Вы находитесь на странице: 1из 4

ALBERTO

AGRA: ELECTION LAW [TABLES, TABLES, TABLES!]



Remedies in general:
Case
Election protest

First Instance
National officials
Electoral tribunals (exception to
appellate)
Provincial/City/ARMM/Regional COMELEC division
Officials
Municipal Mayor
RTC
Barangay Officials
MTC
Disqualification cases (before proclamation)
COMELEC division

Annulment of proclamation
COMELEC division
Inter party/ intra party dispute
COMELEC division

Pre-proclamation
Initially with the Board of

Canvassers; Exceptions: may file
with COMELEC division if BoC
immediately proclaimed the
winner
Apportionment
Congress (but COMELEC may

recommend apportionment)
Election offenses/ finding of probable cause
COMELEC en banc
Annulment of books no one substantive
COMELEC en banc

Failure/postponement of an election
COMELEC en banc

Inclusion/Exclusion
MTC

Post proclamation Quo warranto
Depends on the position
MTC/RTC/CA/SC has concurrent
jurisdiction with the COMELEC

Bidding of election paraphernalia





Courts

Appellate
GR: COMELEC en banc SC en banc (unless exception go
straight to SC en banc)

COMELEC division SC en banc


COMELEC division SC en banc
GR: COMELEC en banc SC en banc
GR: COMELEC en banc SC en banc
GR: COMELEC en banc SC en banc
GR: BoC COMELEC en banc SC en banc
Exception: If the ground questions the BoC, BoC and
COMELEC have concurrent jurisdiction

----
SC en banc
SC en banc
SC en banc
RTC
SEC. 7. Venue. An action under the preceding six sections
can be brought only in the Supreme Court, the Court of
Appeals, or in the Regional Trial Court exercising
jurisdiction over the territorial area where the respondent
or any of the respondents resides, but when the Solicitor
General commences the action, it may be brought in a
Regional Trial Court in the City of Manila, in the Court of
Appeals, or in the Supreme Court.

GR: CA SC

Qualifications of National Officials:




Citizenship
(local officials may be
naturalized)
Residency
Literacy
Age
Registered voter

President
Vice President
Natural born citizen Natural born
citizen

Senator
Natural born citizen

Representative
Natural born citizen

10 years
Able to read and
write
40
Registered voter

2 years
Able to read and
write
35
Registered voter

1 year
Able to read and write

10 years
Able to read and
write
40
Registered voter

25
Registered voter in the district where he
will be a representative (except party
list)

Postponement of Election v. Failure of Election




Causes

Postponement of election
-
Serious Violence
-
Terrorism
-
Force majeure
-
Loss of election paraphernalia
-
Analogous circumstances

Who can file?



Where do you file?

If you lose where do you go?

Remedies

-
COMELEC en banc motu propio
-
Petition by any interested party
COMELEC en banc

Failure of election
-
Violence
-
Terrorism
-
Force majeure
-
Fraud
-
Analogous circumstances
Election in precinct was not HELD or
SUSPENDED
- Petition of any interested party

COMELEC en banc

SC en banc

SC en banc

COMELEC shall hold special election not


later than 30 days after cession of the cause

COMELEC shall hold special election not later


than 30 days after cession of the cause
Additional requirement: Illegality must affect
>50% of votes cast & distinguish between good
and bad votes







More Remedies Distinguished:


What is it?

Grounds

Election protest

Quo Warranto
- Post-proclamation
- Dislodge winning candidate from office
Contest relating to the election and returns Questions the validity of the officials
of elective officials
authority (Rule 66 Rules of
Court/Omnibus Election Code, sec. 253)
-
-

Fraud, irregularities in the


conduct of elections
Casting, counting of ballots and
preparing/canvassing of returns

Qualification of elected official:


-
Ineligibility
-
Disloyalty to the RP

Issue

Who obtained plurality of votes cast

Period for filing contest

President and Vice president: 30 days


President and Vice president: 10 days
Senators: 15 days
Senators: 10 days
Congressmen, R/P/C/M/B/SK: 10 days
President and Vice President/M/B/SK
nd
rd
Candidate with the 2 or 3 highest votes Any voter
Senators/ Congressmen, R/P/C
Any candidate
Any voter
-
Litigate all factual and legal issues
-
May pierce the veil of election

returns
-
Ballots are the best evidence
(may be supported by testimonial
evidence, storage devices, CF
cards, statement of votes if ERs
are fake)

Who may file?

EP v. PP

Whether he possesses all qualifications


and none of the DWQ

Pre-proclamation
- Irregularities that appear on the face of
the election return and affects the
authenticity of election return
- NOT grounds: Mere administrative
omissions cannot be used as a basis to
annul an election return; Duress in the
preparation of an election return
1. Contesting the Board of Canvassers
- Illegal composition
- Illegal proceedings
2. Authenticity of ERs/CoCs
- Statistical improbability
- Votes cast for candidates
- Exceeded # of registered voters:
considered tampered
Questions the BoC OR the preparation,
transmission, receipt, custody and appreciation
of the election returns, and the Certificate of
Canvass


May be raised by any candidate or by any
registered political party, organization, or
coalition of political parties

-
-
-
-
-

Summary in nature
May only look at the material defect in
the ERs
Evidence aliunde is proscribed
Filing suspends period to file election
protest
Standard of proof: Principle of
extreme caution before rejecting
election returns & Clear and convincing
evidence

Timeline of Election Procedure



Registration

Filing of Candidacy

Inclusion;

Annulment of
book of voters;
Exclusion:
Fictitious voter,
no qualifications

Pre-election day

Postponement:

Violence
Terrorism
Force majeure
Loss of election
paraphernalia
Analogous causes

Election offense: Several grounds


Disqualification:
Nuisance (5 days);
Material misrepresentation (25 days from filing);
Not possessing all of the qualifications;
Improper filing of CoC;
Commission of an election offense
- All other grounds, right before proclamation

Election Day
Campaign Casting
Counting
Canvassing

Election Day +1
Canvassing of
ERs/CoCs
Transmission
Proclamation

Failure of election:
Violence
Terrorism
Force majeure
Fraud
Analogous causes

Disqualification (until before


proclamation)

Challenge: Illegal voter; Commission of
an illegal act (vote buying)

Pre-proclamation (2 branches)

After Proclamation June 30


Statement of
Assumption of
contributions and
term
expenditures (SOCE)

Election contest:

Quo Warranto
- Ineligibility or
disloyalty
Election protest
(If you file a contest,
you admit to the
validity of the
proclamation)


Annulment of

proclamation