Special Proceedings Disqualification of a Candidate SECTION 68, OEC, in relation to other statutes

Petition for disqualification Venue Law Department of the COMELEC

ELECTION LAW

Cancellation of CoC SECTION 78, OEC

Petition to deny due course or to cancel CoC Law Department of the COMELEC

Failure of Elections SECTION 6, OEC

Petition to declare failure of elections COMELEC en banc

Pre-proclamation controversy SECTION 241-248, OEC

Petition to annul or to suspend proclamation Board of Canvassers, COMELEC sitting in Division Matters raised under Sections 233, 234, 235, and 236 of the OEC in relation to the preparation, transmission, receipt, custody and appreciation of the election returns, and the Certificate of Canvass shall be brought in the first instance before the board of canvassers concerned only. Not later than the date of official proclamation of winning candidates

Election protest SECTION 249-260; OEC ART.VI, SEC.17, CONST.

Election protest COMELEC regional, provincial or city elective officer RTC municipal officer MTC barangay officer HRET for members of the House of Representatives SET for members of the Senate PET for contests involving the Presidency Within ten days after proclamation of the results of the election.

Quo Warranto SECTION 253, OEC; RULE 66, ROC

Petition for quo warranto COMELEC regional, provincial or city elective officer RTC municipal officer MTC barangay officer HRET for members of the House of Representatives SET for members of the Senate PET for contests involving the Presidency

Period to file

On any day after the last day for filing of CoC but not later than the date of proclamation

At any time not later than twenty-five (25) days from the time of filing of the CoC

Who may petition

Any citizen of voting age, or duly registered political party, organization or coalition of political parties

Any citizen of voting age or a duly registered political party, organization, or coalition or political parties

After elections but before proclamation. Unless a shorter period is deemed necessary by the circumstances, within two (2) days from receipt of the notice of hearing, any interested party may file an opposition Any interested party

Within ten (10) days after the proclamation of the results of the election

Any candidate, or Any registered political party or coalition of political parties

Any candidate who has duly filed a CoC and was voted for the same office and who received the second or third highest number of votes or, in a multi-slot position, was among the next four candidates following the lastranked winner duly proclaimed Any registered political party or coalition of political parties to whom such candidate belongs Contests relating to the elections, returns, and qualifications of elective officers Election protest refers to an

Any registered voter who has voted in the election concerned Under the ROC, only the Solicitor General. Individual allowed to file petition if he claims title to the contested office.

Grounds

Candidate does not possess all the qualifications of a candidate as provided for by the Constitution or by existing law, or commits any act declared by law to be grounds

Exclusive ground that any material representation contained in the COC as required by Section 74 of the OEC is false

1) Force majeure, violence, terrorism, fraud, or other analogous causes results to failure to elect due to the election in any polling place:

A pre-proclamation controversy refers to any question pertaining to or affecting the proceedings of the board of canvassers, or matters in relation to the

1) Ineligibility or 2) Disloyalty to the Republic of the Philippines The issue in a quo warranto under the OEC is whether the

Election law Prof. Gigi Reyes Sandra M.T. Magalang

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for disqualification 1) Candidate is a permanent resident of or an immigrant to a foreign country 2) Declared by final decision of competent court or by the COMELEC to be guilty of having: a. given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions; b. committed acts of terrorism to enhance his candidacy; c. spent in his election campaign an amount in excess of that allowed by the Omnibus Election Code; d. solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; or e. violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6 of the OEC Hearing Appeal Notes

a. not being held on the date fixed, or b. had been suspended before the hour fixed by law for the closing of the voting, or c. FM, V, T, F occurring after the voting and during the preparation and the transmission of the election returns or in the custody or canvass thereof, 2) votes not cast would affect the result of the election

preparation, transmission, receipt, custody and appreciation of election returns. 1) Illegal composition or proceedings of the board of canvassers; 2) 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; 3) The election returns were prepared under duress, threats, coercion, or intimidation, or they are obviously manufactured or not authentic; and 4) 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. Sumary

election contest involving the election and returns of municipal elective officials, grounded on fraud or irregularities committed in the conduct of the elections, i.e., in the casting and the counting of the ballots, in the consolidation of votes and in the canvassing of returns, not otherwise classified as a preproclamation controversy cognizable by the COMELEC. The issue is who obtained the plurality of valid votes cast.

respondent possesses all the qualifications and none of the disqualifications prescribed by law. Under the Rules of Court: An action for the usurpation of a public office or position may be commenced by a verified petition brought in the name of the Republic of the Philippines against: (a) A person who usurps, intrudes into, or unlawfully holds or exercises a public office, position or franchise; or (b) A public officer who does or suffers an act which, by the provision of law, constitutes a ground for the forfeiture of his office.

Election law Prof. Gigi Reyes Sandra M.T. Magalang

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