ELECTION LAWS Suffrage vs.

Elections Suffrage Defined is the right of the people to vote in the election of all officers chosen by the people and in the determination of all questions submitted to the people. Nature and Source Constitutional basis Article II Section 2 and Article V Object and Scope Labo v. Comelec, 176 SCRA 1 (1989) Benito v. Comelec, 335 SCRA 436 (1994) Who may exercise suffrage? Who are not qualified to vote? Sec. 118, BP. Blg. 881 Different Theories 1. Natural Right Theory 2. Social Expediency Theory 3. Primitive Tribal Theory 4. Feudal Theory 5. Ethical Theory Suffrage is both a right and a privilege Lacson vs. Posadas 72 SCRA 468; People vs. Corral 62 Phil 945 Elections Defined - it is a means by which people choose their officials for a definite and fixed period and to whom they entrust for a time being, as their representatives, the exercise of the powers of government Kinds 1. General 2. Special System of Elections adopted in the Philippines Australian Ballot System which was first conceived by Francis S. Dutton in 1901 Laws Governing Phil. Elections

B.P. Blg. 881 December 3, 1985 R.A. No. 6636 November 6, 1987

Omnibus Election Code Of The Philippines An Act Resetting The Local Elections From November 9, 1987 To January 18, 1988, Amending For This Purpose Executive Order Numbered Two Hundred And Seventy The Electoral Reforms Law Of 1987 Code Of Conduct And Ethical Standards For Public Officials And Employees An Act Providing For The National And Local Elections In 1992, Paving The Way For Synchronized And Simultaneous Elections Beginning 1995, And Authorizing Appropriations Therefor An Act Providing For Synchronized National And Local Elections And For Electoral Reforms, Authorizing Appropriations Therefor, And For Other Purposes Party-List System Act An Act Authorizing The Commission On Elections To Conduct A Nationwide Demonstration Of A Computerized Election System And Pilot-Test It In The March 1996 Elections In The Autonomous Region In Muslim Mindanao (ARMM) And For Other Purposes The Voters Registration Act Of 1996 An Act Authorizing The Commission On Elections To Use An Automated Election System In The May 11, 1998 National Or Local Elections And In Subsequent National And Local Electoral Exercises, Providing Funds Therefor And For Other Purposes An Act Providing For The Date Of The Regular Elections Of Regional Governor, Vice-Governor And Members Of The Regional Legislative Assembly Of The Autonomous Region In Muslim Mindanao (ARMM) Further Amending For The Purpose Republic Act No. 7647 Entitled "An Act Providing For The Date

R.A. No. 6646 January 5, 1988 R.A. No. 6713 February 20, 1989 R.A. No. 7056 June 20, 1991

R.A. No. 7166 November 26, 1991

R.A. No. 7941 March 3, 1995 R.A. No. 8046 June 7, 1995

R.A. No. 8189 June 11, 1996 R.A. No. 8436 December 22, 1997

R.A. No. 8746 March 4, 1999

Of Regular Elections For Regional Governor, Regional Vice-Governor And Members Of The Regional Legislative Assembly Of The Autonomous Region In Muslim Mindanao And For Other Purposes", As Amended, And For Other Purposes R.A. No. 8753 September 8, 1999 An Act Resetting The Regular Elections For The Elective Officials Of The Autonomous Region In Muslim Mindanao Provided For Under Republic Act No. 8746 And For Other Purposes An Act Resetting The Regular Elections For Elective Officials Of The Autonomous Region In Muslim Mindanao To Coincide With The General Elections To Be Held On The Second Monday Of May 2001 Fair Election Act

R.A. No. 8953 September 1, 2000

R.A. No. 9006 February 12, 2001

R.A. 6739 (March 19, 1997) Initiative and Referendum Act R.A. No. 9189 (2003), The Overseas Absentee Voting Act R.A. 8436 (December 22, 1997) Automated Elections amended by RA 9369 (January 23, 2007) R.A. 9525 (March 20, 2009) supplemental appropriations for automated Elections Interpretation of election laws ? Election laws are liberally and equitably construed to give fullest effect to the manifest will of the people, for in case of doubt political laws must be interpreted to give life and spirit to the popular mandate freely expressed through he ballot otherwise stated legal niceties and technicalities cannot stand in the way of the sovereign will of the people. Frivaldo vs. COMELEC June 28 1996 GR 120295 Commission on Elections a. Composition and qualifications of Commissioners Article IX-C, Section 1(1) Article VII, Section 13 par. 2 b. Appointment, term of office and decisions Article IX-C, Section 1(2) c. Appointment of personnel - Article IX-A, Section 4 d. Salary - Article IX-A Section 3; Article XVII, Section 17

e. Disqualification - Article IX-A, Section 2 f. Impeachment - Article XI, Section 2 POWERS OF THE COMELEC 1. Enforce election laws - Article IX-C, Section 2(1) ; Id Sec. 10 A) Declare failure of elections Who has the authority to declare a failure of elections? In Antonio vs. COMELEC 32 SCRA 310 the Sc ruled that it is the courts and the proper electoral tribunal who are clothed with the authority to declare a failure of elections because it involved it involved the power to decide election contests. BUT SEE BILIWANG VS. COMELELEC [1982] WHERE THE SC RULED THAT THE COMLEC HAS THE AUTHORITY TO ANNUL THE ENTIRE MUNICIPAL ELECTION ON THE GROUND OF POST ELECTION TERRORISM NOT ON THE BASIS OF THE EXPANDED JURISDICTION OF THE COMELEC BUT ON THE BROADER POWER OF THE COMMISSION TO PROTECT THE INTEGRITY OF THE ELECTION SO THAT THE WILL OF THE PEOPLE IS NOT DEFEATED. B) C) D) E) o o o o o o o Order Manual recount of votes counted under an automated elections Call for holding of special elections Deny due course or cancel a certificate of candidacy Correct manifest errors in the certificate of canvass or election returns

Brillantes v. Comelec, G.R. No. 163193. June 15, 2004 Typoco v. Comelec, G.R. No. 136191, Nov. 29, 1999 Loong v. Comelec, G.R. No. 133676, April 14, 1999 Pangandaman v. Comelec, G.R. 134340, Nov. 25, 1999 Domino v. Comelec, G.R. No. 134015, July 19, 1999 Sandoval v. Comelec, G.R. No. 133842, January 26, 2000 Al Haj v. Comelec, G.R. 151046, February 5, 2002

2. Decide administrative question pertaining elections, except the right to vote. Article IX, Section 2(3) o o Guevarra v. Comelec, 104 Phil 269 (1968) Jaramilla v. Comelec, G.R. No. 155717, October 23, 2003

Petition for inclusion or exclusion of voters - Article IX-C, Section 2(6) 3. Prosecution election law violators - Article IX-C, Section 2(6)

EO 134, Section 11, February 27, 1987 o De Jesus vs. People, 120 SCRA 760 (1983) o People vs. Judge Inting, 187 SCRA 788 (1990) o Baytan v. Comelec, G.R. No. 153945, February 4, 2003 4. Recommend pardon, parole or suspension of sentence of election law violators. Article IX-C, Section 5 5. Deputize law enforcement agents, etc Article IX-C, Section 2(4) Id., Section 2(8) People v. Judge Basilia, 179 SCRA 87 (1989) 6. Registration of political parties, organization/coalitions and accreditation of citizens' arms - Article IX-C, Section 2(5) Registration under the party-list Article IX-C, Section 6 Id, Section 7; Id., , Section 8 Article VI, Section 5(2) Article XVIII, Section 7 7. Regulation of public utilities and media of information Article IX-C, Section 4Id., Section 9 UNIDO vs. Comelec, 104 SCRA 17 (1981) 8. Decide election contest and cases Article IX-C, Section 2(2) Id., Section 3 Sebastian vs. Comelec, G.R. No. 139573, March 7, 2000 All Election cases shall be first heard and decided in division, provided that motion for reconsideration shall be decided en banc Cases that must first be heard and decided in division: All election cases, including pre-proclamation contest under its original jurisdiction; Petition to cancel a certificate of candidacy; Cases appealed from the RTC or MTC; Petition for certiorari filed before the commission from decision of the RTC or MTC before the same may be heard en banc.

Exceptions: Petitions for corrections of manifest error in the tabulation or tallying of votes Cases of violation of election laws involving the exercise of administrative functions;

SUMMARY OF RULES DURING ELECTIONS Casting of Votes Challenge to illegal voters Records of Challenges AFTER ELECTIONS Counting of votes BEI Appreciation of ballots Election Returns Announcement of Results Issuance of /Certificate of votes Canvass and Proclamation Pre-proclamation Controversy Election Protests Jurisdiction of cases Election offenses Appeal

BEFORE ELECTIONS Registration Challenge Inclusion/Exclusion Voters Qualification & Disqualifications Certificate of Candidacy Precincts and Polling places Ballot Boxes Political Parties Election Campaign, expenditures and propaganda

TIME OF ELECTIONS For national officials President and Vice-President Art. XVIII, sec. 5 Art. VII, sec. 4, Ibid Senators and Congressmen Art. XVIII, secs. 1 and 2, Ibid. Art, secs. 4, 7 and 8 Ibid. For local officials Art. XVII, secs 1 and 2, Ibid Art. X, sec. 8 Ibid R.A. 6679, sec. 1 Election and Campaign Periods Election Period- Art. IX-C, sec. 9, Ibid Campaign Periods- BP Blg. 881, sec. 3 Postponement of Elections BP Blg. 881 sec. 5 R.A. 6678, sec. 2

1. 2. 3. 4.

Grounds for postponement Notice and Hearing Date of postponed elections Failure of Elections Reasons for failure Notice and Hearing Date failed elections are to be held BP Blg. 881, sec. 6 RA 6679, sec. 2 Biliwang vs. COMELEC, 114 SCRA 454 [1982] Gachitorena vs. Crescini, 39 Phil. 258 [1918] Dipatuan v. Comelec, 185 SCRA 86 (1990) GAD v. Comelec, 150 SCRA 665 (1990 Mitmug v. Comelec, 230 SCRA 54

VACANCIES When an office is considered vacant

1. Vacancies in the office of the President and Vice President At the beginning of the term Art. VII, sec 7 1987 Constitution 2. After the office has been initially filled Art. VII, sec. 8 Ibid. In the office of the President Art. VII sec. 9, Ibid. Procedures for calling of official elections Art. VII, sec. 10

3. Vacancies in Congress Art. VI, sec. 9, Ibid R.A. No. 6645 (Dec. 28, 1987) 4. Vacancies in Local Governments R.A. 7160, secs. 44-46 Grapilon vs. Mun. Council of Carigara, 2 SCRA 103 [1961] Paredes vs. Antillon, 3 SCRA 662 [1961] Effect of failure to assume office BP Blg. 881, sec. 11 Disqualification to hold office Sec. 12, BP Blg. 881

CANDIDACIES AND ELIGIBILITY OF CANDIDATES Definitions Candidate Maquera v. Borra, 15 SCRA 7 (1965) Certificate of Candidacy Necessity for Certificate of Candidacy Sec. 73, BP Blg. 881 Requisites for valid certificate of candidacy 1. It must conform to the requirements of sec 74, Ibid 2. It must duly sworn to by the candidate sec. 73, Ibid 3. It must be filed within the time fixed by law. Sec. 75, Ibid Yason vs. Comelec, 134 SCRA 371 [1985] Contents of Certificate Sec. 74, BP Blg. 881 Withdrawal of Certificate of Candidacy Sec. 73(2), Ibid Vivero vs. Comelec, G.R. 81059, Jan 12, 1987 Ministerial duty of receiving and acknowledging receipts Sec. 76, BP Blg. 881 Abcede vs. Imperial, 103 Phil. 136 [1958] Substitute Candidacies Sec. 77, Ibid Pontawe vs. Comelec, 136 SCRA 10, [1985] Domingo vs. City Board of Canvassers, G.R. 105365, June 2, 1992 Villanueva v. Comelec, 140 SCRA 352 Effect of Double Filing Sec. 73 (3), BP Blg. 881 Ramirez vs. Comelec GR 81150, Jan. 12, 1988 Petitions to oppose certificate of candidacy Sec 78 BP Blg. 881 Marcos v. Comelec, 248 SCRA 300 Aquino v. Comelec, 248 SCRA 400 Effect of Lack of or defective certificates Nico vs. Blanco, 81 Phil. 2114 [1948] De Guzman vs. Board of Canvassers, 48 Phil. 211 [1925] Effect of filling certificate of candidacy Persons holding public appointive offices Sec 66 BP Blg. 881 Sanciangco v. Rono, 137 SCRA 671 PNOC-EDC v. NLRC, 222 SCRA 831 Nicolsora v. Comelec, G.R. 85400, April 26, 1990 Elective officials Sec 67 BP Blg. 881 Flores v. Comelec, 184 SCRA 484 Salaysay v. Castro, 98 Phil. 364 Disqualification Sec 68 and 72, Ibid Sec. 40, R.A. 7160

Marquez v. Comelec, 243 SCRA 538 Rodriguez v. Comelec, 191 SRA 296 Caasi v. Comelec, 191 SCRA 229 Dela Torre v. Comelec, 258 SCRA 483 Nuisance Candidates Sec 69 Ibid Fernandez vs. Fernandez, 36 SCRA 1 [1970] Gonzales vs. Comelec, GR 78217, May 5, 1987 Tajanan v. Comelec, GR. 10443, April 13, 1992 Guest Candidates Sec. 70 BP Blg. 881 Changing political party affiliation Sec. 71 Ibid Eligibility of candidates Sec. 2 and 3, Art. VII, 1987 Constitution Sec. 3 Art. VI Ibid Sec 6 Art. VI Ibid Sec 42 Art. VI Ibid RA 6644 (December 28, 1987) COMELEC v. Miguel, G.R. 84508, Nov. 8, 1990

CAMPAIGN AND ELECTION PROPAGANDA Scope 1. 2. 3. 4. 5. of Election Campaign Forming organizations to solicit votes Holding political assemblies Making speeches Publishing campaign literature Soliciting votes, pledges and support

Exceptions For nomination purposes Sec. 80 Ibis Participation of foreigners disallowed Sec. 81, Ibid Lawful election Propaganda Sec. 82, BP 881 But see sec. 3 of E.O. 270 as amended by R.A 66636 Comelec Res. 1941 Removal of lawful propaganda prohibited Sec. 83, Ibid Requirement for published and printed propaganda Sec. 84, Ibid Prohibited propaganda

Sec. 85, Ibid Mutuc vs. Comelec, 36 SCRA 228 [1970] Regulation of Mass Media 1. Sale of Airtime on radio and TV 2. Requirement of registration of print propaganda 3. Ban on granting of franchises Sec. 86, BP Blg. 88 PPI v. Comelec, 244 SCRA 272 Adiong v. Comelec, 207 SCRA 712 NPC v. Comelec, 207 SCRA 1 TELEBAP v. Comelec, 289 SCRA 337 Sanidad v. Comelec, Jan. 29, 1990 Holding of rallies Secs. 87 and 88 Ibid Transportation, food and drinks Sec. 89 Ibid People vs. Ferrer, 101 Phils 234 [1957] Comelec Space and Time Secs. 90 and 92 Ibid Comelec Poster Area Sec 91 Ibid Sec. 3, E.O. 270 as amended RA 6626; Comelec Res. 1941

ELECTORAL CONTRIBUTIONS AND EXPENDITURES Contributions Expenditures Sec. 94, Ibid Those prohibited from making contributions Sec. 95, Ibid Halili v. Comelec, 83 SCRA 633 Prohibition on soliciting or receiving contributions from foreign sources Sec. 96, Ibid Performance for the purpose of raising funds prohibited Sec. 97, Ibid Requirement for contributions Use of true name Sec. 98, Ibid Filing of reports with Comelec Sec. 99 Ibid

Limitations of expenses of candidates and Political parties Secs 100 and 101, Ibid Purpose of the limitation Expenditures must be with the consent of the candidate Lawful Expenditures Sec. 102, Ibid Who may incur election expenditures Sec. 103, Ibid Prohibited Donations Sec. 104 Ibid Duty to keep records of contributions and expenditures Sec. 106, Ibid Statement of contributions and expenditures Secs. 107 and 111, Ibid Sec. 14, R.A. 7166 Pilar v. Comelec, G.R. 115245, July 11, 1995 Reports of contractor and business firm Sec. 111, Ibid

REGISTRATION OF VOTES General registration of voters Sec. 7, R.A. 8189 System of continuing Registration Sec. 8, Ibid Necessity for Registration Sec. 4, 115, B.P. 881 Purpose of registration law YRA vs. Abano, 52 Phil. 38 [1928] Who may be registered? Sec. 116 BP Blg. 881 Qualifications of a voter Sec. 117 BP Blg. 881 Disqualifications Sec. 118, Ibid

Election Registration Board Sec. 15, RA 8189 Illiterate and disabled applicants Sec. 14,, Ibid Challenge of the right to register Sec. 18, Ibid Deactivation of Registration Sec. 27, RA 8189 Reactivation of Registration Sec. 28, Ibid Preparation and Posting of Certified List of Voters Sec. 30, RA 8189 Inclusion and Exclusion proceedings

PRECINTS AND POLLING PLACES Precincts defined Sec. 149 BP Blg. 881 Arrangement of Election Precincts Sec. 150, Ibid Polling Place Defined Sec. 152 Ibid Requirements for polling places Secs 154 to 157, Ibid Voting Booths Sec 158, Ibid Purpose Guard Rails Sec. 159, ibid Ballot Boxes Sec. 160, Ibid Tally Board Sec. 161, Ibid

BOARD OF ELECTION INSPECTORS Composition and Appointment Sec. 166, Ibid

 Powers Sec. 168, ibid Filling of Vacancies Sec. 171, Ibid RA 6679, Sec. 10 Proceedings Sec. 172, BP Blg. 881 Prohibition of Political Activity Sec. 173, Ibid WATCHERS Persons entitled to watchers; qualifications Sec. 178, Ibid Rights and duties of watchers Sec. 179, Ibid Watchers of citizens arms

OFFICIALS BALLOTS AND ELECTION RETURNS Requirements for official ballots Sec. 181, Ibid Emergency Ballots Sec. 182, Ibid Printing of Official ballots and Election Returns Sec. 184, Ibid CASTING OF VOTES Voting Hours Sec. 190, Ibid Voting preliminaries Sec. 191, Ibid Who are allowed in and around polling places Sec. 192, Ibid Manners of Obtaining Ballots Sec. 194, Ibid Manners of Preparing the Ballots Sec. 195, Ibid For illiterate and disabled persons Sec. 196, Ibid Spoiled Ballots Sec. 197, Ibid Procedure after preparation of ballots Sec. 198, Ibid Bautista v. Castro, 206 SCRA 305 (1992) Challenge of illegal voters Sec. 199 to 202, Ibid

COUNTING OF VOTES Counting to the public and without interruption Sec. 206, Ibid Disposition of excess ballots Sec. 207, Ibid Marked ballots Sec. 208, Ibid Ingeto v. Court of Appeals, 21 SRA 1015 (1967) Manner of Counting Votes Sec. 210, Ibid Rules for Appreciation of Ballots Sec. 211, Ibid Election Returns Sec. 212, BP Blg. 881 Mandac vs. Samonte, 49 Phils 248 [1926] Proclamation of Results Sec. 213, Ibid Disposition of Election Returns Sec. 214, Ibid Certificate of Votes Sec. 215, Ibid The doctrine of statistical improbability Lagumbay vs. Comelec, 16 SCRA 175 [1967] Sinsuat v. Pendatun, 33 SCRA 630 Rules abandoned by the automation law 1. Idem sonans 2. Neighborhood Rule 3. Rule of the incumbent CANVASS AND PROCLAMATION Canvass defined Board of Canvassers Sec. 221, BP Blg. 881 Relationship with candidate and other members Sec. 222, Ibid Vote Required Sec. 225, Ibid Supervision and Control Sec. 227, Ibid Safekeeping of transmitted returns Sec. 230, Ibid Canvass Proper Sec. 231, Ibid Delayed, Lost or Destroyed Returns Sec. 223, Ibid

Ong v. Comelec, 221 SCRA 475 Patoray v. Comelec, 249 SCRA 440 Lucero v. Comelec, 234 SCRA 280 When Election Returns appear to be tampered with or falsified Sec. 235, Ibid Canvass of remaining or unquestioned returns to continue Sec. 238, Ibid Samad v. Comelec, 2224 SCRA 631 Watchers Sec. 239, Ibid Sec. 26, RA 7166 Quilala v. Comelec, 188 SCRA 902 BOARD OF CANVASSERS FOR EACH PROVINCE, CITY, MUNICIPALITY AND DISTRICT OF METROPOLITAN MANILA (Sec. 221, B.P. 881) PROVINCIAL BOARD OF CANVASSERS CITY BOARD OF CANVASSERS DISTRICT BOARD OF CANVASSERS OF METROPOLITAN MANILA MUNICIPAL BOARD OF CANVASSERS

1. Chairman: Provincial Election Supervisor or a senior lawyer in the regional office of the commission. 2. Vice-Chairman: Provincial Fiscal 3. Members: (a) Provincial Superintendent of Schools. (a) One representative from each of the ruling party and the dominant political party in the constituency concerned to be represented.

1. Chairman: City 1. Chairman: Election Registrar of Lawyer of the a lawyer of the Commission. commission. 2. Members: 2. Members: (a) Ranking (a) City Fiscal Fiscal in the district. (a) Acting Superintendent (a) Most senior of Schools. district school supervisor to be (c) One appointed upon representative consultation of from each of the the Ministry of ruling party and Justice and the dominant DECS. political party entitled to (c) One represented. representative from each of the ruling party and the dominant opposition political party in the

1. Chairman: Election registrar or a representative of the commission. 2. Vice-Chairman: Municipal Treasurer 3. Members: (a) Most senior district school supervisor, or in his absence, a principal of school or the elementary school. 4. Substitute Members: (a) Municipal administrator, Municipal Assessor, Clerk of Court

constituency concerned.

nominated by the Executive Judge, or any other available appointive municipal officials.

PRE-PROCLAMATION CONTROVERSIES Defined Sec. 241, Ibid Jurisdiction over Pre-proclamation controversies Sec. 243, Ibid Chavez v. Comelec, 211 SCRA 315 Ong v. Comelec, 216 SCRA 826 Pangilinan v. Comelec, 228 SCRA 36 Villegas v. Comelec, 99 SCRA 582 Alfonso v. Comelec, 232 SCRA 777 Ututalum v. Comelec, 187 SCRA 384 Arroyo v. HRET, 246 SCRA 384 Procedure for contesting Secs. 244 and 245, Ibid Bince v. Comelec, 242 SCRA 273 Castromayor v. Comelec, 250 SCRA 298 Sardea v. Comelec, 225 SCRA 374 Duremdes v. Comelec, 178 SCRA 746 Sarmiento v. Comelec, 212 SCRA 307 Verceles v. Comelec, 214 SCRA 159 Summary Proceedings Sec. 246, Ibid Partial Proclamation Sec. 247, Ibid

ELECTION CONTESTS Jurisdiction Presidential Elections Art. VII sec. 4, par 7 Santiago v. Ramos, P.E.T. Case No. 001, February 13, 1996 Congressional Elections Art. VI Sec. 17 Angara vs. Electoral Commission, 63 Phil. 139 [1936] Tanada vs. Cuenco, 103 Phil. 1051 [1957] Regional, Provincial and City Elections Sec. 250, BP Blg. 881 Municipal Elections Sec. 251, Ibid

Papandayan v. Comelec, 230 SCRA 469 Barangay Elections Sec. 252, Ibid Regatcho v. Cleto, 126 SCRA 342 Quo Warrant Proceedings Sec. 253, Ibid Ortega v. Comelec, 211 SCRA 297 Appeals Sec. 256, Ibid Relampagos v. Cumba, 243 SCRA 690 Edding v. Comelec, 246 SCRA 502 Certificate of Forum Shopping Loyola v. CA, 245 SCRA 477 Tomarong v. Lubguban, 269 SCRA 624 Death of Parties to a Protest De La Victoria v. Comelec, 199 SCRA 561 Unda v. Comelec, 190 SCRA 827 De Castro v. Comelec, 267 SCRA 806

ELECTION OFFENSES Prohibited Acts Sec. 261 to 269, Ibid Vote Buying Sec. 28 RA 6646 Lozano v. Martinez, 203 SCRA 256 Appointment of New Employees Ong v. Martinez, 188 SCRA 830 Transfer of Government Employees People v. Reyes, 247 SCRA 328 Carrying Deadly Weapons Mappala v. Nunez, 240 SCRA 600 Unauthorized Entry in Polling Place Comelec v. Romillo, 158 SCRA 716 Jurisdiction over Election Offenses Naldoza v. Lavilles, A. M. no. MTJ-94-1009, March 5, 1996 ELECTION PROTEST QUO-WARRANTO

1. It is strictly a contest between the 1. It refers to questions of disloyalty or defeated and winning candidates, ineligibility of the winning candidate. It based on grounds of election frauds or is a proceeding to unseat the ineligible irregularities, as to who actually person from office, but not to install obtained the majority of the legal votes the protestant in his place. and therefore is entitled to hold the office. 2. It can only be filed by any voter. It is for this reason that it is not considered 2. It can only be filed by a candidate who a contest where the parties strive for

has duly filed a certificate of candidacy and has been voted for. 3. A protestee may be ousted and the protestant seated in the office vacated.

supremacy. 3. While the respondent may be unseated the petitioner will not be seated. (Luison vs. Garcia, 103 Phil. 453 [1958])

Additional cases for reading 1. Baytan et al vs. COMELEC-G.R. No. 153945 February 4, 2003 2. Alauya Jr. Vs. COMELEC-G.R. No. 152151-52 January 22, 2003 3. Ampautan et al. vs. COMELEC et al. G.R. No. 149803 January 31, 2002 4. Utto vs. COMELEC et al. GR No. 150111 January 31, 2002 5. Cawasa et al. vs. COMELEC GR No. 150469 July 3, 2002 6. Coquilla vs. COMELEC GR No. 151914 July 31, 2002 7. Navarro vs. COMELEC GR No. 150799 February 3, 2003 8. Quintos vs. COMELEC et al GR No. 149800 November 21, 2002 9. Codilla vs. de Venecia et al. December 10, 2002 10. Papandayan Jr. vs. COEMLEC et al. GR. No. 147909 April 16, 2002. 11. ROBERTO ALBAA, KATHERINE BELO, GENEROSO DERRAMAS, VICENTE DURAN, RICARDO ARAQUE, MERLINDA DEGALA, GABRIEL ARANAS, ERNESTO BITOON and JUVIC DESLATE, vs PIO JUDE S. BELO, RODOLFO DEOCAMPO and LORENCITO DIAZ, G.R. No. 158734 October 2, 2009 12. ALVIN B. GARCIA vs. COMMISSION ON ELECTIONS and TOMAS R. OSMEA, G.R. No. 170256 January 25, 2010