DISPOSITION OF ELECTION RETURNS

Comelec’s authority during appeal:

Electronic retursn for AES - each copy of the printed election returns shall Composition of BOC
bear appropriate control marks to determine the time and place of Rulings questioning the ER
printing Petitions directly field with it

Each copy shall be signed and thumbmarked by all members of the board So note:
of election inspectors and the watchers present. Thereafter, the copies of GR: comelec has no jurisdiction over pre proclamation cases pertaining to the:
the election returns shall eb sealed and placed in the proper envelopes for 1. Pres
distribution. 2. Vp
3. Sen
Any person may view or capture an image of the election return by means 4. HR
of any data capturing device at any tiem of teh day for 48 hrs following its
posting. After such period, the chairman of the board of election Except:
inspectors shall detach the election return from the wall and kepp the 1. When the canvassing body motu proprio or upon written complaint of an
same in his custody to be produced as may be requested by any voter for inetrested person to correct manifest errors in the certificate of canvass of
image or data capturing. election returns before it
2. When the question affects the composition or the proceedings of the BOC
Provisions on canvass and proclamation that are grounds for pre and
proclamation controversies: 3. Determination of the authenticity and due execution of the certificate of
1. ERs missing canvass pursuant to SEc 30, RA 9369.
2. Material defects in the ERs
3. When Ers have Nature of a pre proclamation controversy -
4. Discrepancies Summary in character - must be promptly decided so as not ot delay teh
canvass and proclamation.
Sec 233 - But note: if the missing
when election returns will not BOC will not look into allegations of irregularity that are not apparent on teh
election affect the resuts of the face of ers that appear as otehrwise authentic and duly accomplished.
returns election, the BOC may
are terminate the canvass and 2 PROVISIONS DISTINCT UNDER THE AES LAW
delayed, proclaim winner based on 1. Under the AES, PPC that may be filed directly with the comelec is only on the
lost, available ER. All in relation to the ground of illegal composition or the proceedings of teh BOC.
destroye PTRCA 2. A candidate is defined as a person seeking or aspiring for an elective office
d who has not died, withdraw or disqualified for any cause.
Sec 234 - It should clearly appear that 1. Preparation
material some requisites in form or 2. Transmission Note:
defects in data had been ommitted in 3. Receipt 1. These allegations must be evident from teh face of teh said document.
ERs the election return 4. Custody Absent strong evidence from such face, the ER shall eb accorded a prima facie
5. Appreciation of election status as bona fide reports of the results of the count of votes.
Note: returns
The right of a candidate to PROCEDURAL REQUIREMENTS IN A PRE PROCLAMATION CONTROVERSY
this shall not be lost or Sec 20, RA 7166 - 2 step rule or requirement of
affected by teh fact that an 1. Verbal objection to the inclusion of the ER
election protest is 2. Formalized in writing within 24 hrs
subsequently field by any of Failure to comply, fatal to a candidate’s cause - leaving him with no otehr
teh candidate. remedy than and EP.
Sec 235 When Ers appear to be
tampered with or falsified.
Sec 236 Discrepancies of ERs Procedure:
1. Any candidate, polotical party or coalition contest the inclusion or exclusion
PRE PROCLAMATION CONTROVERSY in the canvass of any ER or any grounds shall submit their oral objection to the
chairman of the BOC at the time the question return is presented for inclusion
A pre proclamation controversy refers to any question: in teh canvass.
1. Pertaining to or affecting the Note that this instance may be 2. Upon receipt of the objection, teh BOC shall automatically defer the canvass
proceedings of teh BOC which initiated with the board or directly of contested returns and proceed to canvass the uncontested returns
may be raised by any candidate or with the comelec 3. Simultaneous with the oral objection, the objecting party should reduce the
by any registered political party same to a written objection within 24 hrs from presentation of objection and
submit evidence to support the same.
2. Any matter resied udner section But here, raise first before the 4. Upon receipt of evidence, teh board shall keep the contested ERs, consider
233,234,235 and 236 in relation to BOC. the objection s and oppositions and sumamrily and immediately rule thereon,.
the preparation, transmission, 5. Any party adversely affected by the ruling shall immediately inform the BOC
receipt, custody and appreciation if he intends to appeal.
of election returns 6. after all contested returns canvassed, and ruled upon, the board shall
suspend teh canvass and the adversely affected party may file with the board a
verified written notice of appeal and within an unextendible period of 5 days
thereafter an appeal may be taken to teh comelec.
Note: the commission has exclusive jurisdiction of all preproclamation 7. Immediately, upon receipt of the NOA board shall make an appropriate
controversies and can: report the commission elevating the records and evidence and copies of the
1. Motu proprio or report.
2. Upon written petition and after due notice and hearing, order teh partial 8. The comelec shall decide summarily the appeal within 7 days from receipt of
or total suspension of the proclamation of any candidate elect or annul the said record and evidence. Decision shall be executory after the lapse of 7
partial or total suspension of the proclamation of any candidate elect or days from the receipt by the losing party.
annul a proclamation. 9. Teh BOC shall not proclaim any candidtaeas winner unless authorized by the
comelec after the latter has ruled on the object brought to it on appeal by the
Note: losing party. Any proclalamtion made in violation thereof shall be void ab initio
1. The exception to comelec’s exclusive jurisdiction is the elections for unless the contested returns will not adversely affect the results of teh election.
president, vice president, senator and member of HR.
Note:
1. It is possible for a candidate to get zero votes in one or few precincts and
such bare fact cannot support a finding that the ER are statistically improbable.
Lagumbay doctrine
Where there exists uniformity of tallies in favor of the candidates beloning
to one party and the systematic blanking out of the opposing candidates
as when all the candidates of one party received all teh votes, teh ERs are
obviously manufactures, contrary to all statistical improbabilities and
utterly improbable and clarly incredible.

Results of the election

Not statutorily defined - net result of the election; teh result of teh
precincts in a given constituency
such that if the margin of a leading candidate over that of his
closest rival in the latter precincts is less than teh total number of
votes in teh precinct where there was failrue of election, that such
failrue would certainly affect results of the election.

Election protest
A special statutory proceeding designed to contest teh right of a person,
declared elected to enter upon and hold office. Strictly, a contest between
teh defeated and teh winning candidate as to who actually obtained the
majority of teh legal votes and therefor is entiteld to hold office.

Purpose: to ascertain whether the candidate proclaimed elected by teh

BOC is really the lawful choice of the electorate.

Nature of proceeding: Formal judicial proceeding that goes into teh

correctness of the counting and appreciation of ballots,
disenfranchisement of voters, other election irregularities.

Who can file: Can only be filed by a candidate who has duly filed a COC
and has been voted for

Perido to file: Within 10 days from proclamation.

Grounds:
1. Fraud
2. Vote buying
3. Terrorrism
4. Presence of flying voters
5. Misreading and misappreciation of the ballots
6. Disenfranchisement of voters
7. Otehr election irregularities

Standards in election protest

1. Ballots cannot be used to overturn the official as refelected in hte ERs
unless it is first shown affirmatively that the ballots have been preserved
with care which precludes the opprotunity of tampering and suspicion of
change, absttraction or substitution
2. The burden of proving that the integrity of the balllots has been
reserved in such a manner is on the protestant
3. Where a mode of preserving the ballots has been enjoined by law, proof
must be made of such substantial compliance with the requirements of
that mode as woudl provide assurance that the ballots have been kept
inviolate notwithstanding slight deviations from the precise mode of
achieving that end
4. It is only when the protestant has shown substantial compliance with teh
provisions of law on the preservation of ballots that the burden of proving
actual tampering or likelihood thereof shifts to teh protestee and
5. only if it appears to the satisfaction of teh court or comelec that the
integrity of the ballots has been preserved should it adopt the result as
shown by teh recount and not as reflected in the ER.

Note:
1. Followign the rosal doctrine, it is presumed that the BEi and the BOC
had faithfully performed the solemn duty reposed onto them during the
day of the elections
2. Disputable presumptions: (consdiered as facts unless contradicted)
a) On election procedure:
i. Election of candidated was held on te hdate and time set
and in the polling palce determiend by comelec
ii. Bei duly constituted and organized
iii. Poliitcal parties and candidates were duly represented by
the poll watchers
iv. Minutes of voting and counting contains all incidents
that transpired before the BEI
b) On election paraphernalia
i. Ballots and ER that bear security markings are genuine
ii. Data and information supplied by the members of the
BEI in the accountabel forms are ture and correct and
iii. The allocation, packing and distribution of election
documents or paraphernalia were properly and timely
done.