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Unless a candidate has officially changed his name through a court approved
proceeding, a certificate shall use in a certificate of candidacy the name by which
he has been baptized in any church or religion, the name registered in the office of
the local civil registrar or any other name allowed under provisions existing law or in
the case of a Muslim, his Hadji name after performing the prescribed religious
pilgrimage: provided, that when there are two or more candidates for an office with
the same name and surname, each candidate, upon being made aware or such
facts, shall state his paternal and maternal surname, except the incumbent who
may continue to use the name and surname stated in his certificate of candidacy
when he was elected. He may also include one nick name or stage name by which
he is generally or popularly known in the locality.
The person filing a certificate of candidacy shall also affix his latest photograph,
passport size; a statement in duplicate containing his bio-data and program of
government not exceeding one hundred words, if he so desires.
Sec. 78. Petition to deny due course to or cancel a certificate of candidacy. A
verified petition seeking to deny due course or to cancel a certificate of candidacy
maybe filed by any person exclusively on the ground that any material
representation contained therein as required under Section 74 hereof is false. The
petition may be filed at any time not later than twenty-five days from the time of
the filing of the certificate of candidacy and shall be decided, after due notice and
hearing, not later than fifteen days before the election.
Grounds for Cancellation of COC
Section l. Ground for Denial or Cancellation of Ceftificate of Candidacy.
A verified Petition to Deny Due Course to or Cancel a Certificate of Candidacy for
any elective office may be filed by any registered voter or a duly registered political
party, organization, or coalition of political parties on the exclusive ground that any
material representation contained therein as required by law is false. A Petition to
Deny Due Course to or Cancel Certificate of Candidacy invoking grounds other than
those stated above or grounds for disqualification, or combining grounds for a
separate remedy, shall be summarily dismissed.
The Petition must be filed within flve (5) days from the last day for filing of
ceftificate of candidacy; but not later than twenty five (25) days from the time of
filing of the ceftificate of candidacy subject f the Petition
Section 9. Effect of Granting of Petition
In the event a Petition toDeny Due Course to or Cancel a Ceftificate of Candidacy is
granted by final judgment as defined in the immediately preceding section, the
votes cast for then-candidate whose certificate of candidacy has been cancelled or
denied due course shall be deemed as straY votes.
Ineligible candidates Legal Remedies
Ineligibility- refers to the lack of the qualifications prescribed in the Constitution or
the statutes for holding public office and the purpose of the proceedings for
declaration of ineligibility is to remove the incumbent from office
an ineligible candidate is not considered a candidate at all. A void Certificate of
Candidacy (COC) cannot produce any legal effect. All the votes for the ineligible
candidate are stray votes.
Sec. 253 of the OEC provides:
Sec. 253. Petition for quo warranto.Any voter contesting the election of any
Member of the Batasang Pambansa, regional, provincial, or city officer on the
ground of ineligibility or of disloyalty to the Republic of the Philippines shall file a
sworn petition for quo warranto with the Commission within ten days after the
proclamation of the results of the election.
Any voter contesting the election of any municipal or barangay officer on the
ground of ineligibility or of disloyalty to the Republic of the Philippines shall file a
sworn petition for quo warranto with the regional trial court or metropolitan trial
court, respectively, within ten days after the proclamation of the results of the
election.
Nuisance Candidate
Comelec Rules of Procedure
Any candidate for any elective office who filed his certificate of candidacy to put the
election process in mockery or disrepute or to cause confusion among the voters by
the similarity of the names of the registered candidates or who by other acts or
circumstances is clearly demonstrated to have no bona fide intention to run for the
office for which the certificate of candidacy has been filed, thus preventing a faithful
determination of the true will of the electorate, ffi3y be declared a nuisance
candidate, and his certificate of candidacy may be denied due course or may be
cancelled.
Any registered candidate for the same position may file a verifiedPetition to declare
a candidate as a nuisance candidate
Petition shall be filed personally or through an authorized representative, within five
(5) days from the last day for the filing of certificates of candidacy. In case of a
substitute candidate, the Petition must be filed within five (5) days from the time
the substitute candidate filed his certificate of candidacy.
Motu Proprio Cases. -The Commission may, at any timebefore the election, motu
proprio, declare a candidate as a nuisance candidatesubject to an opportunity to be
heard.
returns and other forms prescribed under this Code in any other place within a
public building in the same municipality or city: Provided, That the said public
building shall not be located within the perimeter of or inside a military or police
camp or reservation nor inside a prison compound.
Manner of counting votes. - The counting of votes shall be made in the following
manner: the board of election inspectors shall unfold the ballots and form separate
piles of one hundred ballots each, which shall be held together with rubber bands,
with cardboard of the size of the ballots to serve as folders. The chairman of the
board of election inspectors shall take the ballots of the first pile one by one and
read the names of candidates voted for and the offices for which they were voted in
the order in which they appear thereon, assuming such a position as to enable all of
the watchers to read such names. The chairman shall sign and affix his right hand
thumbmark at the back of the ballot immediately after it is counted. The poll clerk,
and the third member, respectively, shall record on the election returns and the
tally board or sheet each vote as the names voted for each office are read.
Each vote shall be recorded by a vertical line, except every fifth vote which shall be
recorded by a diagonal line crossing the previous four vertical lines. One party
member shall see to it that the chairman reads the vote as written on the ballot,
and the other shall check the recording of the votes on the tally board or sheet and
the election returns seeing to it that the same are correctly accomplished. After
finishing the first pile of ballots, the board of election inspectors shall determine the
total number of votes recorded for each candidate, the sum being noted on the tally
board or sheet and on the election returns. In case of discrepancy such recount as
may be necessary shall be made. The ballots shall then be grouped together again
as before the reading. Thereafter, the same procedure shall be followed with the
second pile of ballots and so on successively. After all the ballots have been read,
the board of election inspectors shall sum up the totals recorded for each candidate,
and the aggregate sum shall be recorded both on the tally board or sheet and on
the election returns. It shall then place the counted ballots in an envelope provided
for the purpose, which shall be closed signed and deposited in the compartment for
valid ballots. The tally board or sheet as accomplished and certified by the board of
election inspectors shall not be changed or destroyed but shall be kept in the
compartment for valid ballots.
manual appreciation of ballots
Election Returns:Certificate of Canvass Canvassing
City and Municipal BOC the copy of the election returns, duly placed inside a sealed
envelope signed and affixed with the imprint of the thumb of the right hand of all
the members of the board of election inspectors, shall be personally delivered by
the members of the board of election inspectors to the city or municipal board of
canvassers under proper receipt to be signed by all the members thereof
Provincial and District BOC in metropolitan manila
the copy of the election returns shall be personally delivered by the
members of the board of election inspectors to the election registrar for ransmittal
to the proper board of canvassers under proper receipt to be signed by all the
members thereof.
Pre-proclamation controversies 243
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 Commission, or any matter raised under Sections 233, 234, 235
and 236 in relation to the preparation, transmission, receipt, custody and
appreciation of the election returns.
Sec. 243. Issues that may be raised in pre-proclamation controversy. - The following
shall be proper issues that may be raised in a pre-proclamation controversy:
Illegal composition or proceedings of the board of canvassers;
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
other authentic copies thereof as mentioned in Sections 233, 234, 235 and 236 of
this Code;
The election returns were prepared under duress, threats, coercion, or intimidation,
or they are obviously manufactured or not authentic; and
Any objection on the election returns before the city or municipal board of
canvassers, or on the municipal certificates of canvass before the provincial board
of canvassers or district boards of canvassers in Metro Manila Area, shall be
specifically noticed in the minutes of their respective proceedings.
Sec. 19. Consented Composition or Proceedings of the Board: Period to Appeal:
Decision by the Commission. - Parties adversely affected by a ruling of the board of
canvassers on questions affecting the composition or proceedings of the board may
appeal the matter to the Commission within three (3) days from a ruling thereon.
The Commission shall summarily decided the case within five (5) days from the
filing thereof.
Election protest ground; where to file
Q: What are the grounds for the filing of election
protests?
A:
1. Fraud
2. Votebuying
3. Terrorism
4. Presence of flying voters
5. Misreading or misappreciation of
ballots
6. Disenfranchisement of voters
7. Unqualified members of board of
election inspector
8. Other election irregularities.
An election protest or petition for quo warranto shall be filed directly with the
Commission within a non extendible period of ten (10) days following the date of
proclamation. The protest or petition shall be in two (2) original copies with annexes
together with an electronic version thereof stored in compact disc, flash drive, or
other portable storage device, with proof of service of a copy upon the protestee.
The electronic version of the protest or petition need not be signed and shall be in
MS Word or other similar formats, while the annexes shall be in PDF format saved
collectively as a single file.
Each contest shall refer exclusively to one (1) office but contests for offices of the
Sangguniang Pampook, Sanguniang Panlalawigan or Sangguniang Panglungsod
may be consolidated in one (1) case."
For the commission of a second or subsequent offense under this section, the
administrative fine shall be from Two thousand pesos (P2,000.00) to Sixty thousand
pesos (P60,000.00), in the discretion of the Commission. In addition, the offender
shall be subject to perpetual disqualification to hold public office."
Regardless of the results of the elections, or even if the candidates or parties
concerned did not receive any cont
RA 7166Votes sec 155
Casting of Vote
The casting of votes shall start at seven o'clock in the morning and shall end at
three o'clock in the afternoon, except when there are voters present within thirty
meters in front of the polling place who have not yet cast their votes, in which case
the voting shall continue but only to allow said voters to cast their votes without
interruption. The poll clerk shall, without delay, prepare a complete list containing
the names of said voters consecutively numbered, and the voters so listed shall be
called to vote by announcing each name repeatedly three times in the order in
which they are listed. Any voter in the list who is not present when his name is
called out shall not be permitted to vote.
Precints:Counting of Votes
Counting to be public and without interruption. - As soon as the voting is finished,
the board of election inspectors shall publicly count in the polling place the votes
cast and ascertain the results. The board of election inspectors shall not adjourn or
postpone or delay the count until it has been fully completed, unless otherwise
ordered by the Commission.
The Commission, in the interest of free, orderly, and honest elections, may order the
board of election inspectors to count the votes and to accomplish the election
returns and other forms prescribed under this Code in any other place within a
public building in the same municipality or city: Provided, That the said public
building shall not be located within the perimeter of or inside a military or police
camp or reservation nor inside a prison compound.
Manner of counting votes. - The counting of votes shall be made in the following
manner: the board of election inspectors shall unfold the ballots and form separate
piles of one hundred ballots each, which shall be held together with rubber bands,
with cardboard of the size of the ballots to serve as folders. The chairman of the
board of election inspectors shall take the ballots of the first pile one by one and
read the names of candidates voted for and the offices for which they were voted in
the order in which they appear thereon, assuming such a position as to enable all of
the watchers to read such names. The chairman shall sign and affix his right hand
thumbmark at the back of the ballot immediately after it is counted. The poll clerk,
and the third member, respectively, shall record on the election returns and the
tally board or sheet each vote as the names voted for each office are read.
Each vote shall be recorded by a vertical line, except every fifth vote which shall be
recorded by a diagonal line crossing the previous four vertical lines. One party
member shall see to it that the chairman reads the vote as written on the ballot,
and the other shall check the recording of the votes on the tally board or sheet and
the election returns seeing to it that the same are correctly accomplished. After
finishing the first pile of ballots, the board of election inspectors shall determine the
total number of votes recorded for each candidate, the sum being noted on the tally
board or sheet and on the election returns. In case of discrepancy such recount as
may be necessary shall be made. The ballots shall then be grouped together again
as before the reading. Thereafter, the same procedure shall be followed with the
second pile of ballots and so on successively. After all the ballots have been read,
the board of election inspectors shall sum up the totals recorded for each candidate,
and the aggregate sum shall be recorded both on the tally board or sheet and on
the election returns. It shall then place the counted ballots in an envelope provided
for the purpose, which shall be closed signed and deposited in the compartment for
valid ballots. The tally board or sheet as accomplished and certified by the board of
election inspectors shall not be changed or destroyed but shall be kept in the
compartment for valid ballots.
Comelec Jurisdiction-over petition to nullity, proclamation on ground of
disqualification, ineligibility