Election Law [based on De Leon (2014)]
Atty. A.M. Vanguardia
Election Law
Chapter I: General Principles
Theory of Popular Sovereignty
Art. II, Sec. 1, 1987 Constitution: The Philippines is a democratic
and republican State. Sovereignty resides in the people and all
government authority emanates from them.
 Theoretically but fundamentally, the people combined
represent the sovereign power of the State.
 In practice, however, sovereignty is exercised by the
electorate and those chosen by them, directly or indirectly,
the elective and the appointive officials.
Moya v. Del Fierro, [1939]. Republicanism, in so far as it implies the
adoption of a representative type of government, necessarily
points to the enfranchised citizen as a particle of popular
sovereignty and as the ultimate source of the established authority.
 A democratic and republican government derives all its
powers, directly or indirectly, from the people at large. Its
essence is indirect rule.
 Actual sovereignty is exercised by the people by means of
suffrage through the ballot of the registered voters in duly
appointed elections held from time to time.
Meaning of Suffrage
Suffrage is the right as well as obligation of qualified citizen to vote
in the election of certain national and local officers of the
government and in the decision of public questions submitted to
the people.
Nature of Suffrage
(1) Suffrage is not a natural right of the citizens but merely a
privilege to be given or withheld by the lawmaking power
subject to constitutional limitations. It is not necessary
accompaniment of citizenship. It is granted to individuals only
upon the fulfillment of certain minimum conditions deemed
essential for the welfare of society.
(2) The exercise of the right of suffrage, as in the enjoyment of
all other rights, is not absolute; it is subject to existing
substantive and procedural requirements provided in the
Constitution, statutes, and valid rules and regulations. Only
on the most serious grounds and upon clear and convincing
proof may a citizen be deemed to have forfeited his right of
suffrage.
(3) Lacson v. Posadas, [1976]. Suffrage is a right because it is the
expression of the sovereign will of the people.
Asistio v. Hon. Aguirre, [G.R. No. 191124, April 27, 2010, J.
Nachura]. In the sense of a right conferred by the Constitution,
suffrage is classified as a political right, as well as a bounden duty
of every citizen, enabling him to participate in the process of
government to assure that it truly derives its powers solely from
the consent of the governed.
(4) Macolor v. Amores, [1953]. The right of suffrage is based
upon the theory that the people who bear the burden of
government should share in the privilege of choosing the
officials of the government. The principle is that of one man,
one vote.
(5) Abanil v. Justice of the Peace, [1940]. Suffrage as a duty is in
the nature of a public trust and constitutes a voter a
representative of the people. This duty requires that the
privilege bestowed should be exercised not exclusively for the
benefit of the citizen or citizens proferring it but in good faith
and with intelligent zeal for the general benefit and welfare
of the State.
Note: In view of the permissive language of the Constitution [Art.
V, Sec. 1], the failure of a citizen to register and vote cannot be
criminally sanctioned.
Scope of Suffrage [REPIR]
(1) Election
Garchitorena v. Crescini, [1918]. Election it is the means by which
the people choose, through the use of the ballot, their officials for
definite and fixed periods and to whom they entrust, for the time
being as their representatives, the exercise of powers of
government.
Taule v. COMELEC, [1991]. Election is the expression of the
sovereign will of the people, involving the choice or selection of
candidates to public office by popular vote.
Carlos v. Angeles, [2000]. Specifically, the term “election”, in the
context of the Constitution, may refer to the conduct of the polls
including the list of voters, the holding of the electoral campaign,
and the casting and counting of votes.
(2) Plebiscite
[1]
Plebiscite is the name given to a vote of the people expressing their
choice for or against a proposed law or enactment submitted to
them.
 In this Philippines, the term is applied to an election at which
any proposed amendment to, or revision of, the Constitution
is submitted to the people for their ratification [Art. XVII, Sec.
2].
 Plebiscite is also required by the Constitution to secure the
approval of the people directly affected, before certain
proposed changes (creation, division, merger, abolition or
boundary change of a political unit) affecting local
government units may be implemented.
(3) Referendum
Referendum is the submission of a law passed by the national or
local legislative body to the registered voters at an election called
for the purpose for their ratification or rejection. [Art. VI, Sec. 32;
R.A. 7160, Sec. 126].
Bouvier’s Law Dictionary. Referendum is a mode of appealing from
an elected body to the whole body of voters.
(4) Initiative
Initiative is the process whereby the registered voters directly
propose, enact or amend laws, national or local, through an
election called for the purpose.
Subic Bay Metropolitan Authority v. COMELEC, [1996]. Congress
is mandated by the Constitution to provide as early as possible for
a system of initiative and referendum which have been described
as the “people power” features of the Constitution. [Art. VI, Sec.
32; R.A. 6735].
 Amendments to the Constitution may likewise be directly
proposed by the people through initiative [Art. XVII, Sec. 2;
R.A. 7160, Sec. 120-124; Santiago v. COMELEC, (1997)]
(5) Recall
Recall is a method by which a public officer may be removed from
office during his tenure or before the expiration of his term by a
vote of the people after registration of a petition signed by a
required percentage of the qualified voters. [Art. X, Sec. 3; R.A.
7160, Sec. 69-75].
Object of Suffrage and Election Laws

(1) The main object of suffrage is the continuity of government
and the preservation and perpetuation of its benefits.
Two-fold Objective:
(a) The people to choose their representatives to discharge
sovereign functions [done thru election]
(b) Determine their will upon such questions submitted to the
people [done by means of plebiscite, referendum, initiative,
and recall].
(2) Grand Alliance for Democracy [GAD] v. COMELEC, [1987].
Election laws regulate how the right of suffrage is to be
exercised. They are intended as a means for assuring a free,
honest, and orderly expression of the people’s views and
choice of candidates uninfluenced by threats, intimidation
and corrupt motives.
Mallari v. Gironella, [1983]. The purpose of election laws is to give
effect to, rather than stifle or frustrate, the will of the voters.
Rulloda v. COMELEC, [2003]. It is settled that in case of doubt,
political laws must be so construed as to give life and spirit to the
popular mandate freely expressed through the ballot.
Power of Congress to Regulate Suffrage and Elections
Am. Jur. Subject only to constitutional restrictions, Congress has
unlimited power to enact laws relative to the right of suffrage
including the power to define the qualifications of voters, to
regulate elections, to prescribe the form of official ballot, to
provide for the manner in which candidate shall be chosen and the
names that shall be printed upon the ballot, to regulate the manner
of conducting elections, and, in the exercise of the police power, to
suppress whatever evils may be incident to the election of public
officers.
Constitutional Provisions on Suffrage
Art. V, Sec. 1. Suffrage may be exercised by all citizens of the
Philippines, not otherwise disqualified by law, who are at least
eighteen years of age, and who shall have resided in the Philippines
for at least one year and in the place wherein they propose to vote,
for at least six months immediately preceding the election. No
literacy, property, or other substantive requirement shall be
imposed on the exercise of suffrage.
Art. V, Sec. 2. The Congress shall provide a system for securing the
secrecy and sanctity of the ballot as well as a system for absentee
voting by qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled and the
illiterates to vote without the assistance of other persons. Until
then, they shall be allowed to vote under existing laws and such
rules as the Commission on Elections may promulgate to protect
the secrecy of the ballot.
(1) Qualifications of Voters/Disqualifications Provided by Law
[Art. V, Sec. 1]
 Residence in contemplation of election law is synonymous to
domicile.
F. Mechem, [1890]. It is not competent for Congress to add to or
alter such qualifications. The specification in the Constitution is an
implied prohibition against interference.
 The responsibility of determining who may be “disqualified by
law”, and, therefore, may be precluded from exercising the
right of suffrage is left by the Constitution to Congress.
 The Constitution extends the right of suffrage even to
Filipinos abroad provided they possess all the qualifications
mentioned therein and none of the disqualifications provided
by law.
(2) Mandates of Congress [Art. V, Sec. 2]
 The secrecy of the electoral process requires secrecy of the
vote.
 Under Art. V, Sec. 2, Congress is mandated to enact a law
prescribing procedures that will enable the disabled and the
illiterates to secretly cast their ballots without requiring the
assistance of other persons, to prevent them from being
manipulated by unscrupulous politicians to insure their
victory at the polls.
 Under Art. V, Sec. 2, Congress is also mandated to provide a
system of absentee voting by qualified Filipinos abroad. It is
bound to set aside funds and other requirements for the
purpose and to provide safeguards to ensure that elections
overseas are held in a free, clean, and orderly manner.
Note: R.A. 9189 [The Overseas Absentee Voting Act of 2003] was
enacted on February 14, 2003. Absentee may vote for (a)
President; (b) Vice-President; (c) Senators, and (d) Party-list
representatives only.
Substantive Requirements for Exercise of Suffrage
(1) Literacy Requirement [Art. V, Sec. 1]
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Election Law [based on De Leon (2014)]
Atty. A.M. Vanguardia
 The 1973 Constitution removed the requirement under the
1935 Constitution on ability to read and write such that then,
as now, an illiterate person has the right to vote.
(2) Property Requirement [Art. V, Sec. 1]
(a) Property Ownership NOT a Test of Individual Capacity
Schmandt & Steinbicker, [1954]. The justification for the abolition
of property qualification is the assumption that ownership of
property, per se, neither adds to nor detracts from a man’s capacity
to function properly and fully as a social and political being. Today,
the argument that only property holders have “a stake in the
community” is considered obsolete. It is the human person that is
to be represented and given primacy in the hierarchy of values”.
(b) Property Requirement Inconsistent with Concept of
Republican Government
 The imposition of property qualification on the voters would
be inconsistent with the very nature and essence of our
republic system of government ordained in our Constitution,
for said political system is premised upon the tenet that
sovereignty resides in the people and all governmental
authority emanates from them [Art. II, Sec. 1]
 In turn, this implies necessarily that the right to vote and to
be voted shall not be dependent upon the wealth of the
individual concerned.
(c) Property Requirement Inconsistent with Social Justice
Principles
 Social justice presupposes equal opportunity for all rich and
poor alike [Art. XIII, Sec. 1]. Accordingly, no person shall, by
reason of poverty, be denied the chance to vote and to be
elected to public office.
Maquera v. Borra, [1965]. The SC declared unconstitutional a law
[R.A. 4421] requiring all candidates for public offices to post a
surety bond equivalent to the one (1) year salary or emoluments of
the position for which they are candidates which shall be forfeited
if the candidates, except when declared winner, fail to obtain at
least 10% of the votes cast for the office to which they have filed
their certificates of candidacy. This law, according to the SC,
imposed a property qualification.
(3) Other Substantive Requirements [Art. V, Sec. 1]

 Congress is prohibited by the Constitution to impose
additional substantive [now procedural] requirements for
voting similar in nature to literacy or ownership of property
Examples:
(a) Education
(b) Sex
(c) Taxpaying ability
Chapter II: The Commission on Elections [COMELEC]
 The sanctity of the ballot and free and honest expression of
the popular will can best be protected by an independent
office whose sole work is to enforce laws on elections. The
COMELEC is organized for that purpose.
V. Sinco, [1962]. The intention is to place the COMELEC outside the
influence of political parties and the control of the legislative,
executive, and judicial organs of the government. It is an
independent administrative tribunal, co-equal with the other
departments in respect to the powers vested in it.
Composition and Qualification of Members [Art. IX-C, Sec. 1(1)]
Art. IX-C, Sec. 1(1). There shall be a Commission on Elections
composed of a Chairman and six (6) Commissioners who shall be
natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five (35) years of age, holders of a
college degree, and must not have been candidates for any elective
positions in the immediately preceding elections.
However, a majority thereof, including the Chairman, shall be
members of the Philippine Bar who have been engaged in the
practice of law for at least ten years.
 The reason for the requirement of membership in the
Philippine Bar is the fact that the COMELEC exercises quasi-
judicial powers.
Appointment of Terms of Office of Members
Art. IX-C, Sec. 1(2). The Chairman and the Commissioners shall be
appointed by the President with the consent of the Commission on
Appointments for a term of seven (7) years without
reappointment.
Of those first appointed, three Members shall hold office for seven
(7) years, two Members for five (5) years, and the last Members for
three (3) years, without reappointment.
Appointment to any vacancy shall be only for the unexpired term
of the predecessor.
In no case shall any Member be appointed or designated in a
temporary or acting capacity.
 The Constitution provides, as in the case of the members of
CSC and COA, for a staggered term of two (2) years interval.
A member appointed to fill a vacancy shall serve only for the
unexpired term to preserve the staggered terms of office.
V. Sinco. The staggering of term also makes the Commission a
continuing and self-perpetuating body and consequently, its
members would have the benefit of the experience and expertise
of the older members in the performance of its functions. The
continuity of its tenure as a body makes for greater stability for its
policies and decisions and serves as a guarantee against arbitrary
action which is likely to occur in a body handling partisan questions.
Nacionalista Party v. Bautista, [1949]. The COMELEC is an
independent body and to preserve its independence, the members
appointed to that position must be permanent. The members
thereof must be made to feel they are secure in the office and are
entitled to fixed emoluments during their incumbency. That
independence and impartiality may be shaken and destroyed by a
designation of a person or officer to act temporarily in the
Commission.
Disabilities of Members
Art. IX-A, Sec. 2. No member of a Constitutional Commission shall,
during his tenure, hold any other office or employment. Neither
shall he engage in the practice of any profession or in the active
management or control of any business which, in any way, may be
affected by the functions of his office, nor shall he be financially
interested, directly or indirectly, in any contract with, or in any
franchise or privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities, including government-
owned or controlled corporations or their subsidiaries.
 The fiduciary nature of a public office which the Constitution
expressly guards in the case of the President, the Vice-
President, members of the Cabinet and their deputies and
assistants [Art. VII, Sec. 13], and the members of Congress
[Art. VI, Sec. 13-14], is also protected in relation to the
members of the COMELEC.
 Their disabilities during their continuance in office are similar
to those imposed on the President and the Vice-President.
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Election Law [based on De Leon (2014)]
Atty. A.M. Vanguardia
Constitutional Powers and Functions of the Commission
 COMELEC is clothed with three (3) powers of government:
(a) Executive or administrative (i.e. to enforce and administer
election laws);
(b) Quasi-legislative (i.e. to promulgate rules on all questions
affecting elections and its rules of procedure); and
(c) Quasi-judicial powers (i.e. to exercise original and appellate
jurisdiction over certain election contests).
Art. IX-C, Sec. 2. The Commission on Elections shall exercise the
following powers and functions:
(1) Enforce and administer all laws and regulations relative to the
conduct of an election, plebiscite, initiative, referendum, and
recall.
(2) Exercise exclusive original jurisdiction over all contests
relating to the elections, returns, and qualifications of all
elective regional, provincial, and city officials, and appellate
jurisdiction over all contests involving elective municipal
officials decided by trial courts of general jurisdiction, or
involving elective barangay officials decided by trial courts of
limited jurisdiction.
(3) Decisions, final orders, or rulings of the Commission on
election contests involving elective municipal and barangay
offices shall be final, executory, and not appealable.
(4) Decide, except those involving the right to vote, all questions
affecting elections, including determination of the number
and location of polling places, appointment of election
officials and inspectors, and registration of voters.
(5) Deputize, with the concurrence of the President, law
enforcement agencies and instrumentalities of the
Government, including the Armed Forces of the Philippines,
for the exclusive purpose of ensuring free, orderly, honest,
peaceful, and credible elections.
(6) Register, after sufficient publication, political parties,
organizations, or coalitions which, in addition to other
requirements, must present their platform or program of
government; and accredit citizens' arms of the Commission
on Elections. Religious denominations and sects shall not be
registered. Those which seek to achieve their goals through
violence or unlawful means, or refuse to uphold and adhere
to this Constitution, or which are supported by any foreign
government shall likewise be refused registration.
Financial contributions from foreign governments and their
agencies to political parties, organizations, coalitions, or candidates
related to elections, constitute interference in national affairs, and,
when accepted, shall be an additional ground for the cancellation

of their registration with the Commission, in addition to other
penalties that may be prescribed by law.
(7) File, upon a verified complaint, or on its own initiative,
petitions in court for inclusion or exclusion of voters;
investigate and, where appropriate, prosecute cases of
violations of election laws, including acts or omissions
constituting election frauds, offenses, and malpractices.
(8) Recommend to the Congress effective measures to minimize
election spending, including limitation of places where
propaganda materials shall be posted, and to prevent and
penalize all forms of election frauds, offenses, malpractices,
and nuisance candidacies.
(9) Recommend to the President the removal of any officer or
employee it has deputized, or the imposition of any other
disciplinary action, for violation or disregard of, or
disobedience to, its directive, order, or decision.
(10) Submit to the President and the Congress, a comprehensive
report on the conduct of each election, plebiscite, initiative,
referendum, or recall.
Art. IX-C, Sec. 2(1): The Commission on Elections shall exercise the
following powers and functions:
Enforce and administer all laws and regulations relative to the
conduct of an election, plebiscite, initiative, referendum, and
recall.
Enforce and Administer Laws Relative to Conduct of Elections, Etc.
(1) Scope of Power
(a) Fermin v. COMELEC, [2007]. The COMELEC exercises
administration and supervision of these processes akin to its
powers over the conduct of elections. The clear text and
intent of the Constitution is to give the COMELEC all the
necessary and incidental powers for it to achieve the holding
of free, orderly, honest, peaceful and credible elections. It
must be borne in mind that the purpose of governing statutes
on the conduct of elections is to protect the integrity of
elections, to suppress all evils that may violate its purity and
defeat the will of the voters.
(b) Bedol v. COMELEC, [G.R. No. 179830, December 3, 2009, J.
Leonardo-De Castro]. The constitutional grant of
investigatory and prosecution power in the Commission finds
statutory expression under Sec. 265 of B.P. 881 [Omnibus
Election Code]. When investigating and prosecuting election
offenses, the COMELEC is acting analogous to the
Ombudsman with its investigatory and prosecutory powers.
(c) Pelayo, Jr. v. COMELEC, [1968]. Great latitude is accorded the
COMELEC in adopting means and methods to insure the
accomplishment of the great objective for which it was
created – to insure free, orderly, honest, peaceful and
credible elections which is whole purpose of election laws.
Geronimo v. COMELEC, [1982]. The choice of means taken by the
COMELEC, unless they are clearly illegal or arbitrary, should not be
interfered with. It has broad powers to ascertain the results of an
election by means available to it, such as relying on the certificate
issued by its registrar which confirms that issued by the board of
canvassers. For the attainment of that end, it is not strictly bound
by the rules of evidence.
Mastura v. COMELEC, [1998]. The rule that factual findings of
administrative bodies will not be disturbed by courts of justice
except when there is absolutely no evidence or no substantial
evidence in support of such findings should be applied with greater
force when it concerns the COMELEC, as the framers of the
Constitution intended to place the COMELEC — created and
explicitly made independent by the Constitution itself — on a level
higher than statutory administrative organs.
Abes v. COMELEC, [1967]. But the enforcement and administration
of all election laws by the Commission does not include the power
to annul an election which may not have been free, orderly, and
honest, as such power is merely preventive and not curative. If it
fails to accomplish that purpose, it is not for such body to cure or
remedy the resulting evil but some other agencies of the
government.
Note: The ruling in Abes v. COMELEC, [1967] will now apply only to
elections involving President, Vice-President, and Members of
Congress. The COMELEC exercises exclusive original jurisdiction
over all election contests involving regional, provincial, and city
officials and appellate jurisdiction over election contests involving
elective municipal and barangay officials [Art. IX-C, Sec. 2].
(2) Specific Powers
(a) Feliciano v. Lugay, [1953]. Power to annul or cancel illegal
registry lists of voters and to order the preparation of a new
one;
(b) Demafiles v. COMELEC, [1967]. To cancel the canvass of
election returns and annul an illegal proclamation as when
they are based on incomplete returns and order a new
canvass to be made by the board of canvassers by counting
the returns illegally or wrongfully excluded;
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Election Law [based on De Leon (2014)]
Atty. A.M. Vanguardia
(c) Albano v. Arranz, [1962]. Suspend the proclamation of
winning candidates pending an inquiry into irregularities
brought to its intention;
(d) Pacis v. COMELEC, [1968]. To direct the board of canvassers
to include in the canvass returns from questioned precincts;
(e) Aratuc v. COMELEC, [1979]. To review, in the exercise of its
plenary prerogative of direct control and supervision, the
actuations of a board of canvassers even to the extent of
inquiring beyond the election records of the voting centers in
questions.
(3) Where Proclamation Had Been Made
GR: De Leon v. Imperial, [1954]. However, once the announcement
of the result of the elections or the proclamation of the winners
had been made, any alteration or amendment in any statements of
election, or in any contradiction or discrepancy appearing therein,
whether due to clerical error or otherwise, cannot be made
without the intervention of a competent court.
XPN: Javier v. COMELEC, [1965]. But the Commission can order a
new canvass even after proclamation where its valid order
directing the suspension of the proclamation of a candidate has
been violated for such order serves to nullify the continuation of
the canvass and consequently, the proclamation of the candidate
to the contested position.
Art. IX, Sec. 2(2). The Commission on Elections shall exercise the
following powers and functions:
Exercise exclusive original jurisdiction over all contests relating to
the elections, returns, and qualifications of all elective regional,
provincial, and city officials, and appellate jurisdiction over all
contests involving elective municipal officials decided by trial
courts of general jurisdiction, or involving elective barangay
officials decided by trial courts of limited jurisdiction.
Decisions, final orders, or rulings of the Commission on election
contests involving elective municipal and barangay offices shall be
final, executory, and not appealable.
Decide Election Contests
Javier v. COMELEC, [1965]. Election contest refers to the adversary
proceedings by which matters involving the title or claim to an
elective office, made before or after proclamation of the winner, is
settled whether or not the contestant is claiming the office in
dispute.

Taule v. Santos, [1991]. In the case of elections of barangay
officials, the term is restricted to proceedings after the
proclamation of the winner as no pre-proclamation controversies
are allowed.
(1) An election contest is neither a civil action nor a criminal
proceeding. Strictly speaking, it is neither an action at law nor
a suit in equity; it is a summary proceeding of a political
character.
Purpose of Election Contest: To ascertain the candidate lawfully
elected to office.
Banaga, Jr. v. COMELEC, [2000]. Under the COMELEC Rules of
Procedure, an election protest is an ordinary action governed by
Rule 20 thereof.
Note: An en banc decision of the COMELEC in an ordinary action
becomes final and executory after 30 days from its promulgation,
while an en banc decision in a special action, like a petition to
declare a failure of elections, becomes final and executory after five
(5) days from promulgation, unless restrained by the Supreme
Court. For that reason, a petition cannot be treated as both an
election protest and petition to declare a failure of election [see
COMELEC Rules of Procedure, Rule 18, Sec. 13(a), and (b)].
(2) Election contests involving regional, provincial, and city
officials are placed under the exclusive jurisdiction of the
COMELEC
Alunan III v. Mirasol, [1997]. Those for municipal and barangay
officials are under the jurisdiction of the RTC and MTC, respectively,
subject to appeal to the COMELEC.
Election contests involving elections of Sangguniang Kabataan (SK)
officials do not fall within Sec. 252 of the Omnibus Election Code
and paragraph 2, Sec. 2, Art. IX-C of the Constitution and no law in
effect prior to the ratification of the Constitution had made the SK
chairman an elective barangay official. Sangguniang Kabataan
elections are under the direct control and supervision of the DILG.
Note: Galang, Jr. v. Geronimo, [2011], J. Peralta. In election cases,
involving an act or omission of a municipal or a regional trial court,
the petition shall be filed exclusively with the Commission in and of
its appellate jurisdiction [Rule 65, Sec. 4, ROC]. A court (or the
Commission) may issue a writ of certiorari in aid of its appellate
jurisdiction to review by appeal or writ of error the final orders or
decisions of the lower court.
(3) Tagoranap v. COMELEC, [1968]. The power of the
Commission to decide election contests includes the power
to determine the validity or nullity of votes.
(4) People v. Delgado, [1990]. Aside from the adjudicatory or
quasi-judicial power of the Commission to decide election
contests and administrative questions, it is also vested with
the power of public prosecutor with the exclusive authority
to conduct the preliminary investigation and the prosecution
of election offenses punishable under the election law before
a competent court.
(5) Veloria v. COMELEC, [1992]. The Commission has not been
given, by the Constitution nor by law, jurisdiction to issue
writs of certiorari, prohibition, and mandamus. Hence, an
original special civil action of certiorari, prohibition, or
mandamus against a RTC in an election contest may be filed
only in the CA or in the SC, being the only courts given such
original jurisdiction under the Constitution and the law. The
well-settled rule is that jurisdiction is conferred only by the
Constitution or by law. It is never derived by implication.
Atienza, Jr. v. COMELEC, [2010], J. Abad. The validity or invalidity
of the expulsion of a political party’s officers is purely a party’s
membership and discipline issue that has to be settled within the
party; it is an internal party matter over which the Commission has
no jurisdiction given the limited scope of the power over political
parties. It may intervene in intra-party disputes only when
necessary to the discharge of its constitutional functions, such as in
resolving an intra-party leadership as an incident of its power to
register political parties.
Carlos v. Hon. Angeles, [2000]. The ruling in Veloria v. COMELEC,
[1992] has been abandoned. Both the SC and the Commission have
concurrence jurisdiction to issue writs of certiorari, prohibition and
mandamus over decisions of trial courts of general jurisdiction
[RTCs] in election cases involving elective municipal officials.
The one that takes jurisdiction first shall exercise exclusive
jurisdiction over the case. The Commission has authority to issue
the extraordinary writs in cases involving elections only in aid of its
appellate jurisdiction.
(6) The SET or HRET has sole and exclusive jurisdiction over all
contests relating to the election, returns and qualifications of
member of Congress. [Art. VI, Sec. 17]
Aggabao v. COMELEC, [2005]. Once a winning candidate has been
proclaimed, taken his oath, and assumed office as member thereof,
the COMELEC’s jurisdiction ends, and the SET and HRET’s own
jurisdiction begins.
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Election Law [based on De Leon (2014)]
Atty. A.M. Vanguardia
The SC, sitting en banc, as PET, is sole judge of all contests relating
to the election, returns, and qualifications of the President or Vice-
President.
Barbers v. COMELEC, [2005]. The phrase “election, returns and
qualifications” should be interpreted in its totality as referring to all
matters affecting the validity of the contestee’s title.
Art. IX, Sec. 2(3). The Commission on Elections shall exercise the
following powers and functions:
Decide, except those involving the right to vote, all questions
affecting elections, including determination of the number and
location of polling places, appointment of election officials and
inspectors, and registration of voters.
Decide All Questions Affecting Elections
(1) The jurisdiction of the Commission is over popular elections,
the elected officials of which are determined through the will
of the electorate. An election is the embodiment of the
popular will, the expression of the sovereign power of the
people. It involves the choice or selection of candidates to
public office by the popular vote.
(2) The term “election” in the context of the Constitution may
refer to the conduct of the polls including the listing of voters,
the holding of the electoral campaign, the casting and
counting of the votes which do not characterize the election
of officers in the “Katipunan ng mga Barangay” composed of
popularly elected “punong barangay” as prescribed by law
whose officers are voted upon by their respective members.
(3) Taule v. Santos. The Commission exercises only appellate
jurisdiction over election contests involving elective barangay
officials decided by the MeTC or MTC which likewise have
limited jurisdiction.
(4) Sahali v. COMELEC, [2000]. The Commission has the inherent
power to amend or control its processes and ordered before
they become final and executory.
 It is not strictly bound by the rules of evidence.
 The ROC applies suppletorily to proceedings before the
Commission.
(5) Nacionalista Party v. COMELEC, [1949]. The Commission has
no jurisdiction over questions involving the right to vote
which includes qualifications and disqualifications of voters,
the right of a person to be registered as voter, the right to cast
his vote, and other allied questions. Such questions shall be
decided by the courts.

Art. IX-C, Sec. 2(4). The Commission on Elections shall exercise the
following powers and functions:
Deputize, with the concurrence of the President, law enforcement
agencies and instrumentalities of the Government, including the
Armed Forces of the Philippines, for the exclusive purpose of
ensuring free, orderly, honest, peaceful, and credible elections.
Deputize Law Enforcement Agencies
 The deputizing should be with the concurrence of the
President. This limitation seeks to make the holding of “free,
orderly, honest, peaceful, and credible elections” the joint
responsibility of the President and the Commission.
 Nevertheless, the President on his own authority may still call
out the armed forces when necessary under his powers as
Commander-in-Chief.
People v. Basilla, [1987]. There is nothing in Sec. 2(4) of Art. IX-C of
the Constitution which requires such a pinched niggardly
interpretation of the authority of the COMELEC to appoint as its
deputies, officials or employees of other agencies and
instrumentalities of the government. The prompt investigation and
prosecution and disposition of election offenses constitute an
indispensable part of the task of securing free, orderly, honest,
peaceful and credible elections. The investigation and prosecution
of election offenses are, in an important sense, more important
than the maintenance of physical order in election precinct.
Without the assistance of provincial and city fiscals and their
assistants and staff members, and of the state prosecutors of the
Department of Justice, the prompt and fair investigation and
prosecution of election offenses committed before or in the course
of nationwide elections would simply not be possible, unless,
perhaps, the COMELEC had a bureaucracy many times larger than
what it actually has.
Moreover, the prosecution officers designated by the COMELEC
become deputies or agents of the COMELEC and pro tanto subject
to the authority, control and supervision of the COMELEC in respect
of the particular functions covered by such deputation. The acts of
such deputies within the lawful scope of their delegated authority
are, in legal contemplation, the acts of the COMELEC itself.
The only limitation the Constitution itself places upon the
COMELEC's authority over its deputies relates to the enforcement
of such authority through administrative sanctions. Such sanctions-
e.g., suspension or removal-may be recommended by the
COMELEC to the President [Sec. 2(8), Art. IX-C, 1987 Constitution]
rather than directly imposed by the COMELEC, evidently, to pre-
empt and avoid potential difficulties with the executive
department of the Government where the prosecution and other
officers deputized are ordinarily located.
Art. IX-C, Sec. 2(5). The Commission on Elections shall exercise the
following powers and functions:
Register, after sufficient publication, political parties,
organizations, or coalitions which, in addition to other
requirements, must present their platform or program of
government; and accredit citizens' arms of the Commission on
Elections. Religious denominations and sects shall not be
registered. Those which seek to achieve their goals through
violence or unlawful means, or refuse to uphold and adhere to this
Constitution, or which are supported by any foreign government
shall likewise be refused registration.
Financial contributions from foreign governments and their
agencies to political parties, organizations, coalitions, or candidates
related to elections, constitute interference in national affairs, and,
when accepted, shall be an additional ground for the cancellation
of their registration with the Commission, in addition to other
penalties that may be prescribed by law.
Register Political Parties, Etc. and Accredit its Citizen Arms
(1) Political parties which (a) have no platform or program of
government, or (b) seek to achieve their goals through
violence or unlawful means, or (c) refuse to uphold and
adhere to the Constitution, or (d) are supported by any
foreign government shall be refused registration.
(2) People v. Inting, [1990]. Religious denominations and sects
are allowed to be registered as political parties in view of the
principle of separation between the church and the State.
(3) Acceptance of financial contributions from foreign
government and their agencies related to elections is a
ground for the cancellation of the registration of a political
party or organization. Such contributions are declared as
constituting interference in our internal affairs.
(4) Citizens’ arms accredited by the Commission are supposed to
be completely neutral and non-partisan in assisting the
Commission in the conduct of elections, etc.
Art. IX-C, Sec. 2(6). The Commission on Elections shall exercise the
following powers and functions:
File, upon a verified complaint, or on its own initiative, petitions in
court for inclusion or exclusion of voters; investigate and, where
appropriate, prosecute cases of violations of election laws,
including acts or omissions constituting election frauds, offenses,
and malpractices.
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Election Law [based on De Leon (2014)]
Atty. A.M. Vanguardia
File Petitions, Investigate and Prosecute
 The COMELEC may exercise these powers on its own initiative
even in the absence of any complaint.
 In effect, the Constitution mandates the Commission not only
to investigate but also to prosecute cases of violation of
election laws. This means that the Commission is empowered
to conduct preliminary investigations in cases involving
election offenses for the purpose of helping the court
determine probable cause and for filing an information in
court. This power is exclusive with the Commission.
Gallardo v. Tabamo, Jr., [1993]. Under the COMELEC Rules of
Procedure [Sec. 3 and 4], initiation of complaint for election
offenses may be done motu proprio by the Commission or upon
written complaint of any citizen, candidate or registered political
party or organization under the party-list system or any of the
accredited citizens arms of the Commission. However, such
complaint should be filed with the “Law Department of
Commission; or with the offices of the Election Registrars Provincial
Election supervisors, Regional Election Directors, or the State
Prosecutor, Provincial Fiscal or City Fiscal” [now Prosecutor].
 Hence, the Ombudsman or Prosecutor as such, assumes no
role in the prosecution of election offenses.
 If he files an information charging an election offense or
prosecutes a violation of election law, it must be because he
has been deputized by the Commission. He does not do so
under the sole authority of his office. [Art. XI, Sec. 6].
Art. IX-C, Sec. 2(7). The Commission on Elections shall exercise the
following powers and functions:
Recommend to the Congress effective measures to minimize
election spending, including limitation of places where propaganda
materials shall be posted, and to prevent and penalize all forms of
election frauds, offenses, malpractices, and nuisance candidacies.
Recommend Measures
Examples:
(a) Those that would curb overspending;
(b) Ensure the enforcement of the fair and equal exposure rule
for political parties and their candidates, including limitation
of places where propaganda materials shall be posted, and
(c) Prevent a strong party or candidate from taking undue
advantage of the weakness of the others

 Nuisance candidate – a candidate who has no bona fide
intention to run for office.
Art. IX-C, Sec. 2(8). The Commission on Elections shall exercise the
following powers and functions:
Recommend to the President the removal of any officer or
employee it has deputized, or the imposition of any other
disciplinary action, for violation or disregard of, or disobedience to,
its directive, order, or decision.
Recommend Removal or Disciplinary Action
 The President may or may not allow the recommendation of
the COMELEC. However, since the deputization was with the
concurrence of the President, it is unlikely that he will
disregard the recommendation of the Commission.
Omnibus Election Code [OEC], Sec. 52(a). Powers and functions
of the Commission on Elections – n addition to the powers and
functions conferred upon it by the Constitution, the Commission
shall have exclusive charge of the enforcement and administration
of all laws relative to the conduct of elections for the purpose of
ensuring free, orderly and honest elections, and shall:
(a) Exercise direct and immediate supervision and control over
national and local officials or employees, including members
of any national or local law enforcement agency and
instrumentality of the government required by law to
perform duties relative to the conduct of elections. In
addition, it may authorize CMT cadets eighteen years of age
and above to act as its deputies for the purpose of enforcing
its orders.
Tan v. COMELEC, [1994]. It is the department or agency to which
the charged official or employee belongs which has the ultimate
authority to impose the disciplinary penalty.
 As to the officers and employees appointed by the
Commission, it can remove them for cause.
Art. IX-C, Sec. 2(9). The Commission on Elections shall exercise the
following powers and functions:
Submit to the President and the Congress, a comprehensive report
on the conduct of each election, plebiscite, initiative, referendum,
or recall.
Submit Report
Election Law [based on De Leon (2014)]
Atty. A.M. Vanguardia
 The report required should contain a description on how a
previous election (regular or special), plebiscite, initiative,
referendum, or recall was conducted and what laws or
regulations, if any, were violated.
 The COMELEC may also make recommendations with respect
to flaws or defects it has discovered in the enforcement of the
election laws.
 Without the provision, the Commission, because of its
independence, may refuse to give any information at all to
other branches of the government.
Power to Punish for Contempt
 As an incident of the power, the COMELEC may also punish
for contempt in those cases provided for in Rule 64, ROC. The
power to punish for contempt is inherently judicial in
character.
 In the exercise of its administrative functions, the COMELEC
has no power to hold a person for contempt.
(1) Guevarra v. COMELEC, [1958]. The COMELEC has no power
to punish for contempt a reporter who wrote an article
regarding a contract for the manufacture and supply of ballot
boxes to the Commission on the ground that the article in
question tended to interfere with the Commission in the
adjudication of a controversy pending before it. The act of the
Commission in requisitioning for the required ballot boxes is
a ministerial duty to be performed in connection with its
administrative capacity.
(2) Masangcay v. COMELEC, [1962]. The COMELEC does not
possess the power to punish for contempt a person for failing
to follow the procedure in the distribution of ballots and
other election paraphernalia. Resolutions of the COMELEC
concerning the procedure to be followed in the distribution
of ballots and other election paraphernalia call for the
exercise of the administrative or ministerial function and for
violations of said resolution the Commission has no power to
punish for contempt.
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