Election Law Reviewer

ELECTIONS
LAW TRANSCRIPT A: COMELEC does have the power to reshuffle. Note that no
Atty. Agra election officer can stay in one place for 4 years.
However, non-‐lawyers are generally not allowed.
SESSION 1 In the provincial level, as well as cities and capital towns,
only lawyers would be allowed.
Q: The President appoints you (a law student, 23 years Generally, in other towns, officers should also be lawyers.
old) as acting COMELEC commissioner. Are you HOWEVER, if there are no members of the lawyers
qualified? available for appointment as election registrar, graduates of
duly recognized schools of law, liberal arts, education or
A: NO, I am not qualified under the Constitution. I have to business administration who possess the appropriate civil
be at least 35 years old. Also, there can be no acting or service eligibility may be appointed to said position.
temporary COMELEC commissioner.
Q: COMELEC ruled that you are not a resident of your
Q: The COMELEC Chairman transfers one head to locality and you cannot vote.
another department & the COMELEC Chariman files a
petition to SC without the consent of COMELEC en banc. A: This is NOT allowed because COMELEC cannot rule on
the right to vote or that you are not a resident of your
A: For the transfer, what the COMELEC Chairman did is locality, based on the Constitution.
allowed. What he did was administrative in nature. SC has
said that the COMELEC chairman is the head of agency over Q: COMELEC issues resolution providing for appeals of
administrative concerns. MTC over suffrage issues, particularly, whether or not
For the petition, this cannot be done. This would stem from voters are to be included/excluded in the Voter’s Lists.
a decision of COMELEC en banc, which is quasi-‐judicial in Also, COMELEC authorizes itself to file, on its own,
nature. Thus, COMELEC en banc should have concurred inclusion/exclusion cases.
first.
A: With regard to filing its own inclusion and exclusion,
Q: COMELEC plans to reshuffle regional officers and COMELEC’s power to file cases motu propio is provided for
appoint non-‐lawyers as provincial election supervisors. in the Constitution, thus it may have jurisdiction to file
cases involving inclusion/exclusion. However, COMELEC
has no original or appellate jurisdiction but they have no
Combined Compilations of Ancheta, Avanceña, Borja, Dominguez, Gaw, Valencia | Block C 2018 | 1
appellate jurisdiction over cases involving suffrage; thus it Q: COMELEC Resolution issues a resolution stating that
would not be empowered to provide for appeals of MTC all parties must file at COMELEC division level at first
decisions which involve suffrage. instance, in ALL CASES. Is that valid?

Q: COMELEC calls for general system of registration; it A: NO. If it’s an administrative case, the case will fall under
decided that the application for registration would not the jurisdiction of COMELEC en banc. Where COMELEC is
be done daily. exercising its quasi-‐judicial functions, then the case first is
filed in COMELEC division.
A: On the issue of not making the registration daily,
COMELEC is required to make the registration daily; thus, Q: COMELEC used its savings to budget recall elections
this is not allowed. Under RA 8489 it should be a because its annual budget was insufficient. Valid?
CONTINUING SYSTEM; and COMELEC must allow
applications to be received on DAILY BASIS. A: Yes. First, COMELEC enjoys fiscal autonomy. Second,
recall need not have supplementary legislation, because
Q: COMELEC will not allow those without bio datas to recall is the constitutional mandate of COMELEC. This has
vote. been affirmed by case law.

A: COMELEC can do this. There is a Biometrics law which Q: COMELEC, in allocating seats for the party list
COMELEC follows. Furthermore, Biometrics give us system, declares that its resolution is not subject for
HOPE—honest, orderly, and peaceful elections. judicial review, and that its factual findings are final
and not reviewable. Is this a valid pronouncement?
Q: COMELEC advances a decision to the en banc for MR
in 5 days. The candidate says this period is too short. Is A: The “not subject to judicial review” portion is not a valid
the candidate correct? pronouncement. All resolutions of COMELEC are subject to
review. Administrative agencies cannot divest the SC of its
A: NO. COMELEC has the power to do this; this is constitutional power.
constitutional and statutory. However, it would not be As for the factual findings, though the general rule is that
allowed if it were unreasonable. Note that COMELEC cannot findings of fact of administrative agencies are conclusive,
be straightjacketed by procedural rules. there are still exceptions, such as when there is grave abuse
of discretion amounting to lack or excess of jurisdiction.
A: This is NOT allowed under the Constitution. COMELEC
Q: RTC takes cognizance of an election protest against has exclusive jurisdiction over plebiscites, among others
city and municipal mayors. (elections, plebiscites, initiative, referendum and recall).
RTC cannot assume this.
A: COMELEC, not RTC, has appellate jurisdiction over MTC
decisions involving barangay and municipal officials; RTC Q: Presidential candidate questions jurisdiction of
does NOT have jurisdiction over the case of a municipal COMELEC over disqualification case against him
mayor. Furthermore, it is COMELEC which has original because PET has jurisdiction. Is it true that ALL
exclusive jurisdiction over Regional, Provincial and City disqualification cases prior to proclamation are
officials. cognizable by COMELEC?

Q: COMELEC division ruled on an issue of A: YES. As a general rule, it is the COMELEC division has
postponement and issued a subpoena, contempt, jurisdiction over ALL disqualification cases against
search warrant on a postponement case. candidates, prior to proclamation.
After proclamation, however, it will depend on the position
A: First, COMELEC division had no jurisdiction because involved. Here, it is PET that would have jurisdiction.
issue of postponement is administrative In relation to COMELEC’s jurisdiction, one must take note of
Second, for the subpoena, the law provides no three assumptions:
qualifications; COMELEC can do it. 1) There has been a proclamation, which must be valid;
Third, for the search warrants, COMELEC can do it because 2) The official has taken his oath; &
it is expressly provided for in the law. 3) The official started to assume office already (June
Fourth, for the contempt powers, COMELEC en band only 30, 12 noon).
has contempt powers in relation to its exercise of JUDICIAL When these three assumptions have taken place in relation
powers; thus, COMELEC only has contempt powers in its to positions such as the President, Vice President and
exercise of its appellate jurisdiction over an appeal of a case Senators, COMELEC is already divested of jurisdiction.
from a lower court (i.e., COMELEC division)
Q: President pardons former President Erap without
Q: RTC takes cognizance of plebiscite protest case. favorable COMELEC recommendation.
Plebiscite is initiative or referendum.

A: VALID because pardon was not in relation to election
offense. Q: What kind of paper will be used by COMELEC?

Q: COMELEC denies application of Iglesia ni Kristo as A: 30 copies of election forms will be printed.
political party.
Q: What should we expect to get from COMELEC early
A: This is valid, because religious groups not allowed as April this year?
political parties.
A: The COMELEC should send the unfilled official sample
Q: In the situation above, how about if they are just ballots to all of us.
INSPIRED by the teachings?
Q: President withholds approval of COMELEC
A: This is allowed; the political party will be validly formed. deputization of AFP for elections.

Q: COMELEC did not receive COC of Mayor Duterte since A: VALID. COMELEC cannot deputize without President’s
it believes substitution is invalid. concurrence, as provided by the Constitution.

A: COMELEC must receive the COC. The duty of COMELEC Q: CONGRESS mandates a two-‐party system.
with regard to the COC is ministerial and not discretionary.
It CAN CANCEL later on. A: Congress CANNOT. There must be a FREE AND OPEN
party system.
Q: Can COMELEC provide for paperless, ballotless and
paperless consolidation of results? SESSION 2

A: Voting/casting CAN be ballot-‐less. But the consolidation Q: RTC convicts a person based on a presidential
of results has to be papered. decree that criminalizes failure to register and failure
The Automated Elections Law states that COMELEC can to vote.
provide for a system of voting provided there is secrecy.
But for consolidation/canvassing, it cannot be done in A: Suffrage and registration are rights, not obligations.
secret & there must be a paper trail. During the Martial Law era, it was an obligation to vote.
Now, the right to vote is found in the Constitution, therefore physical, not legal, presence. As long as you are physically
the PD is unconstitutional. residing in that area for the required amount of time, you
can vote.
Q: Can Congress alter the list of qualification of voters?
Q: How many members are there in the Election
A: No. The list of qualifications under the 1987 Constitution Registration Board?
is exclusive.
A: 3.
Q: When is the reckoning period for qualifications?
Q: ERB denies an application filed on October 1, 2015
A: On the election day itself. on the ground that an applicant was not of age.

Q: COMELEC can ban a person from voting and from A: Whether or not this is allowed will depend on whether
vying for elective office if she does not possess the the applicant would have met the age requirement on the
qualifications for voting. election date itself.

A: With regard to voting, the COMELEC has no jurisdiction Q: Right to register vs. the right to vote.
to rule on one’s qualifications with regard to the right to
vote. With regard to running for elective office, COMELEC A: Right to vote is under the Constitution, provided the
has jurisdiction to question the qualifications of the requirements are met. Right to register is statutory, and can
candidate because what is involved here is not the exercise be availed of even if you do not have the qualifications yet
of right to vote. for as long as you meet them on the day of election itself.

Q: COMELEC in a resolution declared that urban poor Q: Imelda Marcos applied for voter’s registration in
settlers or those residing in overpasses are not eligible Tacloban. She was born in Tacloban, married an Ilocos
to vote in that area. Norte domiciliary, and resided in Metro Manila for 20
years. ERB Tacloban denied her application.
A: Not allowed. Under the 1987 Constitution, no literacy or
property requirement shall be imposed on the right of A: ERB was not correct. Imelda can register in Tacloban as
suffrage. Moreover, residency requirement refers only to this is her domicile of birth/origin, provided that she has
not abandoned her domicile. For domicile of origin, actual Q: Filipino who has a Green Card in the States
residency does not have to be proven. She can also be (permanent resident) cannot be allowed to vote.
registered in Ilocos Norte, provided that she has abandoned
her domicile of origin because according to Civil Code, you A: False. Under the Overseas Absentee Voting Act, the
can have your husband’s domicile. She can also be a Filipino can vote provided that:
registered voter in Manila because she has lived there for 1) He executes an affidavit that he will resume actual,
more than 6 months as required by the Constitution. physical, permanent residency (APPR) in the
Philippines within 3 years,
Q: Congress passes a law that disqualifies persons 2) He actually returns, and
convicted by final judgment where imprisonment is 3) He does not acquire another foreign citizenship.
more than 1 year. A voter alleges that this is a
substantive qualification disguised as a disqualification Q: Dual citizens who have not established residence
provided by law. here cannot vote.

A: Constitutional, because what happened here was not a A: False. No affidavit to return is needed (this is only
prior requirement to be qualified. It was a supervening needed for permanent residents abroad). Moreover
event that happened later on that rendered you according to jurisprudence, dual citizens are most likely
disqualified. non-‐residents and so this requirement cannot be imposed
on them.
Q: Born here, naturalized in States, COMELEC says you
must renounce your citizenship in order to exercise Q: The List of Voters and Book of Voters are one and the
right to vote. same thing.

A: COMELEC is wrong. Under the Citizenship Re-‐acquisition A: The List of Voters refers to the enumeration of names of
Act, in order to vote you must all registered voters in a precinct duly certified by the ERB
1) Take the oath of allegiance to Philippines, and for use in the election. It contains the precincts, voters, and
2) Register. their addresses. The Book of voters refers to the
There is no need to expressly renounce citizenship. compilation of all registration records in a precinct.
Contains all the application forms of the voters. (200
application forms because 200 voters per precincts)
Q: Failure to vote in two preceding elections is argued
Q: Aside from the No Bio No Boto, COMELEC adopts No to be unconstitutional as it imposes a substantive
Voter’s Registration ID, No Boto. requirement.

A: Not allowed, because two things can provide that you are A: Constitutional, because a ground for deactivation does
a voter in that precinct: 1) biometrics, and 2) list of voters. not amount to a substantive requirement. It is only
procedural. Besides, he can apply for reactivation.
Q: COMELEC defines registration as the application
before a COMELEC Division. COMELEC also allows motu Q: Seafarers or OFWs can vote for local positions.
propio filing.
A: It depends. If they are in the Philippines on day of
A: Not allowed. First, registration as defined by RA 8189 elections, they can vote for local positions. If abroad at the
refers to the filing of 1) sworn application, 2) upon day of elections, they can only vote for President, Vice-‐
approval of ERB, and 3) the application is included in the President, Senators, and Party-‐list Representatives.
Book of Voters. Second, Application must be filed not before
COMELEC Division, but before the ERB. The COMELEC, Q: COMELEC issues a Resolution saying that the list of
whether Division or En Banc, has no jurisdiction to decide voters is permanent, and that no changes can be made.
on matters involving suffrage.
A: List of voters can be made permanent BUT changes must
Q: You would rather that your friend was in the be allowed, for example, for addition/subtraction of voters,
Cancelled List than in the Deactivated List. inclusion/exclusion of voters, etc.

A: No! Those in the cancelled list are dead. The following Q: Subtraction of 200 voters in one decision. Possible?
are grounds to be placed in the deactivated list: 1)
disqualified to vote, 2) excluded from the list by the Court, A: Yes. Annulment of Book Voters.
3) failed to vote in the 2 previous national elections, 4) loss
of citizenship, 5) no biometrics (as per Biometrics Law). Q: Petition for inclusion on the ground of failure to
register.

A: Not allowed. According to statute, a petition for inclusion Q: Presidential candidate challenges the
can only be filed on the grounds of constitutionality of the statutory power of COMELEC to
1) Name is stricken out of list, or annul the Book of Voters, since this amounts to ruling
2) Application is disapproved. on the right to suffrage.

Q: MTC judge renders a decision on an exclusion cased A: Not correct. The following are the grounds to annul the
on the ground of lack of residency, based solely on non-‐ Book of Voters:
appearance of an applicant. 1) Preparation was attended by vice or fraud,
2) Improper preparation of the Book, and
A: Not correct. Non-‐appearance is prima facie evidence of 3) Contains statistically improbable data (not VOTERS,
applicant being fictitious. Residency is not established by because COMELEC has no).
non-‐appearance in trial. These grounds are procedural and have no bearing on
substantive requirements of voters.
Q: Petition for exclusion was filed before RTC on the
ground that the application for registration was denied. SESSION 3

A: RTC has no original jurisdiction, only appellate Q: Representatives of the House of Representatives are
jurisdiction, over inclusion/exclusion cases. Also, what national officials.
should have been filed before the MTC was a petition for
inclusion. A: Not necessarily. District representatives are national
officials, locally elected. Party-‐list representatives are
Q: The Supreme Court is the third level of review of national officials, nationally elected.
inclusion cases.
Q: On May 9, 2016, all elected positions will be filled up.
A: No. Under RA 8189, the SC is the second level of review
(first level is RTC) and only in cases involving pure A: For the first time, ARMM elections will be synchronized
questions of law. If it is a mixed question of law and fact, go with national elections. This does not include 12 of the
to the Court of Appeals (it is only in this case that the SC is Senators, and the Barangay Officials.
the third level of review).

Q: Are all qualifications found for elective officials in Q: All candidates must be natural-‐born citizens, and
the Constitution? must be above 23 years of age on election day.

A: No. For local positions, the qualifications are provided A: False. For national and ARMM officials, they must be
for by Statute. This means that Congress can add/subtract natural-‐born. This is not required for other local officials.
qualifications for them, pursuant to its plenary powers. As for age requirement, 21 for governor. vice governor,
mayor, vice mayor, barangay SK requirement is 18 to 24.
Q: Grace Poe is ______ (defend your answer). (See Agra Matrix)

A: If qualified: Grace Poe is a natural-‐born citizen, as Q: Congress amends the LGC and provides that the
foundlings are entitled to a citizenship (social justice). provincial governor must be a college graduate, an
Moreover, Grace Poe renounced her foreign citizenship and appointee of the President, for a 4 year term.
pursuant to the Nicolas-‐Lewis case, she has reacquired her
national-‐born status. A: For the college graduate requirement, it is allowed
because qualifications are provided by statute.
If not qualified: Grace Poe is not a natural-‐born citizen. She For the appointive requirement, it is also allowed because
is a foundling, and the 1987 Constitution is silent on the Congress can determine who are the elected or appointed
citizenship of foundlings. Moreover, she has been using her local officials.
American passport. For the term requirement, IT DEPENDS. If appointive, then
it is allowed. But for locally elected officials, there is a 3-‐
Q: Congress can require that a voter and a candidate for year term limit provided by the Constitution.
all elected officers must be literate.
Q: The Comprehensive Dangerous Drugs Act provides
A: For national candidates, it is true because under the that all candidates for office, whether appointive or
1987 Constitution must be able to read and write. For local elective, shall undergo mandatory drug test.
candidates, it is also true because their qualifications are
provided by law. However, for voters, no literacy A: For nationally elected positions, this is not allowed
requirement shall be imposed on the right to vote. because the Constitution provides an exclusive list of
qualifications. However, for locally elected positions, a
mandatory drug test can be allowed. However, it might be Q: A person who became a district representative in
argued to violate the right to privacy. 2009 brought about by special elections due to the
death of the former district representative. He ran and
Q: All mayors must be lawyers. won in 2010, and in 2013 as well. Can he run for the
2016 elections?
A: The Constitution is silent on the matter. But this might be
unreasonable. A: No. For national officials, serving an unexpired term is
considered a term because term is fixed by law, as opposed
Q: For the elections of the President and Vice President, to tenure. For local officials, however, jurisprudence says
the winner must obtain majority votes. If not, there will that you must serve the full three years to be considered as
be run off elections between the two. having served a term.

A: The Philippines does not follow majority system, but Q: Congress can provide a party list system in electing
rather a plurality system (highest number of votes). There city councilors.
are three accepted formulae in the world: plurality,
majority, and proportional representation. A: Yes, the Congress can change the system of electing city
councilors from plurality to proportional representation,
Q: Senators can be elected using electoral colleges, like because the election of local officials is provided by statute.
the system in the U.S.
Q: There are 55 party list seats in 2016.
A: Not allowed. Senators are elected at large. This means
they are elected by registered voters nationally. The top 12 A: False. First, the number of district representatives this
senators will win. 2016 will be 235. Second, according to the formula for the
number of part list seats [(number of district rep
Q: A vote for the Chief Executive at the national and seats/0.80)*0.20], there should be 58.75, or rounding up,
local levels is a vote for the Vice Chief Executive. 59 party list seats. (no round off rule is only for the actual
allocation of seats to nominees)
A: This is only true for the ARMM.
Q: All parties participating under the party-‐list system
must have a constituency in the majority of local
governments and must represent any of the sectors Q: A party list organization which obtains 10% of the
enumerated. second vote shall be entitled to 5 seats.

A: Both false. For the first part, there are three kinds of A: False. Under the law, a party list organization can only
parties: national, regional, and sectoral parties. Majority obtain up to 3 seats maximum.
presence (based on track record) is only required for the
national and regional parties. For the sectoral parties, Q: 3 party list organizations can have 3 seats each, and
majority presence is not required (no track record a party which obtains less than 2% votes is not entitled
necessary). to a seat.
For the second part, under case law, the list of sectors
provided by law is not exclusive (e.g., case law on LGBT). A: For the first part, under case law only one party can have
3 seats. For the second part, under case law again, even if
Q: You can represent the differently-‐abled sector. the party list organization received less than 2% votes, can
be entitled to one of the “additional seats.” In that case, it
A: Allowed. There are two kinds of membership for party was decided that the 2% minimum, with regard to the
lists: organic and synthetic. For as long as I have a proven additional seats, is unconstitutional as this prevented all
track record in advocating for the special interests of that the seats from being filled up contrary to the principle
sector (synthetic), even if I am not an actual member of said under the party list system of obtaining the broadest
sector (organic). representation.

Q: A party-‐list organization registered in 2009, but did Q: Does the 3 term limit for district representatives
not participate in the 2010 elections and failed to get apply to nominees? Argument: We are not electing the
2% in the 2013 elections. Can it participate in 2016? nominees, but the parties.

A: The party can run. The grounds for disqualification are A: Yes. According to case law, we are indirectly choosing
separate. One is not participating in the past two preceding the nominees through the parties. So the three term limit
elections. The other is failing to get 2% of the votes in the must apply to them as well.
past two preceding elections. Under case law, you cannot
combine the grounds. SESSION 4 + 5

Q: Suffrage and seeking elective office are both withdrawal because the deadline for that was last
constitutional rights. December)

A: Suffrage is a constitutional right. Seeking elective office is Q: A woman candidate is married. What name will
a privilege that may be limited by law (it is not an appear on the ballot?
enforceable right).
A: The woman has three options (assuming it complies with
Q: I can run for President, Governor, and Party-‐List the 30-‐character limit:
Representative at the same time. 1) Maiden name, name (political party’s acronym)
2) Spouse’s last name, name (political party’s
A: No. According to the Omnibus Election Code, a candidate acronym), and
can only run for one office. Otherwise, if he runs for more 3) Spouse’s last name-‐maiden name, name (political
than one office, he will not be eligible for any of positions, party’s acronym).
unless he withdraws the other filings for candidacy before
the end of the period for filing of Certificate of Candidacy. Q: There are no candidates today (Feb. 11, 2016).

Q: Mayor Duterte and Rep. Abby Binay are still the A: False. While there are no locally-‐elected candidates
Davao Mayor and Rep of Makati, respectively. today, there are nationally-‐elected candidates. Under OEC, a
candidate is one who
A: Yes. According to case law, elective officials who run for 1) Seeks public office,
office are not ipso facto resigned from their posts. Sec. 67 of 2) Files for a certificate of candidacy, and
the OEC has already been expressly repealed. 3) Campaign period has started.
As of Feb. 9, 2016 (90 days before elections), campaign
Q: DOTC Secretary Jun Abaya can still run for Governor period has begun for national candidates. In short, there
of Cavite in the May 2016 elections. are national candidates, but no local candidates as of yet
(campaign period begins March 25, 2016 for them, or 45
A: Abaya can still run, provided that: 1) he substitutes a days before election day)
candidate, 2) and the original candidate belongs to the
same political party, and 3) the original candidate either *Note: Under COMELEC Resolution No. 10049, a candidate
died or is disqualified (can no longer substitute if is one who 1) seeks public office, 2) files for a certificate of
candidacy, and 2) has not died, withdrawn, or been There are other captions such as Petition to Deny Due
disqualified before campaign period has started. Course/Petition for Cancellation of Certificate of Candidacy,
filed only for material misrepresentation.
Q: The enumeration of entries for a certificate of a
candidacy under Section 74 of OEC, and Section 4 of Finally there is the Petition to Declare a Candidate a
COMELEC Resolution No. 9984 are all material entries. Nuisance Candidate.

A: No. Material representation refers only to the Q: A Petition to Deny Due Course/Petition for
qualifications and disqualifications of a candidate. Only Cancellation of Certificate of Candidacy was the correct
citizenship, residency, age, literacy, and being a registered pleading to file against Grace Poe and Martin Diño.
voter are material. The other entries (i.e., profession,
nickname, place of birth) are merely formal. A: For Grace Poe, it is correct because she was alleged to
have committed a material misrepresentation with regard
Q: Immediately after the filing of COCs, the person filing to the length of her residency. For Martin Diño, it is
can start asking people to vote for him. incorrect as the misrepresentation, which involved filing
for both President and Mayor of Pasay, was not material.
A: No. There is an interim period between the final day of
filing for COCs and the campaign period. In Penera v. Q: Candidate X is charged with libel. It carries with it
COMELEC, the Supreme Court reversed itself in a Motion for the penalty of deprivation of political rights. There is
Reconsideration and held that unlawful acts or omissions final judgment. In applying, he said he had no
related to elections can only be committed at the start of disqualification though. A Petition to Cancel Certificate
the campaign period. of Candidacy is filed against X. Is this proper?

Q: A Petition to Disqualify a Candidate is the caption for A: Yes. Libel carries with it the ancillary penalty of
all disqualification cases. deprivation of political rights. Therefore, X misrepresented
that he had no disqualification at the time of filing his
A: No. A Petition to Disqualify a Candidate is filed only for: certificate of candidacy.
1) to question qualifications under Constitution or statute,
and 2) commission of an election offence.

Q: In a Petition to Disqualify a candidate on the ground Q: A candidate has been pardoned. In the dispositive
of election offense, the COMELEC Division can portion of the pardon, it says that he is restored to all
determine probable cause. civil and political rights, except the right to run for
elective office.
A: Yes. For commission of an election offense, there are two
options: A: He will NOT be allowed to run for elective office
1) Electoral aspect: file for disqualification of a anymore. This scenario must be distinguished from ERAP’s
candidate, for which COMELEC Division has case. For Erap, when he was pardoned by GMA, the
jurisdiction at the first instance (not en banc prohibition on running for elective office was found in the
because this is a quasi-‐judicial function), and whereas clause, and stated: Whereas, Joseph Ejercito
2) Criminal aspect: file an election offense case where Estrada has publicly committed to no longer seek any
COMELEC En Banc can determine probably cause elective position or office. The dispositive portion stated
and file an information (because it is that he was restored to his civil and political rights. Thus, it
administrative). was ruled that Estrada was actually restored his full rights,
and could run for mayor of Manila.
Q: A Filipino who acquired permanent residency in the
US in February 2014 can validly run in the forthcoming Q: The incumbent Governor of Laguna can run for
elections for district representative. Mayor of Parañaque in the 2016 elections.

A: NO. He is lacking in the residency requirement for A: This is allowed, if he transfers his voter’s registration.
district representative, which is 1 year. However, he will give up his status as registered voter of
Laguna. Thus, he will be deemed resigned from his post as
Q: The use of a foreign passport does not necessarily Governor of Laguna, because the qualifications required of
amount to a recantation/renunciation of the Oath of Governors are continuing; the candidate must possess all
Renunciation. throughout his term.

A: Yes. According to case law, the use of a foreign passport Q: Vote-‐buying and appointment of public officials
after taking the Oath of Renunciation is proof of recantation committed during the prohibited period are grounds to
of said Oath. disqualify a candidate cognizable by the COMELEC
Division at the first instance.
qualifications of the candidate) 2) deliberate intent to
A: Under Section 68 of the Omnibus Election Code, vote-‐ defraud, and 3) the candidate is NOT actually qualified.
buying is cognizable by the COMELEC Division at the first The last name of husband and profession are not “material”
instance. However, appointment of public officials during as they do not pertain to the qualifications.
the prohibited period is not a ground under Section 68, and
so it is cognizable by the RTC (file the Election Offense case Q: A candidate for district representative claims she
with Law Division, & COMELEC en banc will file can run because she will be a resident of Tacloban City
information; RTC is the court which has jurisdiction). for 7 months by election day.

Q: A Petition to Declare a Candidate a Nuisance A: It depends if the candidate is actually qualified. What
Candidate can be filed today (Feb. 11, 2016) on the matters is that you are actually qualified, not what you
grounds of lack of financial capital and poor health. represent on the certificate of candidacy.

A: No. While said grounds are valid, said petition can only Q: The proclamation of a candidate renders moot any
be filed 5 days after the last day of filing for certificate of petition to disqualify him.
candidacy.
A: No. According to case law (Gov. Ejercito of Laguna),
Q: A Petition to Disqualify a Candidate can still be filed proclamation does not bar disqualification case.
on May 9, 2016.
Q: Proclamation amounts to condonation of all liability
A: Yes. A Petition to Disqualify a Candidate can be filed any for offenses committed in the previous term.
time before proclamation.
A: No. In the case of Carpio-‐Morales v. Binay, it was held
Q: A common law wife who is not a lawyer who uses the that regardless of the liability, whether criminal or
last name of her husband and misrepresents that she is administrative, election is not a mode of condoning an
a lawyer can have her COC cancelled. offense.

A: No. In order for it to constitute material Q: I can file any of the petitions.
misrepresentation, the following have to be present: 1)
misrepresentation must be material (i.e., it refers to the
A: For the Petition to Disqualify on the ground of lack of Roxas can be substituted by Robredo, since they are from
qualifications, yes. For Petition to Disqualify on the ground the same party (LP).
of commission of election offense, yes. For the Petition to Poe is an independent candidate. There is no substitution
Deny Due Course/Cancellation of Certificate of Candidacy, for independent candidates.
yes. But for the Petition to Declare a Candidate a Nuisance
candidate can only be filed by a candidate running for the Q: In the Diño case, there was a pending case before
same office. COMELEC to declare him a nuisance candidate before
he withdrew his COC. Mayor Duterte can substitute for
Q: Certificate of Candidacy can still be filed today, even candidate Martin Diño.
on May 9, 2016.
A: Yes. If declared a nuisance with finality, substitution is
A: Yes, but only not allowed according to case law. In this case, the
1) In the case of substitution, withdrawal rendered the nuisance case moot.
2) On the grounds of death or disqualification (NOT
withdrawal, because the last day for that was Dec. Q: A candidate with a pending Disqualification case
10, 2016), and only up to the mid-‐day (12nn) of cannot be substituted.
Election Day.
A: It depends. The Supreme Court has made a distinction
Q: Presidential candidate Señeres died two days ago. between the two grounds for disqualifications:
Can he be substituted by anybody? 1) lack of qualifications, and
2) commission of an election offense. If the Petition
A: He can only be substituted by a candidate who is 1) was filed on the first ground, the candidate can no
qualified, and 2) in the same political party. longer be substituted.
(Rationale: you were never qualified at all)
Q: Binay, Roxas, Poe can be substituted by their If the Petition was filed on the second ground, the candidate
respective running mates. can still be substituted. (Rationale: once upon a time you
were qualified, but later due to a supervening fact, you
A: Binay’s running mate is Honasan, who is also in the same were rendered disqualified)
party as Binay (UNA). Thus, Binay can be substituted by
Honasan.
Q: A mayoralty candidate who withdraws his COC can the “second placer” in the elections is effectively the first
substitute a presidential candidate who also placer. In the latter case, the Vice Mayor cannot substitute.
withdraws. Also, the daughter of the mayoralty
candidate can substitute him. Q: The Speaker of the House of Representatives can
refuse to enter the name of the second placer in the roll
A: The rule (via COMELEC Resolution, THERE IS NO LAW) of members when the incumbent is declared ineligible.
before was that a person who is substituted can no longer Should there be instead special elections?
run for any other position. This was since abrogated by
COMELEC. The mayoralty candidate can substitute the A: No need to call for a special elections. If the ground is
presidential candidate provided that 1) he is qualified, and lack of qualifications, the second placer is deemed to be the
2) belongs to the same political party. In the case of the winner in the elections. The duty to enter the names in the
daughter, she can substitute provided 1) she is qualified, roll of members is ministerial, and so the Speaker can be
and 2) belongs to the same political party. compelled via mandamus.

Q: A candidate is nominated by two parties belonging SESSION 6
to the same coalition. Can he be substituted?
Q: Mayor Olivarez can campaign at the start of the
A: No, because according to COMELEC Resolution the campaign period (March 25, Good Friday) and a day
candidate is considered an independent candidate. before the campaign period.
Independent candidates cannot be substituted.
A: No to the day itself, yes to the day before. According to a
Q: The Vice-‐Mayor becomes the Mayor when the latter COMELEC Resolution, candidates cannot campaign on Good
was disqualified on two grounds: commission of an Friday. However, prior to the campaign period, he can
election offense, and being a non-‐resident. campaign because according to the Pinera case, he is not a
“candidate” before the campaigning period.
A: It depends. If the grounds for disqualification is
commission of an election offense, the rule on succession Q: Streamer that says “Happy Valentines” from a
applies. However, if the ground is lack of qualifications, case candidate. Is this a campaign material?
law says that the Mayor was “never a candidate” and that
A: Yes. Election propaganda is defined as “any matter
broadcasted, published, printed, displayed, or exhibited, in Q: A sign says “DUTERTE: Atin to Pre!” Defend him
any medium, which contain the name, image, logo, brand, against a Petition to Disqualify.
insignia, initials, and other symbols or graphic
representation that is capable of being associated with a A: Size of stickers for stickers, comics, decals is 8.5in
candidate or party, and intended to draw attention of the (width) x 14in (length). It must contain the “4 inscriptions.”
public to promote or oppose the election of a candidate. So is he guilty?

Q: Can a private person take down propaganda on his Defense:
own? 1) It was posted by a private individual,
2) These stickers were distributed prior to February 9,
A: Yes, provided it is 1) contrary to public morals, libelous, 2016 (campaign period) because prior to that time,
illegal or subversive, and 2) COMELEC allows you to there was no prohibition yet.
remove them.
Q: 3x8 campaign poster displayed outside your house
Q: Can MMDA remove a sign outside the Gesu that says along the perimeter of your fence and public utility
“Do not corrupt officials!!!”? buses. The rules say that the poster size should be 2x3
feet. Is it allowed outside your house? What can you
A: No, because it is not election propaganda (it does not display outside your house, assuming it is out of your
oppose or promote the election of a candidate). Moreover, own initiative?
it would be contrary to the freedom of expression
(Archdiocese case — team patay, team buhay) A: First, the candidate must have the permission of the
private owners of the house. If it is the owner himself or if
Q: At a waiting shed and at a multipurpose hall, printed there is permission to put up campaign materials, there can
paraphernalia was posted promoting local candidates. be put up 8.5 x 14 ft. printed materials and 2x3 ft. posters
on the fence; anything beyond these are not allowed.
A: Not allowed for the both the waiting shed and
multipurpose hall. They can only be posted at common Can you display campaign materials along the body of a
posting places, and in private property. They could be PUV? Yes. A recent SC case ruled that buses can have
therefore penalized for vandalism. campaign materials displayed on their bodies.
A: Food cannot be given 5 hours before and 5 hours after
Can you display a 3x8 streamer on the side of a bus? No. the rally. During? Not allowed as well. HOWEVER, since
The 3x8 poster size is allowed ONLY during rallies. there are no receipts, it can be argued that it was donated
to the candidate. The donation must be accepted by the
Q: Non-‐removal of said posted outside the house or on candidate via written consent. Morover, the donation must
the bus can be the basis of a petition to deny due be accounted for by the candidate.
course/cancellation of COC.
Q: A reelectionist mayor can give out basketballs with
A: Wrong. It must be a petition to disqualify. However, the his name this summer.
petition will not fly on the ground of non-‐removal of the
poster. There is only a prima facie case against him, not A: It depends. Based on the Pangkat Laguna case, it depends
conclusive yet. The material must be removed 3 days after on the intent. If the intent is for governance, then it is
the notice from election officer. Failure to remove creates a allowed. Moreover, not all acts of beneficence are
presumption of posting outside the common posting area. considered as campaigning.

Q: A 5x10 ft tarpaulin displayed 10 days before a Q: Photo of sleeves, ballers, fans.
lightning rally.
A: Fair Election Act expressly repealed prohibition under
A: Not allowed. First, there must be a permit from the city OEC on sleeves ballers and fans. A candidate can use them.
or municipality. Second, you must inform the election However, as per COMELEC Resolution 10049, the candidate
officer 3 working days prior to the rally. Third, it can only must file a petition, and publish that petition.
be posted 5 days before the rally and removed within 24
hours after the rally. Fourth, the tarpaulin must be 3x8 ft. Q: Along Ortigas you see signs that say “ADOPT GRACE
Finally, all expenses must be reported to election officer 7 POE 2016” and “GRACE-‐CHIZ 2016” in the headquarters
days after the rally. of Grace Poe and Chiz Escudero.

Q: Volunteers gave free unreceipted drinks and food A: Now allowed two have three signages (unless 1) the
during the rally. candidate is not notified, or 2) before campaign period).
You can have one headquarters per province AND one per
highly urbanized city. The things you can post are:
a. posters (2x3) No. Only during the campaign period, until May 7. Cannot
b. stickers (8.5x14) be given on day of election, and eve of election. There is
c. one signboard (3x8). currently no size requirement for the sample ballots
BUT NOT RALLY STREAMERS. though.

Q: “Ginhawa ay dama ng lahat, Jojo Binay” on television Q: President of Jollibee donated to a gubernatorial
candidate.
A: Not a proper TV ad. It should include notices like: “paid
for by…” or if it’s free. Said notices must be visible during A: Not allowed. Corporation Code provides that
the entire duration of the commercial. It must also follow corporations cannot donate to candidates. However, it is
the color contrast rule. Defense would be that it aired prior allowed if President did it in a private capacity.
to the date of effectivity of resolution.
Q: If Jollibee donated as a corporation, what can be a
Q: Newspaper that says “POLL: VOTERS SEE POE’S defense?
POSITIVES” that takes up the whole page.
A: Not for campaign purposes.
A: Allowed because it is not a campaign material. News
items are not covered. Q: Movie poster for “Lumayo Ka Nga Sa Akin” shows
Mayor Herbert Bautista.
Q: Last February 9, a full page ad was published
decrying Martial Law, showing Bongbong Marcos with A: Allowed, because the ban should start at campaign
his parents. period for local officials (March 25). Can it be shown on
March 27 (Easter Sunday)? It depends. It can be shown that
A: Bongbong has a cause of action. It is election it’s privately shown. Public exhibition is what is prohibited.
propaganda, and so must follow the rule on ads. You have
to put the inscriptions. He has the right to reply within 36 Q: Will you advise Manny Pacquiao not to push through
hours from the first release. Must be same size, same page. with his boxing fight on April 9?

Q: Sample ballots can be distributed on election day. A: No. No, Pacquiao can push through with the fight. The
prohibition on boxing, beauty pageants, sports events, etc.
applies when the event is (1) a fundraiser and is (2) for A: Naturalized citizen cannot campaign (foreign citizen)
campaign purposes. In other words, the fundraising, to be Public school teacher (government employee) DPWH
prohibited, must be for the candidate’s campaign for it to be Bureau Chief cannot campaign (as they are covered by
invalid. His defense would therefore be that the boxing the Civil Service Commission) Secretaries CAN
competition is not a fundraiser for campaign purposes. campaign as an exception on appointive officials,
because they are not covered by the Civil Service
Q: Assuming that there are 57m voters nationwide and Commission.
50k voters in Bulacan, a Presidential and Mayoralty
candidate for Bulacan who are both independent can
spend P280m and 185k respectively. SESSION 7

A: No. President can spend P10 per voter (57m x 10 Q: Failure to file the Statement of Contributions and
=570m), Doesn’t matter that he’s independent. For local Expenditures will result in imprisonment and non-‐
officials, candidate can spend P3 per voter if nominated assumption into office.
AND supported by party, or P5 per voter for independent.
A: Imprisonment cannot be the penalty. Failure to file has
Q: Said mayoralty candidate has no defense if she spent been decriminalized. As to non-‐assumption of office,
P300k or claims that the P50k is donated by friends or perpetual disqualification can be imposed only after the 2nd
political party. offense

A: There are 3 expenses not : printing sample ballots, Q: COMELEC Chairman can suspend elections for loss of
photocopy and classify of voters, payment for counsel electricity and late arrival of ballots and VCMs.

Q: The president of the republic, an incumbent governor, A: No. Only the COMELEC en banc can postpone elections,
Filipino citizen naturalized in the US, public school teacher, because 1) it is provided for by law, and 2) it is
DPWH Bureau Chief … CAN campaign for Mar Roxas. Which administrative in nature. Assuming this is a COMELEC en
of them CANNOT campaign for Roxas? banc, the grounds invoked are allowed. Loss of electricity is
force majeure, while late arrival of ballots and VCMs is an
analogous circumstance to loss of election paraphernalia.

Q: Firing of gunshots and violence can be the basis for failure of elections if any of the grounds are present, AND it
postponement or failure of elections. will materially affect the outcome of the elections.

A: Postponement -‐ can be the basis, provided it will render Q: 50 flying voters were allowed to vote and this was
impossible to have honest, open, peaceful elections and it raised during the canvassing by you as a pollwatcher.
must be serious violence; For failure, it must lead to failure The lead by the other party is 25 votes. Do you have
of elections and it will materially affect the results of the standing to file a petition for failure of elections?
election. The grounds should exist prior to proclamation.
A: Yes, provided that there are grounds, and only if it will
Q: Petition to declare Failure of elections for ALL materially affect the elections.
elective positions was filed by a mayoralty candidate
on the ground that she got 0 votes in 2 precincts. Q: COMELEC en banc can motu propio declare a failure
of elections and postponement of elections, and cause
A: By itself, it is not a ground for failure of elections. the holding of special elections on the 60th day.
However, if coupled with force majeure, fraud, violence,
terrorism, analogous circumstances, it can be a ground. A: COMELEC en banc can motu propio declare
Moreover, only the two precincts will be affected. Finally, it postponement, but failure can only be through verified
must materially affect the outcome of the elections. petition. Moreover, the 30-‐day period to hold special
elections in statute is merely directory.
Q: Transfer of venue of transmission of results from the
VCM ordered by the Chair of the Board of Election Q: A political organization registered with the SEC can
Inspectors can be the basis for the postponement of field a poll watcher.
elections.
A: No. A political party must be registered with the
A: Decision must be unanimous by BEI and, favorable COMELEC in order to appoint a poll watcher. The effect of
recommendation from the majority of the watchers who being registered with SEC is the acquisition of juridical
are present. Assuming these requirements were not personality and rights under the Corporation Code.
followed, this cannot be basis for postponement because
the casting of votes is done. However, it can be basis for
Q: The matter of the expulsion of a party member is
cognizable by the COMELEC en banc, not a COMELEC Q: COMELEC has wide discretion and can motu proprio
division. determine which party is the dominant party.

A:. Wrong. According to case law, it is an internal matter A: Discretion is limited as there are criteria: 1) track record
that is not cognizable by the COMELEC. Exception: in elections, 2) ability to field a complete slate for all
Qualification made in case law: If the controversy affects positions, 3) number of incumbent elective officials,, 4)
matters external to the party, but also to the member’s structure or organized chapters, 5) capacity to campaign.
election. Also, there must be an application (cannot be motu propio)

Q: The determination of which 2 factions or wings of a Q: Senator Grace Poe can deploy pollwatchers and they
political party is within the jurisdiction of the COMELEC can demand copies of the election returns.
en banc.
A: Poe can have one poll watcher in every polling place
A: Generally, this is an internal matter. Exception: when it because she is a candidate. She can appoint more than one
will involve the qualifications of the candidate. Since there in a given precinct, provided that only one can serve at a
are two factions and under the law there can only be one time. The other 4 are alternates (it’s one way of buying
nominee for President coming from a party (otherwise they voters though, and it’s not vote buying because you’re
cannot field any candidate), COMELEC can take cognizance. paying them as pollwatchers) However, pollwatchers of an
independent candidate cannot demand copies of the
Q: There are “favored” parties, meaning some parties election returns. If I were counsel, I would advise her to
have more rights and privileges than others. align with any of the 14 favored parties (because not all of
them have presidential candidates).
A: There are “dominant” majority” and “dominant minority”
parties which have more rights. There are a total of 14 Q: You are from Bohol. Can you be a pollwatcher of
favored parties. 10 major political parties, 2 major local Makati?
parties, 1 dominant majority, 1 dominant minority. They
can get 1) election returns, and certificates of canvass, and A: No. Pollwatchers must be a qualified voter in the city or
2) the pollwatchers of these 14 parties are the nearest to municipality to be deployed in. (NO NEED TO BE
the teachers counting the votes. REGISTERED IN LOCALITY WHERE YOU WILL SERVE) You
must also have a good reputation, shall not have been Q: The creation of the Council headed by the CICT and
convicted by final judgment for an election offense or other the Joint Congressional Oversight Committee
crime, can read and write in Filipino, English, Spanish or encroaches upon the jurisdiction of COMELEC.
any prevailing local dialect, and not related within the 4th
degree of consanguinity or affinity to the chairman or any A: No to both. The Council (full name Advisory Council) is
member of the board of election inspectors in the polling only an advisory body, and is a mere observe in bids and
place. awards committee. Also, the Oversight Committee merely
ensures that the law is properly executed, and to review
Q: You are a pollwatcher. The Chair of BEI can amendments.
authorize you to distribute the ballots and can also
reject any challenge you make (i.e. he can just take note Q: COMELEC can dispense with the use of paper ballots
of it) and can automate from voting to proclamation.

A: As a pollwatcher, distribution of ballots is not one of my A: Yes, paper ballots can be dispensed with because
rgiths and duties. However, the Chair of BEI can reject any according to the Automated Elections Law, COMELEC is
challenge or protest I make. My right to challenge/protest given the discretion to adopt either a paper based or direct
cannot be taken away. However, my right is merely to file recording electronic system. COMELEC however cannot
said protest, and that protest will be recorded in the automate until proclamation. Only voting, counting,
proceedings. consolidating, canvassing, and transmission of votes. Law
excludes proclamation from the list.
Q: Watchers have a say if the venue for counting will be
transferred due to actual violence. Q: You can be a member of the Board of Election
Inspectors and Board of Canvassers, providing service
A: Generally, must be unanimous by BEI and majority of the for free.
watchers who are present. But this only applies when there
is “imminent danger”. If there is “actual violence”, then you A: BEI -‐ it depends. First, members must be public school
don’t need to consult anymore. teachers. Second, if there are insufficient public school
teachers, then private school teachers, Third, if there are
SESSION 8 still insufficient numbers, then private citizens of good

standing and known probity can do it. Per diem = Q: The BEI can cause the arrest a voter who just
P1,000/day x 3 days. entered the polling place and at 12nn BEI Chair can
announce that you together with 20 other voters have
BOC -‐ No. Only the following officials can: not voted.
1. COMELEC
2. DOF/DOJ A: Arrest = BEI can only arrest if you interrupt and disturb
3. Treasurer the proceedings. You cannot be prevented from voting.
4. Prosecutor
5. Representative from Department of Education Announcement on voting = BEI Chair cannot do that
Per diem = 10000 (fixed) because they are prohibited from doing so. No status
reports can be given before the closing of elections.
Q: The BEI can campaign, not allow illegal voters to
vote, and not allow voters challenged for committing Q: When you enter the polling place, what will happen?
illegal acts to vote.
A:
A: BEI cannot engage in partisan political activity because 1. Look for name.
1) they are members of the civil service, and 2) expressly 2. Look for precinct.
prohibited by law. 3. Approach the BEI, give the paper they gave you at
registration.
Illegal voters are those who are not registered, using 4. BEI will check your fingerprint.
another name, disqualified, multiple registrants. They can 5. BEI will announce your name (to see if there’s a
be allowed to vote, provided that 1) they are properly challenge)
identified, and 2) the BEI allows them to vote. 6. If no challenge, or challenge was just noted, BEI
Chair will give you the folded ballot
Illegal acts are vote-‐buying, vote-‐selling, vote-‐betting, 7. Vote (to avoid cheating, there is a Ballot Secrecy
promising or inducing to withhold vote. They can be Folder)
allowed to vote, provided that they take an oath that they 8. If you tore the ballot, can you be given another one?
did not commit the act. It depends. If intentional, no. If accidental, yes
(spoiled ballot) but only once.
9. After voting, go to BEI and then feed your ballot into Marked ballots – Theoretically, it still matters. Depending
the box on the marking, it may or may not be read.
10. Thumbmark on election record
11. Indelible ink on your right forefinger Stray votes – No, it will not matter.
12. You must leave, cannot linger
Unused ballots – There shouldn’t be any unused ballots
Q: As a poll watcher, what will you do if you see a police because not everyone will vote.
officer, candidate, and mayor in a polling place.
Rules of appreciation of ballots – This will not matter,
A: All three are allowed only when they are supposed to because the voters no longer write the names on the
vote, voting, or just voted. Otherwise, they are not allowed ballots; everything is printed for them.
to stay inside the premises.
Exception: police officers can stay inside if there is ACTUAL Q: COMELEC refuses to issue voting receipts to voters.
disturbance.
Exception: police officers can stay 30m away if there is an A: COMELEC should issue voting receipts to voters because
IMMINENT threat. under the law, it is one of the minimum system capabilities.
Therefore, they are obliged.
Q: The provisions on spoiled ballots, excess ballots, marked
ballots, etc. are still relevant in an automated election. Q: COMELEC can lease from SMARTMATIC, a foreign
corporation, VCMs and allow our elections to be
A: Depends on the type of ballot. automated by said corporation.

Spoiled ballots – Yes, the provisions are still relevant. When A: Lease is allowed. Under the Automated Elections Law,
there is accidental tearing, a voter is given another one. COMELEC can purchase, lease, or rent from local or foreign
sources.
Excess ballots – Theoretically, it still matters. For example, Would the purchase be an abdication of COMELEC’s power?
it is possible that the teachers feed 10 extra ballots in No, because COMELEC would still have the power of control
excess of the actual number of voters. and supervision over SMARTMATIC.

Q: The source code, VCM, CCS, and EMS refer to the A: No. Bangko Sentral ng Pilipinas can also print ballots. If
same thing. the government resources are not sufficient, can be
delegated to private parties.
A: VCM = vote counting machine; this is where you put in As per COMELEC Resolution, one cluster precinct can have
your ballot. It scans the ballot, counts votes, and transmits a maximum 800 voters. (Same number voters + 3, or a total
to CCS. of 803) ballots are allotted for that clustered precinct.
CCS = consolidated canvassing system; receives data from
VCMs Q: A canvassing center, a polling center, and a precinct
EMS = election management system are the same.
Source Code = software
VCM, CCS, and EMS must all have source codes. A: Generally, canvassing center is the same as a polling
center. However, a canvassing center can be different from
Q: COMELEC denies request of Grace Poe for her a polling center. You count the votes elsewhere if there is
representative to examine the source code and ballot imminent danger, unanimous decision of BEI and majority
printing. of poll watchers agree). A precinct is unit of voting (NOT A
PHYSICAL PLACE/BUILDING).
A: For source code, COMELEC Resolution 9987 says
candidates are not allowed to view them. However, the Q: COMELEC arranges the names of the candidates and
Automated Election Law expressly provides that COMELEC the party-‐list organizations on the ballots based on
cannot deny because any representative of a political party lottery.
or candidate (independents are also allowed). For ballot
printing, they can be denied access; only accredited A: For the candidates, the list must be in alphabetical order.
political parties and deputized citizens’ arm can observe. For the party-‐list organizations, COMELEC has discretion to
There is no mention of independent candidates. arrange it through lottery or alphabetical order. Rule is
different for candidates (natural persons) from party-‐list
Q: Only the national printing office can print ballots. (organizations) because the law says “alphabetical order
Additionally, in a clustered precinct with a max number applies to surnames” and organizations do not have
of voters allowed, 700 ballots are allotted. surnames.

Q: COMELEC denies the substitution of Seneres because A: COMELEC has broad discretion, not absolute discretion.
the substitute does not bear the same surname as What are the requirements which cannot be dispensed
Seneres. with?
1. It must still be secret
A: Under RA 9006, it is NOT required that the substitute has 2. The results must be electronically stored in data
the same surname. If you have the same surname, the votes storage devices
of the original will be counted for the substitute. If you do 3. There should be 30 copies of election returns,
NOT have the same surname, the votes will NOT be 4. Must be transmitted
counted.
Q: Failure to sign the election return by the BEI, or
How do you garner votes for a substitute with a different failure to sign the certificate of canvass by BOC and
surname? Space must be provided for a write-‐in vote. watchers, render the ERs and the COCs void.

Q: A ballot, an ER, a COC, and an SOV evidence the same A: No, it will not affect the validity. For BOC, no election
thing. offense. For the watchers, they are required to sign but
there is no effect. Failure to sign by BEI, they can be liable
A: Ballot -‐ indicates the vote of one voter. for an election offense, unless there is justifiable reason for
Election Return -‐ is the aggregate of votes in one precinct. their refusal.
Certificate of Canvass -‐ shows the consolidated count of
several precincts, or municipality, or city, or the entire Q: There are the same number of ERs and COCs in all
country, will show the total. levels.
Statement of votes -‐ attached to the COCs; indicates the
breakdown of all the votes in all the precincits A: No. There are the same number of ERs and COCs for
those elected on a national level.
Q: COMELEC has absolute discretion under the When it comes to ERs, there are 30 copies.
Automated Election Law to provide for the counting As for COCs, there are two types of COCs: national COCs
procedure. printed by city/municipal board of canvassers (30 copies),
and local COCs printed by board of canvassers for
provincial, highly urbanized cities, Metro Manila district,
(14 copies)
they may do it based on the data storage device, and that
Q: What will you advise independent candidates which is electronically submitted.
regarding getting copies of the ERs and COCs?
SESSION 9
A: They are not entitled, but there are options.
Option #1: Go to an Accredited Citizen’s Arms. They are Q: There are no pre-‐proclamation controversies for all
duty bound with regard to COCs, but not ERs. positions in an automated election system.

Option #2: Go to teachers, and ask to print for additional A: There are no pre-‐proclamation controversies for
copies at their own expense. national positions (EXCEPT manifest errors), but there are
for local positions. There are two types of pre-‐proclamation
Option #3: Align with any of the 14 parties, 2 dominant controversies: (1) board-‐related (illegal composition and
parties, 2 major local parties. illegal proceedings), and (2) results-‐based.

Q: Can the printed copies of ERs and COCs be basis of Q: Material defects, manifest errors and omissions can
canvassing and proclamation? no longer happen in an automated election system.

A: It depends. For printed ERs, they CANNOT be the basis, A: False. These are still possible in the current system.
because the basis must always be what was electronically Examples include—
transmitted. Manifest error – the election return is tabulated twice;
Omission – the name of a candidate (i.e., Miriam Defensor-‐
Q: Congress, COMELEC, and the local board of Santiago’s case) or votes for the candidate are omitted;
canvassers (city, provincial, municipal) can canvass Material defects – this no longer happens in an automated
and proclaim based on the data storage device elections system.
manually delivered and not based on what was
electronically transmitted. Q: The COMELEC and its board of canvassers canvass
results only for all local elective officials.
A: Congress and COMELEC can only rely on what is
electronically transmitted. For local board of canvassers, A: FALSE; COMELEC also canvasses for the Senate, among
others.
COMELEC and its board of canvassers do canvass for the en banc is NOT valid. If raised, the canvassing proceedings
municipal level, but they do NOT proclaim. will be suspended until the issue is resolved.

Q: Only ERs are subject to canvassing. Q: As paralegal you obtain a copy of the ER. During the
canvassing, before the CCS, you realize a discrepancy.
A: No, Certificates of Canvass are also canvassed. What is
being canvassed at district, provincial, COMELEC, and A: A discrepancy is NOT a manifest error even in a manual
congressional levels? COCs. ERs reflect the votes in the system. There are 2 types of discrepancies: (1) between the
precinct level. As you go higher, it becomes a COC. What can ERs and COC, and (2) between the votes in words and votes
COMELEC canvass and proclaim? Senators, Party-‐list in figures. If this happens (which they say it won’t because
representatives, and ARMM elective officials. of the automated system), you raise it with the BOC.

Q: A pre-‐proclamation case can be raised on the Q: What is the procedure if the above situation
grounds of violence and presence of illegal voters happens?
during casting.
A: File with the BOC only, NO CONCURRENT JURISDICTION
A: Both -‐ no, because they do not fall under the statute. Pre-‐ WITH COMELEC DIVISION. When? Before the particular ER
proclamation controversies can only be based on the face of is actually canvassed, because if it is already canvassed, it’s
the ER or the COC. The BOC cannot admit evidence aliunde fatal (you’re not a good paralegal if that happens). How?
(extraneous evidence other than what you see in the Making an oral objection, while simultaneously making a
ER/COC) written objection. However, according to case law, omitting
an oral objection is NOT fatal, provided that evidence is
Q: All lawyers and paralegals were excluded from the filed within the 24 hour period (substantial compliance). If
canvassing center. The BOC advises you to raise it with you don’t agree with the decision of the BOC? You can file
the COMELEC en banc. with the COMELEC Division.

A: They are allowed to be present at the canvassing. They Q: The BOC after realizing a discrepancy reconvenes
may file an objection — illegal proceedings (NOT illegal after making a proclamation.
composition). Where to file? BOC has concurrent
jurisdiction with COMELEC division. Filing with COMELEC
A: The BOC becomes functus oficio after proclamation. It Q: Pre-‐proclamation cases can subsist even if
cannot reconvene, unless given an order by COMELEC. proclamation has already been made.
After proclamation, the BOC ceases to exist. Can only be
given life by order of the COMELEC Division. A: No, proclamation renders the pre-‐proclamation case
moot. Basis: long line of jurisprudence.
Q: If the BOC reconvenes motu propio, election protest
is the only remedy. Q: Election protest and annulment of proclamation can
be filed simultaneously.
A: The BOC cannot reconvene motu propio, must be by
order of COMELEC. Election protest is NOT THE ONLY A: While both are POST-‐proclamation cases, they are
remedy. In an election protest, you can question ANY inconsistent with each other. When you file an annulment,
irregularity. You can file a pre-‐proclamation case. You can you are questioning the proclamation’s validty. In an
also file an annulment of proclamation case with the election protest, you are accepting the validity of the
COMELEC Division because BOC was already functus oficio. proclamation.

Q: Congress rejects a COC from a province on the Q: If an annulment of proclamation is not granted, an
ground that the electronic transmission and the fata election protest cannot be filed.
storage are corrupted.
A: You can still file because when the annulment of
A: Congress can reject a COC if the following are not proclamation questions the validity of the proclamation
present: while the election protest is for other grounds. You file on
(1) Executed, signed, and thumbmarked by Chairman the 7th day and got denied.
and Board
(2) Contains all the names and votes Can you file an election protest? Yes, but you only have 3
(3) No discrepancy in authentic copies days remaining to file. You don’t have another 10 days.
(4) No discrepancy in words and figures
Congress (and COMELEC) CAN reject on the ground that is Q: An election protest and quo warranto case can be
it NOT authentic and NOT duly executed. filed simultaneously and the outcomes, if favorably
acted upon, are the same.

A: They can be filed simultaneously. Unlike annulment and Municipal officials RTC
election protest, they have consistent causes of action. For Regional, provincial
quo warranto, it is disloyalty or ineligibility of the elected. and city officials
In election protest, it is any other ground. Appellate jurisdiction COMELEC Division
Also, the outcomes are not the same. In both cases the over barangay and
protestee is unseated. However, in an election protest, municipal officials
whoever gets the required votes will replace the protestee.
In a quo warranto case, either a special election will be held Q: The best evidence in an election protest under an
or the rules in succession will apply. automated election system are the ballots themselves.

Q: An election protest can be filed based on the election A: If you want to question at the voter level, the ballot is the
returns, not the ballots. Can this be filed solely based best evidence. According to case law, if you don’t have the
on the ER or COC? ballots themselves, the best evidence would be the picture
images of the ballots, as scanned by the vote counting
A: Yes. Wherever they wish to claim the fraud to have machines (VCMs). ERs and COCs can only be the best
occurred (any irregularity) is fine. This is based on the case evidence when the protest is questioning the consolidation
of Sen. Loren Legarda. She did not question the ballots; she of the ballots, and not the ballots themselves.
only questioned the ERs, particularly by questioning the
addition and subtraction at the higher levels. Q: Fourth placer files an election protest against a duly
proclaimed presidential candidate on the 15th day from
Q: All election protests for local elective offices are filed the proclamation.
with the COMELEC en banc.
A: No, they are never filed with COMELEC en banc. They are A: As a general rule, the protestant is any candidate for the
filed with MTC (barangay officials), RTC (municipal position.
officials). For these two, COMELEC Division has appellate Exceptions:
jurisdiction. For regional, provincial, and city officials, they (1) President/VP -‐ 2nd and 3rd placers, and
are filed with COMELEC Division. (2) Municipal officials -‐ 2nd and 3rd placers.

Position Jurisdiction over Election Protests Q: DQ cases were filed against two candidates: one
Barangay officials MTC district representative and provincial governor. They
claim that upon their proclamation, the DQ cases have shopping, and assailing some of the precincts are some
been rendered moot and no other cases can be filed of the fatal defects in an election protest.
henceforth. A: Non-‐payment of cash deposit -‐ jurisdictional
requirement and therefore fatal, but subject to estoppel.
A: For the governor: not moot. COMELEC retains Non-‐inclusion of verification/non inclusion of certification
jurisdiction; once proclaimed, you are removed from office. of non forum shopping = fatal.
For the district representative: there are 3 requirements for Assailing some of the precincts = fatal, as a protest must
COMELEC to be divested of its jurisdiction: specify which precinct is being assailed.
a. Valid proclamation; Assailing of ALL of the precincts = no need to specify which
b. Oath; and precincts. By saying “all” you’re specifying all.
c. Assumption into office.
Once these concur, COMELEC will be divested of its Q: Election protest of Mar Roxas filed in 2010 is now
jurisdiction. rendered moot.
What kind of cases can still be filed? Election offense and
protest cases can still be filed. A: Yes. According to jurisprudence, filing of a COC is the
operative act that renders a protest moot. (it is NOT
Q: Death of a protestant and protestee renders a assumption of office, i.e., it was not necessary for Roxas to
protest case moot. have won in that election to render his protest moot). The
protest will be rendered even “more moot” now, since the
A: For both, it depends. In positions where the rule of term of the position will is about to expire and will end by
succession will apply for local positions, Presidents, and June 2016.
Vice President, the protest will subsist. It will not apply to
others because in case of vacancies, there should be a SESSION 10
special election. In what cases will the protest proceed? If it
was properly filed, and the one who will succeed is still Q: Liberal Party designates 5 poll watchers per
alive/interested, because he has interest to continue the precinct, who are not residents of the municipality.
case. He must show that the protestee actually won.
A: Not allowed. According to the 10057 GI, LP can only
Q: Non-‐payment of cash deposit, non-‐inclusion of designate 2 poll watchers, who must serve alternately, and
verification, non-‐inclusion of certification of non forum must be registered voters of the municipality. NOTE: the
law does not set a maximum number. Moreover, only A: As a general rule, voting is only until 5pm of election day.
“qualified voters” can be watchers. Under Admin Law, the As an exception, it can go beyond 5pm if there are voters
GI must be in conformity with the law, otherwise it would within 30m of the voting area. You have to sign a list. Your
be an undue delegation of legislative power. name will be called 3 times. If you do not respond, you can
no longer vote.
Q: There are 5 diagnostics during the testing and
sealing of the VCMs on April 30, 2016. Q: A voter takes a photograph of his ballot, puts his
name on the ballot, and asks someone to fill out his
A: Date is May 2-‐6, 2016. There are 10 diagnostics: ballot on his behalf.
1. Audio
2. Print A: The voter cannot take a photograph of the ballot; both
3. Power law and GI prohibit it. He also cannot put name, because his
4. Ethernet ballot will then be considered a marked ballot.
5. Touch Screen Furthermore, a voter cannot ask someone to fill it out
6. Cast and return buttons unless he is a PWD or illiterate. If such is the case, only the
7. Date following can fill out on his behalf:
8. USB ports (a) relatives within fourth degree of consanguinity or
9. Scanner affinity, and
10. Transmission (b) person of confidence within his household, and
(c) member of BEI. Note also that only the BEI can assist
Q: The VCM initialization report for a precinct shows 3 more than 3 times.
votes for a candidate and 1000 voters.
Q: There is a specific envelope for marked ballots.
A: The initialization report must have 0 votes. Moreover,
there cannot be 1000 voters. A clustered precinct can only A: No. Marked ballots are ballots that can reveal the identity
have a maximum of 800 voters. of the voter. Assuming that there are marked ballots, where
do you place them? It depends on the VCM. If the machine
Q: Voting can still be conducted up to 7pm of election rejects them = rejected ballots. If accepted = counted official
day. ballots.

There are different envelopes: rejected ballots and counted Q: Only the BEI Chairperson can give a ballot to the
official ballots. voter and deposit the ballot to the VCM.

Q: The BEI may not allow a person to vote. A: Only the Chairperson can give the ballot. This cannot be
delegated to others, according to the GI. Moreover, only the
A: As a general rule, this CANNOT be done. There are, registered voter can deposit the ballot into the VCM.
however, four exceptions:
1. Name does not appear in the computerized voters’ Q: The 2 SD cards, the VCM, and the ballot box are to be
list delivered to the municipal or city board of canvasser
a. PCVL = posted at the door of the precinct after close of polls.
b. ECVL = the one you sign before you vote,
electronic A: SD in Slot A must be placed in the envelope; this SD card
2. If there is indelible ink on the finger of the voter is to be delivered to the election officer. However, the SD in
3. When there is a challenge to the identity of the Slot B will remain inside. The VCMs will go to the logistics
person, and BEI is not satisfied with the provider or the election officer (if he/she cannot be found).
identification of the voter Ballot box will be delivered to the municipal/city treasurer.
4. When there is a challenge that the person committed
an illegal act and the person did not swear the oath Q: During and after the voting, the ballot box cannot be
opened.
Q: For an orderly and efficient system, an innovative
BEI: 1) gives numbers to people in line for orderly A: There are nuances. During the voting, the box can only be
conduct of elections, 2) VCM is opened at 5am, 3) wobbled by the Chairman, in the presence of the other BEI
Indelible ink was not placed on the finger when the inspectors, to make space. If there is still no space after the
VCM rejected the ballot. wobbling, the Chairman may be pressed down.
After the voting, the general rule is that the ballot box
A: BEI cannot give numbers to people in line. The earliest cannot be opened.
opening of the VCM is 6am. Indelible ink should be applied The exceptions to this rule are—
to the voter’s finger even if the VCM reject the ballot. (Basis (a) To put in or take out documents, provided that
for all this: GI; it is categorical on all these matters). COMELEC authority
(b) To retrieve the ER or the SD card
Provided that the BEI, the Treasurer, and the poll watchers Q: Last March 8, the president appointed Sec
are notified. Almendras (previously of Management and Staff) as
Secretary of Foreign Affairs and also, on April 8, a SC
SESSION 11 Justice.
A: For the department secretary, the President is not
Q: Last Christmas, former secretary Mar Roxas gave prohibited from doing so because he is not under the 45
loot bags to underprivileged children. day prohibition period. Also, this cannot be considered a
transfer within the meaning of the law because the transfer
A: If disqualified case if filed, defenses are (a) prohibition only prohibits transfer of CSC employees. For the SC Justice,
on giving away free food starts May 8, (b) not yet this is allowed, according to case law (Corona case), the ban
electioneering. does not cover appointments to the Supreme Court.

Q: If done today, would Mar Roxas be considered Q: The “Friends of Catbologan City,” an OFW group
committing an election offense? whose members are foreigners, donated cash to the
city through the Mayor who is running for re-‐election.
A: Already within the election period; already a “candidate”. A: It depends on the intent. Unlike other election offenses
Defenses available to Mar: Not campaigning. (e.g., ban on appointment, transfer), the law expressly
NOTE: intent is not an element. makes a qualification: if the intent is to help in the
campaign of the Mayor, then it would constitute an election
Q: Are all contributions during the campaign period offense. However, if the intent is merely for donation to the
prohibited? city, this would constitute “good governance” following
A: No. Exemptions: (a) normal and customary stipends, and case law.
(b) traditional gift-‐giving.
Q: On April 1, 2016, the City Mayor signed a contract
Q: May 5, 2016 Provincial governor appoints a person with the private sector to fund a socialized housing
to Sangguniang Bayan due to the permanent vacancy project.
caused by the death of councilor. A: This is not advisable, because there might be some
A: Not an election offense. According to case law, the ban on issues, but generally, if we are to look at the provisions of
appointment only covers those under the Civil Service. the law, it is the disbursement of funds and not the signing
of the contract that is banned.
If there was already disbursement of fund, this would be It is to be noted that when it comes to election offenses,
prohibited. But, to be safe, the mayor should – COMELEC division has jurisdiction over cases in Section 68.
1) Ask for clearance or a letter of authority from Appeal of this decision can be made to COMELEC en banc,
COMELEC; and then SC.
2) Sign before March 25, or after the elections; If it is an election offense not listed in Section 68, then
3) Get a COMELEC opinion. COMELEC would just be the prosecutor.

Q: The Ombudsman suspends a Provincial Governor on Q: To raise funds for bar ops, there will be an ALS party
April 15 for influencing an election. in the Pool Club on May 8, 2016. Will you go and
support?
A: Influencing another public officer to perform an act falls
under the Anti Graft and Corrupt Practices Act. Therefore, A: NO, BAWAL UMINOM! There’s a liquor ban from May 8
this falls under the exception on the ban on suspending (Eve of Elections) to May 9, 2016 (Elections Day) (Alat
officials. More importantly, the Ombudsman is an mengz).
impeachable officer—he is thus immune from prosecution.
Who will be liable for the offense? The organizers and
Q: A city mayor who transfers a department head to people actually drinking.
another head can be disqualified by the COMELEC En
Banc at the first instance. His defense is that it was not Q: You were appointed today as consultant for legal
election related. affairs today.

A: He cannot be disqualified, as the transfer is not one of Allowed. It’s not yet March 25. But even if it is after March
the grounds found under Section 68 of the Omnibus 25, you can still seek approval from COMELEC because the
Elections Code. However, since this is an election offense, law still includes provisional and casual appointments,
the complaint should be filed with the COMELEC Law which are within contemplation of the law.
Department or the Prosecutor (in terms of the PENAL
aspect, they would have concurrent jurisdiction). For the Q: An entrepreneur sets up a dimsum store near the
COMELEC or qualification aspect, file with the COMELEC polling place.
Division. A: Allowed, if outside the 30m limit from the polling place.
Note: this is mala prohibitum so intent is immaterial.
Cause of Action: GADALEJ and undue delegation of
Q: A board of canvassers continues canvassing after the legislative power
pre proclamation case was raised questioning the When to file: Anytime
behavior of lawyers of the other party. Jurisdiction: Supreme Court
Defenses: Constitutional mandate of COMELEC to ensure
A: This is not an election offense, but one remedy is to treat honest, open and peaceful elections, Valid delegation of
this is a pre-‐proclamation case to be filed in the same Board power
(question composition or proceedings of BoC) or in the Effects: Resolution will be stricken down and considered
COMELEC Division. Assuming there was a proclamation, the void
remedy would be an election protest, quo warranto
proceeding, or annulment of proclamation. Q2: The President of a political party was determined
by a Party Committee to have committed acts inimical
Q: COMELEC can withdraw the deputation of a city to the interest of the political party. Said political party
prosecutor over election offenses. is the dominant minority party. The President was
A: Once upon a time, this was allowed when COMELEC had expelled. He continues to use the name of the party.
exclusive jurisdiction under the OEC. However, this is not Case: INTRA-‐PARTY DISPUTE
the case anymore because under the Automated Election Petitioners: Party itself or the other faction
Law, COMELEC now has concurrent jurisdiction with other Cause of Action: Misrepresentation
prosecutorial arms of government. When to file: Anytime
Jurisdiction: COMELEC division
SESSION 12 Defenses: Substantive and Procedural Due Process
Consolidated Topics Effects: COMELEC will recognize the legitimate faction
Election Dispute Resolution
Q3: In 20 clustered precincts of a city with maximum
Q1: Comelec issues a Resolution limiting the number of number of voter; half of the voters in each precincts are
polwatchers. alleged to be non-‐residents. This was realized by a
voter on October 1, 2015.
Case: CERTIORARI, Rule 65 Case: PETITION FOR EXCLUSION
Petitioners: Any voter/citizen/taxpayer What can’t be filed: ANNULMENT OF BOOK OF VOTERS
Petitioners: Candidate, Party and Election Officers
Cause of Action: They are not eligible to vote. Q6: COC for senator in 2013 states 3-‐year residency in
When to file: 100 days before election the Philippines on election day. COC for president, by
Jurisdiction: MTC same person, in 2016 states 10 year residency on
Defenses: Valid qualifications (i.e. they are residents) election day.
Effects: Exclusion Case: DISQUALIFICATION CASE
Q4: This matter was raised during the casting votes. Petitioners: Any voter or fellow candidate
(same as above) Cause of Action: Material misrepresentation
Case: CHALLENGE TO VOTERS. ILLEGAL VOTERS. When to file: 25 days after filing COC
Petitioners: Any party present (e.g. pollwatcher, other Jurisdiction: COMELEC Division
voters) Defenses: show proof of residence; honest mistake;
Cause of Action: They are not eligible to vote and lack of actually qualified -‐ what is imp is the truth not the entries
qualification (illegal voters) in the COC
When to file: During Election Day Effects: Disqualification and cancellation of COC.
Jurisdiction: BEI
Defenses: Show proof of actual residence. Q7: Assuming no case was filed prior to proclamation
Effects: They will not be allowed to vote. and said presidential candidate is proclaimed.
Case: QUO WARRANTO
Q5: This matter was raised during the canvassing of Petitioners: Any voter
results. (same as above) Cause of Action: Ineligibility
Case: NO CASE, TOO LATE. But if BOC allows, it can be a When to file: 30 days from proclamation if PET
PreProc case. Jurisdiction: PET
Petitioners: Candidate or political party Defenses: Valid qualifications
Cause of Action: Illegal proceedings of the BOC Effects: Incumbent respondent dislodged
When to file: During Canvassing
Jurisdiction: BOC/COMELEC Division (concurrent Q8: On March 1, the mayor who is running for re-‐
jurisdiction) election released prisoners.
Defenses: It was a valid proceeding. Case: ELECTION OFFENSE
Effects: Proceedings are null. Re-‐canvassing What can’t be filed: Disqualification case (Because Sec. 68
grounds only)
Petitioners: Any voter, candidate or party
Cause of Action: commission of one of the grounds for 3. She is a member of a political party
election offense Responsible citizen finds out today about this COC.
When to file: 5 years from the commission of the offense Case: CANCELLATION OF COC (but this will not prosper)
Jurisdiction: for DQ case, COMELEC Division Petitioners: Candidate, party or Election Officer
Defenses: Not an election offense yet because must be 60 Cause of Action: Material misrepresentation
days before elections or March 10; on March 1, not yet a When to file: 5 days after deadline/25 days after filing
candidate; not one of the election offences under Sec. 68 Jurisdiction: COMELEC Division
(not for DQ) Defenses: Not material facts. Filed out of time.
Effects: Mayor is not allowed to run. If he were proclaimed, Effects: Not having been candidate at all, votes will be
he will be dislodged. considered stray but still counted if the source code is final

Q9: The release was done on March 28. Q11: What if she was already proclaimed as winner.
Case: ELECTION OFFENSE Case: ELECTION PROTEST OR QUO WARRANTO
What can’t be filed: Disqualification case (Because Sec. 68 Petitioners: For protest, any Candidate/For QW, Any voter
grounds only) Cause of Action: Misrepresentation/Disloyalty
Petitioners: Any voter, candidate or party When to file: 10 days after proclamation
Cause of Action: Mala Prohibita act. Intent is not Jurisdiction: HRET
necessary. Defenses: Not material facts or Filed out of time.
When to file: 5 years from the commission of the offense Effects: Dislogded from position.
Jurisdiction: for DQ case, COMELEC Division
Defenses: No intent (but would not prosper), Not one of Q12: Comelec did not prepare for issuance of voting
the election offences under Sec. 68 (not for DQ) receitpts. SC decision directs comelec to issue receipts.
Effects: Imprisonment, Conviction, Disqualified to hold Comelec argue lack of material time. Commerce reverts
public office to manual elections.
Case: POSTPONEMENT
Q10: The COC for District Rep of a candidate who is Petitioners: Motu Propio by COMELEC/Anyone
single, a law graduate and former president of a Cause of Action: Election paraphernalia might not be lost
student council states that or destroyed but analogous to it.
1. She is married When to file: Anytime before the day of elections
2. She is a lawyer Jurisdiction: COMELEC en banc
Defenses: No to postponement because not one of the When to file: Anytime before proclamation
ground for postponement (force majeure, violence, etc.) Jurisdiction: COMELEC en banc
Effects: Postpone not later than 30 days (but directory and Defenses: NONE because terrorism???
not mandatory) or revert only between direct voting or Effects: Special Elections within 30 days from failure
paper-‐based because AES does not allow manual voting (directory and not mandatory)

Q13: On May 6, violence erupted in a city with 250k Q15: The municipal mayor funded these armed men.
voters, city EO issues memo to delay opening of polls. Case: DISQUALIFICATION CASE
Case: POSTPONEMENT Petitioners: Any one
Petitioners: Motu Propio by COMELEC/Anyone Cause of Action: Section 68 -‐ Violence
Cause of Action: Serious violence that it will be impossible When to file: Anytime before proclamation
to have honest, open and peaceful elections. Jurisdiction: COMELEC division
When to file: Anytime before the day of elections Defenses: It was not me who funded them.
Jurisdiction: COMELEC en banc Effects: Disqualification. Lol.
Defenses: City EO has no power to issue memorandum to
delay opening of polls. Q16: What if mayor was proclaimed already.
Defense of City EO: Due delegation of powers QUESTION WAS SKIPPED BY AGRA.
Effects: Postpone not later than 30 days (but directory and
not mandatory) or revert only between direct voting or Q17: During the casting of votes, 20 voters identified
paper-‐based because AES does not allow manual voting with a city mayoralty candidate whose fingers were
already stained and were allowed to vote.
Q14: On May 10, during canvassing there were armed Case: CHALLENGE for voters. DISQUALIFICATION for
men terrorizing voters in a municipality with 150k mayor.
voters. Petitioners: Any one
Case: FAILURE OF ELECTIONS Cause of Action: For voter, voter has already voted.
What can’t be filed: PREPROCLAMATION CASE (because For mayor, Section 68 – Vote-‐buying?
casting of votes is over) When to file: For voters, before illegal voter casts a ballot.
Petitioners: Any one as long as it is not motu propio by For DQ, before proclamation.
COMELEC Jurisdiction: For voters, Board of Election Inspectors
Cause of Action: Terrorism For mayor, COMELEC division
Defenses: Mayor: I did not buy their votes. Petitioners: Any candidate or political party
Effects: Disqualification for mayor. For voters, they wont Cause of Action: Delaying!
be allowed to vote. When to file: When the ground becomes apparent
Jurisdiction: BOC or COMELEC division (concurrent
Q18: Said city mayoralty candidate won by 10 votes jurisdiction)
against another candidate. Defenses: There is something wrong in the COC. Other
Case: ELECTION PROTEST justifiable causes.
Petitioners: 2nd or 3rd placer Effects: COC set aside or suspension of proclamation
Cause of Action: Section 68 -‐ Violence
When to file: After proclamation For Q19: A case for ELECTION OFFENSE may also be filed.
Defenses: It was not me who bought votes. Q20: During the canvassing before the Provincial BOC
Effects: Unseated and the true winner will be proclaimed. 1. Electronic transmission indicates 5k votes for
governor candidate from a city
Q19: During the canvassing before the Provincial BOC 2. Printed Certificate of Canvass stated 6k votes for said
19.1 Dominant minority party was not given a copy of candidate
the COC Case: PREPROC CASE
Case: PREPROC CASE – Illegal Proceeding Petitioners: Any candidate or political party
Petitioners: Representatives of the Dominant Minority Cause of Action: Discrepancy of votes – Illegal Proceedings
Party affecting authenticity.
Cause of Action: Illegal Proceeding When to file: Before proclamation, when ground is
When to file: During the withholding of a COC apparent
Jurisdiction: BOC or COMELEC division (concurrent Jurisdiction: BOC or COMELEC division
jurisdiction) Defenses: CoC should be best evidence!
Defenses: The law does not say that you are to be given a Effects: COC set aside or suspension of proclamation
copy.
Effects: COC set aside or suspension of proclamation Q21: No ruling on the Pre-‐Proc case; Provincial BOC
proclaimed another gubernatorial candidate with a
19.2 BOC refuses to sign COC margin of 500 votes.
Case: PREPROC CASE – Illegal Proceeding
Case: ANNULMENT OF PROCLAMATION OR ELECTION Effects: Incumbent is ousted.
PROTEST
Petitioners: Election protest – Any Candidate
Annulment – Any candidate or political party
Cause of Action: Discrepancy = Irregularity in election
When to file: 10 days after proclamation
Defenses: CoC should be best evidence!
Effects: COC set aside or suspension of proclamation

Q22: Erasures in the COCs were noticed during
canvassing of votes for the President.
Case: PRE-‐PROCLAMATION CASE
Petitioners: any candidate or political party
Cause of Action: Can be under “Illegal Proceeding”
When to file: When the ground becomes apparent
Jurisdiction: Congress as BoC
Defenses: Erasures are not material. Proclamation is based
on election transmissions and not the COCs.
Effects: BoC rectifies proceedings/COC will not be counted.

Q22: Party-‐list Representative was unseated because it
was not determined that he did not renounce his
American citizenship.
Case: QUO WARRANTO
Petitioners: Any voter
Cause of Action: Ineligibility
When to file: 10 days after proclamation
Jurisdiction: HRET
Defenses: I did renounce!!! I AM Filipino!!

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