ELECTION LAWS

Election
Embodiment of the popular will, the expression of the sovereign power of the people.
Components
1.)
Choice or selection of candidates to public office by popular vote
2.)
Conduct of the polls
3.)
Listing of votes
4.)
Holding of Electoral campaign
5.)
Act of casting and receiving the ballots from the voters
6.)
Counting the ballots
7.)
Making the election returns
8.)
Proclaiming the winning candidates
Regular election refers to an election participated in by those who possess the right of suffrage and not disqualified by law and who
are registered voters.
Special election is when there is failure of election on the scheduled date of regular election in a particular place or which is conducted
to fill up certain vacancies, as provided by law.
POLITICAL PARTIES
Definition (Omnibus Election Code)
An organized group of persons pursuing the same ideology, political ideas or platforms of government including its branches and
divisions.
Types of Political Parties
1)

Registered Parties:
1.)
2.)
3.)
4.)
5.)

2)

Dominant Majority Party usually the administration party; entitled to a copy of election return
Dominant Minority Party entitled to a copy of election return
Majority Political Party
Top 3 Political Parties entitled to appoint principal watcher and a copy of the certificate of canvass
Bottom 3 political parties entitled to appoint principal watcher

Non-registered parties

Criteria to Determine the Type of Political Party

1.)
2.)
3.)
4.)
5.)

Established Record of the said parties, showing in past elections

Number of Incumbent Elective Officials
Identifiable political organizations and strengths
Ability to fill a complete slate of candidates
Other analogous circumstances

Grounds for Challenging the Voter

1.)
2.)

Illegal voters (Not Registered/Using the name of another/Disqualified)

Based on certain illegal acts (Vote buying)

Acquisition of Juridical Personality

It is acquired upon registration with the COMELEC.
Forfeiture of Status as a Registered Political Party
The status shall be deemed forfeited if the political party, singly or in coalition with others, fails to obtain at least 10% of the votes cast in
the constituency in which it nominated and supported a candidate/s in the election next following its registration. There shall be notice
and hearing.
CANDIDATES
Rules on Filing of Certificates of Candidacy
1.)
2.)
3.)
4.)

No person shall be elected into public office unless he files his certificate of candidacy within the prescribed period
No person shall be eligible for more than one office. If he/she files for more than one position, he shall not be eligible for all
unless he cancels all and retains one
The certificate of candidacy shall be filed by the candidate personally or by his duly authorized representative.
Upon filing, an individual becomes a candidate, he is already covered by rules, restrictions and processes involving candidates.

Grounds for Disqualification

1.)

Election offenses under Sec 68 of the Omnibus Election Code (OEC)

2.)

Not possessing qualifications and possessing disqualifications under the Local Government Code
2.1

Sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one year or
more of imprisonment within two years after serving sentence

2.2

Removed from office as a result of an administrative case

2.3

Convicted by final judgment for violating the oath of allegiance to the Republic

2.4

Dual citizenship (more specifically, dual allegiance)

2.5

Fugitives from justice in criminal or non-political cases here or abroad

2.6

Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to
avail of the same right

2.7

Insane or feeble-minded

Violation of Sec 73 of OEC with regard to certificate of candidacy

Violation of Sec 78 which is material misrepresentation of requisites under Sec. 74
Disqualifications (from continuing as a candidate or from holding the office if already elected):
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 is
found by the Commission of having:
1.)
2.)
3.)
4.)
5.)
6.)

Given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral
functions.
Committed acts of terrorism to enhance his candidacy
Spent in his election campaign an amount in excess of that allowed by the Omnibus Election Code)
Solicited, received or made any contribution prohibited under this Code
Violated any of the following sections: Section 80, 83, 85, 86, 261
Permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office UNLESS he/she
has waived his/her status as a permanent resident/immigrant of a foreign country in accordance with the residence
requirement provided for under election laws.

Effect of a Disqualification Case (under RA 6646)

1.)

Any candidate who has been declared by final judgment to be disqualified shall NOT be voted for. The votes cast in his favor
shall not be counted.

2.)

If the candidate is not disqualified by final judgment before the election and receives the highest number of votes in the
election, the court or COMELEC will continue with the trial and hearing of the action, inquiry or protest. Upon motion of the
complainant or intervenor, the court or COMELEC may order the suspension of the proclamation of the candidate whenever
the evidence of his guilt is strong.

Nuisance Candidates
A.

The term refers to candidates who have no bona fide intention to run for the office for which the certificate of candidacy has
been filed and would thus prevent a faithful determination of the true will of the people.

B.

Power of COMELEC

1.)

May refuse to give due course to or cancel a certificate of candidacy of a nuisance candidate. This can be done motu proprio or
upon verified petition of an interested party.

2.)

There should be a showing that:

1.)
2.)
3.)

Certificate of candidacy has been filed to put the election process in mockery/disrepute or
To cause confusion among the voters by the similarity of the names of the registered candidates
Other circumstances which clearly demonstrate that the candidate has no bona fide intention to run for the office

PETITION TO DENY DUE COURSE TO OR TO CANCEL A CERTIFICATE OF CANDIDACY

A.
Exclusive ground: A material representation in the certificate of candidacy is false.
B.
The petition should be filed not later than 25 days from the filing of the certificate of candidacy.
C.
It should be decided not later than 15 days before the election, after due notice and hearing.
ELECTION CAMPAIGN/PARTISAN POLITICAL ACTIVITY
Definition
1)

It refers to an act designed to promote the election or defeat of a particular candidate/s to a public office

2)

It includes:

3)

A.

Forming organizations, associations, clubs, committees or other groups of persons for the purpose of soliciting
votes and/or undertaking any campaign for or against a candidate.

B.

Holding political caucuses, conferences, meetings, rallies, parades or other similar assemblies for the purpose of
soliciting votes and/or undertaking any campaign or propaganda for or against a candidate.

C.

Making speeches, announcements or commentaries or holding interviews for or against the election of any
candidate for public office.

D.

Publishing or distributing campaign literature or materials designed to support or oppose the election of any
candidate.

E.

Directly or indirectly soliciting votes, pledges or support for or against a candidate.

When the acts enumerated above are NOT considered an election campaign/partisan political activity.

If the acts are performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a
political party, aggroupment, or coalition of parties.
Grounds when the List of Voters will be altered:
1.)
2.)
3.)
4.)
5.)
6.)

Deactivation/ Reactivation
Exclusion/ Inclusion
Cancellation of Registration in case of Death
New voters
Annulment of Book of Voters
Transfer of Residence

How is challenge to right to register effected?

Who any voter, candidate, political party representative
How in writing, stating grounds, under oath, proof of notice of hearing
Deactivation means removing the registration records of persons from the precinct book of voters and place the same, properly marked
and dated in indelible ink, in the inactive file after entering the cause of deactivation.
How is reactivation of registration effected?
Sworn application for reactivation
Affidavit
Not later than 120 days before regular election and 90 days before special election
Annulment of Book of Voters is through verified petition; notice and hearing; not prepared in accordance with law or prepared through
fraud, bribery, forgery, impersonation, intimidation, force, any similar irregularity or which contains data that are statistically
improbable
Cannot be done within 90 days before election

POSTPONEMENT OF ELECTION
Causes
1.)
Violence
2.)
Terrorism
3.)
Loss or destruction of election paraphernalia/records
4.)
Force majeure
5.)
Other analogous causes
Effect
It is impossible to hold a free, orderly and honest election in any political subdivision
COMELEC can postpone the election (when decided by a majority vote of the COMELEC sitting en banc, RA 7166):
A.
Motu proprio
B.
Upon a verified petition by any interested party, after due notice and hearing
DATE OF NEW ELECTION
The date of the postponed election should be reasonably close to the date of the election not held, suspended, or which resulted in a
failure to elect. It should not be later than 30 days after the cessation of the cause for such postponement or suspension of the election or
failure to elect.
FAILURE OF ELECTION
Causes
1.)
Force majeure
2.)
Violence
3.)
Terrorism
4.)
Fraud
5.)
Other analogous causes
Under RA 7166, the causes for the declaration of the failure of election may occur before or after the casting of votes or on the day of the
election.
Effect
A.
B.
C.

Election in any polling place was not held on the date fixed;
Election was suspended before the hour fixed by law for the closing of the voting
Elections results in a failure to elect (after the voting and during the preparation and transmission of the election returns or in
the custody or canvass thereof)
AND the failure or suspension of the election would affect the result of the election

Remedy
COMELEC can call for the holding or continuation of the election not held, suspended, or which resulted in a failure to elect. The election
should be held not later than 30 days after the cessation of the cause of the postponement or suspension of the election or failure to elect.
This is decided by the COMELEC, by a majority vote of its members, sitting en banc.
RA 7941 PARTY-LIST SYSTEM ACT
Seeks to promote proportional representation.
Any party already registered need not register anew.
File manifestation not later than 90 days before election.
Grounds for Refusing or Canceling Registration of Party-Lists Groups
1.)
Religious sect or denomination, organization
2.)
Advocates violence
3.)
Foreign party or organization
4.)
Receives foreign support
5.)
Violates election law
6.)
Untruthful statements in its petition
7.)
Ceased to exist for at least one year
8.)
Failed to participate in the last two preceding elections or fails to obtain at least 2% of the votes cast under the party-list
system in the 2 preceding elections for the constituency in which it has registered
Nomination of party-list reps should not include any candidate for any elective office or a person who has lost his bid for an elective
office in the immediately preceding election
Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system shall not be considered
resigned
Party List Reps constitute 20% of the total number of the members of the House of Reps including those under the party-list

How do we determine the number of party list seats in the House of Representatives?
(# of District Reps / 0.80) x 0.20 = # of party list reps
*
*
*
*
*
*

There are presently 208 legislative districts, according to the Veterans Federation Case
The 5 major political parties are now entitled to participate in the party list system
Parties receiving at least 2% of the total votes cast for the party-list system shall be entitled to one seat each
No party shall be entitled to more than 3 seats
Currently, there are 260 seats. So 20 % of 260 is 52 seats. But this is only a ceiling.
A list with 5 names should be submitted to COMELEC as to who will represent the party in the Congress. Ranking in the list
submitted determines who shall represent party or organization.

Rules for Appreciation of Ballots

*
Liberal Construction in favor of the validity of the ballot
*
Look at the ticket slate, consider locality or literacy rate
*
Rule 211 of the OEC
*
Incumbency / Surname
*
Cannot ascertain STRAY VOTE
PRE-PROCLAMATION CONTROVERSIES
Definition
1.)

A pre-proclamation controversy refers to any question pertaining to or affecting the proceedings of the board of canvassers
which may be raised by any candidate or by any registered political party or coalition of political parties before the board or
directly with the COMELEC.

2.)

It would also refer to any matter raised under Sections 233, 234, 235, and 236 of the Omnibus Election Code in relation to the
preparation, transmission, receipt, custody, and appreciation of the election returns. (Board of canvassers have original
jurisdiction while COMELEC have appellate jurisdiction)
1.)
When election returns are delayed, lost or destroyed (Sec.233)
1.)
Material defects in the election returns (Sec. 234)
1.)
When election returns appear to be tampered with or falsified. (Sec. 235)
1.)
Discrepancies in election returns (Sec. 236)

3.)

Those that can be filed with COMELEC directly are the ff:
1.)
Issue involves the illegal composition or proceedings of the board of canvassers, as when a majority or all of the
members do not hold legal appointments or are in fact usurpers
1.)
Issue involves the correction of manifest errors in the tabulation or tallying
of the results during the canvassing

Recount
There can be a recount under the grounds of 234-236. The returns involved will affect the results and the integrity of the ballot box has
been preserved
Issues that may be raised in a pre-proclamation controversy:
1.)
Illegal composition or proceedings of the board of canvassers
2.)
The canvassed election returns are incomplete, contain material defects, appear to be tampered with or falsified, or contain
discrepancies in the same returns or in authentic copies thereof
3.)
The election returns were prepared under duress, threats, coercion, or intimidation, or they are obviously manufactured, or
not authentic
4.)
When substitute or fraudulent returns in controverted polling places were canvassed, the results of which materially affected
the standing of the aggrieved candidate/s.
Procedure
A.

Contested composition or proceedings of the board (under RA 7166)

It may be initiated in the board or directly with COMELEC.

B.

Contested election returns (under RA 7166)

Matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns, and certificate of
canvass, should be brought in the first instance before the board of canvassers only.

SUMMARY NATURE OF PRE-PROCLAMATION CONTROVERSY

1.)
Pre-proclamation controversies shall be heard summarily by the COMELEC.
2.)
Its decision shall be executory after the lapse of 5 days from receipt by the losing party of the decision, unless restrained by the
SC.

EFFECT OF FILING PETITION TO ANNUL OR SUSPEND PROCLAMATION

It suspends the running of the period within which to file an election protest or quo warranto proceedings.
WHEN NOT ALLOWED
Pre-proclamation cases on matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns or
the certificates of canvass NOT allowed in elections for: (under RA 7166)
*
President
*
Vice-President
*
Senator
*
Member of the House of Representatives
BUT:

The appropriate canvassing body motu propio or upon written complaint of an interested person can correct manifest errors
in the certificate of canvass or election returns before it.

BUT:

Questions affecting the composition or proceedings of the board of canvassers may be initiated in the board or directly with
COMELEC.

When pre-proclamation cases are deemed TERMINATED (RA 7166)

A.

All pre-proclamation cases pending before the COMELEC shall be deemed terminated at the beginning of the term of the office
involved and the rulings of the boards of canvassers concerned deemed affirmed.

B.

This is without prejudice to the filing of a regular election protest by the aggrieved party.

C.

HOWEVER: Proceedings MAY CONTINUE if:

*
The COMELEC determines that the petition is meritorious and issues an order for the proceedings to continue or
*
The Supreme Court issues an order for the proceedings to continue in a petition for certiorari.

ELECTION CONTEST
Original Jurisdiction
COMELEC has ORIGINAL jurisdiction over contests relating to the elections, returns, qualifications of all elective:
*
Regional
*
Provincial
*
City officials
Appellate Jurisdiction
COMELEC has APPELLATE jurisdiction over all contests involving:
A.
Elective MUNICIPAL officials decided by trial courts of GENERAL jurisdiction
B.
Elective BARANGAY officials decided by trial courts of LIMITED jurisdiction
Who can file a petition contesting the election?
Any candidate who has duly filed a certificate of candidacy and has been voted for the same office
Purpose of an Election Contest
The defeated candidate seeks to outs the proclaimed winner and claims the seat.
Final COMELEC Decisions
Provision that decisions, final orders, rulings of the Commission on election contests involving municipal and barangay offices are final,
executory and not appealable:
A.
This only applies to questions of FACT. (Flores v. COMELEC, 184 SCRA 484)
B.
It does NOT preclude a special civil action of certiorari. (Galido v. COMELEC, Jan. 18, 1991)

DISTINCTIONS BETWEEN PRE-PROCLAMATION CONTROVERSY AND ELECTION CONTEST

1.)

Dividing line: Proclamation of a candidate

2.)

Jurisdiction
A.

B.

Pre-proclamation controversy
1.

The jurisdiction of COMELEC is administrative/quasi-judicial

2.

It is governed by the requirements of administrative due process

Election contest
1.

The jurisdiction of COMELEC is judicial

2.

It is governed by the requirements of judicial process

3)

In some cases, even if the case (involving municipal officials) began with the COMELEC before proclamation but a
proclamation is made before the controversy is resolved, it ceases to be a pre-proclamation controversy and becomes an
election contest cognizable by the RTC.

4)

However, in some cases, the SC has recognized the jurisdiction of COMELEC over municipal cases even after proclamation.
Relate to the provision in RA 7166 allowing pre-proclamation controversy proceedings to continue even after a proclamation
has been made.

ELECTION OFFENSES (SELECTED OFFENSES)

Vote buying and vote-selling
A.

Covered acts

1.)

Give, offer or promise money or anything of value

2.)

Making or offer to make any expenditure, directly or indirectly, or cause an expenditure to be made to any person, association,
corporation, entity or community

3.)

Soliciting or receiving, directly or indirectly, any expenditure or promise of any office or employment, public or private

B.

Purpose of Acts

1.)

To induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election or

2.)

To vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection

C.

Under RA 6646 (Prosecution of vote-buying/selling)

1.)

Presentation of a complaint supported by affidavits of complaining witnesses attesting to the offer or promise by or the voters
acceptance of money or other consideration from the relatives, leaders or sympathizers of a candidate is sufficient basis for an
investigation by the COMELEC, directly or through its duly authorized legal officers.

2.)

Disputable presumption of conspiracy:

Proof that at least one voter in different precincts representing at least 20% of the total precincts in any municipality, city or
province has been offered, promised or given money, valuable consideration or other expenditure by a candidate relatives,
leaders and/or sympathizers for the purpose of promoting the election of such candidate.

3.)

Disputable presumption of involvement:

Proof affects at least 20% of the precincts of the municipality, city or province to which the public office aspired for by the
favored candidate relates. This will constitute a disputable presumption of the involvement of such candidate and of his
principal campaign managers in each of the municipalities concerned in the conspiracy.