ELECTION LAW

ATTY. SAHARA ALIA J. SILONGAN

College of Law
Notre Dame University
A.Y. 2020-2021

References: Agpalo, De Leon, Nachura

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 SYLLABUS
A. General Principles C. Political Parties
1. Governing Laws 1. Jurisdiction of the COMELEC over political
2. Philippine Elections parties
3. Initiative and Referendum 2. Registration of political parties
4. Recall
5. Plebiscite D. Candidacy
1. Qualifications and disqualifications of
candidates
B. Suffrage 2. Filing of certificates of candidacy
1. Qualification and disqualification of voters
a. Effect of filing
2. Registration and deactivation of voters
b. Substitution and withdrawal of candidates
3. Inclusion and exclusion proceedings c. Nuisance candidates
4. Local and overseas absentee voting
d. Effect of disqualification
5. Detainee voting
 SYLLABUS
E. Campaign G. Remedies
1. Premature campaigning
1. Petition to deny due course or
2. Prohibited contributions
cancel a certificate of candidacy
3. Lawful and prohibited election propaganda
4. Limitations on expenses 2. Petition for disqualification
5. Statement of contributions and expenses 3. Failure of election; call of
special election
F. Board of Election Inspectors and Board of 4. Pre-proclamation controversy
Canvassers
1. Composition 5. Election protest
2. Powers 6. Quo warranto
 Governing laws
1. 1987 Constitution 9. Fair Elections Act (RA 9006)
2. Omnibus Election Code (BP 881) 10. Voter’s Registration Act of
3. Electoral Reforms Law of 1987 (RA 1996 (RA 9189)
6646)
4. Act Eliminating the Preparatory
11. Overseas Absentee Voting
Recall Assembly (RA 9244) (RA 10590 amending RA 9189)
5. Automated Election Law (RA 9369 12. Biometrics (RA 10367)
amending RA 8436)
13. Lone Candidate in Special
6. Synchronized Elections Act (RA Elections (RA 8295)
7166)
7. 1991 Local Government Code (RA 14. Official Sample Ballots (RA
7160) 7004)
8. Initiative and Referendum (RA 6735) 15. Citizenship Retention and
Reacquisition Act (RA 9225)
Omnibus Election Code
It is still the basic law in elections. It remains the
fundamental law on the subject and such pieces of
legislations are designed to improve the law and to achieve
the holding of honest, orderly, peaceful, free and credible
elections (HOPEFRECRE).
Philippine Elections
ELECTION is the embodiment of the
popular will, the expression of the
sovereign power of the people. It
involves the choice or selection of
candidates to public office by
popular vote. It refers to the
conduct of polls. It means the
listing of votes, the holding of
electoral campaign, the act of
casting and receiving the ballots
from the voters, counting them,
making the election returns, and
proclaiming the winning candidates.
A “regular” election, whether
national or local, refers to an
election participated in by those who
possess the right of suffrage, are
not otherwise disqualified by law, and
who are registered voters.

A “special” election is held where

there is a 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.
 Philippine Elections
Pursuant to RA 9369, the May 2019 NLE was again fully automated, as it was with the May 2010 NLE, 2013 NLE and with
the May 2016 NLE, from:
1. the counting of votes in the precincts;
2. the consolidation of the precinct results;
3. the transmission of precinct results to the corresponding city/municipality canvassing board;
4. the canvassing of precinct results in the district, city, municipal levels;
5. the proclamation of winning candidates in the district, city, municipal levels;
6. the transmission of the district, city, municipal canvassing results to the provincial canvassing board, and
of the highly urbanized city results to the national canvassing board;
7. the canvassing of city/municipal results in the provincial level;
8. the proclamation of winning candidates in the provincial level;
9. the transmission of the highly urbanized city and provincial results to the national canvassing board; and
10. the canvassing of provincial and highly urbanized city results, including overseas results, in the national
level.
 PURPOSE of ELECTION
The purpose of an election is to enable the electorate to
choose the men and women who would run their
government, whether national, provincial, city, municipal,
or barangay. It is to give the voters direct participation in
the affairs of their government, either in determining
who shall be their public officials or in deciding some
questions of public interests, and for this purpose all of
the legal voters should be permitted, unhampered and
unmolested, to cast their ballots.
 PRIMAL FEATURE of ELECTION LAW

The primal feature of the election law is to allow the

citizen to vote secretly for whom he pleases, free
from improper influences.
 PURPOSE of ELECTION LAW

The purpose of election laws is to give effect to,

rather than frustrate, the will of the electorate.
(Silverio v. Castro, 1967)
 Construction
ü Liberal construction
v Election laws may be divided into three parts for purposes
of applying the rules of statutory construction, to wit:
1. Provisions for the conduct of elections which election
officials are required to follow.
2. Provisions which candidates for office are required to do
and comply with.
3. Procedural rules which are designed to ascertain, in case of
dispute, the actual winner in the elections.
 Initiative and Referendum
Applicable laws: 1987 Philippine Constitution, R.A. No.
6735 “The Initiative and Referendum Act”, R.A. No.
7160 “Local Government Code of 1991”
 1987 Constitution
SECTION 32, Article VI: The Congress shall,
as early as possible, provide for a system of
initiative and referendum, and the exceptions
therefrom, whereby the people can directly
propose and enact laws or approve or reject
any act or law or part thereof passed by the
Congress or local legislative body after the
registration of a petition therefor signed by
at least ten per centum of the total number of
registered voters, of which every legislative
district must be represented by at least three
per centum of the registered voters thereof.
 1987 Constitution
SECTION 2, Article XVII: Amendments to this
Constitution may likewise be directly proposed
by the people through initiative upon a
petition of at least twelve per centum of the
total number of registered voters, of which
every legislative district must be represented
by at least three per centum of the registered
voters therein. No amendment under this
section shall be authorized within five years
following the ratification of this Constitution
nor oftener than once every five years
thereafter.

The Congress shall provide for the

implementation of the exercise of this right.
 Initiative (R.A. No. 6735)
Initiative is the power of the There are three (3) systems of
initiative, namely:
people to propose
1. Initiative on the
amendments to the Constitution;
Constitution or to propose 2. Initiative on statutes;
and enact legislations and
through an election called for 3. Initiative on local
the purpose. legislation.

Indirect initiative is exercise of initiative by the people through a proposition sent to

Congress or the local legislative body for action.
 Referendum
Referendum is the Referendum on statutes Referendum on local law
power of the electorate which refers to a which refers to a
to approve or reject a petition to approve or petition to approve or
legislation through an reject an act or law, or reject a law, resolution
election called for the part thereof, passed by or ordinance enacted by
purpose. Congress. regional assemblies and
local legislative bodies.
 Initiative and Referendum
Section 4. Who may exercise. — The power of initiative and referendum may be exercised by all
registered voters of the country, autonomous regions, provinces, cities, municipalities and
barangays.

Section 17. Local Referendum. — Notwithstanding the provisions of Section 4 hereof, any local
legislative body may submit to the registered voters of autonomous region, provinces, cities,
municipalities and barangays for the approval or rejection, any ordinance or resolution duly
enacted or approved.

Said referendum shall be held under the control and direction of the Commission within sixty (60)
days in case of provinces and cities, forty-five (45) days in case of municipalities and thirty (30)
days in case of barangays.

The Commission shall certify and proclaim the results of the said referendum.
Procedure for National Initiative/Referendum

Petition
 Petitioners
The proponent shall prepare the petition containing, among others, the
law sought to be enacted, approved or rejected, amended or repealed, as
the case may be for the signature of the following per centum of
registered voters:
a. national law: at least 10% of the total number of the registered
voters, of which every legislative district is represented by at
least 3% of the registered voters thereof;
b. 1987 Constitution: at least 12% of the total number of
registered voters as signatories, of which every legislative
district must be represented by at least 3% of the registered
voters therein; (Section 5)
Procedure for National Initiative/Referendum

Registration Setting of
Special
Registration
Day Verification
of signatures
Petition

Initiative/
Referendum

Publication
 The following cannot be the subject
of an initiative or referendum
Prohibited petition:

Measures (a) No petition embracing more

than one (1) subject shall be
submitted to the electorate; and

(b) Statutes involving emergency

measures, the enactment of which
are specifically vested in Congress
by the Constitution, cannot be
subject to referendum until ninety
(90) days after its effectivity.
 Procedure in Local Initiative/Referendum

Petition
w/ the
LLB
 Required Number of Petitioners
a. Autonomous region - not less than two thousand
(2,000) registered voters
b. Provinces and cities - not less than one thousand
(1,000) registered voters
c. Municipalities - not less than one hundred (100)
registered voters
d. Barangays - not less than fifty (50) registered
voters
 Procedure in Local Initiative/Referendum

Petition Inaction Invoke

w/ the power of
initiative;
LLB Notice Collection of
signatures
 Required Number of Signatures
a. regional, provincial or city law, resolution or ordinance: at least 10%
of the registered voters in the province or city, of which every
legislative district must be represented by at least 3% of the
registered voters therein; Provided, however, That if the province or
city is composed only of one (1) legislative district, then at least
each municipality in a province or each barangay in a city should be
represented by at least 3% of the registered voters therein;
b. municipal ordinance: at least 10% of the registered voters in the
municipality, of which every barangay is represented by at least
three 3% of the registered voters therein;
c. barangay resolution or ordinance: at least 10% of the registered
voters in said barangay. (Section 5)
 Procedure in Local Initiative/Referendum

Petition Inaction Invoke

w/ the power of
initiative;
LLB Notice Collection of
signatures

Certification
Initiative/
Referendum
Submission of
Petition with
the COMELEC
 Effectivity
Approved national law Rejected national law Majority vote not obtained
effective fifteen (15) days deemed repealed and the repeal shall
following completion of its become effective fifteen (15) days The national law sought to
following the completion of publication
publication in the Official of the proposition and the be rejected or amended
Gazette or in a newspaper of certification by the Commission in the shall remain in full force
general circulation in the Official Gazette or in a newspaper of
and effect.
Philippines. general circulation in the Philippines.

Constitution National/Local initiative Majority vote not obtained

proposition
If the local proposition
effective as to the day effective fifteen (15) days fails to obtain said number
of the plebiscite. after certification and of votes, the proposition is
proclamation by the
Commission. considered defeated.
Section 124. Limitations on Local
Initiative. -
(a) The power of local initiative shall not
be exercised more than once a year.
(b) Initiative shall extend only to subjects
or matters which are within the legal
powers of the sanggunian to enact.
(c) If at any time before the initiative is
held, the sanggunian concerned adopts in
toto the proposition presented and the
local chief executive approves the same,
the initiative shall be cancelled. However,
those against such action may, if they so
desire, apply for initiative in the manner
herein provided. (LGC)
 Marmeto v. COMELEC (September 26, 2017)

Facts: Marmeto filed in behalf of the Muntinlupa People Power (MPP) a proposed ordinance with the Sangguniang Panlungsod of Muntinlupa. The proposal sought
the creation of a sectoral council that will act as a legislative body that will directly propose, enact, approve, or reject any ordinance through the power of
initiative and referendum, and the appropriation of the amount of P200 million for the livelihood programs and projects that would benefit the people of
Muntinlupa City.
For failure of the Sanggunian Panlungsod to act on the proposition within 30 days from its filing, Marmeto filed a petition for initiative with the same body to
invoke the power of initiative.
The COMELEC set aside Marmeto's initiative petition because the propositions therein were beyond the powers of the Sanggunian Panglunsod to enact and for
lack of budgetary allocation.

Issue: Was the COMELEC correct in setting aside the petition?

Held: As to the first ground, the COMELEC cannot defeat the exercise of the people's original legislative power for lack of budgetary allocation for its conduct.
Initiative and referendum are the means by which the sovereign people exercise their legislative power, and the valid exercise thereof should not be easily
defeated by claiming lack of specific budgetary appropriation for their conduct. The grant of a line item in the FY 2014 GAA for the conduct and supervision of
elections constitutes as sufficient authority for the COMELEC to use the amount for elections and other political exercises, including initiative and recall, and
to augment this amount from the COMELEC's existing savings.
As to the second ground, the COMELEC is given the power to review the sufficiency of initiative petitions, particularly the issue of whether the propositions set
forth therein are within the power of the concerned sanggunian to enact. In as much as a sanggunian does not have the power to create a separate local
legislative body and that other propositions in Marmeto's initiative petition clearly contravene the existing laws, the COMELEC did not commit grave abuse of
discretion amounting to lack or excess of jurisdiction in dismissing the petition and cannot be ordered to conduct and supervise the procedure for the conduct of
initiative elections.
Indirect Initiative
Section 11. Indirect Initiative. — Any duly
accredited people's organization, as defined
by law, may file a petition for indirect
initiative with the House of Representatives,
and other legislative bodies. The petition shall
contain a summary of the chief purposes and
contents of the bill that the organization
proposes to be enacted into law by the
legislature.
The procedure to be followed on the initiative
bill shall be the same as the enactment of any
legislative measure before the House of
Representatives except that the said initiative
bill shall have precedence over the pending
legislative measures on the committee.
 Recall
Applicable laws: R.A. No. 7160 “1991 Local Government
Code”, R.A. No. 9244 “Act Eliminating the Preparatory
Recall Assembly”
 Recall
Ø Recall is a mode of removal of a local elective official by the people before the end
of his term of office. It refers to the election itself by means of which voters decide
whether they should retain their local official or elect his replacement.
Ø The power of recall for loss of confidence shall be exercised by the registered
voters of a local government unit to which the local elective official subject to such
recall belongs. (Section 69, LGC)
Ø Under the OEC, recall may be initiated by a preparatory recall assembly or by the
registered voters. The preparatory recall assembly, however, was already eliminated
through RA 9244. The new law now provides that the recall of any elective provincial,
city, municipal or barangay official shall be commenced by a petition of a registered
voter in the local government unit concerned and supported by the registered
voters in the local government unit concerned during the election in which the local
official sought to be recalled was elected subject to percentage requirements under
Section 1 thereof.
 Procedure
1. Gathering of signatures for the petition which must reach the percentage requirement under Sec. 70/
2. Filing of the written petition for recall with the Comelec through its office in the local government unit
concerned. The petition shall contain, among others, a brief narration of the reasons and justifications
therefor.
3. Certification by the Comelec to the sufficiency of the required number of signatures. Failure to obtain the
required number of signatures automatically nullifies the petition.
4. If the petition is found to be sufficient in form, the Comelec shall provide the official sought to be recalled
a copy of the petition, cause its publication and posting thereof.
5. Verification and authentication of the signatures of the petitioners and registered voters by the Comelec.
6. Announcement by the Comelec of the acceptance of candidates to the position and thereafter preparation
of the list of candidates which shall include the name of the official sought to be recalled.
7. Setting of the date of the election or recall.
8. Election and proclamation of a successor in the person of the candidate receiving the highest number of
votes cast during the election on recall. Should the official sought to be recalled receive the highest
number of votes, confidence in him is thereby affirmed, and he shall continue in office. (Section 72, LGC)
 Prohibition from Resignation

The elective local official sought to be recalled shall

not be allowed to resign while the recall process is in
progress. (Sec. 73)
 Limitations
(a) Any elective local official may be the subject of a recall
election only once during his term of office for loss of confidence.
(b) No recall shall take place within one (1) year from the date of
the official's assumption to office or one (1) year immediately
preceding a regular local election.

Example: Juan assumed office as Mayor on June 30, 2019. May

Pedro file a petition for recall of Mayor Juan on December 5, 2019?
 These limitations do not apply to the
preliminary proceedings, which may take place even
within one year from the date of assumption of
office of the official concerned, so long as the recall
election itself takes place after one year from such
assumption.
May the petition be filed on May 10, 2021?
 Plebiscite
Applicable law: 1987 Constitution
 Plebiscite
Plebiscite is the electoral process by which an initiative on the Constitution is approved or rejected by the people. Thus, Section
4, Article XVII of the 1987 Constitution provides:

SECTION 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a
majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days
after the approval of such amendment or revision.
Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which
shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on
Elections of the sufficiency of the petition.

Plebiscite is also the means by which the voters in the affected areas consent or object to the change in the form of local
government. Thus, Sections 10 and 18, Article X of the Constitution provide:

SECTION 10. No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary
substantially altered, except in accordance with the criteria established in the Local Government Code and subject to
approval by a majority of the votes cast in a plebiscite in the political units directly affected.
 SECTION 18. The Congress shall enact an organic act for each autonomous region with the
assistance and participation of the regional consultative commission composed of
representatives appointed by the President from a list of nominees from multisectoral
bodies. The organic act shall define the basic structure of government for the region
consisting of the executive department and legislative assembly, both of which shall be
elective and representative of the constituent political units. The organic acts shall
likewise provide for special courts with personal, family, and property law jurisdiction
consistent with the provisions of this Constitution and national laws.

The creation of the autonomous region shall be effective when approved by majority of the votes
cast by the constituent units in a plebiscite called for the purpose, provided that only provinces,
cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous
region.
 SUFFRAGE
Applicable laws: Article V, 1987 Constitution
RA 8189, the Voter’s Registration Act of 1996
COMELEC Resolution No. 10443 re Local Absentee Voting
RA No. 9189, The Overseas Absentee Voting Act of 2003
COMELEC Resolution No. 9371, re Detainee Voting (March 6, 2012)
> Suffrage is the right as well as obligation of
qualified citizens to vote in the election of
certain national and local officers of the
government and in the decision of public
questions submitted to the people.
> It is not a natural right of the citizens but
merely a privilege.
> It is not absolute.

>
It is classified as a political
right, as well as a bounden
duty of every citizen, enabling
him to participate in the
process of government to
assure that it truly derives its
powers solely from the
consent of the governed.
Since the right of suffrage is
a political not a natural right,
it is within the power of the
State to prescribe the manner
in which such right shall be
exercised.
 1. Election
2.Plebiscite
SCOPE OF 3. Referendum
4. Initiative
SUFFRAGE 5. Recall
CONSTITUTIONAL PROVISION

ARTICLE V, SECTION 1. Suffrage may

be exercised by all citizens of the
Philippines not otherwise disqualified
by law, who are at least eighteen
years of age, and who shall have
resided in the Philippines for at least
one year and in the place wherein
they propose to vote for at least six
months immediately preceding the
election. No literacy, property, or
other substantive requirement shall
be imposed on the exercise of
suffrage.
CONSTITUTIONAL PROVISION

ARTICLE V, SECTION 2. The Congress

shall provide a system for securing
the secrecy and sanctity of the ballot
as well as a system for absentee
voting by qualified Filipinos abroad.
The Congress shall also design a
procedure for the disabled and the
illiterates to vote without the
assistance of other persons. Until
then, they shall be allowed to vote
under existing laws and such rules as
the Commission on Elections may
promulgate to protect the secrecy of
the ballot.
 1. Citizenship
QUALIFICATIONS OF 2. Age
A VOTER 3. Residence
 RESIDENCE

That place where the elector makes his permanent

or true home, his principal place of business, and his
family residence, if he has one; where he intends to
remain indefinitely, and without a present intention
to depart, when he leaves it he intends to return to
it, and after his return he deems himself at home.
 PEREZ V. COMELEC

The fact that a person is registered as a voter in one

district is not proof that he is not domiciled in
another district. Thus, in Faypon v. Quirino (Dec. 22,
1954), this Court held that the registration of a
voter in a place other than his residence of origin is
not sufficient to consider him to have abandoned or
lost his residence.
 DOMICILE
In election cases, the SC treats domicile and residence as
synonymous. Domicile is not easily lost. In order to
acquire a new domicile by choice, there must concur:
1. Actual residence or bodily presence in the new locality;
2. A bona fide intention to remain there and to abandon
the old domicile; and
3. Acts which correspond with that purpose.
 INTENTION

There must basically be animus manendi (intention

to remain) coupled with animus non revertendi
(intention not to return).
The residence at the place chosen for the new
domicile must be actual.
 The responsibility of determining who
may be “disqualified by law,” and,
therefore, may be precluded from
exercising the right of suffrage, is left
by the Constitution to Congress.
 RA 8189, SECTION 11. DISQUALIFICATION
a. Any person who has been sentenced by final
judgment to suffer imprisonment of not less than
one (1) year, such disability not having been removed
by plenary pardon or amnesty: Provided, however,
That any person disqualified to vote under this
paragraph shall automatically reacquire the right to
vote upon expiration of five (5) years after service
of sentence;
 RA 8189, SECTION 11. DISQUALIFICATION
b. Any person who has been adjudged by final judgment by
a competent court or tribunal of having committed any
crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation of the
firearms laws or any crime against national security,
unless restored to his full civil and political rights in
accordance with law: Provided, That he shall automatically
reacquire the right to vote upon expiration of five (5)
years after service of sentence;
 RA 8189, SECTION 11. DISQUALIFICATION

c. Insane or incompetent persons declared as such

by competent authority unless subsequently
declared by proper authority that such person is no
longer insane or incompetent.
 Illiterate or Disabled
Sec. 14. Any illiterate person may register with the assistance of the
Election Officer or any member of an accredited citizen's arms. XXX
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.
 REGISTRATION
RA 8189, Section 3(a) -
Registration refers to 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.
 SYSTEM OF CONTINUING REGISTRATION
Sec. 8. System of Continuing Registration of Voters.
- The personal filing of application of registration
of voters shall be conducted daily in the office of the
Election Officer during regular office hours. No
registration shall, however, be conducted during the
period starting one hundred twenty (120) days
before a regular election and ninety (90) days
before a special election.
 AKBAYAN YOUTH V. COMELEC
The SC sustained the Resolution of the COMELEC denying the
request of Akbayan Youth to conduct a two-day additional
registration of new voters on February 17 and 18, 2001. Said dates
fall within the prohibitive period for registration under Section 8
of RA 8189. Further, if a special voters registration is conducted,
then the prohibitive period for filing petitions for exclusion must
likewise be adjusted to a later date. If we do not, then no one can
challenge the Voters list since we would already be well into the
100-day prohibitive period. Aside from being a flagrant breach of
the principles of due process, this would open the registration
process to abuse and seriously compromise the integrity of the
voters list, and consequently, that of the entire election.J
 WHO MAY REGISTER
Sec. 9. All citizens of the Philippines not otherwise
disqualified by law who are at least eighteen (18) Any person, who, on the day
years of age, and who shall have resided in the
Philippines for at least one (1) year, and in the place
wherein they propose to vote, for at least six (6)
of registration may not
months immediately preceding the election, may
register as a voter. have reached the required
Any person who temporarily resides
in another city, municipality or country solely by
age or period of residence
reason of his occupation, profession, employment in
private or public service, educational activities, work
but, who, on the day of the
in the military or naval reservations within the
Philippines, service in the Armed Forces of the election shall possess such
Philippines, the National Police Forces, or
confinement or detention in government institutions
in accordance with law, shall not be deemed to have
qualifications, may register
lost his original residence. as a voter.
 CHANGE OF ADDRESS
Sec. 12. Change of Residence to Another City Sec. 13. Change of Address in the Same
or Municipality. - Any registered voter who City or Municipality. - Any voter who
has transferred residence to another city or has changed his address in the same city
municipality may apply with the Election or municipality shall immediately notify
Officer of his new residence for the transfer the Election Officer in writing. If the
of his registration records. change of address involves a change in
The application for transfer of registration precinct, the Board shall transfer his
shall be subject to the requirements of registration record to the precinct book
notice and hearing and the approval of the of voters of his new precinct and notify
Election Registration Board, in accordance the voter of his new precinct. All
with this Act. Upon approval of the changes of address shall be reported to
application for transfer, and after notice of the office of the provincial election
such approval to the Election Officer of the supervisor and the Commission in
former residence of the voter, said Election
Officer shall transmit by registered mail the Manila.
voter's registration record to the Election
Officer of the voter's new residence.
 ELECTION REGISTRATION BOARD
Sec. 15. There shall be in each city and No member of the Board shall
municipality as many as Election In case of be related to each other or to
Registration Boards as there are
election officers therein. In thickly disqualification or any incumbent city or
populated cities/municipalities, the municipal elective official
Commission may appoint additional non-availability of the within the fourth civil degree
election officers for such duration as
Local Registrar or the of consanguinity or affinity.
may be necessary. If in succeeding elections, any
The Board shall be composed of the Municipal Treasurer, of the newly elected city or
Election Officer as chairman and as municipal officials is related
members, the public school official the Commission shall to a member of the board
most senior in rank and the local civil within the fourth civil degree
registrar, or in this absence, the city designate any other of consanguinity or affinity,
or municipal treasurer. In case of
disqualification of the Election appointive civil such member is automatically
Officer, the Commission shall disqualified to preserve the
designate an acting Election Officer
who shall serve as Chairman of the
service official from integrity of the Election
Registration Board.
Election Registration Board. the same locality as
substitute.
 HEARING
Sec. 17. Upon receipt of A registrant whose application All applications for registration
applications for registration, the is not seasonably objected to shall be heard and processed on a
Election Officer shall: shall be notified in writing quarterly basis. For this purpose,
stating therein that no the Election Registration Board
Set them for hearing, notice of shall meet and convene on the
which shall be posted in the city or objection was raised against third Monday of April, July,
municipal bulletin board and in his his application and that he October, and January of every
office for at least one (1) week need not appear on the date calendar year, or on the next
before the hearing, and furnish set for the hearing of his following working day if the
copies thereof to the applicant application. Physical presence designated days fall on a non-
concerned, the heads or of the applicant concerned working holiday, except in an
representatives of political shall, however, be mandatory election year to conform with
parties, and other accredited in all cases where objections the one hundred twenty (120)
groups or organizations which days prohibitive period before
actively participate in the electoral against his application have
been seasonably filed with the election day. Should one day be
process in the city or municipality. sufficient for the processing of
proper Election Registration
On the date of the hearing, the Board for him to rebut or all accepted applications, the
Election Officer shall receive such Board shall adjourn from day to
evidence for or against the
refute evidence presented in day until all the applications
applicant.
opposition thereto. shall have been processed.
 CHALLENGES
Sec. 18. Any voter, candidate or representative of a registered political
party may challenge in writing any application for registration, stating
the grounds therefor. The challenge shall be under oath and be attached to
the application, together with the proof of notice of hearing to the
challenger and the applicant.
Oppositions to contest a registrant's application for inclusion
in the voter's list must, in all cases, be filed not later than the second
Monday of the month in which the same is scheduled to be heard or
processed by the Election Registration Board. Should the second Monday of
the month fall on a non-working holiday, oppositions may be filed on the
next following working day. The hearing on the challenge shall be heard on
the third Monday of the month and the decision shall be rendered before
the end of the month.
 Sec. 20. The Election Officer shall submit to the Board all applications for
registration filed, together with the evidence received in connection therewith.

The Board shall, by Upon approval, the If the Board

majority vote, approve Election Officer shall disapproves the
or disapprove the assign a voters application, the
applications. identification number applicant shall be
and issue the furnished with a
corresponding certificate of
identification card to disapproval stating
the registered voter. the ground therefor.
 remedy

In cases of approval or disapproval, any aggrieved

party may file a petition for exclusion or inclusion,
as the case may be, with the proper Municipal or
Metropolitan Trial Court.
 jurisdiction
Sec. 33. The Municipal and Metropolitan Trial Courts shall have
original and exclusive jurisdiction over all cases of inclusion and
exclusion of voters in their respective cities or municipalities.
Decisions of the Municipal or Metropolitan Trial Courts
may be appealed by the aggrieved party to the Regional Trial
Court within five (5) days from receipt of notice thereof.
Otherwise, said decision shall become final and executory.
The regional trial court shall decide the appeal within ten
(10) days from the time it is received and the decision shall
immediately become final and executory. No motion for
reconsideration shall be entertained.
 petition for inclusion
Sec. 34. Any person whose application for registration has been:
a) disapproved by the Board, or
b) whose name has been stricken out from the list
may file with the court a petition to include his name in the permanent list of voters
in his precinct at any time except one hundred five (105) days prior to a regular
election or seventy-five (75) days prior to a special election.
It shall be supported by a certificate of disapproval of his application and proof
of service of notice of his petition upon the Board.
The petition shall be decided within fifteen (15) days after its filing. If the
decision is for the inclusion of voters in the permanent list of voters, the Board
shall place the application for registration previously disapproved in the
corresponding book of voters and indicate in the application for registration the
date of the order of inclusion and the court which issued the same.
 Petition for exclusion
Sec. 35. Any registered voter, representative of a political party or the Election
Officer, may file with the court a sworn petition for the exclusion of a voter from
the permanent list of voters giving the name, address and the precinct of the
challenged voter at any time except one hundred (100) days prior to a regular
election or sixty-five (65) days before a special election.
The petition shall be accompanied by proof of notice to the Board and to
the challenged voter and shall be decided within ten (10) days from its filing.
If the decision is for the exclusion of the voter from the list, the Board
shall, upon receipt of the final decision, remove the voter's registration record from
the corresponding book of voters, enter the order of exclusion therein, and
thereafter place the record in the inactive file.
 Reinstatement, Correction of Name or Inclusion of Record
Sec. 37. Voter Excluded Through Inadvertence or Registered with an Erroneous or
Misspelled Name. - Any registered voter who:
a) has not been included in the precinct certified list of voters, or
b) who has been included therein with a wrong or misspelled name
may file with the Board an application for reinstatement or correction of name.
If it is denied or not acted upon, he may file on any date with the proper
Municipal Circuit, Municipal or Metropolitan Trial Court a petition for an order
directing that his name be entered or corrected in the list. He shall attach to the
petition a certified copy of his registration record or identification card or the
entry of his name in the certified list of voters used in the preceding election,
together with the proof that his application was denied or not acted upon by the
Board and that he has served notice to the Board.
 Domino v. comelec
The contention of DOMINO that the decision of the Metropolitan Trial Court of Quezon City in the exclusion
proceedings declaring him a resident of the Province of Sarangani and not of Quezon City is final and conclusive
upon the COMELEC cannot be sustained.
The determination of the MTC in the exclusion proceedings as to the right of DOMINO to be included or excluded
from the list of voters in the precinct within its territorial jurisdiction, does not preclude the COMELEC, in the
determination of DOMINO's qualification as a candidate, to pass upon the issue of compliance with the residency
requirement.
The proceedings for the exclusion or inclusion of voters in the list of voters are summary in character. Thus, the
factual findings of the trial court and its resultant conclusions in the exclusion proceedings on matters other than
the right to vote in the precinct within its territorial jurisdiction are not conclusive upon the COMELEC. Although
the court in inclusion or exclusion proceedings may pass upon any question necessary to decide the issue raised
including the questions of citizenship and residence of the challenged voter, the authority to order the inclusion in
or exclusion from the list of voters necessarily caries with it the power to inquire into and settle all matters
essential to the exercise of said authority.
However, except for the right to remain in the list of voters or for being excluded therefrom for the particular
election in relation to which the proceedings had been held, a decision in an exclusion or inclusion proceeding, even
if final and unappealable, does not acquire the nature of res judicata. In this sense, it does not operate as a bar to
any future action that a party may take concerning the subject passed upon in the proceeding. Thus, a decision in an
exclusion proceeding would neither be conclusive on the voter's political status, nor bar subsequent proceedings on
his right to be registered as a voter in any other election.
 Deactivation of Registration
Grounds for Deactivation: The board shall deactivate the
registration and remove the
a) Final judgment of imprisonment for not
less than one (1) year; registration records of such
b) Final judgment of having persons from the
caused/committed any crime involving
disloyalty to the duly constituted corresponding precinct book of
government; voters and place the same,
c) Insanity, incompetency; properly marked and dated in
d) Failure to vote in the two (2) successive
preceding regular elections; indelible ink, in the inactive
e) Order of exclusion of registration by the file after entering the cause
court; and or causes of deactivation:
f) Loss of Filipino citizenship.
 Reactivation of Registration
Procedure:

1. Voter shall file with the Election Officer a sworn application for reactivation of his
registration in the form of an affidavit stating that the grounds for the deactivation no
longer exist any time but not later than one hundred twenty (120) days before a regular
election and ninety (90) days before a special election;
2. The Election Officer shall submit said application to the Election Registration Board for
appropriate action.
3. In case the application is approved, the Election Officer shall retrieve the registration
record from the inactive file and include the same in the corresponding precinct book of
voters.
4. Local heads or representatives of political parties shall be properly notified on approved
applications.
 Cancellation of Registration
Ground: Death of the voter

q Fact of death must be certified by the Local Civil Registrar;

q Monthly submission of a certified list of persons who died during the previous month by LCR
to the Election Officer of the place where the deceased are registered.
q Inshallthebeabsence of information concerning the place where the deceased is registered, the list
sent to the EO of the city or municipality of the deceased's residence as appearing in
his death certificate.
q In any case, the LCR shall furnish a copy of this list to the national central file and the
proper provincial file.
q The EO shall post in the bulletin board of his office a list of those persons who died whose
registrations were cancelled, and furnish copies thereof to the local heads of the political
parties, the national central file, and the provincial file.
Local Absentee Voting
Governing laws: EO 157, RA 7166,
COMELEC Resolution No. 10443
Local absentee voting - refers to a system
of voting whereby government officials and
employees, including members of the Armed
Forces of the Philippines (AFP), and the
Philippine National Police (PNP) as well as
members of the media, media practitioners
including their technical and support staff
(media voters) who are duly registered
voters, are allowed to vote for national
positions; i.e., President, Vice-President,
Senators and PartyList Representatives, in
places where they are not registered voters
but where they are temporarily assigned to
perform election duties on election day, or
in case of media voters, they will not be able
to vote due to the performance of their
functions in covering and reporting on the
elections.
Persons entitled to avail of local absentee voting:
a. government officials and employees;
b. members of the PNP;
c. members of the AFP; and
d. members of the media, media practitioners including their technical
and support staff who are actively engaged in the pursuit of
information gathering and reporting or distribution, in any manner
or form, including, but not limited to the following:
1. Print Journalists;
2. Television Journalists;
3. Photo Journalists;
4. Online Journalists;
5. Radio Journalists;
6. Documentary makers;
7. Television/Radio Production;
 local absentee voting: Conditions
a) they are duly registered voters and whose registration records are not
deactivated, and
b) on election day, in case of government officials, members of the PNP and
AFP, they are assigned temporarily to perform election duties in places
where they are not registered voters; or in case of media voters, they will
not be able to vote due to the performance of their functions in covering
and reporting on the conduct of elections.
Government officials and employees who will be posted abroad to perform
election duties on election day may also avail of local absentee voting,
provided, that:
a) they are registered voters under Republic Act No. 8189 (The Voter's
Registration Act of 1996); and
b) they are not registered overseas absentee voters under Republic Act No.
9189 (The Overseas Absentee Voting Act of 2003).
 local absentee voting: procedure
Application:
Ø Applicants who will avail of the local absentee voting shall file their duly accomplished Application Forms at
the place and on the date prescribed by the COMELEC.

Voting:
Ø Local absentee voters shall vote on any day from the dates provided by the COMELEC (e.g. April 29, 30 and
May 1, 2019) from 8:oo o'clock in the morning until 5:00 o'clock in the afternoon.
Ø The polling place shall likewise be designated by the COMELEC.
Ø Only the positions of President, Vice-President, Senators and Party-List Representative shall be voted for
under the local absentee voting.
Ø The Committee on Local Absentee Voting (CLAV) shall supervise the implementation of the local absentee
voting.
Ø The CLAV may constitute as many Special BEIs for local absentee voting as may be deemed necessary, to
count the local absentee ballots.
Ø A Special Board of Canvassers (SBOC) for local absentee voting shall be constituted.
Overseas Voting
Governing law: RA 9189 (2003) as
amended by RA 10590 (2013)
• Qualified Overseas Voters: All citizens of the Philippines abroad, who are not otherwise
disqualified by law, at least eighteen (18) years of age on the day of elections.
• Who may be voted for: President, Vice-President, Senators and Party-List Representatives.
• They may vote as well as in all national referenda and plebiscites.
• Disqualified:
a) Those who have lost their Filipino citizenship;
b) Those who have expressly renounced their Philippine citizenship and who have pledged
allegiance to a foreign country;
c) Those who have committed and are convicted in a final judgment by a Philippine court
or tribunal of an offense punishable by imprisonment of not less than one (1) year;
and
d) Any citizen of the Philippines abroad previously declared insane or incompetent by
competent authority.
 Overseas Voting: Registration/Certification
Ø Registration and/or certification as an Ø In the event of change of voting venue, an
overseas voter shall be done in person at any application for transfer of registration
post abroad or at designated registration record must be filed by the overseas voter
centers outside the post or in the Philippines with the Office for Overseas Voting
approved by the Commission. (OFOV) at least 180 days prior to the start
Ø The application for registration shall be
• of the overseas voting period:
Provided, That those who would eventually vote in
acted upon by the Resident Election
Registration Board. the Philippines should register within the time
frame provided for local registration in the
Ø For Petition for Exclusion, Motion for municipality, city or district where they intend to
Reconsideration, Petition for Inclusion, vote:
please read Section 9 of RA 9189 as amended • Provided, further, That those who have registered
by Section 8 of RA 10590. in the municipality, city or district where they
resided prior to their departure abroad need not
Ø Qualified Philippine citizens abroad who have register anew:
previously registered as voters pursuant to • Provided, finally, That transferees shall notify the
OFOV of their transfer back to the Philippines at
RA 8189 shall apply for certification as
overseas voters and for inclusion in the least 180 days prior to the next national elections
National Registry of Overseas Voters for purposes of cancelling their names from the
(NROV). Certified List of Overseas Voters (CLOV) and of
removing their overseas voter's registration from
the book of voters.
Overseas Voting: System
of Continuing
Registration

Registration shall commence

not later than 6 months after
the conduct of the last
national elections.
 Overseas Voting: Deactivation of Registration

Causes of deactivation:
a) Sentence by final judgment by a Philippine court
or tribunal to suffer imprisonment for not less
than one (1) year;
b) Insanity or incompetence;
c) Failure to vote in two (2) consecutive national
elections; and
d) Registration is ordered excluded by the courts.
 Overseas Voting: Reactivation of Registration

Any overseas voter whose registration has been

deactivated pursuant to the preceding section may
file with the RERB at any time, but not later than
one hundred twenty (120) days before the start of
the overseas voting period, a sworn application for
reactivation of registration stating that the grounds
for the deactivation no longer exist.
 Overseas Voting: Cancellation of Registration
Ø Grounds for Cancellation:
1) Death
2) Loss of Filipino citizenship

Ø The RERB shall cancel the registration records of

those who have died, as certified by either the posts
or by the local civil registrar, and those who have
been proven to have lost their Filipino citizenship.
Overseas Voting: Application for Correction of Entries and Change of Name

Ø Any registered overseas voter who intends to change

her/his name by reason of marriage, death of husband, or
final court judgment; or to correct a misspelled name or
any erroneous entry in the NROV, CLOV and voter's
identification card may, personally or through an
authorized representative, file an application under oath
for change of name or correction of entries with the RERB
through the OFOV or the post exercising jurisdiction over
the voter's residence not later than ninety (90) days
before the start of the voting period.
Overseas Voting: Casting and Submission of Ballots

ØManner of voting:

1. Personal
2. By mail
3. By any other means as may be determined
by the Commission.
Overseas Voting: PersonalOverseas Voting: Personal
q Upon receipt by the SBEI of the ballots for overseas voters, voting instructions, election
forms and other paraphernalia, they shall make these available on the premises to the
qualified overseas voters in their respective jurisdictions during the thirty (30) days
before the day of elections when overseas voters may cast their vote. Immediately upon
receiving it, the overseas voter must fill-out her/his ballot personally, in secret, without
leaving the premises of the posts concerned.

q The overseas voter shall personally accomplish her/his ballot at the post that has
jurisdiction over the country where she/he temporarily resides or at any polling place
designated and accredited by the Commission.

q The overseas voter shall cast her/his ballot, upon presentation of the voter identification
card issued by the Commission or such other documents deemed by the SBEI at the post as
sufficient to establish the voter's identity.
q All accomplished ballots received shall be placed unopened inside sealed
containers and kept in a secure place designated by the Commission.

q Ballots not claimed by the overseas voters at the posts, in case of

personal voting, and ballots returned to the posts concerned, in the case
of voting by mail, shall be cancelled and shipped to the Commission by the
least costly method within six (6) months from the day of elections.

q Only ballots cast, and mailed ballots received by the posts before the
close of voting on the day of elections shall be counted. All envelopes
containing the ballots received by the posts after the prescribed period
shall not be opened, and shall be cancelled and shipped to the Commission
by the least costly method within six (6) months from the day of
elections.
 Overseas Voting: By Mail
Ø The overseas voter shall send her/his accomplished ballot to the
corresponding post that has jurisdiction over the country where she/he
temporarily resides. She/He shall be entitled to cast her/his ballot at any time
upon her/his receipt thereof: Provided, That the same is received before the
close of voting on the day of elections. The overseas absentee voter shall be
instructed that her/his ballot shall not be counted if not transmitted in the
special envelope furnished her/him.

Ø Only mailed ballots received by the post before the close of voting on the day
of elections shall be counted. All envelopes containing the ballots received by
the posts after the prescribed period shall not be opened, and shall be
cancelled and disposed of appropriately, with a corresponding report thereon
submitted to the Commission not later than 30 days from the day of elections.
Overseas Voting: On-Site Counting and Canvassing
Ø The counting and canvassing of votes shall be conducted on site in the country
where the votes were actually cast. The opening of the specially-marked
envelopes containing the ballots and the counting and canvassing of votes
shall be conducted within the premises of the embassies, consulates and other
foreign service establishments or in such other places as may be designated by
the Commission pursuant to the Implementing Rules and Regulations. The
Commission shall ensure that the start of counting in all polling places abroad
shall be synchronized with the start of counting in the Philippines.

Ø Immediately upon the completion of the counting, the Special Boards of

Election Inspectors shall transmit via facsimile and/or electronic mail the
results to the Commission in Manila and the accredited major political parties.
Overseas Voting: On-Site Counting and Canvassing
Ø The SBOC shall canvass the election returns submitted to it by the SBEIs. Immediately upon the
completion of the canvass, the chairperson of the SBOC shall transmit via facsimile, electronic
mail, or any other means of transmission equally safe and reliable the Certificates of Canvass
and the Statements of Votes to the Commission. The SBOC shall also furnish the accredited major
political parties and accredited citizens' arms with copies thereof via facsimile, electronic mail
and any other means of transmission equally safe, secure and reliable.
SBEI (ER) —> SBOC (COC & SOV) —> Commission
Ø The canvass of votes shall not cause the delay of the proclamation of a winning candidate if the
outcome of the election will not be affected by the results thereof.
Ø Notwithstanding the foregoing, the Commission is empowered to order the proclamation of
winning candidates despite the fact that the scheduled election has not taken place in a particular
country or countries, if the holding of elections therein has been rendered impossible by events,
factors and circumstances peculiar to such country or countries, and which events, factors and
circumstances are beyond the control or influence of the Commission.
Overseas Voting: Prohibited Acts

Ø For the enumeration of

prohibited acts, read Section
24 of RA 9189 as amended by
Section 37 of RA 10590.

Ø The prohibited acts described

in this section are electoral
offenses and shall be
punishable in the Philippines.
 Detainee Voting
Applicable Rules:
1. COMELEC Resolution No. 9371 (March 6, 2012) – Rules and Regulations on
Detainee Registration and Voting in Connection with the May 13, 2013 NLE
and Subsequent Elections Thereafter
2. COMELEC Resolution No. 10483 (January 18, 2019)
 Detainee Voting: COMELEC Resolution No. 9371
RULE 1, SECTION 1. Who are Entitled to Avail of Detainee Voting - Detainee voting
(either through the special polling place inside jails or escorted voting) may be
availed of by any registered detainee whose registration record is not transferred /
deactivated / cancelled / deleted.

SECTION 2 (a). Detainee refers to any person:

(1) confined in jail, formally charged for any crime/s and awaiting/undergoing trial;
or
(2) serving a sentence of imprisonment for less than one (1) year; or
(3) whose conviction of a crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation of the firearms laws or any
crime against national security or for any other crime is on appeal.
 Detainee Voting: Committee on Detainee Voting
Ø The Committee shall oversee and ensure the
implementation of all Comelec resolutions
pertaining to detainee registration and voting.

Ø COMELEC Resolution No. 10483 renamed the

Committee on Detainee Voting (CoDV) into
Person Deprived of Liberty Voting Committee
(PDLVC).
 Detainee Voting: Satellite registration
RULE 2, SECTION 1. There shall be a satellite registration of
detainees in detention centers/jails.

SECTION 3. Reckoning Period of Age and Residence. Detainees who

shall be eighteen years of age on the day of election and/or are
committed inside the detention centers for at least six (6) months
immediately preceding the election day may be registered as a
voter.
Detainees who are already registered voters may apply for transfer
of registration records as warranted by the circumstances.
 Detainee Voting: Special Polling Place
RULE 3, SECTION 1. Special Polling Places Inside Jails. Special polling
places shall be established in detention center/jail facility with (at least
50) registered detainee voters.

SECTION 2. Location of the Special Polling Place. The special polling place
should be established in an area inside the jail spacious enough to
accommodate more than ten (10) voters at a given time.

SECTION 4. Who May Be Allowed to Vote in the Special Polling Places in

Jails. - Only detainee voters whose names appear in the EDCVL-DV and/or
PCVL-DV may vote in the special polling places in jails.
 Detainee Voting: Persons Allowed inside Special Polling Places
SECTION 5. Persons Allowed Inside Special Polling Places - Only the following shall be allowed to enter the
special polling places inside jails:
a. Members and support staff of the SBEI;
b. Watchers who shall stay only in the space reserved for them;
c. Monitoring groups (maximum of 2 per special polling place) who shall stay in the space for
watchers;
d. Representatives of the Commission on Human Rights;
e. Representatives of this Commission;
f. Detainee voters accomplishing their ballots;
g. Detainee Voters waiting for their turn to accomplish their ballots;
h. At least three BJMP personnel (the number shall be increased as the need arises) who shall stay
also in the space for watchers; and
i. Other persons who maybe specifically authorized by the Commission.
 Detainee Voting:Persons Not Allowed Inside Special
Polling Places
SECTION 6. Persons Not Allowed Inside Special Polling Places - The
following shall not be allowed to enter the special polling places in jails:
a. Any officer or member of the AFP or the PNP;
b. Any peace officer or any armed person belonging to any extra-legal
police agency, special forces, reaction forces, strike forces, Civilian
Armed Force Geographical Units, barangay tanods or other similar
forces or paramilitary forces, including special forces, security
guards, special policemen except the BJMP personnel mentioned in
the immediately preceding section;
c. All other kinds of armed or unarmed extra-legal police forces; and
d. Any candidate or barangay official, whether elected or appointed.
 Detainee Voting : Special Board of Election Inspectors

RULE 4, SECTION 1. Special Board of Election Inspectors (SBEI)

and Support Staff Per Voting Center - The Commission,
through its EO in districts/cities/municipalities where a special
polling place is established, shall constitute the SBEI in
accordance with the period provided in the calendar of activities
for the elections.In addition, the election officer shall designate
SBEI support staff for every voting center with detainee
voters.The SBEI and its support staff shall have the same
qualifications and shall be appointed in the same manner as the
regular BEI.
 Detainee Voting: Date and Time
RULE 6, SECTION 1. Date and Time of Detainee Voting - Voting for all qualified
detainee voters shall take place on the same date as the national and local elections
is conducted.
For jails provided with special polling places, the casting of the ballots must be
finished at 3:00 P.M. to have sufficient time to bring the accomplished ballots to
detainees respective precincts before the close of voting hours on election day. In
case all the expected detainee voters have voted before 3:00 P.M., the Special Board
of Election Inspector (SBEI) shall close the voting in the special polling places and
dispose all election paraphernalia.

SECTION 4. Manner of Voting.

SECTION 5. Challenge Against Illegal Voters.
SECTION 6. Challenge Based on Certain Illegal Acts.
 Detainee Voting: Rules during voting
SECTION 7. Rules to be Observed During the Voting - During the voting, the SBEI shall see to it that:
a. Detainee voters shall vote in the order of the arrival of the detainee ballots per voting center;
b. No watcher shall enter the place reserved for the detainee voters and the SBEI, nor mingle and
talk with the detainee voters;
c. No person carrying any firearm or any other deadly weapon, except those expressly authorized by
this Resolution or by the Commission, shall enter the special polling place; and
d. There shall be no crowding of detainee voters and disorderly behavior inside the special polling
place.

SECTION 8. Prohibition on Voting.

SECTION 9. Preparation of Ballots for Detainee Voters who are Illiterate or with Disabilities.
 Detainee Voting: Escorted Detainee Voters
RULE 7, SECTION 1. Escorted Detainee Voters - The following shall avail of the escorted voting:
a. Detainee voters who are residents/ registered voters of municipalities/cities other than
the town/city of detention; and
b. Detainee voters in detention centers/ jails where no special polling places are established.

Conditions:

1. that said detainee voters obtained court orders allowing them to vote in the poling place
where they are registered.
2. that it is logistically feasible on the part of the jail/prison administration to escort the
detainee voter to the polling place where he is registered.
3. that reasonable measures shall be undertaken by the jail/prison administration to secure the
safety of detainee voters, prevent their escape and ensure public safety.
 Detainee Voting: Escorted Detainee Voters
SECTION 2. Express Lane for Escorted Detainee Voters - Detainee
voters voting in their respective polling places shall be given
priority to vote. When they reach their polling places, the escort
together with the voter shall inform the Support Staff/ the BEI
that the detainee is voting as such and the BEI shall place the
detainee voters in the priority/express lane.

SECTION 3. Jail/Prison Escorts May Bear Arms - To secure the

detainee voter, the jail/prison escorts may bring firearms inside
the polling place. Said escorts and detainees shall immediately
leave the polling place once the latter have finished voting.
Political Parties
Governing Laws:
Section 5, Article VI, Constitution
RA 7941, Party-list System Act
Ø Political party or party
means an organized group
of persons pursuing the
same ideology, political
ideas or platforms of
government and includes
its branches and divisions.

Ø A political party may refer

to a local, regional or
national party existing and
duly registered and
accredited by the
Commission on Elections.
 POLITICAL PARTIES: Registration
Ø To acquire juridical personality, qualify it for subsequent accreditation, and entitle
it to rights and privileges granted to political parties, a political party shall first be
duly registered with the COMELEC.
Ø Any organized group of persons seeking registration as a national or regional
political party may file with the Commission a verified petition attaching thereto its
constitution and by-laws, platforms or program of government and such other
relevant information as may required by the Commission.
Ø Any registered political party that, singly or in coalition with others, fails to obtain
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.
Ø No religious sect shall be registered as a political party and no political party which
seeks to achieve its goals through violence shall be entitled to accreditation.
 POLITICAL PARTIES: Party Nomination Disputes
Ø The decision as to which member a party shall nominate as its candidate is a party concern
which is not cognizable by the courts.
Ø A political party has the right to identify the people who constitute the association and to
select a standard bearer who best represents the party’s ideologies and preference.
Political parties are generally free to conduct their internal affairs free from judicial
supervision.
Ø Thus, the rule is that the determination of disputes as to party nominations rests with the
party, in the absence of statutes giving the court jurisdiction.
Ø The court will not assume jurisdiction to determine factional controversies within a
political party, but will leave the matter for determination by the proper tribunals of the
party itself or by the electors at the polls.
Ø An Election may not even be invalidated by the fact that the nomination of the successful
candidate was brought about by fraud, and not in the manner prescribed by the statute,
provided it appears that noncompliance with the law did not prevent a fair and free vote.
POLITICAL PARTIES: Jurisdiction of the COMELEC
Ø The COMELEC may intervene in disputes internal to a party only when
necessary to the discharge of its Constitutional power and functions.
Ø Thus, the COMELEC may resolve an intraparty leadership dispute, in a
proper case brought before it, as an incident of its power to register
political parties.
Ø Legal basis: the powers and functions of the COMELEC under Sec. 2,
Article IX-C of the Constitution “include the ascertainment of the
identity of the political party and its legitimate officers responsible
for its acts.”
Ø The expulsion of a member, however, is an issue of a party
membership and discipline in which it cannot intervene given the
limited scope of the COMELEC’s power over political parties.
 POLITICAL PARTIES: Constitutional Provision
Section 5, Article VI:
(1) The House of Representatives shall be composed of not more than two hundred and fifty
members, unless otherwise fixed by law, who shall be elected from legislative districts
apportioned among the provinces, cities, and the Metropolitan Manila area in accordance
with the number of their respective inhabitants, and on the basis of a uniform and
progressive ratio, and those who, as provided by law, shall be elected through a party-list
system of registered national, regional, and sectoral parties or organizations.

(2) The party-list representatives shall constitute twenty per centum of the total number
of representatives including those under the party list. For three consecutive terms after
the ratification of this Constitution, one-half of the seats allocated to party-list
representatives shall be filled, as provided by law, by selection or election from the labor,
peasant, urban poor, indigenous cultural communities, women, youth, and such other
sectors as may be provided by law, except the religious sector.
 POLITICAL PARTIES: PARTY-LIST SYSTEM
Ø The party-list system is intended to democratize political
power by giving political parties that cannot win in
legislative district elections a chance to win seats in the
HoR.
Ø The voter elects 2 representatives in the HoR: one for his
or her legislative district, and another for his or her
party-list group or organization of choice.
Ø The party-list system will be entry point to membership in
the HoR for both these non-traditional parties that could
not compete in legislative district elections.
 RA 7941 ”PARTY-LIST SYSTEM ACT”
Ø The party-list system is a mechanism of
proportional representation in the election of
representatives to the HoR 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.
 PARTY-LIST: REGISTRATION
Ø Registration. Any organized group of persons may register as a party, organization or
coalition for purposes of the party-list system by filing with the COMELEC not later than
90 days before the election a verified petition stating 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, attaching thereto its constitution, by-laws, platform or program
of government, list of officers, coalition agreement and other relevant information as the
COMELEC may require: Provided, That the sectors shall include labor, peasant, fisherfolk,
urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans,
overseas workers, and professionals.

Ø Any party, organization, or coalition already registered with the Commission need not
register anew. However, such party, organization or coalition shall file with the
Commission, not later than 90 days before the election, a manifestation of its desire to
participate in the party-list system.
 PARTY-LIST: Refusal and/or Cancellation of Registration
The COMELEC may, motu proprio or upon verified complaint of any interested party, refuse or cancel, after due notice and
hearing, the registration of any national, regional or sectoral party, organization or coalition on any of the following grounds:
(1) It is a religious sect or denomination, organization or association, organized for religious purposes;
(2) It advocates violence or unlawful means to seek its goal;
(3) It is a foreign party or organization;
(4) Itdirectly
is receiving support from any foreign government, foreign political party, foundation, organization, whether
or through any of its officers or members or indirectly through third parties for partisan election purposes;
(5) It violates or fails to comply with laws, rules or regulations relating to elections;
(6) It declares untruthful statements in its petition;
(7) It has ceased to exist for at least one (1) year; or
(8) Itvotesfailscastto participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the
under the party-list system in the two (2) preceding elections for the constituency in which it has
registered.

Note: The list does not include non-representation of marginalized and underrepresented.
 PARTY-LIST: Nominations
Ø Each registered party, organization or coalition shall submit to the COMELEC not
later than 45 days before the election a list of names, not less than 5, from which
party-list representatives shall be chosen in case it obtains the required number of
votes.
Ø A person may be nominated in one (1) list only.
Ø Only persons who have given their consent in writing may be named in the list.
Ø The list shall 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.
Ø No change of names or alteration of the order of nominees shall be allowed after
the same shall have been submitted to the COMELEC except in cases where the
nominee dies, or withdraws in writing his nomination, becomes incapacitated in which
case the name of the substitute nominee shall be placed last in the list.
Ø Incumbent sectoral representatives in the House of Representatives who are
nominated in the party-list system shall not be considered resigned.
 PARTY-LIST: Qualifications of Party-List Nominees
No person shall be nominated as party-list representative unless he is:
a) a natural-born citizen of the Philippines;
b) a registered voter;
c) a resident of the Philippines for a period of not less than one (1) year immediately
preceding the day of the election;
d) able to read and write;
e) a bona fide member of the party or organization which he seeks to represent for at
least ninety (90) days preceding the day of the election; and
f) at least twenty-five (25) years of age on the day of the election. In case of a
nominee of the youth sector, he must at least be twenty-five (25) but not more
than thirty (30) years of age on the day of the election. Any youth sectoral
representative who attains the age of thirty (30) during his term shall be allowed to
continue in office until the expiration of his term.
PARTY-LIST: Number of Party-List Representatives
• The party-list representatives shall constitute twenty per centum (20%) of
the total number of the members of the House of Representatives including
those under the party-list.
• 2% threshold and 3-seat cap. In determining the allocation of seats for the
second vote, the following procedure shall be observed:
(a) The parties, organizations, and coalitions shall be ranked from the highest to
the lowest based on the number of votes they garnered during the elections.
(b) The parties, organizations, and coalitions receiving at least two percent (2%)
of the total votes cast for the party-list system shall be entitled to one seat
each: Provided, That those garnering more than two percent (2%) of the votes
shall be entitled to additional seats in proportion to their total number of
votes : Provided, finally, That each party, organization, or coalition shall be
entitled to not more than three (3) seats.
 Formulas
# of seats available
to legislative districts x .20 = # of seats available to party-list reps
.80

Example:

241 legislative districts x .20= 60.25 or 61 seats for party-list reps

.80

# of votes of a party-list
Total # of valid votes for = proportion or % of votes garnered by
party-list candidates party-list

Following said formula, 101 ACT-CIS which received 2,612,048 votes, garnered 9.45%. This entitles the party-list to 3 seats in the HoR.
 Ø If the number of party-list reps does not reach 20% of the total number of reps in the HoR, parties that
haven’t won seats but garnered enough votes to place them among the top parties are given a seat each
until the required number of seats are filled.

Formula:

Total # of party-list - # of seats allocated x Proportion or % = additional

seats available in the first round of votes garnered seats
by party-list

Ø Hence, following said formula, party-lists that failed to obtain the 2% required threshold were able to
obtain seats in the HoR. e.g. 130 Senior Citizens which obtained 510,356 votes or 1.85%, OFW Family which
obtained 192,470 votes or 0.70%.
Ø Party-list representatives shall be proclaimed by the COMELEC based on the list of names
submitted by the respective parties, organizations, or coalitions to the COMELEC according to
their ranking in said list.
Ø Party-list representatives shall be elected for a term of three (3) years which shall begin, unless
otherwise provided by law, at noon on the thirtieth day of June next following their election. No
party-list representatives shall serve for more than three (3) consecutive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an interruption in the
continuity his service for the full term for which he was elected.
Ø Any elected party-list representative who changes his political party or sectoral affiliation during
his term of office shall forfeit his seat: Provided, That if he changes his political party or sectoral
affiliation within six (6) months before an election, he shall not be eligible for nomination as
party-list representative under his new party or organization.
Ø In case of vacancy in the seats reserved for party-list representatives, the vacancy shall be
automatically filled by the next representative from the list of nominees in the order submitted
to the COMELEC by the same party, organization, or coalition, who shall serve for the unexpired
term. If the list is exhausted, the party, organization coalition concerned shall submit additional
nominees.
ANG BAGONG BAYANI-OFW LABOR PARTY, ET.AL. V. COMELEC (2001)

1. Under the Constitution and RA 7941, private respondents cannot be disqualified from the
party-list elections, merely on the ground that they are political parties. Sec. 5, Art. VI
of the Constitution provides that members of the HoR may ‘be elected through a party-
list system of registered national, regional and sectoral parties or organizations.
Furthermore, under Sections 7 and 8, Article IX(C) of the Constitution, political parties
may be registered under the party-list system.

2. That political parties may participate in the party-list elections does not mean that any
political party or organization may do so. The requisite character of these parties must
be consistent with the purpose of the party-list system as laid down in the Constitution.
Verily, allowing the non-marginalized and overrepresented to vie for the remaining seats
under the party-list system would not only dilute, but also prejudice the chance of the
marginalized and underrepresented, contrary to the intention of the law to enhance it.
 Paglaum, Inc. v. COMELEC
April 2, 2013
Ø This superseded Ang Bagong Bayani-PFW Labor Party v. COMELEC (2003)
Ø The SC ruled in this case that R.A. No. 7941 does not require national and regional parties or
organizations to represent the "marginalized and underrepresented" sectors.
Ø The SC has set the following parameters:
1. Three different groups may participate in the party-list system: (1) national parties or
organizations, (2) regional parties or organizations, and (3) sectoral parties or organizations.
2. National parties or organizations and regional parties or organizations do not need to organize
along sectoral lines and do not need to represent any "marginalized and underrepresented" sector.
3. Political parties can participate in party-list elections provided they register under the party-list
system and do not field candidates in legislative district elections. A political party, whether major
or not, that fields candidates in legislative district elections can participate in party-list elections
only through its sectoral wing that can separately register under the party-list system. The
sectoral wing is by itself an independent sectoral party, and is linked to a political party through a
coalition.
4. Sectoral parties or organizations may either be "marginalized and underrepresented" or lacking in "well-
defined political constituencies." It is enough that their principal advocacy pertains to the special interest
and concerns of their sector. The sectors that are "marginalized and underrepresented" include labor,
peasant, fisherfolk, urban poor, indigenous cultural communities, handicapped, veterans, and overseas
workers. The sectors that lack "well-defined political constituencies" include professionals, the elderly,
women, and the youth.

5. A majority of the members of sectoral parties or organizations that represent the "marginalized and
underrepresented" must belong to the "marginalized and underrepresented" sector they represent. Similarly,
a majority of the members of sectoral parties or organizations that lack "well-defined political
constituencies" must belong to the sector they represent. The nominees of sectoral parties or organizations
that represent the "marginalized and underrepresented," or that represent those who lack "well-defined
political constituencies," either must belong to their respective sectors, or must have a track record of
advocacy for their respective sectors. The nominees of national and regional parties or organizations must
be bona-fide members of such parties or organizations.

6. National, regional, and sectoral parties or organizations shall not be disqualified if some of their nominees
are disqualified, provided that they have at least one nominee who remains qualified.
candidacy
 Qualifications
and
Disqualifications
 Qualifications
President Vice-President
a. Natural-born citizen of the -same qualifications as the President.
(Sec.3)
Philippines
b. Registered voter
c. Able to read and write Senator
d. At least 40 yo on the day of the a. Natural-born citizen of the Phils
election b. At least 35yo on the day of the
e. Resident of the Phils for at least election
10 years immediately preceding c. Able to read and write
such election. d. Registered voter
e. Resident of the Phils for not less
(Sec. 2, Art.VII, 1987 Constitution) than 2 years immediately preceding
the day of the election. (Sec. 3, Art.
VI)
 Qualifications
Member of the HoR Elective local officials

a. Natural-born citizen a. Citizen of the Phils

b. At least 25yo on the day of the b. Registered voter in the LGU/district where
he intends to be elected for at least 1 year
election immediately preceding the day of the
c. Able to read and write c.
election
Able to read and write Filipino or any other
d. Registered voter in the district in language or dialect
which he shall be elected (except d. Age: for governor, VG, SP, mayor, VM or
the party-list reps) SP of highly urbanized cities – 23yo on
election day; for mayor or VM of
e. Resident of said district for a independent component cities, component
period not less than 1 year cities, or municipalities – 21yo; member of
immediately preceding the day of SP or SB – 18yo; punong brgy or member
of SB – 18yo; and SK – 15yo but not more
the election. (Sec. 6, Art. VI) than 21yo. (Sec. 39, LGC)
 Qualifications
1. Citizenship Qualifications prescribed by
law are continuing
2. Registered voter
requirements and must be
3. Literacy possessed for the duration
4. Age of the officer’s active
tenure. Once any of the
5. Residence prescribed qualifications is
lost, his title to the office
may be seasonably
challenged.
 Citizenship
ü Philippine citizenship is required to ensure that no alien shall govern our people.

Case: Frivaldo v. COMELEC (1996)

The LGC does not specify any particular date when the candidate must possess Filipino citizenship.

The LGC speaks of qualifications of elective officials, not of candidates. He was therefore, qualified to be
proclaimed and to assume office.

CONTENTION: The citizenship qualification should be possessed at the time the candidate (or for that matter
the elected official) registered as a voter. After all, Section 39, apart from requiring the official to be a
citizen, also specifies as another item of qualification, that he be a "registered voter". And, under the law a
"voter" must be a citizen of the Philippines. So therefore, Frivaldo could not have been a voter -- much less a
validly registered one -- if he was not a citizen at the time of such registration.
 Residence
Case: Jalosjos v. COMELEC (2013)

The term ‘residence’ as so used, is synonymous with ‘domicile’ which imports not only intention
to reside in a fixed place, but also personal presence in that place, coupled with conduct
indicative of such intention.

There are three requisites for a person to acquire a new domicile by choice. First, residence or
bodily presence in the new locality. Second, an intention to remain there. Third, an intention to
abandon the old domicile.

The ownership of a house or some other property does not establish domicile. Otherwise, the
Court would be, in effect, imposing a property requirement to the right to hold public office,
which property requirement would be unconstitutional.
 Residence
Case: Jalosjos v. COMELEC (2012)

There is no hard and fast rule to determine a candidate’s compliance with

residency requirement since the question of residence is a question of
intention. Still, jurisprudence has laid down the following guidelines: (a)
every person has a domicile or residence somewhere; (b) where once
established, that domicile remains until he acquires a new one; and (c) a
person can have but one domicile at a time.

To insist that the candidate own the house where he lives would make
property a qualification for public office.
 Disqualifications (Sec. 12, Sec. 69 OEC)
a) Declared as incompetent or insane by competent
authority
b) Sentenced by final judgment for subversion, insurrection,
rebellion, or any offense for which he has been sentenced
to a penalty of more than 18 months of imprisonment
c) Sentenced by final judgment for a crime involving moral
turpitude
d) Any person who is a permanent resident of or an
immigrant to a foreign country unless he has waived his
status as such.
 Conviction

a) Sentenced by final judgment Cases:

for subversion, insurrection,
rebellion, or any offense for
which he has been sentenced to a. Vidal v. COMELEC – effect
a penalty of more than 18 of absolute pardon
months of imprisonment

a) Sentenced by final judgment a. Villaber v. COMELEC –

for a crime involving moral violation of BP 22
turpitude
 Permanent residence abroad
(d) Any person who is a Case:
permanent resident of or an
immigrant to a foreign
a. Caasi v. COMELEC –
country unless he has waived
green card holder
his status as such.
 Disqualifications (local elective officials)
The following persons are disqualified from running
for any elective local position: (d) Those with dual citizenship;

(a) Those sentenced by final judgment for an (e) Fugitives from justice in criminal or non-
offense involving moral turpitude or for an offense political cases here or abroad;
punishable by one (1) year or more of
imprisonment, within two (2) years after serving
sentence;
(f) Permanent residents in a foreign country or
those who have acquired the right to reside
(b) Those removed from office as a result of an abroad and continue to avail of the same right
administrative case; after the effectivity of this Code; and

(c) Those convicted by final judgment for violating (g) The insane or feeble-minded.
the oath of allegiance to the Republic;

(Sec. 40, LGC)

 Conviction
(a) Those sentenced by final Case:
judgment for an offense
involving moral turpitude or
a. Moreno v. COMELEC –
for an offense punishable by
effect of probation
one (1) year or more of
imprisonment, within two
(2) years after serving
sentence
 Dual citizenship
(d) Those with dual Cases:
citizenship
a. Lopez v. COMELEC –
renouncement in clear and
“Dual citizenship” unequivocal terms
disqualification versus “dual
allegiance” – One is
disqualified only if he a. Sobejana-Condon v.
COMELEC – formal rejection
consciously or deliberately of foreign citizenship
obtains “dual citizenship,”
thus, owing allegiance to two
states. b. Maquiling v. COMELEC – use
of foreign passport
 Fugitives
(e) Fugitives from justice in Cases:
criminal or non-political
cases here or abroad;
a. Marquez v. COMELEC
b. Rodriguez v. COMELEC
 Permanent Residence Abroad
(f) Permanent residents in Case: Caasi v. COMELEC –
a foreign country or those green card holder
who have acquired the right
to reside abroad and
continue to avail of the
same right after the
effectivity of the LGC;
Petition to Deny Due
Course to or Cancel a
CoC
 False Material Representation
A verified petition may be ü Residency
filed exclusively with the
COMELEC division on the ü Age
ground that any material ü Citizenship
representation contained in ü Other legal qualifications
the CoC is false.
nec. to run for local
elective office in the LGC
False representation in the
CoC must refer to material + a showing that there was an
matters i.e. qualifications for intent to deceive the
elective office. electorate.
 Cases
(a) Villafuerte v. COMELEC – e) Jalover v. Osmeña –
nickname
“hardly seen in his
(b) Hayudini v. COMELEC – residence residence”
and voter’s registration

(c) Villaber v. COMELEC – conviction f) Aratea v. COMELEC –

effect of a cancelled
(d) Fermin v. COMELEC – the CoC
petition has to comply with the
25-day statutory period for its
filing.
g) Jalosjos v. COMELEC
 Additional Grounds for Disqualification (Sec. 68, OEC)

Sec. 68. Any candidate who, in an action or protest in which he is a party is declared by final decision of a
competent court guilty of, or found by the Commission of having:

(a) given money or other material consideration to influence, induce or corrupt the voters or public
officials performing electoral functions;
(b) committed acts of terrorism to enhance his candidacy;
(c) spent in his election campaign an amount in excess of that allowed by the OEC;
(d) solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; or
(e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6,
shall be disqualified from continuing as a candidate, or if he has been elected, from holding the
office.

Case: Pangkat Laguna v. COMELEC

 Election Offenses

Also disqualified are those who violated the provisions of Sec.

261 of the OEC (election offenses).
Filing of CoC
 Who is a candidate?

OMNIBUS ELECTION CODE Sec. 11, of RA 8436, as amended by

RA 9369
The term candidate refers to any
person aspiring for or seeking an Any person who files his certificate
elective public office, who has filed a of candidacy within the period for
certificate of candidacy by himself filing shall only be considered as a
or through an accredited political candidate at the start of the
party, aggroupment, or coalition of campaign period for which he filed
parties. his CoC.
 Cases
(a) Lanot v. COMELEC - Eusebio (b) Penera v. COMELEC -
became a "candidate" only on 23 election offenses can be
March 2004 for purposes other
than the printing of ballots.
committed by a candidate
"only" upon the start of the
Acts committed by Eusebio prior
to his being a "candidate" on 23
campaign period. This
March 2004, even if constituting clearly means that before
election campaigning or partisan the start of the campaign
political activities, are not period, such election
punishable under Sec. 80 of the offenses cannot be so
OEC. committed.
 Certificate of Candidacy
It is a statement of a person No person shall be eligible for
seeking to run for a public
office certifying that he any elective public office unless
announces his candidacy for the he files a sworn CoC within the
office mentioned and that he is period fixed by the OEC.
eligible for the office, the name
of the political party to which
he belongs, if he belongs to any,
and his post-office address for
all election purposes being as
well stated.
 When to file CoC
RA 7166: Not later than the OEC, Sec. 3. Election and campaign periods. - Unless otherwise

day before the date legally fixed in special cases by the Commission on Elections, the
election period shall commence 90 days before the day of the
fixed for the beginning of his election and shall end 30 days thereafter.

(candidate) campaign period. The period of campaign shall be as follows:

1. Presidential and Vice-Presidential Election - 90 days;
2. Election of Members of the Batasang Pambansa and
Local Election - 45 days;
A certificate of candidacy 3. Barangay Election - 15 days.
filed beyond the deadline is The campaign periods shall not include the day before and the day
not valid. The person filing of the election.

the CoC shall not be However, in case of special elections under Article VIII, Section 5,
Subsection (2) of the Constitution, the campaign period shall be
considered a candidate. forty-five days.
 Sec. 15, RA 8346, as amended by RA 9369

The COMELEC shall set the deadline for the filing of

CoC to insure that the official ballot shall contain
the titles of the positions to be filled, the names of
all candidates for the same position, arranged
alphabetically by surname and uniformly indicated
using the same type size.
 Where to file CoC
§ President, VP and Senators § Provincial offices –
– main office of COMELEC in provincial election
Manila
supervisor
§ Members of HoR – provincial
election supervisor of the § City and municipal offices
province concerned; regional
election director if in NCR; – city or municipal election
city election registrar if in registrar
cities outside NCR with more
than legislative districts
 How to file CoC
The certificate of candidacy • No person shall be
shall be filed by the eligible for more than
candidate personally or by one office to be filled in
his duly authorized the same election.*
representative. No
certificate of candidacy
• Ministerial duty of the
shall be filed or accepted by
COMELEC to receive and
mail, telegram or facsimile.
acknowledge receipt of
the CoC.
 Effects of Filing
ü Automatic resignation Case: Quinto v. COMELEC –
of appointive officials the SC upheld the
constitutionality of the
ü Resignation not provision that appointive
restored by withdrawal officials who file CoC shall
of CoC be considered ipso facto
resigned from their
appointive public office on
the day of filing of such
CoC.
 Substitution and Withdrawal of Candidates
If after the last day for the filing ü Sec. 12, RA 8436: In case
of the CoC, an official candidate
of a registered or accredited of valid substitution
political party dies, withdraws or after the official ballots
is disqualified for any cause, only have been printed, the
a person belonging to, and
certified by, the same political
votes cast for the
party may file a CoC (to replace substituted candidate
the candidate who died, withdrew, shall be considered
or was disqualified) not later votes for the
than mid-day of the day of the
election. substitute.*
 2018 COMELEC Resolutions
Comelec Resolution No. 10420 - the
substitute for a candidate who died, Comelec Resolution No.
withdrew his candidacy, or was
disqualified by final judgment, may file
10430 - substitute bets will
a CoC up to mid-day of election day. not be allowed to take the
place of candidates who will
The substitute, however, should share
the surname of the original candidate. withdraw their CoC after
November 29.
No substitution is allowed for
independent candidates.
 Substitution
ü The existence of a valid Case: Cerafica v. COMELEC
CoC is a condition sine – A case for cancellation
qua non for a must first be heard and
disqualified candidate to decided by the COMELEC.
be validly substituted. Since the parties in this
case were denied due
process, the substitution
should be upheld.
 Withdrawal
The withdrawal of the The withdrawal of the
certificate of candidacy withdrawal, for the purpose
shall effect the of reviving the CoC, must
disqualification of the be made within the period
candidate to be elected for provided by law for the
the position. filing of the CoC.
 Nuisance Candidates
Nuisance candidates are persons who file The COMELEC may, motu proprio, or upon verified
their certificates of candidacy: petition of an interested party, refuse to give due
course to or cancel a CoC.

(a) to put the election process in Cases:

mockery or disrepute or
(a) Timbol v. COMELEC - The candidate must
(b) to cause confusion among the be afforded due process.
voters by the similarity of the
names of registered candidates or
(b) Dela Cruz v. COMELEC – counting of votes
(c) by other circumstances or acts cast for a nuisance candidate
which clearly demonstrate that the
candidate has no bona fide intention
to run for the office for which the (a) Marquez v. COMELEC (Sept. 3, 2019)- The
COMELEC cannot conflate the bona fide
CoC has been filed and thus prevent intention to run with a financial capacity
a faithful determination of the true requirement.
will of the electorate.
Campaign
 Election Campaign

The term election campaign or partisan political

activity refers to an act designed to promote the
election or defeat of a particular candidate or
candidates to a public office.
 Prohibited Acts
1. Premature campaigning (Sec. 80, OEC)
2. Foreign aid (Sec. 81)
3. Removal, destruction, obliteration, defacing,
tampering with, or prevention of distribution of
lawful election propaganda (Sec. 82)
4. Giving or accepting free transportation, food, drinks
or things of value during the 5 hours before and
after a public meeting, on the day preceding the
election and on the day of the election (Sec. 83)
 Lawful election propaganda
• Pamphlets, leaflets, cards, decals, stickers, other written or printed
materials
• 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
• Paid advertisements in print or broadcast media
• All other forms not prohibited by the OEC or the Fair Election Act.

They must comply with the requirements of the law.

 Requirements for published or printed election propaganda

• “political advertisement paid for”

• “airtime for this broadcast was provided free of
charge by”
• written acceptance of the donee candidate
 Election Surveys

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, including voters’ preference for candidates
or publicly discussed issues during the campaign
period.
 Exit Polls

Exit polls refer to a species of election survey

conducted by qualified individual or a group of
individuals for the purpose of determining the
probable result of an election by confidentially
asking randomly selected voters for the names of
candidates they have voted for immediately after
they have cast their ballots.
 Equal access to media time and space
All registered parties and bona fide candidates shall have equal access to media
time and space.

Guidelines:
1. Size of print advertisements
2. Minutes of TV and radio advertisement for national and local candidates
3. Provision of contracts for advertising to the COMELEC
4. No issuance, cancellation or suspension of franchise or permit to operate
5. No to bias reporting
6. Resignation or leave of absence
7. No movie, cinematograph, documentary
 COMELEC space, poster area, time and information bulletin

The COMELEC shall:

1. procure space in at least 1 newspaper of general
circulation and air time n at least 1 major
broadcasting station or entity in every province or
city
2. Designate common poster areas
3. Cause the printing and supervise the dissemination
of bulletins
For allocation, free of charge, to the candidates.
 Prohibited Contributions
1. Public or private financial institutions
2. Persons operating public utility
3. Persons who hold contracts to supply the government with goods and
services
4. Persons granted franchises, incentives, exemptions, allocations or
similar privileges or concessions by the government
5. Persons granted loans in excess of P25,000 by the government
6. Educational institutions which have received grants of public funds
amounting to no less than P100,000
7. Officials or employees in the Civil Service, or members of the AFP
8. Foreigners and foreign corporations.
Prohibited soliciting of contributions and raising of funds
> Solicit or receive any contribution from any of the
persons enumerated
> Solicit or receive foreign aid
> Holding of dances, lotteries, cockfights, games, etc.
for the purpose of raising funds for an election
campaign
> Solicit and/or accept from any candidate, or his
campaign manager, agent, or rep any gift, food,
transportation, contribution, donation in cash
 Prohibited donations
> WHO: By candidate, his or her spouse, relative within the second civil
degree of consanguinity or affinity, his campaign manager, agent or
representative

> WHEN: during campaign period, on the day before and on the date of
the election

> WHAT: Donation, contribution or gift in cash or in kind, or undertake

to contribute to the construction or repair of roads, bridges, school
houses, 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
 Limitations upon expenses

1. For candidates – P10 for Pres and VP; and for

other candidates, P3 for every voter currently
registered in the constituency where he filed his
CoC. If independent, P5.
2. For political parties – P5 for every voter
registered in the constituency or constituencies
where it has official candidates.
 Statement of Contributions and Expenses
WHO: Every candidate and treasurer of the political party

WHEN: Within 30 days after the day of election

WHAT: File in duplicate the full, true and itemized statement of

all contributions and expenditures in connection with the
election.

WHERE: COMELEC
BOARD OF ELECTION
INSPECTORS
 Composition
Chairman, member and a poll clerk who must be:
ü public school teachers
ü of good moral character
ü Irreproachable reputation
ü Registered voter of the city or municipality
ü Never been convicted of any election offense or any other crime
punishable by more than 6mos imprisonment
ü Able to speak and write English or the local dialect.
ü At least one member shall be an information technology-capable
person, who is trained or certified by the DOST to use the AES
 Disqualifications

> Related within the 4th civil degree by

consanguinity or affinity to any member of the
BEI or any candidate to be voted for in the
polling place
> Engaged in any partisan political activity
 Powers
The BEI shall:
1. Conduct the voting and counting of votes in the polling
place
2. Act as deputies of the COMELEC in the supervision and
control of the polling place
3. Maintain order within the polling place and its premises to
keep access thereto open and unobstructed
4. Enforce obedience to its lawful orders
5. Perform such other functions as may be prescribed by law
or by rules of the COMELEC
Casting and Counting
of Votes
 Procedure in voting

The COMELEC shall prescribe the manner and

procedure of voting, which can be easily understood
and followed by the voters, taking into consideration,
among other things, the secrecy of the voting.
 Counting Procedure
The COMELEC shall prescribe the manner and procedure of
counting the votes under the automated system.

The BEI shall prepare the election return simultaneously with

the counting of votes in the polling place.

Upon completion of the ERs, the BEI Chairman shall orally and
publicly announce the total number of votes received in the
election in the polling place by each and every one of the
candidates.
Canvass and
Proclamation
 Composition of Board of Canvassers
1. Provincial: Chairman – the provincial election supervisor, or a lawyer of a regional office
of the COMELEC; Vice Chairman – the provincial prosecutor; Member – Provincial
superintendent

2. City: Chairman – city election registrar or lawyer of the COMELEC; Vice Chairman – city
prosecutor; Member – city superintendent of schools

3. Municipal: Chairman – election registrar or rep of the Commission; Vice Chairman –

municipal treasurer; Member – most senior district schools supervisor or in his absence,
a principal of the school

Ø For the AES, the chairman of the board shall be appointed by the COMELEC from among its
personnel/deputies, and the members from those enumerated above.
 Prohibitions

> Relation within the 4th civil degree by

consanguinity or affinity to any of the
candidates whose votes will be canvassed by the
Board, or to any member of the Board.
> Transfer, assignment, detail of any member of
the Board outside of his official station without
the prior authority of the COMELEC.
 Board of Canvassers
Ø For Senators and Party-List Representatives:
COMELEC en banc

Ø For President and VP: The Senate and HoR in joint

public session

A canvassing board performs a purely ministerial

function, that of compiling and adding the results as they
appear in the returns transmitted to it.
 Canvass by the Board
1. The proceedings of the BoC shall be open and public.
2. A majority vote of all the members of the BoC shall be necessary to render a
decision.
3. The BoC shall meet not later than 6:00 P.M. of election day at the place
designated by the Commission to receive the ERs and to immediately canvass
those that have already been received.
4. It shall meet continuously from day to day until the canvass is completed.
5. Subj. to reasonable exceptions, the BoC must complete their canvasses within
36hrs in municipalities, 48hrs in cities, and 72hrs in provinces.
6. The respective BoC shall prepare a cert. 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.
 transmittal

BOC NBOC
BEI (Municipal to
Provincial;
(COMELEC En
Banc &
Election Cert. of
Returns District) Canvass & Congress)
Statement
of Votes

189
 Definitions under RA 9369
Election returns - a City/municipal/district/provi Statement of votes -
document in electronic ncial certificate of canvass -
and printed form a document in electronic and a document containing
directly produced by the printed form containing the the votes obtained by
counting or voting total votes in figures candidates in each
machine, showing the obtained by each candidate in
date of the election, the a city/municipality/district/ precinct in a
province, municipality province as the case may be. city/municipality
and the precinct in The electronic certificates of
which it is held and the canvass shall be the official
votes in figures for canvass result in the
each candidate in a aforementioned jurisdictions.
precinct in areas where
AES is utilized
191
 Canvassing by City or Municipal Boards of Canvassers.

The City or Municipal board of canvassers shall canvass the

votes for the president, vice-president, senators, and parties,
organization or coalitions participating under the party-list
system by consolidating the electronically transmitted
results contained in the data storage devices used in the
printing of the election returns. Upon completion of the
canvass, it shall print the certificate of canvass of votes for
president, vice-president, senators and members of the House
of Representatives and elective provincial officials and
thereafter, proclaim the elected city or municipal officials, as
the case may be.
 Canvassing by City Boards of Canvassers
The city board of canvassers of cities comprising one or more
legislative districts shall canvass the votes for president,
vice-president, senators, members of the House of
Representatives and elective city officials by consolidating the
certificates of canvass electronically transmitted or the
results contained in the data storage devices used in the
printing of the election returns. Upon completion of the
canvass, the board shall produce the canvass of votes for
president, vice-president, and senators and thereafter,
proclaim the elected members of the House of Representatives
and city officials.
 Canvassing by Provincial Boards of Canvassers
The provincial board of canvassers shall canvass the certificate of canvass
for president, vice-president, senators, and members of the House of
Representatives and elective provincial officials as well as plebiscite
results, if any plebiscite is conducted simultaneously with the same
election, as submitted by the board of canvassers of municipalities and
component cities: Provided, That the returns for national positions shall
be canvassed first. Upon completion of the canvass, it shall prepare the
certificate of canvass for president, vice-president, and senators,
announce the results of the election for national positions in the province,
and thereafter, proclaim the elected member of the House of
Representatives and provincial officials as well as the plebiscite results, if
any.
 Canvassing by the National Board of Canvassers for
Senators and Party-List Representatives

The chairman and members of the Commission on

Election sitting en banc, shall compose the national
board of canvassers for senators and party-list
representatives. It shall canvass the results by
consolidating the certificates of canvass
electronically transmitted. Thereafter, the national
board shall proclaim the winning candidates for
senators and party-list representatives.
 Canvass by the Congress as the National Board of Canvassers
for President and Vice-President

The Senate and the House of Representatives in joint public session shall compose the
national board of canvassers for president and vice-president. The certificate of canvass
for president and vice-president duly certified by the board of canvassers of each
province or city, shall be electronically transmitted to the Congress, directed to the
president of the Senate. Upon receipt of the certificates of canvass, the President of the
Senate shall, not later than thirty (30) days after the day of the election, open all the
certificates in the presence of the Senate and the House of representatives in joint public
session and the Congress upon determination of the authenticity and the due execution
thereof in the manner provided by law, canvass all the results for president and vice-
president and thereafter, proclaim the winning candidates.
 overview
Municipal/City BOC City BOC Provincial BOC
The city board of canvassers of
Proclaims the elected city or cities comprising one or more Proclaims the elected member
municipal officials, as the case legislative districts shall proclaim of the House of Representatives
may be. the the elected members of the and provincial officials as well
House of Representatives and city
officials. as the plebiscite results, if any.

Congress in Joint Session

COMELEC En Banc
The Senate and the House of
proclaims the winning Representatives in joint public
candidates for senators and session shall compose the national
board of canvassers for president
party-list representatives. and vice-president and proclaim
the winning candidates.

198
 Election resulting in tie
Whenever it shall appear from the canvass that two or more candidates have
received an equal and highest number of votes, or in cases where two or more
candidates are to be elected for the same position and two or more candidates
received the same number of votes for the last place in the number to be elected,
the board of canvassers, after recording this fact in its minutes, shall by resolution,
upon five days notice to all the tied candidates, hold a special public meeting at
which the board of canvassers 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, and 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. 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.
Nothing in this section shall be construed as depriving a candidate of his right to
contest the election.
Remedies
 Petition to Deny Due Course or Cancel a CoC
Where to file Grounds Effects

COMELEC Division Sec. 78 of the OEC; That any 1. The CoC is considered void ab
material representation contained initio.
in the CoC is false + a showing that
there was an intent to deceive the 2. The person is deemed to have
electorate. not been a candidate at all.
Material Misrepresentation 3. There can be no valid
ü Residency substitution.
When to file ü Age 4. No valid candidacy thus no
At any time not later than 25 ü Citizenship valid votes. Stray votes.
days from the time of the filing ü Other legal qualifications 5. Second placer should be
of the CoC nec. to run for local proclaimed. (Aratea, Jalosjos,
elective office in the LGC
Maquiling)

201
 Petition for Disqualification
Grounds (Sec. 68, OEC)
Where to file
(a) giving money or other material consideration to influence, induce or
COMELEC Division corrupt the voters or public officials performing electoral functions;
(b) committing acts of terrorism to enhance his candidacy;
(c) spending in his election campaign an amount in excess of that allowed by
When to file this Code;
any day after the last (d) soliciting, receiving or making any contribution prohibited under
Sections 89, 95, 96, 97 and 104; or
day for filing of
certificates of candidacy (e) violating any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and
but not later than the cc, subparagraph 6;
date of proclamation. (f) permanent residence in a foreign country or an immigrant thereof
unless said person has waived his status as permanent resident or
immigrant of a foreign country.

202
 Codilla v. De Venecia
FACTS: Codilla and Locsin were candidates for the position of -On June 14, 2001, the COMELEC Second Division promulgated its
Representative of the 4th legislative district of Leyte during the 2001 Resolution in SPA No. 01-208 which found the Codilla guilty of indirect
elections. At that time, Codilla was the Mayor of Ormoc City while solicitation of votes and ordered his disqualification. It directed the
Locsin was the sitting Representative of the 4th legislative district of "immediate proclamation of the candidate who garnered the highest
Leyte. number of votes xxx.
- A Petition for Disqualification was filed against Codilla for violation -The votes cast for Codilla were declared stray even before said
of Section 68 (a) of the Omnibus Election Code. Resolution could gain finality. Locsin was proclaimed as the winner, took
her oath and assumed office.
- The petition was not resolved by the COMELEC before elections.
Consequently, Codilla was included in the list of candidates for district -Codilla filed a MFR which was granted by the COMELEC En Banc thereby
representative and was voted for. The initial results showed that Codilla dismissing the disqualification case and annulling the proclamation of
was the winning candidate. Locsin.
- On May 16, 2001, before the counting could be finished, Locsin joined -Locsin filed a comment to the effect that the COMELEC has no
as intervenor in SPA No. 128 and filed a Most Urgent Motion to Suspend jurisdiction to nullify her proclamation after she had taken her oath and
Proclamation of Codilla with the COMELEC Second Division. Locsin assumed office since it is the HRET which is the sole judge of election,
alleged that the evidence on record against Codilla is very strong and returns and qualifications of Members of the House.
unless rebutted remains.
-Codilla was proclaimed by the PBOC as the duly-elected
- The COMELEC Second Division issued an Ex-Parte Order directing the Representative of the 4th legislative district of Leyte. He informed
PBOC of Leyte to suspend the proclamation of Codilla in case he obtains Speaker De Venecia of his intention to assume office. The Speaker
the highest number of votes by reason of "the seriousness of the himself recognizes the finality of the COMELEC decision but has decided
allegations” in the petition for disqualification. As a result, Codilla was to refer the matter to the Supreme Court for adjudication.
not proclaimed as winner even though the final election results showed
that he garnered 71,350 votes as against Locsin's 53,447 votes.
 ISSUE #1: W/N Codilla’s disqualification is valid
HELD: The disqualification of Codilla is null and void for being violative
of due process and for want of substantial factual basis. Even Locsin, as a mere second placer, cannot
assuming, however, that Codilla was validly disqualified, it is still
improper for the COMELEC Second Division to order the immediate
be proclaimed.
exclusion of votes cast for the Codilla as stray, and on this basis,
proclaim the respondent as having garnered the next highest number More brazen is the proclamation of
of votes.
Locsin which violates the settled
The order of disqualification is not yet final, hence, the votes cast in
favor of Codilla cannot be considered "stray." doctrine that the candidate who obtains
Section 6 of R.A. No. 6646 and section 72 of the Omnibus Election Code the second highest number of votes may
require a final judgment before the election for the votes of a
disqualified candidate to be considered "stray." Hence, when a candidate
not be proclaimed winner in case the
has not yet been disqualified by final judgment during the election day winning candidate is disqualified. In
and was voted for, the votes cast in his favor cannot be declared stray.
To do so would amount to disenfranchising the electorate in whom every election, the people's choice is the
sovereignty resides.
paramount consideration and their
This principle applies with greater force in the case at bar considering
that Codilla has not been declared by final judgment to be disqualified expressed will must at all times be given
not only before but even after the elections. The Resolution of the
COMELEC Second Division disqualifying Codilla did not attain finality,
effect. When the majority speaks and
and hence, could not be executed, because of the timely filing of a elects into office a candidate by giving
Motion for Reconsideration.
him the highest number of votes cast in
the election for the office, no one can be
declared elected in his place.
ISSUE #2: Whether it is the COMELEC or the HRET which
has jurisdiction in the instant case
HELD: Since Codilla seasonably filed a Motion for (b) The instant case does not involve the election and
Reconsideration of the Order of the Second Division suspending qualification of respondent Locsin.
his proclamation and disqualifying him, the COMELEC en banc
was not divested of its jurisdiction to review the validity of the Locsin maintains that the proper recourse of Codilla is to file a
said Order of the Second Division. The said Order of the Second petition for quo warranto with the HRET.
Division was yet unenforceable as it has not attained finality; A petition for quo warranto may be filed only on the grounds
the timely filing of the motion for reconsideration suspends of ineligibility and disloyalty to the Republic of the
its execution. It cannot, thus, be used as the basis for the Philippines. In the case at bar, neither the eligibility of Locsin
assumption in office of the respondent as the duly elected nor her loyalty to the Republic of the Philippines is in question.
Representative of the 4th legislative district of Leyte. There is no issue that she was qualified to run, and if she won,
It is the House of Representatives Electoral Tribunal (HRET) to assume office.
which has no jurisdiction in the instant case. A petition for quo warranto in the HRET is directed against one
a) The issue on the validity of the Resolution of the COMELEC who has been duly elected and proclaimed for having obtained
Second Division has not yet been resolved by the COMELEC en the highest number of votes but whose eligibility is in question
banc. at the time of such proclamation. It is evident that Locsin
cannot be the subject of quo warranto proceeding in the HRET.
To stress again, at the time of the proclamation of Locsin, the She lost the elections to Codilla by a wide margin. Her
validity of the Resolution of the COMELEC Second Division was proclamation was a patent nullity. Her premature assumption
seasonably challenged by Codilla in his Motion for to office as Representative of the 4th legislative district of
Reconsideration. The issue was still within the exclusive Leyte was void from the beginning. It is the height of absurdity
jurisdiction of the COMELEC en banc to resolve. Hence, the for Locsin, as a loser, to tell Codilla, Sr., the winner, to unseat
HRET cannot assume jurisdiction over the matter. her via a quo warranto proceeding.
 Effects of Filing the Petition for Disqualification
1. Complaint filed before election; if granted and declared by final judgment before election =
disqualified; respondent shall not be voted for and the votes cast for him are considered stray.
2. Complaint is not resolved with finality before election = the candidate may be voted for; if he
obtains the winning number of votes, he is entitled to be proclaimed elected to the office and
to enter the discharge of his functions. The complaint shall be referred to the Law Department
for preliminary investigation
3. Complaint filed after election but before proclamation = the complaint shall be dismissed as a
disqualification case; but it will be referred to the Law Dept for PI; if the Law Dept finds a
prima facie guilt of the respondent, it shall file the corresponding information before the
court; the complainant may file a petition before the court to suspend the proclamation. The
trial court may order the suspension of the proclamation where the evidence of guilt is strong;
4. Complaint filed after election and proclamation of winner = complaint shall be dismissed as a
disqualification case; but it will be referred to the Law Dept for PI;
 Failure of Election
Three instances when a failure of election may be
declared:
1. No election is held;
2. Election is suspended; or
3. Election is held but such election results in a failure
to elect.
All on account of force majeure, violence, terrorism,
fraud, or other analogous cases.
 “Failure to Elect”

This means that “nobody emerged as winner.” There

is failure only when the will of the electorate has
been muted and cannot be ascertained. If the will of
the people is determinable, the same must as far as
possible be respected.
 Sison v. COMELEC
A petition to declare failure of election was filed on the
ground of massive and orchestrated fraud. The SC held
that: “We have painstakingly examined petitioner’s
petition before the COMELEC but found nothing therein
that could support an action for declaration of failure of
elections. He never alleged at all that elections were
either not held or suspended. Furthermore, petitioner’s
claim of failure to elect stood as a bare conclusion bereft
of any substantive support to describe just exactly how
the failure to elect came about.”
 Three Conditions
1. No voting has taken place in any precinct or even if there
was voting, the election nevertheless results in failure to
elect;
2. The votes cast would affect the result of the election;
3. The cause of such failure should have beenforce majeure,
violence, terrorism, fraud, or other analogous cases.
The concurrence of these circumstances justifies the calling of
special elections.
 “Result of Election”
This means the net result of the election in the rest of the
precincts in a given constituency, such that if the margin of a
leading candidate over that of his closest rival in the latter
precincts is less than the total number of votes in the precinct
where there was failure of election.
Example: The partial result of the canvass for mayor is as follows:
A – 22,512
B – 21,305
Total number of registered voters in the questioned precincts is
3,510.
 Mitmug v. COMELEC
> Before COMELEC can act on a verified petition seeking to declare a failure of election, two
(2) conditions must concur: first, no voting has taken place in the precinct or precincts on
the date fixed by law or, even if there was voting, the election nevertheless results in
failure to elect; and, second, the votes not cast would affect the result of the election.
> In the case before us, it is indubitable that the votes not cast will definitely affect the
outcome of the election. But, the first requisite is missing, i.e., that no actual voting took
place, or even if there is, the results thereon will be tantamount to a failure to elect. Since
actual voting and election by the registered voters in the questioned precincts have taken
place, the results thereof cannot be disregarded and excluded. COMELEC therefore did not
commit any abuse of discretion, much less grave, in denying the petitions outright. There
was no basis for the petitions since the facts alleged therein did not constitute sufficient
grounds to warrant the relief sought. For, the language of the law expressly requires the
concurrence of these conditions to justify the calling of a special election.
 Mitmug v. COMELEC
The voter turnout in this case was rather low. The SC held that:
There can be failure of election in a political unit only if the will of
the majority has been defiled and cannot be ascertained. But, if it
can be determined, it must be accorded respect. After all, there is
no provision in our election laws which requires that a majority of
registered voters must cast their votes. All the law requires is
that a winning candidate must be elected by a plurality of valid
votes, regardless of the actual number of ballots cast. Thus, even
if less than 25% of the electorate in the questioned precincts cast
their votes, the same must still be respected. There is prima
facie showing that private respondent was elected through a
plurality of valid votes of a valid constituency.
 Pre-Proclamation Controversy (RA 8804)
Grounds Illegal Proceedings
A pre-proclamation controversy
Where to file Discovered after
refers to the proceedings of the board BOC or directly with the Proclamation.
of canvassers which may be raised by
any candidates or by any registered COMELEC Division; If the illegality of the proceedings
political party or coalition of political of the BOC is discovered after the
parties, or by any accredited and official proclamation of the
participating party list group, before supposed results, a verified
petition to annul the proclamation
the board or directly with the When to file may be filed before COMELEC
Commission. It covers only two
issues: If commenced directly with the within ten (10) days after the day
Commission, the verified petition of proclamation.
a. Illegal composition of the Board of shall be filed immediately when the
Canvassers (BOC); board begins to act illegally, or at
the time of the appointment of the The period for filing an
b. Illegal proceedings of the BOC.
member of the board whose election protest is suspended
The basis of the canvass shall be capacity to sit as such is objected
electronically transmitted results. to.
by the pendency of a pre-
proclamation controversy.

214
 PPC vis-à-vis EP or QW
> As a rule, the filing of an EP or QW precludes the subsequent filing of
a PPC or amounts to an abandonment of one earlier filed.
> Exceptions:
1. The BOC was improperly constituted;
2. QW is not the proper remedy;
3. What was filed was not really am EP or QW but a petition to annul a
proclamation;
4. The filing of an election contest was expressly made without
prejudice to the PPC or was made ad cautelam;
5. The proclamation was null and void.
 Election Protest
Who: a candidate who Grounds: fraud, Where:
has filed a CoC and terrorism, a. President/VP: SC as the
Presidential Electoral
has been voted upon irregularities or Tribunal
for the same office illegal acts b. Senator: Senate Electoral
committed Tribunal
before, during c. Representative: HRET
and after the d. Regional/Provincial/City:
COMELEC
casting and
counting of e. Municipal: RTC
votes. f. Barangay: MTC
Appeal: from MTC/RTC to
COMELEC
 Death of Protestant
1. De Castro v. COMELEC – In this case, the trial court denied the motion for
intervention and/or substitution filed by the Vice-Mayor and held that than
election protest being personal to the protestant, is ipso facto terminated by
the latter’s death. The SC held that: The death of the protestant does not
extinguish an election protest. An election protest is imbued with public
interest because it also involves 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.
2. Poe v. GMA – If persons not real parties in the action could be allowed to
intervenes, proceedings will be unnecessarily complicated, expensive and
interminable. Inasmuch as no real parties such as the vice-presidential
aspirants in the 2004 elections have come forward to intervenes, 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
Who may file: any Grounds: Where to file:
registered voter in 1. Ineligibility COMELEC Division
the constituency
2. Disloyalty to the Except if member of
Republic of the the HoR then HRET
When: within 10 days Philippines
from proclamation
 Sampayan v. Daza
FACTS: Petitioners, residents of the second Congressional District of Northern
Samar filed a petition for prohibition seeking to disqualify respondent Raul Daza,
then incumbent congressman of the same congressional district, from continuing to
exercise the functions of his office, on the ground that the latter is a greencard
holder and a lawful permanent resident of the United States since October 16, 1974.
HELD: Jurisdiction of this case rightfully pertains to the House Electoral Tribunal.
Under Section 17 of Article VI of the 1987 Constitution, it is the House Electoral
Tribunal which shall be the sole judge of all contests relating to the election,
returns and qualification of its members. Since petitioners challenge the
qualifications of Congressman Daza, the appropriate remedy should have been to
file a petition to cancel respondent Daza’s certificate of candidacy before the
election or a quo warranto case with the House Electoral Tribunal within ten (10)
days after Daza’s proclamation.