Remedies

before
Proclamation
 Delineation of Jurisdiction of Congress as
National Board of Canvassers and Electoral
Tribunal

– No conflict of Jurisdiction
– Powers of congress and COMELEC en banc as
National Canvassers and Electoral Board are
exercised on different occasions and on different
purposes
 COMELEC en banc or
Congress as NBOC
JURISDICTION To determine the authenticity
and due execution of the
certificate of canvass
transmitted to it and
canvasses.
TERMS OF JURISDICTION Before the proclamation of
the winning presidential, vice and SET can only be invoked
presidential and senatorial
candidates
Electoral Tribunal
The sole judge of all contests
relating to election returns
and qualifications of
1) Members of the Senate
2) President and V. President
in case of the PET
The jurisdiction of the PET
once the winning
presidential, vice presidential
and senatorial candidates
have been proclaimed
Remedies or Election cases
before Proclamation
1) Petition not to give due course to Certificate of
Candidacy
2) Petition for disqualification
3) Postponement and Failure of Election
4) Pre-proclamation controversies
Petition not to give due course
to Certificate of Candidacy
– Requisites for the grant of a petition to deny due course
to or cancel a certificate of candidacy
– 1. Material misrepresentation in the qualifications for
elective office, which includes age, residency, citizenship,
and any other legal qualifications necessary to run for an
elective office; and
– 2. Deliberate attempt to mislead, misinform or hide a
fact which would otherwise render a candidate ineligible.
Petition not to give due course
to Certificate of Candidacy

– The petition may be filed not later than 25 days

from the time of filing of the certificate of
candidacy, and shall be decided after due notice
and hearing, not later than 15 days before the
election. (OEC, Sec. 78)
– Jurisdiction over a petition to cancel a certificate
of candidacy lies with the COMELEC in division,
not with the COMELEC en banc.
 Petition not to give due course
to Certificate of Candidacy
– Sec. 69 (Nuisance Candidates)
– The Commission may motu proprio or upon verified petition of an interested
party, refuse to give due course to or cancel a certificate of candidacy if it is
shown that said certificate has been filed to put the election process in
mockery or dispute, or to cause confusion among voters by similarity of the
names of the registered candidates or by other circumstances or acts which
clearly demonstrate that the candidate has no bona fide intention to run for
the office for which the certificate of candidacy has been filed and thus
prevent a faithful determination of the true will of the electorate.
Petition for Disqualification

– Any candidate who, in an action or protest in

which he is a party, is declared by final decision of
a competent court guilty of or found by the
Commission to be suffering from any
disqualification provided by law or the
Constitution may be disqualified.
Petition for Disqualification

– Who may file – Any registered voter or any duly

registered political party, organization or coalition
of political parties
– Period to file the petition – any day after the last
day for filing of certificate of candidacy but not
later than the date of proclamation
 Postponement and Failure of
Election

– Grounds for Postponement of Election

a. Violence
b. Terrorism
c. Loss or Destruction of election paraphernalia or records
d. Force Majeure
e. Other analogous causes of such a nature that the holding of a free, orderly
and honest election becomes impossible in any political subdivision
 Postponement and Failure of
Election
Petition to suspend proclamation and/or annulment of results on the ground of
failure of elections
– 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.
– Failure to elect must be understood in its literal sense which is, nobody can
validly emerge as a winner. Therefore, that the winning candidate has been
proclaimed and has assumed office does not ipso facto deprive the COMELEC of
its authority to annul any canvas and illegal proclamation.
Postponement and Failure of
Election

3 instances where failure of election may be declared:

a. The election in any polling place has not been held on
the date fixed
b. The election in any polling place had been suspended
before the hour fixed by law for the closing of the voting
c. After the voting and during the preparation and
transmission of the election returns or in the custody or
canvass thereof such election result in a failure to elect.
 Postponement and Failure of
Election

– Requisites:
a. No voting took place in the precinct/s on the date fixed by law, or
even if there was voting, the election resulted in a failure to elect.
b. The votes not cast would have affected the result of the election
c. The cause of such failure of election should have been on account
of force majeure, violence, terrorism, fraud or other analogous
causes.
 Postponement and Failure of
Election

– Special Election in case of Postponement, Suspension or Failure of Election

– On the basis of a verified petition by any interested party and after due
notice and hearing
– In fixing the date for special elections
– It should be not later than 30 days after the cessation of the cause of the
postponement or suspension of the election or failure to elect
– It should be reasonably close to the date of the election not held, suspended or
which resulted in the failure to elect.
Pre-Proclamation Controversies

– Refers to any question pertaining to or affecting the

proceedings of the board of canvassers, and the
preparation, transmission, receipt, custody and
appreciation of election returns which may be raised by
any candidate or by any registered political party or
coalition of political parties before the board or directly
with the COMELEC.
 Pre-Proclamation Controversies

– Generally covers only 2 issues:

a. Illegal composition of the Board of Canvassers – it exists when among other similar
circumstances, any of the members does not possess legal qualifications and
appointments.
b. Illegal proceedings of the BOC – it exists when the canvassing is a sham or a mere
ceremony, the results of which are pre-determined and manipulated as when any of the
following circumstances are present:
- Precipitate canvassing
- Terrorism
- Lack of sufficient notice to the members of the BOCs
- Improper venue
Pre-Proclamation Controversies

– General rule: Pre-proclamation cases shall be

allowed only in local elective position except
barangay offices
– In elections for national offices and for barangay
elections, pre-proclamation controversies are
prohibited
Pre-Proclamation Controversies

Exceptions
1. Correction of manifest errors
2. Questions affecting the composition or proceedings of
the board of canvassers and
3. Determination of the authenticity and due execution of
certificates of canvass as provided in Sec. 30 of R.A.7166,
as amended by R.A. 9369.
 Pre-Proclamation Controversies

When are pre‐proclamation cases terminated?

– GR: At the beginning of term of the officers. (Sec. 16, R.A. No. 7166)
– XPNS:
1. When based on evidence, COMELEC determines that petition is
meritorious
2. The SC in a petition for certiorari issues a contrary order; or
3. The case is not a pre‐proclamation case.
 Pre-Proclamation Controversies

Procedure on Pre-Proclamation Controversies

– Who may raise – Any candidate or any registered political party,
organization or coalition of political parties
– Before whom – Before the BOC, or directly with the Commission
– How initiated – By filing a verified petition either a) before the board or b)
directly with the Commission
– When to file – Immediately when BOC begins to act as such is objected
to, or immediately when the proceedings become illegal.
Pre-Proclamation Controversies

Petition to annul or suspend the proclamation?

– Remedy where there is manifest error in the face of the
returns, and a winning candidate is about to be, or has
already been proclaimed on the basis thereof.
– The filing of a petition to annul or suspend the
Proclamation shall suspend the running of the period
within which to file an election protest or quo warranto
proceedings.