Activities

Registration

Pre-Election
Solutions
Inclusion
- Grounds: Disapproval or
Name Stricken Out
-Where: MTC, Appeal RTC, SC
- Who: Person, Comelec
Exclusion
- Grounds: Not Qualified,
Voter is not real
-Where: MTC, Appeal RTC, SC
- Who: Any Voter,
EO or Party, Comelec
Annulment of the book of voters
- Grounds: Book prepared
Improperly, fraudulently,
statistically improbable data
- Where: Comelec En Banc
- Who files: Any Voter,
EO or Party, or motu propio
by comelec

Filing Certificate of
Candidacy

Other Possible Problems

Opposing Voters
Registration:
(registration is not yet
resolved)
- Grounds: Not
qualified, fictitious
- Where: Election
Registration Board
(file written
opposition)
- Who can oppose:
Voter, Candidate,
Pol party
- Person opposed
req. to appear
Inter party Dispute
(within)
- Comelec Division
Intra Party Dispute
(between 2 parties)
- Comelec Division

Disqualification (Other Grounds)

Substitution
- Grounds:
- Grounds: Death,
o Lack qualifications/
Withdrawal,
possess some
Disqualification
disqualifications
Both substituted
o Violate Term Rule
and substitute
(1-2-3 terms)
must qualify
o Nuisance Candidate
- until mid day of
(file within 5 days of
election day
last day of CoC
filing. Only avail
before proc.)
o Sentenced by Final
Judgment
(accessory penalty)
o Willfully Commits
Material
Misrepresentation
(25 days from Filing
of CoC of candidate;
petition for
cancellation of
certif. of candidacy)
o No valid, timely and
properly filed
certificate of
candidacy
o Violation of
Omnibus Election
Code (2 types)
- Where: Comelec Division
-

If you werent able to file

before proclamation quo
warranto

Disqualification on Commission of

specific election offense

- Grounds: Vote-Buying,
Terrorism, Unlawful
Expenditures, Unlawful
Campaign, Coercion of
Subordinates, Threats,
Prohibition against Release
of Public Funds
-

Campaign

Where: Comelec Division

(other election offenses
file EO case RTC hears)
If you werent able to file
before proclamation quo
warranto

Disqualification

In between: Postponement (until election day before poll closes)

- Grounds: must be serious and impossible to conduct free and orderly
elections. Must exist before voting
(1) Force majeure,
(2) Violence,
(3) Terrorism,
(4) Loss or Destruction of Election Paraphernalia, and
(5) Analogous Causes
-

Where: Comelec En Banc (petition or motu propio)

Result: Special Elections

Activities
1. Casting
2. Counting
3. Canvassing

Election
Solutions
Disqualification
Failure of Election
- Grounds: (must result to
failure to elect, affect result
of election)
(1) Force majeure,
(2) Violence,
(3) Terrorism,
(4) Analogous Causes
(5) Fraud
- Where: Comelec En Banc
(petition)
- Result: Special Election
Challenge (remedies of
inclusion/exclusion transformed
to this on election day)
Grounds:
Illegal Voter
Not Registered, Used
another name, Disqualified
Where: BOEI
Will be allowed to vote if
properly identified
Illegal Act
Vote selling, Vote Buying,

Other Possible Problems

Substitution
- Until mid-day of
election day
If counting needs to be
transferred:
- BOEI, unanimous
- Concurrence of
majority of
watchers

1.
2.
3.
4.

Activities
Canvassing
Election Returns
or Certificates of
Canvass
Transmission
Proclamation

Betting
Where: BOEI
Will be allowed to vote
after taking an oath

Pre Proclamation
Solutions
Disqualification
Failure of Election
Pre Proclamation Case: (applies
only to local positions)
Traditional Election
1. Board of Canvassers
Composition/ Proceedings
- Where: Board or Comelec
division (concurrent)
2. Election Returns/ Certif of
Canvass
-

Grounds:
1. Delayed - wait for it,
2. Lost or Destroyed
(Evident on face of
ERs/CoCs) - Use other
copies
3. Material Defects (Name of
Candidate Omitted, or
Votes of Candidate
Omitted) BEI/BOC to
correct or recount
4. Falsified or Spurious - Not
Signed by BEI, Prepared by
Non-BEI, No Security
Markings, Prepared by BEI
under Duress, or Contain
Erasures (affect integrity)
- use other copies or
recount
5. Manifest error in
canvassing like mistake in
adding, mistake in copying
figures (To correct: motu
propio/petition)
6. Prepared under duress

Where: Board

Automated Election
- Grounds: Objections
pertaining to Proceedings
and Composition of BoC;
Pollwatchers-related; DataStorage Delayed,
Destroyed, Falsified (before
canvass)
- Where:

Other Possible Problems

Activities
1. File SoCE

After Proclamation
Solutions
Other Possible Problems
Quo Warranto
- Grounds: Disqualification/
Ineligibility (but wasnt
able to file before
proclamation), Disloyalty
to Republic
- Where: : Pres PET;
Senators Senate ET;
House of Rep HRET;
Provincial, Regional
Officials - Comelec Div (MR
in En Banc, then SC); City
Officials RTC (Appeal
Comelec Div, En Banc, SC);
Brgy Officials MTC
(Appeal Comelec Div, En
Banc, SC)
- Filed by: Any voter who
voted
- Result: Ouster, Special
Election or succession
Election Protest
- Grounds: Fraud and
Irregularities in Casting,
Counting and Canvassing
-

Where: Same as quo

warranto

Question/ Evidence:
Ballots, ERs, CoCs and
Data-Storage Devices
- Filed by: Candidate who
received 2/3rd highest or
next 4 ranks in multi-slot
(except senator, congress,
resional/prov/city any
candidate)
- Result: true winner
proclaimed
*Note: Election Protest can cover
any anomaly (violence, illegal
voter, illegal act, failure of
election but raised only after
proclamation)
Annulment of Proclamation
- Grounds: Irregular and
Illegal Canvass
- Where: Comelec Division
- Effect: Proclamation
Annulled
Election Offenses: (Post Proc)
- Grounds: Violation of
Election Code, Commission
of Prohibited Acts

Investigation: Law
Department or Prosecutors
Venue: Regional Trial
Court
Effect: Disqualification,
Fine/ Imprisonment
June 30
After June 30
Declare Special Election
because of permanent
vacancy of seat, at least
1 year before expiration
of term in House of Reps

ELECTION OFFENSE anytime depending on offense

Where: Comelec Division first instance (administrative part)