ELECTION LAWS

Atty. Krisna Samantha T. Caballero

SYLLABUS SY 2020-20021

D) JUDICIAL POWERS OF THE COMELEC

Cases:
Guieb vs. Fontanilla 247 SCRA 348 (1995) and Calucag v. COMELEC 274 SCRA 405 –
SAHIDSAHID

E) POWER TO ISSUE WRITS OF CERTIORARI, PROHIBITION AND MANDAMUS

Cases
Relampagos v. Cumba 243 SCRA 690 (1995) – MUÑOZ
Carlos v. Angeles Supra – EBUEZA

F) POWER OF INVESTIGATION
Cases:
COMELEC v. Noynay, July 9, 1998 – SISTUAL
Pp. v. Inting July 25, 1990 – MAMAC
Faelnar v. People 331 SCRA 429 – MONDEJAR
Herman Tiu Laurel vs. RTC Judge of Manila Br. 10 and COMELEC 323 SCRA 778 – MAYPA
COMELEC v. Silva Feb. 10, 1998 – JOHAYR
Kilosbayan vs. COMELEC 280 SCRA 892 – GALOPE
Bernardo vs. Abalos, G.R. No. 137266, December 5, 2001 – EDRALIN

G) POWER TO SUPERVISE ELECTION OFFICERS AND DEPUTIES DURING

ELECTION PERIOD
Case:
Tan v. COMELEC 237 SCRA 353 – OSTAN

H) POWER TO DECLARE A POSTPONEMENT, FAILURE OR ANNULMENT OF

ELECTIONS AND CALL FOR SPECIAL ELECTIONS IN ACCORDANCE WITH SECTIONS
5,6, & 7 OF THE OEC IN RELATION TO SEC. 4 OF RA 7166.
Cases:
Canicosa vs. COMELEC 282 SCRA 512 (1997) – SERRANO
Sison v. COMELEC 304 SCRA 170 – HONTANOSAS
Carlos v. Angeles – CATUNGAL
Coquilla V. COMELEC, supra – SORIANO
Sanchez v. COMELEC 193 SCRA 849 - Sec. 4 of RA 7166 – ANCHETA
Pasandalan v. COMELEC, et. al. G.R. No. 150312 July 18, 2002 – PERTURBOS
Basher vs. COMELEC 330 SCRA 736 – LUCERO
Mitmug v. COMELEC, 230 SCRA 54 – FEROLINO
Banaga, Jr. v. COMELEC 336 SCRA 701 – RIZALDA
Ampatuan et. al. v. COMELEC/Candao, et. al., G.R. No. 149803 January 31, 2002 – LIBRE
Lucero vs. COMELEC 235 SCRA 280 – CULLO
Biliwang v. COMELEC June 29, 1992 – LEMENTE

Peña v. HRET 270 SCRA 270 – RAGAZA

Hassan v. COMELEC 264 SCRA 125 – BAGUIO
Borja, Jr. v. COMELEC 260 SCRA 604 – CERNA
Sardea v. COMELEC August 17, 1993 – ERUM
Balindong v. COMELEC 260 SCRA 494 – CAYABAN

I) CALLING OF SPECIAL ELECTIONS/REGISTRATION OF VOTERS

DISCRETIONARY
Cases:
Bulaong v. COMELEC 220 SCRA 745 – MANGUDADATU
Akbayan, et. al. v. COMELEC – LEDESMA
Benito v. the Chairman and Commissions of COMELEC, March 26, 2001 – ALAMARES

PARTY-LIST REPRESENTATION (RA 7941)

Cases:
Veterans Federation Party v. COMELEC 342 SCRA 244 – BALANI
Ang Bagong Bayani vs COMELEC 359 SCRA 698 – CLARION
Pimentel Jr. vs HRET GR no. 147589 and 147613 – MUÑOZ
POWER TO SUPERVISE AND REGULATE FRANCHISE
Cases:
Telecommunications Broadcast Attorneys of the Phils., Inc. (TELEBAP) and GMA Network Inc. v.
COMELEC April 21, 1998 – LANDICHO
ABS-CBN vs COMELEC 323 SCRA 811, the SC defined – LUCAS
Social Weather Stations vs. COMELEC 357 SCRA 496 – MULIT
Bagong Bayani Labor Party v. COMELEC 359 SCRA 698 (June 26, 2001) – OSTAN

LIMITATIONS ON THE POWER OF THE PRESIDENT TO GRANT PARDON, AMNESTY,

PAROLE OR SUSPENSION OF SENTENCE

REGISTRATION OF POLITICAL PARTIES AND ENLIST CITIZENS ARMS (BP 881, Section
60-62)

REGISTRATION OF VOTERS

⎣ Suffrage may be exercised:

RA 8189 VOTERS REGISTRATION ACT/SALIENT FEATURES

What is the effect of the effectivity of RA 8189 to the current permanent list of voters?

WHAT IS REGISTRATION?

WHO MAY REGISTER?

REQUISITES WHEN NEW DOMICILE IS ACQUIRED BY CHOICE

Romuladez v. RTC 226 SCRA 402 – JIMENEZ

SEC. 8 - SYSTEM OF CONTINUING REGISTRATION OF VOTERS/CREATION OF

ELECTION REGISTRATION BOARDS

SEC. 9 – QUALIFICATIONS FOR REGISTRATION

SEC. 11 - DISQUALIFICATIONS:

WHEN DISABILITY REMOVED:

WHO ARE CONSIDERED ILLITERATE AND DISABLED VOTERS AND HOW DO THEY
REGISTER?

PROCEDURE FOR ILLITERATE APPLICANTS

PROCEDURE FOR DISABLED APPLICANTS

DEACTIVIATION, REACTIVIATION AND CANCELLATION OF REGISTRATION

JURISDICTION IN INCLUSION AND EXCLUSION CASES

Significance of Petitions for Exclusion

Cases:
Akbayan v. COMELEC March 26, 2001 - EDRALIN
De Guzman et. al. v. COMELEC July 19, 2000 - MONDEJAR

PRECINCT/POLLING PLACE/VOTING CENTER

ARRANGEMENT OF PRECINCTS

OFFICIAL BALLOTS, ELECTION RETURNS & BALLOT BOXES

(Form and Contents of ballots)

Emergency Ballots

Printing of official ballots and election returns

Requisition and Distribution

Ballot boxes

BOARD OF ELECTION INSPECTORS (now Electoral Boards)

a) Composition
b) DISQUALIFICATION
c) POWERS OF BEI (EB)
d) Voting privilege
ABSENTEE VOTERS

WATCHERS (Sections 178-180, OEC)

A) QUALIFICATIONS
B) RIGHTS AND DUTIES OF WATCHERS
C) OTHER WATCHERS

ELIGIBILITY OF CANDIDATES

COMMON QUALIFICATIONS:
Qualifications prescribed by law are continuing requirements and must be possessed for the duration
of the officer's active tenure. Once any of the required qualifications are lost, his title to the office may
be seasonably challenged.

Qualifications for President and Vice-President

Qualifications for the Batasang Pambansa-

Sectoral Representative

Youth Sectoral Representative

Residency Requirement

Term of Office

Local Elective Officials

SC TREATS RESIDENCE AS SYNONYMOUS WITH DOMICILE

Cases:
Coquilla v. COMELEC case - GAUDICOS
Romualdez-Marcos v. COMELEC 248 SCRA 301 (1995) – ALAMARES
Perez v. COMELEC 317 SCRA 640 - MAMAC
Torayno Sr., V. COMELEC 337 SCRA 574 - SANTOALLA
Nolasco vs COMELEC 275 SCRA 762 - ABELLA
Trinidad vs COMELEC 315 SCRA a75 - FERNANDEZ

CERTIFICATES OF CANDIDACY

FILING OF CERTIFICATE OF CANDIDACY

Mode of Filing:
Time of Filing:
Place of Filing

CONTENTS OF CERTIFICATE OF CANDIDACY

EFFECTS OF FILING OF CERTIFICATE OF CANDIDACY (Sec. 66 and 67)

Dimaporo v. Mitra, Jr. 202 SCRA 779, October 15, 1991 – EBUEZA
SUBSTITUTION OF CANDIDACY

QUESTION: May an independent candidate who has withdrawn from such candidacy,
then affiliate as party member of a political party, and is thereafter nominated to
substitute its candidate for mayor legally run as substitute candidate?

Sinaca v. Mula 315 SCRA 266 – GUERRERO

WITHDRAWAL OF CERTIFICATE
Cases:
RAMIREZ V. COMELEC – AMPARADO
Go vs COMELEC 357 SCRA 739 – ANCHETA
Dimaporo vs Mitra Jr. 202 SCRA 779 – ERUM

DISQUALIFICATION OF A CANDIDATE

BEFORE ELECTIONS

Under the OEC

1) HAS BEEN DECLARED BY COMPETENT AUTHORITY INSANE OR INCOMPETENT

2) GUILTY OF GIVING MONEY OR MATERIAL CONSIDERATION TO INFLUENCE,

INDUCE OR CORRUPT VOTERS OR PUBLIC OFFICIAL PERFORMING ELECTORAL
FUNCTIONS; THOSE WHO HAVE COMMITTED TERRORISM TO ENHANCE HIS
CANDIDACY, HAVING SPEND THE ELECTION CAMPAIGN MORE THAN REQUIRED
BY LAW P10.00/RV/P5.00

3) Sec. 69, a petition to abate a NUISANCE CANDIDATE

Jarilla v. COMELEC 232 SCRA 758 – LIBRE

4) A verified petition seeking to deny due course or to cancel a certificate of candidacy may be
filed by any person on the ground that the candidate made material misrepresentation in his
certificate of candidacy.

Cases:

Salcedo II v. COMELEC 312 SCRA 447 – CAYABAN

Coquilla vs COMELEC, Section 5 & & of RA 6646 – ABELLA
Abella v. COMELEC 210 SCRA 253 – GALOPE

GROUND FIOR DQ UNDER THE LOCAL GOVERNMENT CODE (SEC. 40)

(Qualifications of local elective candidates under the LGC was asked in the 1999 Bar)

1) THOSE SENTENCED BY FINAL JUDGMENT FOR AN OFFENSE INVOLVING MORAL

TURPITUDE OR FOR AN OFFENSE PUNISHABLE BY ONE YEAR OR MORE IMPRISONMENT,
WITHIN 2 YEARS* AFTER SERVING SENTENCE.

2) THOSE CONVICTED BY FINAL JUDGMENT FOR VIOLATING THE OATH OF ALLEGIANCE TO

THE REPUBLIC.

3) FUGITIVES FROM JUSTICE IN CRIMINAL AND NON-POLITICAL CASES

Case:
Marquez jr. v. COMELEC and Rodriguez 259 SCRA – PEREZ

4) THOSE REMOVED FROM OFFICE AS A RESULT OF AN ADMINISTRATIVE CHARGE

Cases:
Rodolfo E. Aquinaldo vs COMELEC 212 SCRA 768 – JOHAYR
Grego v. COMELEC 274 SCRA 481 – LEDESMA

5) PERMANENT RESIDENTS IN A FOREIGN COUNTRY OR THOSE WHO HAVE ACQUIRED THE

RIGHT TO RESIDE ABROAD AND CONTINUE TO AVAIL OF THE SAME RIGHTS AFTER THE
EFFECTIVITY OF RA 7160.
Case:
Caasi v. CA 191 SCRA 229 (1990) – SAMONTE

6) INSANE OR FEEBLE MINDED

7) THOSE WITH DUAL CITIZENSHIP (ALLEGIANCE)

Cases:

AZNAR V. COMELEC 185 SCRA 703 – MULIT

Labo Jr. V. COMELEC 176 SCRA 1 (1989) – FULGUERAS
MERCADO V. MANZANO G.R. NO. 135083 MAY 25, 1999) – HONTANOSAS

Dual Citizenship vs Dual Allegiance

Cases:
CIRILO VALLES V. COMELEC & LOPEZ G.R. #138000 AUGUST 9, 2000 – AMPARADO
Frivaldo v. COMELEC 174 SCRA 245 (1989) – CATUNGAL
Republic v. dela Rosa, 232 SCRA 785 – PENDATUN

8) THREE-term limit
Cases:
Adormeo v. COMELEC & Talaga – LEMENTE
Lonzanida v. COMELEC July 28, 1998 – ELMAN
Borja v. COMELEC September 3, 1998 – SANTOALLA

EFFECT OF DISQUALIFICATION CASES

Cases:
Perez v. COMELEC & Aguinaldo, supra – ECHIVERE
Bagatsing v. COMELEC 320 SCRA 220 – SORIANO

CAMPAIGN AND ELECTION PROPAGANDA

ELECTION PERIOD

CAMPAIGN PERIOD (excludes the day before and the day of the elections)

POLITICAL ADVERTISEMENT

FOR PRINTED AND BROADCAST MEDIA

GUIDELINES of POLITICAL ADVERTISEMENTS WHETHER BY PURCHASE OR

DONATION

1. PRINT ADVERTISEMENTS
2. TELEVISION/RADIO ADVERTISEMENTS

COMELEC TIME AND SPACE

LIMITATIONS IN BROADCASTING OF ELECTION ACCOUNTS

RESTRICTIONS ON MEDIA PRACTITIONERS

ELECTION SURVEYS

POSTING OF CAMPAIGN MATERIALS

CANVASSING BODIES

PROHIBITIONS ON THE BOARD OF CANVASSERS

JURISDICTION OF COMELEC OVER THE BOARD OF CANVASSERS

NATURE OF THE BOARD OF CANVASSERS’ DUTIES

PRINCIPLES GOVERNING CANVASS PROCEEDINGS

PREPARATION OF THE CERTIFICATE OF CANVASS AND STATEMENT OF VOTES

 APPRECIATION OF BALLOTS AND DISPOSITION OF ELECTION RETURNS

RULES IN THE APPRECIATION OF BALLOTS:

1) PRINCIPLE OF IDEM SONANS

2) BALLOTS WITH PREFIXES BEFORE THE NAME OF THE CANDIDATE IS VALID.
3) STRAY VOTE (NOT BALLOT)
4) MARKED BALLOT

Columbres v. COMELEC 340 SCRA 608 – MANGUDADATU

5) Excess Ballots
6) Spoiled Ballots
7) Equity of the Incumbent Rule
8) Neighborhood Rule

Certificate of Votes, Statement of Votes, Statement of Canvass

PROCLAMATION

Duties of Board of Canvassers

When proclamation void

Partial proclamation (Sec. 21, R.A. 7166)

Election Resulting in a Tie (Sec. 240, B.P. 881)

Proclamation of a Lone Candidate (R.A. 8295)

MODES OF CHALLENGING CANDIDACY

& ELECTION RESULTS

Pre-Proclamation Controversy

a) When not allowed

b) Issues that may be Raised
c) Issues that cannot be raised
d) Procedure
d.1) Questions involving the composition or proceedings of the board of canvassers, or
correction of manifest errors

d.2) Matters relating to the preparation, transmission, receipt, custody and appreciation
of the election returns and certificates of canvass

e) EFFECT OF FILING OF PRE-PROCLAMATION CONTROVERSY

f) EFFECT OF PROCLAMATION OF WINNING CANDIDATE

Cases:
Matalam v. COMELEC 271 SCRA 733 – MILITAR
Sandoval v. COMELEC 323 SCRA 407 – FEROLINO
Velayo v. COMELEC 327 SCRA 713 – LUCERO

SCOPE OF A PRE-PROCLAMATION CONTROVERSY (SEC. 242)

PETITION TO ANNUL OR SUSPEND PROCLAMATIO N

DECLARATION OF FAILURE OF ELECTION

DISQUALIFICATION CASES

ELECTION CONTESTS

A) Jurisdiction over election contests

 1. Supreme Court
2. Electoral Tribunals of the Senate and House of Representatives
3. COMELEC
4. Regional and Municipal Trial Courts

B) Powers of the COMELEC in relation to election contests

C) Kinds of election contests

D) Election Protest

EFFECT OF DEATH OF PROTESTANT

De Castro v. COMELEC, 267 SCRA 806 – JUMAMIL

E) Quo Warranto

ELECTION PROTEST and QUO WARRANTO

Ronald Allan Poe a.k.a FPJ vs. GMA PET Case No. 002 – CERNA

F) JURISDICTION OVER EP AND QW

1) Supreme Court
2) Senate Electoral Tribunal
3) HRET
4) COMELEC
5) RTC for municipal officials
6) MTC for barangay officials

G) PRINCIPLES COMMON TO ALL ELECTION CONTESTS:

H) EXECUTIONS PENDING APPEAL

Cases:
Malaluan v. COMELEC 254 SCRA 397 – PERTURBOS
Gutierrez v. COMELEC 270 SCRA 197 – RAGAZA
Camlian v. COMELEC 271 SCRA – LUCAS
Ramas v. COMELEC Feb. 10, 1998 – SISTUAL

EVIDENCE ON THE ELECTION

Election Returns:
Ballots
Poll-Books and Tally Sheets
Election Officials
Voters
Certificate of Votes

ELECTION OFFENSES

a) Jurisdiction over election offenses

b) Prosecution of election offenses
c) PREFERENTIAL DISPOSITION OF ELECTION OFFENSES

Election offenses

⎣ The various election offenses are enumerated primarily under Sec. 261 of B.P. 881. However,
other election laws provide for other election offenses. Some of the more significant offenses
include the following:

Registration
Certificate of Candidacy
Election Campaign
Voting
Counting of Votes
Canvassing
Acts of government or public officers
Coercion, intimidation, violence
Other prohibitions
Failure to register or vote

Penalties

For individuals
For a Foreigner
For a Political Party
Persons Required by Law to Keep Prisoners in their Custody

Prescription

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