may delegate the hearing of the case and the reception of
evidence to any of its officials who are members of the Philippine
Bar.
(5)
The COMELEC then decides whether to grant or deny the
petition. This lies within the exclusive prerogative of the
COMELEC.
The proclamation of the winner does not prevent COMELEC
from continuing with the pre-proclamation controversy against the winner
and after annulling its proclamation.
PETITION TO ANNUL OR SUSPEND PROCLAMATION
The filing with the COMELEC of a petition to annul or to suspend
proclamation suspends the running of the period to file an election protest.
(Alangdeo v. COMELEC, June 1989)
No law provides for a reglementary period within which to file a
petition for the annulment of an election if there is as yet no proclamation.
(Loong v. COMELEC, 257 SCRA 1)
There is no fixed time frame within which to file a petition to annul
a proclamation, the same being limited only by the standard of
reasonableness.
No voting has taken place in the precincts concerned on the
date fixed by law, or even if there was voting, the election
nonetheless resulted in a failure to elect; and
DISQUALIFICATION CASES
Grounds for disqualification
See discussion under Certificates of Candidacy.
Priority of disqualification cases
The COMELEC and the courts shall give priority to cases of
disqualification for violation of the Omnibus Election Code, to the end that a
final decision shall be rendered not later than 7 days before the election in
which the disqualification is sought. (Sec. 72, BP 881)
Procedure
WHO MAY FILE: Any citizen of voting age, or
Any duly registered political party, organization or
coalition of political parties
WHERE: Law Department of the COMELEC
WHEN: Any day after the last day for filing of certificates of candidacy, but
not later than the date of proclamation
Effect of disqualification case
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.
If for any reason a candidate is not disqualified before an
election and he is subsequently voted for and receives the winning number
of votes in such election, the COMELEC or the courts shall continue with
the trial and hearing of the action, inquiry, or protest and may order the
suspension of the proclamation of such candidate during the pendency of
the case upon motion of the complainant or any intervenor, provided that
evidence of his guilt is strong. (Sec. 6, R.A. 6646)
The fact that the candidate who obtained the highest number of
votes is later declared to be disqualified or not eligible for the office to
which he was elected, does not necessarily entitle the candidate who
obtained the second highest number of votes to be declared the winner of
the elective office.
Sanchez vs Comelec (153 SCRA 67)
Supreme Court said Sanchez’ petition for recount and/or reappreciation of ballots may NOT be considered a pre-proclamation
controversy for the ff. reasons:
a)
b)
c)
d)
e)
An election return is “incomplete” if there is an omission in the
election return of the name of any candidate and/or his
corresponding votes, or in case the number of votes for a
candidate had been omitted. Here, the name of Sanchez as well
as the number of votes counted and appreciated in his favor by
the BEI. Errors in appreciation of ballots by the BEI are proper
subject for an election protest and not for a pre-proclamation
contest.
Appreciation of votes is not part of the proceedings of the Board
of Canvassers, it is performed by the BEI at the precinct level.
Enumeration of issues which may be raised in a preproclamation controversy under sec. 243 BP 881 is restrictive
and exclusive. The complete election returns whose authenticity
is not in question must be prima facie considered valid for the
purpose of canvass and proclamation.
To expand the issues beyond those enumerated in sec. 243 and
allow recount or re-appreciation where a claim of misdeclaration
of stray votes is made would open the floodgates to such claims
and paralyze canvass and proclamation proceedings, given the
propensity for the loser to demand a recount. The policy of the
law is that a pre-proclamation controversy should be summarily
decided.
The ground for recount relied upon is clearly not among the
issues that may be raised in a pre-proclamation controversy. His
allegation of invalidation of “Sanchez” votes intended for him
bears no relation to the correctness and authenticity of the
election returns canvassed.
Patoray vs Comelec (279 SCRA 470)
Objections to the inclusion of election returns are directed
primarily at the ballots reflected in the returns, this involves appreciation of
ballots and cannot be raised in an election protest.
Balindong vs Comelec (260 SCRA 494)
Technical examination of signatures and thumb marks of voters
runs counter to the nature and scope of a pre-proclamation contest; the
remedy is to raise these issues in an election protest.
Alfonso vs Comelec (June 2, 1994)
The prayer for re-opening of ballot boxes is not a proper issue in
a pre-proclamation controversy but should be threshed out in an election
contest
Villaroya vs Comelec (155 SCRA 633)
In a pre-proclamation contest, the Comelec may order the
correction of a clerical error in the Statement of Votes (by Board of
Canvassers) to correspond to the figures reflected in the election returns—
even if the candidate/ representative failed to file the timely protest during
canvassing, as the error in the Statement of Votes was not apparent on its
face.
Duremdes vs Comelec (178 SCRA 746)
Failure to object to the Statement of Votes before the Board of
Canvassers is not a bar to raising the issue before the Comelec for the first
time; the law is silent as to when they may be raised.
Castromayor vs Comelec (250 SCRA 298)
Any party dissatisfied with the ruling of the BoC shall have the
right to appeal to the Comelec. Since the Statement of Votes which was to
be corrected by the Board forms the basis of the Certificate if Canvass and
the proclamation, petitioner begs the question by saying that this is not a
pre-proclamation controversy and the procedure for PPC cannot be applied
to the correction of the computation of the total number of votes obtained
by the candidates in the Statement of Votes.
Mentang vs Comelec (Feb. 4, 1994)
The SC declared it has already ruled that the filing of a petition to
annul a proclamation suspends the running of the 10-day period within
which to file an election contest, provided that the allegations, which when
proved, will render the proclamation null and void. Such petition may be
filed directly with the Comelec even as a pre-proclamation controversy,
provided it is done within ten days after proclamation
Bince vs Comelec (242 SCRA 273)
Comelec may annul a proclamation on account of a mathematical error
committed by the Board of Canvassers in the computation of votes
received. Petition for correction may be filed at any time before
proclamation and there is nothing to suggest this cannot be applied when
validity of proclamation is precisely in question.
Ututalum vs Comelec (181 S 335)
Padding of Registry of Voters of a municipality not a listed
ground for pre-proclamation controversy
Lazatin vs Comelec (157 SCRA 337)
Issue of validity of proclamation and irregularities connected
therewith is a matter properly addressed to the HRET.
Darantinao vs Comelec (June 1989)
Comelec has the power to inquire whether members of the
Board of Canvassers are qualified or not, whether or not an election had
been held in a precinct, in order to determine the integrity of the election
returns
Alangdeo vs Comelec (June 1989)
The filing with the Comelec of a petition to annul or suspend the
proclamation shall suspend the period to file an election protest.
Mayor vs Comelec (Jan. 1989)
representation from the political parties and the parties or organizations
registered under the party-list system represented therein. (Art. VI, Sec.
17, 1987 Constitution)
After proclamation and assumption of office, the proper remedy
is an election protest, not a pre-proclamation controversy.
For purposes of election contests cognizable by the Electoral
Tribunals, the rules of procedure of such tribunals shall prevail over the
provisions of the Omnibus Election Code. (Lazatin v. HRET, 168 SCRA
39)
ELECTION CONTESTS
COMELEC
Election contests, defined
The COMELEC has exclusive original jurisdiction over all
election contests relating to the elections, returns, and qualifications of all
elective:
These are adversarial proceedings by which matters involving
the title or claim to an elective office, made before or after proclamation of
the winner, is settled whether or not the contestant is claiming the office in
dispute. The purpose of an election contest is to ascertain the candidate
lawfully elected to office.
(1) Regional Officials;
(2) Provincial Officials; and
(3) City Officials
Decisions in these cases may be appealed to the Supreme
Nature of election contests
An election contest is imbued with public interest.
The election contest must be liberally construed to favor the will
of the people. An election contest may not be defeated by mere technical
objections.
Until and unless the election protest is decided against him, a
person who has been proclaimed as duly elected has the lawful right to
assume and perform the duties and functions of the office.
Distinction between Pre-Proclamation Controversy and Election
Contest
1) The Dividing line: Proclamation of candidate
2) Jurisdiction
A. Pre-proclamation controversy
1.The jurisdiction of COMELEC is administrative/quasi-judicial
2.It is governed by the requirements of administrative due
process
B. Election contest
1.The jurisdiction of COMELEC is judicial
2.It is governed by the requirements of judicial process
3)
4)
In some cases, even if the case (involving municipal officials) began
with the COMELEC before proclamation but a proclamation is made
before the controversy is resolved, it ceases to be a pre-proclamation
controversy and becomes an election contest cognizable by the RTC.
However, in some cases, the SC has recognized the jurisdiction of
COMELEC over municipal cases even after proclamation.
Jurisdiction over election contests
Court.
The COMELEC has appellate jurisdiction over all contests
involving elective municipal officials decided by trial courts of general
jurisdiction (i.e., Regional Trial Courts) or involving elective barangay
officials decided by trial courts of limited jurisdiction (i.e., the Municipal Trial
Courts).
Decisions, final orders, or rulings of the COMELEC on election
contests involving elective municipal and barangay offices shall be final,
executory and not appealable. (Sec. 2, Art. IX-C, 1987 Constitution)
Note, however, that this does not preclude a recourse to the Supreme
Court by way of a special civil action for certiorari. (Galido v. COMELEC,
193 SCFA 78)
Regional and Municipal Trial Courts
The Regional Trial Courts and Municipal Trial Courts have
exclusive original jurisdiction over municipal and barangay officials,
respectively.
It must be noted that cases involving qualifications of candidates
for the Sangguniang Kabataan filed before the election are decided by the
Election Officer, while those filed after the election are decided by the
MTCs. (Nachura, p. 389)
Powers of the COMELEC in relation to election contests
The power of COMELEC to decide election cases includes the
power to determine the validity or nullity of votes.
The COMELEC has the power to issue writs of certiorari,
prohibition, and mandamus. However, this power can only be exercised in
aid of its appellate jurisdiction. (Relampagos v. Cumba, 243 SCRA 690)
Kinds of election contests
There are 2 kinds of election contests that may be filed: an
election protest, and a quo warranto case.
Election Protest
Supreme Court
WHO MAY FILE:
The Supreme Court, sitting en banc, shall be the sole judge of all
contests relating to the election, returns, and disqualifications of the
President, Vice-President, and may promulgate its rules for such purpose.
(Art. VII, Sec. 4, 1987 Constitution)
Any candidate who has filed a certificate of candidacy and has been
voted upon for the same office, and who has not himself caused or
contributed to the irregularities or frauds of which he complains
Electoral Tribunals of the Senate and House of Representatives
The Senate and the House of Representatives have their own
electoral tribunals. Each electoral tribunal has 9 members: 3 Supreme
Court Justices, 6 members of the Senate or House of Representatives, as
the case may be, who shall be chosen on the basis of proportional
GROUNDS:
Fraud, terrorism, irregularities or illegal acts committed before,
during or after the casting and counting of votes
PERIOD FOR FILING:
Within 10 days from proclamation of the results of the election
Galido vs. Comelec (193 SCRA 78)
Where, after 5 days from the proclamation of the winning candidate,
the loser files a motion for reconsideration in the pre-proclamation
controversy, there are only 5 days which remain of the period within
which to file an election protest. (Roquero v. COMELEC, 289 SCRA
150)
The fact that decisions, final orders or rulings of the Comelec in
appealed cases involving elective municipal and barangay officials are
final, executory and unappealable does not preclude a recourse to the
Supreme Court by way of a special civil action for certiorari. (But only when
Comelec’s factual determination is marred by grave abuse of discretion =
Alvarez vs. Comelec)
PROCEDURE:
Puzon vs. HRET (Feb. 1989)
A.
For protests filed with the COMELEC (Rule 20 vis-à-vis
Rules 10-19, COMELEC Rules of Procedure)
(1) Protestant files a verified petition with the COMELEC within 10 days
from proclamation and pays the required docket fees. Failure to pay
the basic docket fee will result in the dismissal of the protest.
(Gatchalian v. COMELEC, 245 SCRA 208)
(2)
The Clerk of Court of the COMELEC or the division concerned issues
the corresponding summons to the protestee within 3 days from the
filing of the petition.
(3)
Protestee must file an answer within 5 days from service of summons
and a copy of the petition. The protestee may incorporate in his
answer a counter-protest or counterclaim.
The COMELEC may not entertain a counter-protest filed beyond the
reglementary period to file the same. (Kho v. COMELEC, G.R. No.
124033, Sept. 25, 1997)
(4)
Lazatin vs. HRET (168 SCRA 391)
For purposes of election contests cognizable by the Electoral
Tribunal, the HRET rules of procedure shall prevail over the provisions of
the Omnibus Election Code.
B.
After the issues have been joined, the case shall be set for hearing
and presentation and reception of evidence.
Protestant files a verified petition with the RTC within 10 days from
proclamation.
(2)
Protestee must file an answer within 5 days after receipt of notice of
the filing of the petition and a copy of the petition.
Should the protestee desire to impugn the votes received by the
protestant in other precincts, he may file a verified counter-protest
within the same period fixed for the filing of the answer.
(3)
Protestant has 5 days from receipt of the counter-protest to file his
answer to such counter-protest.
(4)
Any other candidate for the same office may intervene in the case
within 5 days from filing of the protest by filing a verified petition-inintervention. The protestant or protestee shall answer the protest-inintervention within 5 days after notice.
(5)
If no answer is filed to the protest, counter-protest or protest-inintervention within the specified time limits, a general denial is
deemed to have been entered.
(6)
After the issues have been joined, the case shall be set for hearing.
Presentation and reception of evidence shall be completed within 30
days from the date of the commencement thereof.
(7)
The Court shall decide the election contest within 30 days from the
date it is submitted for decision, but in every case within 6 months
after its filing. Such decision shall declare who among the parties has
been elected, or in a proper case, that none of them has been legally
elected.
(8)
The decision becomes final 5 days after its promulgation. No motion
for reconsideration shall be entertained.
Should an aggrieved party wish to appeal the decision to the
COMELEC, he may do so by filing a notice of appeal within 5 days
from promulgation of the decision.
(6) After the case has been submitted for decision, the COMELEC shall
render its decision. If the case is being heard by a Division, the case
shall be decided within 10 days. If it is being heard by the COMELEC
en banc, it shall be decided within 30 days.
(7)
The decision of a division becomes final and executory after the lapse
of 15 days following its promulgation. The aggrieved party may file a
timely motion for reconsideration within 5 days from promulgation of
the decision on the grounds that the evidence is insufficient to justify
the decision; or that the said decision is contrary to law.
For the COMELEC en banc, the decision becomes final and
executory 30 days from its promulgation.
Veloria vs Comelec (211 SCRA 907)
A motion for the reconsideration of the RTC decision is a
prohibited pleading and does not interrupt the 5-day period for appeal.
Garcia vs. De Jesus (206 SCRA 779)
But the Comelec cannot deprive the RTC of its competence to
order execution of its decision pending appeal, this being a judicial
prerogative and there being no law not authorizing the same; besides, the
Comelec rules would deprive the prevailing party of a substantial right to
move for such relief.
Relampagos vs. Cumba (243 SCRA 502)
In the exercise of its exclusive appellate jurisdiction, the Comelec
has the power to issue writs of prohibition, mandamus or certiorari,
because the last par. of sec. 50 BP 697 is still in full force and effect and
has not been repealed nor amended by BP 881. (abandons Veloria and
Garcia)
For protests filed with the Regional Trial Courts (Rule 35,
COMELEC Rules of Procedure)
(1)
Protestant has 5 days from receipt of the answer or answer with
counterclaim or counter-protest to file his reply or answer to counterprotest or counterclaim, respectively.
If no answer is filed to the protest or counter-protest, a general denial
is deemed to have been entered.
(5)
The Supreme Court declared the review of a decision of the
Electoral Tribunal is possible only in the exercise of supervisory or
extraordinary jurisdiction, and only upon showing that the Tribunal’s error
results from a whimsical, capricious, unwarranted, arbitrary or despotic
exercise of power.
EFFECT OF DEATH OF PROTESTANT
The death of the protestant does not extinguish an election protest.
An election protest is imbued with public interest which raises it onto a
plane over and above ordinary civil actions, because it involves not only
the adjudication of the private interest of the rival candidates but also the
paramount need of dispelling once and for all the uncertainty that beclouds
the real choice of the electorate with respect to who shall discharge the
prerogatives of the office within their gift. (De Castro v. COMELEC, 267
SCRA 806)
However, it is not the heirs of the deceased who shall be the
successors-in-interest to the suit, but the succeeding candidate-elect. For
example, if the deceased was a candidate for governor, the real party in
interest in the continuation of the proceedings is the Vice-Governor-elect,
as he or she will succeed in the event that the protestant is declared to be
the person lawfully elected to the office.
2)
3)
SC without jurisdiction, HRET proper forum as sole judge of all
contests relating to the election, returns and qualifications of
House of Rep. members
As a de facto officer, Daza cannot be made to reimburse funds
disbursed during his term of office, bec. his acts are valid.
Arao vs. Comelec (210 SCRA 290)
Frivaldo vs. Comelec (174 SCRA 245)
Failure of protestant to raise the question of identical handwriting
or of impugning the validity of the ballots on that ground does not preclude
the Comelec from rejecting the ballots. Unlike an ordinary suit, an election
protest is a public concern. The rights of the contending parties must yield
to the far greater interest of the citizens in upholding the sanctity of the
ballot. Thus, the Comelec simply cannot close its eyes to the illegality of
the ballots even if the protestant omitted to raise the ground in his protest.
Since Frivaldo’s copy of certificate of naturalization obtained only
in Sept. 1988, the petition for disqualification may still be considered as
having been seasonably filed even if filed more than seven months from
the proclamation.
Emi vs. Comelec (243 SCRA 706)
The Court
whether ballots had
written by only one
handwriting experts,
internal process
upheld the authority of
been written by one or
hand, without need of
this investigation being
the Comelec to determine
two persons, or in groups
calling for the services of
more in the nature of an
Bulaong vs Comelec (220 SCRA 745)
Miriam Defensor Santiago vs. Fidel Valdez Ramos (253 SCRA 599)
Election protest filed by Santiago rendered moot and academic
by the election of Santiago as a Senator in the May 1995 elections and
assumption of office, thus effectively considered as having abandoned or
withdrawn her protest or at the very least, in the language of Moraleja v
Relova, abandoned her “determination to protect and pursue the public
interest involved on who is the real choice of the electorate.”
Gatchalian vs Comelec (245 SCRA 208)
The period for filing an election protest is suspended during the
pendency of a pre-proclamation controversy.
The protestant has to pay a docket fee of P300.00 and an
additional docket fee if there is a claim for damages. For failure to pay the
basic docket fee, the protest should be dismissed.
Poe vs. Gloria Macapagal-Arroyo (PET Case No. 002, March 29, 2005)
The Supreme Court said that if persons not real parties in the
action could be allowed to intervene, proceedings will be unnecessarily
complicated, expensive and interminable—and this is not the policy of the
law. Inasmuch as no real parties such as the vice-presidential aspirants in
the 2004 elections have come forward to intervene, or to be substituted for
the deceased protestant, it is far more prudent to abide by the existing and
strict limitations on intervention and substitution under the law and the
rules.
Quo Warranto
GROUNDS:
the Philippines
Any registered voter in the constituency
Ineligibility or disloyalty to the Republic of
PERIOD FOR FILING:
of the results of the election
Within 10 days from proclamation
Sampayan vs. Daza (213 SCRA 807)
Petition for prohibition filed by residents of N. Samar in the
Supreme Court against Cong. Daza dismissed:
1)
Actual or compensatory damages may be granted in all election
contests or in quo warranto proceedings in accordance with law. (Sec.
259, B.P. 881)
EVIDENCE ON THE ELECTION
The following may be used as evidence in contesting the results
of the election:
Election Returns
An order regarding the revision of ballots is an interlocutory order
because it still requires a party to perform certain acts leading to the final
adjudication of the case
WHO MAY FILE:
Award of damages
because case already moot and academic, Daza’s term to end in
June 30, 1992
Election returns are properly used as evidence in an election
contest when what is involved is the correctness of the number of votes of
each candidate, and the ballots cannot be produced or are not available.
Ballots
Ballots are properly used as evidence when the election returns
are not available.
Poll-Books and Tally Sheets
Poll-books and tally sheets may be used as evidence where by
law, poll-books or tally sheets are required to be kept.
Election Officials
Election officials may be called to testify in the absence of
ballots, tally sheets or poll-books.
Voters
Voters may testify where the illegality consists in the casting of
votes by persons unqualified, unless it can be shown for whom they voted,
it cannot be allowed to change the result.
Certificate of Votes
The provisions of Sections 235 and 236 of the Omnibus Election
Code notwithstanding, the certificates of votes shall be admissible in
evidence to prove tampering, alteration, falsification or any anomaly
committed in the election returns concerned, when duly authenticated by
testimonial or documentary evidence presented to the board of election
inspectors who issued the certificate.
The failure to present any certificate of votes shall be a bar to the
presentation of other evidence to impugn the authenticity of the election
returns.
ELECTION OFFENSES
Jurisdiction over election offenses
The Regional Trial Courts have exclusive original jurisdiction to
try and decide any criminal actions or proceedings for violation of election
laws. (Sec. 268, B.P. 881; Juan v. People, G.R. No. 132378, January 18,
2000)
Prosecution of election offenses
•
The COMELEC has the exclusive power to investigate and
prosecute cases involving violations of election laws. (Sec. 2 (6), Art. IX-C,
1987 Constitution; Sec. 268, B.P. 881; De Jesus v. People, 120 SCRA
760) However, it may validly delegate the power to the Provincial
Prosecutor or to the Ombudsman.
- But it is not the duty of the Comelec as investigator and prosecutor to
gather proof in support of a complaint field before it (Kilosbayan vs.
Comelec, GR No. 128054, Oct. 16, 1997)
In the event that the COMELEC fails to act on any complaint
within 4 months from its filing, the complainant may file the complaint with
the fiscal or the Department of Justice, if warranted. (Sec. 265, B.P. 881)
Preferential disposition of election offenses
Acting as bodyguards or security in the case of policemen
and provincial guards during the campaign period (Sec. 261t,
B.P. 881)
•
Removal, destruction, obliteration, or tampering of lawful
election propaganda, or preventing the distribution thereof
(Sec. 83, B.P. 881 vis-à-vis Sec. 262, B.P. 881)
Voting
•
Vote-buying and vote-selling (Sec. 261a, B.P. 881)
•
Conspiracy to bribe voters (Sec. 261b, B.P. 881)
A disputable presumption of a conspiracy to bribe
voters is created when there is proof that at least 1
voter in different precincts representing at least 20% of
the total precincts in any municipality, city or province
has been offered, promised or given money, valuable
consideration or other expenditure by a candidate's
relatives, leaders and/or sympathizers for the purpose
of promoting the election of such candidate. (Sec. 28,
R.A. 6646)
Investigation and prosecution of election offenses shall be given
priority by the COMELEC. The investigating officer shall resolve the case
within 5 days from submission.
The courts shall give preference to election cases over all other
cases except petitions for writ of habeas corpus. Their trial shall be
commenced without delay and shall be conducted continuously until
terminated, and the case shall be decided within 30 days from its
submission for decision. (Sec. 269, B.P. 881)
Election offenses
The various election offenses are enumerated primarily under
Sec. 261 of B.P. 881. However, other election laws provide for other
election offenses. Some of the more significant offenses include the
following:
Registration
•
•
•
•
Change or alteration or transfer of a voter's precinct
assignment in the permanent list of voters without the express
written consent of the voter (Sec. 4, R.A. 8189)
Continued misrepresentation or holding out as a candidate of
a disqualified candidate or one declared by final and
executory judgment to be a nuisance candidate (Sec. 27f,
R.A. 6646);
•
•
•
Dismissal of employees, laborers, or tenants for refusing or
failing to vote for any candidate (Sec. 261d(2), B.P. 881)
•
Being a flying voter (Sec. 261z (2), B.P. 881)
•
Coercing, bribing, threatening, harassing, intimidating,
terrorizing, or actually causing, inflicting or producing
violence, injury, punishment, torture, damage, loss or
disadvantage to discourage any other person or persons from
filing a certificate of candidacy in order to eliminate all other
potential candidates from running in a special election (Sec.
5, R.A. 8295);
Appointment or use of special policemen, special agents or
the like during the campaign period (Sec. 261m, B.P. 881)
Use of armored land, water or aircraft during the campaign
period (Sec. 261r, B.P. 881)
Unlawful electioneering (Sec. 261k, B.P. 881)
Tampering, increasing, decreasing votes, or refusal to correct
tampered votes after proper verification and hearing by any
member of the board of election inspectors (Sec. 27b, R.A.
6646)
•
Refusal to issue to duly accredited watchers the certificate of
votes cast and the announcement of the election, by any
member of the board of election inspectors (Sec. 27c, R.A.
6646)
Canvassing
•
Knowingly inducing or abetting such misrepresentation of a
disqualified or nuisance candidate (Sec. 27f, R.A. 6646);
Election Campaign
•
Coercion of subordinates to vote for or against any candidate
(Sec. 261d, B.P. 881)
Counting of Votes
Failure of the Board of Election Inspectors to post the list of
voters in each precinct. (Sec. 9, R.A. 7166);
Certificate of Candidacy
•
•
Any chairperson of the board of canvassers who fails to give
notice of meeting to other members of the board, candidate or
political party as required (Sec. 27e, R.A. 6646)
Acts of government or public officers
•
•
Appointment of new employees, creation of new positions,
promotion, or giving salary increases within the election
period (Sec. 261g, B.P. 881)
Transfer of officers and employees in the civil service within
the election period without the prior approval of the
COMELEC (Sec. 261h, B.P. 881)
People v. Reyes (247 SCRA 328)
Transfer or detail of a government officer or employee will not be
penalized if done to promote efficiency in the government service. To prove
violation, two elements must concur: 1) The fact of transfer or detail within
the election period as fixed by the Comelec; and 2) The transfer or detail
was made without prior approval of the Comelec, in accordance with its
IRR. Here the transfer was made 1 day prior to Comelec’s issuance of
Res. No. 2333, which prescribed the rules and regulations on how to obtain
Comelec approval for such transfers.
•
•
•
•
•
•
Intervening of public officers and employees in the civil
service in any partisan political activity (Sec. 261i, B.P. 881)
•
•
•
Release, disbursement or expenditure of public funds during
the prohibited period (Sec. 261v, B.P. 881)
Art. V, Sec. 1 of the 1987 Constitution states that suffrage "may"
be exercised by qualified citizens of the Philippines, as compared to the
1935 and 1973 Constitutions which used the term "shall." Thus, it can be
said that under the current Constitution, failure to register or to vote is no
longer an election offense.
Construction of public works, etc. during the prohibited period
(Sec. 261w, B.P. 881)
Suspension of elective local officials during the election
period without prior approval of the COMELEC (Sec. 261x,
B.P. 881)
Coercion of election officials and employees
Threats, intimidation, terrorism, use of fraudulent devices or
other forms of coercion (Sec. 261e, B.P. 881)
Use of undue influence (Sec. 261j, B.P. 881)
Carrying deadly weapons within the prohibited area (Sec.
261p, B.P. 881)
Carrying firearms outside residence or place of business
(Sec. 261q, B.P. 881)
Organization or maintenance of reaction forces, strike forces,
or similar forces during the election period (Sec. 261u, B.P.
881)
Other prohibitions
•
•
•
•
•
Discrimination in the sale of air time (Sec. 261dd (5), B.P.
881) In addition to the prescribed penalty, such refusal
constitutes a ground for cancellation or revocation of the
franchise.
Failure to register or vote
It is not necessary that the deadly weapon be seized from the
accused while he was in the precinct or within a radius of 100 meters
therefrom; enough that the accused carried the deadly weapon within the
prohibited radius during any of the days and hours specified in the law.
•
Refusal to carry election mail during the election period (Sec.
261dd (4), B.P. 881). In addition to the prescribed penalty,
such refusal constitutes a ground for cancellation or
revocation of certificate of public convenience or franchise.
Illegal release of prisoners before and after election (Sec.
261n, B.P. 881)
Mappala v. Judge Nunez (240 SCRA 200)
•
•
Use of public funds for an election campaign (Sec. 261o, B.P.
881)
Coercion, intimidation, violence
•
•
Unauthorized printing of official ballots and election returns
with printing establishments that are not under contract with
the COMELEC (Sec. 27a, R.A. 6646)
Wagering upon the results of elections (Sec. 261c, B.P. 881)
Sale, etc. of intoxicating liquor on the day fixed by law for the
registration of voters in the polling place, or the day before
the election or on election day (Sec. 261dd (1), B.P. 881)
Opening booths or stalls within 30 meters of any polling place
(Sec, 261dd (2), B.P. 881)
Holding fairs, cockfights, etc. on election day (Sec. 261dd (3),
B.P. 881)
Other election offenses under RA 6646

Person who violated provisions against prohibited forms of election
propaganda

If the chairman of the BEI fails to affix his signature at the back of the
official ballot, in the presence of the voter, before delivering the ballot
to the voter. (under RA 7166)
Good faith not a defense
Election offenses are generally mala prohibita. Proof of criminal
intent is not necessary. Good faith, ignorance, or lack of malice is not a
defense; the commission of the prohibited act is sufficient. (People v.
Bayona, 61 Phil. 181; People v. Fuentes, 181 Phil. 186)
Penalties
For individuals
•
•
•
Imprisonment of not less than 1 year but not more
than 6 years, without probation (Sec. 264, B.P.
881)
Disqualification to hold public office;
Deprivation of the right of suffrage
For a Foreigner
•
•
Imprisonment of not less than 1 year but not more
than 6 years (without probation);
Deportation after service of sentence
For a Political Party
•
Payment of a fine not less than P10,000 after a
criminal conviction
Persons Required by Law to Keep Prisoners in their Custody
For prisoners illegally released from any penitentiary or jail
during the prohibited period, where such prisoners commit any act of
intimidation, terrorism or interference in the election, the Director of the
Bureau of Corrections, provincial warden, jail keeper or persons who are
required by law to keep said prisoners in their custody shall, if convicted,
be sentenced to suffer prison mayor in its maximum period. (Sec. 264,
B.P. 881)
Arrests in Connection with the Election Campaign
No person shall be arrested or detained at any time for any
alleged offense committed during and in connection with any election
through any act or language tending to support or oppose any candidate,
political party or coalition of political parties under or pursuant to any order
of whatever name or nature and by whomsoever issued except only upon a
warrant of arrest issued by a competent judge after all the requirements of
the Constitution have been strictly complied with.
Prescription
Election offenses prescribe 5 years from the date of their
commission.
If the discovery of the offense be made in an election contest
proceeding, the period of prescription shall commence on the date on
which the judgment in such proceedings becomes final and executory.
(Sec. 267, B.P. 881)
Special Laws
RA 7941 – Party-List System Act

Seeks to promote proportional representation

Any party already registered need not register
manifestation not later than 90 days before election.
anew.
File
Grounds for refusing or canceling registration of Party-Lists groups
a.
Religious sect or denomination, organization
b.
Advocates violence
c.
Foreign party or organization
d.
Receives foreign support
e.
Violates election law
f.
Untruthful statements in its petition
g.
Ceased to exist for at least one year
h.
Failed to participate in the last two 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
Nomination of party-list reps should not include any candidate for any
elective office or a person who has lost his bid for an elective office in the
immediately preceding election
Incumbent sectoral representatives in the House of Representatives
who are nominated in the party-list system shall not be considered
resigned
Party List Reps constitute 20% of the total number of the members of
the House of Reps including those under the party-list
How do we determine the number of party list seats in the House of
Reps?
Formula: (# of District Reps / 0.80) x 0.20 = # of party list reps
•
The 5 major political parties are now entitled to participate in the party
list system
•
Parties receiving at least 2% of the total votes cast for the party-list
system shall be entitled to one seat each
•
No party shall be entitled to more than 3 seats
•
Currently, there are 260 (208/0.80) seats. So 20 % of 260 are 52
seats. But this is only a ceiling.
•
A list with 5 names should be submitted to COMELEC as to who will
represent the party in the Congress.
•
Ranking in the list submitted determines who shall represent party or
organization.
Q: May political parties participate in the party-list elections?
A: Yes, provided that the political parties themselves represent the
marginalized and under represented sectors, parties and organizations.
(Ang Bagong Bayani-OFW Labor Party v. COMELEC, G. R. No. 147589 26
June 2001).