Election Laws Reviewer

Defnition:
Sufrage the right and obligation of qualifed citizens to vote in the
election of certain national and local of the government and in the
decisions of ublic questions submitted to the eole! "t includes
within its scoe: election# lebiscite# initiative# referendum and
recall!
Election the means b$ which the eole choose their o%cials for a
defnite and f&ed eriod and to whom the$ entrust for the time
being as their reresentatives the e&ercise of the owers of the
government# "t involves the choice of selection of candidates to
ublic o%ce b$ oular vote!
'lebiscite a vote of the eole e&ressing their choice for against
a roosed law or enactment submitted to them! (n election at
which an$ roosed amendment to or revision of the )onstitution
is submitted to the eole for their ratifcation! ( constitutional
requirement o secure the aroval of the eole directl$ afected#
before certain roosed changes afecting local governments units
ma$ be imlemented!
"nitiative it is the rocess b$ which the registered voters directl$
roose# amend laws# national or local# though an election called
for the roose! (mendments to the )onstitution ma$ li*ewise be
directl$ roosed b$ the eole though initiative!
Referendum+ it is at he submission of a law ass b$ the national or
local legislative bod$ to the registered voters of an election called
for the urose for their ratifcation or re,ection!
Recall+ it is a method b$ which a ublic o%cer ma$ be removed
from o%ce during his tenure or before the e&iration of his term b$
a vote of the eole after registration of a etition singed b$ a
required ercentage of the qualifed voters!
Since the right of sufrage is a olitical and not a natural right# it is
within the ower of the state rescribe the manner in which such
right shall be e&ercised! )ongress is mandated b$ the )onstitution
-Sec!.# (rt! /0:
1o rovide a s$stem for securing the secrec$ and sanctit$ of the
ballot# and for absentee voting b$ qualifed 2iliinos abroad# and
1o design a rocedure for the disabled and the illiterate to vote
without the assistance of other ersons!
13E )455"SS"46 46 ELE)1"46S
)omosition# 7ualifcations# (ointment#
1erm of 4%ce
1he )45ELE) is comosed of a chairman and si& -80 )ommission#
1he )hairman and the 5embers of the )ommission shall be:
9 natural +born citizens of the 'hiliines
9 at least thirt$+fve $ears of age
9 holders of a college degree
9 must not have been candidates for an$ elective osition in the
immediatel$ receding election
9 ma,orit$ thereof# including the )hairman shall be members of the
'hiliines :ar who have been engaged in the ractice of law for
at least ;< $ears -reason: )45ELE) e&ercises quasi+,udicial
owers0
1he )hairman and 5embers are aointed b$ the resident with
the consent of the commission on (ointment for the term seven
-=0 $ears without reaointment on a staggered basis to ma*e the
)45ELE) a continuing and self+eretuating bod$! )onsequentl$#
its members would have the beneft of the e&erience and
e&ertise of the order members of the erformance of its functions#
and ma*es for greater resonsibilit$ for its olicies and decisions
and serve as guarantee against arbitrar$ action which is li*el$ to
occur in a bod$ handling artisans questions!
( member aointment and designations in temorar$ or acting
caacit$ are not allowed to reserve its indeendence!
Disabilities# inhibitions>disqualifcations
;! Shall not# during tenure# hold an$ other o%ce or emlo$ment
.! Shall not engage in the ractice of rofession
?! Shall not engage in active management or control of an$
business which in an$ a$ ma$ be afected b$ the functions of his
o%ce
@! Shall not be fnanciall$ interested# directl$ or indirectl$# in an$
contract with# or in an$ franchise or rivilege granted b$ the
Aovernment# an$ of its subdivisions# agencies or instrumentalities#
including A4)) s or their subsidiaries!
Safeguards to insure the indeendence of the )45ELE)
"t is constitutionall$ createdB ma$ not be abolished b$ statute
"t is e&ressl$ described as CindeendentD
"t is conferred with certain owers and functions which cannot be
reduced b$ statute!
1he chairman and members cannot be removed e&cet b$
imeachment!
1he chairman and members are given fairl$ long term of o%ce of
seven $ears!
1he chairman and members ma$ not be reaointed or aointed
in an acting caacit$!
1he salaries of the chairman and members are relativel$ high and
ma$ not be decreased during continuance in o%ce!
1he )45ELE) en,o$ fscal autonom$!
1he )45ELE) ma$ romulgate its own rocedural rules# rovided
the$ do not diminish# increase or modif$ substantive rights -though
sub,ect to disaroval b$ the Sureme )ourt0
1he )hairman and 5embers are sub,ect to certain disqualifcations
calculated to strengthen their integrit$!
1he )45ELE) ma$ aoint their own o%cials and emlo$ees in
accordance with )ivil Service Laws!
En :anc E Division )ases
SE) ?# (R1 "F+) C1he )45ELE) ma$ sit en banc or in two divisions#
and shall romulgate its rules of rocedure in order to e&edite
disosition of election cases# including re+roclamation
controversies! (ll such election cases shall be heard and decided in
division# rovided that motions for reconsideration of decision shall
be decided b$ )45ELE) en bancD
1he Sureme )ourt set aside the resolutionsGdecisions of the
)45ELE) because dthe )45ELE) en banc to** original
cognizance of the cases without referring them frst to the
aroriate Division -Sarmiento vs! )45ELE) .;. S)R( ?<=B
Harate vs )45ELE)# ?;I S)R( 8<I0
"nterlocutor$ orders issued b$ a division of the )45ELE) cannot be
elevated to the )45ELE) en banc! -Jho vs! )45ELE)# .=K S)R(
@8?0
1he following cases must be decided in Division before the$ ma$
be heard en bnc on motion for reconsideration:
9 'etition to cancel a certifcate of candidac$! -Aarvida vs! Sales#
.=; S)R( =8@0
9 )ases aealed from the R1) or 51) -Harate vs! )45ELE)#?;I
S)R( 8<I0
9 'etition for certiorari involving incidental issues of election
rotest!-Soller vs! )45ELE)#??K S)R( 8IL0
1he )45ELE) en banc# however# ma$ directl$ assume ,urisdiction
over etitions for correction of manifest errors in the tabulation or
tall$ing of results -Ststement of votes0 b$ the :oard of )anvassers#
notwithstanding that the same is a re+roclamation comtrovers$!
Section L# Rule .= of the ;KK? Rules of the )45ELE) e&ressl$
rovides that re+roclamation controversies involving correction
of manifest errors in the tabulation of results ma$ be fled directl$
with the )45ELELE) cen banc! -1orres vs! )45ELE)#.=< S)R(
LI?B Ramirez vs! )45ELE)#.=< S)R( LK<0
1he )45ELE) en banc determines the e&istence of robable
cause!-2aelnar vs! )45ELE)#??; S)R( @.K0
DE)"S"46S
(R1 "F+(# Section = CEach commission-)45ELE)0 shall decide b$ a
ma,orit$ vote of all its 5embers an$ case or matter brought before
it within si&t$ da$s from date of its submission for decision or
resolution! ( case or matter is deemed submitted for decision or
resolution uon the fling of the last leading# brief# or
memorandum required b$ the rules of the )ommission or b$ the
)ommission itself! Mnless otherwise rovided b$ the )ommission or
b$ lawB an$ decision# order# or ruling of each )ommission ma$ be
brought to the Sureme )ourt on certiorari b$ the aggrieved art$
within ?< da$s from receit of a co$ thereof!D
1he )45ELE) shall decide b$ a ma,orit$ vote of all its members in
an$ case or matter brought before it within 8< da$s from date of its
submission for decision or resolution! 1wo members shall constitute
a quorum for the transaction of the o%cial business of the Division!
( case being heard b$ it shaa be decided with the unanimous
concurrence ofc all three )ommissioners and its decision shall be
considered a decision of the commission! "f this required number is
not obtained# as when there is a dissenting oinion# the case ma$
be aealed to the )ommission en banc# in which case the vote of
the ma,orit$ shall be the decision of the )ommisssion!
1he court holds that .+; decision rendered b$ the 2irst Division was
a valid decision under (R1 "F+( #Section = of the )onstitution!
2urthermore# the three members who voted to a%rm the 2irst
Division constituted a ma,orit$ of the fve members who
deliberated and voted thereon en banc and their decision is also
valid under the aforecited constitutional rovisions! -)ua vs!
)45ELE)# ;L8 S)R( LI=0
4ne who is no longer a member of the )45ELE) at the time the
fnal decision or resolution is romulgated cannot validl$ ta*e art
in that resolution or decision#much more could he be the onente
of the resolution or decision!-(mbil vs! )45ELE)# ?@@ S)R( ?LI0
RMLES 42 'R4)EDMRE
1he )45ELE) en banc ma$ romulgate its own rules concerning
leadinga and ractice before it or before an$ of its o%ces! Such
rules# however# shall not diminish#increase or modif$ substantive
rights! 1he Rules of )ourt alies suletoril$ to roceedings
before the )45ELE)! -'aangarungan vs! )445ELE)#.;8 S)R(
L..0
)46S1"1M1"46(L '4NERS (6D 2M6)1"46S
9 Enforce and administer laws relative to conduct of elections
1he regular courts have no ,urisdiction to entertain a etition to
en,oin the construction of ublic wor*s ro,ects within @L da$s
before an election!-Aallardo vs! 1abamo#.;I S)R( .L?0
9 Decide election contests involving regional# rovincial and cit$
o%cials
ELE)1"46 )461ES1 refers to the adversar$ roceedings before
which matters involving the title or claim to an elective o%ce made
before or after roclamation of the winner#is settled whether or not
the contestant is claiming the o%ce in disute! "t is neither a civil*
action nor crimianal roceedingBit is a summar$ roceeding of a
olitical character! "ts urose is to ascertain the candidate lawfull$
elected to o%ce!-Oavier vs! )45ELE)#;@@ S)R( ;K@0
1he )45ELE) has e&clusive aellate ,urisdiction over#inter alia#
contest involving elective baranga$ o%cials decided b$ trial courts
of limited ,urisdiction!-:eso vs! abolla#?.= S)R( ;<<0
1he rovision of R( 88=K granting aellate ,urisdiction to the R1)
over decisions of 51)s in electoral cases involving elective
baranga$ o%cials is unconstitutional! -2lores vs! )45ELE)#;I@
S)R( @I@0
1he )45ELE) is the roer aellate court clothed with ,urisdiction
to hear the aeal# which must frst be fled wi$hin L da$s after the
romulgation of the 51)s decision-(ntonio vs! )45ELE)#?;L S)R(
8.0
1he election of SJ are goverened b$ the 4mnibus Election )ode!
(n$ contest relating to the election of the SJ -including the
chairman whether ertaining to their eligibilit$ or the manner of
their election is cognizable b$ 51)s#51))s# and 5e1)s! "t is the
roclamation which mar*s of the ,urisdiction of the courts from the
,urisdiction of election o%cials! -5arquez vs! )45ELE)# ?;? S)R(
;<?0
1he )45ELE) has aellate ,urisdiction over election rotest cases
involving elective municial o%cials decided b$ courts of general
,urisdiction! -)arlos vs! (ngeles#?@8 S)R( 8=;0
9 Decide all questions afecting elections
1he )45ELE) has no ,urisdiction over questions involving the right
to vote which includes qualifcations and disqualifcations of voters#
the right of a erson to be registered as voter# the right to cast his
vote# and other allied questions! Such questions shall be decided
b$ the courts!- 6aciionalista 'art$ vs! )45ELE)# I@ 'hil @K0
Election contests involving elections of SJ o%cials do not fall within
section .L. of the 4E) and aragrah .#section (R1!"F+) of the
)onstitution and no law in efect rioir tom the ratifcation of the
constitution has made the SJ )hairman an elective baranga$
o%cial! SJ elections are under the direct control and suervision of
the D"LA! -(hman vs! 5irasol#.=8 S)R( L<;0
DecisionsGdeterminations made b$ the )45ELE) in the e&ercise of
this ower# being merel$ administrative-not quasi ,udicial0 in
character# ma$ be questioned in an ordinar$ civil action before the
trial courts!-2iliinas Engineering vs! 2errer#;?L S)R( .L0
9 Deutize law enforcement agencies with the concurrence of the
'resident
9 Register olitical arties and accredit its citizens arms
9 2ile etitions# investigate and rosecute
9 Recommend measures to imrove election laws
9 Recommend the imosition of discilinar$ action uon an
emlo$ee it has deutized for violation of its order!
Since the )45ELE) can recommend that discilinar$ action be
ta*en against an o%cer it had deutized# idt can investigate an
administrative charge against such an o%cer to determine whether
or not it should recommend that discilinar$ action can be ta*en
against him -1an vs! )45ELE)#.?= S)R( ?L?0
9 Regulation of ublic entities and media+
Section @# "F+) C1he )ommission ma$# during the election eriod#
suervise or regulate the en,o$ment or utilization of all franchises
or ermits for the oeration of transortation and other ublic
utilities# media of communication or information# all grants secial
rivileges# or concessions granted b$ the Aovernment or an$
subdivision# agenc$ or instrumentalit$ thereof# including an$
government+owned or controlled cororation or its subsidiar$! Such
suervision or regulation shall aim to ensure equal oortunit$#
time# and sace and the right to rel$# including reasonable equal
rates therefor# for ublic information camaigns and forums among
candidates in connection with the ob,ective of holding free# orderl$#
honest# eaceful# and credible elections!
1he authorit$ given to the )45ELE) is to be e&ercised ofr the
urose of ensuring free# orderl$# honest# eaceful and credible
elections and onl$ during the election eriod! 6ote that A4))s are
among those that ma$ be suervised and regulated b$ the
)45ELE)!
1he S) uheld the validit$ of Section ;;-b0# R( 88@8# rohibiting
the sale odr donation of rint sace or airtime for olitical
advertisements# and the authorit$ of the )45ELE) to rocure rint
sace -uon a$ment of ,ust comensation0 and free airtime for
allocation to candidates!-1elecommunication and :roadcast
(ttorne$s of the 'hiliines vs! )45ELE)#.IK S)R( ??0
(n e&it oll is a secies of electoral surve$ conducted b$ qualifed
individuals or grous of individuals for the urose of determining
the robable result of an election b$ confdentiall$ as*ing randoml$
selected voters whom the$ have voted for# immediatel$ after the$
have o%ciall$ cast their ballot!-(:S+):6 :roadcasting cororation
vs! )45ELE)#?.? S)R( I;;0
(n absolute rohibition would be unreasonabl$ restrictive#because
it efectivel$ revents the use of e&it oll data not onl$ for election+
da$ ro,ections#but also for long term research! 1he )45ELE)
concern with the ossible non communicative efect of e&it olls+
disorder and confusion in the voting centers+ does not ,ustif$ a
total ban on them! 1he holding of e&it olls and the dissemination
of their results through mass media constitute an essential art of
freedom of seech and of the ress! 1he reason behind the
rincile of ballot secrec$ is to avoid vote bu$ing through voter
identifcation -(:S+):6 :roadcasting )ororation vs! )45ELE)0
1he S) held that SE) L!@ of the 2air Election (ct rohibiting
ublication of surve$ results ;L da$s immediatel$ receding a
national election and = da$s before a local election violates the
constitutional rights of seech#e&ression#and the ress because:
a! "t imoses rior restraint on the freedom of e&ressionB
b! "t is a direct and total suression of the categor$ of e&ression
even though such suression is onl$ for a limited eriodB and
c! 1he governmental interest sought to be romoted can be
achieved b$ means other than the suression of freedom of
e&ression! -Social Neather Station vs! )omelec# AR 6o! ;@=L=;#
5a$ L#.<<;0
9 5a*e minor ad,ustments of the aortionment of legislative
districts!
1his refers mainl$ to the ower to correct an error because of the
omission of a municialit$ or an error in the name of a municialit$
and does not include the ower to ma*e a reaointment of
legislative districts! -5onte,o vs! )45ELE)#.@. S)R( @;L0
9 (d,ust the aortionment in a case of creation of new rovinces
or cities!
1he )45ELE) is merel$ authorized to ad,ust the number of
congressmen aortioned to an old rovince if a new rovince is
created out of it and does not authorize the )45ELE) to transfer
municialities from one legislative district to another!
-5onte,o#sura0
9 'ardon violators of election laws!
9 'romulgate rules of rocedure concerning leadings and ractice
before it or an$ of its o%ces!
9 Submit reort on how a revious elections was conducted!
S1(1M14RP '4NERS
;! 'ower to declare failure of election and call for secial election!
.! E&clusive original ,urisdiction over all re+roclamation
controversies!
?! "ssue writs of certiorari# rohibition
1he )45ELE) has the authorit$ to issue e&traordinar$ writs of
certiorari# rohibition and mandamus in aid of its e&clusive
aellate ,urisdiction!
:oth the S) and the )45ELE) have concurrent ,urisdiction to issue
writs of certiorari# rohibition# and mandamus over decisions of
trial courts of general ,urisdiction in election cases involving
elective municial o%cials! 1he court ta*es ,urisdiction frst shall
e&ercise e&clusive ,urisdiction over the case! -)arlos vs! (ngeles#
?@8 S)R( L=;0
@! Summons arties to a controvers$ ending before it
L! Enforce and e&ecute its decisions and orders
8! 'unish contemts rovided for in the Rules of )ourts!
1he )45ELE) has the ower to cite for contemt# but this ower
ma$ be e&ercised onl$ while the )45ELE) is engaged in the
erformance of quasi+,udicial functions and not administrative
functions!-Auevarra vs! )45ELE)# ;<@ '3"L .8K and 5asangca$
vs! )45ELE)# 8 S)R( .=<0
=! 'romulgate rules and regulations imlementing the Election
)ode
I! E&ercise direct and immediate suervision and control over
o%cials required to erform duties relative to the conduct of
election!
K! 'rescribe forms to be used in the election
;<! 'rocure an$ sulies# equ,iment# materials or services needed
for the holding of election
;;! 'rescribe the use or adotion of the latest technological and
electronic devices
;.! )arr$ out continuing and s$stematic camaign to educate the
ublic about elections
;?! 2i& other reasonable eriods for certain re+election
requirements!
;@! Enlist non+artisan grous to assist!
OMD")"(L RE/"EN 42 DE)"S"46S
(n$ decision# order or ruling of the )45ELE) en banc ma$ be
brought to the S) on certiorari b$ the aggrieved art$ within ?<m
da$s from receit of the co$ thereof! Nhen the Sureme )ourt
reviews a decision of the )45ELE)# the court e&ercises
e&traordinar$ ,urisdiction# thus the roceeding is limited to issues
involving grave abuse of discretion resulting in lac* or e&cess of
,urisdiction and does not ordinaril$ emower the court to review
the factual fndings of the )45ELE)! -(ratuc vs! )45ELE)#II S)R(
.L;0
1he mode b$ which a decision# order or ruling en banc ma$ be
elevated to the S) is the civil action of certiorari under Rule 8L of
the ;K8@ Revised Rules of )ourt# now e&ressl$ rovided in Rule
8@# ;KK= Rules of )ivil 'rocedure# as amended! -(mbil vs!
)45ELE)#?@@ S)R(?LI0
( secial civil action for certiorari is the roer remed$ to question
an$ fnal order# ruling and decision of the )45ELE) rendered in the
e&ercise of its ad,udicator$ or quasi+,udicial owers!-Auerero vs!
)45ELE)#??8 S)R( @LI0
Nhat is contemlated b$ the term Cfnal orders# rulings and
decisionsD of the )45ELE) reviewable b$ certiorari b$ the
Surerme )ourt as rovided b$ law are those rendered in actions
or roceedings before the )45ELE) and ta*en cognizance of b$
the said bod$ in the e&ercise of its ad,udicator$ -or quasi+,udicial0
owers! -Salva vs! 5a*alintal# ?@< SR( L<80
)45ELE) Resolution 6o! .KI= which rovides for the rules and
regulations governing the conduct of lebiscite# is not issued
ursuant to the )45ELE)Qs quasi+,udicial functions but merel$ as
an incident of its inherent administrative functions over the
conduct of lebiscites# and an$ question ertaining to the validit$
of said resolution ma$ be well ta*en in an ordinar$ civil action
before the trial courts!-Salva #sura0
1he alleged nature or the )45ELE) to imlement its resolution
ordering the deletion of a candidateQs name in the list of qualifed
candidates does not call for the e&ercise of the S)Qs function of
,udicial review as it is undoubtedl$ administrative in nature#
be$ond ,udicial interference!-)havez vs! )45ELE)# .;; S)R( ?;L0
( resolution of the )45ELE) awarding a contract for the sul$ of
voting booths to a rivate art$# as a result of its choice among
various roosals submitted in resonse to its invitation to bid# is
not reviewable b$ certiorari as it is not order rendered in the legal
controvers$ before it but merel$ as incident to its inherent
administration functions over the conduct of elections! (n$
question arising from said order ma$ be ta*en in an ordinar$ civil
action! -2iliinas Engineering vs! )45ELE)# ?@@ S)R( ?LI0
1he Sureme )ourt has no ower to review via certiorari# an
interlocutor$ order or even a fnal resolution of a Division of the
)45ELE)! -(mbil vs! )45ELE)# .@@ S)R( ?LI0
( decision# order or resolution of a division of the )45ELE) must
be reviewed b$ the )45ELE) en banc decision ma$ be brought to
the sureme )ourt on certiorari! -(mbil vs! )45EL# ?LI0
/41ERS: 7M(L"2")(1"46 (6D REA"S1R(1"46
7ualifcation for Sufrage
2iliino citizenshi+ it ma$ be b$ birth or naturalization!
(ge+ a erson ma$ be registered as a voter although he is less
than ;I $ears at the time of registration if he will be at least ;I on
the da$ of election!
Residence+ at least ; $ear in the 'hiliines# and at least 8 months
where he rooses to vote immediatel$ receding the election!
(n$ erson who# on the da$s of registration ma$ not have been
reached the required eriod of residence but who# on the da$ of
election shall ossess such qualifcation# ma$ register as voter!
6o literac$# roert$ or other substantive requirement shall be
imosed on the e&ercise of sufrage!
(n$ erson who temoraril$ resides in another cit$ municialit$ or
countr$ solel$ b$ reason of occuation# rofession# emlo$ment in
ublic or rivate service# educational activities# wor* in the militar$
or naval reservations within the 'hiliines# service in the (2'# '6'
or confnement or detention in government institutions# shall not
deemed to have lost his original residence! -Sec! K# R( I;IK0
"n election cases# the Sureme )ourt treats domicile and residence
and residence as s$non$mous terms! "n order to acquire a new
domicile b$ choice# there must concur -;0 residence or bodil$
resence in the new localit$B-.0 an intention to remain thereB and
-?0 an intention to abandon the old domicile! 1he residence at the
lace chosen for the new domicile must be actual! -Romualdez vs!
R1)#..8 S)R( @<80
Disqualifcations
;! (n$ erson sentenced b$ the fnal ,udgment to sufer
imrisonment for not less than one $ear!
.! (n$ erson ad,udged b$ the fnal ,udgment of having committed
-a0 an$ crime involving dislo$alt$ to the government or
-b0 an$ crime against national securit$
-c0 frearms laws!
?! "nsane or incometent ersons as declared b$ cometent
authorit$!
Removal of disqualifcation for conviction
9 'lenar$ ardon
9 (mnest$
9 Lase of L$aers after service of sentence -Sec!;;;# R( I;IK0
S$stem of )ontinuing Registration
1he ersonal fling o alication of registration of voters shall be
conducted dail$ in the o%ce of the Election 4%ce during regular
o%ce hours! 6o registration shall# however# be conducted during
the eriod starting ;.< da$s before a regular election and K< da$s
before a secial election! -Sec! I# R( I;IK0
1he Sureme )ourt uheld the validit$ of the )45ELE) resolution
den$ing the etition of certain $outh sectors to conduct a secial
registration: C'etitioners were not denied the oortunit$ to avail
of the continuing registration under R( I;IK!!the law aids the
vigilant and not those who slumber on their rightsR
C"n a reresentative democrac$ the right of sufrage# although
aforded a rime niche in the hierarch$ of right embodied in the
fundamental law!# ought to be e&ercised within the roer bounds
frames and framewor* of the )onstitution and must roerl$ $ield
to ertinent laws s*illfull$ enacted b$ the LegislatureRD
C1he right of sufrage ardentl$ invo*ed b$ herein etitioners is not
at all absoluteRthe e&ercise of sufrage# as the en,o$ment of all
other rights sub,ect to e&isting substantive and rocedural
requirement embodied in our )onstitution# statute boo*s and other
reositories of law!D -(J:(P(6 Pouth et al! vs! )45ELE) AR 6o!
;@=<88# 5arch .8# .<<;0
"nclusion and E&clution )ases
;! Ourisdiction
i! 5unicial or 5etroolitan 1rial )ourt original and e&clusive
Ourisdiction>
ii! Regional 1rial )ourt aellate ,urisdiction -L da$s0 -Sec! ??# R(
I;IK0
iii! Sureme )ourt aellate ,urisdiction over R1) on question of
law -;L da$s0 SSec! L-.0-e0# (rt! /"""# ')B Sec! .# Rule @L of the
Rules of )ourt!T
.! 'etitioners
a! "nclusion
'rivate erson whose alication was disarove b$ the Election
Registration :oard or whose name was stric*en out from the list of
waters -Sec! ?@# R( I;IK0
)45ELE) SSec! .-80# (rt! "F+)# ')T
b! E&clusion
i! (n$ registered voter in cit$ or municialit$
ii! Reresentative of olitical art$
iii! Election 4%cer -Sec! ?K# R( I;IK0
iv! )45ELE) SSec! .-80# (rt! "F )# ')T
?! 'eriod for 2iling
a! "nclusion (n$ da$ e&cet ;<L da$s before regular election or
=L da$s before a secial election! -Sec! .@# R( I;IK0
b! E&clusion (n$ time e&cet ;<< da$s before a regular election
or 8L da$s before secial election! -Sec! ?L R( I;IK0
@! 'rocedure
a! 'etition for e&clusion shall be sworn -Sec! ?L # R( I;IK0
b! Each etition shall refer onl$ to onl$ one recinct! -Sec! ?L# R(
I;IK0
c! 6otice
i! 'arties to be notifed
L! "nclusion Election Registration :oard
i! ii E&clusion
8! Election Registration :oard
=! )hallenged voters SSec! ?.-b0# R( I;IKT
I! 5anner
6otice stating the lace da$ and hour of hearing shall be served
through an$ of the following means:
9 Registered mail
9 'ersonal deliver$
9 Leaving co$ in ossession of su%cient discretion in residence!
9 'osting in cit$ hall or municial hall and two other consicuous
laces in the cit$ or municialit$ at least ;< da$s before the
hearing -Sec! ?.-b0# R( I;IK0
(n$ voter# candidate or olitical art$ afected ma$ intervene!
-Sec! ?.c# R( I;IK0
6on+aearance is rima facie evidence the registered voter is
fctitious -Sec! ?. -f0# R( I;IK0
Decision cannot be rendered on stiulation of facts -Sec! ?. -f0# R(
I;IK0
6o motion for reconsideration is allowed# -Sec! ??# R( I;IK0
(nnulment of List of /oters
;! Mon verifed comlaint of an$ voter# election o%cer or
registered olitical art$ or motu roio# the )45ELE) ma$ annul
a list of votes which was not reared in accordance with R( I;IK
or whose rearation was afected with fraud# briber$# forger$#
imersonation# intimidation# force or other similar irregularit$ or
statisticall$ imrobable!
.! 6o list of voters shall be annulled within 8< da$s before an
election -See! ??# R( I;IK0
1he annulment of the list of voters shall not constitute a ground for
a re+roclamation controvers$! -Mtutalum vs! )45ELE)# ;I; S)R(
??L0
Nhen an assailed order had been issued ursuant to )45ELE)Qs
administrative owers in the absence of an$ fnding of grave abuse
of discretion in declaring a recinct as non e&istent# said order
shall stand# ,udicial interference being unnecessar$ and uncalled
forR 1he sacred right of sufrage guaranteed b$ the )onstitution is
not tamered when a list of fctitious voters is e&cluded from an
electoral e&ercise! -Sarangani vs! )45ELE)# ??@ S)R( ?=K0
Election recinct is the basic unit of territor$ established b$ the
)45ELE) for the urose of voting!
( olling lace refers to the building or lace where the board of
election insectors conduct roceedings and where the voters cast
their votes!
/oting center refers to the building or lace where the olling lace
is located!
List of voters refers to an enumeration of names of registered
voters in a recinct dul$ certifed b$ the Election Registration
:oard for use in the election!
:oo* of voters refers to the comilation of all registration records
in a recinct!
Signature of )hairman at bac* of ever$ ballot
"n ever$ case before delivering an o%cial ballot to the voter# the
)hairman of the :E" shall# in the resence of the voter# a%& his
signature at the bac* thereof! 2ailure to so authenticate shall be
noted in the minutes of the :E" and shall constitute an election
ofense unishable under Sections .8? and .8@ of the 4E)!
"/! '4L"1")(L '(R1"ES (6D '(R1P L"S1 SPS1E5
'olitical art$ or art$ when used in the 4E) means an organized
grou of ersons ursuing the same ideolog$# olitical ideas or
latforms of government and includes its branches or divisions! (
olitical art$ ma$ refer to a local regional or national art$
e&isting and dul$ registered and accredited b$ the )45ELE)! 1o
acquire ,uridical ersonalit$# qualif$ for accreditation# and to be
entitled to the rights of olitical arties# a olitical art$ must be
registered with the )45ELE)! 1he following olitical arties cannot
be registered!
;! Religious sects
.! 1hose which see*s to achieve their goals through unlawful
means
?! 1hose which refuse to adhere to the )onstitution
@! 1hose that are suorted b$ an$ foreign government
AR4M6DS 24R )(6)ELL(1"46 42 REA"S1R(1"46
;! (cceting fnancial contributions from foreign governments or
their agencies -for artisan election uroses!0 -Sec!.-L0# (rt "F )#
')0
.! "t is a religious sect or denomination# organization or association
organized for religious uroses!
?! "t advocates violence or unlawful means to see* its goal
@! "t is a foreign art$ or organization
L! "t violates or fails to coml$ with laws# rules and regulations
relating to elections
8! "t declares untruthful statements in its etition
=! "t has ceased to e&ist for at least one $ear # and
I! 2ails to articiate in the last two receding elections# or fails to
obtain at least .U of the votes cast under the art$ list s$stem in
the two receding elections for the constituenc$ in which it was
registered!
9 ( art$ which fails to obtain at least ;<U of the votes cast in the
constituenc$ in which it nominated candidates in the election ne&t
following its registration shall forfeit its registration!
'art$ S$stem! ( free and oen art$ s$stem shall be allowed to
evolve according to the free choice of the eole! SSec .-L0 (rt! "F
)# ')T
1he 'art$List S$stem# is a mechanism of roortional
reresentation in the election of reresentatives to the 3ouse of
Reresentatives# from national# regional and sectoral arties#
organizations and coalitions thereof registered with the )45ELE)!
1he 'art$list s$stem was devised to relace the reserve seat
s$stem the ver$ essence of the art$ list s$stem is
reresentation b$ election! -/eterans 2ederation 'art$ vs!
)45ELE)# ?@. S)R( .@@0
AM"DEL"6ES 24R S)REE6"6A '(R1P L"S1 '(R1")"'(61S
;! 1he olitical art$# sector# organization must reresent the
marginalized and underreresented grous identifed in Sec! L of
R( =K@;! ma,orit$ of its membershi should belong to the
marginalized and underreresentedB
'roortional reresentation refers to the reresentation of the
marginalized and underreresented as e&emlifed b$ the
enumeration in SecG L of the law# namel$B labor easant# fsherfol*#
urban oor# indigenous cultural communities# elderl$#
handicaed# women $outh# veterans# overseas wor*ers and
rofessionals! 1he art$ list organization or art$ must factuall$
and trul$ reresent the marginalized and underreresented
constituencies mentioned in Sec! L !-(ng :agong :a$ani 42N
Labor 'art$# et al vs! )45ELE) et al AR 6o! ;@=LIK! Oune .8# .<<;0
.! Nhile even ma,or olitical arties are e&ressl$ allowed b$ R(
=K@; and the )onstitution# the$ must coml$ with the declared
statutor$ olic$ of C2iliino citizens belonging to marginalized and
underreresented sectors to be elected to the 3ouse of
Reresentatives! C1hus# the$ must show that the$ reresent the
interest of the marginalized and underreresentedB
'olitical arties# even the ma,or ones# ma$ articiate in the art$
list elections# e&cet for uroses of 5a$ ;;# ;KKI elections! 1he
requisite character of these organizations must be consistent with
the urose of the art$ list s$stem# as laid down in the
)onstitution and R( =K@; ! ! !
Mnder the )onstitution and R( =K@;# rovide resondents cannot
be disqualifed from the art$ list elections# merel$ on the ground
that the$ are olitical arties! Sec! L (rt! /" of the )onstitution
rovides that members of the 3ouse of Reresentatives ma$ be
elected through a art$ list s$stem of registered national#
regional and sectoral arties or organizations! 2urthermore# under
Secs! = and I# (rt "F ) of the )onstitution# olitical arties ma$
be registered under the art$ list s$stem! -(ng :agong :a$ani
42N Labor 'art$# et al vs! )45ELE)# et al! AR 6o! ;@=LIK# Oune .8#
.<<;0
?! 1hat religious sector ma$ not be reresented in the art$ list
s$stem# e&cet that riest# imam or astors ma$ be elected should
the$ reresent not heir religious sect but the indigenous
communit$ sector!
@! ( art$ or an organization must not be disqualifed under Sec! 8#
R( =K@;B
L! 1he art$ organized must not be ad,unct of# or a ro,ect
organized or an entit$ funded or assisted b$# the governmentB
8! 1he art$# including its nominees must coml$ with the
qualifcation requirements of Sec! K# R( =K@; as follows: 6o erson
shall be nominated as art$ list reresentative unless he is:
a! natural born citizen of the 'hiliines
b! a registered voter#
c! a resident of the 'hiliines for a eriod not of no less than one
$ear immediatel$ receding the da$ of the electionB
d! able to read and writeB
e! a bonafde member of the art$ or organization which he see*s
to reresent for at least K< da$s receding the da$ of the electionB
and
f! (t least .L $ears of age on the da$ of the election! "n case of a
nominee of the $outh sector# at least be .L but not more than ?<
$ears of age on the da$ of the election! (n$ $outh sectoral
reresentative who attains the age of ?< during his term shall be
allowed to continue in o%ce until the e&iration of his term!
=! 6ot onl$ the candidate art$ or organization must reresent
marginalized and underreresented sectors# so also must its
nomineesB
I! Nhile lac*ing a well defned olitical constituenc$# the
nominee must li*ewise be able to contribute to the formation and
enactment of aroriate legislation that will beneft the nation as
a whole!
1he arameters of the 2iliino 'art$ List S$stem are:
-;0 the twent$ ercent allocation#
-.0 the two ercent thresholdB
-?0 the three seat limitB and
-@0 roortional reresentation!
9 1he )onstitution ma*es the number of district reresentatives
the determinant in arriving at the number of seats allocated for
art$ list lawma*ers# a formulation which means that an$ increase
in the number of district reresentatives# an as ma$ be rovided b$
law# will necessaril$ result in a corresonding increase in the
number of art$ list seats ! ! ! !!
9 Sections L -.0# (rt! /" of the )onstitution is not mandator$# it
merel$ rovides a ceiling for art$ list seats in )ongress ! !
4btaining absolute roortional reresentation is restricted b$ the
three+seat+er+art$ limit to a ma&imum of two additional slots ! !
9 Mnder the 6ieme$er formula# the number of additional seats to
which a qualifed art$ would be entitled is determined b$
multil$ing the remaining number of seats to be allocated b$ the
total number of votes obtained b$ that art$ and dividing the
roduct b$ the total number of votes garnered b$ all the qualifed
arties!
1he 6ieme$er formula# while no doubt suitable for Aerman$# fnds
no alication in the 'hiliine setting because of our three seat
limit and the non mandator$ character of the twent$ ercent
allocation! -(ng :agong :a$ani 42N Labor 'art$# et al vs!
)45ELE)# et al! AR 6o!;@=LIK# Oune .8# .<<;0
/! )(6D"D(1ES (6D )ER1"2")(1ES 42 )(6D"D()P
7M(L"2")(1"46S 42 )(6D"D(1ES
(! 6ational (rts! /" and /""# ')
;! 'resident and /ice 'resident
.! Senators
?! )ongressmen District and 'art$List Reresentatives
:! Local Sec!?K# Local Aovernment )ode
7ualifcations rescribed b$ law are continuing requirements and
must be ossessed for the duration of the o%cerQs active tenure!
4nce an$ of the required qualifcations is lost# his title to the o%ce
ma$ be seasonabl$ challenged! -2rivaldo vs! )45ELE)# ;=@ S)R(
.@L and Labor vs! )45ELE)# ;=8 S)R( ;0
Residence
"n 5arcos vs! )45ELE)# .@I S)R( ?<<# the Sureme )ourt uheld
the qualifcation of "R5arcos desite her own declarations in her
certifcate of candidac$ that she had resided in the district for onl$
seven months because of the following:
;! ( minor follows the domicile of his arentsB 1acloban became
"R5s domicile of origin b$ oeration of law when her father brought
the famil$ to Le$teB
.! Domicile of origin is lost onl$ when there is actual removal or
change of domicile# a bonafde intention of abandoning the former
residence and establishing a new one# and acts which corresond
with the uroseB in the absence of clear and ositive roof of the
concurrence of all these# these domicile of origin should continueB
?! 1he wife does not automaticall$ gain the husbandQs domicile
because the term CresidenceD in )ivil Law does not mean the same
thing in 'olitical Law# when "R5 married 5arcos in ;KL@# she *et
her domicile or origin and merel$ gained a new home# not a
domicilium necessariumB
@! Even assuming that she gained a new domicile after her
marriage and acquired the right to choose a new one onl$ after her
husband died# her acts following her return to the countr$ clearl$
indicate that she chose 1acloban# her domicile of origin# as her
domicile of choice!
9 "n (quino vs! )45ELE)# .@I S)R( @<<# the Sureme )ourt held
that (gaito (quino failed to rove that he had established not ,ust
residence but domicile of choice in 5a*ati! "n his certifcate of
candidac$# he indicated that he was a resident of San Oose
)oncecion# 1arlac for L. $ears# he was a registered voter of the
same district# his birth of certifcate laces )oncetion# 1arlac as
birthlace! 1hus# his domicile of origin was )oncetion# 1arlac# and
his bare assertion of transfer of domicile from tarlac to 5a*ati is
hardl$ suorted b$ the facts of the case!
9 Nhen the )onstitution sea*s of residence the word should be
understood# consistent with Nebster# to mean actual# h$sical and
ersonal resence in the district that a candidate see*s to
reresent
9 1he original concet of domicile# which arose from (merican
,urisrudence was not intended to govern olitical rights# it was
designed to resolve the conVict of laws between or among state
where a decedent ma$ have lived for various reasons# for the
urose of determining which law was alicable as regards his
estate ! ! !
(l$ing the concet of domicile in determining residence as a
qualifcation for an elective o%ce would negate the ob,ective
behind the residence requirement set forth under the law ! ! !
-Domino vs! )45ELE) ?;< S)R( L@80
1he lace where the art$ actuall$ or constructivel$ has his
ermanent home# where he# no matter where he ma$ found at an$
given time# eventuall$ intends to return and remain# i!e!# his
domicile# is that to which the )onstitution refers when it sea*s of
residence for the uroses of election law ! ! !
1he registration of a voter in a lace other than his residence of
origin is not su%cient to consider him to have abandoned or lost
his residence! -'erez vs! )45ELE)# ?;= S)R( 8@;0
1he rationale of requiring candidates to have a minimum eriod of
residence in the area in which the$ see* to be elected is to revent
the ossibilit$ of a stranger or newcomer unacquainted with the
conditions and needs of a communit$ and not identifed with the
latter from see*ing an elective o%ce to serve that communit$ ! ! !
1he classifcation of an area as a highl$ urbanized or indeendent
comonent cit$# for that matter# does not comletel$ isolate its
residents# olitics# commerce and other businesses from the entire
rovince# and vice versa# eseciall$ when the cit$ is located at the
ver$ heart of the rovince itself ! !
1he residence requirement is rooted in the desire that o%cials of
districts or localities are acquainted not onl$ with the metes and
bounds of their constituencies but# more imortant# with the
constituents themselves# and a ver$ legalistic# academic and
technical aroach to the resident requirement does not satisf$
this simle# ractical and common sense national for the residence
requirement! -1ora$na vs! )45ELE) ??= S)R( L=@0
'hiliine citizenshi
1he lost citizenshi ma$ be reacquired under Sec! ; of R( .8?<#
which rovides that an$ erson who had lost his 'hiliine
citizenshi b$ rendering service to# or acceting commission in# the
(rmed 2orces of the Mnited States# or after searation from the
(rmed 2orces of the Mnited States# acquired Mnited States
citizenshi b$ ta*ing an oath to the Reublic of the 'hiliines and
registering the same with Local )ivil Registr$ in the lace where he
resides or last reside in the 'hiliines! 1he said oath of allegiance
shall contain a renunciation of an$ other citizenshi! -:engson """
vs! 3RE1# et al! AR 6o! ;@.I@<# 5a$ =# .<<;0
Reatriation results in the recover$ of the original nationalit$! 1his
means that a naturalized 2iliino who lost his citizenshi will be
restored to his rior status as a naturalized 2iliino citizen! 4n the
other hand# if he was originall$ a natural+born citizen before he lost
his 'hiliine citizenshi# he will be restored to his former status as
a natural born 2iliino! -:engson# sura0
Disqualifcations
Arounds Mnder the 4mnibus Election )ode
(! (n$ erson declared b$ cometent authorit$ insane or
"ncometent
:! (n$ erson sentenced b$ fnal ,udgment for an$ of the 2ollowing
ofenses:
;! "nsurrection or rebellion
.! 4fense for which he was sentenced to enalt$ of 5ore than ;I
months
?! )rime involving morale turitude -Sec! ;.# :' II;0
)! ( ermanent resident to or immigrant to foreign countr$ Mnless
he waives such status -Sec! 8I# :' II;0
D! RemovalB "nsanit$ or incometence declaration of removal b$
cometent authorit$
E! )onvictionB unless granted lenar$ ardon# amnest$B or Lase of
L $ears after service of sentence -Sec! ;.# :' II;0
Arounds under the Local Aovernment )ode Sec! @<
(! 1hose sentenced b$ fnal ,udgment for an ofense involving
moral turitude or an ofense unishable b$ imrisonment for at
least one $ear# within two $ears after service of sentence!
:! 1hose removed from o%ce as a result of an administrative case!
(n elective local o%cial who was removed from o%ce rior to
Oanuar$ ;# ;KK. is not disqualifed from running for elective local
o%ce -Arego vs! )45ELE)# .=@ S)R( @I;0
)! 1hose convicted b$ fnal ,udgment for violating his oath of
allegiance to the Reublic!
D! 1hose with dual citizenshi++1he hrase Cdual citizenshiD in R(
=;8<# Sec! @< -d0 and R( =IL@# Sec! .< must be understood as
referring to Cdual allegiance!D )onsequentl$# ersons with mere
dual citizenshi do not fall under this disqualifcation! 2or
candidates with dual citizenshi# it should su%ce if# uon the fling
of their certifcates of candidac$# the$ elect 'hiliine citizenshi
to terminate their status as ersons with dual citizenshi
considering that their condition is the unavoidable consequence of
conVicting laws of diferent states! -5ercado vs! 5anzano# ?<=
S)R( 8?<0
E! 2ugitives from ,ustice in criminal or non olitical cases!
2! 1he term includes not onl$ those who Vee after conviction to
avoid unishment# but li*ewise who# after being changed# Vee to
avoid rosecution! -5arquez vs! )45ELE)# .@? S)R( L?I0
A! 'ermanent residents in foreign countr$ or those who have the
right to reside abroad and continue to avail of it! -)aasi vs! )(# ;K;
S)R( ..K0
3! 1he insane or feeble minded!
1hree consecutive terms limit
1he term limit for elective local o%cials must be ta*en to refer to
the right to be elected as well as the right to serve in the same
elective osition! )onsequentl$# it is not enough that an individual
has served three consecutive in an elective local o%ce# he must
also have been elected to the same osition for the same number
of times before the disqualifcation can al$: -:or,a vs! )45ELE)#
AR 6o! ;??@KL# Setember ?# ;KKI0
)onditions for the alication of the disqualifcation: -;0 the o%cial
concerned has been elected for three consecutive terms in the
same local government ost and -.0 that he has full$ served three
consecutive terms ! ! !
( roclamation subsequentl$ declared void is no roclamation at
all and while a roclaimed candidate ma$ assume o%ce on the
strength of the roclamation of the :oard of )anvassers he is onl$
a resumtive winner who assumes o%ce sub,ect to the fnal
outcome of the election rotest ! !
/oluntar$ renunciation of a term of o%ce does not cancel the
renounced term in the comutation of the three term limitB
conversel$ involuntar$ severance from the o%ce for an$ length of
time short of the full term rovided b$ law amounts to an
interrution of continuit$ of service! -Lonzanida vs! )45ELE)# ?;;
S()R( 8<.0
;! Mnder the Revised (dministrative )ode 5unicial 4%ce
9 Ecclesiastics -'amil vs! 1eleron# L8 S)R( @;?0
9 'ersons receiving comensation from rovincial or municial
funds
9 )ontractors for ublic wor*s of the municialit$
.! Mnder the Lone candidate Law R( I.KL
(n$ elective o%cial who has resigned from his o%ce b$ acceting
an aointive o%ce to become vacant due to his resignationB and
(n$ erson who# directl$ or indirectl$ coerces# bribes# threatens#
harasses# intimidates or actuall$ causes# inVicts or roduces an$
violence# in,ur$# unishment# torture# damage# loss or
disadvantages to an$ erson or ersons asiring to become a
candidate or that of the immediate member of his famil$# his honor
or roert$ that is meant to eliminate all other otential
candidates!
)ertifcates of )andidac$
6o erson shall be eligible for an$ elective ublic unless he fles a
sworn certifcate of candidac$ within the eriod f&ed b$ the
4mnibus Election )ode!
Deadline
)ertifcate of candidac$ must be fled not later than the da$ before
the date for the beginning of the camaign eriod! -Sec! =# R(
=;880
( certifcate fled be$ond the deadline is not valid! -Aador vs!
)45ELE)# KL S)R( @?;0
'rohibition against multile candidacies
( erson who fles a certifcate of candidac$ for more than one
o%ce should be eligible for an$ of them! -Sec =?# :' II;0
:efore the deadline for fling certifcates he ma$ withdraw all
e&ect one# declaring under oath the o%ce for which he desires to
be eligible and cancel the certifcate of candidac$ for other o%ce
or o%ces! -Ao vs! )45ELE)# AR 6o! ;@==@;# 5a$ ;<# .<<;0
2orms
4ath
1he certifcate must be sworn! -Sec! =?# :' II;0
1he election of a candidate cannot be annulled because of formal
defects in his certifcate# such as held of oath -Auzman vs! :oard of
)anvassers# @I 'hil .;;0
6ame
( candidate shall use his batismal name or full name# the name
registered with the civil registrar or an$ other name allowed b$ law!
3e ma$ include one nic*name or stage name b$ which he is
generall$ *nown!
Nhen two or more candidates for the same o%ce have the same
name or surname# each shall state his aternal and maternal
surnames# e&cet the incumbent -See! =;# :' II;0
'lace and 'eriod of 2illing
2or 'resident# /ice 'resident and Senators: main o%ce of the
)45ELE) in 5anila# L coies# not later than K< da$s before date of
election!
2or 5embers of the 3ouse of Reresentatives:
'rovincial legislative districts 'rovincial Election Suervisor of the
'rovince concerned
6)R legislative districts Regional )45ELE) Directors
Legislative districts in cities outside 6)R )it$ Election registrar
concerned
2or rovincial o%ces 'rovincial Election Suervisor of the
rovince concerned!
)it$ and 5unicial o%ces )it$ or 5unicial Election Registrar
concerned!
1he certifcates of candidac$ of 5embers of the 3ouse of
Reresentatives# 'rovincial# cit$ or municial o%cials shall be fled
in L coies not later than @L da$s before the election!
1he certifcate of candidac$ shall be fled b$ the candidate
ersonall$ or his dul$ authorized reresentative! 6o certifcate of
candidac$ shall be fled or acceted b$ mail# telegram or facsimile!
1he evident urose of the law in requiring the fling of certifcate
of candidac$ and in f&ing the time limit therefore areB -;0 to enable
the voters to *now# at least si&t$ da$s before the regular election#
the candidates among whom the$ are to ma*e the choice# and -.0
to avoid confusion and inconvenience in the tabulation of the votes
to the dul$ registered candidates# there might be as man$ ersons
voted for as there are voters# and votes might be cast even for
un*nown or fctitious ersons# as mar* to identif$ the votes in favor
of a candidate for another o%ce in the same election! -5iranda vs!
(ba$a# ?;; S)R( 8;=0
Dut$ of )45ELE)
Sub,ect to its authorit$ over nuisance candidates and its ower to
den$ due course or cancel a certifcate of candidac$# the rule is
that the )45ELE) shall have onl$ the ministerial dut$ to receive
and ac*nowledge receit of the certifcates of candidac$! -Sec! =I#
:' II;0
Efect 2iling
(n aointive ublic o%cial is considered resigned uon fling of
his certifcate! -Sec! 88# :' II;BSanciangco vs! Rono# ;?=# S)R(
8=;0!1his includes an emlo$s of a A4)) organized under the
)ororation )ode -Nithout original charter0# since the law ma*es
no distinction! -'64) ED) vs! 6LR)# ... S)R( I?;0
(n$ elective o%cial# whether national or local who has fled a
certifcate of candidac$ for the same or an$ other o%ce shall not
be considered resigned from o%ce! -sec! .8# )45ELE) Resolution
6o! ?8?8# Rules and Regulations "mlementing R( K<<80
Nithdrawal of )ertifcate of )andidac$
2orm written declaration under oath! 1here was no withdrawal of
candidac$ for the osition of ma$or where the candidate# before
the deadline for fling certifcates of candidac$# ersonall$
aeared in the )45ELE) o%ce# as*ed for his certifcate of
candidac$ and intercalated the word CviceD before the word ma$or
and the following da$ wrote the election registrar sa$ing that his
name be included in the list of o%cial candidates for ma$or! -/ivero
vs! )45ELE)# L I;<LK# Oan ;.# ;KIK0
Since his certifcate of candidac$ for the o%ce of board member
was fled b$ his art$# and the said art$ had withdrawn the
nomination which withdrawal was confrmed b$ the candidate
under oath# there was substantial comliance with Sec! =?! 3is
fling under oath within the statutor$ eriod of his individual
certifcate for candidac$ for the searate o%ce of ma$or was# in
efect# a re,ection of the art$ nomination on his behalf for the
o%ce of board member! -Ramirez vs! )45ELE)# L+I;;L<# Oan ;.#
;KK.0
Substitution of )andidac$ Sec! == :' II;B Sec! ;.# R( K<<8
"f after the last da$ for fling certifcates# a candidate dies#
withdraws or is disqualifed# he ma$ be substituted b$ a erson
belonging to his art$ not later than the mid da$ of election! Said
certifcate ma$ be flled with an$ board of election insectors in the
olitical subdivision where he is an electorate of the countr$# with
the )45ELE)! -Domingo vs! )it$ :oard of )anvassers# AR 6o!
;<L?8L# Oune .# ;KK.0
Even if the withdrawal was not under oath# the certifcate of the
substitute cannot be annulled after the election! Such technicalit$
of the original candidateQs withdrawal of his certifcate of
candidac$ cannot be used to override the eoleQs will in favor to
the substitute candidate! 1he legal requirement that the
withdrawal be under oath will be held to be merel$ director$ and
the candidateQs failure to observe the requirement is considered a
harmless error! 3ence the bona fde certifcate of the substitute
candidate cannot be assailed! 1he votes in his favor should be
counted! -/illanueva vs! )45ELE)# ;@< S)R( ?L.0
"n case of valid substitutions after the o%cial ballot have been
rinted# the votes cast for the substituted candidates shall be
considered as man$ votes but shall not invalidate the whole ballot!
2or this urose# the o%cial ballots shall rovide saces where the
voters ma$ write the name of substitute candidates if the$ are
voting for the latter! -See! ;.# R( K<<80
1here is nothing in the )onstitution or statute which requires as
condition recedent that a substitute candidate must have been a
member of the art$ concerned for a certain eriod of time before
he can be nominated as such! -Sinaca vs! 5ula# ?;L S)R( .880
( valid certifcate of candidac$ is li*ewise an indisensable
requisite in the case of a substitution of a disqualifed candidate
under the rovisions of Sec! == of the Election )ode ! ! ! 1he
concet of a substitute resuoses the e&istence of the erson to
be substituted# for how can a erson ta*e the lace of somebod$
who does not e&ist or who never was!!!
( disqualifed candidate ma$ onl$ be substituted if he had a valid
certifcate of candidac$ in the frst lace because# if the
disqualifed candidate did not have a valid and seasonabl$ fled
certifcate of candidac$# he is and was not a candidate at all! "f a
erson was not a candidate# he cannot be substituted under Sec!
== of the )ode ! ! ! !
Nhile Sec! =I of the Election )ode enumerated the occasion where
a candidate ma$ validl$ substitute there is no mention of the case
where a candidate is e&cluded not onl$ b$ disqualifcation but also
b$ denial and cancellation of his certifcate of candidac$ -5iranda
vs! (ba$a# ?;; S)R( 8;=0
"n case of valid substitutions after the o%cial ballots have been
rinted# the votes cast for the substituted candidates shall be
considered as stra$ votes but shall not invalidate the whole ballot!
Sec! ;.# R( K<<8! amending Sec! ;. of R( I@?80
D"S7M(L"2")(1"46 42 )(6D"D(1ES
;! Arounds
/iolation of 4mnibus Election )ode Sec! 8I
Aiving mone$ or other material consideration to inVuence voters or
ublic o%cials erforming electoral functions
)ommitting acts of terrorism to enhance his candidac$
Sending in his election camaign in e&cess of the amount allowed
b$ the )ode
Soliciting# receiving or ma*ing an$ rohibited contribution
/iolations of Secs! I<# I?# IL# I8 and .8;# aragrahs d# e# *# v
and cc# sub+aragrah 8!
6uisance candidate Sec! 8K
( etition to disqualif$ a candidate for councilor for failure to
indicate in his certifcate of candidac$ the recinct number and the
baranga$ as a registered voter cannot be considered a etition to
disqualif$ him for being a nuisance candidate# since his certifcate
was not fled to ma*e moc*er$ of the election or to confuse the
voters! -Ourilla vs! )45ELE)# .?. S)R( =LI0
2alsit$ of material reresentation in certifcate of candidac$! Sec!
=I
1he )45ELE) has ,urisdiction over a etition to disqualif$ a
candidate for congressman for ineligibilit$ before he has been
roclaimed and has assumed o%ce -5arcos vs! )45ELE)# .@I
S)R( ?<<B (quino vs! )45ELE)# .@I S)R( @<<0
.! 'rocedure for disqualifcation of candidates
1he etition shall be fled b$ an$ registered candidate for the same
4%ce within L da$s from the last da$ of fling of certifcates of
)andidac$! -Secs! La and =# R( 88@80
Mnder the election laws and the )45ELE) Rules of 'rocedure# an$
voter ma$ fle a etition to disqualif$ a candidate on grounds
rovided b$ law! -1ora$no vs!)45ELE)# ??= S)R( L=@0
1he fact that no doc*et fee was initiall$ aid is not fatal! 1he
'rocedural defect as cured b$ the subsequent a$ment of the
doc*et fee! -Sunga vs! )45ELE)# ..I S)R( =80
( etition fled after the election is fled out of time! -Loong
vs!)45ELE)# .;8 S)R( =8K0
Since the fling b$ facsimile transmission is not sanctioned and a
facsimile co$ is not an original leading# a etition for
disqualifcation should be deemed fled uon the fling of the
original etition! -Aarvida vs! Sales# .=; S)R( =8@0
Nhere a qualifed candidate was relaced on the da$ before the
election# a etition to disqualif$ the relacement fled on election
da$ should be entertained# as it was imossible to fle the etition
earlier! -(bella vs! Larrazabal# ;I< S)R( L<K0
1he )45ELE) ma$ motu roio refuse to give due course or cancel
a certifcate of candidac$! -Sec! 8K# :' II;0
1he roceeding shall be summar$! -6olasco vs! )45ELE)# .=L
S)R(
=8.0
1he )45ELE) can decide a disqualifcation case directl$ without
referring it to its legal o%cers for investigation! -6olasco# sura0
1he decision shall be fnal and e&ecutor$ after L da$s from receit
unless sta$ed b$ the Sureme )ourt SSecs! L-e0 and =# R( 88@8T
E22E)1S 42 D"S7M(L"2")(1"46 )(SE
(fter fnal ,udgment +(n$ candidate who has been declared b$ fnal
,udgment to be disqualifed shall not be voted for# and the votes
cast for him shall not be counted!
:efore fnal ,udgment "f for an$ reason a candidate is not
declared b$ fnal ,udgment before an election to be disqualifed
and he is voted for and receives the winning number of votes in
such election the )ourt or )ommission shall continue with the trial
and hearing of the action# inquir$ or rotest and# uon motion of
the comlainant or an$ intervenor# ma$# during the tendenc$
thereof# order the susension of the roclamation of such
candidate whenever the evidence of guilt is strong! -Sec! 8# R(
88@80
1he urose of a disqualifcation roceeding is to revent the
candidate from running or# if elected# from serving# or to rosecute
him for violation of election laws! 1he fact that a candidate has
been roclaimed and had assumed the osition to which he was
elected does not divest the )45ELE) of authorit$ and ,urisdiction
to continue the hearing and eventuall$ decide the disqualifcation!
1he )45ELE) should not dismiss the case siml$ because the
resondent has been roclaimed! -Sunga vs! )45ELE)# .II S)R(
=8 and Lonzanida vs! )45ELE)# ?;; S)R( 8;=0
Sec! 8 of R( 88;8 authorizes the continuation of roceedings for
disqualifcation even after the elections if the resondent has not
been roclaimed! -'erez vs! )45ELE)# ?;= S)R( 8@;0
( disqualifcation case ma$ have two asects# the administrative#
which required onl$ a reonderance of evidence to rove
disqualifcation# and the criminal# which necessitates roof be$ond
reasonable doubt to convict!
1here is no rovision in R( 88@8 that treats of a situation where
the comlaint for disqualifcation is fled after the election! ! ! !
Second aragrah of aragrah . of Res! 6o! .<L< rovides that
where a comlaint is fled after the election but before
roclamation# as in this case# the comlaint must be dismissed as
a disqualifcation case but shall be referred to the Law Deartment
for reliminar$ investigation!
Nh$ there is a diference between a etition for disqualifcations
before and after the election roceeds from the fact that before the
electorate and those who vote for the candidate assume the ris*
that should said candidate be disqualifed after the election# their
votes would be declared stra$ or invalid votes and that would not
be true in the case of one fled after the electorate has alread$
voted ! ! ! -:agatsing vs! )45ELE)# ?.< S)R( I;=0
1he )45ELE) can legall$ susend the roclamation of the winning
candidate although he received the winning number of votes!-Labo
vs! )45ELE)# .;; S)R( .K=0!
1he use of the word Cma$D# indicates that the susension of the
roclamation is merel$ director$ and ermissive in nature and
oerates to confer discretion! Nhat is made mandator$ is the
continuation of the trial and hearing of the action# inquir$ or
rotest! Since the susension of the roclamation is merel$
ermissive# the roclamation of a candidate is valid# if the
)45ELE) did not susend his roclamation! -Arego vs! )45ELE)#
.=@ S)R( @I;0
Mnder the same rovision# intervention ma$ be allowed in
roceedings for disqualifcation even after election if there has $et
no fnal ,udgment rendered! -5ercado vs! 5azano# ?<= S)R( 8?<0
Nhere the votes cast for a nuisance candidate whose
disqualifcation had not $et become fnal on election da$ were
tallied searatel$# the$ should be counted in favor of the etitioner!
-:autista vs! )45ELE)# .KI# S)R( @I<0
13E L46E )(6D"D(1E L(N
1he Lone )andidate Law is R( I.KL# enacted Oune 8# ;KK=! Section
. thereof rovides the uon the e&iration of the deadline for the
fling of certifcate of candidac$ in a secial election called to fll a
vacanc$ in an elective osition other than for 'resident and /ice+
'resident# when there is onl$ one -;0 qualifed candidate for such
osition# the lone candidate shall be roclaimed elected to the
osition b$ roer roclaiming bod$ of the )45ELE) that he is the
onl$ candidate for the o%ce and is thereb$ deemed elected!
Section ? thereof also rovides that the lone candidate so
roclaimed shall assume o%ce not earlier than the scheduled
election da$# in the absence of an$ lawful ground to den$ due
course or cancel the certifcate of candidac$ in order to revent
such roclamation!
/"! )(5'("A6B ELE)1"46 'R4'(A(6D(B )461R":M1"46S (6D
EF'E6D"1MRES
Election camaign or artisan olitical activit$ refers to an act
designed to romote the election or defeat of a articular
candidate or candidates for ublic o%ce! -Sec! =K# :' II;0
a! "f done for the urose of enhancing the chances of asirants for
nomination for candidac$ to a ublic o%ce b$ a olitical art$# etc#
it shall not be considered as election camaign or artisan olitical
activit$!
b! "t shall be unlawful for an$ erson or an$ art$ to engage in
election camaign or artisan olitical activit$ e&cet during the
camaign eriod!
c! 5embers of the )ivil Service to engage# directl$ or indirectl$# in
an$ electioneering or artisan olitical camaign!
(! 6omination of candidates
;! 'resident# /ice+'resident and Senators not earlier than ;8L
before election date
.! )ongressmen# rovincial# cit$ or municial o%cials not earlier
than =L da$s before election da$
:! )amaign eriod
;! 'resident# /ice+'resident and Senators K< da$s before election
da$
.! )ongressmen# rovincial# cit$ and municial o%cials @L da$s
before election da$!
)! Lawful roaganda
;! 2orms
.! 'amhlets# leaVets# cards# decals# stic*ers and written or rinted
materials not more than I W inches b$ ;@ inches
?! 3andwrittenGrinted letters
@! )loth# aer or cardboard# osters measuring# not more than .
feet b$ ? feet ? b$ I ft! allowed in announcing at the site on the
occasion of a ublic meeting or rall$# ma$ be disla$ed L da$s
before the date of rall$ but shall be removed within .@ hours after
said rall$!
L! 'aid rint advertisements: X age in broadsheets and W ages
in tabloids thrice a wee* er newsaer# magazine or other
ublication during the camaign eriod! -Sec! @# R( K<<80
8! :roadcast 5edia-i!e!# 1/ and radio0 6ational 'ositions: ;.<
minutes for 1/# ;I< minutes for radio G Local 'ositions: 8< minutes
for 1/# K< minutes for radio
=! 4ther forms of election roaganda not rohibited b$ the
4mnibus Election )ode and R( K<<8# and authorized b$ the
)45ELE)!
Requirement
;! (n$ ublished or rinted olitical matter or broadcast of election
roaganda b$ television or radio for or against a candidate or
grou of candidates to an$ ublic o%ce shall bear and be
reasonabl$ legible or audible words Colitical advertisement aid
for#D followed b$ the true and correct name and address of the
candidate or art$ for whose beneft the election roaganda was
rinted or aired!
.! "f the broadcast is given free or charge b$ the radio or television
station# it shall be identifed b$ the word Cairtime for this broadcast
was rovided free of charge b$D followed b$ the true and correct
name and address of the broadcast entit$!
?! 'rint# broadcast or outdoor advertisements donated to the
candidate or olitical art$ shall be rinted# ublished# broadcast
or e&hibited without the written accetance b$ the said candidate
or olitical art$! Such written accetance shall be attached to the
advertising contract and shall be submitted to the )45ELE)! -Sec!
@# R( K<<80
D! 'rohibited )amaign
;! 'ublic e&hibition of a movie# cinematograh or documentar$
ortra$ing the life or biograh$ of a candidate during camaign
eriod!>
.! 'ublic e&hibition of a movie# cinematograh or documentar$
ortra$ed b$ an actor or media ersonalit$ who is himself a
candidateB
?! Mse of airtime for camaign of a media ractitioner who is an
o%cial of a art$ or a member of the camaign staf of a candidate
or olitical art$!
S
oe
;! 'rohibiting the osting of decals and stic*ers e&cet in the
common osting area authorized b$ the )45ELE) is not valid
-(diong vs! )45ELE)# .@@ S)R( .=.0
.! 5ass media ma$ reort news relating to candidates# and mass
media ractitioners ma$ give their oinion regarding candidates!
-6ational 'ress )lub vs! )45ELE)# .<= S)R( ;0
E! Rallies
;! (n alication for ermit for a rall$ shall not be denied e&cet
on the
ground that a rior written alication for the same urose has
been aroved! ( denial is aealable to the rovincial election
suervisor or )45ELE)! -Sec! I=# :' II;0
.! "t is unlawful to give or accet transortation# food# drin*s or
things of
value within L hours before and after a ublic rall$# before election
da$ and on election da$! -Sec! IK :' II;0
2! 'rohibited donations
"t is rohibited for an$ candidate# his souse# relative within second
degree of consanguinit$ or a%nit$# or reresentative to ma*e an$
contribution for an$ structure for ublic use or for use of an$
religious or civic organization e&cet the normal religious dues and
a$ment for scholarshis established and school contributions
habituall$ made before the camaign eriod! -Sec! ;<@# :' II;0
A! 'rohibited contributions
6o olitical contribution shall be made b$ the following:
;! 'ublic or rivate fnancial institutions
.! 'ublic utilities and those who e&loit natural resources
1hus# where an oerator of a ublic utilit$ disguised a contribution
to a candidate for governor as loan# the romissor$ note is void:
-halili vs! )ourt of (eals# I? S)R( 8??0
?! 'ersons who hold contracts or sub+contracts to sul$ the
government
with goods and services!
@! 'ersons granted franchises# incentives# e&emtions or similar
rivileges b$
the government
L! 'ersons granted loans in e&cess of '.L# <<< b$ the government
or an$ of
its subdivisions or instrumentalities
8! Schools which received grants of ublic funds of at least
';<<#<<<
=! Emlo$ees in the )ivil Service or members of the (rmed 2orces!
I! 2oreigners -Sec! KL # : II;0
K! )ororations -sec! ?8 -K0# )or! )ode0
3! Equal (ccess to 5edia 1ime and Sace
(ll registered arties and bonafde candidates shall have equal
access to media time and sace ! 1he following guidelines ma$ be
amlifed on b$ the )45ELE)!
;! 6o franchise or ermit to oerate a radio or television shall be
granted or
issued# susended or cancelled during the election eriod!
.! (n$ mass media columnist# commentator# announcer# reorter#
on+air
corresondent or ersonalit$ who is a candidate for an$ elective
ublic o%ce or is a camaign volunteer for or emlo$ed or retained
in an$ caacit$ b$ an$ candidate or olitical art$ shall be deemed
resigned# if so required b$ their emlo$ers# or shall ta*e a leave of
absence from his wor* as such during the camaign! (nd that an$
media ractitioner who is an o%cial candidate of a olitical art$ or
member of the camaign staf of a candidate or olitical art$ shall
not use his media time and sace to favor an$ candidate or
olitical art$!
"! Limitation on e&enses Sec! ;?# R( =;88
;! )andidates
a! 'resident and vice resident ';< er voter
b! 4ther candidates '? er voter in his constituenc$
c )andidate without olitical art$ 'L er voter
d! 'art$Gorganization and coalition articiating in the art$ list
s$stem 'L er voter
.! 'olitical art$ and coalition 'L er voter in the constituenc$
where it has candidates! -sec! ;?# R( =;880
O! Statement of contributions and e&enditures
;! 2iling
a! ever$ candidate and treasurer of olitical art$ shall fle within
?< da$s after election da$ a statement of contributions and
e&enditures!
b! 6o ersons elected shall assume o%ce until he and his olitical
art$ has fled the required statements
.! 'enalties
a! 2irst 4fense administrative fne from ' ;#<<< to '?<# <<<
b! Subsequent ofense
i! (dministrative fne from '.#<<< to '8<# <<<
ii! 'eretual disqualifcation to hold ublic o%ce -Sec! ;@#
R( =;880
?! Efect of withdrawal
( candidate who withdraws his certifcate of candidac$ must still
fle a statement of contributions and e&enditures# for the law
ma*es no distinction! -'ilar vs! )45ELE)# .@L S)R( =LK0
/""! ELE)1"46B :4(RD 42 ELE)1"46 "6S'E)14RS -:E"0B N(1)3ERS
J"6DS 42 ELE)1"46
;! Aeneral election is one rovided for b$ law for the election to
o%ces throughout the State# or certain subdivisions thereof# after
the e&iration of the full term of former o%cers!
.! Secial Election is one rovided for b$ law to fll vacanc$ in
o%ce before the e&iration of the full term for which the incumbent
was elected or one f&ed b$ the )45ELE) due to ostonement or
susension of the election or the failure to elect!
?! Recall election is an election b$ means of which voters decide
whether the$ should retain their local o%cial or elect his
relacement! -)laudio vs! )45ELE)# ??; S)R( ?II0
ELE)1"46 'ER"4D
Mnless otherwise f&ed b$ the )45ELE) in secial cases# the
election eriod shall commence K< da$s before the da$ of the da$
of the election and shall end ?< da$s thereafter!SSec! K# (rt! "F )#
')T
D(1E 42 ELE)1"46
1he regular election of the 'resident# /ice+'resident# Senators and
5embers of the 3ouse of Reresentatives and local o%cials#
e&cet baranga$ o%cials# shall be on the second 5onda$ of 5a$
once ever$ three $ears! "n accordance with the constitutional
olic$ to s$nchronize elections# the regular election for national
and local o%cials is now held simultaneousl$! -R( =;880 Mnder
88=K# regular elections for baranga$ o%cials shall be held once
ever$ fve $ears!
ELE)1"46 42 S(6AAM6"(6A 5E5:ERS
;! 2or rovinces with two or more legislative district the elective
members of Sangguniang 'anlalawigan -Sn0 shall be elected b$
legislative districts!
.! 2or rovinces with onl$ one legislative district the )45ELE)
shall divide them into districts for uroses of electing the
members of the S'nB
?! 2or cities in 5etro 5anila (rea# )ebu )it$# Davao )it$ or an$
other cit$ with two or more legislative district governed b$ Secs!
. and ? of R( 88I8!
@! 2or municialities in 5etro 5anila the )45ELE) shall divide
them into two districts b$ barangga$ for uroses of electing
members of the S:!
'4SE'46E5E61 42 ELE)1"46
Nhen for an$ serious cause such as violence# terrorism# loss or
destruction of election arahernalia or records# force ma,eure#
and other analogous cases of such nature that the holding of a
free# orderl$ and honest election should become imossible in an$
olitical subdivision# the )45ELE)# motu roio or uon a verifed
etition b$ an$ interested art$# and after due notice and hearing#
whereb$ all interested arties are aforded equal oortunit$ to be
heard# shall ostone the election therein! -Sec! L# :' II;0
(n election o%cer alone# or even with the agreement of the
candidates# cannot validl$ ostone or susend the election!
-:asher vs! )45ELE)# ??< S)R( =?80! ! ! "t is essential to the
validit$ of the election that the voters have notice in some form#
either actual or constructive# of the time# lace and urose
thereof -:asher vs! )45ELE)# sura0
( etition to ostone elections should be addressed to the
)45ELE)# sub,ect to the remed$ of review rovided for in (rt "F
( Section =!
"n f&ing the date of secial elections the )45ELE) should see to it
that:
;! "t should not be later than thirt$ -?<0 da$s after the secession of
the cause of the ostonement of susension of the election or a
failure to electB and
.! "t should be reasonabl$ close to the date of the election not
held# susended or which resulted in the failure to elect!
-'angandaman vs! )45ELE)# ?;K S)R( .I?0
( secial election is not valid if notice of its date and of the
transfer of the recincts was given less than a da$ before# since
the voters were derived of the oortunit$ to vote! -hassan vs!
)45ELE)# .8@ S)R( ;.L0
2("LMRE 42 ELE)1"46
;! Sec!8 the 4E) contemlates three instances when the )45ELE)
ma$ declare a failure of election and call for the holding of a
secial election: -;0 when thee election in an$ olling lace has not
been held on the date f&ed on account of force ma,eure# violence#
terrorism# fraud and other analogous cases# -.0 when the election
in an$ olling lace has been susended before the hour f&ed b$
law for the closure of the votingB and -?0 after the voting and
during the rearation and transmission of the election returns or
in the custod$ or canvass thereof# such election results in a failure
to elect! -Soliva et al vs! )45ELE)# AR 6o! ;@;=.?# (ril .<#.<<;0
.! 1he ower to throw out or annul an election should be e&ercised
with the utmost care and onl$ under circumstances which
demonstrate be$ond doubt either that the disregard of the law had
been so fundamental or so ertinent and continuous that it is
imossible to distinguish what votes are lawful and what are
unlawful# or to arrive at an$ certain result whatsoever# or that the
great bod$ of voters have been revented b$ viiolence#
intimidation and threats from e&ercising their franchiseR 1here is
failure of elections onl$ when the will of the electorate has been
muted and cannot be ascertained! -:enito vs! )45ELE)# AR 6o!
;?@K;?#Oanuar$ ;K#.<<;0
?! ( secial election should be held if the ballot bo& in the recinct
was burned!-3assan vs! )45ELLE)#.8@ S)R( ;.L0
@! 1he destruction of the coies of the election returns intended for
the board of canvassers is not a ground for the declaration of
failure of election as other coies of the returns can be used
-Sardea vs! )45ELE)#..L S)R( ?=@0
L! 1he fact that less than .LU of the registered voters voted does
not constitute failure of election# since voting too* lace! -5itmug
vs! )45ELE)#.?< S)R( L@0
8! Lac* of notice of the date and time of the canvass# fraud#
violence# terrorism# and analogous causes# such as
disenfranchisement of voters# resence of V$ing voters# and lac* of
qualifcations of the members of the :oard of "nsectors are not
grounds for declaration of failure of election but for an election
rotest! -:or,a vs! )45ELE)#.8< S)R( 8<@0
=! 1he fact that the names of some registered voters were omitted
from the list of voters# strangers voted for some of the registered
voters# a candidate was credited with less votes than he received#
the control data of some election returns were flled u# the ballot
bo&es were brought to the municial hall without adloc* and
seals# and that there was a dela$ in the deliver$ of election returns
are not grounds for the declaration of failure of election! -)anicosa
vs! )45ELE)# .I. S)R( L;.0
I! (n election cannot be annulled because of the illegal transfer of
a recinct less than @L da$s before the election if the votes of
those who were not able to vote will not alter the result! -:alindong
vs! )45ELE)# .8< S)R( @K@0
K! 1here is no reglementar$ eriod for fling a etition for
annulment of an election if there has as $et been no roclamation!
-Loong vs! )45ELE)# .L= S)R( ;0
;<! 1he )45ELE) ma$ decide a etition to declare a failure of
election en banc at the frst instance# since it is not a re+
roclamation case or an election rotest! -:or,a vs! )45ELE)# .8<
S)R( 8<@0
"n etitions to declare a failure of election on the ground of fraud#
the)45ELE) ma$ conduct a technical e&amination of election
documents and comare and anal$ze the signatures and
fngerrints of the voters! -Loong vss! )45ELE)#.L= S)R( ;0
S'E)"(L ELE)1"46 14 2"LL M' /()(6)P
;! "n case of ermanent vacanc$ in )ongress at least one $ear
before the e&iration of the term# the )45ELE) shall hold a secial
election not earlier than K< da$s after the occurrence of the
vacanc$!
.! ( vacanc$ in the Senate will be flled u at the ne&t regular
election!-Section @#R( =;880
:4(RD 42 ELE)1"46 "6S'E)14RS -:E"0
1he :oard of Election "nsectors shall be comosed of a chairman
and two members# all of whom are ublic school teachers!
"f there are not enough ublic school teachers# teachers in rivate
schools# emlo$ees in the civil service# or other citizens of *nown
robit$ and cometence ma$ be aointed! -Section ;?# R( 88@80
N(1)3ERS
6umber
;! 4%cial watchers
Ever$ registered art$ or coalition of arties and ever$ candidate is
entitled to one watcher er recinct and canvassing counter!
)andidates for the local legislature belonging to the same art$
are entitled collectivel$ to one watcher!
Si& rincial watchers from 8 accredited ma,or olitical arties
shall be recognized! -Section .8# =;880
.! 4ther watchers
9 1he accredited citizenQs arm is entitled to a watcher in ever$
recinct!
9 4ther civic organizations ma$ be authorized to aoint one
watcher in ever$ recinct! -Section ;I<# :' II;0
"mortant rights of watchers
;! (ll watchers
a! 1o sta$ inside the recinct
b! 1o inform themselves of the roceedings
c! 1o fle a rotest against an$ irregularit$
d! 1o obtain a certifcate of the number of votes cast for each
candidate -Section ;=K# :'II;0
.! )itizenQs (rm
1o be given a co$ of the election return to be used for the conduct
of an uno%cial count! -Section ;# R( I<@L0
/"""! )(S1"6A 42 /41ES
;! 1he chairman of the :oard of Election "nsectors should sign
each ballot at the bac*! 1he omission of such signature does not
afect the validit$ of the ballot!-Libanan vs 3RE1#.I? S)R( L.<0
Mnder the rules revailing during the ;KK= :aranga$ Elections# the
failure to authenticate the ballots shall no longer be cause for the
invalidation thereof! -5alabaguio vs! )45ELE)#?@8 S)R( 8KK0
.! ( voter who was challenged on the ground that he has been
aid for the vote or made a bet on the result of the election will be
allowed to vote if he ta*es an oath that he did not commit the act
alleged in the challenge! -Section .<<#:'II;0
?! (n illiterate or h$sicall$ disabled voter ma$ be assisted b$ a
relative b$ a%nit$ or consanguinit$ within the fourth degree or an$
erson of his confdence who belongs to the same household or
an$ member of the :oard of Election "nsectors! -Section ;K8#
:'II;0
@! "t is unlawful to use carbon aer# ara%n aer or other means
for ma*ing a co$ of the contents of the ballot or to use an$ means
to identif$ the ballot!-Sec! ;KL#:'II;0! ( ballot reared under
such circumstances should not be counted! -Autierrez vs! (quino#
2eb#.8#;KLK0
(:SE61EE /41"6A
;! 5embers of the :oard of Election "nsectors and their
substitutes ma$ vote in the recinct where the$ are assigned!
-Section ;8K# :' II;0
.! (bsentee voting for 'resident# /+resident and Senators are
allowed for members of the (2'# '6'# and other government
emlo$ees assigned in connection with the erformance of
election duties to laces where the$ are not registered! -Section
;.# R( =;880
R( 64! K;IK C(6 ()1 'R4/"D"6A 24R ( SPS1E5 42 4/ERSE(S
(:SE61EE /41"6A :P 7M(L"2"ED )"1"HE6S 42 13E '3"L"''"6ES
(:R4(DD
Sec! L! Disqualifcation! 1he following shall be disqualifed from
voting under this (ct:
a0 1hose who have lost their 2iliino citizenshi in accordance with
'hiliine lawsB
b0 1hose who have e&ressl$ renounced their 'hiliine citizenshi
and who have ledge allegiance to a foreign countr$B
c0 1hose who have committed and are convicted in a fnal
,udgment b$ a court or tribunal of an ofense unishable b$
imrisonment of not less than one -;0 $ear# including those who
have committed and been found guilt$ of Dislo$alt$ as defne
under (rticle ;?= of the Revised 'enal )ode# such disabilit$ not
having been removed b$ lenar$ ardon or amnest$: 'rovided#
however# 1hat an$ erson disqualifed to vote under this
subsection shall automaticall$ acquire the right to vote uon
e&iration of fve-L0 $ears after service of sentenceB 'rovided
further# 1hat the )ommission ma$ ta*e cognizance of fnal
,udgments issued b$ foreign courts or tribunals onl$ on the basis or
recirocit$ and sub,ect to the formalities and rocesses rescribed
b$ the Rules of court on e&ecution of ,udgmentsB
d0 (n immigrant or a ermanent resident who is recognized as
such in the host countr$# unless heGshe e&ecute# uon registration#
an a%davit reared for the urose b$ the )ommission declaring
that heG she shall resume actual h$sical ermanent residence in
the 'hiliine not later than three-?0 $ears from aroval of hisGher
registration under this (ct! Such a%davit shall also state that sheG
he has no alied for citizenshi in another countr$! 2ailure to
return shall be cause for the removal of the name of immigrant or
ermanent resident from the 6ational Registr$ of (bsentee /oters
and hisGher ermanent disqualifcation to vote in absentia!
e0 (n$ citizen of the 'hiliines abroad reviousl$ declared insane
or incometent b$ cometent authorit$ in the 'hiliines or
abroad# as verifed b$ the 'hiliine embassies# consulates or
foreign service establishments concerned# unless such cometent
authorit$ subsequentl$ certifes that such erson is no longer
insane or incometent!
SE)! 8 'ersonal 4verseas (bsentee Registration! Registration as
an overseas absentee voter shall be done in erson!
7ualifed citizens of the 'hiliines abroad who failed to register
under Reublic (ct 6o! I;IK# otherwise *nown as C1he /oters
Registration (ct of ;KK8D# ma$ ersonall$ al$ for registration
with the Election Registration :oard of the cit$ or municialit$
where the$ were domiciled immediatel$ rior to their dearture
from the 'hiliines# or with the reresentative of the )ommission
of the 'hiliine embassies# consulates and other foreign service
establishments that have ,urisdiction over the localit$ where the$
temoraril$ reside! Sub,ect to guidelines herein rovided# the
)ommission is hereb$ authorized to rescribe rocedures for
overseas absentee registration ursuant to the rovisions of
Reublic (ct 6o! I;IK# whenever alicable# ta*ing into strict
consideration the time zones and the various eriods and
rocesses herein rovided for the roer imlementation of this
(ct! 1he embassies# consulates and other foreign service
establishments shall transmit within fve -L0 da$s from receit the
accomlished registration forms to the )ommission after which the
)ommission shall coordinate with the Election 4%cer of the cit$ or
municialit$ of the alicantQs stated residence for verifcation#
hearing and annotation in the ermanent list of voters!
(ll alications for the 5a$ .<<@ elections shall be fled with the
)ommission not later than two hundred eight$ -.I<0 calendar da$s
before the da$ of elections! 2or succeeding elections# the
)ommission shall rovide for the eriod within which alications
to register must be fled!
"n the case of seafarers# the )ommission shall rovide a secial
mechanism for the time and manner of ersonal registration ta*ing
into consideration the nature of their wor*!
8!; Mon receit of the alication for registration# the Election
4%cer shall immediatel$ set the alication for hearing# the notice
of which shall be osted in a consicuous lace in the remises of
the cit$ or municial building of the alicantQs stated residence
for at least one -;0 wee* before the date of the hearing! 1he
Election 4%cer shall immediatel$ furnish a co$ of the alication
to the designated reresentatives of olitical arties and other
accredited grous!
8!. "f no verifed ob,ection to the alication is fled# the Election
4%cer shall immediatel$ forward the alication to the Election
Registration :oard# which shall decide on the alication within
one -;0 wee* from the date of hearing without waiting for the
quarterl$ meeting of the :oard! 1he alicant shall be notifed of
the aroval or disaroval of hisGher alication b$ registered
mail!
8!? "n the event that an ob,ection to the alication is fled rior to
or on the date of hearing# the Election 4%cer shall notif$ the
alicant of said ob,ection b$ registered mail# and closing therein
coies of a%davits or documents submitted in suort of the
ob,ection fled with the said Election 4%cer# if an$! 1he alicant
shall have the right to fle his counter+a%davit b$ registered mail#
clearl$ stating therein facts and defenses sworn before an$ o%cer
in the host countr$ authorized to administer oaths!
8!@ 1he alication shall be aroved or disaroved based on the
merits of the ob,ection# counter+a%davit and documents submitted
b$ the art$ ob,ecting and those of the alicant!
8!L ( )ertifcate of Registration as an overseas absentee voter
shall be issued b$ the )ommission to all alicants whose
alications have been aroved# including those certifed as
registered voters! 1he )ommission shall include the aroved
alications in the 6ational Registr$ of (bsentee /oters!
8!8 "f the alication has been aroved# an$ interested art$ ma$
fle a etition for e&clusion not later than two hundred ten -.;<0
da$s before the da$ of elections with the roer municial or
metroolitan trial court! 1he etition shall be decided within ffteen
-;L0 da$s after its fling on the basis of the documents submitted in
connection therewith! Should the court fail to render a decision
within the rescribed eriod# the ruling of the Election Registration
:oard shall be considered a%rmed!
8!= "f the alication has been aroved# the alicant or his
authorized reresentative shall# within a eriod of fve -L0 da$s
from receit of the notice of this aroval# have the right to fle a
etition for inclusion with the roer municial or metroolitan trial
court! 1he etition shall be decided within fve -L0 da$s after its
fling on the basis of documents submitted in connection therewith!
7ualifed citizens of the 'hiliines abroad# who have reviousl$
registered as voters ursuant to Reublic (ct 6o! I;IK shall al$
for certifcation as absentee voters and for inclusion in the 6ational
Registr$ of 4verseas (bsentee /oters# with a corresonding
annotation in the )ertifed /oterQs List!
Sec! =! S$stem of )ontinuing Registration! 1he )ommission shall
ensure that the benefts of the s$stem of continuing registration
are e&tended to qualifed overseas absentee voters! 1owards this
end# the )ommission shall otimize the use of e&isting facilities#
ersonnel and mechanisms of the various government agencies for
uroses of data gathering# data validation# information
dissemination and facilitation of the registration rocess!
're+dearture rograms# services and mechanisms ofered and
administered b$ the Deartment of 2oreign (fairs# Deartment of
Labor and Emlo$ment# 'hiliine 4verseas Emlo$ment
(dministration# 4verseas Nor*ersQ Nelfare (dministration#
)ommission on 2iliinos 4verseas and other aroriate agencies
of the government shall be utilized for uroses of suorting the
overseas absentee registration and voting rocesses# sub,ect to
limitations imosed b$ law!
Sec!I Requirements for Registration! Ever$ 2iliino registrant
shall be required to furnish the following documents:
a0 ( valid 'hiliine assort! "n the absence of a valid assort# a
certifcation of the Deartment of 2oreign (fairs that it has
reviewed the aroriate documents submitted b$ the alicant
and found them su%cient to warrant the issuance of a assort# or
that the alicant is a holder of a valid assort but is unable to
roduce the same for a valid reasonB
b0 accomlished registration from rescribed b$ the commission
containing the mandator$ information:
9 Last *now residence of the alicant in the 'hiliines before
leaving for abroadB
9 (ddress of alicant abroad# or forwarding address in the case of
seafarersB
9 Nhere voting b$ mail is allowed# the alicantQs mailing address
outside the 'hiliines where the ballot for absentee voters will be
sent# in roer casesB and
9 6ame and address of alicantQs authorized reresentative in the
'hiliines for uroses of Section 8!= and Section ;. hereof!
"n the case of immigrants and ermanent residents not otherwise
disqualifed to vote under this (ct# an a%davit declaring the
intention to resume actual h$sical ermanent residence in the
'hiliines not later than three -?0 $ears after aroval of hisGher
registration as an overseas absentee voter under this (ct! Such
a%davit shall also state that heGshe has not alied for citizenshi
in another countr$!
1he )ommission ma$ also require additional data to facilitate
registration and recording! 64 information other than those
necessar$ to establish the identit$ and qualifcation of the
alicant shall be required!
Sec! ;; 'rocedure for (lication to /ote in (bsentia!+
;;!; Ever$ qualifed citizen to the 'hiliines abroad whose
alication for registration has been aroved# including those
reviousl$ registered under Reublic (ct 6o! I;IK# shall# in ever$
national election# fle with the o%cer of the embass$# consulate or
other foreign service establishment authorized b$ the )ommission#
a sworn written alication to vote in a form rescribed b$ the
)ommission! 1he authorized o%cer of such embass$# consulate or
other foreign service establishment shall transmit to the
)ommission the said alication to vote within fve -L0 da$s from
receit thereof! 1he alication form shall be accomlished in
trilicate and submitted together with the hotoco$ of hisGher
overseas absentee voter certifcate of registration!
;;!. Ever$ alication to vote in absentia ma$ be done ersonall$
at# or b$ mail to the embass$# consulate or foreign service
establishment# which has ,urisdiction over the countr$ where
heGshe has indicated hisGher address for uroses of th elections!
;;!? )onsular and dilomatic services rendered in connection with
the overseas absentee voting rocesses shall be made available at
no cost to the overseas absentee voter!
Sec! ;. ! /erifcation and (roval of (lication to /ote!+
(ll alications shall be acted uon b$ the )ommission uon
receit thereof# but in no case later than one hundred fft$ -;L<0
da$s before the da$ of elections! "n the event of disaroval of the
alication# the voter or his authorized reresentative ma$ fle a
5otion for Reconsideration with the )ommission ersonall$# or b$
registered mail# within ten -;<0 da$s from receit of the notice of
disaroval! 1he )ommission shall act within fve -L0 da$s from
receit of such 5otion for Reconsideration and shall immediatel$
notif$ the voter of its decision! 1he decision of the )ommission
shall be fnal and e&ecutor$!
Sec! ;8! casting and Submission of :allot!+
;8!; Mon receit b$= the designated o%cer of the embass$#
consulate and other foreign service establishments of the ballots
for overseas absentee voters# voting instruction# election forms
and other arahernalia# heGshe shall ma*e them available on the
remises to the qualifed overseas absentee voters in their
resective ,urisdiction during the thirt$ -?< 0 da$s before the da$ of
elections when overseas absentee voters ma$ cast their vote!
"mmediatel$ uon receiving it# the overseas voter must fll+out
hisGher ballot ersonall$# in secret# without leaving the remises of
the embassies# consulates and other 2oreign Service
establishments concerned!
;8!. 1he overseas absentee voter shall ersonall$ accomlish
hisGher ballot at the embass$# consulate or other foreign service
establishment that has ,urisdiction over the countr$ where heGshe
temoraril$ resides or at an$ olling lace designated and
accredited b$ the )ommission!
;8!? 1he overseas absentee voter shall cast his ballot# uon
resentation of the absentee voter identifcation card issued b$ the
)ommission# within thirt$ -?<0 da$s before the da$ of elections! "n
the case of seafarers# the$ shall cast their ballots an$time within
si&t$ -8<0 da$s before the da$ of elections! "n the case of seafarers#
the$ shall cast their ballots an$time within si&t$ -8<0 da$s before
the da$ of elections as rescribed in the "mlementing Rules and
Auidelines!
;8!@ (ll accomlished ballots received shall be laced unoened
inside sealed containers and *et in a secure lace designated b$
the )ommission!
;8!L 1he embassies# consulates and other foreign service
establishments concerned shall *ee a comlete record of the
ballots for overseas absentee voters# secifcall$ indicating the
number of ballots the$ actuall$ received# and in cases where
voting b$ mail is allowed under Section ;= hereof# the names and
addresses of the voters to whom these ballots were sent# including
roof of receit thereof! "n addition# the embassies# consulates and
other foreign service establishments shall submit a formal reort to
the )ommission and the Ooint )ongressional 4versight )ommittee
created under this (ct within thirt$ -?<0 da$s from the da$ of
elections! Such reort shall contain data on the number of ballots
cast and received b$ the o%cers the number of invalid and
unclaimed ballots and other ertinent data!
;8!8 1he overseas absentee shall be instructed that hisGher ballot
shall not be counted if it is not inside the secial enveloe
furnished himGher when it is cast!
;8!= :allots not claimed b$ the overseas absentee voters at the
embassies# consulates and other foreign service establishments# in
case of ersonal voting# and ballots returned to the embassies#
consulates and other foreign service establishments concerned# in
the case of voting b$ mail! Shall be cancelled and shied to the
)ommission b$ the least costl$ method within si& -80 months from
the da$ of elections!
;8!I 4nl$ ballots cast# and mailed ballots received b$ the
'hiliine embassies# consulates and other foreign service
establishments concerned in accordance with Section ;= hereof
before the close of voting oen the da$ of elections shall be
counted in accordance with Section ;I hereof! (ll enveloes
containing the ballots received b$ the embassies# consulates and
other foreign service establishments after the rescribed eriod
shall not b oened# and shall be cancelled and shied to the
)ommission b$ the least costl$ method within si& -80 months from
the da$ of elections!
;8!K ( secial :allot Recetion and )ustod$ Arou comosed of
three -?0 members shall be constituted b$ the )ommission from
among the staf of the embassies# consulates and other foreign
service establishments concerned including their attached
agencies# and citizens of the 'hiliines abroad# who will be
deutized to receive ballots and ta*e custod$ of the same
rearator$ to their transmittal to the Secial :oards of Election
"nsectors!
;8!;< During this hase of the election rocess# the authorized
reresentatives of olitical arties# candidates# and accredited
citizensQ arms of the )ommission shall be notifed in writing thereof
and shall have the right to witness the roceedings!
;8!;; 1he )ommission shall stud$ the use of electronic mail#
internet# or other secured networ*s in the casting of votes# and
submit a reort thereon to the Ooint )ongressional 4versight
)ommittee!
Sec! ;=! /oting b$ 5ail!
;=!; 2or the 5a$ .<<@ elections# the )ommission shall authorize
b$ voting mail in not more than three -?0 countries# sub,ect to the
aroval of the )ongressional 4versight )ommittee! /oting b$ mail
ma$ be allowed in countries that satisf$ the following conditions:
a!0 Nhere the mailing s$stem is fairl$ well+develoed and secure to
revent occasion for fraudB
b!0 Nhere there e&ists a technicall$ established identifcation
s$stem that would reclude multile or ro&$ votingB and
c!0 Nhere the s$stem of recetion and custod$ of mailed ballots in
the embassies# consulates and other foreign service
establishments concerned are adequate and well+secured!
1hereafter# voting b$ mail in an$ countr$ shall be allowed onl$
uon review and aroval of the Ooint )ongressional 4versight
)ommittee!
;=!!. 1he overseas absentee voter shall send hisGher accomlished
ballot to the corresonding embass$# consular or foreign service
establishment that has ,urisdiction over the countr$ where heGshe
temoraril$ resides! 3eGshe shall be entitled to cast hisGher ballot
at an$ time uon hisGher receit thereof# rovided that the same is
received before the close of voting on the da$ of elections! 1he
overseas absentee voter shall be instructed that hisGher ballots
shall not be counted if not transmitted in the secial enveloe
furnished himGher!
;=!? 4nl$ mailed ballots received b$ the 'hiliine embass$#
consulate and other foreign service establishments before the
close of voting on the da$ of elections shall be counted in
accordance with Section ;I hereof! (ll enveloes containing the
ballots received b$ the embassies# consulates and other foreign
service establishments after the rescribed eriod shall not be
oened# and shall be cancelled and disosed of aroriatel$# with
a corresonding reort thereon submitted to the )ommission not
later than thirt$ -?<0 da$s from the da$ of elections!
Sec! .?! Securit$ 5easures to Safeguard the Secrec$ and Sanctit$
of :allots!+ (t all stages of the electoral rocess# the )ommission
shall ensure that the secrec$ and integrit$ of the ballots are
reserved! 1he )ommittees on (bsentee /oting of the )ommission
shall be resonsible for ensuring the secrec$ and sanctit$ of the
absentee voting rocess! "n the interest of transarenc$# all
necessar$ and racticable measures shall be adoted to allow
reresentation of the candidates# accredited ma,or olitical arties#
accredited citizensQ arms and non+government organizations to
assist# and intervene in aroriate cases# in all stages of the
electoral e&ercise and to revent an$ and all forms of fraud and
correction!
Sec! .@! 'rohibited (cts! "n addition to the rohibited acts
rovided b$ law# it shall be unlawful:
.@!; 2or an$ o%cer or emlo$ee of the 'hiliine government to
inVuence or attemt to inVuence an$ erson covered b$ this act to
vote# or not to vote# for a articular candidate! 6othing in this (ct
shall be deemed to rohibit free discussion regarding olitics or
candidates for ublic o%ce!
.@!. 2or an$ erson to derive an$ erson of an$ right secured in
this act or to give false information as to hisGher name# address# or
eriod of residence for the uroses of establishing hisGher
eligibilit$ or ineligibilit$ to register or vote under this actB or to
consire with another erson for the urose of encouraging the
giving of false information in order to establish the eligibilit$ or
ineligibilit$ of an$ individual to register or vote under this (ctB or#
to a$# or ofer to a# or to accet a$ment either fro alication to
vote in absentia or for voting!
.@! ? 2or an$ erson to tamer with the ballot# the mail containing
the ballots for overseas absentee voters# the election returns
including the destruction# mutilation and maniulation thereof!
.@!@ 2or an$ erson to steal# destro$# conceal# mutilate or alter an$
record# document or aer as required for uroses of this (ct!
.@!L 2or an$ deutized agent to refuse without ,ustifable ground#
to serve or continue serving# or to coml$ with hisGher sworn duties
after accetance of hisGher aointmentsB
.@!8 2or an$ ublic o%cer or emlo$ee who shall cause the
rearations# rinting# distribution of information material# or ost
the same in website without the rior aroval of the )ommission!
.@!= 2or an$ ublic emlo$ee to cause the transfer# romotion#
e&tension# recall of an$ member of the foreign service cors#
including members of the attached agencies# or otherwise cause
movement of an$ such member from his current ost or osition
one -;0 $ear before and three -?0 months after the da$s of
elections# without securing the rior aroval of the )ommission!
.@!I 2or an$ erson who# after being deutized b$ the )ommission
to underta*e activities in connection with the imlementation of
this (ct# shall camaign for or assist# in whatsoever manner#
candidates in the elections!
2or an$ erson who is not citizen of the 'hiliines to articiate
b$ word or deed# directl$ or indirectl$ through qualifed
organizationsGassociations# in an$ manner and at an$ stage of the
'hiliine olitical rocess abroad# including articiation in the
camaign and elections!
1he 'rovision of e&isting laws to the contrar$ notwithstanding# and
with due regard to the 'rincile of Double )riminalit$# the
rohibited acts described in this section are electoral ofenses and
unishable in the 'hiliines!
1he enalties imosed under Section .8@ of the 4mnibus Election
)ode# as amended# shall be imosed on an$ erson found guilt$ of
committing an$ set of the rohibited acts as defned " this section!
'rovided# that the enalt$ or rision ma$or in its minimum eriod
shall be imosed uon an$ erson found guilt$ of Section .@!?
hereof without the beneft of the oeration of the "ndeterminate
Sentence Law! "f the ofender is a ublic o%cer or a candidate# the
enalt$ shall be rision ma$or in its minimum eriod! "n addition#
the ofender shall be sentenced to sufer eretual disqualifcation
to hold ublic o%ce and derivation of the right to vote!
"mmigrants and ermanent residents who do not resume residence
in the 'hiliines as stiulated in their a%davit under Section L -d0
within three -?0 $ears after aroval of hisGher registration under
this (ct and $et vote in the ne&t elections contrar$ to the said
section# shall be enalized b$ imrisonment of not less than one
-;0 $ear# and shall be deemed disqualifed as rovided in Section L
-c0 of this (ct! 3isGher assort shall be stamed Cnot allowed to
voteD!
"F )4M61"6A 42 /41ES
5(66ER
;! 1he :oard of Election "nsectors shall read the ballots ublicl$
and shall not ostone the count until it is comleted! -Section
.<8# :' II;0
.! 1he :oard of Election "nsectors shall assume such ositions as
to rovide the watchers and the ublic unimeded view of the
ballot being read! -Section .L# R( =;880
?! "f on account of violence or similar causes it becomes necessar$
to transfer the counting of the votes to a safer lace# the :E" ma$
efect the transfer b$ unanimous aroval of the board and
concurrence of a ma,orit$ of the watchers resent! -Section ;I#
R(88@80
@! Nhere a commotion resulted in susension of the counting# the
:E" ma$ recount the ballots! -Da$ag vs! (lonzo0
S'E)"(L 'R4:LE5S
;! E&cess :allots
"f there are e&cess ballots# the oll cler* shall draw out as man$
ballots equal to the e&cess without seeing them# and the e&cess
ballots shall not be counted! -Section .<=# :'II;0
.! Soiled ballots
:allots in the comartment for soiled ballots are resumed to be
soiled ballots!
"f the :E" fnds that a valid ballot was erroneousl$ deosited in the
comartment for soiled ballots! "t shall be counted! -Section .<K#
:'II;0
?! 5ar*ed :allot
a0 5ar*ed ballots shall not be counted -Section .<I# :'II;0
b0 ( ballot is considered mar*ed in an$ of the following cases:
9 1he voter signed the ballot! -2errer vs De (lban# ;<; hil ;<0
9 1here were variations in the st$le of writing
9 1he name of a a candidate was written more than twice
9 1he voter wrote the names of well+*nown ublic fgures who are
not candidates such as actors# actresses and national olitical
fgures! -'rotacto vs! De Leon# K S)R( @=.0
9 1he ballot contains irrelevant e&ression!-:autista vs! )astro#.<8
S)R( ?<L0! 3owever# the use of nic*names and aellations of
afection and friendshi# if accomanied b$ the name of the
candidate does not annul the ballot e&cet when it is used to
identif$ the voter! -Section .;; -;?0# :'I;;0
c0 Evidence aliunde is not necessar$ to rove a ballot as mar*ed!
-:acobo vs! )45ELE)#;K; S)R( L=80
d0 ( ballot in which a stic*er was stuc* b$ another erson to
invalidate it should not be re,ected! -Lerias vs! 3RE1#.<. S)R(
I<I0
RMLES 24R (''RE)"(1"46 42 :(LL41S
;! ( ballot in which the frst name or surname of a candidate is
written should be counted for him# if there is no other candidate
with the same name! -Lerias vs! 3RE1#.<. S)R( I<I0
.! "f onl$ the frst name of a candidate is written and it sounds li*e
the surname of another candidate# the vote shall be counted in
favor of the latter!
?! "f there are two or more candidates with the same name and
one of them is incumbent# the vote shall be counted in favor of the
incumbent!
@! Nhen two or more words are written on diferent lines which are
the surnames of two or more candidates with the same surname of
an o%ce for which the law authorizes the election of more than
one# the vote shall be counted in favor of all the candidates! Nith
the same surname!
L! Nhen the word written is the frst name of one candidate and
the surname of another candidate# the vote shall be counted for
the latter!
8! "f the ballot contains the frst name of one candidate and the
surname of another# the vote shall not be counted for either!
=! (n incorrectl$ written name which sounds li*e the correctl$
written name of a candidate shall be counted in his favor-:autista
vs )astro#.<8 S)R( 8<80
I! "f the word written is the incidental name of two or more
candidates for the same o%ce none of whom is incumbent# the
vote shall be counted in favor of the candidate who belongs to the
same tic*et as all other candidates voted for in the ballot for the
same constituenc$!
K! 1he erroneous initial of the frst name accomanied b$ the
correct surname of a candidate or the erroneous initial of the same
accomanied b$ the correct frst name of a candidate shall not
annul the vote in his favor!
;<! ( ballot in which the correct frst name but wrong surname of a
candidate is written or the correct surname but wrong frst name of
a candidate is written #shall not be counted in his favor!
;;! Nhere a candidate named 'edro (lfonso died on the eve of the
election and his daughter "rma (lfonso substituted him# ballots in
which the name 'edro alfonso was written cannot be counted in
her favor! -(fonso vs! )45ELE)#.?. S)R( ===0
;.! "f two or more candidates were voted for in an o%ce for which
the law authorizes the election for onl$ one# the vote shall not be
counted in favor of an$ of them!
;?! "f the candidate voted for e&ceed the number of those to be
elected# the votes for the candidates whose names were frstl$
written equal to the number of candidates to be elected shall be
counted!
;@! Even if the name of a candidate was written on the wrong
sace# it should be counted if the intention to vote for him can be
determined# as when there is a comlete list of names of other
o%ces written below his name or the voter wrote the o%ce for
which he was electing the candidate! -)ordero vs!5oscardon#;?.
S)R( @;@0
S1R(P :(LL41
Rule ;@ of section .;; of the 4mnibus Election )ode considers
three *inds of votes as stra$: -;0 a vote containing initials onl$#-.0
a vote which is illegible# and - ?0 a vote which does not su%cientl$
identif$ the candidate for whom it is intended! -/illarosa vs!
3RE1#?@< S)R( ?K80
1he rule is in favor of the validit$ of the ballot# not otherwiseR 1he
aearance of rint and scrit writings in a single ballot does not
necessaril$ iml$ that two ersons wrote the ballotR
'aragrah ;I#section ;@K of the RE)# rovides that unless it should
clearl$ aear that it has been deliberatel$ ut b$ the voter to
serve as identifcation mar*# the use of two or more *inds of
writing shall be considered innocent and shall not invalidate a
ballot!!
Mnder Section .;;-;K 0 of the 4E)# an$ vote in favor of a erson
who has not fled a certifcate of candidac$ or in favor of a
candidate for an o%ce for which he did not resent himself shall be
considered as an astra$ vote# but it shall not invalidate the whole
ballotR 1he une&lained resence of rominent letters and words
written with remar*abl$ good hand mar*ed the ballots and must be
considered invalidR
Nhen in a sace in the ballot there aears a name of candidate
that is erased and another clearl$ written# the vote is valid for the
latterR incorrect selling of a candidateQs name does not
invalidate the ballotYfor even the most literate erson is bound to
commit a mista*e in selling! -4ng vs! )45ELE)# ?@= S)R( 8I;0
)4RRE)1"46 42 RE1MR6S
;! :efore the announcement of the results of the election in a
recinct# an$ correction or alteration in the election returns must
be initialed b$ all members of the :E"!
.! (fter the announcement of the results in a recinct# the
authorization of the )45ELE) is needed to ma*e an$ correction or
alteration!
9 "f the etition is b$ all members of the :E"# the results of the
election will not be afected# and none of the candidate afected
ob,ects# the )45ELE)# uon being satisfed of the veracit$ of the
etition# shall order the correction!
9 "f a candidate afected b$ the etition ob,ects and the correction
will afect the results of the election# the )45ELE) shall order a
recount of the votes# if it fnds the etition meritorious and the
integrit$ of the ballot bo& has not been violated -section .;8# :'
II;0
N3(1 )46S1"1M1E (6 ELE)1"46
'luralit$ of votes su%cient for choice
6ot necessar$ that a ma,orit$ of voters should vote
)ER1"2")(1E 42 /41ES
1he :E" shall issue a certifcate of the number of votes received b$
a candidate uon request of a watcher! -Section ;8# R(88@80
1he certifcate of votes is admissible in evidence to rove anomal$
in the election return when authenticated b$ testimon$ or
documentar$ evidence of at least two members of the :E"!
F! )(6/(SS"6A (6D 'R4)L(5(1"46
)(6/(SS"6A :4D"ES
;! )ongress
a! 'resident
b! vice resident
.! )45ELE)
a! Senators
b! Regional 4%cials
?! 'rovincial board of canvassers
a! )ongressman
b! 'rovincial o%cials
@! District :oard of )anvassers in each legislative district in 5etro
5anila
a! )ongressman
b! 5unicial o%cial
L! )it$ and 5unicial :oard of )anvassers
a! )ongressmen
b! )it$ and municial o%cials
8! :aranga$ :oard of )anvassers
a! :aranga$ o%cials
SM'ER/"S4RP '4NER 4/ER 13E :4(RD
1he )45ELE) e&ercises direct suervision and control over the
roceedings before the board of canvassers -5astura vs!
)45ELE)# .IL S)R( @K?0
6(1MRE 42 DM1P 42 :4(RD 42 )(6/(SSERS
;! 5inisterial+ it has onl$ the ministerial tas* of tall$ing the votes
as reorted in the election returns and declare the results# and
cannot e&ercise the ,udicial ower of deciding an election contest!
1he correction of the manifest mista*e in the mathematical
addition calls for a mere clerical tas* on the art of the board! 1he
remed$ is urel$ administrative! -1atlonghari vs! )45ELE)#;KK
S)R( ;KK0
.! 7uasi+Oudicial+ 1he )omelec e&ercises ,udgment or discretion to
determine whether an$ given return before it is genuine in
connection with the canvass of votes!
'R4)EDMRE
;! 1he )45ELE) has direct control and suervision over the board
of canvassers e&cet congress! "t ma$ motu rorio relieve at an$
time and substitute an$ member of the board of canvassers!
-section ..=# :' II;0
9 ( municial court has no ,urisdiction to restrain the municial
board of canvasser! -Librados vs! )asar#.?@ S)R( ;?0
.! 5anner of deliver$ of election Return
a! 1he :E" shall ersonall$ deliver to the cit$ or municial board of
canvassers the co$ of the election returns intended for them
sealed in an envelo# signed and thumbmar*ed b$ the members of
the :E"!
1he fact that an election return was not loc*ed in the ballot bo&
when it was delivered to the board of canvassers is not ground for
e&cluding it in the absence of roof that it was tamered with
-'imentel vs! )omelec#;@< S)R( ;.80
b! 1he :E" shall ersonall$ deliver to the rovincial and district
board of canvassers the co$ of the election returns intended for
them to the election registrar!
c! Natchers have the right to accoman$ the members of the :E"
and the election registrar during the deliver$ of the election
returns to the board of canvassers! -section ..K# :' II;0
R"A31S 42 )(6D"D(1ES
;! Ever$ registered olitical art$ and candidate is entitled to one
watcher in the canvassing center# but candidates for the local
legislative bodies belonging to the same art$ are entitled
collectivel$ to one watcher! 1he fact that the watcher of a
candidate was not resent when the canvassing was resumed
because he was notifed is not a ground to annul the canvass!
-7uilala vs! )45ELE)#;II S)R( K<.0
.! (n$ registered olitical art$ and candidate has the right to be
resent and to counsel
a! onl$ one counsel ma$ argue for each art$ of candidateB no
dilator$ action shall be allowed
?! 'roblem areas
a! Lost return
9 "f an$ election return has been lost# uon rior authorit$ of the
)45ELE)# the board of canvassers ma$ use authentic co$ of it or
a certifed co$ of it issued b$ the )45ELE)-Section .??#:' II;0!
"t is not necessar$ that all the other coies shall be considered!
9 "f an election return is missing a recount should not be ordered if
there is an$ authentic co$ available-4ng vs! )45ELE)# .;8 S)R(
I880
9 "f all coies of the Election returns were lost# a recount of the
ballots should be made!
9 1he certifcate of votes signed b$ the :E" and tall$ board cannot
be used for the canvass# because onl$ election returns are
evidence of the results of the election! -Aara$ vs )45ELE)# .8.
S)R( ...0
b! 4mission in the return
9 in case of an omission in the election return of the names of a
candidate or his votes# the board of canvassers shall require the
:E" to comlete it!
9 "f the votes omitted cannot be ascertained e&cet b$ recounting
the ballots# after ascertaining the integrit$ of the ballot has not
been violated# the )45ELE) shall order the :E" to count the votes
for the candidate whose votes were omitted and to comlete the
return! Since the omission of the election return on the number of
votes certain candidates received is not a discreanc$# a recount of
the vote should be ordered instead of e&cluding the election return
in the canvassing! -'atora$ vs! )45ELE)#.@K S)R( @K<0
c! 1amered or falsifed return
9 "f the election return submitted to the board of canvassers was
tamered with or falsifed or reared under duress or b$ ersons
other than the :E"# the board shall use the other coies of the
election return!
9 "f the other coies of the election returns were also tamered
with or falsifed or reared under duress or b$ ersons other than
the :E"# the )45ELE) after ascertaining that the integrit$ of the
ballot bo& has not been violated#shall order the :E" to recount the
votes and reare a new return!
9 "f the certifcate of canvass was tamered with# the )45ELE)
ma$ order that an$ of the coies of the election returns be used in
ma*ing a new canvass!-5astura vs! )45ELE)#.8L S)R( @K?0
9 Since an election return reared without counting the ballots is
a fabrication# it should not be counted and a count of the ballot
should be ordered!- Lucero vss! )45ELE)#.?@ S)R( .I<0
d! Discreancies in returns
"f there are discreancies in the other authentic coies of the
return or in the words or fgures in the same return and it will afect
the result of the election# the )45ELE)# after ascertaining that the
integrit$ of the ballot bo& has not been violated# shall order the
recount of the ballots!
"f there is discreanc$ between the tall$ and the written fgures in
the election return# it should be e&cluded from the canvassing and
a recount of the ballots should be made or the certifcate of votes
cast in the recinct should be used! -'atora$ vs! )45ELE)#.@K
S)R( @@<0
'R4)L(5(1"46
;! (n incomlete canvass of votes is illegal cannot be a basis of a
valid roclamation -Samad vs! )45ELE)#..@ S)R(8?;#Loong vs!
)45ELE)#.L= S)R( ;0 a canvass cannot be reVective of the true
vote of the electorate unless all returns are considered and none is
omitted -)aruncho """ vs! )45ELE)#?;L S)R( 8K?0
.! "f the questioned election returns will not afect the result of the
election# a roclamation ma$ be made uon the order to the
)45ELE) after notice and hearing!
?! ( roclamation made where the contested returns set aside will
afect the result of the election and the board of canvassers
roceeded to roclaim without the authorit$ from the )45ELE) is
null and void! -Sema vs! )45ELE)#?@= S)R( 8??0
@! 1he mere fling of a etition for disqualifcation is not a ground to
susend the roclamation of the winning candidate+in the absence
of an order susending roclamation# the winning candidate who is
sought to be disqualifed is entitled to be roclaimed as a matter of
law! -:agatsing vs ))45ELE)#?.< S)R( I;=0
L! 2iling of re+roclamation controvers$ under .@@I of :'II; is
not the onl$ grounds for the susension of roclamation!
8! 1he roclamation of a winning candidate cannot be annulled if
he has not been notifed of the motion to set aside his
roclamation! -)aruncho vs! )45ELE)#?;L S)R( 8K?0
=! 1he fact that the candidate who obtained the highest number of
votes is later declared to be disqualifed or nor eligible for the
o%ce to which he was elected does not necessaril$ entitle the
candidate who obtained the second highest number of votes to be
declared the winner of the elective o%ceR 1o allow the defeated
and reudiated to ta*e over the ma$oralt$ desite the re,ection b$
the electorate is to disenfranchise the electorate without an$ fault
of their art and to determine the imortance and meaning of
democrac$ and the eoleQs right to elect o%cials of their choiceR
)ourt a quo correctl$ held that the second lacer lost the elections
and was reudiated b$ either a ma,orit$ or luralit$ of voters!
-Loreto vs! :rion#?;; S)R( 8K@0
1"E
;! ( tie among two or more candidates for resident or vice
resident shall be bro*en b$ ma,orit$ vote of both houses of
congress voting searatel$ -Section @! (R1 /""# '3"L )461D60
.! "n the case of other ositions# the ties shall be bro*en b$ the
drawing of lots!
2("LMRE 14 (SSM5E 422")E "f a candidate fails to ta*e his oath of
o%ce within 8 months from his roclamation# unless for a cause
be$ond the control of the elected o%cial# his o%ce will be
considered vacant! -section ;.# :' II;0
F" 'RE+'R4)L(5(1"46 )(SES
(! DefnitionB coverage
're+roclamation controvers$ refers to an$ question ertaining to
or afecting the roceedings of the board of canvassers which ma$
be raised b$ an$ candidate or b$ an$ registered olitical art$ or
coalition of olitical arties before the board or directl$ with the
)ommission# or an$ matter raised under sections .??#.?@#.?L and
.?8 in relation to the rearation# transmission# receit# custod$
and areciation of the election returns! -)hu vs! )45ELE)#?;K
S)R( @I.0
"n re+roclamation controvers$# the board of canvassers and the
)45ELE) are not to loo* be$ond or behind election returns which
are on their face regular and authentic returns!-)3M#sura0
( re+roclamation controvers$ is limited to an e&amination of the
election returns on their face+ 1he )45ELE) as a general rule need
not go be$ond the face of the returns and investigate alleged
election irregularities!
1o require the )45ELE) to e&amine the circumstances surrounding
the rearation of the returns would run counter to the rule that a
re+roclamation controvers$ should be summaril$ decided!
Nhere the resolution of the issues raised would require the
)45ELE) to Cierce the veilD of election returns that aear rima
facie regular# the remed$ is a regular election rotest!
1he o%ce of re+roclamation controvers$ is limited to incomlete#
falsifed or materiall$ defective returns which aear as such on
the face! -Sebastian /S )45ELE)# ?.= S)R( @<80
:! OMR"SD")1"46
;! 7uestions involving the legalit$ of the comosition or
roceeding of the board of canvassers# e&cet congress# ma$ be
raised initiall$ in the board of canvassers or the )45ELE)!-SE) ;L
and ;=# R( =;880
.! 7uestions involving the election returns and certifcate of
canvass should be brought in the frst instance before the board of
canvassers onl$ -Section ;=# R( =;880
)! S)4'E 42 'RE+'R4)L(5(1"46 )461R4/ERSP
"SSMES
;! 'rovincial# cit$ and municial o%cials
d! 1he comosition of the roceeding of the board of canvassers is
illegal
e! 1he returns are incomlete# contain material defects# aear to
be tamered with or falsifed or contain discreancies in the same
returns or in other authentic coiesB
f! 1he returns were reared under duress or are obviousl$
manufactured or not authenticB
g! Substitute or fraudulent returns were canvassed# the result of
which materiall$ afect the standing of the aggrieved candidate!
?! 'resident# vice resident# senators# congressmen and baranga$
o%cials
6o re+roclamation case is allowed regarding the rearation#
transmission# receit# custod$ and areciation of the election
return or certifcate of canvass!-)haves vs )45ELE)#.;; S)R(
?;L0
ERR4RS "6 13E )ER1"2")(1E 42 )(6/(SS
)orrection of manifest errors has reference to errors in the election
returns# in the entries of the statement of votes b$ recinctGer
municialit$# or in the certifcate of canvassR a manifest clerical
error is one that is visible to the e$e or obvious to the
understanding# and is aarent from the aers to the e$e
araiser and the collector# and does not include an error which
ma$# b$ evidence dehors the record to be shown to have been
committed! -1rinidad vs! )45ELE)#?.< S)R( I?80
;! Nhile the frst sentence of section ;L of R( =;88 rohibits
candidates in the residential# /ice residential# senatorial and
congressional elections from fling re+roclamation case# the
second sentence allows the fling of etitions for correction of
manifest errors in the certifcate of canvass or election returns
even in elections for resident# vice+resident# senators and
members of the 3ouse of Reresentatives for the simle reason
that the correction of manifest error will not rolong the rocess of
canvassing nor dela$ the roclamation of the winner in the
election! -Sandoval vs! )45ELE)#?.? S)R( @<?0
.! 1he canvassing bod$ ma$ motu rorio or uon etition of an
interested art$ correct manifest errors in the certifcate of
canvass or election return! -Sec ;L# R(=;880
i! ( co$ of an election return or certifcate of canvass was
tabulated more than once!
ii! 1wo or more coies of the same election return or certifcate of
canvass were tabulated searatel$!
iii! 1here was a mista*e in co$ing the fgures into the statement of
votes or certifcate of canvass!
Errors in addition in the certifcate of canvass ma$ be corrected!
-4ng vs )45ELE)#..; S)R( =L0
iv! Returns from non+e&istent recincts were included in the
canvass
1he statement of votes cannot be corrected on the basis of a
certifcation given to a watcher# since election returns are what are
suosed to be the basis of the canvass! -Ramirez vs!
)45ELE)#.=< S)R( ?K<0
S1(1"S1")(L "5'R4:(:"L"1"ES
(n election return which is statisticall$ imrobable is obviousl$
fabricated and should not be counted!
i! Nhere the votes cast in L< recincts for the candidates for
senators of one art$ equalled the number of registered voters# all
the candidates for senators of that art$ received the same
number of votes# and all the candidates for senators of the
oosing art$ got no votes# the election returns are statisticall$
imrobable and are obviousl$ fabricated!-Lagumba$ vs! )limaco#
;8 S)R( ;=L0
ii! Nhere onl$ one candidate of a art$ got all the votes in some
recincts and his oonent got zero# the other candidates for the
other art$ for other ositions received votes# the number of votes
cast were less than the number of registered voters# the election
returns are not statisticall$ imrobable! -Sang*i vs )45ELE)# .;
S)R( ;?K;0sss
iii! 1he mere fact that a candidate receive overwhelming ma,orities
over another candidate in numerous recinct does not ma*e the
election return statisticall$ imrobable! -"larde vs! ?; S)R(=;0
iv! 1he mere fact that the ercentage of turnout of voters was high
and that a candidate received high ercentage of the votes does
not ma*e the election returns statisticall$ imrobable!-Doruelo vs!
)45ELE) #;?? S)R( ?=80
v! 1he bare fact that candidate for ublic o%ce had received zero
vote is not enough to ma*e returns statisticall$ imrobable
-4camo vs!)4JELR)#?.LS)R( 8?80
v! Standing alone without more# the bare fact that a candidate for
ublic o%ce had receive zero votes in one or two recincts can not
adequatel$ suort a fnding that the sub,ect election returns are
statisticall$ imrobable+ the doctrine of statistical imrobabilit$
must be viewed restrictivel$# the utmost care being ta*en lest in
enalizing the fraudulent and corrut ractices# innocent voters
become disenfranchisedR1he doctrine of statistical imrobabilit$
involves a question of fact and more rudential aroach rohibits
its determination e& arte!-/ela$o vs! )45ELE)#?.= S)R(=;?0
"SSMES 641 RES4L/(:LE "6 'RE+'R4)L(5(1"46 )461R4/ERSP
;! "ssues involving the casting or the counting of the ballots are not
roer in re+ roclamation cases!
a0 1he use of illegal election roaganda# vote+bu$ing and
terrorism of the voters are not roer issues in a re+roclamation
case! -/illegas vs! )45ELE)# KK S)R( LIK.0
b0 7uestions on the areciation of the ballots can not be raised in
re+roclamation case! -(lfonso vs!)45ELE)# .?. S)R( ===01hus#
the claim that a candidate was not credited with votes cast for him
because his name was similar to that of another disqualifed
candidate cannot be raised in a re+roclamation case!-)havez vs!
)45ELE)# .;; S)R( ?;L0 Li*ewise# the claim that some ballots
were surious# mar*ed or invalid cannot be raised in a re+
roclamation case! -'atara$ vs! )45ELE)#.=@ S)R( @=<0
c0 1errorism of voters# voting b$ V$ing voters# derivation of the
right to vote of registered voters and vote bu$ing cannot be raised
in a re+roclamation case -(llarde vs! )45ELE)#;LK S)R( 8.?0
d0 /ote bu$ing and secrec$ in the rearation of ballots are not
roer grounds for re+roclamation case -Salazar vs!
)45ELE)#;I@ S)R( @??0
e0 1he claim that the voters were allowed to vote without verif$ing
their identities# that there were discreancies between the
signatures in the voter>s a%davits and the voting record# and third
ersons falsel$ voted for voters who did not vote are not roer
issues in a re+roclamation case -Diatuan vs! )45ELE)#;IL
S)R( I80
f0 1echnical e&amination of the signatures and thumbrints of the
voters to rove substitute voting is not allowed in a re+
roclamation case! -:alindong vs! )45ELLE)#.8< S)R( .K@0
g0 1he adding of the list of voters cannot be raised in a re+
roclamation case# since it does not involve the election return!
-Mtutahan vs! )4445ELE)#;IK S)R( ??L0
h0 1he fact that the voting was sham or minimal is not a ground for
fling a re+roclamation case# since this is roerl$ cognizable in
an election rotest!-Salih vs! )45ELE)#.=K S)R( ;K0
i0 1o loo* be$ond or behind election returns is not a roer issue in
re+roclamation controvers$ -4camo vs! )45ELE)# ?.L S)R(
8?80
,0 1he fact that the counting of the votes was not comleted
because of the e&losion of grenade and that no election was held
cannot be raised in a re+roclamation case# as these are
irregularities that do not aear on the face of the election returns!
-5atalam vs! )45ELE)#.=; S)R( =??0
.! (dministrative lases which do not afect the authenticit$ of an
election return cannot serve as basis for annulling the election
return!
a0 1he failure to close the entries in the election returns with the
signature of the :E"# lac* of seals# absence of time and date of
receit of election return b$ the board of canvassers# lac* of
signature of watchers of the etitioner# and the lac* of authorit$ of
the erson who received the election returns do not afect the
authenticit$ of the returns! -:aterina vs! )45ELE)#.<L S)R( ;0
b0 1he absence of the signature of the claimant of the :E" on the
voterQs a%davits# list of voters and voting records# absence or
e&cess of detachable couons# discreancies between the member
of detachable couons and the number of ballots# missing voterQs
lists are mere administrative omissions and cannot be used as
basis to annul an election return! -(rro$o vs! 3RE1# .@8 S)R( ?I@0
?! Nhere the threats of the followers of a candidate did not afect
the genuineness of an election return# it should not be e&cluded
-Salvacion vs! )45ELE)#;=< S)R( L;?0
SM55(RP D"S'4S"1"46 42 'RE+'R4)L(5(1"46 )461R4/ERSP
;! Summar$ roceedings cannot be stretched to mean e& arte
roceeding+ summar$ siml$ means with disatch# with the least
ossible dela$# signif$ing that the ower ma$ be e&ercised without
trial in the ordinar$ manner rescribed b$ law for regular ,udicial
roceedings!-/ela$o vs!)omelec#?=. S)R( =;?0
.! R( =;88 e&licitl$ rovides that it is onl$ on the basis of the
o%cial records that the )45ELE) can decide the re+roclamation
controvers$ in a summar$ manner! -/ela$o vs! )45ELE)#?.= S)R(
=;?0
?! (ll re+roclamation controversies on election returns or
certifcates of canvass shall be disosed of summaril$+frst b$ the
record of canvassers and then! :$ the )45ELE)! -)hu vs!
)45ELE)# ?;K S)R( @I.0
(! 'rocedure in contested comosition or roceeding of the :oard
of )anvassers
1he illegalit$ of the comosition of the board of canvassers cannot
be questioned after the roclamation of the winner# since it must
be raised immediatel$! -Laodenio vs! )45ELE)#.=8 S)R( =<L0
1he ruling of the board of canvassers on question afecting its
comosition or roceeding ma$ be aealed to the )445ELE
in ? da$s!-Section ;K R( =;880
:! 'rocedure in case of contested returns
;! 4b,ections to an election return shall be submitted orall$ to the
chairman of the board of canvassers at the time the return is
resented for inclusion in the canvass and shall be entered in the
form for written ob,ection-Sec .< -a0 and -c0#R( =;880
a! (n ob,ection made after the canvass is late!-Auiao vs
Gcomelec#;?= S)R( ?L8#6avarro vs )45ELE)#..I S)R( LK80
b! a etition for correction of the statement of votes ma$ be fled
after the roclamation of the winner# although no ob,ection was
made during the canvass# as error was discovered onl$ after the
etitioner got a co$ of the statement of votes! -Duremdes vs!
)45ELE)#;=I S)R( =@80! "t must be fled not later than L da$s
after the roclamation!-Section L-b0# Rule .= of )45ELE) rules of
rocedure0
3owever# the fve+da$ deadline is not alicable to a etition for
the annulment of roclamation of a candidate when it was his
oonent who obtained the ma,orit$ for what was corrected was
not the entries but the comutation of the votes! -5entang vs!
)45ELE)#..K S)R( 8880
Mnder the )45ELE) Rules of rocedure# a etition for correction of
the certifcate of canvass ma$ be fled even before the
roclamation of the winner! -:ince vs! )omelec#.@. S)R(.=?0 (
etition for correction of manifest errors in the statement of votes
can be decided b$ the )45ELE) en banc at the frst instance#
since it does not involve an election rotest or a re+roclamation
case -Ramirez vs! )45ELE)#.=< S)R( LK<0
1he )45ELE) has the ower to order the correction of the
statement of votes to ma*e it conform to the election returns!
-)astroma$or vs! )45ELE)#.L< S)R( .KI0
.! 1he canvass of an$ contested return shall be deferred and the
board of canvasser shall roceed to canvass the uncontested
return -Section .<-b0#R( =;880
?! Nithin .@ hours# the ob,ecting art$ shall submit evidence in
suort of the ob,ections!
@! Nithin .@ hours after resentation of the ob,ection# a art$ ma$
fle a written oosition and attach the suorting evidence!
-Section .<c# R( =;880
L! 1he board of canvassers shall summaril$ rule in the contested
returns -Section .<-d0#R( =;880
8! ( art$ who intends to aeal should immediatel$ inform the
board of canvassers! Nithin .@ hours he must fle a written and
verifed notice of aeal with the board of canvassers and ta*e his
aeal to the )45ELE) within L da$s! -section .<-f0#R( =;880
a! (ellate ,urisdiction
1he R1) has 64 ,urisdiction to review the decision of the municial
board of canvassers to correct a certifcate of canvass!-)abanero
vs )(0
1he R1) has no ,urisdiction to comel the municial board of
canvassers# which susended the roclamation because of a
ossible discreanc$ in the election return# to ma*e a
roclamation! -"n re )45ELE) Resolution no!.L.;#.?@ S)R( ;0
b! 'eriod of aeal
Since the roclamation of a candidate who fnished second made
after the candidate who got the highest number of votes was *illed
is atentl$ void# a late aeal should be allowed! -:enito vs!
))45ELLE)#.?L S)R(S @?80
1he )45ELE) cannot b$ regulation shorten the eriod to question
its decision before the S) for under the )onstitution the eriod of
?< da$s can be shortened b$ law onl$!-Sardea vs! )45ELLE)#..L
S)R( ?=@0
=! 1he )45ELE) shall decide the aeal within = da$s from receit
of the records# and the decision shall be e&ecutor$ after = da$s
from receit b$ the losing art$! -Sections ;I and .<-f0# R( =;880
1ER5"6(1"46 42 'RE+'R4)L(5(1"46 )(SE
4nce a roclamation has been made# the re+roclamation case is
no longer viable and should be dismissed -Sardea vs! )45ELE)0!
3owever this rule resuoses the roclamation is valid! "t does
not al$ if the roclamation is void# because it was based on
incomlete returns!-5atalam vs! )45ELE) .=; S)R( =??0! 1he
same holds true if the returns were manufactured! -(gba$ani vs!
)45ELE)#;I8 S)R( @8@0! 1he same hols true where the
comutation of votes was erroneous! -5entang vs! )45ELE)#..K
S)R( 88K0
(ll re+roclamation cases ending before the )45ELE) shall be
terminated at the beginning of the term of the o%ce -noon of Oune
?<0 involved# and the rulings of the board of canvassers shall be
deemed a%rmed# without re,udice to the fling of an election
rotest b$ the aggrieved art$! -'enaVorida vs! )45ELE)#.I.
S)R( .@; (nd :arroso vs (mig#?.I S)R( L?<0
1he re+roclamation case should no longer be decided if e&clusion
of the questioned election return will not change the result of the
election! -5atalam vss! )45ELE)#.=; S)R( =??0
E22E)1 42 2"L"6A (6 ELE)1"46 'R41ES1#7M4 N(RR(614
;! (s a general rule# the fling of an election rotest or a etition
for quo warranto recludes the subsequent fling of a re+
roclamation controvers$# or amounts to the abandonment of one
earlier fled! -5aruhom vs! )45ELE)#??; S)R( @=?0
.! 1he fling of an election rotest results in abandonment of a re+
roclamation case even if the rotest alleged it was fled as a
recautionar$ measure# if he did not e&lain wh$!-Laodenio vs!
)45ELE)#.=8 S)R( @<L0
?! 1he rule that the fling of a rotest imlies abandonment of the
re+roclamation case does not al$ if:
i! 1he rotest was fled as a recautionar$ measure -5itmug vs!
)45ELE)#.?< S)R( L@0
ii! 1he board of canvassers was imroerl$ constituted# as when
the 5unicial 1reasurer too* over the canvassing without having
been designated! -Saman vs! )45ELE)#..@ S)R( 8?;0
)461"6M(6)E 42 13E )(SE
"f the etition aears meritorious on the basis of the evidence
resented so far# the )45ELE) or the S) ma$ order the case to
continue! -Section ;8# R( =;880
'R4)L(5(1"46
;! 1he :oard of )anvassers shall not ma*e an$ roclamation
without an$ authorization from the )45ELE) -Oamil vs
)45ELE)#.I? S)R( ?@K0
.! 'roclamation ma$ be made if the contested returns will not
adversel$ afect the results of the elections! -Section .< -i0# R(
=;880
?! 1he )45ELE) ma$ order the roclamation of other winning
candidates whose election will not be afected b$ the re+
roclamation case! -Section .;# R( =;880
@! ( candidate for ma$or who fnished second cannot be
roclaimed siml$ because the candidate who received the highest
number of votes died# since he was not the choice of the eole!
-:enito vs! )45ELE)# .???L S)R( @?80
L! 1he wreath of victor$ cannot be transferred from the disqualifed
winner to the reudiated loser because the law then as now onl$
authorizes a declaration of election in favor of the erson who has
obtained a luralit$ of votes to be declared elected! -Sunga vs!
)45ELE)#.II S)R( =80
(66ML5E61 42 'R4)L(5(1"46
;! 1he )45ELE) can annul a roclamation because of an error in
the comutation of the votes in the statement of votes since the
roclamation is void!-1orres vs! )45ELE)#.=< S)R( LI?0
.! Nhere the )45ELE)# without rior notice and hearing# annulled
the roclamation of a winning art$ and directed the 5unicial
:oard of )anvassers to reconvene and efect corrections in the
total number of votes received b$ the candidates and thereafter
roclaim the winner# the e&edient action to ta*e is to direct the
5unicial :oard of )anvassers to reconvene and! after notice and
hearing in accordance with rule .=# section = of the )45ELE)
Rules of 'rocedure# to efect the necessar$ correction# if an$# in the
election returns and# on the basis thereof# roclaim the winning
candidate or candidates as members of the Sangguniang
:a$an- (ngelia vs! )45ELE)#??. S)R( =L=0
?! "t is imroer for the )45ELE) to annul the roclamation of a
winning candidate on the basis of new and additional evidence
which were not resented before the :oard of )anvasssers and
which were not furnished to the said candidateR Reliance should
not be laced on mere a%davits for the urose of annulling a
winning candidateQs roclamation! -/ela$o vs! )45ELE)# ?.= S)R(
=;?0
@! ( roclamation subsequentl$ declared void is no roclamation at
all and while a roclaimed candidate ma$ assume o%ce on the
strength of the roclamation of the :oard of )anvassers he is onl$
a resumtive winner who assumes o%ce sub,ect to the fnal
outcome of the election rotest! -Lonzanida vs! )45ELE)# ?;; SR(
8<.0
ELE)1"46 )461ES1S
(! Ourisdiction
;0 Sureme )ourt -'residential Electoral 1ribunal0
;!
9 'resident
9 /ice+'resident - Sec! @# (rt /""# 'hil! )onst0
.0 Senate Electoral tribunal
9 Senators -Sec ;=# (rt /"# ')0
?0 3ouse of Reresentatives Electoral 1ribunal
9 )ongressmen - Sec ;=# (rt /"# ')B Sama$an vs! Daza# .;? S)R(
I<=0
@0 )ommission on Elections
9 Regional 4%cials
9 'rovincial 4%cials
9 )it$ 4%cials - Sec .-.0! (rt "F+)# ')B Sec .@K :' II;0
L0 Regional 1rial )ourt
9 5unicial 4%cials - Sec .-.0# (rt "F+)# ')B Sec .L;# :' II;#
'aanda$an vs! )45ELE) # .?< S)R( @8K0
80 5etroolitan 1rial )ourt# 5unicial )ircuit 1rial )ourt# and
5unicial 1rial )ourt
9 :aranga$ 4%cials S Sec .-.0# (rt "F+)# ')B Sec .L. :' II;B
Regatcho vs! )leto# ;.8 S)R( ?@.T
9 Sangguniang Jabataan - Sec ;# R( =;880
:! (ction which ma$ be fled
i! Election 'rotest
Requisites:
i! 5ust be fled b$ an$ candidate who has fled a certifcate of
candidac$ and has been voted uon for the same o%ce!
ii! 4n ground of fraud# terrorism# irregularities or illegal acts
committed before# during or after the casting and counting of
votes
iii! Nithin ;< da$s from the roclamation of the results of the
election!
ii! 7uo Narranto
Requisites:
i! 2iled b$ an$ registered voter in the constituenc$
ii! 4n grounds of ineligibilit$ or dislo$alt$ to the Reublic of the
'hiliines
iii! Nithin ;< da$s from the roclamation of the results of the
election
) 'rocedure
;! 'eriod of fling contest
a! 'eriods
i! 'resident and /ice+'resident
;0 'rotest+ ?< da$s - Rule ;@# Rules of 'residential Electoral
1ribunal0
.0 7uo Narranto+ ;< da$s - Rule ;L# Rules of 'residential Electoral
1ribunal0
ii! Senators
;0 'rotest ;L da$s - Rule ;@# Revised Rules of Senate Electoral
1ribunal0
.0 7uo Narranto ;< da$s - Rule ;L# Revised Rules of Senate
Electoral 1ribunal0
iii! )ongressmen+ ;< da$s - Rule ;8 and ;=!;KKI Rules of 3ouse of
Reresentatives Electoral 1ribunal0
iv! Regional# rovincial and cit$ o%cials+;< da$s - Sec .L< and .L?#
:' II;B Reublic vs! Dela Rosa# .?. S)R( =I0
v! 5unicial 4%cials+ ;< da$s - Secs .L; and .L?# :' II;0
vi! :aranga$ 4%cials ;< da$s - Sec .L. and .L?# :' II;0
vii! Sangguniang Jabataan+ ;< da$s - Sec ;# R( =I<I0
b! E&cetions
i! 1he eriod to fle an election rotest or quo warranto case is
susended from the fling of a re+roclamation case until receit
of the order dismissing the case! -Sec .@I# :' II;B Aatchalian vs
)( # S)R( .<I0
ii! "f the dismissal was elevated to the Sureme )ourt # the eriod
does not run until receit of the dismissal b$ the Sureme )ourt#
because review b$ the Sureme )ourt is art of the roceeding!
-Aallardo vs Rimando# ;I= S)R( @8?0
iii! 1he running of the reglementar$ eriod to fle an election
rotest is tolled b$ a art$Qs elevation to the Sureme )ourt of a
)45ELE) decision resolution of roclamation case! - Roquero vs
)45ELE) # .IK S)R( ;.<0
iv! 1he eriod to fle an election rotest is susended b$ the fling
of the etition to annul the roclamation of the winner -5anahan
vs :ernardo# .I? S)R( L<L0
v! Since the fling of a re+roclamation case merel$ susends the
running of the eriod to fle an election rotest# onl$ the balance of
the eriod is in case of dismissal! - Roquero vs )45ELE) # .IK
S)R( ;L<0
vi! Nhere the evidence of the lac* of 2iliino citizenshi of a
rovincial o%cial was discovered onl$ ;I months after his
roclamation# the quo warranto case should be allowed even if it
fled more than ;< da$s after his roclamation! - 2rivaldo vs
)45ELE) # ;=@ S)R( .@L0
.! 'rotestant or 'etitioner
'resident and /ice+'resident
i! rotest+ )andidate with second or third highest number of votes -
Rule ;@# Rules of 'residential Electoral 1ribunal0
ii! 7uo Narranto+ an$ voter - Rule ;L# Rules of 'residential Electoral
1ribunal0
Senator
i! 'rotest+ an$ candidate - Rule ;@# Revised Rules of Senate
Electoral 1ribunal0
ii! 7uo Narranto+ an$ voter - Rule ;L# ;KKI Rules of Senate
Electoral 1ribunal0
)ongressmen
i! 'rotest+ an$ candidate
ii! 7uo Narranto+ (n$ voter - Rule ;=# ;KKI Rules of 3ouse of
Reresentatives Electoral 1ribunal0
Regional# rovincial# )it$ 4%cials
i! 'rotest+ an$ candidate - Sec .L<# :' II;0
ii! 7uo Narranto+ an$ voter - Sec .L?# :' II;0
5unicial 4%cials
i! 'rotest+ an$ candidate+ - Sec .L; # :' II;0
ii! 7uo Narranto+ an$ voter - Sec .L?# :' II;0
:aranga$ 4%cials
i! 'rotest+ an$ candidate+ - Sec .L.# :' II;0
ii! 7uo Narranto+ an$ voter - Sec .L?# : II;0
'a$ment of Doc*et 2ee
Nhen the rotestant included a claim for attorne$Qs fees in his
rotest and aid the doc*et fee for his claim for attorne$Qs fees but
did not a$ the basic doc*et fee for the election rotest # the
election rotest should be dismissed! - Aatchalian vs )(# .@L S)R(
.<I0
(llegations in 'rotest
9 (n election rotest should contain the following ,urisdictional
allegations:
9 1he rotestant is a candidate who dul$ fled a certifcate of
candidac$ and was voted for in the election
9 1he rotestee has been roclaimed elected
9 1he date of roclamation - 5iro vs )45ELE)# ;.; S)R( @880
9 (n election rotest which does not secif$ the recinct where the
alleged irregularities occurred is fatall$ defective ! -'ena vs 3RE1 #
.=< S)R( ?@<0
9 Substantial comliance is su%cient ! 1hus the following
allegations su%cientl$ coml$ with the frst requirement!
9 1he rotestant received a certain number of votes - (nis vs
)ontreras# LL 'hil K.K0
9 1he rotestant fnished second in the election - (li vs )2" of
Lanao# I< 'hil L<80
9 1he rotestant was a candidate voted for in the election with a
valid certifcate of candidac$ for ma$or - 'amania vs 'ilail# I; 'hil
.;.0
9 1he rotestant was one of the registered candidates voted for
and he received a certain number of votes - Oalandoni vs Sarcon#
K@ 'hil .880
9 1he rotestant was the o%cial candidate of a Sarticular olitical
art$ and received a certain number of votes - 5aquina$ vs :leza#
;<< S)R( =<.0
9 1he rotestant was a candidate for governor and was voted for!
- 5acias vs )45ELE)# ;I. S)R( ;?=0
9 Even if the rotest did not allege the date of the roclamation# it
can be determined from the records of the case that it was fled on
time# as when the rotest was fled on the tenth from the date the
casting of votes was held# the rotest should not be dismissed!
-5iro vs )45ELE)# ;.; S)R( @880
/erifcationG)ertifcate of (bsence of 2orum Shoing
Nhen the etioner failed to state in his verifcation that the
contents of the election rotest are true and correct of his own
ersonal *nowledge # said etition lac*s roer verifcation and
should be treated an unsigned leading and must be dismissed!
- Soller vs )45ELE)# ??K S)R( 8IL0
9 2orum Shoing e&ists when the etitioner fles multile etitions
or comlaints involving the same issues in two or more tribunal or
agencies! - Domingo vs )45ELE)# ?;? S)R( ?;;0
9 1he requirement that ever$ initial leading should contain
certifcation of absence of forum shoing alies to election cases
for )ircular 6o! <@+K@ does not distinguish - Lo$ola vs )( .@L S)R(
@==# 1amarong vs Lubguban# .8K S)R( 8.@0
9 S) (dm! )ircular 6o <@+K@ requiring a certifcation of non+forum
shoing is alicable to election cases as it is mandator$ ! "t is#
however not ,urisdictional!! 1he fling of a certifcation of absence
of forum shoing after the fling of the rotest but within the
eriod for fling a rotest is substantial comliance! - 1umarong#
sura0
9 1he strict alication of the non+forum shoing rule in election
contests would not wor* to the best interest of the arties and the
electorate ! (n election contest# unli*e an ordinar$ civil action # is
clothed with ublic interest+++ it involves not onl$ the ad,udication
of rivate and ecuniar$ interest of rival candidates but aramount
to their claims is the dee ublic concern involved and the need of
diselling the uncertaint$ over the real choice of the electorate!
- :arroso vs (mig Or# ?.I S)R( L?<0
Ooinder of Election 'rotest and 7uo Narranto )ases
9 (n election rotest and quo warranto case cannot be fled ,ointl$
in the same roceeding! 3owever# the$ can be fled searatel$!
- Luisaon vs Aarcia # AR 6o L+;<K;8# 5a$ ;<# ;KL=0! "f the$ were
,oined in an action # the$ should be ordered searated! - 'acal vs
Ramos# I; 'hil .<0
)omosition of :oard of )anvassers
9 1he illegalit$ of the comosition of the board of canvassers
cannot be raised in a quo warranto case# as onl$ the ineligibilit$ or
dislo$alt$ of the winner can be raised in such case - Samad vs
)45ELE)# ..@ S)R( 8?;0
)hange 1heor$
9 Substantial (mendments to the election rotest cannot be made
after the e&iration of the eriod for fling an election rotest!
- (rro$o vs 3RE1# ..@ S)R( ?I@0
'reliminar$ 5otions
( motion to dismiss and a motion for a bill of articulars ma$ be
fled in an election rotest ending before the regular courts# since
the )45ELE) Rules of 'rocedure are not alicable to the regular
courts because of the e&clusive rule+ma*ing ower of the Sureme
)ourt! - (ruelo vs )(# ..= S)R( ?;;0
(nswer
(n answer fle out of time cannot be admitted - Jho vs )45ELE)
.=K S)R( @8?0
Nhere the answer of the rotestee was fled out of time and a
general denial was entered in favor of the rotestee# the rule in
civil cases that general denials oerates as an admission is not
alicable - Lo$ola vs 3RE1# ..K S)R( K<0
( counter rotest cannot be allowed if the answer was fled out of
time - Lim vs )45ELE)# .I. S)R( L?0
)ash Deosit
( rotestee who fled a counterclaim for attorne$Qs fees cannot be
required to fle a cash deosit since a cash deosit is required onl$
for a counter+rotest - Roa vs "nting# .?; S)R( L=0
"n,unction
( rotestee cannot be en,oined from assuming o%ce because of
the endenc$ of an election rotest! Mntil the case is decided
against him# he has the right to assume o%ce! - )areno vs Dictado#
;8< S)R( =LK0
Substitution
a! Even if the rotestee has resigned # the rotest should continue #
as a favorable ,udgement will be entitled the rotestant to assume
the o%ce - Delos (ngeles vs Rodriguez# @8 'hil LKK0 1he same
holds true if the rotestee acceted another osition - )alvo vs
5aramba# AR 6o ;?.<8# Oanuar$ =# ;K;I0
b! "f the rotestee died# he should be substituted b$ his successor
such as the vice+ma$or - Dela /ictoria vs )45ELE)# ;KK S)R( L8;0
3e cannot be substituted b$ his heirs# since ublic o%ce cannot be
inherited! - (be,a vs 1anada# .?8 S)R( 8<0
c! "f it is the rotestant who died# he should be substituted b$ the
ublic o%cial who would have succeeded him# such as the vice+
ma$or! - De )astro vs )45ELE) .8= S)R( I<80
;@! (bandonment
( defeated candidate for resident who fled an election rotest
and ran for senator should be deemed to have abandoned the
rotest -Santiago vs Ramos# .L? S)R( LLK0
;L! Summar$ Oudgment
(n election rotest cannot be decided summarl$# as summar$
,udgment alies onl$ to ordinar$ civil action for recover$ of
mone$ -;KK S)R( @@K0
;8! 4ening of :allots
Nhen an election rotest is fled! 1he ballot bo&es should be
oened without requiring roof of irregularities# and
misareciation of ballots - 5anahan vs :ernardo# .I? S)R( L<L0
1he revision of ballots in an election rotest fled with )45ELE)
should be held in 5anila - )abagnot vs )45ELE)# .8< S)R( L<?0
;=! Deferment of )ounter 'rotest
( rotestee cannot as* that before ma*ing the revision of the
ballots involved in his counter+rotest# the court frst determine
that the rotestant would win on the basis of the revisions of the
ballots involved in the rotest -(be,a vs 1anada# .?8 S)R( 8<0
;I! )ertiorari
Mnder Sec L< of :' 8K=# the )45ELE) has ,urisdiction over
etitions for certiorari# rohibition and mandamus involving
election cases ending before the courts whose decisions are
aealabe to it - Relamagos vs )Mmba# .@? S)R( 8K<BEdding vs
)45ELE) .@8 S)R( L<.0
Nhere a etition for certiorari merel$ questioned the denial of the
motion of the rotestee for e&tension of the time to answer# the
)45ELE) cannot a%rm the decision of the merits in the election
rotest! - (costa vs )45ELE)# .K? S)R( L=I0
;K! Evidence
1he genuineness of the handwriting in the ballots can be
determined without calling handwriting e&erts! - Erni vs
)45ELE)# .@? S)R( L=I0
Mnless the original documents or certifed true coies of them
cannot be roduced or hoto+coies cannot be used as evidence
- (rro$o vs 3RE1# .@8 S)R( ?I@0
:allots cannot be e&cluded on the ground that the$ were written
b$ an$ erson or were mar*ed on the basis of mere hoto+coies#
as the$ are not the best evidence - 6azareno vs )45ELE) .=K
S)R( IK0
.<! Demurrer
( motion to dismiss for insu%cienc$ of the evidence of the
rotestant has rested is a demurrer to the evidence! "f it was
granted but reversed on aeal # the rotestee is deemed to have
the right to resent evidence - Eno,as vs )45ELE)# .I? S)R( ..K0
.;! Decision
a! authentic election return cannot be annulled because the ballots
were lost or destro$ed -(rro$o vs 3RE1 .@8 S)R( ?I@0
b! "f the winner is ineligible# the candidate who got the highest
number of votes cannot be roclaimed elected as he did not get
the ma,orit$ or luralit$ of the votes -Sunga vs )45ELE)# .II
S)R( =80
c! (ctual damages ma$ be awarded in accordance with the law
-Sec .LK# :' II;0
1he loser cannot be ordered to reimburse the winner for the
e&enses incurred in the election rotest for no law rovides for it -
(tienza vs )45ELE) .?K S)R( .KI0
d! 1he mere fact that the decision in favor of the rotestant was
reversed on aeal is not su%cient basis for the ruling that the
rotestant should be awarded attorne$Qs fees because the rotest
was fled for harassment -5alaluan vs )45ELE) .L@ S)R( ?K=0
e! Mnder Sec .8@# ar ; of :' II;# as amended # the award of
damages is no among the imosable enalties for the commission
of an$ of the election ofenses thereunder b$ an$ individual
-Regalado vs )( ?.L S)R( L;80
..! E&ecution of Oudgment 'ending (eal
:' II; and other election laws do not secifcall$ rovide for the
e&ecution ending aeal for ,udgment in election cases# unli*e
the Election )ode of ;K=;R! 1he failure of the e&tant election laws
to reroduce Sec .;I of the Election )ode of ;K=; does not mean
that the e&ecution of ,udgment ending aeal is no longer
available in election casesR!
1he Sureme )ourt has e&licitl$ recognized and given aroval to
e&ecution of ,udgment ending aeal in election cases fled under
e&isting laws! 1he rationale wh$ e&ecution ending aeal is
allowed in election cases is to give much recognition to the worth
of a trial ,udgeQs decision as that which is initiall$ ascribed b$ the
law to the roclamation b$ the board of canvassers!
Aoverned b$ Sec .# Rule ?K of the ;KK= Rules of )ivil rocedure!
E&ecution ending aeal should be based uon good reasons and
a combination of two or more of them will su%ce to grant
e&ecution ending aeal:
i! 'ublic interest involved or will of the electorate
ii! 1he shortness of the remaining ortion of the term of the
contested o%ce
iii! Length of time that the election contest has been ending
- 2erno vs )45ELE) ?.I S)R( L.0
iv! 2iling of bond as a condition for the issuance of a corresonding
writ of e&ecution to answer for the a$ment of damages which the
aggrieved art$ ma$ sufer b$ reason of the e&ecution ending
aeal -Ramos vs )45ELE) .I8 S)R( ;IK0
9 E&ecution ending aeal cannot be ordered on the basis of
gratuitous allegations that ublic interest is involved and that the
aeal is dilator$! -)amlian vs )45ELE) .=; # .=; S)R( =L=0
( motion for e&ecution ending aeal fled after the e&iration of
the eriod of aeal can no longer be granted - Relamagos vs
)umba .@? S)R( 8K<0
.?! 5otion for Reconsideration
a! 4ne motion for reconsideration is allowed in the contest
involving the following:
i! 'resident+ ;< da$s
ii! /ice+'resident+ ;< da$s - Rule 8L# Rules of 'residential Electoral
1ribunal0
iii! Senator+ ;< da$s - Rule 8@# Rules of Senate Electoral 1ribunal0
iv! )ongressmen+ ;< da$s - Rule =@# ;KKI Rules of 3RE10
v! Regional# 'rovincial and )it$ 4%cials L da$s - Sec .# Rule ;K
)45ELE) Rules of 'rocedure0
b! 6o motion for reconsideration is allowed in election contests
involving the following:
i! 5unicial o%cials -Sec .L8# :' II;B /eloria vs )45ELE)# .;;
S)R( K<=0 3owever this rule should not be alied to the dismissal
of an election rotest for failure of the counsel of the rotestant to
aear at the re+trial# since the re+trial is not alicable to the
election rotest! -'angilinan vs De 4camo# .?. S)R( 0
ii! :aranga$ 4%cials - Sec ;K# Rule ?= and Sec ;.# Rule ?I
)45ELE) Rules of 'rocedure0
iii! Sangguniang Jabataan - Sec ;K# Rule ?= and Sec ;. Rule ?I#
)45ELE) Rules of 'rocedure0
c! Since onl$ decisions of the )45ELE) en banc ma$ be elevated
to the Sureme )ourt # a art$ who did not fle for a motion for
reconsideration of a decision of a division of the )45ELE) cannot
elevate the case to the Sureme )ourt -Re$es vs R1) of 4riental
5indoro# .@@ S)R( @;0
d! ( resolution of the )45ELE) en banc is not sub,ect to
reconsideration# therefore an$ art$ who disagrees with it is to fle
a etition for certiorariunder Rule 8L of the Rules of )ivil rocedure
a motion for reconsideration of an en banc ruling# resolution#
order# or decision e&cet in election ofense cases is a rohibited
leading under the )45ELE) Rules of 'rocedure! 2or a art$ to
wait until the )45ELE) en banc denies his motion for
reconsideration would be to allow the reglementar$ eriod for fling
a etition for certiorari with the S) to run and e&ire! -(ngela vs
)45ELE) # ?.. S)R( =L=0
.@! Review
a! Ourisdiction
i! Senator+ Sureme )ourt within 8< da$s - Sec @# Rule 8L Rules of
)ourt0
ii! )ongressmen+ Sureme )ourt within 8< da$s - Lerias vs 3RE1B
Sec @# Rule 8L Rules of )ourt0
iii! Regional# rovincial# and )it$ o%cials Sureme )ourt within ?<
da$s - Sec =# (rt "F+( 'hil )onst0
iv! 5unicial 4%cials
9 )45ELE) within L da$s - Sec .. R( =;88B Sec ? Rule .. of
)45ELE) Rules of 'rocedure# Lindo vs )45ELE)# ;K@ S)R( .L0
9 Sureme )ourt + within ?< da$s - Rivera vs )45ELE) ;KK S)R(
;=I0
v! :aranga$ 4%cials
9 )45ELE) within L da$s -Sec .-.0 #(rt "F+)# 'hil )onstB Sec ?# Rule
.. )45ELE) Rules of 'rocedureB )alucag vs )45ELE) .=@ S)R(
@<L0
9 Sureme )ourt within ?< da$s - 2lores vs )45ELE) ;I@ S)R(
@I@0
b! 2orm
Nhere the aellant fled an aeal brief instead of a notice of
aeal to the )45ELE)# the aeal should not be dismissed# since
the determination of the will of the eole should not be thwarted
of technicalities -'ahilan vs 1abalba# .?< S)R( .<L0
c! 2ailure to 'a$ (ellate Doc*et 2ee
i! (n aeal ma$ be dismissed for failure of the aellant to a$
the aellate doc*et fee -Re$es vs R1) of 4riental 5indoro# .@@
S)R( @;0
ii! (n aeal ma$ be dismissed if the full aellate doc*et fee was
not aid # as a$ment of the full amount is indisensable for
erfection of the aeal -Rodillas vs )45ELE)# .@L S)R( =<.0
d! Scoe of (uthorit$
Errors committed b$ the trial court ma$ be considered even if the$
were not assigned as errors -(rao vs )45ELE) .;< S)R( .K<0
F"""! )R"5"6(L 422E6SES
(#! )riminal and Electorate (sects of (n Election 4fense
(n election ofense has criminal as well as electoral asects
- Sunga vs )45ELE) .II S)R( =80
;0 "ts criminal asect involves the ascertainment of the guilt or
innocence of the accused candidate li*e in an$ other criminal case#
it usuall$ entails a full+blown hearing and the quantum of roof
required to secure a conviction be$ond reasonable doubt!
.0 "ts electoral asect is a determination of whether the ofender
should be qualifed from o%ce! 1his is done through administrative
roceeding which is summar$ in character and requires onl$ a
clear reonderance of evidence!
:! Ourisdiction to tr$ the case
1he e&anded ,urisdiction of the 5unicial 1rail )ourt - R( =8K;0
does not include criminal cases involving election ofenses#
because b$ secial rovision of Sec .8I of :' II; the$ fall within
the ,urisdiction of the Regional 1rial )ourt -)45ELE) vs 6o$na$
.K. S)R( ?L@0
Mnder Sec .8I of :' II;# regional trial courts have e&clusive
,urisdiction to tr$ and decide an$ criminal action or roceeding for
violation of the )ode including those enalized b$ imrisonment
not e&ceeding 8 $ears# but e&cet those relating to the ofense of
failure to vote - Ouan vs 'eole ?.. S)R( ;.L0
)! 4fenses
;! /ote+bu$ing
a! 1he fact that at least one voter in at least .<U of the recincts
in a municialit$ # cit$ or rovince was ofered mone$ b$ the
relatives# leaders or s$mathizers of a candidate to romote his
election shall create a resumtion of consirac$ to bribe voters!
b! 1he fact that at least .<U of the recincts of the municialit$#
cit$ or rovince to which the o%ce asired for b$ the candidate is
afected b$ the ofer creates the resumtion that the candidate
and his camaign managers are involved in the consirac$!
c! (n$ erson who is guilt$ and willingl$ testifes shall be e&emt
from rosecution - Sec .I# R( 88@80
d! 1he traditional gift+giving b$ the municialit$ during )hristmas
which was done to induce voters for the ma$or does not constitute
vote+bu$ing - Lozano vs 5artinez# .IL S)R( .L80
.! (ointment of 6ew Emlo$ees
1he rohibition against aointment of a government emlo$ee
within @L da$s before regular election refers to ositions covered
b$ the civil service and does not al$ to the relacement of a
councilor who died - 4ng vd 5artinez# ;II S)R( I?<0
?! Mnauthorized Entr$ into 'olling 'lace
5ere resence of unauthorized erson inside a olling lace is an
ofense - )45ELE) vs Romillo# ;LI S)R( =;80
@! 1ransfers of Aovernment Emlo$ees
Since the 4mnibus Election )ode does not er se rohibit the
transfer of government emlo$ees during the election eriod but
onl$ enalizes such transfers made without the rior aroval of
the )45ELE) in accordance with the imlementing regulations#
the transfer of government emlo$ees before the ublication of
the imlementing regulations is not an election ofense! - 'eole vs
Re$es# .@= S)R( ?.I0
1wo elements of the ofense rescribed under Sec .8; -h0 of :'
II;# as amended are:
-;0 a ublic o%cer or emlo$ee is transferred or detailed within the
election eriod as f&ed b$ the )45ELE)# and
-.0 the transfer or detail was efected without rior aroval of the
)45ELE) in accordance with its imlementing rules and
regulations -Regalado vs )( ?.L S)R( L;80
L! )arr$ing Deadl$ Neaon in 'recinct
1o suort a conviction carr$ing a deadl$ weaon inside a recinct#
it is necessar$ that the deadl$ weaon be seized from the accused
while he was in recinct -5aala vs 5unoz .@< S)R( 8<<0
8! 2ailure to ma*e 'roclamation
'roclaiming a losing candidate instead of the winner also
constitutes failure to ma*e a roclamation -(gu,etas vs )( .8;
S)R( ;=0
=! Refusing to credit candidate with vote
Mnder section .=-b0 of R( 88@8# two act not one# are enalized i!e#
frst# the tamering# increasing or decreasing of votes received b$
a candidate in an$ election# and second# the refusal# after roer
verifcation and hearing to credit the correct votes or deduct such
tamered votes!-'imentel vs! )45ELE)#.IK S)R( LI80
D! 'rosecution
;! Section .-80#(rt "F+) C2ile# uon a verifed comlaint# or on its
own initiative# etitions in court for inclusion or e&clusion of votersB
investigate and# where aroriate# rosecute cases of violations
of election laws# including acts or omissions constituting election
frauds# ofenses# and malractices!D
1he )45ELE) has e&clusive ,urisdiction to conduct reliminar$
investigation of and rosecute election ofenses -6aldaza vs!
Lavilles#.L@ S)R( .I80
.! 1his holds true even if the ofense is committed b$ a ublic
o%cer in relation to his o%ce!-)oruz vs! 1anodba$an# ;@K S)R(
..I;0
?! Nhatever initiated motu roio or fled with the )45ELE) b$
an$ other art$# the comlaint shall be referred to the )45ELE)
Law Deartment for investigation!! 1he )45ELE) )hairman# in his
ersonal caacit$ ma$ fle directl$ with the )45ELE) Law
Deartment ursuant to Section @# Rule ?@ of the )45ELE) Rules
of 'rocedure! 6o requirement in section L that onl$ the )45ELE)
en banc ma$ refer a comlaint to the Law Deartment for
investigation nor is there a rule against the )45ELE) )hairman
directing the conduct of a reliminar$ investigation# even if he
himself were the comlainant in his rivate caacit$R Nhere the
comlaint was directl$ fled with the Law Deartment under
Section @ of Rule ?. of the )45ELE) RMLES of 'rocedure obviousl$
there is no need to refer such comlaint to the same Law
DeartmentR Mnder Section L of Rule ?@ of the )45ELE) Rules of
'rocedure# the reliminar$ investigation ma$ be delegated to an$
of those o%cials secifed in the rule uon the direction of the
)45ELE) )hairman -Laurel vs! 'residing Oudge# R1) 5anila :r ;<#
?.? S)R( ==I0
@! ( rovincial election suervisor authorized to conduct a
reliminar$ investigation ma$ fle a case without need of aroval
of the rovincial rosecutor! -'! /s! "nting#;I= S)R( =II0
1he )45ELE) can deutize rosecutors to investigate and
rosecute ofenses even after election! -'! /s! :asilla#;=K S)R(
I=0
Since it is a reliminar$ investigation# it is the )45ELE) who will
determine the e&istence of robable cause# the comlainant
cannot as* it to gather evidence in suort of the comlaint!
-Jilosba$an "nc vs! )45ELE)#.I< S)R( IK.<
1he court in which a criminal case was fled ma$ order the
)45ELE) to order a reinvestigation! -'! /s! Delgado# ;IK S)R(
=;L0
( rosecutor who was deutized b$ the )45ELE) cannot oose
the aeal fled b$ the )45ELE) from the dismissal of a case#
since the ower to rosecute election ofenses is vested in the
)45ELE)!-)45ELE) vs! Ssilva#.I8 S)R( ;==0