ELECTION LAW: SUMMARIZED BY ORLAND B.

BARENG JR
1

INTRODUCTION
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 popular
vote. It is the direct participation of the voters in the affairs of their government.
The Omnibus election Code (BP. 881) is the basis law on elections. The purpose of the
governing statutes is to protect the integrity of elections to suppress all evils that may
violate its purity and defeat the will of the voters.

CHAPTER I: THE COMELEC

A: COMELEC: entrusted with the enforcement of the election law and the inquiry into and
resolution of dispute or controversy dealing with elections, other than what is expressly
withheld. By the very nature of their duties and responsibilities, the members of the
commission must be independent.
Measures to ensure the independence of the COMELEC:
1)
2)
3)
4)

Members are given fixed terms.

Their salaries shall not be decreased
Avoid conflict of interest
Can only be removed from office on impeachment for and conviction of, culpable
violation of the constitution, treason, bribery, other high crimes, or graft and
corruption.

B: COMPOSITION:
Chairman and 6 commissioners:
1)
2)
3)
4)

natural-born citizens of the Philippines

At least 35 years old at the time of their appointment
Holders of college degree
Must not have been candidates for any elective position in the immediately
preceeding elections.
5) Majority of them must be a member of the Philippine Bar who have been engaged in
the practice of law for at least 10 years.
C: POWERS AND FUNCTIONS:
I: To enforce and administer election laws.
II: To adopt measures to insure free, honest and orderly elections: The comelec is
in a better position than any other organ of the government to assure purity of suffrage.
Unless shown to be patently illegal, the SC should accord greatest respect to the means
adopted by the commission to resolve political questions concerning the elections and
give its actions the greatest presumption of regularity.
Success is the result of perfection, hard work, learning from failure, loyalty, and
persistence- Powell

ELECTION LAW: SUMMARIZED BY ORLAND B. BARENG JR

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III: To investigate and prosecute election offenses: Election offenses committed by
election officials in relation to their office can only be investigated and prosecuted by the
Commission, not by the Ombudsman, and the same can be triad only before the regular
courts, not the Sandiganbayan.
IV: Punish for Contempt
V: Make adjustments in reapportionment of districts
VI: Recommend administrative disciplinary sanctions against any officer
deputized by it to help in the enforcement of election laws.
VII: Act as board of canvassers for senators
VIII: Issue rules and regulations to implement the OEC; and
IX: To exercise adjudicatory and administrative power
D: COMELECS JURISDICTION
I: Adjudicatory jurisdiction (Sec. 2(2), Art. IX-C, Constitution)
1) Exercise exclusive and original jurisdiction over all contests relating to the elections,
returns, and qualifications of all elective regional, provincial, and city officials
2) Appellate jurisdiction over all contests involving elective municipal officials decided
by the trial courts of general jurisdiction.
3) Appellate jurisdiction over all contests involving elective barangay officials decided
by the trial courts of limited jurisdiction.
NOTA BENE:
Cases before a Division may only be entertained by the COMELEC en banc when the
required number of votes to reach a decision, resolution, order or ruling is not obtained in
the Division. Moreover, only motions to reconsider decisions, resolutions, orders or rulings
of the COMELEC in Division are resolved by the COMELEC en banc. (Garvida vs.
comelec)1
Any decision of the COMELEC en banc as regards election cases decided by it in the first
instance is null and void (Sarmiento vs. Comelec).2
Exceptions:

1 Garvida vs. comelec, G.R. No. 124893,April 18, 1997

2 Sarmiento vs. Comelec, 212 SCRA 307 (1992)
Success is the result of perfection, hard work, learning from failure, loyalty, and
persistence- Powell

ELECTION LAW: SUMMARIZED BY ORLAND B. BARENG JR

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1) Estoppels, when one participated in the proceedings and sought affirmative reliefs
from the COMELEC en Banc.
2) The case is purely administrative and not quasi-judicial in nature.
3) Majority vote is not obtained in the COMELEC in division.
4) Petitions for postponement or for declaration of failure of elections. (Sec 4, RA 7166)
5) Prosecution of election cases.
Under the present rule, a motion for reconsideration of a ruling, resolution or decision of
the COMELEC en banc is allowed in cases involving election offenses. (Faelnar vs.
Comelec)3
Every pleading before the COMELEC must be printed, mimeographed or typewritten in
legal size bond paper and filed in at least ten (10) legible copies. Pleadings must be filed
directly with the proper Clerk of Court of the COMELEC personally, or, by registered mail.
(Garvida vs. comelec)4
The Supreme Court has no power to review via certiorari an interlocutory order or even a
final resolution of a Division of the COMELEC. Failure to abide by this procedural
requirement constitutes a ground for dismissal of the petition. The Supreme Court,
however, has ruled in the past that this procedural requirement [of filing a motion for
reconsideration] may be glossed over to prevent a miscarriage of justice, when the issue
involves the principle of social justice or the protection of labor, when the decision or
resolution sought to be set aside is a nullity, or when the need for relief is extremely
urgent and certiorari is the only adequate and speedy remedy available. (Blanco vs.
Comelec)5
II: Jurisdiction over petitions for disqualification
The COMELEC has jurisdiction over petitions for disqualification of municipal, provincial,
city, congressional, senatorial, vice-presidential and presidential officials filed before the
elections. If the petition is not finally decided before the election, the comelec shall
continue to hear and resolve the case after the election as provided for in Sec. 6 of RA. No.
6646.
The Municipal trial court has jurisdiction over petitions for disqualification as well as for
quo warranto and election protest involving barangay election officials.
The mere filing of a petition for disqualification before the election is not a ground to
suspend the proclamation of the winning candidate. In the absence of an order suspending
3 Faelnar vs. Comelec, G.R. Nos. 140850-51, May 4, 2000
4 SUPRA
5 Blanco vs. comelec, G.R. No. 180164

June 17, 2008

Success is the result of perfection, hard work, learning from failure, loyalty, and
persistence- Powell

ELECTION LAW: SUMMARIZED BY ORLAND B. BARENG JR

4
the proclamation, the winning candidate who is sought to be disqualified is entitled to be
proclaimed as a matter of law.
Petitions for review to SC: Decisions and rulings of the COMELEC En Banc may be brought
to the Supreme Court on Certiorari under Rule 64 and 65 of the Revised Rules of Court
within 30 days from receipt of a copy thereof.
The commission has the power to decide, except those involving 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.
RIGHT TO VOTE: determination whether or not a person can exercise or is precluded from
exercising the right of suffrage. The question of inclusion or exclusion from the list of
voters involves the right to vote.

CHAPTER I: ELIGIBILITY OF CANDIDATES

A: QUALIFICATIONS:
I: President and Vice-President (Sec 2 and 3, Art. VII, 1987 Constitution)
1)
2)
3)
4)
5)

Natural-born citizen of the Philippines

Registered Voter
Able to Read and Write
At least forty years of age at the day of the election
Resident of the Philippines for at least 10 years immediately preceding the election

II: Batasang Pambansa

City, provincial/district representative
1)
2)
3)
4)

Natural-Born
At least 25 years of age at the time of the election
Able to read and write
Registered voter in the constituency in which he shall be elected, and a resident
thereof for a period of not less than 6 months immediately preceding the day of the
election.

III: Sectoral
1) Natural-born citizen of the Philippines
2) Able to read and write
3) Resident of the Philippines for a period of not less than 1 year immediately
preceding the day of the election.
4) Bonafide member of the sector he seeks to represent

Success is the result of perfection, hard work, learning from failure, loyalty, and
persistence- Powell

ELECTION LAW: SUMMARIZED BY ORLAND B. BARENG JR

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5) Registered voter and at least 25 years of age on the day of the election.
( agricultural or industrial labor sector)
6) Not more than 25 years of age on the day of the election (youth sector).
The party-list system is composed of three different groups: (1) national parties or
organizations; (2) regional parties or organizations; and (3) sectoral parties or
organizations. National and regional parties or organizations are different from sectoral
parties or organizations. National and regional parties or organizations need not be
organized along sectoral lines and need not represent any particular sector. (Paglaum vs.
comelec)6
IV: Local Officials (LGC, RA 7160, Sec. 39)
1)
2)
3)
4)
5)

Citizen of the Philippines

Registered voter in the xxx the distict where he intends to be elected
Resident therein for at least 1 year immediately preceding the day of the election
Able to read and write Filipino or any other local language or dialect
AGE of candidates (Gov., V-Gov., Officials of highly urbanized cities must be at least
23 years of age on election day) (Mayor, V-Mayor of independent component cities,
component cities, or municipalities must be at least 21 years of age on election
day.) (S-Bayan, S-panlungsod, must be at least 18 years of age on election day)
(Barangay Officials, must be at least 18 years of age on election day.)

Note; The qualifications prescribed for elective office cannot be erased by the electorate
alone. The will of the people as expressed through the ballot cannot cure the vice of
ineligibility, especially if they mistakenly believed that the candidate was qualified.
(Frivaldo vs. comelec)7
V: Citizenship Requirement
Who are citizens of the Philippines? (never mind, just memorize it )
Natural-born: those who are citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine citizenship.
REACQUISITION: A Filipino citizen who lost his natural-born citizenship by naturalization
abroad may reacquire his Filipino Citizenship by naturalization, by repatriation, or by direct
act of the congress. Repatriation results in the recovery of the original nationality. Once
the petition is approved, his reacquisition of Filipino citizenship retroacts to the date of the
filing of the said petition, validates his registration as a voter also as of said date, and
makes him qualified candidate for an elective position.
6 Paglaum vs. Comelec G.R. No. 203766, April 2, 2013
7 Frivaldo vs. comelec, G.R. No. 87193, June 23, 1989
Success is the result of perfection, hard work, learning from failure, loyalty, and
persistence- Powell

ELECTION LAW: SUMMARIZED BY ORLAND B. BARENG JR

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Forfeiture of foreign citizenship could not have the effect of automatically restoring his
citizenship in the Philippines that he had earlier renounced. xxxPhilippine citizenship
previously disowned is not that cheaply recovered. (Frivaldo vs. comelec)8
Macquiling vs. Comelec: If we allow dual citizens who wish to run for public office to
renounce their foreign citizenship and afterwards continue using their foreign passports,
we are creating a special privilege for these dual citizens, thereby effectively junking the
prohibition in Section 40(d) of the Local Government Code. 9
VI: Residency Requirement
Residence, for the purpose of meeting the qualification for an elective position, means
domicile or the individuals permanent home, a place to which, whenever absent for
business or pleasure, one intends to return, and depends on facts and circumstances in
the sense that they disclose intent.
The constitution does not require that a candidate should own a house or a property in
order to be qualified to run. All that is required is his intention to make it his domicile for
all political purposes as shown by his contemporaneous words or acts.
Note: Domicile, once acquired is retained until a new one is gained. Domicile of origin is
not easily lost. To successfully effect a change of domicile, one must demonstrate:
1. An actual removal or an actual change of domicile;
2. A bona fide intention of abandoning the former place of residence and establishing a
new one; and
3. Acts which correspond with the purpose. (Marcos vs. comelec)10
B: DISQUALIFICATIONS
I: (Section 40, LGC) Local Officials
1) Those sentenced by final judgment for an offense involving moral turpitude or for an
offense punishable by 1 year or more of imprisonment, within 2 years after serving
sentence.
2) Those removed from office as a result of an administrative case.
3) Those convicted by final judgment for violating the oath of allegiance to the
republic.
8 SUPRA
9 Macquiling vs. COMELEC, G.R. No. 195649 July 2, 2013
10 Marcos vs. comelec, G R. No. 119976, September 18, 1995
Success is the result of perfection, hard work, learning from failure, loyalty, and
persistence- Powell

ELECTION LAW: SUMMARIZED BY ORLAND B. BARENG JR

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4) Those with dual citizenship ( case of maquiling)
5) Fugitives from justice in criminal or non-political cases here or abroad.
6) Permanent resident in foreign country or those who have acquired the right to
reside abroad and continue to avail of the same right after the effectivity of this
code; and
7) Insane or feeble-minded
II: (Section 1, Omnibus Election Code) Local and National Officials
1) Any person who has been declared insane or incompetent by competent authority.
2) Any person who has been sentenced by final judgment for subversion, insurrection
or rebellion.
3) Any person who has been sentenced by final judgment for any offense with a
corresponding penalty of more than 8 months; and
4) Any person who has been sentenced by final judgment for a crime involving moral
turpitude.
* Note: This section does not apply to those who has been given plenary pardon or
amnesty.*
III: (Section 68, Omnibus Election Code) Local and National Officials
1) Commission of an election offense; and
2) Permanent resident of or an immigrant to a foreign country.
IV: Other grounds for disqualification
Three-term Rule
No local elective official shall serve more than three consecutive terms. This restriction
also applies to congressmen, and with respect to Senators they shall serve for not more
than two-consecutive terms. Sec. 8, Article X of the Constitution and Sec 43 of the LGC.
Requisites:
1) The official concerned has been validly elected for three consecutive terms in the
same local government post; and
2) He has fully served three consecutive terms.
An assumption of office cannot be deemed to have been by reason of a valid election if it
is by reason of a void proclamation. It has been repeatedly held by this court that a
proclamation subsequently declared void is no proclamation at all. (Lonzanida vs.
comelec)11
Court held that the "interruption" of a term exempting an elective official from the threeterm limit rule is one that involves no less than the involuntary loss of title to office. The
11 Lonzanida vs. comelec, G.R. No. 135150, July 28, 1999
Success is the result of perfection, hard work, learning from failure, loyalty, and
persistence- Powell

ELECTION LAW: SUMMARIZED BY ORLAND B. BARENG JR

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elective official must have involuntarily left his office for a length of time, however short,
for an effective interruption to occur.On the other hand, temporary inability or
disqualification to exercise the functions of an elective post, even if involuntary, should
not be considered an effective interruption of a term because it does not involve the loss
of title to office or at least an effective break from holding office; the office holder, while
retaining title, is simply barred from exercising the functions of his office for a reason
provided by law.Preventive suspension, by its nature, does not involve an effective
interruption of a term and should therefore not be a reason to avoid the three-term
limitation. (Aldovino vs. comelec)12
In the case of Abundo vs. comelec, the court ruled that a declaration of being the
winner in an election protest grants the local elected official the right to serve the
unexpired portion of the term. Verily, while he was declared winner in the protest, his full
term has been substantially reduced by the actual service rendered by his opponent .
Hence, there was actual involuntary interruption. 13
JURISPRUDENCE ON 3-TERM RULE AS SUMMURIZED IN THE CASE OF ABUNDO
1.When a permanent vacancy occurs in an elective position and the official merely
assumed the position pursuant to the rules on succession under the LGC, then his service
for the unexpired portion of the term of the replaced official cannot be treated as one full
term as contemplated under the subject constitutional and statutory provision that service
cannot be counted in the application of any term limit (Borja, Jr.). If the official runs again
for the same position he held prior to his assumption of the higher office, then his
succession to said position is by operation of law and is considered an involuntary
severance or interruption (Montebon).
2. An elective official, who has served for three consecutive terms and who did not seek
the elective position for what could be his fourth term, but later won in a recall election,
had an interruption in the continuity of the officials service. For, he had become in the
interim, i.e., from the end of the 3rd term up to the recall election, a private citizen
(Adormeo and Socrates).
3. The abolition of an elective local office due to the conversion of a municipality to a city
does not, by itself, work to interrupt the incumbent officials continuity of service (Latasa).

4. Preventive suspension is not a term-interrupting event as the elective officers

continued stay and entitlement to the office remain unaffected during the period of
12 Aldovino VS COMELEC, G.R. No. 184836, December 23, 2009
13ABUNDO, SR., , v. COMMISSION ON ELECTIONS, G.R. No. 201716: JANUARY 08, 2013
Success is the result of perfection, hard work, learning from failure, loyalty, and
persistence- Powell

ELECTION LAW: SUMMARIZED BY ORLAND B. BARENG JR

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suspension, although he is barred from exercising the functions of his office during this
period (Aldovino, Jr.).
5. When a candidate is proclaimed as winner for an elective position and assumes office,
his term is interrupted when he loses in an election protest and is ousted from office, thus
disenabling him from serving what would otherwise be the unexpired portion of his term of
office had the protest been dismissed (Lonzanida and Dizon). The break or interruption
need not be for a full term of three years or for the major part of the 3-year term; an
interruption for any length of time, provided the cause is involuntary, is sufficient to break
the continuity of service (Socrates, citing Lonzanida).
6. When an official is defeated in an election protest and said decision becomes final after
said official had served the full term for said office, then his loss in the election contest
does not constitute an interruption since he has managed to serve the term from start to
finish. His full service, despite the defeat, should be counted in the application of term
limits because the nullification of his proclamation came after the expiration of the term

CHAPTER III: CERTIFICATE OF CANDIDACY

A: CERTIFICATE OF CANDIDACY
Statement of a person seeking to run for a public office certifying that he announces his
candidacy for the office mentioned and that he is eligible for the office, the name of the
political party to which he belongs, if he belongs to any, and his post-office address for all
election purposes being as well-stated.
A certificate of candidacy seasonably filed may be amended before the elections, even
after the date of its filing. It is substantial compliance with the law. Further the law giving
the form of the certificate is construed as directory.
B: SUBSTITUTION OF CANDIDACY
Sec 77 of the OEC requires that a substitute candidate should be a person belonging to
and certified by the same political party as the candidate to be replaced. For substitution
to take place, the withdrawal must be effected or the person sought to be replaced must
be disqualified, after the last day for the filing of certificate of candidacy. Substitution must
be made not later than mid-day of the day of the election.
Valid substitution presupposes that the candidate to be substituted by another must have
a valid certificate of candidacy duly filed with the COMELEC. A candidate whose COC has
been denied due course and cancelled under sec 78 of the OEC is not a candidate at all,
who can be validly substituted by another. (Miranda vs. Abaya)
Withdrawal: written declaration under oath. The withdrawal of candidacy in due form is
effective upon its submission to the office concerned. An attempt to withdraw the
Success is the result of perfection, hard work, learning from failure, loyalty, and
persistence- Powell

ELECTION LAW: SUMMARIZED BY ORLAND B. BARENG JR

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withdrawal is equivalent to filing anew a certificate of candidacy and comes too late if filed
beyond the period for filing a certificate of candidacy.

CHAPTER IV: PRE-ELECTION DISPUTES

A: GENERALLY: MODES OF CHALLENGING CANDIDACY
PETITION FOR
DISQUALIFICATI
ON
Grounds

Section 12 or 68
of the OEC, or
Section 40 of the
LGC. (Amora
vs. comelec)

Who
may file

Citizen of voting
age or duly
registered
political party,
coalition or
organization of
political parties.
Any day after the
last day of filing
of certificate of
candidacy but not
later than the
date of
proclamation.

Period
to file

PETITION TO
DENY DUE
COURSE OR TO
CANCEL COC
1)Any material
representation
contained in the
COC as required by
Sec. 74 of the OEC
is false.
2)
Deliberate
attempt to mislead,
misinform, or hide
fact which would
otherwise render a
candidate ineligible.
(THESE REQ. MUST
CONCUR)
Citizen of voting age
or duly registered
political party,
coalition or
organization of
political parties.
Any time not later
than 25 days from
the time of the filing
of the COC and shall
be decided, after
notice and hearing,
not later than 15
days before the
election.

PETITION TO DECLARE
NUISANCE CANDIDATE

Certificate of Candidacy has

been filed to put the election
process in mockery or disrespute
or to cause confusion among the
voters by the similarity of the
names of the registered
candidates or any other
circumstances or acts which
clearly demonstrate that the
candidate has no bona fide
intention to run for the office for
which the COC has been filed
and thus prevent a faithful
determination of the true will of
the electorate.
1)
any interested
party(candidate of the same
elective office)
2)
Commission may motu
proprio deny due course or
cancel the COC.
Within 5 days from the last day
of filing of Certificate of
Candidacy

Success is the result of perfection, hard work, learning from failure, loyalty, and
persistence- Powell

ELECTION LAW: SUMMARIZED BY ORLAND B. BARENG JR

11

B: PETITION FOR DISQUALIFICATION

I: Filed before election (Local officials)- Comelec will retain jurisdiction
Judgment before the election: the disqualified candidate shall not be voted for and the
votes cast for him are considered stray and shall not be counted. OEC requires final
judgment before the election for the votes of a disqualified candidate to be considered
stray.
Judgment after election: The votes obtained by the disqualified candidate cannot be
considered stray and in no case shall the second placer be proclaimed elected. The votes
for the disqualified candidate are presumed to have been cast in the belief that he is
qualified. The provision of the LGC on succession will apply.
Note:The COMELEC has jurisdiction over petitions for disqualification of municipal,
provincial, city, congressional, senatorial, vice-presidential and presidential officials filed
before the elections. If the petition is not finally decided before the election, the comelec
shall continue to hear and resolve the case after the election as provided for in Sec. 6 of
RA. No. 6646.
II: Filed after election but before proclamation
Where there is overwhelming evidence of guilt for violation of Sec. 68 of the code
committed immediately before the election as ground for disqualification filed after the
election but before the proclamation, the COMELEC in the exercise of its sound discretion
may assume jurisdiction, suspend the proclamation and disqualify the winning candidate.
NOTE: Petition for disqualification filed against a Senatorial or Congressional
Candidate before the election remains viable even after the election provided that
there is yet no proclamation. After the candidate sought to be disqualified has been
proclaimed, more so if he has taken his oath and assumed the discharge of his duties, the
COMELEC or the SC where the case is pending is divested of jurisdiction, and the losing
partys remedy is to file with the electoral tribunal a petition for quo warranto or election
protest.
Exception: when the proclamation is null and void.
Note: The electoral aspect of a disqualification case shall attach only to a particular
election. The electoral aspect of a disqualification case determines only whether the
offender should be disqualified from being a candidate or from holding office. Proceedings
are summary in character and require only clear preponderance of evidence. (Blanco vs.
comelec)14
14 SUPRA
Success is the result of perfection, hard work, learning from failure, loyalty, and
persistence- Powell

ELECTION LAW: SUMMARIZED BY ORLAND B. BARENG JR

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C: PETITION TO DENY DUE COURSE TO OR CANCEL CERTIFICATE OF CANDIDACY
Judgment must be rendered not later than 15 days before the election. However in the
case of Marcos vs. comelec, the court ruled that a statute requiring rendition of
judgment within a specified time is generally construed to be merely directory, "so that
non-compliance with them does not invalidate the judgment on the theory that if the
statute had intended such result it would have clearly indicated it."
A COC which is fatally defective or is filed beyond the prescribed period may also be
cancelled upon proper petition filed before the election. Votes for a person who has no
valid COC are stray votes and the candidate who obtained the next highest number of
votes may be declared elected.
A petition to disqualify a candidate, as would validly cancel any votes cast for him as
"stray votes" if granted, should be filed before the day of elections. This will enable a
substitute candidacy to be filed thus giving the electorate a choice of alternative
candidates. (Yason vs. comelec)15
NOTE: If the petition is not finally decided before the election, the COMELEC is not
divested of jurisdiction to continue to hear and decide it to conclusion, and to restrain
proclamation if there is strong evidence of ineligibility. The subsequent proclamation and
assumption of office of a candidate for local elective position does not divest the COMELEC
of jurisdiction to decide the petition and nullify the proclamation.
With the enactment of Sections 6 and 7 of R.A. 6646 in relation to Section 78 of B.P. 881, it
is evident that the Commission does not lose jurisdiction to hear and decide a pending
disqualification case under Section 78 of B.P. 881 even after the elections.(marcos vs.
comelec)16
Remedy if the petition against a Congressional candidate is not finally decided before
election:
1) Move for the issuance of an order suspending the proclamation
2) File a petition for Quo Warranto in the HRET within 10 days after proclamation. See
post election dispute.

CHAPTER V-PRE-PROCLAMATION DISPUTE

A: MODE: PRE-PROCLAMATION PETITION TO ANNUL OR SUSPEND THE
PROCLAMATION
15 Yason vs. Comelec, G.R. No. L-52713, January 31, 1985
16 SUPRA
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persistence- Powell

ELECTION LAW: SUMMARIZED BY ORLAND B. BARENG JR

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A pre-proclamation controversy refers to any question pertaining to or affecting the
proceedings of the board of canvassers or any matter relating to the preparation,
transmission, receipt, custody and appreciation of the election returns and certificate of
canvass. [Note: Because of the effectivity of the R.A 9365(Automated election Law),
legality of the proceedings is now the sole issue for pre-proclamation controversy]
Purpose: to ascertain the winner or winners in the elections on the basis of the election
returns duly authenticated by the board of inspectors and admitted by the board of
canvassers.
Who may file: any candidate or by any political party or coalition of parties
Questions pertaining or affecting the proceedings of the board of canvassers
shall be filed with:
1) Board of Canvassers itself, whose ruling is subject to appeal to the comelec within 3
days therefrom.
2) Directly with the Comelec.
Sec. 15 of R.A 7166 has disallowed pre-proclamation cases in elections for
President, Vice-President and Members of Congress.
The electoral tribunal assumes exclusive jurisdiction over all issues after the candidate has
become a member of the congress. However, when the candidate has not been
proclaimed and taken his oath, the appropriate canvassing body may motu proprio or
upon written complaint of an interested person:
1) Correct manifest errors in the certificate of canvass or election returns before it.
2) Determine the legality of the composition of the board or its proceedings.
COMELEC may suspend the proclamation of a candidate if the following concurs:
1) There be a prior notice and hearing
2) Evidence of guilt of the respondent is strong.
All pre-proclamation cases involving provincial and municipal offices pending before the
COMELEC shall be deemed terminated at the beginning of the term of the office involved
and the ruling of the board of canvassers concerned shall be deemed affirmed, without
prejudice to the filing of a regular election protest by the aggrieved party.
Exceptions:
1) Petition is meritorious
2) An order had been issued by the SC.

Success is the result of perfection, hard work, learning from failure, loyalty, and
persistence- Powell

ELECTION LAW: SUMMARIZED BY ORLAND B. BARENG JR

14
The period to file election protest or quo warranto proceeding is suspended by the filing of
a pre-proclamation petition to annul or suspend the proclamation, during its pendency in
the COMELEC and before the SC where appeal for Certiorari is filed with the same court.
The rule that a pre-proclamation controversy is no longer proper after the candidate is
proclaimed is based on the assumption that the proclamation is valid. Where the
proclamation is void, the proclamation is no proclamation at all and the proclaimed
candidates assumption of office cannot deprive the COMELEC of the power to declare
such nullity and annul the proclamation.

CHAPTER VI: POST ELECTION DISPUTE

DISTINCTION
Purpose

MODE 1: ELECTION PROTEST

To determine who, between the
prostestant and the protestee,
actually obtained the majority of
the legal votes and therefore
entitled to hold office.

Grounds

Election frauds or irregularities

Who may file

Candidate who has duly filed a

certificate of candidacy and has
been voted to the same office.
Within 10 days FROM
proclamation of the winning
candidate
The protestee may be unseated
and the protestant seated in the
office vacated.
The COMELEC is the sole judge
of all contests relating to the
elections, returns, returns, and
qualifications of all elective
regional, provincial and City
officials. RTC: contests for
municipal officials; MTC:
Barangay officials.

When to file

Effect

Jurisdiction

MODE 2: QUO WARRANTO

To determine the right of the
winning candidate to the use
or exercise of the office in
which he was elected and to
oust him from its enjoyment,
if his claim is not well founded
or if he has forfeited his right
to enjoy the privilege.
Ineligibility and disloyalty to
the Republic
Any Voter

Within 10 days AFTER

proclamation of the winning
candidate
While the respondent may be
unseated, the petitioner will
not be seated.
SAME; SAME; SAME

A: MODE 1: Election Protest: Some principles

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Failure to pay the filing fee is fatal. It is the payment of the filing fee that vests jurisdiction
of the court or the COMELEC, as the case may be, not the payment of the docket fees for
the claim of damages.
The determination of who has in fact been elected is a matter clothed with public interest.
For this reason, public policy demands that an election protest duly commenced, be not
abated by the death of either protestant or the protestee. Substitution of party-litigant:
representative who may be substituted in place of the deceased must be one who is
entitled to the office in the event the deceaseds cause prevails.

Neither cessation in office of the protestee nor the acceptance by a protestant of a

position terminates the election protest because the interest of the parties in an election
protest and those of the public are inextricably intertwined.
B: MODE 2: QUO WARRANTO; SOME PRINCIPLES
Petition for quo warranto is not deemed filed unless the docket fee is paid within the tenday period of filing the petition. Exception: Petition filed on the ground that the candidate
is an alien.
Qualifications for public office are continuing requirements and must be possessed not
only at the time of appointment or election or assumption of office but during the officer's
entire tenure. Once any of the required qualifications is lost, his title may be seasonably
challenged. (Frivaldo vs. comelec)17
II: Jurisdiction of Senate/HR Electoral Tribunal in Quo Warranto petition
Sec. 17, Art. VI, Constitution: The senate and the House of Representatives each have an
Electoral Tribunal which shall be the sole judge of all contests relating to the election,
returns and disqualifications of their respective members.
A COMELEC decision does not constitute res-judicata on cases filed in the electoral
tribunal.
The jurisdiction of the HRET begins only after the candidate is considered a Member of the
House of Representatives.To be considered a Member of the House of Representatives,
there must be a concurrence of the following requisites: (1) a valid proclamation, (2) a
proper oath, and (3) assumption of office. A person cannot be considered a Member of the
House of Representatives if he has not yet assumed office. (Reyes vs. comelec)18
17 SUPRA
18 Reyes Vs. Comelec, G.R. No. 207264 June 25, 2013
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III: Presidential Electoral Tribunal
Sec. 4, Art. VII: The SC sitting en banc, shall be the sole judge of all contests relating to
the election, returns, and qualifications of the President or Vice-President.
Primary jurisdiction of the SC can directly be invoked only after, not before, the elections
are held.
The rules categorically speak of the jurisdiction of the tribunal over contests relating to the
election, returns and qualifications of the "President" or "Vice-President", of the
Philippines, and not of "candidates" for President or Vice-President.xxxThe jurisdiction of
the Supreme Court, defined by Section 4, paragraph 7, of the 1987 Constitution, would not
include cases directly brought before it, questioning the qualifications of a candidate for
the presidency or vice-presidency before the elections are held. Fournier vs. Comelec 19

Due process in election cases

As stated by this Court in Nolasco vs. Commission on Elections,"[t]he hoary rule is that
due process does not mean prior hearing but only an opportunity to be heard."
Our ingrained jurisprudence is that technical rules of evidence should not be rigorously
applied in administrative proceedings specially where the law calls for the proceeding to
be summary in character. (diangka vs. Comelec)20

CHAPTER VII: R.A NO. 8189 ( THE VOTERS REGISTRATION ACT OF 1996)
A: Period to Register: No registration shall be conducted during the period starting 120
days before a regular election and 90 days before a special election.
B: Who may register: Sec. 9
1) Citizen of the Philippines not otherwise disqualified by law
2) At least 18 years of age (on the day of the election)
3) Resident of the Philippines for at least 1 year, and in the place wherein they propose
to vote , for at least 6 months immediately preceding the day of the election.
C: Disqualification: Sec. 11
1) Any person who has been sentenced by final judgment to suffer imprisonment of
not less than one year, such disability not having been removed by plenary pardon
19 Fournier vs. comelec, G.R. No. 161634, March 3, 2004
20 Diangka vs. comelec, G.R. No. 139545

January 28, 2000

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or amnesty: Provided, however, That any person disqualified to vote under this
paragraph shall automatically reacquire the right to vote upon expiration of five
years after service.
2) Any person who has been adjudged by final judgment by a competent court or
tribunal of having committed any crime involving disloyalty to the duly constituted
government or any crime against national security, unless restored to his full and
political rights in accordance with law: Provided, That he shall automatically
reacquire the right to vote upon expiration of 5 years after service of sentence.
3) Insane or incompetent persons declared as such by competent authority unless
subsequently declared by proper authority that such person is no longer insane or
incompetent.
Illiterate or disabled: may be assisted by the election officer or any member of an
accredited citizens arms.
D: Inclusion and Exclusion
Jurisdiction in inclusion and exclusion cases (sec. 33): The Municipal and metropolitan Trial
Court shall have original and exclusive jurisdiction over all cases of inclusion and exclusion
of voters in their respective cities or municipalities. A decision in an exclusion or inclusion
proceeding is decisive only with respect to the particular election concerned, it does not
constitute res judicata. The proceedings in inclusion and exclusion of voters in the list of
voters are summary in character.
Registry List of Voters: as finally corrected for use in an election is conclusive on the
question as to who have the right to vote in said election, but not as to subsequent
election.
E: Absentee Voting Law R.A 9189
Sec. 4: all citizens of the Philippines abroad, who are not otherwise disqualified by law, at
least 18 years of age on the day of elections, may vote for president, vice-president,
senators and party-list representatives.
Disqualifications: Sec 5
1) Same with sec. 11 of R.A 8189, Voters registration act.
2) + those who lost or renounced Filipino citizenship.
3) +immigrant or permanent resident of other country.
Sec. 6: Personal overseas absentee Registration: Registration as an absentee voter shall
be done in person.
Sec 11: Every qualified citizen of the Philippines abroad whose application for registration
has been approved, including those previously registered under R.A No. 8189, shall, in

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every national election, file xxx a sworn written application to vote. It may be done
personally or by mail.

CHAPTER VIII: CAMPAIGN AND EXPENDITURES

A: Election campaign or patisan political activity: act designed to promote the
election or defeat of a particular candidate or candidates to a public office.
B: Candidate: one who has filed hi certificate of candidacy, which the law requires that it
be filed on any day not later than the day before the beginning of the election period but
not later than the day before the beginning of the campaign period.
C: Election period: shall commence 90 days before the day of the election and shall end
30 days thereafter.
D: Campaign period: 90 days before the day of a regular election and 45 days before
the day of a special election, 7166
Note: The law provides that it shall be unlawful for any person, whether or not a voter or
candidate, or any party, or association of persons to engage in an election campaign or
partisan political activity except during the campaign period. [Under Ra. 8436,a person
who files his certificate of candidacy will only be considered a candidate at the start of the
campaign period, and unlawful acts or omissions applicable to a candidate shall take
effect only upon the start of such campaign period. Penera vs. COMELEC]21
However, political parties may hold political conventions or meetings to nominate
candidates within 30 days before the commencement of the campaign period and 45 days
for presidential and vice-presidential election.

Nomination and selection ( Sec. 6 7166)

1) President, VP, Senators: not earlier than 165 days before the day of the election.
2) Members of the HR and elective provincial, city or municipal officials: not earlier
than 75 days before the day of the election.
Intervention of foreigners: foreigner, whether natural or juridical person, are prohibited to
aid any candidate or political party, directly or indirectly, or take part in or influence in any
manner any election, or to contribute or make any expenditure in connection with any
election campaign or partisan political activity. SEC. 95 OEC
Election survey: measurement of opinions and perceptions of the voters as regards a
candidates popularity, qualifications, platforms or as matter of public discussion in
21 Penera vs. Commission on Elections, G.R. No. 181613, 25 November 2009
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relation to the election, including voters preference for candidates or publicly discussed
issues during the campaign period.
The right of the broadcasting entities to air accounts of significant news or news worthy
events and views on matters of public interest shall be respected during the election
period.
Contribution: includes a gift, donation, subscription, loan, advance or deposit of money or
anything of value, or a contract, promise or agreement of contribution, whether or not
legally enforceable, made for the purpose of influencing the results of the elections but
shall not include services rendered without compensation by individuals volunteering a
portion or all of their time in behalf of a candidate or political party. It shall include the use
of facilities voluntarily donated by other persons, the money value of which can be
assessed based on the rates prevailing in the area.
E: Prohibited contributions
1) Public or private financial institutions (exempt: Lending company)
2) Persons operating a public utility or in possession of or exploiting any natural
resources.
3) Persons who hold contracts or sub-contracts to supply the government with goods
or services or to perform construction or other works.
4) Persons who have been granted franchises, incentives, exemptions, allocations or
similar privileges or concessions by the government.
5) Persons, who within 1 year prior to the date of the election, have been granted
loans or other accommodations in excess of P100,000.00 by the government.
6) Educational institutions which have received grants of public funds amounting to no
less than P100,000.00
7) Officials or employees in the Civil Service, or members of Armed Forces of the
Philippines.
8) Foreigners and Foreign corporations,
Additional prohibitions:
1) The law prohibits any person to hold performances for the purpose of raising of
funds for an election campaign or for the support of any candidate from the
commencement of the election period up to and including election day.
2) The law prohibits any person or organization, whether civic or religious, directly or
indirectly, to solicit and/or accept from any candidate for public office, or any person
acting in their behalf, any gift, food, transportation, contribution or donation in cash
or in kind from the commencement of the election up to and including election day.
NOTE: any agreement in violation of the restrictions is null and void as it involves the
commission of a crime.
F: Lawful Election Propaganda
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ELECTION LAW: SUMMARIZED BY ORLAND B. BARENG JR

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1) Written or printed materials of a size not more than 8 and inches in width and 14
inches in length.
2) Handwriting or printed letters
3) Posters not exceeding 2 by 3 feet; 3 feet by 8 feet streamers on the occasion of
public meeting or rally.
4) Media advertisements
5) Other propaganda not prohibited by law.
G: Authorized Expenditures
1) President and Vice-President: 10 pesos for every registered voter.
2) Other candidates with support from political party, 3 pesos for every registered
voter currently registered in the constituency where he filed his certificate of
candidacy.
3) Candidates without any political party: 5 pesos for every such voter.
4) Political parties: 5 pesos for every registered voter currently registered in the
constituency or constituencies where it has official candidates.
H: Lawful Expenditures:
1) Travelling expenses
2) Compensation of persons actually employed in the campaign.
3) Communications and correspondence fee
4) Printing and distribution of printed matters
5) Employment of watchers
6) For campaign headquarters, office or place of meetings.
7) Expenses for political rallies and meetings
8) Media and other public advertisements
9) Employment of counsel
10)
Copying and classifying of voters; and
11)
Printing of sample ballots
I: Statement Of Contributions And Expenditures
Every candidate and treasurer of the political party shall, within 30 days after the day of
the election, file in duplicate with the offices of the commission the full, true and itemized
statement of all contributions and expenditures in connection with the election.
No person elected to any public office shall enter upon the duties of his office until he has
filed the statement of contributions and expenditures.
Failure to file:Administrative fine ranging from 1,000 to 30,000 pesos. For second or
subsequent offense, fine ranging from 2,000 to 60,000 pesos and perpetual
disqualification to hold public office.

CHAPTER IX: CASTING AND COUNTING OF VOTES

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A: R.A 8436: An act authorizing the COMELEC to use automated election system in the
casting and counting of votes to prevent, if not eliminate, election frauds and anomalies
connected therewith.
B: Absentee voter: shall cast his ballot, upon presentation of the absentee voter
identification card issued by the commission, within 30 days before the day of the
elections. (Seafarers: within 60 days)
All accomplished ballots received shall be placed unopened inside sealed containers and
kept in a secure place designated by the commission.
C: Voting under the OEC
The board of election inspectors, composed of three teachers, supervises the voting.
Voting on election day shall start at seven oclock in the morning and shall end at 3 oclock
in the afternoon, except when there are voters present within 30 meters in front of the
polling place who have not yet cast their votes, in which case voting shall continue but
only to allow said voters to cast their votes without interruption.
D: Certificate of votes: shall contain the number of votes obtained by each candidate
written in words and figures, the number of the precinct, the name of the city or the
municipality and province, the total number of voters who voted in the precinct, and the
date and time issued, and shall be signed and thumb marked by each member of the
board.

CHAPTER X: CANVASS AND PROCLAMATION

A: Election resulting in tie: The Board of Canvassers, after recording this fact in its
minutes, shall by resolution, upon five days notice to all the tied candidates, hold a special
public meeting at which the board of canvassers shall proceed to the drawing of lots of the
candidates who may be favored by luck, and the candidates so proclaimed shall have the
right to assume office in the same manner as if he had been elected by plurality of vote.
Canvass of votes for Senators: The Chairman and members of the COMELEC sitting en
banc shall be the National Board of Canvassers for the election of Senators
Canvass of votes for President and Vice President: the congress acts as the Board of
Canvassers of votes for president and vice president.
B: Proclamation
The duty to make a canvass is not deemed complied with until:
1) Upon completion of the canvass and separate statements of all the votes received
by the candidates shall have been made

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2) The board of canvassers shall have proclaimed, in accordance with said statements,
who have been elected.
An election is not an election and popular will is not deemed to have been expressed until
the last act necessary to complete the election has been performed, which is the
proclamation of the candidates who won.

CHAPTER XI: ELECTION OFFENSE

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If this modest work proves of help to all who have occasion to use it, the efforts of the
maker shall be deemed compensated.

Sta. Teresita Copyright, 2016

ISBN 3-10-2-23-6223-1
No portion of this reviewer may be copied or reproduced in books, pamphlets, outlines or
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express). just kidding :p

Success is the result of perfection, hard work, learning from failure, loyalty, and
persistence- Powell