Pre-proclamation controversy (after counting and before proclamation ) You can raise questions relating to; 1.

Legality of the composition of the board- if the composition is illegal or against the law you can question that. 2. Legality of the proceedings of the board non issuance of notice of convening of the board, copy of returns is not shown. 3. Preparation, transmittal and receipt and custody of the election returns spurious, incomplete,

235 and 236 of the election code. Issues you can raise in pre-proclamation controversy SOP- statements of vote(bases of certificate of canvass) Biao case Complained after canvassing that there is irregularities in the canvassing, the board resolved to deny it because the nature of canvassing is summary and ministerial. He should have objected at the time that the returns are opened not after otherwise the purpose of the summary will be defeated. Chavez CaseMelchor Chavez was disqualified but other schools have no knowledge of his disqualification, at the time of the canvassing Chavez objected because there are mistakes in the canvassing at the prescents. Ruled against him and reached SC. SC stated thus: Reappreciation of the ballot is not a ground for pre-proclaimation controversy, election law states that national candidates (president, v-pres, senators) are excluded from pre-proclaimation controversy in so far as the returns are concern only the local candidates, however you can object in connection with the legality of the composition of the board of the proceeding. Makata case Technical examinations of the thumb marks of voters is not a ground for pre-proclamation controversy, you must raise it at the precinct if you have not raised it while it was overruled then you can file a election protest. How about on the opening of the ballots, if there was vast irregularity, snatching of ballots, etc, can it be opened during canvassing? NO, the only instance you can open a ballot box if there is

return and it was opened, the other party objected of the authenticity of the return prepared. So the board upon notice to the parties and authority from the COMELEC may open a ballot box because there contains a return which will be used. The result of the objected return is material to the determination of the winner. In case of fake results, the return is different, then notify the parties and ask authority from the comelec, they may recount the ballots inside the ballot box to determine the result of that precinct.

The rule of the board is to determine if the return appears authentic. If it appears authentic they have no choice but to accept it, they cannot go beyond on how it was prepared. Exception if, on the face of the election return you can determine serious irregularities like in the case of Lagumba vs. Comelec , the result of liberal party of the senators is straight and nationalistas are zeros equal to the registered voters per present, based from the face of the results of the returns it is manufactured. Statistical improbabilities serious material defects (no signature of the BI on the returns) then it is a ground to take a look as an exemption to the rule. If material facts are not on the return or on the face there are lots of irregularities then such return may be excluded. Loong vs. comelec If the ground is Pre-proc you cannot go beyond the return, instances that the board can investigate terrorism, fraud,violent that goes beyond to the preparation of this return is when you file a PETITION OF DECLARATION OF FAILURE OF ELECTION or ANNULMENT OF PROCAIMATION. Sec. 15 of R.A. 7166 Exception on pre-proclamation: national candidates can only raise Petition for correction of manifest error that the election return manifest error (100 votes but the figure is 1000) Castra mayor case After the canvassing by the canvassing board, number 8 was Castra Mayor and number 7 Garen. Nasayop ang ihap by 58 votes in favour of Castra mayor, supposedly Castra mayor should have not been included. What is the remedy? File a petition of annulment of proclamation because the proclamation is void because it is based on an erroneous tabulation. Can the COMELEC reconvene and reploclaim? YES. Comelec is given the power to continue to determine whether the counting was proper.Since there is no need to accept any other

evidence which is normal in the electoral protest, but according to the face of the of statements of votes and certificate of canvass it is part of the administrative power of the board. Error in arithmetic and not error in election. It is within the power of COMELEC to order the reconvening of the board, nullifying the proclamation and proclaim the correct winner. (Compostila case) Usually if proclaimed, COMELEC loses jurisdiction you should file an election protest, it is an exception to such rule if there is a VOID proclamation because of erroneous tabulation. R.A 9369 (Automation law, amended Sec 15 of R.A. 7166) Sec 30 (blah blah blah) READ. National candidates can object on additional grounds: COC manifests errors (authenticity of the COC) -No thumb marks and not duly signed to COC - COC does not contain all the names of the candidates -there is a discrepancy on the authenticity of the copies of the COC and on the statements of votes -discrepancy of votes in figures and in words

If those four grounds are apparent in the preparation in certificate of canvass that is a new ground for the national candidates to upheld proclamation controversy. Who can raise pre-proclamation controversy? Only Local candidates except manifest error, additional grounds that national officials can object even the on the proclamation in the nature of pre-proclamation controversy in those instances. After proclamation, comelec loses jurisdiction except in ________ Where you go? Go to electoral tribunal or courts if applicable ELECTORAL TRIBUNAL CANVASSING BOARD Electoral tribunal Handle and DECIDES all electoral contest(quo warranto or electoral protest) and proclaim winners -the function of the electoral court only happens after the canvassing board have proclaimed. Where you file your electoral contest (electoral tribunal)

Against Presidential or V-pres file at Presidential Electoral tribunal (SC) no appeal Senators file at Senate electoral tribunal file a petition of certiorari at SC (appeal) HR file at HRET petition for certiorari at SC (appeal) Regional, provincial and city positions file at COMELEC

from division file a motion for recon at en banc, from en banc file a motion for certiorari to the comelec (rule 65) (appeal)

Munipal positions file at RTC ,appeal directly to comelec Barangay MTC, appeal diraectly to COMELEC

Canvassing board - canvass or tallying the votes and proclaiming the winners

Municipal / City canvassing board city and municipal officials Provincial CB governor, vice-governor and provincial board member Comelec en banc acting as a national canvassing board-Senators Congress acting as a canvassing board-(president and v-pres)

Bondoc vs. Pineda Representative removed by his co-parties on HRET. Does Sc have jurisdiction over HRET if it is the sole body. Sc has no jurisdiction to determine a cause of action but due to its expanded judicial power to review exercise of that jurisdiction and grieve abuse of discretion. Rule 65, certiorari. Remedy- electoral contest:

ELECTION PROTEST QUO WARRANTO Election protest: Grounds: irregularity in conduct of election, fraud in casting, voting and counting, vote buying, appreciation of ballots Who can file? The party who lost the election Effect: he can occupy the position Quo warranto: Grounds: eligibility of the winner, disloyalty to the constitution

Eligibility: resident issues, age, citizenship Who can file? Any registered voter in that district or place, political party of the candidate or the candidate himself. Effect: Those who filed or protested cannot occupy the prostested position but succession will apply or special election will take place. Effect of death of the protestant of a pending electoral protest, will the case be dismissed? NO because election is imbued with public interest what is paramount is the determination of the real winner. In fact it can even be substituted by the one who will gain interest. ( Fernando Poe case Loren Legarda should have been the substitute not Susan Rocess) Can the electoral tribunal count the votes of those positions not filed in the protest? NO. Only those contested positions may be recounted even if it shows that the other positions are not properly counted. Appeal: Election contests MTC and RTC COMELEC Presidential tribunal no appeal Senatorial tribunal SC Can a winner of a protest assume office? Yes, for an instance you won on RTC and there is a pending appeal, you can ask the court for you to assume office through writ of execution for the reason of public policy. On the other hand, the other party may file an appeal with injunction at COMELEC for a provisional remedy of injunction to enjoin/ stop the implementation of the writ of execution by the RTC, the COMELEC has the power to grant provisional remedies in exercise of its appellate jurisdiction . Failure of election-there is election, comelec cannot declare moto proproio there should be a verified petition because there is already an election and somebody have already won. 1. Massive violence, terrorism, force majure etc. Postponement- no election yet. The comelec can cancel or rescind the election Election offenses: acts prohibited accdg to elec. Code, a special penal law, pertains to acts committed during election period

One new offense: electoral sabotage (not found in election code) *dagdag bawas New automation law Acts: -When members of the board will alter the results of the elec. that one party will become a winner by adding at least 10k votes, the loser becomes the winner -alter the votes in single doc at least 5k votes (per election canvass) Penalty: life imprisonment File cases for violation of election code and new automation law, for preliminary investigation at the commission of election or with the prosecuting agencies of govt. the Dept. of justice(concurrent jurisdiction) to determine if there is a probable cause then file a criminal indictment at RTC (exclusive jurisdiction) If the case refers to failure to register or vote, file it at COMELEC or MTC being a special offense being an obligation. Prescriptive period: 5 years Read: ELECTION OFFENSES on book Summary Before election- registration of voters, political parties Actions: deny due course, declare nuisance, petition to disqualify During election/ before proclamation (file pre-proclamation controversy) Manual- object at the precinct if it is about the counting Petition to annul proclamation because it is void proclamationbased on erroneous tabulation

After proclamation File Election contest (quo warranto or election protest) File for Violation of election code (election offenses)