ELECTION PROTEST QUO WARRANTO DISQUALIFICATION

(ordinary action) (ordinary action) CASE

Strictly a contest between the
DEFEATED and WINNING
candidates based on grounds of
election frauds or irregularities,
as to who actually obtained the
majority of the legal votes and
therefore is entitled to hold the
office.
AS TO WHO MAY FILE
It can only be filed by a
CANDIDATE who has duly filed
a COC and has been voted for.
A protestee may be OUSTED
and the protestant SEATED in
the office vacated.
A verified petition contesting
the election of any regional,
provincial or city official shall be
filed by any candidate who duly
filed a certificate of candidacy
and has been voted for the
same office, within ten (10)
days after the proclamation of
the results of the election.
- suspended during the
pendency of a pre-
proclamation
controversy
(special action)
AS TO NATURE
Refers to questions of
DISLOYALTY or INELIGIBILITY
of the winning candidate.
It is a proceeding to unseat
the ineligible person from
office, but not to install the
protestant in his place.
It can be filed by ANY
VOTER; hence, it is not
considered a contest where
the parties wish to be seated
into the office.
AS TO EFFECT
While the respondent may
be unseated, the petitioner
will not be seated.
TIME TO FILE
Within ten (10) days after
proclamation of results of
election

GROUNDS
 Please see the list below.  Ineligibility 
 Disloyalty to the
Republic
PROCEDURE OF ELECTION PROTESTS
Some Prohibited Acts under the Omnibus Election Code:

1. Vote-Buying and Vote-Selling:

2. Conspiracy to Bribe Voters
3. Wagering upon the Result of the Election
4. Coercion
a. Committed by whom - any public officer, officer of corporations or any head,
superior or administrator of any religious organization or any employee or land
owner
b. Committed against whom - subordinates, members, parishioners employees,
house helpers, tenants, overseers, farm helpers, tiller or lease holders
c. How committed
i. By coercion, intimidation or compulsion; or
ii. By dismissal or threat to dismiss or to reduce salary, wage or compensation
or by demotion, transfer, suspension, separation, excommunication or
ejectment (OEC, Art. XXII, Sec. 261, Par. (d)).

5. Appointment of New Employees

a. When committed - during the period of forty-five (45) days before a regular
election and thirty (30) days before special election.
b. Exceptions:
i. In case of urgent need, with notice given to the COMELEC within three (3)
days from the appointment, creation of new positions, promotion, or
granting salary increases;
ii. If position to be filled is essential to the proper functioning of the offices, as
long as it is authorized by the COMELEC and that the position to be filled
shall not be filled in a manner that may influence the election (OEC, Art. XXII,
Sec. 261, Par. (g)).
6. Promoting or Giving (by any government official) any Increase of Salary or
Remuneration or Privilege to any Government Official or Employee (OEC, Art. XXII,
Sec. 261, Par. (g))

7. Transfer or Detail of Government Official/ Employee without COMELEC Approval

(OEC, Art. XXII, Sec. 261, Par. (h))

8. Intervention of Public Officers and Employees

9. Undue Influence

10. Unlawful Electioneering

 a. When committed – on the day of registration and election
b. How committed – by soliciting votes or undertaking any propaganda before the
BEI (on registration day) and within the polling place and with a radius of thirty
(30) meters thereof (on Election Day) (OEC, Art. XXII,
Sec. 261, Par. (k))

11. Harassment and Dismissal of Employees, Laborers and Tenants (OEC, Art. XXII,
Sec. 261, Par. (l))
12. Appointment or Use of Special Policemen, Special Agents or Confidential Agents
13. Illegal Release of Prisoners Before and After Election
a. Committed by – director of the Bureau of Prisons, provincial warden or keeper
of the jail;
b. How committed – by illegally ordering or allowing any prisoner detained in the
national penitentiary or the provincial, city or municipal jail to leave the premises
thereof sixty (60) days before and thirty (30) days after the election (OEC, Art.
XXII, Sec. 261, Par. (n)).

14. Use of Public Funds, Equipment and Facilities for Election Campaign (OEC,
Art. XXII, Sec. 261, Par. (o))
15. Carrying of Deadly Weapon Within a Radius of 100 Meters from a Precinct
16. Carrying of Firearms Outside Residence or Place of Business:
17. Use of Armored Land, Water or Air Craft
When committed – during campaign period and on the day before and on Election
Day itself (OEC, Art. XXII, Sec. 261, Par. (r)).

18. Wearing of Uniforms and Bearing Arms

When committed – during campaign period and on the day before and on election
day itself.
19. Release, Disbursement or Expenditure of Public Funds
When committed – forty-five (45) days before a regular election or thirty (30) days
before a special election.
20. Construction of Public Works, Delivery of Materials for Public Works and Issuance
of Treasury Warrants and Similar Devices
When committed – forty-five (45) days before a regular election or thirty (30) days
before a special election (OEC, Art. XXII, Sec. 261, Par. w).

21. Suspension of Elective Provincial, City, Municipal or Barangay Officer

22. On Registration of Voters (OEC, Art. XXII, Sec. 261, Par. (y))

Election Offenses in Special Laws:

1. R.A. 6646 or The Electoral Reforms Law of 1987;

2. R.A. 8189 or The Voter’s Registration Act of 1996 ;
3. R.A. 10590 or The Overseas Voting Act of 2013
4. R.A. 9006 or Fair Elections Act;
5. R.A. 10367, Mandatory Biometrics Voter Registration:
a. Any person who shall prohibit, impede, obstruct or prevent a registered voter or
a new voter from submitting his or her biometrics for capture through the use of
force, intimidation or monetary consideration; and
 b. Any public official or person who, under the guise of implementing this Act, shall
unjustifiably and without due process, cause the deactivation or reactivation of
any registered voter (R.A. 10367, Sec. 11).

6. RA 9369, Law on Automated Elections.

JURISDICTION over Election Offenses:

1. COMELEC has exclusive jurisdiction to investigate and prosecute cases involving
violations of election laws (CONT. Art. IX-C, Sec. 2, Par. [6]);
a. But COMELEC may delegate the power to the Provincial Prosecutor (People v.
Judge Basilia, G.R. Nos. 83938-40, November 6, 1989).
b. It is not the duty of the COMELEC, as investigator and prosecutor to gather proof
in support of a complaint filed before it (Kilosbayan v. COMELEC, G.R. No.
128054, October 16, 1997).
c. The Ombudsman or Prosecutor may prosecute election offenses if deputized by
the COMELEC (OEC, Art. XXII, Sec. 265).
2. The Regional Trial Court has exclusive original jurisdiction to try and decide any
criminal actions or proceedings for violation of election laws(OEC, Art. XXII, Sec.
268);
3. The Metropolitan or Municipal Trial Court, by way of exception, exercises
jurisdiction only over offenses relating to failure to register or to vote (OEC, Art.
XXII, Sec. 268).

Summary of Rules on Jurisdiction

Proceedings Jurisdiction

Elective Barangay Officials

Election Protest/ Quo Warranto Metropolitan Trial Courts,

Municipal Trial Courts in Cities,
MTC, MCTC

Appeal/Certiorari/Mandamus/
COMELEC
Prohibition

Certiorari (from COMELEC decisions) SC

Elective Municipal Officials

Election Protest/ Quo Warranto RTC

Appeal/Certiorari/
COMELEC
Mandamus/Prohibition

Certiorari (from COMELEC decisions) SC

Elective Regional, Provincial, City Officials

Election Protest / Quo Warranto COMELEC

Certiorari SC

Members of the House of Representatives

Election Protest / Quo Warranto HRET

Certiorari (from HRET decisions) SC

Members of the Senate

Election Protest/ Quo Warranto SET

Certiorari (from SET decisions) SC

President and Vice-President

Election Contests/ Quo Warranto SC (Presidential Electoral Tribunal)