ELECTION LAWS

BY ATTY. RAUL B. MARIFOSQUE

*Suffrage -It means the right to vote in an election of all officers chosen by the people and in the determination of all questions submitted to the people. *The Govern ng E!e"# on La$ n #he %h ! && ne' Ans. Sources: (A) Pre- ommon!ealth "lection #a! covering period from $%&'- $%(). (*) +.A. $,& (+evised "lection ode as amended by +.A. )%%- ,.' etc. 12"#" implementing the ourt. ( ) "lection #a! after martial la!. (/) 0arious +esolution passed by the election la!s during their respective times. (") /ecisions and legal 3urisprudence by the Supreme *COMELEC Po!ers and 4unctions As provided in the onstitution (A) Admin and Supervision of elections (*) Promulgate rules and regulations *( n)' of E!e"# on' (A) 5eneral or +egular (*) Special "lection *S*'#e+ of ,o# ng un)er E!e"# on La$ -Australian ballot system

*,o# ng of En Ban" COMELEC Me+-er' -2a3ority of all its members *.a' #he COMELEC #he &o$er #o annu! !!ega! reg '#r* ! '#' of vo#er'/ -6es. 0%ru)en#e v'.Gen u+ Nov. 12 34536 as this is !ithin the constitution po!er of the 12"#" .

*7oe' COMELEC have #he &o$er #o "an"e! #he "anva'' of e!e"# on re#urn' of #he Boar) of Canva''er'/ -6es. 0A-an#e v'. Re!a#o GR No. L1839:34596 *.a' #he COMELEC #he &o$er #o )e" )e ;ue'# on' nvo!v ng #he r gh# #o vo#e/ -7his is e8pressly !ithheld from the COMELEC6. *7oe' #he COMELEC have #he &o$er #o nve'# ga#e an) &ro'e"u#e e!e"# on off "er'/ -6es. A. % +en#e! v'. COMELEC 48 SCA7 9< 034486 *.o$ $ !! #he COMELEC )e! -era#e n e!e"# on "a'e'/ -It may sit "n *anc or in t!o divisions and shall promulgate its o!n rules and regulations to e8pedite the disposition of cases including pre- proclamation cases. *When +a* #he Su&re+e Cour# Rev e$ or)er' of COMELEC/ -Illegal or constitute gross abuse of discretion. 0SUMULONG v'. COMELEC6 *When "an an e!e"# on #a=e &!a"e/ -If it is e8pressly provided by la!. 0Gar"h #orena v'. Cre' ne 94 %h !. >586 *Who ha' #he &o$er #o )e"!are a fa !ure of e!e"# on. 12"#" . 0Na" ona! '#a %ar#* v'.

- 12"#" 0Loong v'. COMELEC <? SCA7 1>16 *Ma* a %o! # "a! %ar#* &ar# " &a#e n #he &ar#*@ ! '# e!e"# on/ -6es. 9nder the Aune >12 >??3 *Wha# ' #he effe"# of f ! ng a "er# f "a#e of "an) )a"* -* a &er'on ho!) ng &u-! " a&&o n# ve off "e or &o' # on/ -Any person holding a public appointive office or position- including active members of the Armed 4orces of the Philippines- and officers and employees in government ; o!ned or controlled corporations- shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy. 0Se". 11 Ar#. IB2 B.%. B!g. 8836 *Wha# ' #he effe"# of #he f ! ng of a "er# f "a#e of "an) )a"* -* an e!e"# ve &rov n" a!2 +un " &a! or " #* off " a!'/ -Any elective official- !hether national or local- !ho has filed a certificate of candidacy for the same or any other office shall no be considered resigned from office. 0Se". >92 COMELEC Re'o!u# on No. 91912 Ru!e' an) Regu!a# on' I+&!e+en# ng R.A. No. 4??1 o#her$ 'e =no$n a' CFa r E!e"# on A"#D for #he Ma* 3E2 >??3 Na# ona! an) Lo"a! E!e"# on'6. *7oe' #he fa"# #ha# a &er'on ' reg '#ere) a' a vo#er n one ) '#r "# &rove #ha# he ' no# )o+ " !e) n ano#her ) '#r "#/ Wh*/ -<o. 7he fact that a person is registered as a voter in one district is not proof that he is not domiciled in another voter in a place other that his residence of origin is not sufficient to consider him to have abandoned or lost his residence. 0Mar" #a Ma+-a %ereF v'. COMELEC2 G.R. No. 3994EE2 O"#o-er >82 3444 onstitution and +.A. '%:$ 0Ba*an Muna v'. COMELEC6

" # ng Fa*&on v'. Qu r no2 41 %h !. >4E6. =ell- settled is the rule that residence is synonymous !ith domicile. *I' #here a "on'# #u# ona! r gh# #o run for or ho!) &u-! " off "e/ EG&!a n. -<one. =hat is recogni>ed is merely a privilege sub3ect to limitations imposed by la!. Section ?.- Article II of the onstitution neither besto!s such a right nor elevates the privilege to the level of an enforceable right. 7here is nothing in the plain language of the provision !hich suggests such a thrust of 3ustifies an interpretation of the sort. -7he @equal accessA provision is not self- e8ecuting- and there is no plausible reason for according a different treatment to the @equal accessA provision. #iBe the rest of the policies enumerated in Article II- the provision does not contain any 3udicially enforceable onstitutional right but merely specifies a guideline for legislative or e8ecutive action. 7he disregard of the provision does not give rise to any cause of action before the courts. 0Rev. E!!* %a+a#ong v'. COMELEC2 G.R. No. 3138<>2 A&r ! 392 >??E6 *Wh* )oe' #he !a$ re'erve #he r gh# #o run for &u-! " off "e on!* #o " # Fen' of #he %h ! && ne'/ -7his is so because the assumption is that those !ho are resident aliens of a foreign country are incapable of such entire devotion to the interest and !elfare of their homeland for !ith one eye on their duties here- they must Beep another eye on their duties under the la!s of the foreign country of their choice in order to preserve their status as permanent residents thereof. 0Caa' v'. CA2 G.R. No. 88893H COMELEC v'. M gue!2 G.R. No. 8E5?82 Nove+-er 82 344?6. *Who ' a 'u-'# #u#e "an) )a#e/ -A substitute candidate is one !ho taBes the place of another !ho is no longer a candidate- other!ise- the former !ould be an additional- not a substitute candidate. 0%on#a$e v'. COMELEC2 G.R. No. 549E92 A&r ! >E2 34856.

*If a "an) )a#e ' ) ';ua! f e) af#er #he !a'# )a* of f ! ng "er# f "a#e' of "an) )a"*2 $ha# "ou!) -e #he re+e)*/ -7here may be a substitute candidate. 7he substitution may be on or before mid- day of the day of the election. 0%on#a$e v'. COMELEC2 G.R. No. 549E92 A&r ! >E2 34856. *Who "an -e a 'u-'# #u#e "an) )a#e n "a'e a "an) )a#e ) e'2 or ' ) ';ua! f e) or $ #h)ra$' af#er #he !a'# )a* for f ! ng of #he "er# f "a#e of "an) )a"*/ -1nly a person belonging to and certified by the same political party may file a certificate of candidacy to replace the candidate !ho died- !ithdre! or !as disqualified. 7he substitute candidate nominated by the political party concerned may file his certificate of candidacy for the office affecter not later than mid- day of the day of the election. If the death- !ithdra!al or disqualification should occur bet!een the day before the election and mid- day of election day- said certificate may be filed !ith any board of election inspectors in the political subdivision !here he is a candidate- or- in the case of candidates to be voted for by the entire electorate of the country- !ith the ommission. 07o+ ngo v'. C #* Boar) of Canva''er'2 G.R. No. 3?59152 Aune >2 344>6. *Wha# ' #he na#ure of #he or)er of #he COMELEC ) ';ua! f* ng a "an) )a#e/ Wh*/ -It is immediately e8ecutory- other!ise- there !ould be no need to nominate a substitute. 0%on#a$e v'. COMELEC2 'u&ra6. *Wha# are #he &roh - #e) +ean' of "o!!e"# on of fun)' for e!e"# on &ur&o'e'/ -It shall be unla!ful for any person to hold dances- lotteries- cocBfightsgames- bo8ing bouts- bingo- beauty contests- entertainments- or cinematographic theatrical or other performances for the purpose of raising funds for an election campaign or for the support of any candidate from the

commencement of the election period up to and including election dayC or for any person or organi>ation- !hether civic or religious- directly or indirectly- to solicit andD or accept from any candidate for public office- or from his campaign manager- agent or representative- or any person acting in their behalf- any giftfood- transportation- contribution or donation in cash or in Bind from the commencement of the election period up to and including election dayC providedthat normal and customary religious stipends- tithes- or collections on Sundays andD or designated collection days- are e8cluded from this prohibition. 0Se". 4<2 Ar#. BI2 B.%. B!g. 8836 *Wha# 'ha!! "on'# #u#e #he &er+anen# ! '# of vo#er'/ -Any provision of P./. <o. $,%. to the contrary not!ithstanding- the list of voters prepared and used in the election of 2embers of the *atasang Pambansa on 2ay $:- $%,:- !ith such additions- cancellations and corrections as may hereafter be made in accordance !ith the provisions of this ode- shall constitute the permanent list of voters in each city or municipality- as the case may be until $%%.. -4or the purposes of the ne8t follo!ing election- the ommission- through the election registrars- shall assign the proper precincts and polling places to the registered voters in said list. =ritten notice of any such change shall be made to the affected voters !ithin t!o !eeBs therefrom. 0Se". 3392 Ar#. BII2 B.%. B!g. 8836 *Who +a* -e reg '#ere) n #he ! '# of vo#er'/ -All persons having complied !ith the requisites herein prescribed for the registration of voters shall be registered in the list- provided they possess all the qualifications and none of the disqualifications of a voter. 7hose !ho failed to register in the election of $%,:- for any reason !hatsoever- may register in accordance !ith the provisions of this ode. Any person !ho may not have on the date of registration the age or period of residence may also be registered upon proof that on the date of the election- plebiscite or referendum- he shall

have such qualifications. 0Se". E2 %.7. No. 38412 a' a+en)e)H Se". 3312 Ar# BII2 B.%. B!g. 8836 *Wha# are #he ;ua! f "a# on' &re'"r -e) for a vo#er/ -"very citi>en of the Philippines- not other!ise disqualified by la!eighteen years of age or over- !ho shall have resided in the Philippines for one year and in the city or municipality !herein he proposes to vote for at least si8 months immediately preceding the election- may be registered as a voter. *Wha# "on'# #u#e' re' )en"e for &ur&o'e' of #he e!e"# on !a$/ -7he term residence- as used in constitutional and statutory provisions relating to the qualifications of electors- is synonymous !ith home or domiciledenoting a permanent d!elling place- to !hich the party !hen absent- intends to return. =hile one cannot by intention alone fi8 his d!elling place- yet the fact of residence for the purpose of voting depends largely on the intention of maBing it a permanent home- !ill no! qualify the so3ourner as an elector- unless it is other!ise provided by the onstitution or statute. Eence- the t!o things must concur ; the act of residing coupled !ith the intention to do so. 0>? C.A.2 &. 18H Ro+ua!)eF v'. COMELEC6 *G ve #he "r #er on n )e#er+ n ng oneI' re' )en"e. -=hile there is no absolute criterion to determine oneFs place of residenceyet the follo!ing rules seem to be established: $) 7hat a man must have a residence some!hereC ?) 7hat once established- the old residence is presumed to continue until a ne! one is establishedC and () 7hat a man can have but one domicile of citi>enship at a time. -=hen circumstances are such that a man may claim a domicile at either one or t!o places- the place !hich he regards as his home or domicile !ill be his residence for the purpose of voting. 0>? C.A.2 &. 146. *Who +a* "ha!!enge #he r gh# of a &er'on #o reg '#er/

-Any person applying for registration may be challenged before the *oard of "lection Inspectors on any member- voter- candidate- or !atcher. 7he board shall then e8amine the challenged person and shall receive such other evidence as it may deem pertinent- after !hich it shall decide !hether the voter shall be included in or e8cluded from the list as may be proper. All challenges shall be heard and decided !ithout delay- and in no case beyond three (() days from the date the challenge !as made. -After the question has been decided- the *oard of "lection Inspectors shall give to each party a brief certified statement setting forth to the challenge and the decision thereon. 0Se". 9>2 %.7. No. 38412 a' a+en)e)H Se". 3912 Ar#. BII2 B.%. B!g. 8836. *When an) -* $ho+ +a* #he reg '#r* ! '# of vo#er' -e annu!!e)/ -Any booB of voters not prepared in accordance !ith the provisions of this ode or the preparation of !hich has been effected !ith fraud- bribery- forgeryimpersonation- intimidation- force- or any other similar irregularity or !hich list is statistically improbable may- upon verified petition of any voter or election registrar- or duly registered political party- and after notice and hearing- be annulled by the ommission: Provided- that no order- ruling or decision annulling a booB of voters shall be e8ecuted !ithin si8ty days before an election. 0Se". 3E52 Ar#. BII2 B.%. B!g. 8836. *.o$ are e!e"# on n'&e"#or' an) &o!! "!er=' a&&o n#e)/ -At least thirty days before the date !hen the voters list is to be prepared in accordance !ith the ode- in the case of a regular election or fifteen days ommission shall directly or through its duly before a special election- the

authori>ed representatives- constitute a board of election inspectors for each precinct to be composed of a chairman and a poll clerB !ho must be public school teachers- priority to be given to civil service eligibles- and t!o memberseach representing the t!o accredited political parties. 7he appointment shall

state the precinct to !hich they are assigned and the date of the appointment. 0Se". 31E2 Ar#. BI,2 B.%. B!g. 8836. *Wha# are ;ua! f "a# on' of +e+-er' of #he Boar) of E!e"# on In'&e"#or'/ -<o person shall be appointed chairman- member or substitute member of the board of election inspectors unless he is of good moral character and irreproachable reputation- a registered voter of the city or municipality- has never been convicted of any election offense or of any other crime punishable by more than si8 moths of imprisonment- or if he has pending against him an information for any election offense. Ee must be able to speaB and !rite "nglish or the local dialect. 0Se". 3112 Ar#. BI,2 B.%. B!g. 8836. *Who are ne! g -!e for a&&o n#+en# a' +e+-er' of #he Boar) of In'&e"#or'. -<o person shall serve as chairman or member of the *oard of "lection Inspectors if he is related !ithin the fourth civil degree of consanguinity or affinity to any member of the board of election inspectors or to any candidate to be voter for in the polling place or his spouse. 0Se". 31<2 Ar#. BI,2 B.%. B!g. 8836. *.o$ +a* a +e+-er of #he Boar) -e re! eve) of h ' )u# e'/ -Public school teachers !ho are members of the board of election inspectors shall not be relieved nor disqualified from acting as such members- e8cept for cause and after due hearing. -Any member of the *oard of "lection Inspectors- nominated by a political party- as !ell as his substitute may at any time be relieved from office and substituted !ith another having the legal qualifications upon petition of the authori>ed representatives of the party upon !hose nomination the appointment !as made- and it shall be unla!ful to prevent said person from- or disturb him in- the performance of duties of the said office. A record of each case of substitution shall be made- setting forth therein the

hour in !hich the replaced member has ceased in the office and the status or the !orB of the *oard of "lection Inspectors. Said record shall be signed by each member of the board of election inspectors including the incoming and outgoing officers. 0Se". 3<32 Ar#. BI,2 B.%. B!g. 8836 *Can #he e!e"# on n'&e"#or' 0E!e"# on Co++ ##ee6 &a'' u&on #he e! g - ! #* of "an) )a#e' )ur ng #he "oun# ng of #he vo#e'/ -<o. 7he duties of election inspectors are confined to the conduct of the election- the counting of the votes- and the certification of the results in so far as it relates to the properly certified candidates. 7he question as to the eligibility of a candidate of office is one !ith !hich they have no authority to decide. 0See Cae'ar v'. Garr )o 2 59 %h !. 4<6. *Wha# are +ar=e) -a!!o#'/ -2arBed ballots containing distinguishing marBs- the purpose of !hich is to identify them. *Wha# ' #he "ar) na! ru!e n #he a&&re" a# on of -a!!o#'/ EG&!a n. -7he cardinal ob3ective of ballot appreciation is to discover and give effect to- rather than frustrate the intention of the voters- thus- every ballot shall be presumed valid unless clear and good reasons 3ustify its re3ection. "8treme caution should be observed before any ballot is invalidated and doubts in the appreciation of ballots are resolved in favor of their validity. 0Se". >332 B.%. 883H Torre' v'. .RET2 953 SCRA 93> J>??3K6. 7hus- it is a !ell- founded rule ensconced in our 3urisprudence that la!s and statutes governing election contests especially appreciation of ballots must be liberally construed to the end that the !ill of the electorate in the choice of public officials may not be defeated by technical infirmities. 07e GuF+an v'. COMELEC2 e# a!.2 G.R. No. 354<392 Mar"h 932 >??E " # ng B n"e2 Ar. v'. COMELEC >E> SCRA ><9 J3445KH Ben #o v'. COMELEC2 >95 SCRA E91 J344EKH %ah !an v'. Ta-a!-a2 >9? SCRA >?5 J344EKH Arue!o2 Ar. v'. Cour# of A&&ea!'2 >>< SCRA 933 J3449KH Ta#!onghar

v'. COMELEC2 344 SCRA 8E4 J3443KH Un)a v'. COMELEC2 34? SCRA 8>< J344?KH an)2 7e Leon v'. Gua) F2 Ar.2 3?E SCRA 843 J3483K6. *Wha# are #he ''ue' ra 'e) n a &re@ &ro"!a+a# on "on#rover'*/ -7he follo!ing issues are raised in a pre- proclamation controversy: (a) Illegal composition or proceedings of the board of canvassers. (b) 7he canvassed election returns are incomplete- contain material defects- appear to be tampered !ith or falsified- or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Sections ?((- ?(:(- ?() and ?(. of this ode. (c) 7he election returns !ere prepared under duress- threats- coercion- or intimidation- or they are obviously manufactured or not authenticC and (d) =hen substitute or fraudulent returns in controverted polling places !ere canvassed- the results of !hich materially affected the standing of the aggrieved candidate or candidates. 0Se". >E92 O+n -u' E!e"# on Co)e6. -7he enumeration is restrictive and e8clusive. 07ag!o" v'. COMELEC2 e# a!.2 G.R. No. 35EE>@E<2 7e"e+-er 3?2 >??96 *Wha# are #he +a##er' "overe) n &re@ &ro"!a+a# on "on#rover' e'/ EG&!a n. -Pre- proclamation controversies are limited to: ($) challenges directed against the composition or proceedings of the board of canvassers (not the board of election inspectors)- or (?) challenges related to election returns to !hich a party must have made specific ob3ection. Eence- if the ob3ection to the election returns are @that the election returns are manufactured- fabricated or not authentic- considering that the election returns includes votes on ballots !hich are spurious- marBed and invalid ballots-A the ob3ections are not proper in a proclamation controversy since the ob3ection as !orded- do not challenge the returns- but are directed primarily at the ballots reflected in the returns. 7hus- it is settled that issues relative to the appreciation of ballots cannot be raised in a proclamation controversy.A

-@Appreciation of ballots is the tasB of the board of election inspectors- not the board of canvassers- and questions related thereto are proper only in election protests.A 07ag!o" v'. COMELEC2 e# a!.2 G.R. No. 35EEE>@E<2 7e"e+-er 3?2 >??96 *Af#er &ro"!a+a# on2 ' a &re@ &ro"!a+a# on "on#rover'* '# !! v a-!e/ I' #he ru!e a-'o!u#e/ Wh*/ -<o. After a proclamation has been made- a pre- proclamation case before the 12"#" is no longer viable. 0Ga!!ar)o v'. R +an)o2 38< SCRA E19H 12"#" Ca' + ro v'. COMELEC2 3<3 SCRA E18H Sa!va" on v'. COMELEC2 3<? SCRA 539H %a) !!a v'. COMELEC2 39< SCRA E>E6. In Sison vs. $&: S A/ $?%- (&: S +A $'&- it !as said that the more appropriate remedy is election protest or quo !arranto. 0Lao)en o v'. COMELEC2 85 SCA7 EE32 ><1 SCRA <?5H Torre' v'. COMELEC2 83 SCA7 >>82 ><? SCRA 5896. -7here are e8ceptions liBe: a) !here the board of canvassers !as improperly constitutedC b) !here a quo !arranto !as not properly filedC c) !here !hat !as filed !as not really a petition for quo !arranto or an election protest but a petition to annul a proclamationC d) !here the filing of a quo !arranto petition or an election protest !as e8pressly made !ithout pre3udice to the pre- proclamation controversy or !as made ad cautelamC and e) !here the proclamation !as null and void. 0Lao)en o v'. COMELEC2 e# a!.2 'u&ra6. *Wha# ' #he ne gh-orhoo) ru!e/ I!!u'#ra#e #. -9nder the neighborhood rule- if the name of a candidate !as !ritten on the !rong space- it should be counted in his favor if the intention to vote for him for the correct position can be determined. In the case of Ler a' v'. COMELEC2 it !as observed that the ballot in !hich the first name and the surname !ith the initial of the first name of +osette 6nigue> #erias- !ho !as a candidate for

representative- !as !ritten in the space for senators- should be counted in her favor- !here the space for the Eouse of +epresentatives !as left blanB. 0Ler a' v'. COMELEC6. *Wha# 'hou!) -e a!!ege) n #he e!e"# on &ro#e'#/ $) 7hat the protestant is a candidate voted for in the last election and that he has presented a certificate of candidacyC ?) 7hat the protestee has been proclaimed in the said electionC and () 7he date of the proclamation in order to determine the period !ithin !hich the protest should be filed. -7he above facts are 3urisdictional. 7he ourt of 4irst Instance (no! +7 ) being a court of special and limited 3urisdiction- cannot try an election protest until the special facts upon it may taBe 3urisdiction are e8pressly sho!n in the motion of protest. 0Teng"o v'. Ao"'on2 E9 %h . <356. *Wha# ' #he re+e)* of an aggr eve) &ar#* af#er #he &ro"!a+a# on of a "an) )a#e/ I' #he ru!e a-'o!u#e/ EG&!a n. -As a general rule- the proper remedy after the proclamation of the !inning candidate for the position contested !ould be to file a regular election protest or a petition for quo !arranto. 7his rule- ho!ever- admits of e8ceptions- to !it: ($) !here the board of canvassers !as improperly constitutedC (?) !here quo !arranto !as not the proper remedyC (() !here !hat !as filed !as not really a petition for quo !arranto or an election protest but a petition to annul the proclamationC (:) !here the filing of a quo !arranto petition or an election protest !as e8pressly made !ithout pre3udice to the pre- proclamation controversy or !as made ad cautelamC and ()) !here the proclamation !as null and void. 0LorenFo v'. COMELEC2 e# a!.2 G.R. No. 3589<32 7e"e+-er 332 >??9 " # ng I-a'"o v'. I!ao2 33? %h !. 5592 J341?K6.

*Ma* a &ar#* n an e!e"# on "on#e'# ) '&en'e $ #h #he f ! ng of a +o# on for re"on' )era# on fro+ a )e" ' on of #he 7 v ' on of #he COMELEC #o #he en -an"/ EG&!a n. -<o. 9nder the e8isting !ithin the 3urisdiction of the onstitutional scheme- a party to an election case 12"#" in division cannot dispense !ith the filing

of a motion for reconsideration having been filed. 0A+- !2 Ar. v'. COMELEC2 9EE SCRA 958 J>???K6. 4ailure to abide by this procedural requirement constitutes a ground for dismissal of the petition. *When +a* Lu) " a! "oun# ng of vo#e' n e!e"# on "on#e'#' -e or)ere)/ -=here allegations in a protest or counter- protest so !arrant- or !henever in the opinion of the court the interests of 3ustice so require- it shall immediately order the booB of voters- ballot bo8es and their Beys- ballots and other documents used in the election to be brought before it and that the ballots be e8amined and the votes recounted 0Se". >>52 Ar#. BBI2 B.%. B!g. 883H Gar" a v'. COMELEC2 G.R. No. 88358H U* v'. COMELEC2 G.R. No. 4<3?82 Ma* 52 344>6. *Un)er $ha# " r"u+'#an"e' +a* #he e!e"# on n a &o! # "a! un # -e annu!!e)/ Wh*/ -In order to annul the election in a political unit- t!o (?) conditions must concur: a) 7he illegality must affect more than )&G of the votes castC and b) It must be impossible to distinguish the good votes from the bad. -=hen more than )&G of the total number of votes are illegal- the annulment is 3ustified for the reason that the remainder did not constitute a valid constituency. 0E'&a!)on v'. Ban)on2 .RET Ca'e No. 3E2 Nove+-er >12 344?6. *When +a* a &ro"!a +e) "an) )a#e -e un'ea#e)/ -A proclaimed candidate may be unseated if:

$) 7he opponent is ad3udged the true !inner of the election by final 3udgement 0Se". >536H ?) 7he prevailing party is declared ineligible or disqualified by final 3udgment in a quo !arranto case 0Se". >592 OEC6H () 7he incumbent is removed from office for cause 0Se". >1E2 OECH Se"'. 382 42 M 3>2 R.A. No. 9?34H Ga!!ar)o v'. R +an)o2 G.R. No. 43<382 Au!* 392 344?6.