Вы находитесь на странице: 1из 23

ELECTION LAW

or to propose and enact legislation through


an election called0 for the purpose.

SUFFRAGE
The right to vote in the election of officers
chosen by the people and in the
determination of questions submitted to the
people.
Includes within its scope, election, plebiscite,
initiative and referendum.
A Right and A Privilege
A right because it is the expression of the
sovereign will of the people.
A privilege because its exercise is granted
not to everybody but to such persons or
class of persons as are most likely to
exercise it for the purpose of the public
good.
1.

2.
3.
4.

5.

Theories on Suffrage
Natural Right Theory: Suffrage is a
natural and inherent right of every citizen
who is not disqualified by reason of his own
reprehensible conduct or unfitness.
Social Expediency: Suffrage is a public
office or function conferred upon citizens
who are fit and capable of discharging it.
Tribal Theory: It is a necessary attribute
of membership in the State.
Feudal Theory: It is an adjunct of a
particular status, generally tenurial in
character. A vested privilege usually
accompanying ownership of land.
Ethical Theory: It is a necessary and
essential means for the development of
society.
Election- the means by which the people
choose their officials for a definite and fixed
period and to whom they entrust for the
time being the exercise of the powers of
government.

KINDS:
a. Regular - one provided by law for the
elections of officers either nationwide or in
certain subdivisions thereof, after the
expiration of the full term of the former
officers.
b. Special - one held to fill a vacancy in
office before the expiration of the full term
for which the incumbent was elected.
PLEBISCITE is an electoral process
by which an initiative on the
constitution is approved or rejected
by the people.
INITIATIVE is the power of the people
to propose amendments to the constitution

REFERENDUM is the power of the


electorate to approve or reject legislation
through an election called for the purpose.
ELECTION PERIOD
Shall commence 90 days before the day of the
election and shall end 30 days thereafter.
The campaign period does not include the
day before and the day of the election.
The campaign period in special election is 45
days.
HOW ELECTIONS LAWS ARE
CONSTRUED
1. Conduct of Election Officials.
Before elections- mandatory
After elections- directory
2. Conduct of Candidates.
Before, after and during electionsmandatory
3. On Election Disputes.
Are construed liberally so as not to defeat
the will of the electorate.
VOTERS
I. QUALIFICATIONS FOR SUFFRAGE
Citizenship: Citizen of the Philippines, not
otherwise disqualified by law.
Age: At least 18 years of age
Residence
1. He /she should have resided in
the Philippines for one year and
2. Resided in the city/municipality wherein
he proposes to vote for at least 6 months
immediately preceding the election.
Registered: Must be a duly registered voter
and whose name appears in the list of voters
No literacy, property or other substantive
requirements shall be imposed on the
exercise of suffrage.
Transfer of residence due to work or
occupation, profession or employment in
private or public service, education, etc.,
shall not be deemed to have lost his original
residence (B.P. 881, Sec.117).
Q: Y filed a petition for the
cancellation of the certificate of
candidacy (COC) of X. Essentially, Y
sought the disqualification of X for
Mayor of Z municipality alleging that
X was not a registered voter in that
municipality since he failed to sign his
application for registration, and that
the unsigned application for

registration has no legal effect. X


countered that his failure to sign his
application did not affect the validity
of his registration since he possesses
the qualifications of a voter set forth
in the Omnibus Election Code as
amended by Section 9 of R.A. 8189. Y
insists that the signature in the
application for registration is
indispensable for its validity as it is an
authentication and affirmation of the
data appearing therein. Should X be
disqualified?
A: Yes. R.A. 8189 (The Voters Registration
Act) specifically provides that an application
for registration shall contain specimen
signatures of the applicant as well as his/her
thumbprints, among others. The evidence
shows that X failed to sign very important
parts of the application, which refer to the
oath which X should have taken to validate
and swear to the veracity of the contents
appearing in the said application. From the
foregoing, the irregularities surrounding Xs
application proclaims that he did not
comply with the minimum requirements of
R.A. 8189. Thus, not having demonstrated
that he duly accomplished an application for
registration, X is not a registered voter.
Hence, he must be disqualified to run for
Mayor. (Gunsi, Sr. v. COMELEC, G.R. No.
168792, Feb. 23, 2009).
ABSENTEE VOTING is a process by
which qualified citizens of the Philippines
abroad exercise their right to vote pursuant
to the constitutional mandate that Congress
shall provide a system for absentee voting
by qualified Filipinos abroad (Sec. 2, Art. V,
1987 Constitution).
ABSENTEE VOTING (EXCEPTION TO
RESIDENCY REQUIREMENT): It is in
pursuance of that intention that the
Commission provided for Section 2
immediately after the residency requirement
of Section 1. By the doctrine of necessary
implication in statutory construction, which
may be applied in construing constitutional
provisions (Marcelino v. Cruz, 121 SCRA 51,
56), the strategic location of Section 2
indicates that the Constitutional
Commission provided for an exception to
the actual residency requirement of Section
1 with respect to qualified Filipinos abroad.
The same Commission has in effect declared
that qualified Filipinos who are not in
the Philippines may be allowed to vote
though they do not satisfy the residency
requirement in Section 1, Article V of the
Constitution.

That Section 2 of Article V of the


Constitution is an exception to the residency
requirement found in Section 1 of the same
Article was in fact the subject of debate
when Senate Bill No. 2104, which became
R.A. No. 9189, was deliberated upon on the
Senate floor x x x (Makalintal v. COMELEC,
G.R. No. 157013, July 10, 2003).
WHO ARE QUALIFIED (SEC. 4, R.A.
9189)
1. All citizens of the Philippines abroad
2. Not otherwise disqualified by law
3. At least eighteen (18) years of age
may vote for the following:
1.
2.
3.
4.

President
Vice president
Senators
Party-list representatives

WHO ARE DISQUALIFIED (SEC. 5,


R.A. 9189)
1.

Those who have lost their Filipino


citizenship in accordance with Philippine
laws;
2. Those who have expressly renounced their
Philippine citizenship and who have pledged
allegiance to a foreign country;
3. Those who have committed and are
convicted in a final judgment by a court or
tribunal of an offense punishable by
imprisonment of not less than one (1) year,
including those who have committed and
found guilty of Disloyalty as defined under
Art. 137 of the Revised Penal Code (RPC);
such disability not having been removed by
plenary pardon or amnesty.
Provided, however, that any person
disqualified to vote under this subsection
shall automatically acquire the right to vote
upon expiration of five (5) years after service
of sentence;
Provided, further, That the Commission
may take cognizance of final judgments
issued by foreign courts or tribunals only on
the basis of reciprocity and subject to the
formalities and processes prescribed by the
Rules of Court on execution of judgments;
4.

An immigrant or a permanent resident


who is recognized as such in the host
country.

Unless he/she executes, upon registration,


an affidavit prepared for the purpose by the
Commission declaring that he/she shall
resume actual physical permanent residence
in the Philippines not later than three (3)
years from approval of his/her registration
under this Act. Such affidavit shall also state
that he/she has not applied for citizenship
in another country. Failure to return shall be
the cause for the removal of the name of the
immigrant or permanent resident from the
National Registry of Absentee Voters and
his/her permanent disqualification to vote
in absentia.
5.

Any citizen of the Philippines abroad


previously declared insane or incompetent
by competent authority in the Philippines or
abroad, as verified by the Philippine
embassies, consulates or Foreign Service
establishments concerned.

Voter- an individual qualified and not


disqualified, registered and thus capable of
exercising his right of suffrage
a.

b. System of Continuing Registration


the personal filing for 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 120 days before
the regular election and 90 days before a
special election (Sec. 8, R.A. 8189).

Unless such competent authority


subsequently certifies that such person is no
longer insane or incompetent.
II. DISQUALIFICATION FOR SUFFRAGE
(SEC. 118, B.P. 881)
a. Persons sentenced by final
judgment to suffer imprisonment for
not less than 1 year, not having been
pardoned or granted amnesty (right
to vote is automatically reacquired 5
years after service of sentence).
b. Persons adjudged by final judgment
by a competent court or tribunal of
having committed a crime involving
disloyalty to the government or a
crime against national security, not
restored to full civil and political rights
by law (right to vote is automatically
reacquired 5 years after service of
sentence).
c. Persons insane or incompetent as declared
by competent authority.
III. REGISTRATION OF VOTERS
The 1987 Constitution repealed B.P. 881, Sec.
4 [It shall be the duty of every citizen to
register and cast his vote.] thus making the
dutyDIRECTORY.
In order that a qualified elector may vote in
any election, plebiscite or referendum, he
must be registered in the Permanent List of
Voters for the city or municipality in which
he resides (B.P. 881, Sec. 115).
Elector- has all the qualifications and none
of the disqualifications of a voter, but not
registered, and therefore cannot exercise the
right of suffrage

Registration does not confer the right


to vote. It is but a condition precedent to the
exercise of the right to vote (Yra vs. Abao,
52 Phil. 380 [1929]).
- It is the system of regulation of an
individuals right to suffrage as conferred by
the inherent police power of the
Government.

Note: The SC upheld COMELECs denial of


the request for two additional registration
days in order to enfranchise more than 4
million youth who failed to register on or
before Dec. 27, 2000. It is an accepted
doctrine in administrative law that the
determination of administrative agencies as
to the operation, implementation and
application of a law is accorded greatest
weight, considering that these specialized
government bodies are, by their nature and
functions, in the best position to know what
they can possibly do or not do under
prevailing circumstances.(Akbayan Youth
v. COMELEC, G.R. No. 147066, March 26,
2001).
c.

Disqualification the same grounds as


disqualification for suffrage.

d. Illiterate or disabled voters


Any illiterate person may register with
the assistance of the Election Officer or any
member of an accredited citizens arms. The
application for registration of a
physicallydisabled 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 citizens arm using the data
supplied by the applicant. (R.A. 8189, Sec.
14).
e.

Election Registration Board (ERB)


There shall be in each city and municipality
as many Election Registration Boards as
there are election officers therein. The
Board shall be composed of the Election
Officer as chairman, and as members, the

public school official most senior in rank


and the local civil registrar, or in his
absence, the city or municipal
treasurer. (R.A. 8189, Sec. 15).
f.

Challenges to the right to register


any MEMBER, VOTER, CANDIDATE or
WATCHER may challenge in writing the
right of an applicant to register. The board
must then rule within 3 days after the
challenge was made.

g. Preparation and Posting of the


Certified List of Voters The Board
shall prepare and post a certified list of
voters 90 days before a regular election and
60 days before a special election and furnish
copies thereof to the provincial, regional,
and national central files. Copies of the
certified list, along with a list of deactivated
voters categorized by precinct per barangay
shall also be posted in the office of the
Election Officer and in the bulletin board of
each city/municipal hall.

1.
2.
3.
4.
5.
6.

GROUNDS WHEN THE LIST OF


VOTERS WILL BE ALTERED
Deactivation/ Reactivation
Exclusion/ Inclusion
Cancellation of Registration in case of
Death
New voters
Annulment of Book of Voters
Transfer of Residence
DEACTIVATION OF REGISTRATION
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.

Causes for Deactivation (R.A. 8189, Sec.


27)
1. Having been sentenced by final judgment
to suffer imprisonment for not less than one
year, such disability not having been
removed by plenary pardon or amnesty (this
right shall be automatically reacquired upon
the expiration of five years after service of
sentence).
2. Having been adjudged by final judgment,
by a competent court or tribunal, of having
committed any crime involving disloyalty to
the duly constituted government, unless
restored to his full civil and political rights
in accordance with law (Provided that the
right to vote shall be reacquired
automatically upon the expiration of five
years from service of sentence).

3.

Declaration by competent authority to be


insane or incompetent unless such
disqualification has been subsequently
removed by a declaration by the proper
authority that such person is no longer
insane or incompetent.
4. Failure to vote in the two successive
preceding regular elections as shown by
their voting records.
5. Registration has been ordered excluded by
the court.
6. Loss of Philippine citizenship.
REACTIVATION OF REGISTRATION
(Sec. 28, R.A. 8189)
Who may file?
Any voter whose registration has been
deactivated.
How?
Sworn application for reactivation of his
registration in the form of an affidavit
stating that the ground for the deactivation
no longer exists.
When?
At any time but not later than 120 days
before a regular election and 90 days before
a special election.
INCLUSION AND EXCLUSION
PROCEEDINGS

a.
b.

c.
d.

e.
f.

Common Rules Governing Judicial


Proceedings in the Matter of
Inclusion, Exclusion and Correction
of Names of Voters
Petition shall be filed during office hours.
Notice of the place, date and time of the
hearing of the petition shall be served upon
the members of the Election Registration
Board and the challenged voter upon filing
of the petition.
Petition shall refer only to one precinct and
implead the board as respondent.
No cost shall be assessed against any party
in the proceedings.(Exception: if it was
filed to harass the adverse party and cause
him to incur expenses, the culpable party
shall pay the cost and incidental expenses.)
Any voter, candidate or political party
affected may intervene and present his
evidence.
Decision is based on the evidence presented
and not on stipulation of facts. Nonappearance on the day set for hearing shall
be prima facieevidence that the challenged
voter is fictitious.

g. It shall be decided within 10 days from


receipt of the appeal. In all cases, the court
shall decide these petitions not later than 15
days before the election and the decision
shall become final and executory.
Petition for inclusion
Who may file? Any person whose:
Application for registration has been
disapproved by the board; or
Name has been stricken out from the list.
How?
Filed with a court a petition to include his
name in the permanent list of voters in his
precinct.
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 15 days after its
filing.

Grounds for Annulment


It was not prepared in accordance with the
provisions of the election law, or
b. It was prepared through fraud, bribery,
forgery, impersonation, intimidation force
or any similar irregularity, or
c. It contains data that are statistically
improbable.
No order, ruling or decision annulling a
book of voters shall be executed within 90
days before an election (R.A. 8189, Sec. 39).
a.

Annulment of the list of voters shall not


constitute a ground for a pre-proclamation
contest(Ututalum v. COMELEC, G.R. Nos.
84843-44, January 22, 1990.).
POLITICAL PARTIES
Party means either a political party or a
sectoral party or a coalition of parties.

When?
At any time except 105 days prior to a regular
election or 75 days prior to a special
election.

SECTORAL PARTY - an organized group


of citizens belonging to any of the sectors
enumerated in Sec. 5 hereof whose principal
advocacy pertains to the special interest and
concerns of their sector (Sec. 3, RA 7941).

Petition for exclusion


Who may file?
Any registered voter, representative of a
political party or the Election Officer.

COALITION - an aggrupation of duly


registered national, regional, sectoral parties
or organizations for political and/or election
purposes.

Form
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.
When?
a. At any time except 100 days prior to a
regular election or 65 days prior to special
election
b. COMELEC can annul an election
Jurisdiction in inclusion and
exclusion cases
1. Exclusive Original Jurisdiction: Municipal
or Metropolitan Trial Courts
2. Appeal:

Directly to the proper Regional Trial


Court within 5 days from receipt of notice.

The RTC shall decide the appeal


within 10 days from receipt.
ANNULMENT OF BOOK OF VOTERS
How?
Upon verified petition of any voter or election
officer or duly registered political party, and
after notice and hearing.

SECTORAL ORGANIZATION - a group


of citizens or a coalition of groups of citizens
who share similar physical attributes or
characteristics, employment, interests, or
concerns.
POLITICAL PARTY - Organized group of
citizens advocating an ideology or platform,
principles and policies for the general
conduct of government and which, as the
most immediate means of securing their
adoption, regularly nominates certain of its
leaders and members as candidates for
public office.
MUST first be duly registered with the
COMELEC before it can acquire juridical
personality.
Kinds of Political Parties:
National party constituency is spread
over the geographical territory of at least a
majority of the regions.
b. Regional party constituency is spread
over the geographical territory of at least a
a.

majority of the cities and provinces


comprising the region.

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
ninety (90) days before the election, a
petition verified by its president or secretary
stating its desire to participate in the partylist system as a national, regional or sectoral
party or organization or a coalition of such
parties or organizations. (Sec. 5, R.A. 7941).

TYPES OF POLITICAL PARTIES


1. Registered Parties:
a.
b.
c.
d.
e.

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.

2. Non-registered parties

a.
b.
c.
d.
e.

Criteria to Determine the Type of


Political Party
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.
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.
Political parties registered under the Partylist system shall be entitled to appoint poll
watchers in accordance with law (Sec. 8,
Art. IX-C, 1987 Constitution).
Sectors shall include labor, peasant, fisher
folks, urban poor, indigenous cultural
communities, elderly, handicapped, women,
youth, veterans, overseas workers, and
professionals (Sec. 4, RA 7941).
ELECTION OF PARTY-LIST SYSTEM:
The party-list system is a mechanism of
proportional representation in the election
of representatives to the House from
national, regional and sectoral parties or
organizations or coalitions thereof
registered with the COMELEC.(Sec. 3[a],
R.A. 7941).

1.

No votes cast in favor of political party,


organization or coalition shall be valid
except for those registered under the partylist system. (Sec. 7, Art. IX-C, 1987
Constitution).
2. Purposes:
To acquire juridical personality;
To entitle it to rights and privileges granted
to political parties; and
To participate in the party-list system.
3. Groups which cannot be registered as
political parties (Sec. 3, R.A. 7941):
a. Religious denominations or sects;
b. Those who seek to achieve their goals
through violence or unlawful means;
c. Those who refuse to uphold and adhere to
the Constitution; and
d. Those supported by foreign governments.
4. Grounds for cancellation of
registration (Sec. 6, R.A. 7941):
a. It is a religious sect or denomination,
organization or association organized for
religious purposes;
b. It advocates violence or unlawful means to
seek its goal;
c. It is a foreign party or organization;
d. It is receiving support from any foreign
government, foreign political party,
foundation, organization, whether directly
or through any of its officers or members or
indirectly through third parties for partisan
election purposes;
e. It violates or fails to comply with laws,
rules or regulations relating to elections;
f. It declares untruthful statements in its
petition;
g. It has ceased to exist for at least one (1)
year; or
h. It fails to participate in the last two (2)
preceding elections or fails to obtain at least
two percentum (2%) of the votes cast under
the party-list system in the two (2)
preceding elections for the constituency in
which it has registered.
ELECTION OF PARTY-LIST
REPRESENTATIVES

The
party-list
representatives
shall
constitute twenty per centum of the total
number of representatives including those
under the party-list. (Sec. 5[2], Art. VI. 1987,
Constitution).
Nomination of Party-List
Representatives:
Each registered party, organization or
coalition shall submit to the COMELEC not
later than forty-five (45) days before the
election a list of names, not less than five
(5), from which party-list representatives
shall be chosen in case it obtains the
required number of votes.
A person may be nominated in one (1) list
only.
Only person who have given their consent in
writing may be named in the list.
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.
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:
a. Nominee dies or
b. Withdraws in writing his nomination
c. Becomes incapacitated, in which case the
name of the substitute nominee shall be
placed last in the list
Incumbent sectoral representatives in the
House of Representatives who are
nominated in the party-list system shall not
be considered resigned.(Section 8, R.A.
7641).

1.
2.
3.

4.
5.

6.

Qualifications of Party-List
Representatives:
natural-born citizens of the Philippines;
a registered voter
a registered voter of the Philippines for a
period of not less than one (1) year
immediately preceding the day of the
election;
able to read and write;
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;
at least twenty (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 (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.(Section 9, R.A. 7941).

1.

2.

3.

4.
5.

6.
7.

8.

The guidelines for determining


whether party-list groups have
complied with the requirements of
law; (See also Ang Bagong Bayani-OFW
Labor Party v. COMELEC, G.R. Nos.
147589 and 147613, June 26, 2001).
The political party, sector, organization or
coalition must represent the marginalized
and the underrepresented groups identified
in Section 5 of R.A. 7941. Majority of its
membership should belong to the
marginalized and underrepresented;
While even major political parties are
expressly allowed by R.A. 7941 and the
Constitution, they must comply with the
declared statutory policy of Filipino citizens
belonging to marginalized and
underrepresented sectors to be elected to
the House of Representatives. Thus, they
must show that they represent the interest
of the marginalized and underrepresented;
Religious sector may nto be represented in
the party-list system; except that priests,
imams or pastors may be elected should
they represent not their religious sect but
the indigenous community sector;
A party or an organization must not be
disqualified under Sec. 6, R.A. 7941;
The party or organization must not be an
adjunct of, or a project organized or an
entity founded or assisted by, the
government;
The party, including its nominees must
comply with the qualification requirements
of Sec. 9, R.A. 7941;
Not only the candidate party or
organization must represent the
marginalized and underrepresented sectors,
so also must its nominees;
While lacking a well-defined political
constituency, the nominee must likewise be
able to contribute to the formation and
enactment of appropriate legislation that
will benefit the nation as a whole.
CERTIFICATE OF CANDIDACY
CANDIDATE: The
term "candidate" refers to any person
aspiring for or seeking an elective public
office, who has filed a certificate of
candidacy by himself or through an
accredited political party, aggroupment, or
coalition of parties [Sec. 79(a), B.P. 881].

Qualifications prescribed by law are


continuing requirements and must be
possessed for the duration of the officers
active tenure. Once any of the required

qualifications is lost, his title to the office


may be seasonably challenged. (Frivaldo v.
COMELEC, G.R. No. 87193, June 23, 1989];
(Labo, Jr. v. COMELEC, G.R. No. 86564,
August 1, 1989)

1.
2.

3.
4.

Rules on Filing of Certificates of


Candidacy
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.
Appointive officials; filing of certificate of
candidacy.
Under Section 13 of RA 9369, which
reiterates Section 66 of the Omnibus
Election Code, any person holding a public
appointive office or position, including active
members of the Armed Forces of
the Philippines, and officers and employees
in
government-owned
or
-controlled
corporations, shall be considered ipso facto
resigned from his office upon the filing of his
certificate of candidacy.
On the other hand, pursuant to Section
14 of RA 9006 or the Fair Election Act,
which repealed Section 67 of the Omnibus
Election Code and rendered ineffective
Section 11 of R.A. 8436 insofar as it
considered an elected official as resigned
only upon the start of the campaign period
corresponding to the positions for which
they are running, an elected official is not
deemed to have resigned from his office
upon the filing of his certificate of candidacy
for the same or any other elected office or
position. In fine, an elected official may run
for another position without forfeiting his
seat.

Section 4(a) of Resolution 8678, Section 66


of the Omnibus Election Code, and the
second proviso in the third paragraph of
Section 13 of RA 9369 are not violative of
the equal protection clause of the
Constitution and does not suffer from
overbreadth. (Quinto v.. Commission on
Elections, G.R. No. 189698, February 22,
2010)

This includes employees of GOCCs without


original charter.
Formal defects in certificate of candidacy,
such as lack of the required oath does not
annul the election of a candidate (De
Guzman v. Board of Canvassers, 48 Phil
211, [1926])
Failures to indicate in his certificate of
candidacy his precinct number and
particular barangay where he is a registered
voter is not a sufficient ground to disqualify
a candidate. It is enough that he is a
registered voter in the precinct where he
intends to vote which should be within the
district where he is running for
office (Jurilla v. COMELEC, G.R. No.
105435, June 2, 1994).
SUBSTITUTION OF CANDIDACY
The concept of substitution of candidacy
states that if after the last day for the filing
of certificates of candidacy, an official
candidate of a political party (1) dies, (2)
withdraws, or is (3) disqualified for any
cause a person belonging to, and certified
by, the same political party may file a
certificate of candidacy (COC) not later than
mid-day of election day to replace the
candidate who died, withdrew, or was
disqualified.
As to DEATH, a deceased candidate is
required to have duly filed valid COC,
otherwise his political party will not be
allowed to file a substitute candidate in his
stead.
As to WITHDRAWAL OF CANDIDACY, the
withdrawing candidate is required to have
duly filed a valid COC in order to allow his
political party to file a substitute candidate
in his stead.
The withdrawal of the withdrawal, for the
purpose of reviving the certificate of
candidacy, must be made within the period
provided by law for the filing of certificates
of candidacy.
There is nothing in Sec. 73, B.P. 881, which
mandates that the affidavit of withdrawal
must be filed with the same office where the
certificate of candidacy to be withdrawn was
filed. Thus, it can be filed directly with the:
1. main office of the COMELEC;
2. the office of the regional election director
concerned;

3. the office of the municipal election


supervisor of the province to which the
municipality belongs; or
4. the office of the municipal election officer
of the municipality.(Loreto-Go v.
COMELEC, G.R. No. 147741, May 10, 2001)
EFFECT OF FILING TWO (2)
CERTIFICATES OF CANDIDACY
Renders a candidate ineligible
for either position.
Withdrawal of one of the certificates at any
time before election renders him eligible for
election to the office sought in the
remaining certificate of candidacy.
Sec.73, B.P. 881 requires that the withdrawal
of one of the certificates must be made
through a sworn declaration filed with the
Commission before the deadline for the
filing of certificates of candidacy.
Effect if the winning candidate is not
qualified and cannot qualify for the office to
which he was elected: a permanent
vacancy is created.
As to DISQUALIFICATION, it does not
include those cases where the COC of the
person to be substituted has been denied
due course and canceled under Section 78 of
the Omnibus Election Code. While the law
enumerated the occasion where a candidate
may validly be substituted, there is no
mention of the case where a candidate is
excluded not only by disqualification but
also by denial and cancellation of his COC.
THEREFORE, a valid COC is likewise an
indispensable requisite in the case of a
substitution of a disqualified
candidate. (Miranda v. Abaya, G.R. No.
136351, July 28, 1999).
DISQUALIFICATIONS
1. Under the Omnibus Election Code:
a. Declared as incompetent or insane by
competent authority;
b. Convicted by final judgment for subversion,
insurrection, rebellion or any offense for
which he has been sentenced to a penalty of
18 months imprisonment;
c. Convicted by final judgment for a crime
involving moral turpitude;
Violation of B.P. 22
Violation of the Anti-Fencing Law
Direct bribery
d. Any person who is a permanent resident of
or immigrant to a foreign country
2. Election offenses under Sec 68 of the
Omnibus Election Code (OEC).

3.

Not possessing qualifications and


possessing disqualifications under the Local
Government Code:
a. 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;
Note: Those who have not served their
sentence by reason of the grant of probation,
which should not be equated with service of
sentence, should not be disqualified from
running for a local elective office because
the two-year period of ineligibility does not
even begin to run.(Moreno v. COMELEC,
G.R. No. 168550, Aug. 10, 2006).
b. Removed from office as a result of an
administrative case;
c.

Convicted by final judgment for violating


the oath of allegiance to the Republic;

d. Dual citizenship (more specifically, dual


allegiance);
e.

Fugitives from justice in criminal or nonpolitical cases here or abroad;


Note: A fugitive from justice includes not
only those who flee after conviction to avoid
punishment, but likewise those who, after
being charged, flee to avoid
prosecution. (Marquez v. COMELEC, G.R.
No. 127318, April 25, 1999.)

f.

Permanent residents in a foreign country or


those who have acquired the right to reside
abroad and continue to avail of the same
right;
Note: Green Card is ample evidence to
show that the person is an immigrant to, or
a permanent resident of, the United States
of America. (Caasi v. CA, G.R. No. 88831,
Nov. 8, 1990).

g. Insane or feeble-minded.
4.
5.

Nuisance candidate;
Violation of Sec. 73 of OEC with regard to
certificate of candidacy; and
6. Violation of Sec. 78 which is material
misrepresentation of requirements under
Sec. 74.
DIFFERENT TYPES OF ELECTION
DISPUTES

c.

a.
a.

Pre-election disputes
Petition for Disqualification
b. Petition to Deny Due Course or to
Cancel a Certificate of Candidacy

c. Petition to Declare a Nuisance Candidate


b. Pre-proclamation controversies
disputes concerning questions pertaining to:
a. The proceedings before the board of
canvassers; or
b. The preparation, transmission, receipt,
custody and appreciation of election returns
Post election disputes
a. Election protest
b. Quo warranto
c. Criminal prosecution
PRE-ELECTION DISPUTES
a. Petition for Disqualification is the
remedy against any candidate who does not
possess all the qualifications required by the
Constitution or law, or who commits any act
declared by law to be grounds for
disqualification.
When to file: The petition may be filed
after the filing of COC but not later than the
date of proclamation.
Effects of Disqualification of
Candidates:
Any candidate who has been declared by
final judgment to be disqualified shall not be
voted for, and the votes cast for him shall
not be counted. If for any reason a candidate
is not declared by final judgment before an
election to be disqualified and he is voted
for and receives the winning number of
votes in such election, the Court or
Commission shall continue with the trial
and hearing of the action, inquiry, or protest
and, upon motion of the complainant or any
intervenor, may during the pendency
thereof order the suspension of the
proclamation of such candidate whenever
the evidence of his guilt is strong (R.A.
6646, Sec. 6).
Note that the COMELEC can suspend
proclamation only when evidence of the
winning candidates guilt is strong (Codilla,
Sr. v. De Venecia, et. al., G.R. No. 150605,
Dec. 10, 2002).
The use of the word may indicates that the
suspension of the proclamation is merely
permissive. If the COMELEC does not find
any sufficient ground to suspend
proclamation, then a proclamation may be

made. (Grego v. COMELEC, G.R. No.


125955, June 19, 1997)
It is incorrect to say that since a candidate has
been disqualified, the votes intended for the
disqualified candidate should in effect, be
null and void. This would amount to
disenfranchising the electorate in whom
sovereignty reside. (Ortega v. COMELEC,
G.R. No. 105111, July 3, 1992).

The ineligibility of a candidate receiving


majority votes does not entitle the eligible
candidate receiving the next highest number
of votes to be declared elected (Labo, Jr. v.
COMELEC, G.R. Nos. 105111 and 105384,
July 3, 1992).
Exceptions:
1. The one who obtained the highest number
of votes is disqualified; AND
2. The electorate is fully aware in fact and in
law of the candidates disqualification so as
to bring such awareness within the realm of
notoriety but would nonetheless cast their
votes in favor of the ineligible
candidate. (Grego v. COMELEC, G.R. No.
125955, June 19, 1997)
Jurisdiction: While the COMELEC is
vested with the power to declare valid or
invalid a certificate of candidacy, its refusal
to exercise that power following the
proclamation and assumption of the
position by Farinas is recognition of the
jurisdictional boundaries separating the
COMELEC and the Electoral Tribunal of the
House of Representatives (HRET). Under
Article VI, Section 17 of the Constitution, the
HRET has sole and exclusive jurisdiction
over all contests relative to the election,
returns, and qualifications of members of
the House of Representatives. Thus, once a
winning candidate has been proclaimed,
taken his oath, and assumed office as a
member of the House of Representatives,
COMELECs jurisdiction over election
contests relating to his election, returns, and
qualifications ends, and the HRETs own
jurisdiction begins. Thus, the COMELECs
decision to discontinue exercising
jurisdiction over the case is justifiable, in
deference to the HRETs own jurisdiction
and functions (Guerrero v. COMELEC, G.R.
No. 137004,[July 26, 2000).
COMELEC Resolution No. 2050
If a complaint is filed with the
COMELEC against a candidate who has
already been proclaimed winner, charging
an election offense under Sec. 261 of the
Omnibus Election Code, as amended by
Republic Act nos. 6646 and 8436 and
praying for the disqualification of the said

candidate, the COMELEC shall determine


the existence of probable cause for the filing
of an Information against the candidate for
the election offense charged.

Jurisdiction: over the petition lies with


the COMELEC in division, not with the
COMELEC en banc (Garvida v. Sales, G.R.
No. 122872, Sept. 10, 1997).

However, if the COMELEC finds no


probable cause, it is mandated to dismiss
the complaint for the disqualification of the
candidate.

c. Petition to Declare a Nuisance


Candidate COMELEC may motu
proprio or upon petition of an interested
party, refuse to give due course to or cancel
a certificate of candidacy if shown that said
certificate was filed to:
1. Put the election process in mockery or
disrepute;
2. Cause confusion among the voters by the
similarity of the names of the registered
candidates; and
3. By other circumstances or acts clearly
demonstrating that the candidate has
no bona fide intention to run and thus
prevent a faithful determination of the true
will of the electorate.

If the COMELEC finds that there is probable


cause, it shall order its Law Department to
file the appropriate Information with the
RTC which has territorial jurisdiction over
the offense, but shall, nonetheless, order the
dismissal of the complaint for
disqualification, without prejudice to the
outcome of the criminal case.
If the trial court finds the accused guilty
beyond reasonable doubt of the offense
charged, it shall also order his
disqualification pursuant to Sec. 264 of the
Omnibus Election Code, as amended by
amended by Section 46 of Republic Act No.
8189 (Albana, Et. Al. v. COMELEC, Et. Al.,
G.R. No. 163302, July 23, 2004).
b. Petition to Deny Due Course or to Cancel
a Certificate of Candidacy the COMELEC,
upon proper petition may cancel a
certificate of candidacy on the ground that
any material representation contained
therein as required under Section 74 of the
B.P. 881 is false (Sec. 78, B.P. 881), provided
that:
The false representation pertains to material
matter affecting substantive rights of a
candidate; and
The false representation must consist of
deliberate attempt to mislead, misinform, or
hide a fact which would otherwise render a
candidate ineligible. (Salcedo II v.
COMELEC, G.R. No. L-16835, July 26,
1960)

The proclamation of the winning candidate


renders moot and academic a motion for
reconsideration filed by a candidate who
had been earlier declared by the COMELEC
to be a nuisance candidate (Garcia v.
COMELEC, G.R. 121139, July 12, 1996)
PRE-PROCLAMATION
CONTROVERSIES
Refers any question pertaining to or affecting
the proceedings of the Board which may be
raised by any candidate or by any registered
political party or coalition of parties before
the board or directly with the COMELEC.
Also refers to any matter raised under Secs.
233, 234, 235 and 236 relating to the
preparation, transmission, receipt, custody
and appreciation of the election
returns (Sec. 241, B.P. 881).

When Pre-Proclamation Cases Not


Allowed

These two requirements must concur to


warrant the cancellation of the certificate of
candidacy.
When to file:
The petition may be filed not later than 25
days from the filing of the certificate of
candidacy.
It shall be decided not later than 15 days
before the election, after due notice and
hearing.

1.
2.
3.
4.

General Rule: 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 of:
President
Vice-President
Senator
Member of the House of Representatives
Exceptions:

1.

Determination of the authenticity and due


execution of certificates of canvass as
provided in Sec. 30, R.A. 7166, as amended
by R.A. 9369;
2. Correction of manifest errors in the
certificate of canvass or election return; and
3. Matters relating to the composition or
proceedings of the Board of Canvassers

ballot box and recount the votes of the


candidates affected.
The election returns were prepared
under duress, threats, coercion, or
intimidation, or they are obviously
manufactured or not authentic; and
When substitute or fraudulent returns in
controverted polling places were canvassed,
the results of which materially affected the
standing of the aggrieved candidate or
candidates.

COMELEC Jurisdiction: The COMELEC


has exclusive jurisdiction over preproclamation cases.
Note: COMELEC is with authority to annul
any canvass and proclamation illegally
made. The fact that a candidate illegally
proclaimed has assumed office is not a bar
to the exercise of such power. It is also true
that as a general rule, the proper remedy
after the proclamation of the winning
candidate for the position contested would
be to file a regular election protest or quo
warranto. This rule, however, admits of
exceptions and one of those is where the
proclamation was null and void. In such a
case, the proclaimed candidates assumption
of office cannot deprive the COMELEC of
the power to declare such proclamation a
nullity. (Raymond P. Espidol v. COMELEC,
et. al., G.R. No. 164922, Oct. 11, 2005).
Issues Which May Be Raised in PreProclamation Controversies:
Illegal composition or proceedings of the
Board of Canvassers;
By participating in the proceedings, the
petitioner is deemed to have acquiesced in
the composition of the board of canvassers.
A petition based on illegal composition of
the board of canvassers should be filed
immediately when the Board begins to act. A
petition filed 5 days after proclamation is
filed out of time (Laodenio v. COMELEC,
G.R. No. 122391, August 7, 1997).
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;
While the duty of the Board of Canvassers is
ministerial and, as a general rule, it may not
inquire into the issues beyond the election
return, the situation contemplated in Secs.
234, 235 and 236 allow the Board of
Canvassers to order the opening of the

When Pre-Proclamation Cases are


deemed TERMINATED (under RA
7166)
General Rule: All pre-proclamation cases
pending before the COMELEC shall be
deemed terminated at the beginning of the
term of the officer involved and the rulings
of the boards of canvassers concerned
deemed affirmed.
This is without prejudice to the filing of a
regular election protest by the aggrieved
party.
Exceptions:
The COMELEC determines that the
petition is meritorious and issues an order
for the proceedings to continue; or
2. The Supreme Court issues an order for the
proceedings to continue in a petition
for certiorari.
1.

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.
PROCEDURE:
Commencement of pre-proclamation
controversy - questions affecting the
composition or proceedings of the board of
canvassers may be initiated in the board or
directly with the Commission. However,
matters 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, and the certificates of
canvass shall be brought in the first instance
before the board of canvassers only. (Sec.
17, R.A. 7166).
2. Summary disposition of preproclamation controversies - All pre1.

proclamation controversies on election


returns or certificates of canvass shall, on
the basis of the records and evidence
elevated to it by the board of canvassers, be
disposed of summarily by the Commission
within seven (7) days from receipt thereof.
Its decisions shall be executory after the
lapse of seven (7) days for receipts by the
losing party of the decision of the
Commission. (Sec. 18, R.A. 7166).
3. Disposition of contested election
return. (Sec. 20, R.A. 7166).
4. Partial proclamation Notwithstanding the pendency of any preproclamation controversy, the Commission
may summarily order the proclamation of
other winning candidates whose election
will not be affected by the outcome of the
controversy. (Sec. 21, R.A. 7166).
Doctrine of Statistical
Improbability It appearing therein that contrary to all
statistical probabilities in the first set, in
each precinct the number of registered
voters equalled the number of ballots and
the number of votes reportedly cast and
tallied for each and every candidate of
the Liberal Party, the party in power;
whereas, all the candidates of the
Nacionalista Party got exactly zero; and in
the second set, again contrary to all
statistical probabilities all the reported votes
were for candidates of the Liberal Party, all
of whom were credited with exactly the
same number of votes in each precinct,
ranging from 240 in one precinct to 650 in
another precinct; whereas, all the
candidates of the Nacionalista Party were
given exactly zero in all said precincts.
We opined that the election result to said
precincts as reported was utterly
improbable and clearly incredible. x x x
These returns were obviously false or
fabricated. x x x that the returns show
"prima facie" that they do not reflect true
and valid reports of regular
voting (Lagumbay v. COMELEC, L-25444,
January 31, 1966).
Where the objections to the inclusion of the
election returns are directed primarily at the
ballots reflected in the returns, the issue
involves appreciation of ballots and cannot
be raised in a pre-proclamation
controversy. (Patoray v. COMELEC, G.R.
No. 120823, October 24, 1995).
The technical examination of the signatures
and thumb marks of the voters runs counter

to the nature and scope of a preproclamation contest; the remedy is to raise


these issues in an election contest.
(Balindong v. COMELEC G.R. Nos. 15399192, October 16, 2003).
Padding of the Registry List of Voters of a
municipality is not a listed ground for a preproclamation controversy (Ututalum v.
COMELEC, G.R. No. 84843-44, January
22, 1990).
Because the petitioner had already been
proclaimed, had taken his oath and had
assumed his duties as Member, House of
Representatives, the issue of invalidity of his
proclamation and irregularities connected
therewith, is a matter properly addressed to
the House of Representatives Electoral
Tribunal(Lazatin v. COMELEC, G.R. No.
80007, January 25, 1988).
The filing with the COMELEC of a petition to
annul or to suspend proclamation shall
suspend the running of the period to file an
election protest (Tan v. COMELEC, G.R.
Nos. 166143-47. November 20, 2006).
POST ELECTION DISPUTES OR
ELECTION CONTESTS
Any matter involving title or claim of title to
an elective office, made before or after the
proclamation of the winner, whether or not
contestant is claiming office in dispute.
Election contests involve public interest, and
technicalities and procedural barriers must
yield if they constitute an obstacle to the
determination of the true will of the
electorate in the choice of their elective
officials. The Court frowns upon any
interpretation of the law that would hinder
in any way not only the free and intelligent
casting of the votes in an election but also
the correct ascertainment of the
results(OHara v. COMELEC, G.R. No.
139008. March 13, 2002).
1.
a.
b.
c.
d.
e.
f.
2.

Jurisdiction over Election Contests


Original and Exclusive
President/Vice-President Supreme
Court en banc
Senator Senate Electoral Tribunal
Representatives House of
Representatives Electoral Tribunal
Regional/Provincial/City COMELEC
Municipality Regional Trial Court
Barangay/SK Municipal Trial Court
Appellate Jurisdiction

a.

From decisions of the RTC and MTC


appeal exclusively to COMELEC,
decisions shall be final and executory.
b. From decisions of COMELEC petition
for review by certiorari filed with the
Supreme Court within 30 days on the
ground of grave abuse of discretion
amounting to lack of or in excess of
jurisdiction or violation of due process.
c. From decisions of the Electoral Tribunal
petition for review by certiorari filed
with Supreme Court on the ground of grave
abuse of discretion amounting to lack of or
in excess of jurisdiction or violation of due
process.
In the exercise of its exclusive appellate
jurisdiction, the COMELEC has the power to
issue writs of prohibition, mandamus, or
certiorari, because of the last paragraph of
Sec. 50, B.P. 881 (Relampagos v. Cumba,
G.R. No. 118861, April 27, 1995).

judi
cial
due
pro
cess
.
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 preproclamation controversy and becomes an
election contest cognizable by the RTC.
However, in some cases, the Supreme Court
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.
ACTIONS THAT MAY BE FILED

Distinctions between PreProclamation Controversy and


Election Contest

a. Election Protest

A contest between the defeated and


winning candidates based on grounds of
election frauds or irregularities.

Can only be filed by a candidate who


has filed a certificate of candidacy and has
been voted for.

Dividing line: Proclamation of a


candidate
Jurisdiction
Pre-Proclamation Controversy

Jurisdiction of COMELEC is
administrative / quasi-judicial.

Governed by requirements
of

administrative due
process.

Ele
cti
on
Co
nte
st
Juri
sdic
tion
of
CO
ME
LE
C is
judi
cial.
Gov
ern
ed
by
the
req
uire
me
nts
of

1.
2.
a.
b.
c.
d.

Requisites:
Filed by any candidate who has filed a
certificate of candidacy and voted for the
same office.
On grounds of
fraud
terrorism
irregularities or
illegal acts committed before, during or
after casting and counting of votes.
Time to file: within 10 days from
proclamation of results of election.

An order regarding the revision of ballots is an


interlocutory order because it still requires a
party to perform certain acts leading to the
final adjudication of the case (Bulaong v.
COMELEC G.R. No. 107987, March 31,
1993).
As a general rule, the filing of an election
protest or quo warranto precludes the
subsequent filing of a pre-proclamation
controversy or amounts to an abandonment
of one earlier filed(Samad v. COMELEC,
G.R. No. 107854, July 16, 1993).

b. Quo Warranto

Refers to questions of disloyalty or


ineligibility of the winning candidate; a
proceeding to unseat the ineligible person
from office but not to install the protestant
in his place; may be filed by any voter.

1.
2.
a.
b.

Requisites:
Filed by a registered voter
On grounds of
ineligibility or
disloyalty to the Republic;

1.

Time to file: within 10 days from


proclamation of results of election.

4.

N.B.: The 2 remedies (Election Protest


and Quo Warranto) may not be joined in
one petition.
Election
Protest
Strictly a contest
between the
defeated and
winning
candidates,
based on grounds
of election frauds
or irregularities,
as to who
actually obtained
the majority of
the legal votes
and therefore is
entitled to hold
the office.
Can only be filed
by a candidate
who has duly
filed a certificate
of candidacy and
has been voted
for.
A protestee may
be ousted and the
protestant seated
in the office
vacated.

Quo Warranto
Refers to questions
of disloyalty or
ineligibility of the
winning candidate.
It is a proceeding to
unseat the
ineligible person
from office, but not
to install the
protestant in his
place.

Can be filed by any


voter. It is for this
reason that it is not
considered a
contest where the
parties strive for
supremacy.
While the
respondent may be
unseated, the
petitioner will not
be seated. (Luison
v. Garcia, G.R. No.
L-10981, April 25,
1958

Award of Damages Actual or


compensatory damages may be granted in
all election contests or in quo
warranto proceedings.
General Rule: The filing of an election
protest or quo warranto PRECLUDES the

2.
3.

5.

subsequent filing of a pre-proclamation


controversy or amounts to an abandonment
of one earlier filed, thus depriving the
COMELEC of the authority to inquire into
and pass upon the title of the protestee or
the validity of his proclamation.
Exceptions:
The Board of Canvassers was improperly
constituted.
Quo warranto is not the proper remedy.
What was filed was not really a petition for
quo warranto or an election protest but a
petition to annul a proclamation.
The filing of an election contest was
expressly made without prejudice to the preproclamation controversy, or was made ad
cautelam.
The proclamation was null and
void (Dumayas, Jr. v. COMELEC, G.R. No.
141952-53, April 20, 2001).

The death of the protestant does not


extinguish an election protest. Election
protest is imbued with public interest which
raises it onto a plane over and above
ordinary civil actions, because it involves
only the adjudication of the private interest
of the rival candidates but also 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
within their gift (De Castro v.
COMELEC, G.R. No. 125249, February 7,
1997).
The widow of the protestant has no status of
real party in interest to substitute or
intervene for the latter who died during the
pendency of the election protest. (Poe v.
Arroyo, P.E.T. Case No. 002, March 29,
2005).
ELECTION CAMPAIGN / PARTISAN
POLITICAL ACTIVITY
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 which shall include:
1. 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;
2. 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;
3. Making speeches, announcements or
commentaries, or holding interviews for or
against the election of any candidate for
public office;
4. Publishing or distributing campaign
literature or materials designed to support
or oppose the election of any candidate; or
5. Directly or indirectly soliciting votes,
pledges or support for or against a
candidate (Sec. 79[b], B.P. 881)
Any person, including officers and employees
in civil service, which shall be understood to
include officers and employees of GOCCs,
are not prevented from expressing his views
on current political problems or issues or,
from mentioning names of candidates for
public office, which he supports.

1.

2.
3.

4.

5.

Lawful Election Propaganda under


the Fair Election Act
Pamphlets, leaflets, cards, decals, stickers,
or other written or printed materials the size
of which does not exceed eight and one-half
inches in width and fourteen inches in
length.
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, whether
framed or posted, with an area not
exceeding 2 feet by 3 feet, except that, at the
site and on the occasion of a public meeting
or rally, or in announcing the holding of said
meeting or rally, streamers not exceeding 3
feet by 8 feet in size, shall beallowed: Provided, That said streamers may
be displayed 5 days before the date of the
meeting or rally and shall be removed
within 24 hours after said meeting or rally.
Paid advertisements in print or broadcast
media: Provided, that the advertisements
shall follow the requirements set forth in
Sec. 4 of Fair Election Act.
All other forms of election propaganda not
prohibited by the Omnibus Election Code or
Fair Election Act (Sec. 3, R.A. 9006,).
Prohibited Forms of Election
Propaganda (RA 9006, Sec. 10)
The prohibition against certain forms of
election propaganda was upheld as a valid
exercise of police power, to prevent the
perversion and prostitution of the electoral
apparatus, and of the denial of the due
process of law (Badoy v. COMELEC 35
SCRA 285 [1970]).

Important Features of Fair Election


Act (RA 9006): Repeal of Sec. 67 of the
OEC
Now, any ELECTIVE official, whether
national or local, running for any office
other than the one which he is holding in a
permanent capacity shallnot be
considered ipso facto resigned from his
office upon the filing of his certificate of
candidacy.

1.
a.
b.
c.
2.

ELECTION EXPENSES
Limitations
For candidates:
President and Vice-President = P10/voter;
Other candidates, if with party = P3/voter;
Other candidates, if without party =
P5/voter.
For political parties = P5/voter.
Statement of Contribution and Expenses
Every candidate and treasurer of political
party shall, within 30 days after the day of
election, file with the COMELEC the full,
true and itemized statement of all
contributions connected with election (R.A.
7166, Sec. 14).
BOARD OF ELECTION INSPECTORS

Composition of Board of Election


Inspectors (BEI)
a. Chairman
b. 2 members
1.
2.
3.
4.
5.
6.

Qualifications
All must be public school teachers.
Must be of good moral character and
irreproachable reputation.
Registered voters of the city or
municipality.
Have never been convicted of election
offense or crime punishable by more that 6
months imprisonment.
No pending information for an election
offense.
Must be able to speak and write English or
the local dialect.

Disqualification of BEI
Must not be related within the 4th civil
degree of consanguinity or affinity to any
member of the BEI or to any candidate to be
voted for in the polling place.
2. Must not engage in any partisan political
activity.
1.

Powers of the BEI


1. Conduct the voting and counting of votes.

2.
3.
4.
5.
6.

Acts as deputies of COMELEC in the


supervision and control of election.
Maintain order within the polling place
and its premises.
To keep access thereto open and
unobstructed.
To enforce obedience with its lawful
orders.
Perform other functions prescribed.

Proceedings of BEI
1. Meetings of the BEI shall be public and
held only in the authorized polling place.
2. BEI has authority to maintain order within
the polling place and its premises, to keep
access thereto open and unobstructed and to
enforce obedience to its lawful orders.

4.

Marked ballots contain signs or marks


intended to identify ballot.
Kinds:
a. Containing impertinent expressions;
b. Containing drawings, identical features and
characteristics;
c. Containing names of important
personages; and
d. Containing common and qualifying
expressions, which are patently irrelevant.
5. Submarine Ballots those prepared, under
a system of election frauds, by persons other
than the real voters.

a.

WATCHERS
(Sec. 178 of B.P. 881 as amended by
Sec. 26 of RA 7166)

2.
3.
4.
5.

1.
2.
3.
4.
5.

Qualifications
1. Voter of city or municipality.
Good reputation.
Not have been convicted of any election
offense of any kind.
Know how to read and write.
Not related within 4th civil degree of
consanguinity or affinity to any member of
BEI.
Rights and Duties of Watchers
Stay in the space reserved for them inside
the polling place.
Witness and inform themselves of the
proceedings of the BEI.
Take notes and photographs of
proceedings.
File protests against any irregularity or
violation of law.
Be furnished with the certificate of the
number of votes cast for each candidate,
duly signed and thumb marked by the
members of the BEI.

KINDS OF BALLOTS
1. Official Ballots
2. Emergency Ballots - used when official
ballots were not received on time or not
sufficient for all registered voters or
destroyed at such time as shall render it
impossible to replace them, in which cases,
the city/municipal treasurer concerned shall
procure from any available source which
shall be similar to official ones.
3. Excess Ballots found in ballot box which
exceed number of registered voters who cast
their votes.

b.

c.

d.

e.
f.

g.
h.

RULES IN APPRECIATION of
BALLOTS
Idem sonam a name or surname
incorrectly written which when read has a
sound similar to the name or surname of a
candidate when correctly written shall be
counted in his favor.
When 2 or more words written on the same
line all of which are the surname of 2 or
more candidates, it shall not be counted for
any of them unless 1 is a surname of an
incumbent who has served for at least 1 year
in which case it shall be counted in favor of
the latter (equity of the incumbent).
When a single word is written which is the
first name of a candidate at the same time
the surname of another, the vote shall be
counted in favor of the latter.
When 2 words are written on the ballot, one
of which is the 1st name of the candidate and
the other is the surname of his opponent,
the vote shall not be counted for either.
Ballots containing prefixes such as Sr.,
Mr., Datu, Don are valid.
Nicknames and appellations if
accompanied by the 1st name or surname of
the candidate are valid EXCEPT when they
are used as a means to identify the voter.
If the candidates voted for exceeded the
number of those to be voted for, the ballot is
valid.
If it cannot be determined, considered as
STRAY VOTE

Appreciation of ballots is a function of the


BEI, not of the Board of
Canvassers (Sanchez v. COMELEC, 153
SCRA 67 [1987])
In appreciating a ballot, the object should be
to ascertain and carry into effect the
intention of the voter if it can be determined
with reasonable certainty. Thus, the name of
the candidate preceded by the words Bo.
Barangay should be interpreted to mean
Po. (or Punong) Barangay, and should be

counted for the candidate. (Bautista v.


Castro, 206 SCRA 305 [1992]).
The ineligibility of a candidate receiving
majority votes does not entitle the eligible
candidate receiving the next highest number
of votes to be declared elected. The votes
intended for the disqualified candidate
should not be considered null and void, as it
would amount to disenfranchising the
electorate in whom sovereignty
resides. (Albana, et al., v. COMELEC, G.R.
No. 163302, July 23, 2004)
There must be a final judgment before the
election in order that the votes of a
disqualified candidate can be considered
stray, the obvious rationale behind the
foregoing ruling is the people voted for
him bona fide, without any intention to
misapply their franchise, and in the honest
belief that the candidate was then qualified
to be the person to whom they would
entrust the exercise of the powers of
government (Pablo Ocampo v. HRET, G.R.
No. 158466. June 15, 2004).
CANVASS AND PROCLAMATION

a.

b.

c.

d.

CANVASSING BY THE BOARD OF


CANVASSERS
Composition
Provincial A Provincial Election
Supervisor or a Senior Lawyer in the
Regional Office of COMELEC as Chairman,
the Provincial Fiscal as Vice-Chairman and
the Provincial Superintendent of Schools
and one representative from each ruling
party as members.
City the City Election Registrar or a
Lawyer of COMELEC as Chairman, the City
Fiscal and the City Superintendent of
Schools and one representative from each
ruling party and the dominant opposition
political party as members.
District a Lawyer of COMELEC as
Chairman and a Ranking Fiscal in the
district and the most senior district School
Supervisor to be appointed and one
representative from each ruling party and
the dominant opposition political party as
members.
Municipal The Election Registrar or a
representative of COMELEC as Chairman,
the Municipal Treasurer and the District
Supervisor or in his absence, any Public
School Principal and one representative
from each ruling party and the dominant
opposition political party as members.

Powers & Duty of Board of Canvassers


a. To meet immediately after the election and
to count the votes cast for the candidate
from the election returns submitted to it.
b. It is empowered to accept as correct those
returns which are in due form and to
ascertain and declare the result as it appears
therefrom.
c. The Board of Canvassers is a ministerial
body. Its powers are limited generally to the
mechanical or mathematical function of
ascertaining and declaring the apparent
result of the election by adding or compiling
the votes cast for each candidate and then
declaring or certifying the result so
ascertained.
d. Prepares the Statement of Votes, which I.D.
tabulation per precinct of the votes obtained
by the candidates as reflected in the election
returns.
It is the Statement of Votes which form the
basis of the Certificate of Canvass and of
proclamation.
The COMELEC shall have direct control and
supervision over the board of canvassers.
By conducting such unofficial tabulation
of the results of the election, the COMELEC
descends to the level of a private
organization, spending public funds for the
purpose. Besides, it is absurd for the
COMELEC to conduct two kinds of electoral
counts a slow but official count, and an
alleged quicker but unofficial count, the
results of each may substantially differ. This
not only violates the exclusive prerogative of
NAMFREL to conduct an unofficial count,
but also taints the integrity of the envelopes
containing the election returns, as well as
the returns themselves, by creating a gap in
its chain of custody from the Board of
Election Inspectors to the COMELEC. Thus,
if the COMELEC is proscribed from
conducting an official canvass of the votes
cast for the President and Vice-President,
the COMELEC is, with more reason,
prohibited from making an unofficial
canvass of said votes (Brillantes v.
COMELEC, G.R. No. 163193, June 15,
2004).
Nature of Proceedings: Canvass of
Proceedings is administrative and summary
in nature.
A majority vote of all the members of the
board shall be necessary to render
decision (B.P. 881, Sec.225).
PROCLAMATION
Canvassing completed ONLY after the
completion of the canvass, separate

statements of all the votes received AND the


proclamation of winners. After the
proclamation, the existence of the Board is
terminated.
Incomplete canvass of votes is illegal and
cannot be made the basis of proclamation.
A canvas cannot be reflective of the true vote
unless all returns are considered and none
are omitted.
Where a proclamation is null and void, the
proclaimed candidates assumption of office
cannot deprive the COMELEC of the power
to declare such a proclamation a
nullity (Utto v. COMELEC G.R. No. 150111,
January 31, 2002).
No law provides for a reglementary period
within which to file a petition for annulment
of election if there is, as yet, no
proclamation. (Loong v. COMELEC, 257
SCRA 1 [1996]).
COMELEC Jurisdiction
EXCLUSIVE Jurisdiction on ALL preproclamation controversies
RECOUNT OF VOTES
Upon proper petition, the COMELEC
may order the recount of votes in the
specific precincts when the following
requisites are present:
1. Grounds for recount:
a. Omission of the name of a candidate
and/or his votes in the election returns
which cannot be ascertained by any other
means under Sec 234 of the OEC.
b. All copies of the election returns are
tampered with or falsified under Sec 235 of
the OEC
c. Material discrepancies in all of the election
returns in the votes of a candidate in words
and figures, under Sec 236.
2. The election returns involved will affect the
result of the election
3. The integrity of the ballot has been
preserved.
A proceeding for recount is summary in
character and merely consists in
mathematical counting of the votes received
by each candidate. It does not involve any
appreciation of the ballots or the
determination of their validity as required in
an election contest.

2.

Wagering of results.
Note: Any money or thing of value put up
as a bet or wager shall be forfeited in favor
of the Government.

3.

Threats, intimidation, terrorism, use of


fraudulent device or other forms of
coercion.

4.

Appointment of new employees (except in


case of urgent need, with notice given to the
COMELEC within three days from the
appointment), creation of new positions,
promotion or giving salary increases 45 days
before a regular election and 30 days before
a special election EXCEPTwhen so
authorized.

5.

Carrying of deadly weapons within a radius


of 100 meters from the precincts.
Note: It is not necessary that the deadly
weapon be seized from the accused while he
was in the precinct or within a radius of 100
meters therefrom; it is enough that the
accused carried a deadly weapon within the
prohibited radius during any of the days and
hours specified in the law. (Mappala v.
Judge Nunez, A.M. No. RTJ-94-1208, Jan.
26, 1995).
6. Transfer or detail of government
officials/employees without COMELEC
approval.
Note: To prove violation, two elements
must concur:
a. The fact of transfer or detail within the
election period as fixed by COMELEC; and
b. The transfer or detail was made without
prior approval of the COMELEC in
accordance with its implementing rules and
regulations. (People v. Reyes, G.R. No.
115022, Aug. 14, 1995).
Note: The transfer or detail of government
officer or employee will not be penalized if
done to promote efficiency in the
government service. (People v. Reyes,
supra).
7.

Printing of official ballots and election


returns by any printing establishment which
is not under contract with the COMELEC.

8.

Any member of the BEI or BOC who


tampers, increases, or decreases the votes
received by a candidate in any election or
any member of the board who refuses, after
proper verification and hearing, to credit the
correct votes or deduct such tampered votes.

9.

Refusal to issue to duly accredited


watchers the certificate of voters.

ELECTION OFFENSES
Prohibited Acts (BP 881 and RA 6646)
1. Vote-buying or vote selling.

10. Violation of the rules regarding prohibited


forms of election propaganda;
11. Any chairman of the board of canvassers
who fails to give notice of meetings to other
members of the board, candidate or political
party as required under Sec. 23 hereof.
12. Any person declared a nuisance or
disqualified candidate who continues to
misrepresent himself out, as a candidate.
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 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 any one or the public in general
to vote for or against any candidate or
withhold his vote in the election.
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 VoteBuying/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 relate. 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.
COERCION OF A SUBORDINATE
A. Who are liable?
1.
Public officer
2.
Officer of a public/private
corporation/association
3.
Heads/superior/administrator
of any religious organization
4.
Employer/landowner
B. Prohibited Acts
1. Coercing, intimidating or compelling or
influencing, in any manner, any
subordinates, members, parishioners or
employees or house helpers, tenants,
overseers, farm helpers, tillers or lease
holders to aid, campaign or vote for or
against a candidate or aspirant for the
nomination or selection of candidates.
2. Dismissing or threatening to dismiss,
punishing or threatening to punish by
reducing salary, wage or compensation or by
demotion, transfer, suspension etc.

APPOINTMENT OF NEW
EMPLOYEES, CREATION OF NEW
POSITION, PROMOTION OR GIVING
SALARY INCREASES
A. Who are liable?
Any head/official/appointing officer of a
government office, agency or
instrumentality, whether national or local,
including GOCCs.
B. Prohibited Acts:
1. Appointing or hiring a new employee
(provisional, temporary or casual);
2. Creating or filling any new position;
3. Promoting/giving an increase in salary,
remuneration or privilege to any
government official or employee.
C. Period when Acts are Prohibited
1. 45 days before a regular election
2. 30 days before a special election
D. Exceptions

1.

Upon prior authority of COMELEC if it is


satisfied that the position to be filled is
essential to the proper functioning of the
office/agency concerned and that the
position is not filled in a manner that may
influence the election.
2. In case of urgent need, a new employee
may be appointed. Notice of appointment
should be given to COMELEC within 3 days
from appointment.
PROHIBITION AGAINST RELEASE,
DISBURSEMENT OR EXPENDITURE
OF PUBLIC FUNDS
A. Who can be held liable?
Any public official or employee including
barangay officials and those of
GOCCs/subsidiaries.
B. Prohibited Acts
The release, disbursement or
expenditure of public funds for any and
other kinds of public works.
C. Period when Acts are Prohibited
1. 45 days before a regular election
2. 30 days before a special election
D. Exceptions
1. Maintenance of existing/completed public
works project.
2. Work undertaken by contract through
public bidding or by negotiated contract
awarded before the 45 day period before
election.
3. Payment for the usual cooperation for
working drawings, specifications and other
procedures preparatory to actual
construction including the purchase of
material and equipment and incidental
expenses for wages.
4. Emergency work necessitated by the
occurrence of a public calamity but such
work shall be limited to the restoration of
the damaged facility.
5. Ongoing public work projects commenced
before the campaign period or similar
projects under foreign agreements.
SUSPENSION OF ELECTIVE,
PROVINCIAL, CITY, MUNICIPAL OR
BARANGAY OFFICER
General Rule: Public
official CANNOT suspend any of the
officers enumerated above during the
election period.
1.

Exceptions:
With prior approval of COMELEC.

2.

Suspension is for the purpose of applying


the Anti-Graft and Corrupt Practices Act.

a.

Violations In relation to registration of


voters/voting
Unjustifiable refusal to register and vote.
Voting more than once in the same
election/voting when not a registered voter.
Voting in substitution for another with or
without the latters knowledge and/or
consent etc.
b. Other Election Offenses under RA 6646
1. Causing the printing of official ballots and
election returns by printing establishments
not on contract with COMELEC and
printing establishments which undertake
unauthorized printing.
2. Tampering, increasing or decreasing the
votes received by a candidate or refusing
after proper verification and hearing to
credit the correct votes or deduct the
tampered votes (committed by a member of
the board of election inspectors)
3. Refusing to issue the certificate of voters to
the duly accredited watchers (committed by
a member of the BEI).
4. Person who violated provisions against
prohibited forms of election propaganda.
5. Failure to give notice of meetings to other
members of the board, candidate or political
party (committed by the Chairman of the
board of canvassers).
6. A person who has been declared a nuisance
candidate or is otherwise disqualified who
continues to misrepresent himself as a
candidate (Ex. by continuing to campaign)
and any public officer or private individual
who knowingly induces or abets such
misrepresentation by commission or
omission.
7. If the chairman of the BEI fails to affix his
signature at the back of the official ballot, in
the presence of the voter, before delivering
the ballot to the voter (Under RA 7166).
JURISDICTION OVER ELECTION
OFFENSES
The COMELEC has exclusive jurisdiction to
investigate and prosecute cases involving
violations of election laws, but it may validly
delegate the power to the Provincial
Prosecutor as it did when it promulgated
Resolution No. 1862, dated March 2, 1987.
The RTC has exclusive original jurisdiction to
try and decide any criminal actions or
proceedings for violation of election laws.
The metropolitan or municipal trial courts,
by way of exception, exercises jurisdiction
only over offenses as a matter of exception

to the general provisions on jurisdiction


over criminal cases found under B.P. 129 as
amended (Naldoza v. Lavilles, 254 SCRA
286 [1996]).
Preferential disposition of election
offenses The COMELEC shall investigate
without delay election offenses and resolve
them within 5 days from submission. The
courts shall likewise give preference to these
offenses over all other cases EXCEPT
petitions for writ of habeas corpus.
Prescriptive Period for Election
Offenses
5 years from date of commission.
If the discovery of the offense is made in an
election contest proceeding, the period of
prescription commences on the date on
which judgment becomes final and
executory.
GENERAL POWERS OF THE
COMELEC
1. Executive enforcement and
administration of election laws.
2. Legislative issuance of rules and
regulations to implement the election laws
and other legislative functions as may be
expressly delegated by Congress.
A draft resolution does not operate as a final
resolution of a case until the proper
resolution is duly signed and
promulgated (Calingin v. Court of Appeals,
Et. Al., G.R. No. 154616, July 12, 2004).
3.

Judicial resolution of controversies that


may arise in the enforcement of election
laws and to be the sole judge of all preproclamation disputes and contests relating
to the elections, returns and qualifications
of all regional, provincial and city officials.
FAILURE OF ELECTION:
Instances:
1.
The election in any polling
place has not been held on the date
fixed on account of force majeure,
violence, terrorism, fraud, or other
analogous causes;
2.
The election in any polling
place had been suspended before the
hour fixed by law for the closing of
the voting on account of force
majeure, violence, terrorism, fraud,
or other analogous causes;
3.
After the voting and during the
preparation and the transmission of

the election returns or in the custody


or canvass thereof, such election
results in failure to elect on account
of force majeure, violence, terrorism,
fraud, or other analogous causes.
There are only three (3) instances where a
failure of election may be declared, namely:
(a) the election in any polling place has not
been held on the date fixed on account
of force majeure, violence, terrorism, fraud,
or other analogous causes; (b) the election
in any polling place had been suspended
before the hour fixed by law for the closing
of the voting on account of force majeure,
violence, terrorism, fraud or other analogous
causes; (c) after the voting and during the
preparation and transmission of the election
returns or in the custody or canvass thereof,
such election results in a failure to elect an
account of force majeure, violence,
terrorism, fraud, or other analogous
causes. In all instances there must have
been failure to elect; this is obvious in the
first scenario where the election was not
held and the second where the election was
suspended. As to the third scenario, the
preparation and transmission of the election
returns which give rise to the consequence
of failure to elect must as aforesaid be
literally interpreted to mean that nobody
emerged as a winner.(Typoco, Jr. vs.
COMELECen banc;
G.R. No. 136191 November 29, 1999)
Who has the power to declare?
The COMELEC en banc has the original and
exclusive jurisdiction to hear and decide
petitions for declaration of failure of election
or for annulment of election results (Sec.4,
R.A. 7166).
The proclamation of the winning candidate
does not divest the COMELEC of such
jurisdiction, where the proclamation is null
and void or is claimed to be so. (Ampatuan
v. COMELEC, G.R. No. 149803, Jan. 31,
2002).
What are the conditions before
COMELEC can act on the petition?
1.
No voting took place in the
precinct/s on the date fixed by law, or
even if there was voting, the election
resulted in failure to elect; AND
2.
The votes not cast would have
affected the result of the election.

(Tan v. COMELEC, G.R. No. 14857576, Dec. 10, 2003).


The cause of such failure may arise before or
after the casting of votes or on the day of the
election.(Batabor v. Commission on
Elections, et al., G.R. No. 160428, July 21,
2004)
COMELEC Rules of Procedure
Where the COMELEC, in division,
allegedly committed grave abuse of
discretion or acted without or in excess of
jurisdiction in issuing an interlocutory
order, Sec. 5(c), Rule 3 of the 1993
COMELEC Rules of Procedure applies.
Only final orders of the COMELEC in
Division may be raised before the
COMELEC en banc. Sec. 3, Art. IX-C of the
1987 Constitution mandates that only
motions for reconsideration of final
decisions shall be decided by the COMELEC
en banc. Under this constitutional
provision, the COMELEC en banc shall
decide motion for reconsideration only of
decisions of a Division, meaning those acts
having a final character. Clearly, the
assailed status quo ante Order, being
interlocutory, should first be resolved by the
COMELEC First Division via a motion for
reconsideration (Repol v. COMELEC, et al.,
G.R. No. 161418, April 28, 2004).
The provision of the Constitution is clear that
it should be the majority vote of all the
members of the COMELEC en banc and not
only those who participated and took part in
the deliberations. Under the rules of
statutory construction, it is to be assumed
that the words in which constitutional
provisions are couched express the objective
sought to be attained. (Estrella v.
Commission on Elections, et al., G.R. No.
160465, May 27, 2004)
POSTPONEMENT OF ELECTION
An election may be
postponed motu propio or upon verified
petition by any interested party when there
is violence, terrorism, loss or destruction of
election paraphernalia or records, force
majeure or other analogous causes of such a
nature that the holding of a free. orderly and
honest election becomes impossible in any
political subdivision (Sec. 5. B.P. 881)
(we) clarified that, "Under the pertinent codal
provision of the Omnibus Election Code,

there are only three (3) instances where a


failure of elections may be declared, namely:
(a) the election in any polling place has not
been held on the date fixed on account of
force majeure, violence, terrorism, fraud, or
other analogous causes; (b) the election in
any polling place had been suspended
before the hour fixed by law for the closing
of the voting on account of force majeure,
violence, terrorism, fraud, or other
analogous causes; or (c) after the voting and
during the preparation and transmission of
the election returns or in the custody or
canvass thereof, such election results in a
failure to elect on account of force majeure,
violence, terrorism, fraud, or other
analogous causes." (Sison v. COMELEC,
G.R. No. 134096, March 3, 1999)