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Election Law Continuing is year round except 120 day regular election
1. Right to vote 90 days of special election
2. Right to be voted upon
3. Right to participate in political decisions thru initiative and Cases
referendum 1. Extension falls w/in the 120 day before election w/c is against
the law
Who: COMELEC 2. 2nd was granted w/c is before the 120 day period
Not exclusive in sec.2 2010 election they asked but it was before the 120 day

When does COMELEC meet en banc or division? Remedy of exclusion and inclusion: if you are denied of registration
Division: QJ Denied registration: inclusion
En Banc: performance of administrative function Flying voters: exclusion
EX: Any other ACR requirement: exclusion
1. Those cases elevated by the division
2. Correction of manifest error Who can file exclusion: any reg voter, elec officer or rep of political party
or COMELEC en banc
Note: Have own rules of procedure Who has jurisdiction: MTC (in both)
There is liberal interpretation and they can even suspend their own rules Hearing is mandatory although it can be summary
of procedure
Q: if a person does not appear despite summons
Suffrage: right to vote A: prima facie flying voter
Who are allowed to vote in the Philippines: Art.5
Congress is mandated to allow Filipinos abroad to vote Q: how nay petition
A: one per precint
Who are Filipinos abroad: One exclusion case per precint cannot be consolidated
a. OFW
b. Immigrants/ green card holders Q: remedy if there is many flying voters
c. Dual citizens A: not anymore exclusion or inclusion, but annulment of list of voters
Implication: There will be new registration can purge flying voters
Illustrative case:
OFW’s Maruhong Case: double registration
Anna who ten years ago when she was 18 went to HK as DH and never X domicile of origin is Baguio
went back to Phil Registered in Baguio as voter in 2010 election
After 3rd year contract was about to expire her BF gave an ultimatum to In 2012 X married Y who is a resident of Dagupan
go home Y is the husband and X is wife
Came home for good 2013 election X followed Y’s domicile
Election time the brother ran and asked Anna to register X registered in Dagupan w/o cancelling her registration in Baguio
3 questions (substantive requisite)
A: age at least 18 , even if 17 can already as long as 18 at the time of Q: is she allowed to vote
election a. No because of double registration
C: Filipino whether natural born or naturalized b. Yes in Baguio only –( this determines right to vote and be
R: residence of at least 1 year in Philippine and 6 months to vote voted upon in Dagupan)
The election registrar cannot prohibit her for sec. 9 states that Filipinos c. Yes in Dagupan only
who lives their domicile because of education, work and military service d. Yes either in Baguio or Dagupan
is not deemed to have lost the residency and domicile
Q: what is the effect of double registration (limit it to the facts)
Green card holder General rule: the 1st registration in Baguio is valid and 2nd in Dagupan is
Running disqualified invalid in failure to cancel her registration
Voting: yes but not all Registration in Dagupan is null and void
Macalintal case: only those who executed an affidavit who promises to
restore residence w/in 3 years Right to be voted upon
If the right to vote requires ACR (no property or any other substantive
Nicolas case: dual citizens are allowed but not all are allowed requirement but only ACR plus registration only)
RA 9225 disqualifies them ACRER is already discussed in Political law and public corporation
Who cannot vote:
1. Those occupying public position abroad Disqualifications
2. Those who filed certificate of candidacy Election code applied to national like green card and dual citizen
Remedy: resign or withdraw their COC Allowed if they surrender and execute an affidavit
Citizenship
Disqualification: When must the required citizenship be acquired: not later than the day of
1. convicted of crime w/ penalty of 1 year; proclamation but to Frivaldo was retroacted from the day of application
violation of election laws;
crime involving moral turpitude; Period of residence
How to remove: All the rest 1 year period in the Philippines if local in the district
a. pardon or executive clemency by positive act Other qualification of president and vice president
b. Or not doing anything w/in 5 years right to vote
automatically restored Domicile of origin prevails
If domicile by choice note the requirements
2. insanity or imbecility
Citizenship: Teddy Cruz when you repatriate depends on the original
Registration as voter: continuing system vs. (old one general system) citizenship (natural born = natural born)
General COMELEC: will chose certain dates

Dual citizens
9225 is disqualified
Conflicting law of citizenship: can run (Manzano and Valles cases)
Remedy under 9225 is express renunciation
CL: mere filing of COC
Mere ability to read and write: in local also the local dialect
Registration as voter
Lone candidate: applies to congress only because of special election and
president and vice president if simultaneously vacated
Limitation on P and VP (special election) if the vacancy arises 18 months
prior to the election
Disqualification: vacancy in senate and HR only be special election
1. w/in 1 year before the next election
2. Assuming there is election (Durano case) before assuming his
position he became a cabinet secretary and he was not
confirmed and a special election was conducted. He cannot run
again because of the lone candidate
3. if lone candidate is only 1 because he prevented other
candidates from filing COC
Procedural requirement on right to vote: registration as a vote
Right to be voted upon: you have to file COC
Pro forma on the filing it has to be filled up and must be sworn to
(procedural)
Case: the one who notarized the COC showing only the CTC
(community tax certificate). Jurat that CTC was only presented. Thus
sought to be disqualified that the COC is not properly sworn to.
Eligible or not? COMELEC disqualified him
SC: eligible, he went to the lawyer in GF.
Legal basis: the lawyer is the one who violated the notarial law. Proper
notarization is not among the qualifications
Social Justice Society Case: he did not undergo drug testing
Under the constitution there is only 5 qualifications for senator w/c is
ACRER
If you allow it you add another layer of qualification not required by
constitution
Q: Local
A: Valid. Congress can prescribe qualifications for local positions
Name requirement
Official name shall be indicated in the COC as appearing in the certificate
of live birth
Screen name: it is your name and you should be known for that
Occupation and profession: X placed CPA
But he did not graduate
Sought to be disqualified: falsity on material matter on the COC
eligible: the falsity is not on material matter
CPA is not educational requirement
Nature of power of COMELEC in accepting COC
GR: mere ministerial
Labo case: they still accepted on the 2nd because he may have been
disqualified in previous but qualified now. File another DQ case if he is
not
Deadline in filing COC: you cannot file beyond this and if COMELEC
refuses not even mandamus will lie
Multiple filing of COC: you are not eligible for both positions
Remedy: withdraw one before the deadline
Not eligible for all positions filled for
Remedy: Withdrawal before deadline of filing
As if did not file any COC after deadline
Qualifications so stated in the constitution and in the law
Consequence: Prohibited as if have not filed any certification of COC
withdrawal must be made prior to the deadline of filling
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As if filed 2 COC neither is a valid COC
Effect of filling- 3 consequences rules on effect
1 and 2 concern public officers
3 private employee
Elective and appointive 1 and 2
3 mass media practitioner employed by private communications company
Elective official filling a COC
Not deemed resigned
Section 67 of the omnibus election code has been amended by sec 14 of
9006
What is sec 67 of the omnibus election code, only 3 elective officials are
not deemed resigned
Those not deemed resigned those running for:
1. president;
2. vice president; and
3. seeking re-election, old provision of law
Amended by the new omnibus of 9006 sec 14:
All elective officials without qualifications are considered not deemed
resigned:
1. Senators running for vice president
2. Barangay officials who ran for councilors
Until their term will end can still return despite losing in the post ran for
Upon appointive
Despite flip flopping of decisions
Adhere to the century old rule:
Deemed resigned upon filling of COC- disregard flip flopping
Includes GOCC with or without original charter
Deemed resigned as long as appointive officials
Private employee in mass media broadcast industry
Journalism industry deemed resigned when so required by their employer
Ted Failon deemed resigned if required so by ABS CBN upon filling
COC
Q: Can somebody who filed COC withdraw the same?
A: Yes cannot compel him to go on with candidacy
But, the proper procedure has to be observed including filling of
withdrawal of COC that is sworn to also
Actual example 2 candidates of mayor A and B-
A, not popular- scarce in community
B- no money very popular
A before start of campaign period approached B, withdraw then pay you
expenses spent
A made proposal to initially reward B with 150K
B having not held money in his money accepted and wrote in yellow pad
his withdrawal- effective today signed B
With 2 witnesses then B submitted immediately COMELEC
Before A went to ER to submit Xerox 100 copies for distribution
During election many still voted for B- when votes counted and
canvassed B was ahead in the votes
Q: Who between the 2 should be proclaimed A or B
A: Still b despite letter of withdrawal his withdrawal not valid not in
proper form and sworn to
Formality has to be observed
Substitution of candidacy
Presupposes that deadline has lapsed for filling of COC
Q: Can a candidate be substituted after filling of COC
Gen rule: yes if he belongs to a political party and official candidate of
that political party
3 grounds for substitution:
a. Death
b. Withdrawal
c. disqualifications
Independent candidate: cannot be substituted

They do not belong to political party nor nominated by one
For punong barangay and councilman- non partisan
Q: can they be substituted
A: yes by way of exception
Q:who among the candidates may be substituted despite not belonging to
political party
A: barangay officials non partisan
Q:who can be substituted?
GR: member of same political party
cannot be substituted by the wife not member of political party
EX: unless wife filed substituted COC and takes oath as member of that
party
attach oath to the COC
note: law does not require how long the person has been a member of the
political party
law is silent enough that at the time of filling already a member of the
political party
from who the deceased member comes from
Grounds:
1. death: life ceases to exist
2. withdrawal (Luna case) valid substitution because substituted is
somebody who withdrew with all formalities
3. DQ by the COMELEC (ground for substitution)
Q: What about a candidate who’s COC has been cancelled or denied due
course can he be substituted?
A: Miranda case (term limit filed COC)
Q:Cancelled COC substituted by the son?
A: No valid substitution
Reason: if a persons’ COC cancelled no more a candidate cannot
substitute anymore
Note: Presupposes COC of person being substituted is a valid COC
If COC no valid because cancelled no longer a candidate anymore
Answer: candidate COC was cancelled cannot be substituted
Q: Where to file COC
Reglamentary period to file?
Those elected at large in the PH: Central office
President
Senators
Congress
All the rest filed with the board of election inspectors
Deadline- mid day on election day
Before noon time on election time
Q:5 days after deadline of filling of COC
A: can file DQ case opposing candidates
Filed earlier- research your DQ
2 advantages of filling COC during later period
DQ case still to be investigated upon and prone to commit premature
campaigning
Not yet considered a candidate not considered campaigning
3 grounds for DQ cases
1. if candidate is a nuisance candidate
Filed COC without intention of wining not serious he is there to confuse
make mockery of the election
Strict motu proprio COMELEC DQ on ground for nuisance candidate
Even w/o a petitioner on the positions of president vice president and
senator
Sole criterion in these positions whether nuisance or not: capability to
wage a nationwide campaign
Limit number of candidates to participate
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In the other positions: practice of COMELEC not to motu proprio DQ
the candidate
Wait for a petition to DQ the candidate not motu proprio
2. violation of the election code whether criminal or
administrative in nature
found guilty it will give rise to DQ as a candidate
3. falsity of material representation in the COC
2 requirements
a. Falsity must be a material matter
Case:
Ana filed COC for councilor in one of the blanks profession occupation
CPA
Truth is that set foot on college of commerce for one semester only and
dropped out
Lied that CPA by profession
SC: Not material falsity
Educational requirement for a candidate able to read and write only
b. Must be done deliberately
COC how long have you been in Leyte: residence requirement is 1 year
DQ because of falsity of material representation
Although false one who alleged falsity must also allege that done
deliberately- honest mistake when she wrote 7 months only
Effects of a DQ case
Jurisdiction- COMELEC by Division (quasi judicial)
Day of election- may 10 election day
If before election day before may 10
X DQ case becomes final before election, X cannot be voted upon
Still obtained certain votes- considered stray votes
If DQ case does not become final before election day
Remedy is MR to the COMELEC en banc through a motion for
reconsideration
Decision of en banc affirming the division to not become final bring it to
the SC on certiorari
Not make ruling before election
DQ case not final before election: effect is that not final before election
 X can be voted upon
 X votes can be counted canvassed
 X can be proclaimed
 Once proclaimed can assume office
Q: What happens with the case because not yet final
X voted upon counted canvassed and proclaimed if won and assume
office
DQ case not final will continuance of the case
Eventually SC upholds the DQ of X, then X will be unseated
Even if withdrew cannot go back
Enforced- mere act of filling vacated office already
Luna case- withdraw and withdrawal is valid
But COMELEC cancel COC of the substituted
Cancellation or denial of due course requires due process cannot be done
moto proprio by the COMELEC
Cancellation of COC cannot be done motu proprio requires notice and
hearing
Entitled to notice and hearing
Person whose COC subject to cancellation deserves notice and hearing
COC who has been cancelled cannot be substituted
Campaign electoral campaign
Amendatory law
RA 9006
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Fair election act
Prohibition to publish results of surveys 15 days before election: violative
Significant features of 9006 of freedom of expression
Restoration of candidates right to political advertisement with limitations
Gen rule: with political party
In the 1971 election code, advertisement allowed no limitation- problem 3 pesos per voter
NEDA found out every election year double digit inflation- too much Not with political party 5 pesos per voter: independent candidate
money in circulation
1985 omnibus election code- total ban political advertisement Municipality with 10K voters- 30K can only spend
In the election of 1987 1988 1992 Independent 50k limit
Those who won in local and national won- artists
Erap Joey Marquez Lito Lapid Requirement under the election code to submit statement of
Popularity exposure contributions and expenditures
Who are required under oath : there are 2
Amended law with fair election act to level the playing field but with 1. Candidates
certain limitations Who among; losing winning and withdrawing will file for law
Depends on broadcast media: depends on airtime does not distinguish
Cannot buy all the airtime Effect of failure: distnguish
1st time: fine of 30k except running for BRGY positions
Print media- limitation as to size frequency of advertisement If winning he cannot assume office
2nd offense 2k – 60k again this does not apply to BRGY
TV movie personality running for election cannot put on show their candidates and
movies Perpetual disqualification to hold office
Cannot broadcast their TV movie shows 2. Treasurer of the political party
To level the playing field
Pre mature campaigning:
Chavez case Penera case: (flip flop decision)
Entered into contract with apparel company as an endorser 2004: automated election suppose to be (did not happen) SC nullified the
Post tarps advertisement in many parts of PH contract of mega pacific and COMELEC. They advanced the filing of
While contract is enforced, filed his COC for senator COC as early as January
After filling COC, was asked by COMELEC to dismantle his tarp Automated you have to advance deadline – because of necessity to print
advertisement pursuant to 9006 the ballots w/ the name of candidate
Date of start of campaign period is original deadline
Campaign period not yet started but tarps already posted President – 90 days before election period is campaign period
Went to SC question the constitutionality and validity of COMELEC Local – 45 days before the election is campaign period the deadline is
resolution before the start
2 grounds
1. Freedom of expression Penera filed her COC on January 4
2. Violative of non impairment clause After filing she did her motorcade
SC upheld COMELEC He was disqualified before the COMELEC
Dismissed his petition, valid exercise of police power prevails over non Div and En banc had dismissed his case
impairment clause SC affirmed the decision
Comes in conflict with police power, police power prevails DQ case does not become final pending appeal
MR: the SC reversed its original decision
Political Rallies Reason: when Penera conducted the motorcade w/c is suppose to be a
No substitute for personal appearance premature campaigning he is not yet a candidate. He is only a candidate
Show yourselves to the voters for purpose of printing the ballots
You can become the candidate after only the deadline of filing
Needs permits The deadline is the original deadline
Governed by BP 880: public assembly act She will be come only upon filing the COC
Need permit from mayor Technically no premature campaign
Congress needs to amend the premature campaign law
Only instance no permit: when in freedom park
If place where rally conducted is a private place- ask permit from the
owner Triple C
Casting
Campaign materials Counting
Made of cloth paper or cardboard including tarp Canvassing of votes
Not made out of plywood tin sheets
When:
Limit insofar as size in concerned 1. 2nd Monday of may every 3 years is the election day
Common poster area 2. October for BRGY
Note: ARMM (used to be) the purpose of not holding is to synchronize it
Stickers with regular election
Q: Can be stickers? Whether he can validly appoint: yes it is w/in his power to fill vacancies
A: yes posted in moving private vehicle but not public utility vehicle
Campaign materials if donated requirement to name the donor Start of election hours:
Political advertisement paid for by: Election hours start 7-3 in manual
Automated 7-6 longer because there is clustering of precincts
COMELEC resolution prohibiting conduct of exit poll surveys PECOS is expensive that’s why you cluster
Violation of freedom of expression
No violation of secrecy of ballots Who will administer in election level
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BEI: board of election inspector A: they can vote, but they must be assisted by literate votes
Members 3 who is public school teachers Under the law congress must enact a law so they can vote w/o
In default: private or government EE w/ good moral character
AFP no even with agreement of parties Who can assist:
In one case they were allowed PNP because it is special elections a. Family member: a maximum of 3 family members
b. BEI members
Suppose election day is may 10 but impossible to conduct election c. House helper
Remedy: petition to postpone election d. Driver (same condition)

When can there be failure of election Q: house hold helpers:

1. Polling place did not open on election day (no paraphernalia)
2. Opened but at 8am closed because of violence
3. Opened 7-3 and 75% casted there vote but 2 hours after but
when they were about to canvass goons came and confiscated
the paraphernalia
Not able to count the ballots
A: yes, as long as person of confidence of illiterate person and live-in
Duty: starts 7am – 3pm manual or 6pm if automated
If the clocks strikes 3pm and 10 are still waiting they can still vote
Strikes 3 and 2 more came they can no longer vote
BEI must count the votes in the precint level

Q:w/n the petition will be granted or not factors to consider for
special election
A: will it still affect the outcome of the election
a. No. if the difference is kilometric bet the winning and losing
the petition will no longer be granted
b. If not kilometric and will affect SP must be held
2 factors so that a special election can be held:
1. Voting should have not taken place
a. Did not open
b. Premature closing
c. Opened but resulted just the same for ballots cannot be
counted
2. Will the outcome of election still be affected
If difference is kilometric no need for special election
If neck to neck and holding of special election and it iwll
infirnge the outcome of the election special election must be
held
Instances for SP:
1. When election is postponed; due to force majeure or
emergencies
2. Declaration of failure of election; A petition must be filed to
that COMELEC can declare and hold a special election
3. Filing up of vacancies;
a. Congressman: vacancy must occur before the one year
period before the next election
 If it did not occur before the one year period no
need to do an SP
 Just assign a caretaker for the pork barrel to be
used in the district
b. Senator: vacancy arises before the midterm election, after
the midterm election no more
Ex. Lapid vacates his position before 2013 the vacancy can still
be filled up
Before counting: they must determine the number of votes based on the
number of registered voters
100% is statistically improbable as voter turn out
90-91% is still acceptable
Q:Normally 200 ballots are issued, If only 140 ballot are used the
remaining 60 are called
A: unused ballots
Q:70% casted but when the poll clerk counted it became 145 what do you
call the 5
A: excess ballots
Rule in disposing: do not count them
Poll clerk w/o looking the content of ballot will pick 5 and place them in
the unused ballot compartment
Note: unused is not the same w/ excess
Q: marked ballot
A: contains unnecessary markings the purpose of w/c is to identify the
voter
Q: Examine the pile of ballots, the first has signature is it MB
A: it depends whose signature
1. Appears at back and BEI chairman, mandated by law to affix
the signature it is not MB
2. If the signature of the voter to identify the voter it is a MB
Q: failure of chairman to affix his signature upon the ballot
A: ballot remains valid even if no signature of chairman
Q: effect upon the chairman
A: violation of election offense administrative in nature
Q: stray ballots
A: no stray ballot but stray vote
SV: applies only to vote in the ballot (illegible, cannot read etc. This is
stray vote)

When: it must coincide w/ mid-term election Appreciation of the ballots

The congress will declare and pass a law on vacancy 1. Idem Sonams: name s of the candidate sounds the same way
The number 13 will take the position and serve for 3 years Councillor Tabangin
Serve the unexpired portion of the term Written is Tabingan
You can credit is as vote of Tabangin under IDEM SONAMS
Casting of ballots: 2. Neighborhood or proximity rule
Who will administer the election in precint level: BEI GR: the name of the candidate must be written on the space
How many: 3 members provided for
Qualification: public school teacher BRGY CAPTAIN: blank
Absence: private school BRGY KAGAWAD: Velasco
Absence: career service employee of good moral character No candidate for BK as Velasco but he is BC then credit under
AFP: cannot be BEI NR
Ex. Mindanao PNP was designated
For they are civilian in character BC: blank
BRGY: KAGAWAD: Panda
Other functions: to count the ballots BK: Velasco
They are in direct contact w/ the ballots Can no longer credit

Q: illiterates
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Note: Wrote Velasco in upper right hand corner it can no 3. Party-list: COMELEC en banc
longer be credited under the rule 4. Provincial: provincial BOC
5. City: City BOC
3. 2 candidates for councillor 6. Municipal: either municipal or city BOC
Carlos Ortega Normally the chair is the election superviso
Mario Ortega
Vote casted: Ortega They have own rules:
This is a stray vote w/c cannot be counted 1. Congress has its own rules
2. All others COMELEC rules
Same case 2 Ortega casted Note: Because all the BOC except congress are inder the control and
Credit one for Carlos and other one for Mario the intention is to supervision of congress
vote for the two
Problems:
4. Equity of the incumbent rule 1. Missing returns
Carlos re-electionist and Mario new candidate Copy of ER did not reach BOC
VC: Ortega Remedy: Use other authentic copies for there are at least 8
Credit it to Carlos copies of ER
2. ER full of snow paints
5. Block voting rule Tampered returns
Senators: Remedy: do not order a recount use other authentic copies
Abad Note: All ER missing
Sotto Remedy: order a recount
Cayetano
Enrile 3. Incomplete returns
Estrada Remedy: order the BEI to complete the entries in the ER
4. Discrepancy in ER in figures and words
Voter wrote Cayetano and both are running for the 1 st time Remedy: order the recount of ballots
Under the BV rule T
He voted all other party mates Output of BOC: COC
If the other names are members of the NP then the Cayetano Certificate of Canvass – required to post a copy on the canvassing
member of NP shall be considered centre w/in 48 hrs

6. Predominance of Surname Rule Q:Unauthorized removing of COC

Enrique Hill A: electoral sabotage
Hill Santos Q: ER removed
Councillor: vote is Hill only A: ordinary election offense
Credit it to Enrique Hill
Proclamation
When all the votes are counted they have the duty to announce the Principles:
outcome GR: there can be no proclamation if the canvass is not yet
Candidate A: 1 completed
Candidate B: 10 Basis: is the complete and not incomplete canvass
Effect of announcement: they can no longer effect changes w/o the EX: if uncanvassed results will no longer affect the outcome of
consent of COMELEC election
if not yet announced they can still change errors Winning 50K
Losing 5 votes
Output of BEI: ER Who shall be proclaimed: the winning
What if losing is proclaimed: liable for election of offense of
Election returns failure to proclaim
Law mandates them to post 1 copy of ER in the polling place w/ 48 hours How to determine winning: plurality of vote (highest number of
of the election vote)
The other ER:
a. One intended for board of canvassers Q: Tie vote
b. One for the political party A: term sharing cannot be done
How:
ER for the BOC: 1. Occurs in position of President and VP
a. They have to be placed in envelope One chosen by congress voting separately
b. Closed and sealed 2. All others: draw lots
c. Signed by BEI Toss coin
d. Placed in ballot box w/c is padlocked Jack and Poy
e. Personally delivered by BEI to BOC In all cases must be under the supervision of COMELEC

Pimentel Case: Q: Suppose the WC is facing a disqualification case can he be proclaimed

The ER was placed in box other than the Ballot box, the goons A: yes, since the DQ is not finale he can be
confiscated the Ballot box but not the Carton box. The BOC refused to 1. Voted upon
accept 2. Proclaimed
SC: the absence of signs of tampering the envelope containing the ER The DQ case will continue
shall still be subject to canvassing If ordered disqualified: he will vacate

BOC: depends on level Rejection of 2nd placer doctrine: 2nd placer cannot be proclaimed as
1. President and VP: congress jointly winner
2. Senator COMELEC en banc Reason: he is a loser

Who will take over: successor
Mayor – VM
VM- No.1 councillor
Cayat case: it is the 2nd placer who was ordered to take over the DQ
position
RSPD: presupposes that there are at leat 2 candidates the winner and
loser
But in case at bar the doctrine is not applicable the winner is ordered
disqualified w/in 23 days before election
MR: he failed to pay the docket fee, thus the MR did not prosper the
decision became final before election in election day there is only one
candidate
Only one vote is needed if you are unopposed
Cayat is deemed disqualified and not candidate
RSPD: multiple positions
No.8 disqualified the No. 9 is like 2nd placer and also loser
Remedy: he has to be appointed
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a. Illegal composition of BOC and Illegal proceedings in BOC
b. ER: Preparation, receipt, custody and transmission of ER
A: Only one issue: Illegal composition and illegal proceeding in BOC
M: statistical improbability can be a ground
But not the things that has something to do w/ BOC:
 Vote buying
 Terrorism of voters but not when the BOC
3. As to jurisdiction
M: GR – COMELEC division w/c is QJ
If issue is IC/IP to the BOC and appeal to COMELEC div
There is still hearing although summary
Evidences in deciding pre-proclamation
Only the records elevated by the BOC to CD shall be considered
New evidences are prohibited
Reason: they will only check if the BOC did the right thing

Effect if candidate is proclaimed: fight is finished Termination:

 Automatic under the law: when June 30 sets in (the 1st day of
Situations: assumption of office of WC)
If you are counsel of WC the primary concern: to secure the immediate  If no resolution by COMELEC the case is dismissed
proclamation of the WC  The decision of BOC is deemed affirmed
If the other side or LC: prevent the proclamation of the WC (LEGALLY)  Terminated in favor of WC
1. File a pre-proclamation controversy but not applicable to all
 Can still file election protest or quo-warranto
candidates Note: it tolls the running of prescriptive period of EP and QW
Manual only provincial, city and municipal
Not presidential and national positions
According to DEAN: If there is order of SC or COMELEC the pre-
2. Petition to suspend the proclamation
proclamation controversy may still continue by way of exception in
Grounds to suspend: meritorious cases
a. WC facing a DQ case and evidence of guilt is strong
Nuisance candidate
Election protest or quo-warranto case:
Violation of election code
Q; can there be simultaneous filing
Falsity in the COC
A: Yes allowed under the rules
b. Pending petition to cancel or deny due course his COC Issue: is whether they can be joint or separately filed
Q: petition denied? A: depends upon the rules
3. Petition to annul the proclamation
1. Those governed by rules of court:
Grounds to annul:
RTC and MTC tribunals: while it allows simultaneous filing it does not
a. The canvass is not yet complete and the uncanvassed allow joint filing
results will affect the election
If jointly filed they shall be ordered filed separately
b. There can be a manifest error in the tabulation of votes or
2. The others
computation
HRET: allow joint filing (want cases consolidated they are not
courts but QJ)
Note: Both petitions will toll the period of filing an election protest
Period of EP: 10 days
Q: distinction bet EP and QW
A: the following are the distinctions
4. Declaration of failure of election 1. Purpose of petition
Suppose in 1 precint only ¼ casted their votes
EP: to determine the real winner of the election
As long as voting took place to failure of election
QW: is to oust from office the WC
Low turnout does not mean failure of election
2. Grounds
Q:Statistical improbability
EP: the grounds
A: can be a ground
a) Irregularity
1k votes in 1 precint
b) Fraud committed before, during or afrter the election
QW:
Q: 0 number of votes by one candidate SI
ineligibility and
A: not necessarily
disloyalty in the RP( convicted of espionage)
Except Bally wick doctrine: if it is your hometown and that is
where you voted and your clan 3. Period to file
It is statistically improbable EP 3 levels
a) President and VP: 30 days from proclamation
Pre-proclamation b) Senators from proclamation: 15days
Q: automated election c) All others: 10 days
A: yes but qualify QW: all are 10 days from proclamation
1. As to coverage
Manual: only city provincial and municipality
4. Who can file
Automated: all except BRGY EP: only losing candidates as GR
QW: any registered voter
2. On the issues that is raised
Local: local voter
M: 2 kinds of issues
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It can be filed by LC because he also a registered voter filing it Q: In pre proclamation controversy June 30 set in what is remedy of
as voter and not candidate petitioner
A: election protest
Who among LC can file Without prejudice of right of petitioner to file EP
 President, VP, governor, mayor, VM, VG and Punong BRGY:
only the 2nd and 3rd in rank Q: What remedies or petition will suspend the reglamentary period of
FPJ can he substituted by Susan: no because Mrs. POE is not filing EP
2nd and 3rd in rank not even a candidate 1. Pre proclamation controversy
 Multiple positions: councillors or board members 2. Petition to suspend proclamation
Next 4 in rank after the WC 3. Petition to annul proclamation
SB: the no. 9, 10, 11 , 12
Senator and Congressman: any losing candidate for the HRET Election offenses: any violation of the penal provision of the election
and SET rules are silent code will amount to election offense

5. Effect upon the winning petitioner 2 kinds

EP: he will assume the position 1. Criminal
If declared winner the losing will vacate 2. Administrative or electoral
QW: the winning petitioner will not assume
Apply rule on succession or special election as the case maybe Distinctions:
Quantum of proof
Note: simultaneous vacancy of both the P and VP there will be SP AE: is easier to prove quantum of proof is substantial evidence
Except if it arises w/in 18 months of next presidential election While criminal needs proof beyond reasonable doubt

Election Protest Jurisdiction: Jurisdiction

Original jurisdiction: Criminal: RTC
P/VP: PET-SC constitution not PET AE: COMELEC En Banc
SC: it is another QJ body
Macalintal case: he was estopped because he appeared before the PET Q: Before a case is filed at the RTC what must the accused undergo
many time A: preliminary investigation
SET: senators To determine probable cause
HRET: representatives both party-list and the district Q: who is given the power in election offense
Provincial or city COMELEC division A: COMELEC en banc
Muni: RTC Delegated to COMELEC law department
BRGY: MTC Under the doctrine of sub-delegation of authority findings will be
SK: MTC forwarded to CE
Then case will be filed to RTC
Appeal:
RTC & MTC: appeal to COMELEC div – MR to COMELEC EB Q: Provisions of automated election law is to give concurrent jurisdiction
COMELEC EB, SET, HRET – certiorari to SC to what agency
A: DOJ
Remedies: Findings of joint committee was subject to the approval by the
COMELEC en banc (CE)
Q:You are the counsel of a losing petitioner or protestant for governor Give a semblance that it is CE who has the final say
Jurisdiction: COMELEC div
Remedy: MR to the en banc Electoral sabotage
Offenses may be committed or classified as to the one who committed
Q: What if your candidate/ client is a protestant for mayor-municipal the same
Jurisdiction: RTC (original) 1. Candidate
Remedy: COMELEC div 2. Public officer who is not candidate
MR is applicable only to provincial, city and national 3. Any person who is not even a voter
BRGY-Municipal MR is not allowed you must appeal to COMELEC div
Any election ban activity are all criminal in nature
Q: Reglamentary period for the RTC to decide cases pending before it – a. Gun ban
Municipal officials b. Liquor ban
A: 6 months from filing, all RTC according to the rules of procedure c. Ban on appointments committed by an officer
If not finished it will not oust RTC of jurisdiction for jurisdiction ones
acquired Q: The governor during the election ban appointed a SB member liable?
A: NO. position is elective thus he is not liable
Q: Suppose you are the protestant and you won the protest, protestee 1. The position must be appointive
appealed the decision of the RTC – CD, remedy as winning protestant? 2. Mere appointment is not what is prohibited but the lack of
A: in order to sit is execution pending appeal (EPA) consent of COMELEC
3. This includes transfer or detail
To prevent the proclamation of WC must file:
1. Suspend the proclamation Q:Certificate of canvass must be posted and unauthorized removal is an
2. File a pre-proclamation controversy (it must be covered by PPC) EO
Note: the inapplicability A: Electoral Sabotage
Q: ER is removed
Q: Suppose a WC has a pending petition against him to cancel his COC A: not ES, only the COC unauthorized removal constitutes ES
what remedy is available to him
Remedy: petition to suspend the proclamation Other electoral sabotage
1. Making counterfeit, bogus certificate of canvass and election
return
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Whether in hard copy or digital form Q: remedy if the issue raised is statistical improbability and district
2. Who will sign COC: BOC and congressman is involved
Where to sign: canvassing centre A: petition for correction of manifest errors on ground of statistical
If they affix their signature outside of canvassing area or centre improbability
Offense: ES Jurisdiction: COMELEC en banc by way of exception although QJ
3. Dagdag Bawas or Vote sharing and vote padding function
But not all acts of VSVP amount to ES
What specific act: 2 QJ where CE has original:
1. if the vote shaved and padded exceed 5k vote per 1. MR of decision of CD
document it is ES 2. Petition for correction of manifest error
Who: the BOC and not BEI
2. exceed 10k regardless of number of documents
3. even if by one VSVP regardless of number of votes under
the condition:
a. that the candidate is national candidate
 President, VP, Senator and Congressman
b. by reason of VSVP the candidate lost the election
even if by one vote only

Penalties:
 Non-bailable
 Non probationable
 Punishable by life imprisonment

Note: COMELEC can grant immunity w/c is transactional immunity in

AE or criminal
Cannot be interfered by the court

Prescriptive period for election offense

 5 years from the date of commission
 5 years from date of finality of EP: if the offense is discovered
by reason of election protest

Review of the past:

Q:A candidate proclaimed refused to assume office
Consequences:
1. He will forfeit the office or the office is deemed vacated: office
2. Abandonment of office under the RPC: officer is liable
Note: effect upon the office or officer

Q: All violation of the election code it carries w/ It an accessory penalty

A: both DQ to vote and voted upon

Q: convicted of EO remedy is
A: apply for pardon or executive clemency
Granted by: President upon recommendation of the COMELEC (en banc)
CE: because it is not a QJ function

Grounds for dismissal of election protest:

Not sufficient in form and substance:
a. lacking verification and/or CONFS
b. for jurisdictional allegations are not present
1. filed by proper party-in-interest (losing candidate and
who was voted upon)
2. the WC must be proclaimed and date of proclamation
3. specify in the pleading the precint where the allege
irregularity happened
4. payment of docket fee

Q: Suppose there was a proclamation based on incomplete canvass

Remedy: annulment of proclamation
Remedy as BOC if ER is incomplete: order BEI to complete

Q: where to bring at 1st instance illegal proceedings and illegal

composition
A: BOC – appeal it to COMELEC div

Q: Suppose an election is not held due to terrorism

A: petition to declare failure of election
Note: the grounds for PDFE