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ATENEO ELECTION LAW 2008

GENERAL PRINCIPLES

accompaniment of citizenship; it is granted

only upon the fulfillment of certain minimum
conditions.

Sources of Philippine election law

Scope of suffrage

The election laws of the Philippines are

contained in the following:

1987 Constitution
BP 881 (Omnibus Election Code)
RA 6646 (Electoral Reforms Law of
1987)
RA 6679 (Barangay Elections)
RA 6735 (Law Providing for Initiative
and Referendum)
RA
7166
(1991
Synchronized
Elections Law)
RA 7941 (Election of Party-List
Representatives)
RA 8189 (Continuing Registration)
RA 8436 (Automated Election System)
RA 8524
RA 9006 (Fair Election Act of 2001)

THEORY OF POPULAR SOVEREIGNTY

Art. II, Sec. 1 1987 Constitution:
The Philippines is a democratic
and
republican
state.
Sovereignty resides in the
people and all government
authority
emanates
from
them.
A
democratic
and
republican
government derives all its powers, directly or
indirectly, from the people at large. Its essence
is indirect rule. Actual sovereignty is exercised
by the people by means of suffrage.
Suffrage defined
Suffrage is the right and obligation of
qualified citizens to vote:
(1) in the election of certain national
and local officials, and
(2) in the decision of public questions
submitted to the people.
It is a political right which enables
every citizen to participate in the process of
government to assure that it derives it powers
from the consent of the governed. It operates
on the principle of "one man (or one woman),
one vote."
Suffrage is not a natural right but a
privilege which may be given or withheld by
the lawmaking power subject to constitutional
limitations.
It is not necessarily an

Suffrage encompasses the following:

(1) Election
Election is the means by which the people
choose their officials for definite periods and to
whom they entrust, for the time being as their
representatives, the exercise of powers of
government. It involves the choice of
candidates to public office by popular vote.
a. Regular election refers to an election
participated in by those
who possess the right of
suffrage
and
not
disqualified by law and
who are registered voters
b. Special election when there is failure of
election on the scheduled
date of regular election in
a particular place or
which is conducted to fill
up certain vacancies, as
provided by law (ex. To
fill in vacancy in office
before the expiration of
the
term
for
which
incumbent was elected)
(2) Plebiscite
Plebiscite is the submission of constitutional
amendments or important legislative measures
to the people for ratification.
(3) Referendum
Referendum is the power of the electorate
to approve or reject legislation through an
election called for the purpose. (Sec. 2c, R.A.
6735) It may be of 2 classes, namely:
(a)

Referendum on statutes, which refers

to a petition to approve or reject an act
or law, or part thereof, passed by
Congress; and

(b)

Referendum on local law which refers

to a petition to approve or reject a law,
resolution or ordinance enacted by
regional assemblies and local legislative
bodies

(4) Initiative
Initiative is the power of the people to
propose amendments to the Constitution or
to propose and enact legislation through an
election called for the purpose. (Sec. 2a,
R.A. 6735)
There are 3 systems of
initiative, namely:

(a) Initiative on the Constitution

which refers
to a petition
proposing amendments to the
Constitution;

(b) Initiative on statutes, which

refers to a petition proposing to
enact a national legislation;

(c) Initiative on local legislation

which refers
to a petition
proposing to enact a regional,
provincial, city, municipal or
barangay law, resolution or
ordinance
Note that in the case of Santiago v.
COMELEC, the Supreme Court held
that there is no law yet that is
sufficient
enough
for
proposing
amendments to the Constitution.
R.A. 6735 was deemed sufficient for
statutory
amendments
but
not
Constitutional amendments.

What are the substantive requirements

for the exercise of suffrage?
The only substantive requirements
exercise the right to vote are: (CARA)
(1)
(2)
(3)
(4)

(5) Recall
Recall is the termination of official
relationship of a local elective official for
loss of confidence prior to the expiration of
his term through the will of the electorate.
Who can exercise
Under Art. V, Sec. 1 of the 1987
Constitution, the right of suffrage may be
exercised by all citizens of the Philippines who
are:
(1) not otherwise disqualified by
law,
(2) at least 18 years of age, and
(3) have resided in the Philippines
for at least 1 year, and in the
place wherein they propose to
vote for at least 6 months
immediately
preceding
the
election.
The same provision provides that no
literacy,
property
or
other
substantive
requirement shall be imposed on the exercise
of suffrage, and that Congress may not add or
alter the qualifications of voters under Art. V,
Sec. 1 of the 1987 Constitution.
This
specification is an implied prohibition against
interference on the part of Congress in the
right of suffrage.
Congress, however, to a limited extent can
regulate the right of suffrage by:

Defining the qualifications of

voters

Regulating elections
Prescribing the form of official
ballot
Providing for the manner of
choosing candidates and the
names to be printed on the
ballot
Regulating the manner of
conducting elections
Suppressing whatever evils
incident to the election of
public officers, pursuant to its
duty to secure the secrecy and
sanctity of the ballots under
Art. V, Sec. 2 of the 1987
Constitution.

to

Citizenship
Age
Residency
Absence of disqualifications

Filipino citizenship
This may be by birth or naturalization.
Age
Must be at least 18 at the time of the
election.
Residence
For the purposes of election law,
residence is synonymous with domicile. Art.
50 of the Civil Code provides that for the
existence of civil rights and the fulfillment of
civil obligations, the domicile of natural
persons is the place of their habitual
residence.
Domicile includes the twin
elements of the fact of residing or physical
presence in a fixed place and animus
manendi, or the intention of returning there
permanently.
(Romualdez-Marcos
v.
COMELEC)
Every person is deemed to have his
domicile somewhere, and when it has been
acquired, it will be deemed to continue until a
new one has been acquired.
Temporary
absences although frequent or long continued,
will not, while the person has a continuous
intention to return, deprive him of his domicile
and right to vote.
Any person who temporarily resides in
another city, municipality or country solely by
reason
of
his
occupation,
profession,
employment in private or public service,

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educational activities, work in the military or
naval reservations within the Philippines,
service in the AFP, the PNP, or confinement or
detention in government institutions in
accordance with law, shall not be deemed to
have lost his original residence. (Sec. 9, R.A.
8189)
It is not necessary that a person
should have a house in order to establish his
residence or domicile in a municipality. It is
enough that he should live there, provided that
his stay is accompanied by his intention to
reside therein permanently.
Literacy requirements
The Constitution imposes no literacy
requirements; hence illiterates have the right
to vote.
Property requirements
Neither does the Constitution impose
any property requirement since property
ownership is not a test of individual capacity.
A property requirement is not only inconsistent
with the concept of a republican government,
but with the social justice principle of equal
opportunity as well.
Formal education
Formal education is no guarantee for
good citizenship or intelligent voting.
Sex
There is no adequate or justifiable
basis for depriving women of equal voting
rights.

The place where a party actually or

constructively has his permanent home,
where he, no matter where he may be
found at nay given time, eventually intends
to return and remain, i.e., his domicile, is
that to which the Constitution refers when
it speaks of residence for the purpose of
election law. The purpose is to exclude
strangers or newcomers unfamiliar with the
conditions and needs of the community
from taking advantage of favorable
circumstances existing in that community
for electoral gain.
Disqualifications
(1) Persons
sentenced
by
final
judgment to suffer imprisonment for
not less than one (1) year. (Note:
he / she shall automatically reacquire the right to vote upon the
expiration of 5 years after the
service of sentence.)
(2) Persons adjudged by final judgment
of having committed any crime
involving disloyalty to the duly
constituted
government
(e.g.
rebellion, sedition, violation of the
firearms law) or any crime against
national security. (Note: he / she
shall automatically re-acquire the
right to vote upon the expiration of
5 years after the service of
sentence.)
(3) Insane or incompetent persons as
declared by competent authority.
THE COMELEC

Taxpaying Ability
This is related to property requirement.
Romualdez-Marcos v. COMELEC (248
SCRA 300)
It is the fact of residence, not a
statement in the certificate of candidacy
which ought to be decisive in determining
whether or not an individual has satisfied
the Constitutions residency qualification
requirement.
To successfully effect a change of
domicile, one must demonstrate: (1) an
actual removal or an actual change of
domicile; (2) a bona fide intention of
abandoning the former place of residence
and establishing a new one; and, (3) acts
which correspond with the purpose.
Aquino v. COMELEC (248 SCRA 400)

Purpose
The purpose of the COMELEC is to
protect the sanctity of the ballot and to ensure
the free and honest express of the popular will.
To achieve this, the COMELEC was
created as an independent administrative
tribunal, co-equal with the other departments
with respect to the powers vested in it, and not
under any of the branches of Government.
The intention is to place it outside the influence
of political parties and the control of the
legislative, executive, and judicial organs of
the government.
To preserve the independence of the
COMELEC, appointments or designations in
temporary or acting capacities are not allowed.
Composition

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Composition:
-

Constitution)

chairman
6 commissioners

Fixing of other reasonable

periods
for
certain
preelection
requirements
(BP
881, Sec. 52m)

Declaration
of
failure
or
postponement of elections, as
well as call for special
elections (Sec. 4, RA 7166)

Prescribe forms, as well as

use or adoption of latest
technological and electronic
devices (BP 881, Sec. 52 g, i)

Annulment or cancellation of
illegal registry lists of voters and
ordering the preparation of a
new one;

Qualifications:

Natural born citizens

At least 35 years old
Holders of a college degree
Must not have been candidates
for any elective position in the
immediately
preceding
elections
Majority of the members,
including the chairman, should
be members of the Bar who
have been engaged in the
practice of law for at least 10
years.

The chairman and the commissioners

are to be appointed by the President with the
consent of the Commission on Appointments.
The Commissioners serve for 7 years
without reappointment, under staggered terms
of 2 years interval: of 3 commissioners first
appointed, 3 shall hold office for 7 years, 2 for
5 years, and the rest for 3 years.
The staggering of terms makes the
COMELEC a continuing and self-perpetuating
body, and consequently its members would
have the benefit of the experience and
expertise of the older members in the
performance of its functions.

(2) Quasi-judicial powers

The COMELEC has exclusive
original jurisdiction over all
contests
relating
to
the
election,
returns
and
qualifications of all elective,
regional, provincial and city
officials.

The COMELEC Commissioners are subject to

the same disabilities imposed on the President
and
the
Vice-President,
including
the
prohibition against holding any other office or
engaging in any other profession or business.
Powers and functions
The powers and functions of
COMELEC may be classified as follows:

The COMELEC has exclusive

appellate jurisdiction over
all
contests
involving
municipal officials decided by
the RTC, or involving elective
barangay officials decided by
the MTC. In these cases, the
decisions therein shall be
final,
executory
and
unappealable.
(Art. IX-C,
Sec. 2 (2), 1987 Constitution)

the

(1) Enforcement

and
administration
of
election
laws and regulations (Art. IXC, Sec. 2 (1), 1987 Constitution)

Promulgation of rules and

regulations (Art. IX-C, Sec. 6;
BP 881, Sec. 52b)
Fixing
of
election
period
(which shall commence 90
days before the election and
end
30
days
thereafter,
unless otherwise fixed by the
COMELEC in special cases;
Art. IX-C, Sec. 6, 1987

Cancellation of the canvass of

election
returns
and
annulment of a proclamation
based on incomplete results.
(Note, however, that the
COMELEC does not have the
power to annul an election
which may not have been
free, orderly, and honest as
such
power
is
merely
preventive and not curative.)

Pursuant to its quasi-judicial

powers, the COMELEC has the power:

To issue subpoena;

To take testimony;

Of contempt
however,

that

(Note,
the

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COMELEC's
power
to
punish for contempt may
be exercised ONLY in the
exercise
of
its
quasijudicial functions.
The
COMELEC has no power to
hold a person in contempt
in the exercise of its
administrative
functions
(e.g. reporter criticizes a
contract with COMELEC for
supplies, or a person fails
to follow the procedure for
the distribution of ballot
boxes).

To issue warrants of arrest;

Of certiorari, prohibition
and mandamus (Note: but
only in exercise of its
appellate
jurisdiction;
Relampagos v. Cumba, )

(3) Decide

all questions affecting

elections (Art. IX-C, Sec. 2 (3), 1987
Constitution)

The power of the COMELEC to

decide
all
questions
affecting
elections pertains to the following:
(1) determination of the
number and location of polling places
(2) appointment of election
officials and inspectors
(3) registration of voters
However, the COMELEC has
NO
jurisdiction
over
questions
involving the right to vote (i.e.
disqualifications of voters, right of a
person to be registered, etc.), as
these rest within the exclusive
original jurisdiction of the MTC,
appealable to the RTC.

(4) Deputize,

with the concurrence of

the President, law enforcement
agencies and instrumentalities of
the Government for the exclusive
purpose of ensuring free, orderly,
honest,
peaceful
and
credible
elections (Art. IX-C, Sec. 2(4), 1987
Constitution)

CMT cadets 18 yrs. of age and

above may be authorized to act
as the COMELEC's deputies for
the purpose of enforcing its
orders (Sec. 52a, BP 881)
The COMELEC may deputize any
member or members of the AFP,

NBI, PNP or any similar agency

or
instrumentality
of
the
government
(except
civilian
home defense forces) during the
period of the campaign and
ending 30 days thereafter, when
in any area of the country there
are persons committing acts of
terrorism to influence people to
vote for or against any candidate
or political party. (Sec. 52b, BP
881)
(5) Register political parties, etc. (Art.
IX-C, Sec. 2 (5), 1987 Constitution)
(6) Accredit citizens' arms (Art. IX-C,
Sec. 2 (5), 1987 Constitution)

(7) Investigation

and prosecution of
cases of violation of election laws
(Art.
IX-C,
Sec.
2
(5),
1987
Constitution)
The COMELEC has the power of a
public
prosecutor
with
the
exclusive authority to conduct the
preliminary investigation and the
prosecution of election offenses
punishable under the election law.
The power may be exercised upon
complaint or motu propio.
The
Ombudsman
has
NO
jurisdiction to prosecute election
offenses. He may do so only if he
is deputized by the COMELEC.

(8) Filing of petitions in court for

inclusion or exclusion of voters
(Art.
IX-C,
Sec.
2
(6),
1987
Constitution)
(9) Recommendatory:
(a) to Congress

effective
measures
to
minimize election spending,
including limitation of places
where propaganda materials
shall be posted, and to
prevent and penalize all
forms of election frauds,
offenses, malpractices, and
nuisance candidates. (Art.
IX-C, Sec. 2 (7),1987
Constitution)

(b) to the President

for removal of any officer

or
employee
it
has
deputized (Sec. 52a, BP

881);
for
imposition
of
disciplinary
action
for
violation or disregard of, or
disobedience
to
its
directive, order, or decision
(Art. IX-C, Sec. 2 (8),
1987 Constitution);

and impartially among all the

candidates for national office on
3 different calendar days.
Quasi-Judicial Powers
Jurisdiction
The COMELEC has exclusive original
jurisdiction over all contests relating to the
election, returns and qualifications of all
elective, regional, provincial and city officials.

for
pardon,
amnesty,
parole,
suspension
of
sentence for violation of
election laws, rules and
regulations (Art. IX-C, Sec.
5 1987 Constitution;
This is to prevent the
possibility of the President
granting
executive
clemency
for
political
reasons.)

(10) Supervision / Regulation, for the

duration of the election period, of
use of all franchises or permits for
operation of:
transportation
utilities;

other

Rendition of Decision
Composition; En Banc and Division Cases

public

The COMELEC may sit en banc or in 2

divisions.

or

As a general rule, election cases shall

be heard and decided in division.

all grants, special privileges, or

concessions
granted
by
the
Government or any instrumentality
thereof (Art. IX-C, Sec. 4, 1987
Constitution)

Decisions that must be rendered by the

COMELEC en banc include:

media
of
information;

and

The
COMELEC
has
exclusive
appellate jurisdiction over all contests
involving municipal officials decided by the
RTC, or involving elective barangay officials
decided by the MTC.
In these cases, the
decisions therein shall be final, executory and
unappealable. (Art. IX-C, Sec. 2 (2), 1987
Constitution)

communication

The purpose of supervision and

regulation is to guarantee or
ensure equal opportunity for
public service and the equitable
right
to
reply,
for
public
information campaigns and fora
among candidates, and assure
free, orderly, honest, peaceful
and credible elections. (Sec. 2,
R.A. 9006)
No franchise or permit to operate
a radio or television station shall
be granted or issued, suspended
or cancelled during the election
period. (Sec. 6.4, R.A. 9006)
COMELEC is mandated under
Sec. 7 of R.A. 9006 to exercise
affirmative action in procuring
print space upon payment of just
compensation from at least 3
national circulation, and free
airtime from at least 3 national
TV networks and 3 national radio
networks, all of which are to be
allocated free of charge equally

Decisions on motions for

reconsideration (Art. IXC,
Sec.
3,
1987
Constitution);
Petitions for correction of
manifest errors in the
Statement of Votes (Sec.
5, Rule 27 of the 1993
Rules of the COMELEC);
Questions pertaining to
proceedings of the Board
of Canvassers (Mastura
v. COMELEC, 285 SCRA
493)
Postponement of election
(Sec. 4, R.A. 7166)
Declaration of failure of
election (Sec. 4, R.A.
7166)
Calling
of
special
elections (Sec. 4, R.A.
7166)

Time Period and Votes Required

The COMELEC shall decide by a majority
vote of all its members any case or matter
brought before it within 60 days from the date
of its submission for decision or resolution.

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(Art. IX-A, Sec. 7 1987 Constitution)
Judicial Review
Unless otherwise provided by the
Constitution or by law, any decision, order or
ruling of each Commission may be brought to
the Supreme Court on certiorari by the
aggrieved party within 30 days from receipt of
a copy thereof.
(Art. IX-A, Sec. 7, 1987
Constitution)
What is contemplated in this provision
are decisions, orders or resolutions rendered
by the COMELEC in the exercise of its
adjudicatory or quasi-judicial powers not those
which are mere incidents of its inherent
administrative functions over the conduct of
elections. Questions arising from the latter
may be taken in an ordinary civil action before
the RTC.
By certiorari, a party raises questions
of law in the Supreme Court. Findings of fact
made by the COMELEC are conclusive upon the
Supreme Court.
The Supreme Court has no power of
supervision over the COMELEC except to
review its decisions on petitions by certiorari.
The certiorari jurisdiction of the Supreme Court
is confined to instances of grave abuse of
discretion amounting to patent and substantial
denial of due process committed by it in the
exercise of its quasi-judicial powers.
ELECTIONS IN GENERAL
Kinds of elections
General election
It is one provided for by law for the
election to offices throughout the State or a
certain subdivision thereof, after the expiration
of the full term of former officers.
Special election
It is one provided for by law under
special circumstances.
It is an election held to fill a vacancy in
an office before the expiration of the full term
for which the incumbent was elected, or an
election at which some issue or proposition is
submitted to the vote of the qualified electors.
Date of Election Under the Law
In accordance with the Constitutional
policy to synchronize elections, there is a
simultaneous conduct of elections for national
and local officials once every 3 years. Under

R.A. 7166, elections shall be held on the 2 nd

Monday of May.
The President and Vice-President are
elected on the same day every 6 years.
Senators, Elective Members of the
House of Representatives, and Elective
Provincial, City and Municipal Officials are
elected on the same day every 3 years, except
with respect to the Senators, only 12 of whom
shall be elected every 3 years.
Barangay Elections are held on the
same day, and every 5 years thereafter, the
term for elective barangay officials having been
extended from 3 years to 5 years. (R.A. 7160,
Sec. 43 (c) as amended by R.A. 8524)
Time and Place for Holding Elections
The time must be fixed by the
authoritative power (i.e. the Constitution; laws
in the case of regular elections; the executive
or other designated power in the case of
special elections). The place for holding
elections shall be fixed by general law or by a
proclamation or by the notice by which the
election is called. Such designated place shall
be mandatory.
In
case
of
emergencies
which
necessitate the changing of a polling place,
adequate general notice must be given.
Manner of Holding Elections
While the manner of holding elections
must be regulated, it is obvious that the
manner prescribed is intended simply to secure
the correct result. Manner and form should not
be allowed to defeat the undoubted will of the
people clearly expressed. (C.J. Simpson)
Regulations prescribed are merely
directory, and a failure to observe them fully
will not invalidate the election, where an
election has been held in good faith and
irregularities do not affect the result.
Where a special election is provided
for, but no method of holding it is declared, it
will be sufficient if it is held in the manner
prescribed for the holding of general elections.
PRE-ELECTION REQUIREMENTS
PRECINCTS AND POLLING PLACES
Precincts
Precinct, defined

8
- unit of territory for the purpose of
voting (Sec. 149, BP 881)
Establishment of Precincts
The COMELEC shall establish all
election precincts. Each barangay shall have at
least 1 such precinct. (Sec. 149, BP 881)
The
COMELEC
may
introduce
adjustments, changes or new divisions or
abolish precincts if necessary. But no changes
shall be introduced within 45 days before a
regular election and 30 days before a special
election or referendum or plebiscite. (Sec.
149, BP 881)
Where it is not practicable to divide a
precinct by territory, the COMELEC may adjust
or split the precinct by assigning the registered
voters alphabetically and equitably among the
adjusted or split precinct. The polling places of
the said precincts must be in the same
building. (Sec. 8, R.A. 7166)
Publication of Maps of Precincts
At least 5 days before the first
registration day and until after the election,
referendum, or plebiscite, the COMELEC shall
post in the city or municipal hall and in 3 other
conspicuous places and on the door of each
polling place, a map of the city or municipality
showing its division into precincts. Such maps
shall be kept posted until after the election,
referendum or plebiscite. (Sec. 151, BP 881)

and materials as the COMELEC may provide to

enable the voters to fill out their ballots
secretly. (Sec. 158, BP 881) The polling place
shall be so arranged that the booths, the table,
the ballot boxes and the whole polling place,
except what is being written within the booths,
shall be in plain view of the board of election
inspectors, the watchers and other persons
who may be within the polling place. (Sec.
159 (d), BP 881)
The COMELEC shall post inside each
voting booth and elsewhere in the polling place
on the day before the election, referendum, or
plebiscite and during the voting period a list
containing the names of all candidates or the
issues or questions to be voted for. (Sec. 158;
BP 881)
There shall be a guard rail between the
voting booths and the table for the Board of
Election Inspectors. (Sec. 159; BP 881)
Inspection of polling places
Before the day of the election,
referendum or plebiscite, the Chairman of the
COMELEC
shall,
through
its
authorized
representatives, see to it that all polling places
are inspected and such omissions and defects
as may be found are corrected. (Sec. 163, BP
881)
OFFICIAL BALLOTS, ELECTION RETURNS
& BALLOT BOXES
Form and Contents of ballots

Polling Places

The ballots shall:

Polling place, defined

POLLING PLACE:
Building or
place where the Board of Election
Inspectors conducts its proceedings
and where the voters cast their votes
(Sec. 152, BP 881)

be uniform in size;

be printed in black ink on

white security paper with
distinctive, clear and legible
watermarks that will readily
distinguish it from ordinary
paper;

be in the shape of a strip

with stub and a detachable
coupon containing the serial
number of the ballot and a
space for the thumbmark of
the voter on the detachable
coupon;

bear at the top middle

portion the coat-of-arms of
the Republic, the words,
Official Ballot, the name of
the city or municipality and
the province, the date of the

Designation of polling places

The COMELEC may introduce changes
in the location of polling places when necessary
after notice to the registered political parties
and candidates affected if any, and hearing.
No location shall be changed within 45 days
before a regular election and 30 days before a
special election, referendum or plebiscite
except when it is destroyed or it cannot be
used. (Sec. 153, BP 881)
Arrangements and Contents of Polling
Places
Each polling place shall have at least
10 voting booths of such size, specifications

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election and the following
notice in English, Fill out
this ballot secretly inside the
voting booth.
Do not put
any distinctive mark on any
part of this ballot;

contain the names of all the

offices to be voted for,
allowing opposite the name
of each office, sufficient
space
or
spaces
with
horizontal lines where the
voter may write the name or
names of the individual
candidates voted for by him;
have nothing printed or
written at the back except
the signature of the chairman
of the Board of Election
Inspectors

Notwithstanding
the
preceding
provisions, COMELEC may prescribe a different
form of official ballot on the same watermarked
security paper to facilitate the voting by
illiterate voters only and to use or adopt the
latest technological and electronic devices in
connection therewith. (Sec. 23, R.A. 7166)
Emergency Ballots
GR: No ballots other than the official ballots
shall be used or counted.
Exception: "Emergency ballots" may be used
if:
failure to receive the official ballots on
time
there are no sufficient ballots for all
registered voters
the ballots are destroyed at such time
as shall render it impossible to provide
other official ballots.
In these cases, the city or municipal
treasure shall provide other ballots which shall
be as similar to the official ones as
circumstances will permit and which shall be
uniform within each polling place. (Sec. 182,
BP 881)
Printing of official ballots and election
returns
The official ballots and election
returns shall be printed by the Government
Printing Office and/or the Central Bank printing
facilities exclusively, under the exclusive
supervision and control of the COMELEC which
shall determine and provide the necessary
security measures in the printing, storage and
distribution thereof. (Sec. 184, BP 881)
The registered political parties

or coalitions of parties (or their components

should there be any dissolution or division of
said coalition) whose candidates obtained at
least 10% of the total votes cast in the next
preceding senatorial election are each entitled
to have a watcher and/or representative in the
procurement and watermarking of papers to be
used in the printing of election returns and
official ballots, and in the printing, numbering,
storage and distribution thereof. (Sec. 8, R.A.
6646)
Requisition and Distribution
The official ballots and election returns
shall be distributed to each city and
municipality at the rate of one and one-fifth
ballots for every voter registered in each
polling place, and for election returns, at the
rate of one set for every polling place. (Sec.
186, BP 881)
The ruling party and the dominant
opposition party shall submit the names of
their watchers who, together with the
representatives of the COMELEC and the
provincial, city, and municipal treasurers shall
verify the contents of the boxes containing the
shipment of official ballots, election returns and
sample official ballots. (Sec. 189, BP 881)
Publication
The COMELEC shall publish at least 10
days before an election, in a newspaper of
general circulation, certified data on the
number of ballots and returns and the names
and addresses of the printers and the number
printed by each.
Ballot boxes
On the day of the voting, there shall be
a ballot box one side of which shall be
transparent which shall be set in a manner
visible to the voting public. It shall contain two
compartments, one for valid ballots and the
other for spoiled ballots.
REGISTRATION OF VOTERS
Registration defined
- the act of accomplishing and filing of a sworn
application for registration by a qualified voter
before the election officer of the city or
municipality wherein he resides and including
the same in the book of registered voters upon
approval by the Election Registration Board.
(Sec. 3a, R.A. 8189)

10
Necessity of registration
"The act of registration is an
indispensable precondition to the right of
suffrage. For registration is part and parcel of
the right to vote and an indispensable element
in the election process. Thus registration
cannot and should not be denigrated to the
lowly stature of a mere statutory requirement.
Proceeding from the significance of registration
as a necessary requisite to the right to vote,
the State undoubtedly, in the exercise of its
inherent police power, may then enact laws to
safeguard and regulate the act of voters
registration for the ultimate purpose of
conducting honest, orderly and peaceful
election, to the incidental yet generally
important end, that even pre-election activities
could be performed by the duly constituted
authorities in a realistic and orderly manner
one which is not indifferent and so far removed
from the pressing order of the day and the
prevalent
circumstances
of
the times."
(Akbayan, et al v. COMELEC, G.R. No.147066,
March 26, 2001)

succeeding elections, any of the newly elected

city or municipal officials is related to a
member of the Board within the 4 th civil degree
of consanguinity or affinity, such member is
automatically disqualified to preserve the
integrity of the Election Registration Board.
NOTE:
It is an election offense to
either:
(1) accept an appointment, to
assume office and to actually
serve as a member of the
Board
although
ineligible
thereto (Sec. 45d, R.A.
8189), or

(2) appoint such ineligible person

knowing him to be ineligible
(Sec. 45d, R.A. 8189)
Function
-

Qualifications and Disqualifications

See previous discussion under Suffrage.
Election Registration Board
(Sec. 15, R.A. 8189)
In each city and municipality, there
shall be as many Election Registration Boards
as there are election officers therein. In thickly
populated
cities
or
municipalities,
the
COMELEC may appoint additional election
officers for such duration as may be necessary.
Composition
(1) Chairman: Election Officer.
In
case disqualified, the COMELEC shall designate
an acting Election Officer.
(2) Members:
(a) Public school official most
senior in rank; and
(b) Local civil registrar, or in
his absence, the city or municipal
treasurer. If neither are available, any
other appointive civil service official
from the same locality as designated
by the COMELEC.
Disqualifications
No member of the Board shall be
related to each other or to any incumbent city
or municipal elective official within the 4th civil
degree of consanguinity or affinity.
If in

Meet quarterly on the 3rd Monday of

April, July, October and January of
every calendar year (or on the next
following
working
day
if
such
designated days fall on non-working
holidays)
To hear and process all applications for
registration.
When registration conducted

Registration
of
voters
shall
be
conducted not less than 120 days before a
regular election and 90 days before a special
election. (Sec. 8, R.A. 8189)
However, in the case of an initiative or
referendum, the COMELEC is authorized to set
a special registration day at least 3 weeks
before the scheduled initiative or referendum.
(Sec. 5, R.A. 6735)
CAN A SPECIAL REGISTRATION
FOR A REGULAR ELECTION BE
CONDUCTED OUTSIDE THE PERIOD
PRESCRIBED IN SEC. 8, R.A. 8189
UNDER
THE
RESIDUAL
OR
STANDBY
POWERS
OF
THE
COMELEC UNDER SEC. 28, R.A.
8436?
No. In the case of Akbayan, et
al v. COMELEC (G.R. No.147066,
March 26, 2001), the Supreme Court
held that Sec. 8 of R.A. 8189 explicitly
provides that no registration shall
be conducted during the period
starting 120 days before a regular
election. The purpose of having a
120-day prohibitive period is to enable
the COMELEC to complete all the

11
necessary
pre-election
activities,
including the Project of Precincts,
constitution of Board of Election
Inspectors, Book of Voters and
approved Voters Registration Records,
Computerized Voters' List, and Voters
Information Sheet.
Registration of
voters is not, contrary to popular
opinion, merely the act of going to the
Election Officer and writing the names
down. It is "in fact, a long process that
takes about 3 weeks to complete not
even counting how long it would take
to prepare for the registration in the
first place."

enumeration of names of registered voters in a

precinct duly certified by the Election
Registration Board for use in the election.
(Sec. 3 (d), R.A. 8189)
The Board of Election Inspectors must
post the final list of voters in each precinct 15
days before the date of the regular or special
election or referendum or plebiscite.
Any
candidate
or
authorized
representative of an accredited political party
upon formal request to an election registrar
shall be entitled to a certified copy of the most
recent list of voters upon payment of a
reasonable fee.

Re-registration
A voter who is registered in the
permanent list of voters need not register
anew for subsequent elections unless:
(1) he transfers residence to
another
city
or
municipality; or
(2) his registration has been
cancelled on the ground
of disqualification and
such disqualification has
been lifted or removed
(Sec. 125, BP 881);

Under Sec. 8 of RA 8189, the COMELEC

has the power to conduct continuing
registration.
Such registration shall be
conducted daily in the office of the Election
Officer during regular office hours, except
during the period starting 120 days before a
regular election and 90 days before a special
election. The filing of the application must be
done personally.
Challenge of the right to register
Any person applying for registration
may be challenged before the Election
Registration Board:
by any voter,
by any candidate, or
by any representative of a registered
political party.

Such challenge must be made in writing, under

oath and must state the grounds therefor.
(Sec. 18, R.A. 8189)
List of voters
The

list

of

voters

refers

Any illiterate person may register with

the assistance of the Election Officer or any
member of an accredited citizens arm. The
application for registration of a physically
disabled person may be prepared by any
relative within the fourth civil degree of
consanguinity or affinity or by the Election
Officer or any member of an accredited
citizens arm using the data supplied by the
applicant [Sec. 14, RA 8189].
Inclusion-exclusion cases

System of Continuing Registration

Illiterate and Disabled Voters

to

an

Common
rules
governing
judicial
proceedings in the matter of inclusion,
exclusion and correction of names of
voters (Sec. 32, R.A. 8189)
(1) TIME OF FILING:
hours
(2)

During

office

NOTICE: Notice of the place,

date and time of the hearing of the
petition shall be served upon the
members of the Board and the
challenged voter upon filing of the
petition.

Modes of service:
(1) personal delivery, or
(2) registered mail, or
(3) posting in the bulletin board of
city or municipal hall and in 2 other
conspicuous places within the city or
municipality
(3) CONTENTS: Petition shall refer only
to 1 precinct, and shall implead the
Board as respondents
(4) COSTS: Generally, no costs shall be
assessed
against
any
party.
However, the court may order a
party to pay the costs and

12
incidental expenses of the suit
should it find that the application
was filed solely to harass the
adverse party and to cause him to
incur expenses.
(5) INTERVENTION: Any
voter,
candidate or political party who
may
be
affected
by
the
proceedings may intervene and
present his evidence.
(6)

EVIDENCE: Shall be based on the

evidence presented. In no case
shall a decision be rendered upon a
stipulation of facts.

Petitioner may apply at any time except 105

days prior to a regular election or 75 days prior
to a special election. (Sec. 34, R.A. 8189)
Petition for Exclusion of Voters from the
List
The following may petition for the
exclusion of a voter from the permanent list of
voters:

If the case involves the issue of

a
fictitious
voter,
the
nonappearance of the challenged voter
on the day set for hearing shall be
prima facie evidence that such
voter is fictitious.
(7)

DECISION: Petition shall be heard

and decided within 10 days from
date of filing.
Cases appealed to the RTC
shall be decided within 10 days
from receipt of the appeal. In all
cases, the court shall decide these
petitions not later than 15 days
before the election and the decision
shall become final and executory.

Jurisdiction and Appeal in Inclusion and

Exclusion Cases
MTC:

original and exclusive jurisdiction

RTC:

appellate jurisdiction

Appeals must be made within 5 days

from receipt of notice. Otherwise the decision
of the MTC becomes final and executory after
said period.
The RTC shall decide the appeal within
10 days from the time the appeal was
received, and its decision shall be final and
executory. No motion for reconsideration shall
be entertained. (Sec. 138, BP 881; Sec. 33,
R.A. 8189)

petition

any
person
whose
application by registration
has been disapproved by
the
Board
of
Election
Inspectors or

to

be

any registered voter;

any representative of
a political party;

the Election Officer

Such petition may be filed at any time except

100 days before a regular election or 65 days
before a special election. It shall be decided
within 10 days from filing. (Sec. 35, R.A.
8189)
"The petition for exclusion is a necessary
component to registration since it is a safety
mechanism that gives a measure of protection
against flying voters, non-qualified registrants,
and the like. The prohibitive period, on the
other hand serves the purpose of securing the
voters substantive right to be included in the
list of voters." (Akbayan, et al v. COMELEC,
G.R. No.147066, March 26, 2001)
The citizenship of a person to be
stricken from the list may be decided in the
exclusion proceedings. However, the decision
does not acquire the nature of res judicata
considering the summary character of the
case.
Voters
Excluded
Through
the
Inadvertence or Registered with an
Erroneous or Misspelled Name (Sec. 37,
R.A. 8189)
WHAT MAY BE FILED?
(1)

Petition for Inclusion of Voters in the List

The following may
included in the voters list:

any person whose name

has been stricken out from
the list

(2)

Petition for reinstatement - filed by

any registered voter who has not been
included in the precinct certified list of
voters
Petition for correction of name filed by any registered voter who has
been included in the precinct certified
list of voters with a wrong or misspelled
name

WHERE FILED?
Registration Board

With

the

Election

13
If the petition is denied or not acted
upon, the voter may file on any date
with the proper MTC a petition for an
order directing that the voter's name
be entered or corrected in the list. The
following must be attached to the
petition:
(1)

Certified true copy of his registration

record, or identification card, or the
entry of his name in the list of voters
used in the preceding election;

(2)

Proof that his application was denied or

not acted upon by the Board;

(3) Proof that the petitioner has served

notice of his application to the Board
Annulment of Book of Voters
(Sec. 39, R.A. 8189)
The book of voters refers to the
compilation of all registration records in a
precinct. (Sec. 3c, R.A. 8189)
WHO
MAY
ANNULMENT:

FILE

PETITION

FOR

(1) Any voter;

(2) Any election officer;
(3) Any duly registered political party
GROUNDS:

(1)
(2)

(3)

The book of voters was not

prepared in accordance with
the provisions of R.A. 8189;
The book of voters was
prepared through:
Fraud;
Bribery;
Forgery;
Impersonation;
Intimidation;
Force; or
Any similar irregularity
The book of voters contains
data
that
are
statistically
improbable

The book of voters shall be annulled after due

notice and hearing by the COMELEC after the
filing of a verified petition. No order, ruling or
decision annulling a book of voters shall be
executed within 90 days before an election.
Deactivation and reactivation of
registration
Deactivation of registration (Sec. 27, R.A.

8189)
CAUSES OF DEACTIVATION:
(1) The
3
grounds
disqualification
to
namely:

for
vote,

(a) Sentence
by
final
judgment
to
suffer
imprisonment for not less
than one (1) year, such
disability not having been
removed
by
plenary
pardon or amnesty;
(b) Adjudgment
by
final
judgment
of
having
committed
any
crime
involving disloyalty to the
duly
constituted
government
(e.g.
rebellion,
sedition,
violation of the firearms
law) or any crime against
national security, unless
restored to his full civil
and political rights in
accordance with law;
(c) Declaration of insanity or
incompetence
by
competent
authority,
unless
subsequently
removed;
(2) Failure to vote in the 2
successive preceding regular
elections, as shown by the
voting records (Note:
SK
elections are NOT considered
regular elections for this
purpose);
(3) Court order for exclusion of
registration; and
(4) Loss of Filipino citizenship
Reactivation of registration (Sec. 28, R.A.
8189)
PETITION FILED:
Sworn
application
for
reactivation of registration
in the form of an affidavit
stating that the grounds for
the deactivation no longer
exist
WHO MAY FILE:
Any voter whose registration
has been deactivated

14
WHERE FILED:
With the Election Officer,
who shall then submit such
application to the Election
Registration
Board
for
appropriate action.
WHEN FILED:
Not later than 120 days
before a regular election
and 90 days before a
special registration

To be voted upon as a party,

provided that it is registered under
the party-list system (Art. IX-C,
Sec. 7, 1987 Constitution);

To have a watcher in every Election

Registration Board (Sec. 15, R.A.
8189);

To inspect and/or copy at its

expense
the
accountable
registration forms and/or the list of
registered voters in the precincts
constituting the constituency at
which the political party is fielding
candidates (Sec. 42, R.A. 8189)

To
have
a
watcher
and/or
representative in the procurement
and watermarking of papers to be
used in the printing of election
returns and official ballots and in
the printing, numbering, storage
and distribution thereof (Sec. 8,
R.A. 6646);

To have watchers who shall verify

the
contents
of
the
boxes
containing the shipment of official
ballots,
election
returns
and
sample official ballots received by
the provincial, city and municipal
treasurers (Sec. 189, BP 881.
Note that this privilege is only
available to the ruling party and
the dominant opposition party.);

To have one watcher in every

polling place and canvassing center
(Sec. 26, R.A. 7166);

To be present and to have counsel

during the canvass of the election
returns (Sec. 25, R.A. 6646)

To receive the 4th copy (if the

dominant majority party) or the 5th
copy (if the dominant minority
party) of the election returns
(Sec. 27, R.A. 7166 as amended
by R.A. 8045 and R.A. 8173)

REGISTRATION OF POLITICAL PARTIES

Political Party defined
- an organized group of persons pursuing the
same ideology, political ideas or platforms of
government and includes its branches and
divisions. (Sec. 60, BP 881)
- an organized group of citizens advocating an
ideology or platform, principles and policies for
the general conduct of government and which,
as the most immediate means of securing their
adoption, regularly nominates and supports
certain of its leaders and members as
candidates for public office. (Sec. 3c, R.A.
7491)
2 Kinds:
(1) national party, i.e. a party whose
constituency is spread over the geographical
territory of at least a majority of the regions;
and
(2) regional party, i.e. a party whose
constituency is spread over the geographical
territory of at least a majority of the cities and
provinces comprising the region.
Purpose of registration
The purpose of registration of political
parties with the COMELEC is to enable them
to:
(1) Acquire
personality;

juridical

(2) Qualify
for
subsequent
accreditation; and

(3) Entitle

them to the rights

and privileges granted to
political parties. (Sec. 60,
BP 881)

Rights and privileges granted

A registered political party is entitled to
the following rights and privileges:

Procedure
(1) The
political
party
seeking
registration may file with the
COMELEC
a
verified
petition
attaching thereto its constitution and
by-laws, platform or program of
government and such other relevant
information as may be required by
the COMELEC.

15
(2) The
COMELEC
shall
require
publication of the petition for
registration or accreditation in at
least three newspapers of general
circulation.

(3)

After due notice and hearing, the

COMELEC shall resolve the petition
within 10 days from the date it is
submitted for decision.
(Sec. 61,
BP 881.
Note however the
discrepancy with Sec. 62 which
states that resolution of the petition
for registration or accreditation shall
be 15 days from the date of
submission for decision.)

(1)

Accepting financial contributions

from foreign governments or their
agencies (Art. IX-C, Sec. 2 (5),
1987 Constitution);

(2)

The party is a religious sect or

denomination,
organization
or
association organized for religious
purposes (Sec. 6 (1), R.A. 7941);

(3)

The party advocates violence or

unlawful means to seek its goal
(Sec. 6 (2), R.A. 7941);

(4)

The party is a foreign party or

organization (Sec. 6 (3), R.A.
7941);

(5)

The party is receiving support from

any foreign government, foreign
political
party,
foundation,
organization, whether directly or
through any of its officers or
members or indirectly through
third parties for partisan election
purposes (Sec. 6 (4), R.A. 7941);

(6)

The party violates or fails to

comply
with
laws,
rules
or
regulations relating to elections
(Sec. 6 (5), R. A. 7941);

(7)

The party declares untruthful

statements in its petition for
registration (Sec. 6 (6), R.A.
7941);

(8)

The party has ceased to exist for at

least 1 year (Sec. 6 (7), R.A.
7941);

(9)

The party fails to participate in the

last 2 preceding elections (Sec. 6
(8), R.A. 7941);

(10)

If registered under the party-list

system, the party fails to obtain at
least 2% of the votes in the 2
preceding
elections
for
the
constituency in which it has
registered. (Sec. 6 (8), R.A. 7941)

Who may not be registered

The following may not be registered as political
parties:

religious denominations and

sects (Art. IX-C, Sec. 2 (5),
1987 Constitution; Sec. 61,
BP 881)

those which seek to achieve

their goals through violence
or unlawful means (Art. IXC,
Sec.
2
(5),
1987
Constitution, Sec. 61, BP
881)

those which refuse to uphold

and
adhere
to
the
Constitution (Art. IX-C, Sec.
2 (5), 1987 Constitution)
those supported by foreign
governments
(Art.
IX-C,
Sec.
2
(5),
1987
Constitution)

Forfeiture of status and cancellation of

registration
Forfeiture of status
Any registered political party that,
singly or in coalition with others, fails to obtain
at least 10% of the votes cast in the
constituency in which it nominated and
supported a candidate or candidates in the
election next following its registration shall,
after notice and hearing be deemed to have
forfeited such status as a registered political
party in such constituency. (Sec. 60, BP 881)
Cancellation of registration
The
following
are
grounds
for
cancellation of registration of a political party:

Under the party-list system, the

COMELEC may refuse or cancel registration
either motu propio or upon verified complaint
of any interested party, after due notice and
hearing. (Sec. 6, R.A. 7941)
Nomination and selection of official
candidates
(Sec. 6, R.A. 7166)

16
No political convention or meeting for
the nomination or election of the official
candidates of any political party or organization
or political groups or coalition thereof shall be
held earlier than the following periods:
Pres., VP, Senators: 165 days before the
date of the election
Members
of
the
House
of
Representatives
75 days before the day
of
Elective Provincial, City or Municipal
Officers
the election
REGISTRATION FOR PARTY-LIST

employment, interest or concerns

(Sec. 3e, R.A. 7941);
(4) Coalitions, i.e. aggrupations of duly
registered
national,
regional,
sectoral parties or organizations for
political and/or election purposes
(Sec. 3f, R.A. 7941)
Parties, organizations or coalitions that
are already registered with the COMELEC need
not register anew. However, should they wish
to participate in the party-list system, they
must file with the COMELEC a manifestation of
such desire to participate not later than 120
days before the election. (Sec. 4, R.A. 7941,
as amended by Sec. 11, R.A. 8436)

Party-list system defined

Procedure for registration

a
mechanism
of
proportional
representation
in
the
election
of
representatives
to
the
House
of
Representatives from national, regional and
sectoral parties or organizations or coalitions
thereof
registered
with
the
COMELEC.
Component parties or organizations of a
coalition
may
participate
independently,
provided the coalition of which they form part
does not participate in the party-list system.
(Sec. 3, R.A. 7941)

PETITION:
Petition
verified
by
the
party/organization/coalition's
president or secretary.
The
petition must state its desire to
participate in the party-list
system as a national, regional
or sectoral party or organization
or a coalition of such parties or
organizations.

Purpose of party-list system

WHEN FILED:
Not later than 90 days before
the election

- to enable Filipino citizens belonging to

marginalized and underrepresented sectors,
organizations and parties, and who lack welldefined political constituencies but who could
contribute to the formulation and enactment of
appropriate legislation that will benefit the
nation as a whole, to become members of the
House of Representatives. (Sec. 2, R.A. 7941)

ATTACHMENTS:
(1) Constitution;
(2) By-laws;
(3)
Platform
or
program
of
government;
(4) List of officers;
(5) Coalition agreement
(as applicable);
(6)
Other
relevant
information as may
be required by the
COMELEC

Who may be registered

(1) Political parties (See discussion in
previous section);
(2) Sectoral parties, i.e. organized
groups of citizens belonging to the
labor, peasant, fisherfolk, urban
poor,
indigenous
cultural
communities, elderly, handicapped,
women, youth, veterans, overseas
workers, and professional sectors,
and whose principal advocacy
pertains to the special interest and
concerns of their sector (Sec. 3d,
R.A. 7941);
(3) Sectoral organizations, i.e. groups
of citizens or coalitions of groups of
citizens who share similar physical
attributes
or
characteristics,

After due notice and hearing, the

COMELEC shall resolve the petition within 15
days from the date it was submitted for
decision, but not later than 60 days before
election. (Sec. 5, R.A. 7941)
Grounds for refusal and/or cancellation of
registration
The following are grounds for refusal
and/or cancellation of registration of a party,
organization or coalition wishing to participate
in the party-list system:
1.

Accepting

financial

contributions

17
from foreign governments or their
agencies (Art. IX-C, Sec. 2 (5),
1987 Constitution);
2.

The party is a religious sect or

denomination,
organization
or
association organized for religious
purposes (Sec. 6 (1), R.A. 7941);

3.

The party advocates violence or

unlawful means to seek its goal
(Sec. 6 (2), R.A. 7941);

4.

The party is a foreign party or

organization (Sec. 6 (3), R.A.
7941);

5.

The party is receiving support from

any foreign government, foreign
political
party,
foundation,
organization, whether directly or
through any of its officers or
members or indirectly through
third parties for partisan election
purposes (Sec. 6 (4), R.A. 7941);

6.

The party violates or fails to

comply
with
laws,
rules
or
regulations relating to elections
(Sec. 6 (5), R. A. 7941);

7.

The party declares untruthful

statements in its petition for
registration (Sec. 6 (6), R.A.
7941);

8.

The party has ceased to exist for at

least 1 year (Sec. 6 (7), R.A.
7941);

9.

The party fails to participate in the

last 2 preceding elections (Sec. 6
(8), R.A. 7941);

10.

If registered under the party-list

system, the party fails to obtain at
least 2% of the votes in the 2
preceding
elections
for
the
constituency in which it has
registered. (Sec. 6 (8), R.A. 7941)

The COMELEC may refuse or cancel

registration either motu proprio or upon
verified complaint of any interested party, after
due notice and hearing. (Sec. 6, R.A. 7941)
Nomination of party-list representatives
(Sec. 8, R.A. 7941)
Each registered party, organization or
coalition shall submit to the COMELEC a list of
not more than 5 names from which party-list
representatives shall be chosen in case it
obtains the required number of votes. This list

must be submitted not later than 45 days

before the election.
The
nomination
of
party-list
representatives is subject to the following
limitations:
(1) The nominee must have all of
the qualifications and none of
the disqualifications for the
exercise
of
the
right
of
suffrage.
Moreover, he/she
must be a registered voter,
able to read and write, and at
least 25 years on the day of
the election.
In case of youth sector
nominees, such nominees must
be at least 25 but not more
than 30 yrs. old on the day of
the election. (Sec. 9)
(2) The nominee must be a bona
fide member of the party or
organization
which
he/she
seeks to represent for at least
90 days preceding the day of
the election. (Sec. 9)
(3) An
elected
party-list
representative who changes his
political
party
or
sectoral
affiliation within 6 months
before an election is not
eligible for nomination as
party-list representative under
his new party or organization.
(Sec. 15)
(4) A person may be nominated in
1 list only. (Sec. 8)
(5) Only persons who have given
their consent in writing may be
named in the list. (Sec. 8)
(6) The list cannot include any
candidate for any elective
office or any person who has
lost his bid for an elective
office
in
the
immediately
preceding election. (Sec. 8)
(7) Changes of name or alterations
in the order of nominees are
generally not allowed after the
list has been submitted to the
COMELEC.
However, these
may be allowed when the
nominee either:
(a) Dies; or
(b) Withdraws

his

18
nomination in writing;
or
(c) Becomes incapacitated

with party

he/she will be
substituted by
another
qualified person
in the party /
organization
based on the
list submitted to
the COMELEC.

in which case the substitute

nominee shall be placed last in
the list (Sec. 8)
Party-list and district representatives
distinguished
Every voter is entitled to 2 votes: the
first is a vote for candidate for member of the
House of Representatives in his legislative
district, and the second, a vote for the party,
organization, or coalition he wants represented
in the House of Representatives.

Scope
of
electorate

Residence
requirement

Manner
election

of

Effect
of
disaffiliation

Party-list
representative

District
representative

Elected
nationally, with
party-list
organizations
garnering
at
least 3% of all
the votes cast
for the partylist
system
entitled to 1
seat, which is
increased
according
to
proportional
representation,
but is in no way
to
exceed
3
seats
per
organization

Elected
according
to
legislative
district by the
constituents of
such district

No
special
residency
requirement

Must
be
a
resident of his
legislative
district for at
least
1
year
immediately
before
the
election

Voted upon by
party
or
organization. It
is only when a
party is entitled
to
representation
that
it
designates who
will
sit
as
representative.

Elected
personally,
by name.

Loses his seat,

in which case

Does not lose

seat if he/she

changes
party
or affiliation.

Effect
vacancy

of

A
substitution
will be made
within
the
party, based on
the
list
submitted
to
the COMELEC.

A
special
election may be
held
provided
that
the
vacancy
takes
place at least 1
year before the
next election.

Effect
change
affiliation
within
months
prior
election

of
in

A
party-list
representative
is
prohibited
from sitting as
representative
under his new
party
or
organization.

This does not

prevent
a
district
representative
from
running
under his new
party.

6
to

Effect
of
loss during
previous
election

A
district
representative
is not prevented
from
running
again
as
a
district
representative if
he/she
lost
during
the
previous
election.
ACCREDITATION OF A CITIZENS' ARM

i.e.

A
party-list
representative
cannot sit if he
ran and lost in
the
previous
election.

Who may be accredited

Any bona fide non-partisan group,
association or organization
from the civic, youth, professional,
educational, business or labor sectors
with
identifiable
leadership,
membership and structure,
and with demonstrated capacity to
promote the public interest and assist
the COMELEC in the performance of its
functions and activities as mandated by
the Constitution and by law
(Rule 33,
Procedure)

Sec.

1,

COMELEC

Rules

of

Procedure for accreditation

(1) FILING
OF
ACCREDITATION

PETITION

FOR

Any group seeking accreditation may file a

19
petition for accreditation, duly verified by
its President, Chairman of the Board of
Directors, or any of its duly authorized
officers.
The petition for accreditation must state
the following:
(a) The
constituency
to
which
petitioner seeks accreditation;
(b) That it is not supporting any
candidate,
political
party,
organization or coalition of political
parties, in the constituency where
it seeks accreditation;
(c) Nature of its membership; names
of its officers or organizers,
location of principal office or place
of business, and an assurance of
its capability to undertake a
coordinated operation and activity
to assist the COMELEC;
(d) That it shall submit itself to the
direct and immediate control and
supervision and comply with the
orders of the COMELEC in the
performance
of
its
specific
functions and activities provided by
law, and such other functions and
activities provided by law, and such
other functions and activities which
the COMELEC may assign;
(e) That it shall strictly remain nonpartisan and impartial during the
registration and election periods;
(f)

That it is not supported by or

under the influence of any foreign
government or any of its agencies
or instrumentalities; or of any
foreigner, whether
natural
or
juridical person;

(g) That it shall not solicit or receive,

directly
or
indirectly,
any
contribution or aid of whatever
form or nature from any foreign
government or any of its agencies
or instrumentalities, or from any
foreigner, whether
natural
or
juridical person;
(h) That it does not seek to achieve its
objectives, goals or programs
through violence or other unlawful
means, nor aim to propagate any
ideology opposed to the principles
of a republican and democratic
government; and
(i)

That it undertakes to police its

ranks and prevent infiltration by

persons or groups of persons who
may, directly or indirectly, destroy
its character of non-partisanship
and impartiality.
(2) SETTING OF PETITION FOR HEARING
Upon the filing of the petition, the
COMELEC en banc shall immediately set
the petition for hearing. The COMELEC
may order the publication of the petition in
a newspaper of general circulation if it
deems such necessary. Publication shall be
at the expense of the petitioner.
(3) HEARING OF PETITION
The accreditation of the petitioner may be
opposed by any person, group, association,
group or organization, political party or
coalition of political parties possessing
relevant information or evidence against
the
petitioner
by
filing
a
verified
opposition.
However, notwithstanding the absence of
any opposition, the COMELEC may motu
proprio require the petitioner to present
evidence to support its petition for
accreditation.
(4) DECISION
The COMELEC shall then render its
decision.
If the decision is for the
accreditation of the petition, a certificate of
accreditation shall be issued stating the
following:
(a) The name of the group or
organization;
(b) The constituency to which
it is accredited; and
(c) The political exercise for
which it is accredited
Revocation and expiration of accreditation
REVOCATION:
May be done by the
COMELEC after notice and hearing for any of
the following acts:
(1) The citizens' arm has showed or
acted with partiality in any political
issue or to any political party,
organization or coalition of political
parties;
(2) It has performed acts in excess of
its duties and functions as provided
by law; or
(3) It has failed to comply with the

20
conditions imposed upon it in the
decision granting accreditation.
EXPIRATION: The accreditation automatically
lapses at the end of the election period of the
political exercise for which the petitioner was
accredited as citizens' arm.

Time of Filing
Certificates of candidacy must be filed
in 12 legible copies not later than 120 days
before the elections. (Sec. 11, R.A. 8436)
Place of Filing

CERTIFICATES OF CANDIDACY
Candidate defined
Any person aspiring for or seeking an elective
public office, who has filed a certificate of
candidacy by himself or through an accredited
political party, aggroupment, or coalition of
parties. (Sec. 79, BP 881)
Guest Candidacy
A political party may nominate and/or
support candidates not belonging to it. (Sec.
70, BP 881) Note however that this is not
applicable in cases of political parties
registered under the party-list system, as
nominees must necessarily be bona fide
members of the party.
Qualifications
See the provisions of the Constitution
for the qualifications of candidates for
President,
Vice-President,
Senator,
and
Member of the House of Representatives.
See the provisions of the Local
Government Code for the qualifications of local
elective officials.

The certificates of candidacy shall be

filed in the following places:
President
Vice-Pres
Senator

|
| COMELEC main office (Mla)
|

Congressman - Provincial election supervisor

If NCR district: File with Regional Election
Director
If legislative district in cities outside NCR which
comprise one or more legislative districts: File
with City election registrar concerned
Provincial Offices supervisor

Provincial

election

City / Municipal Offices - City or municipal

election registrar
Contents of certificate of candidacy
The certificate of candidacy shall state
the following:

That
the
person
filing
the
certificate
is
announcing
his
candidacy for the office stated
therein and that he or she is
eligible for such office;

The political party to which the

candidate belongs;

Civil status;

Date of birth;

Filing of certificate of candidacy

Residence;

To be eligible for any elective public

office, one must file a certificate of candidacy
within the period fixed by the Omnibus Election
Code.

Post office address for all election

purposes;

Profession or occupation;

Mode of Filing

That he / she will support and

defend the Constitution of the
Philippines and will maintain faith
and allegiance thereto;

That he / she will obey the laws,

legal
orders,
and
decrees
promulgated
by
the
duly

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. (See Frivaldo
v. COMELEC, 174 SCRA 245; Labo v.
COMELEC, 176 SCRA 1)

Certificates must be filed by the

candidate personally or by his duly authorized
representative. No certificate shall be filed by
mail, telegram or facsimile.
(Sec. 7, R.A.
7166)

21
constituted authorities;

That he / she is not a permanent

resident or immigrant to a foreign
country;

That the obligation imposed by

oath
is
assumed
voluntarily,
without mental reservation or
purpose of evasion;

That the facts stated in the

certificate of candidacy are true to
the best of his knowledge.
Effects of filing

Note: Sec. 67 of BP 881 and the

first proviso of Sec. 11 of R.A. 8436 (which
states that "Any elective official, running for
any officer other than one which he is holding
in a permanent capacity, except for President
and Vice-President, shall be considered ipso
facto resigned upon the start of the campaign
period") have been repealed by Sec. 14 of
R.A. 9006 (Fair Election Act of 2001).
Any
mass
media
columnist,
commentator, announcer, reporter, on-air
correspondent or personality who is a
candidate for any elective public office shall be
deemed resigned, if so required by his/her
employer, or shall take a leave of absence from
his/her work as such during the campaign
period. (Sec. 6.6, R.A. 9006)

certificate of candidacy for mayor. 8 days later,

he filed a petition to withdraw his certificate of
candidacy for the office of the board member
and to declare subsisting his certificate of
candidacy for mayor, attaching his written
declaration under oath withdrawing his
certificate of candidacy for board member.
Since the certificate of candidacy for
the position of board member was filed by his
party and the said party had withdrawn that
nomination, there was substantial compliance
with Sec. 73 of the Omnibus Election Code.
His filing under oath within the statutory period
of his individual candidacy for mayor was a
rejection of the party nomination of the other
officer.
Disqualifications
According
to
Prof.
Barlongay,
disqualifications may be classified into 4
categories: (1) status; (2) acts; (3) nuisance
candidacy; and (4) falsity of material
representation in the certificate of candidacy.
Status
(1) Lack of Filipino citizenship;
(2) Lack of residency requirement;
(3) Insanity
or
incompetence,
as
declared by competent authority;
(4) Permanent
residence
or
immigrant status in a foreign
country, unless such person
has waived his status as
permanent
resident
or
immigrant
in
accordance
with
the
residence
requirement provided for in
the election laws (Sec. 68,
BP 881)

Withdrawal of certificate
A person who has filed a certificate of
candidacy may withdraw the same prior to the
election by submitting to the office concerned a
written declaration under oath.
If a candidate files a certificate of
candidacy for more than 1 office, he shall not
be eligible for any of them. However, he may
declare under oath the office for which he
desires to be eligible and cancel the certificate
of candidacy for the other office or offices
provided that this is done before the
expiration of the period for the filing of
certificates of candidacy. (Sec. 73, BP 881)
The filing of the withdrawal shall not
affect
whatever
civil,
criminal,
or
administrative liabilities which a candidate may
have incurred. (Sec. 73, BP 881)

Acts
(1) Sentence by final judgment
for:

insurrection,

Any offense for which the

candidate
has
been
sentenced to a penalty of
more than 18 months of
imprisonment;

Any offense involving moral

turpitude;

RAMIREZ V. COMELEC
The
certificate
of
candidacy
of
petitioner for the office of provincial board
member was filed by his political party. 15
minutes before the deadline, he filed his

Subversion,
rebellion;

22
Moral turpitude is an act of a
baseness,
vileness,
or
depravity in the private duties
which a man owes to his fellow
men, or to society in general,
contrary to the accepted and
customary rule of right and
duty between man and woman
or conduct contrary to justice,
honesty, modesty or good
morals. The general rule is
that crimes mala in se involve
moral turpitude while crimes
mala prohibita do not. Moral
turpitude implies something
immoral in itself, regardless of
the fact that it is punishable by
law or not. (Dela Torre v.
COMELEC, 191 SCRA 229)

Having coerced, intimidated,

compelled, or in any manner
influenced, directly or indirectly,
any of his subordinates or
members, or employees, etc. to
aid, campaign or vote for or
against any candidate or any
aspirant for the nomination or
selection of candidates (Sec.
68e, BP 881, cf. Sec. 261d);

Having directly or indirectly

threatened,
intimidated,
or
actually caused, inflicted or
produced any violence, injury,
punishment, damage, loss or
disadvantage upon any person
or that of the immediate
members of his family, his
honor or property, or used any
fraudulent device or scheme to
compel or induce or prevent the
registration of any voter, or the
participation in any campaign,
or the casting of any vote, or
any
promise
of
such
registration, campaign, vote, or
omission therefrom (Sec. 68e,
BP 881, cf. Sec. 261e);

Having engaged in unlawful

electioneering (Sec. 68e, BP
881, cf. Sec. 261k);

Having violated the prohibition

against release, disbursement
or expenditure of public funds
45 days before a regular
election (or 30 days in the case
of a special election) (Sec. 68e,
BP 881, cf. Sec. 261v);

Having
solicited
votes
or
undertaken any propaganda on
the day of election for or
against any candidate or any
political party within the polling
place or within a radius of 30
m. thereof (Sec. 68e, BP 881,
cf. Sec. 251cc)

Having given money or

other
material
consideration to influence,
induce or corrupt the
voters or public officials
performing
electoral
functions (Sec. 68a, BP
881);
Having committed acts of
terrorism
to
enhance
his
candidacy (Sec. 68b, BP 881);
Having spent in his election
campaign an amount in excess
of that allowed by the Omnibus
Election Code (Sec. 68c, BP
881);
Having solicited, received or
made
any
contribution
prohibited under the Omnibus
Election Code (Sec. 68d, BP
881; cf. Secs. 89, 95, 96, 97
and 104);

Having engaged in election

campaign or partisan political
activity outside the campaign
period and not pursuant to a
political party nomination (Sec.
68e, BP 881, cf. Sec. 80);

Having removed, destroyed,

obliterated,
defaced
or
tampered with or prevented the
distribution of lawful election
propaganda (Sec. 68e, BP 881,
cf. Sec. 83);

Nuisance candidacy

Having violated the rules and

regulations
on
election
propaganda
through
mass
media (Sec. 68e, BP 881, cf.
Sec. 86);

A nuisance candidate is one who files a

certificate of candidacy:
(a) To put the election process in
mockery or disrepute; or
(b) To cause confusion among the
voters by the similarity of the
names
of
the
registered
candidates, or
(c) Clearly

demonstrating

that

23
he/she has no bona fide
intention to run for the office
which
the
certificate
of
candidacy has been filed, and
thus
prevents
a
faithful
determination of the true will
of the electorate. (Sec. 69,
BP 881)
Falsity of material representation
Falsity of a material representation in
the certificate of candidacy is a ground for the
denial of due course to or cancellation of a
certificate of candidacy under Sec. 78 of BP
881.
Disqualifications
under
the
Local
Government Code (Sec. 40, R.A. 7160)
(1) Those sentenced by final judgment
for an offense punishable by one
year or more of imprisonment and
within
2
years
after
serving
sentence.
(2) Those removed from office as a
result of an administrative case.
REYES V. COMELEC
Reyes, the incumbent mayor, was
found guilty in an administrative complaint.
Despite this, he filed a certificate of candidacy.
Although the COMELEC disqualified him, the
Board of Election Canvassers, unaware of
COMELECs
decision
to
disqualify
him,
proclaimed Reyes as the mayor.
The election of Reyes did not render
the administrative charges against him moot
and academic. The decision to remove him
was served on Reyes and thereafter became
final because he failed to appeal to the Office
of the President.
He was therefore validly
removed from office and pursuant to the Local
Government Code, was disqualified from
running for re-election.
(3) Those convicted by final judgment
for violating the oath of allegiance to
the Republic of the Philippines.
(4) Those with dual citizenship.
See Mercado v. Manzano (LocGov)
(5) Fugitives from justice in criminal and
non-political cases here and abroad.
A "fugitive from justice"
includes "not only those who
flee after conviction to avoid
punishment, but likewise
those who, after being

charged,
flee
to
avoid
prosecution." (Marquez v.
COMELEC, 243 SCRA 358)
In the case of Rodriguez v.
COMELEC (G.R. No. 120099,
July 24, 1996), it was held
that Rodriguez could not be
considered a "fugitive from
justice" because his arrival
in the Philippines from the
U.S. preceded the filing of
the felony complaint in the
Los Angeles Court and the
issuance
of
the
arrest
warrant by the same foreign
court by almost 5 months.
The Supreme Court held
that the intent to evade is
the compelling factor that
animates ones flight from a
particular jurisdiction. And
there can only be an intent
to evade prosecution or
punishment when there is
knowledge by the fleeing
subject
of
an
already
instituted indictment, or of a
promulgated judgment of
conviction.
(6) Permanent residents in a foreign
country or those who have acquired
the right to reside abroad and
continue to avail of the same right
after the effectivity of the Local
Government Code.
FRIVALDO V. COMELEC
Frivaldo was previously declared as an
alien. Despite this, he was able to file his
certificate of candidacy. The election occurred
on May 8, 1995. Frivaldo was able to reacquire Philippine citizenship on June 30, 1995
through repatriation by taking his oath of
allegiance at 2:00 p.m.
Philippine
citizenship
is
an
indispensable requirement for holding an
elective public office.
An official begins to
govern or discharge his functions only upon his
proclamation and on the day the law mandates
his term of office to begin. Since Frivaldo reassumed his citizenship on the very day the
term began, he was therefore already qualified
to be proclaimed, to hold such office and to
discharge the functions and responsibilities
thereof as of the said date.
(7) Those who are insane or feebleminded.
Special Disqualifications under the Lone
Candidate Law (Sec. 4, R.A. 8295)

24
The following persons are
disqualified from running in a special election
called to fill the vacancy in an elective office,
provided that evidence of their guilt is strong:
(1) Any elective official who
has resigned from his
office by accepting an
appointive office or for
whatever reason which
he previously occupied
but
has
caused
to
become vacant due to his
resignation;

The filing or withdrawal of a certificate

of candidacy shall not affect whatever civil,
criminal or administrative liabilities which a
candidate may have incurred.
Certified List of Candidates
The COMELEC shall cause to be printed
a certified list of candidates for each office to
be voted for in each province, city or
municipality immediately followed by the
nickname or stage name of the candidate and
his political affiliation, if any. The list shall be
posted inside each voting booth.

Effect of death, disqualification or

withdrawal
disqualification

No person shall be eligible for more

than one office to be filled in the same
election, and if he files his certificate of
candidacy for more than one office, he shall
not be eligible for any of them.
However, before the expiration of the
period for the filing of certificates of candidacy,
the person who was filed more than one
certificate of candidacy may declare under oath
the office for which he desires to be eligible
and cancel the certificate of candidacy for the
other office or offices.

(2) Any person who, directly

or
indirectly, coerces,
bribes,
threatens,
harasses, intimidates, or
actually causes, inflicts or
produces any violence,
injury,
punishment,
torture, damage, loss or
disadvantage
to
any
person
or
persons
aspiring to become a
candidate or that of the
immediate member of his
family, his honor or
property that is meant to
eliminate
all
other
potential candidate.

If the death,
withdrawal occurs:

Prohibition against Multiple Candidacies

or

- after the last day for filing of the certificates

of candidacy ONLY a person belonging to,
and certified, by the same political party, may
file a certificate of candidacy to replace him.
- between the day before the election and midday of the election day the certificate may
be filed with any Board of Election Inspectors
in the political subdivision where he is a
candidate or with the COMELEC if it is a
national position. (Sec. 77, BP 881)
Petition to deny due course or to cancel
certificate
A verified petition to deny due course
to or cancel a certificate of candidacy may be
filed by any person EXCLUSIVELY on the
ground that a material misrepresentation
contained therein as required is false. Such
petition shall be filed any time not later than
25 days from the time of filing of the
certificate, and shall be decided not later than
15 days before the election. (Sec. 78, BP 881)

Whenever practicable, the Board of

Election Inspectors shall cause said list of
candidates to be written on the blackboard or
manila paper for posting inside the polling
place. The names of all candidates followed by
his nickname or stage name shall also be
printed in the election returns and tally sheets.
(Sec. 4, R.A. 6646)
ELECTION CAMPAIGN & EXPENDITURES
ELECTION CAMPAIGN
Election campaign or partisan political
activity
It is an act designed to promote the
election or defeat of a particular candidate or
candidates to a public office.
It does not include public expressions
of opinions or discussions of probable issues in
a forthcoming election or on attributes or
criticisms of probable candidates proposed to
be nominated in a forthcoming political party
convention.
Prohibitions

Members

of

the

board

of

25
election
inspections
are
prohibited from engaging in any
partisan political activity or from
taking part in the election
except to discharge their duties
as such and to vote. (Sec. 173,
BP 881)

Officers or employees of the

civil service are prohibited from
engaging directly or indirectly in
any electioneering or partisan
political campaigns. (Art. IX-B,
Sec. 2 (4), 1987 Constitution)

Members of the military are

prohibited
from
engaging
directly or indirectly in any
partisan political activity except
to vote. (Art. XVI, Sec. 5 (3),
1987 Constitution)

meeting or rally.

Paid advertisements in print or

broadcast
media.
Such
advertisements must comply
with the following requirements:

Campaign period
It is prohibited for any person, political
party or association of persons to engage in an
election campaign or partisan political activity
except during the campaign period. Violation
of this prohibition constitutes an election
offense. (Sec. 80, B.P. 881)

If the broadcast is given

free of charge by the radio
or TV station, it shall be
identified by the words
"airtime for this broadcast
was provided free of charge
by" followed by the true
and correct name and
address of the broadcast
entity.
(Sec. 4.2, R.A.
9006)

Print, broadcast or outdoor

advertisements donated to
the candidate or political
party shall not be printed,
published,
broadcast
or
exhibited without the written
acceptance by the said
candidate or political party.
Such
written
acceptance
must be attached to the
advertising
contract
and
submitted to the COMELEC
within 5 days after its
signing.
(Sec. 4.3, R.A.
9006, cf. Sec. 6.3, R.A.
9006)

Lawful election propaganda

(Sec. 3, R.A. 9006)
The following are lawful election propaganda:

Pamphlets,
leaflets,
cards,
decals, stickers, or other written
or printed materials the size of
which does not exceed 8
inches in width and 14 inches in
length;

Handwritten or printed letters

urging voters to vote for or
against any particular political
party or candidate for public
office;

Cloth,
paper or cardboard
posters, whether framed or
posted, with an area not
exceeding 2 feet by 3 feet.

NOTE: Streamers not exceeding 3

feet by 8 feet in size are allowed at
the site and on occasion of a public
meeting or rally or in announcing
the holding of such meeting or
rally.
Such streamers may be
displayed 5 days before the date of
the meeting or rally and shall be
removed within 24 hours after said

Any published or printed

political matter and any
broadcast
of
election
propaganda by TV or radio
for or against a candidate
or group of candidates to
any public office shall bear
and be identified by the
reasonably
legible
or
audible
words
political
advertisement paid for
followed by the true and
correct name and address
of the candidate or party
for whose
benefit
the
election propaganda was
printed or aired. (Sec. 4.1,
R.A. 9006)

All other forms of election

propaganda not prohibited by
the Omnibus Election Code or
the Fair Election Act of 2001.

Adiong v. COMELEC (207 SCRA 712)

In this case, the Supreme Court
declared
as
unconstitutional
COMELEC
Resolution No. 2347 insofar as it prohibits the

26
posting of decals and stickers on cars and
other moving vehicles since it infringes on the
right to freedom of expression. The restriction
is so broad as to include even a citizen's
privately-owned vehicle, which is equivalent to
deprivation of property without due process of
law.
Prohibited Acts
It is prohibited:
For any foreigner:

to aid any candidate or political

party, directly or indirectly;
to take part or influence in any
manner any election;
to contribute or make any
expenditure in connection with
any
election
campaign
or
partisan political activity

For any person during the campaign

period:

to remove, destroy, obliterate or

in any manner deface or tamper
with
lawful
election
propaganda;
to prevent the distribution of
lawful election propaganda

For any candidate, political

organization or any person:

party,

to give or accept, directly or

indirectly,
free
of
charge,
transportation, food or drinks or
things of value during the five
hours before and after a public
meeting, on the day preceding
the election, and on the day of
the election;

to give or contribute, directly or

indirectly, money or things of
value for such purpose.

Badoy v COMELEC (35 SCRA 285)

The prohibition against certain forms of
election propaganda was upheld as a valid
exercise of police power, to prevent the
perversion and prostitution of the electoral
apparatus, and of the denial of due process of
law.
Sanidad vs COMELEC ( 181 SCRA 529)
But this evil does not obtain in a
plebiscite where the electorate is asked to vote
for or against issues not candidates.

Mass Media
Equal access to media time and space
All registered parties and bona fide
candidates are guaranteed equal access to
media time and space under the Fair Election
Act. To this end, the COMELEC has the power
to supervise the use and employment of press,
radio and television facilities insofar as the
placement of political advertisements is
concerned to ensure that candidates are given
equal opportunities under equal circumstances
to make known their qualifications and their
stand on public issues.
Of course, such
political advertisements must be within the
limits set forth in the Omnibus Election Code
and R.A. 7166 on election spending.
Pursuant to such end:
Print advertisements shall not exceed
1/4 page, in broadsheet and 1/2 page
in tabloids thrice a week per
newspaper,
magazine,
or
other
publications, during the campaign
period;
Bona fide candidates and registered
political parties running for nationally
elective office are entitled to not
more than 120 minutes of TV
advertisement and 180 minutes of
radio advertisement whether by
purchase or by donation;
Bona fide candidates and registered
political parties running for locally
elective office are entitled to not
more than 60 minutes of TV
advertisement and 90 minutes of
radio advertisement whether by
purchase or by donation;
Broadcast stations or entities are
required to submit copies of their
broadcast logs and certificates of
performance to the COMELEC for the
review
and verification of the
frequency, date, time and duration of
advertisement broadcast for any
candidate or political party;
All mass media entities are required to
furnish the COMELEC with a copy of
all
contracts
for
advertising,
promoting or opposing any political
party or the candidacy of any person
for public office within 5 days after its
signing;
No franchise or permit to operate a radio
or TV station shall be granted or

27
issued, suspended or cancelled during
the election period.
Media practitioners
Moreover, media practitioners who are
officials of a political party or members of the
campaign staff of a candidate or political party
prohibited from using their media time or
space to favor any candidate or political party.
Media practitioners or personalities who are
candidates for any elective public office or are
campaign volunteers for or employed or
retained in any capacity by any candidate or
political party shall be deemed resigned, if so
required by their employer, or shall take a
leave of absence from their work as such
during the campaign period.
Public exhibitions
No
movie,
cinematograph,
or
documentary portraying the life or biography of
a candidate shall be publicly exhibited in a
theater, TV station or any public forum during
the campaign period. The same is true for
movies, cinematographs and documentaries
portrayed by actors or media personalities who
are themselves candidates.
Rallies, meetings and other political
activity
Application for permits to hold rally (Sec.
87, B.P. 881)
The holding of peaceful political rallies
during the campaign period is allowed. In
order to hold rallies, political parties must
follow the requirements of local ordinances on
the issuance of permits. All applications for
permits to hold meetings, rallies and other
similar political activities must be immediately
posted in a conspicuous place in the city or
municipal building, and the receipt thereof
acknowledged in writing.
Such applications
must be acted upon in writing by local
authorities concerned within 3 days after the
filing thereof. If the application is not acted
upon within said period, it is deemed
approved.
The only justifiable ground for denial of
the application for the permit is that a prior
written application by any candidate or political
party for the same purpose has been
approved.
Denial of any application for said
permit is appealable to the provincial election
supervisor or to the COMELEC whose decision
shall be made within 48 hours and which shall
be final and executory.
Notification of election registrar (Sec. 88,

B.P. 881)
The political party or candidate must
notify the election registrar of any rally. Within
7 working days, the political party or candidate
must submit to the election registrar the
expenses incurred during the rally.
COMELEC space, poster area, time and
information bulletin
COMELEC space
The COMELEC shall procure space in at
least one newspaper of general circulation in
every province or city, or in the absence of
such newspaper, in any other magazine or
periodical in said province or city, which shall
be known as COMELEC Space. COMELEC
space shall be allocated to the COMELEC upon
payment of just compensation, and shall be
utilized exclusively by the COMELEC for public
information dissemination on election-related
concerns. (Sec. 8, R.A. 9006)
Phil. Press Institute v. COMELEC
The Supreme Court declared sec. 2 of
COMELEC Resolution 2722 compelling print
media companies to donate COMELEC Space
as null and void. Sec. 2 does not constitute a
valid exercise of the power of eminent domain.
The element of necessity for the taking has not
been shown by COMELEC. There is no showing
that the members of the Philippine Press
Institute are unwilling to sell print space.
Furthermore,
it
has
not
been
demonstrated that the COMELEC has been
granted the power of eminent domain by the
Constitution or the Legislature. In addition,
sec. 2 does not constitute a valid exercise of
police power. First, there was no effort to
show that police power was constitutionally
delegated to the COMELEC.
Second, no
attempt was made to demonstrate that a real
and palpable or urgent necessity for the taking
of print space confronted the COMELEC.
Thus, COMELEC cannot procure print
space without paying just compensation
therefor.
COMELEC time
The COMELEC shall likewise air time in
at least 1 major broadcasting station or entity
in every province or city, or in the absence of
such entity, in any radio or TV station in said
province or city, which shall be known as
"COMELEC time." Such COMELEC time shall be
allocated to the COMELEC free of charge, and
shall be utilized exclusively by the COMELEC
for public information dissemination on

28
election-related concerns. (Sec. 8, R.A. 9006)
Telecommunications
and
Broadcast
Attorneys of the Philippines v.
COMELEC (289 SCRA 337)
In this case, which questioned the COMELEC's
power under Sec. 92, BP 881 to require TV
stations to give air time for candidates free of
charge, the Supreme Court held that such
power is valid and constitutional, being an
exercise of the plenary police power of the
State to promote the general welfare. The
Court gave the following reasons:
(1) All broadcasting, whether by radio or
TV, is licensed by the government,
and the franchise issued to a
broadcast station is always subject to
amendment, alteration or repeal by
Congress when the common good
requires. There is no better measure
for the common good than one for
free airtime for the benefit not only
of the candidates but even more of
the public, particularly the voters, so
that they will be informed of the
issues in an election, for after all, it
is the right of the viewers and
listeners, not of the broadcasters,
that is paramount.
(2) The COMELEC does not take over the
operation of radio and television
stations, but only the allocation of
airtime to the candidates, to ensure
equal opportunity, time and the right
to reply, as mandated by the
Constitution.
(3)

There are substantial distinctions in

the characteristics of the broadcast
media from those of the print media
which justify the different treatment
accorded to each for purposes of free
speech, viz: the physical limitations
of the broadcast spectrum, the
uniquely pervasive presence of the
broadcast media in the lives of all
Filipinos, and the earlier ruling that
the freedom of TV and radio
broadcasting is somewhat lesser than
the freedom accorded to the print
media.

COMELEC poster area (Sec. 9, R.A. 9006)

The COMELEC may authorize political
parties and party-list groups to erect common
poster areas for their candidates in not more
than 10 public places such as plazas, markets,
barangay centers and the like, wherein
candidates can post, display or exhibit
propaganda.
Such poster areas shall not
exceed 12 feet by 16 feet or its equivalent.

For independent candidates with no

political parties, the size of the common poster
area must not exceed 4 feet by 6 feet or its
equivalent.
COMELEC information bulletin (Sec. 93,
B.P. 881)
The COMELEC shall cause the printing
and supervise the dissemination of bulletins
which shall contain the picture, bio-data and
program of government of every candidate.
Any candidate can reprint these
bulletins, provided it is an exact replica and
shall bear the candidates name who caused
the reprint and the printers name.
COMELEC official sample ballot (Sec. 185,
B.P. 881, as amended by R.A. 7904)
At least 30 days before an election, the
COMELEC shall furnish every registered voter
with an unfilled official sample ballot, voter
information sheet, and a list of all registered
national, provincial and city candidates to be
voted in the said election.
The information sheet shall include the
voter's name, address, the precinct and the
place where he is registered, and simplified
instructions as to the casting of votes. The
names of the candidates shall be listed in
alphabetical order under their respective party
affiliation and a one-line statement not to
exceed 3 words of their occupation or
profession.
Persons nominated under the
party-list system shall likewise be included in
the above-mentioned list.
Public forum
(Sec. 9, R.A. 6646)
The COMELEC shall encourage nonpolitical
non-partisan
private
or
civic
organization to initiate and hold in every city
and municipality, public for a at which all
registered candidates for the same office may
simultaneously and personally participate to
present, explain and/or debate on their
campaign platforms and programs and other
like issues.
The COMELEC shall promulgate the
rules and regulations for the holding of such to
assure its non-partisan character and equality
of access thereto by all candidates.
Election surveys
(Sec. 5, R.A. 9006)

29
Election surveys, defined
Election
surveys
refer
to
the
measurement of opinions and perceptions of
the voters as regards a candidate's popularity,
qualifications, platforms or a matter of public
discussion in relation to the election, including
voters' preference for candidates or publicly
discussed issues during the campaign period.
Information required to be published in
the survey
During the election period, any person,
natural as well as juridical, candidate or
organization who publishes a survey must
likewise publish the following information:

The
name
of
the
person,
candidate, party or organization
who commissioned or paid for the
survey;
The name of the person, polling
firm or survey organization who
conducted the survey;
The period during which the
survey
was
conducted,
the
methodology used, including the
number of individual respondents
and the areas from which they
were selected, and the specific
questions asked;
The margin of error of the survey;
For each question for which the
margin of error is greater than
that reported above, the margin of
error for that question; and
A mailing address and telephone
number, indicating it as an address
or telephone number at which the
sponsor can be contacted to obtain
a written report regarding the
survey in accordance with Sec. 5.3
of R.A. 9006.

It must be noted that Sec. 5.4 which

prohibits the publication of surveys 15 days
(for national candidates) or 7 days (for local
candidates) before an election was declared
unconstitutional by the Supreme Court upon
a petition filed by the Manila Standard and
Social Weather Station, Inc. (SWS) The
decision, which was penned by Justice V.V.
Mendoza, stated that the provision "constitutes
an unconstitutional abridgment of freedom of
speech, expression and the press as it
imposes prior restraint and therefore, a direct
and total suppression of a category of
expression even for a limited period." (Exact
title of case and citation not available as of this
writing. See front page of Philippine Star, May
6, 2001, for details.)

Exit polls
(Sec. 5.5, R.A. 9006)
Exit polls may only be taken subject to
the following requirements:
Pollsters shall not conduct their surveys
within 50 meters from the polling
place, whether said survey is taken
in a home, dwelling place and other
places;
Pollsters shall wear distinctive clothing;
Pollsters shall inform the voters that
they may refuse to answer; and
The result of the exit polls may be
announced after the closing of the
polls on election day, and must
clearly identify the total number of
respondents, and the places where
they
were
taken.
Said
announcement shall state that the
same is unofficial and does not
represent a trend.
ABS-CBN v. COMELEC (January 28, 2000)
In this case, the Supreme Court held
that exit polls are valid. They do not violate
the principle of secrecy of the ballot since such
polls are purely voluntary on the part of the
voter and do not require him or her to reveal
his or her ballot.
ELECTION CONTRIBUTIONS &
EXPENDITURES
Contributions
Contributions defined
(Sec. 94a, B.P. 881)
"Contribution includes a gift, donation,
subscription, loan, advance or deposit of
money or anything of value, or a contract,
promise or agreement to contribute, whether
or not legally enforceable, made for the
purpose of influencing the results of the
elections but shall not include services
rendered without compensation by individuals
volunteering a portion or all of their time in
behalf of a candidate or political party.
It shall also include the use of facilities
voluntarily donated by other persons, the
money value of which can be assessed based
on the rates prevailing in the area.

30
Prohibited contributions
(Sec. 95, B.P. 881)
No contribution for purposes of
partisan political activity shall be made directly
or indirectly by any of the following:
Public or private financial institutions.
However, they are not prohibited from
making any loan to a candidate or
political party if:
(a) the financial institutions are
legally in the business of
lending money,
(b) the
loan
is
made
in
accordance with laws and
regulations; AND,
(c) the loan is made in the
ordinary course of business.
Natural and juridical persons operating
a public utility or in possession of or
exploiting any natural resources of the
nation;
Natural and juridical persons who hold
contracts or sub-contracts to supply
the government or any of its divisions,
subdivisions or instrumentalities, with
goods or services or to perform
construction or other works;
Natural and juridical persons who have
been granted franchises, incentives,
exemptions, allocations or similar
privileges or concessions by the
government or any of its divisions,
subdivisions
or
instrumentalities,
including GOCCs;
Natural and juridical persons who,
within 1 year prior to the date of the
election, have been granted loans or
other accommodations in excess of
P100,000 by the government or any of
its
divisions,
subdivisions
or
instrumentalities including GOCCs;
Educational institutions which have
received grants
of public
funds
amounting
to
no
less
than
P100,000.00;
Officials or employees in the Civil
Service, or members of the Armed
Forces of the Philippines;
Foreigners and foreign corporations,
including foreign governments. (Sec.
96, BP 881)
It is unlawful for any person to solicit

or receive any contribution from any of the

persons or entities enumerated.
Prohibited raising of funds
It is unlawful for any person to hold the
following for the purpose of raising funds for an
election campaign or for the support of any
candidate from the commencement of the
election period up to and including election
day:

dances,
lotteries,
cockfights,
games,
boxing bouts,
bingo,
beauty contests,
entertainments,
or
cinematographic, theatrical or
other performances

It is unlawful for any person or

organization, whether civic or religious, directly
or indirectly, to solicit and/or accept from any
candidate for public office, or from his
campaign manager, agent or representative, or
any person acting in their behalf, any gift,
food, transportation, contribution or donation
in cash or in kind from the commencement of
the election period up to and including election
day.
Note, however, that normal and
customary religious stipends, tithes, or
collections on Sundays and/or other designated
collection days, are excluded from this
prohibition.
Expenditures
Expenditures defined
(Sec. 94b, BP 881)
Expenditure" includes the payment or
delivery of money of anything of value, or a
contract, promise or agreement to make an
expenditure, for the purpose of influencing the
results of the election. It shall also include the
use of facilities personally owned by the
candidate, the money value of the use of which
can be assessed based on the rates prevailing
in the area.
Limitations on expenditures
(Sec. 13, R.A. 7166)
The
aggregate
amount
that
a
candidate or registered political party may

31
spend for an election campaign shall be as
follows:
For Candidates

President and Vice-President: P

10 for every voter currently
registered
Other Candidates: P 3 for every
voter current registered in the
constituency where he filed his
certificate of candidacy
Candidates Without a Political
Party: P 5 for every voter

For Political Parties

P 5 for every voter currently
registered in the constituency or
constituencies where it has
official candidates
Lawful expenditures
(Sec. 102, B.P. 881)
No candidate or treasurer of a political
party shall, directly or indirectly, make any
expenditure except for the following purposes:
(a) For traveling expenses of the
candidates
and
campaign
personnel in the course of the
campaign and for personal
expenses incident thereto;
(b) For
compensation
of
campaigners,
clerks,
stenographers,
messengers,
and other persons actually
employed in the campaign;
(c) For telegraph and telephone
tolls,
postage,
freight
and
express delivery charges;
(d) For stationery, printing and
distribution of printed matters
relative to candidacy;
(e) For employment of watchers at
the polls;
(f)
For rent, maintenance and
furnishing
of
campaign
headquarters, office or place of
meetings;
(g) For political meetings and rallies
and the use of sound systems,
lights and decorations during
said meetings and rallies;
(h) For newspaper, radio, TV and
other public advertisements;
(i)
For employment of counsel, the
cost of which shall not be taken
into account in determining the
amount of expenditures which a
candidate or political party may
have incurred;
(j)
For copying and classifying list of

voters,
investigating
and
challenging the right to vote of
persons registered in the list;
such costs shall not be taken
into account in determining the
amount of expenses which a
candidate or political party may
have incurred;
(k) For printing sample ballots in
such color, size and maximum
number as may be authorized by
the COMELEC, such costs not to
be
taken
into
account in
determining the amount of
expenses which a candidate or
political
party
may
have
incurred;
Persons authorized to incur expenditures
(Sec. 103, B.P. 881)
Only
the
following
persons
are
permitted by law to make any expenditure in
support of or in opposition to any candidate or
political party:

The candidate;
The treasurer of a political party;
Any person authorized by such
candidate or treasurer.

Expenditures duly authorized by the

candidate or the treasurer of the political party
shall be considered as expenditures of such
candidate or political party. The authority to
incur expenditures must:
(1) be in writing;
(2) be signed by the candidate or the
treasurer of the party;
(3) show the expenditures so authorized;
(4) state the full name and exact address
of the person so designated; and
(5) be furnished the COMELEC.
Prohibited donations
(Sec. 104, B.P. 881)
No candidate, his or her spouse or any
relative within the second civil degree of
consanguinity or affinity, or his campaign
manager, agent or representative shall during
the campaign period, on the day before and on
the day of the election, directly or indirectly,
make any donation, contribution or gift in cash
or in kind, or undertake or contribute to the
construction or repair of roads, bridges, school
buses, puericulture centers, medical clinics and
hospitals,
churches
or
chapels
cement
pavements, or any structure for public use or
for the use of any religious or civic
organization.

32
The same prohibition applies to
treasurers, agents or representatives of any
political party.

representative, or upon presentation of a

subpoena duces tecum duly issued by the
COMELEC.

Normal and customary religious dues

or contributions, such as religious stipends,
tithes or collections on Sundays or other
designated collection days, as well as periodic
payments
for
legitimate
scholarships
established and school contributions habitually
made before the prohibited period, are
excluded from the prohibition.

Failure of the candidate or treasurer to

preserve such records or documents shall be
deemed prima facie evidence of violation of
this provision of law. (Sec. 106c, B.P. 881)

Duties of candidates and political parties

Accounting of contributions and
expenditures
(Sec. 105, B.P. 881)
Every person receiving contributions or
incurring expenditures by authority of the
candidate or treasurer of the party shall, on
demand by the candidate or treasurer of the
party, render to the candidate or treasurer
concerned a detailed account thereof with
proper vouchers or official receipts.
Such
accounting must be given within 5 days after
receiving such contribution or incurring such
expenditure.
Keeping of detailed records of
contributions and expenditures
Keeping of records
Every candidate and treasurer of the
party shall keep detailed, full, and accurate
records of all contributions received and
expenditures incurred by him and by those
acting under his authority, setting forth therein
all information required to be reported. (Sec.
106b, B.P. 881)
Issuance of receipt
Every candidate, treasurer of the
political party, and person acting under the
authority of such candidate or treasurer has
the duty to:
(1) issue a receipt for every contribution
received; and
(2) keep a receipt stating the particulars
of every expenditure made.
Preservation of records
Records
of
contributions
and
expenditures must be preserved for at least 3
years after the holding of the election to which
they pertain, for their production for inspection
by the COMELEC or its duly authorized

Filing of Statement of Contributions and

Expenditures
Duty to file
Within 30 days after election day, the
candidate and the treasurer of the political
party must file with the COMELEC duplicate
copies of the full, true and itemized statement
of all contributions and expenditures in
connection with the election. (Sec. 14, R.A.
7166)
This requirement to file the statement
covers even those who withdrew as candidates
after having filed their certificates, because
Sec. 14 of R.A. 7166 does not make any
distinction. (Pilar v. COMELEC, 245 SCRA 759)
Duty of election registrar
candidates of their duty

to

advise

It is the duty of the city or municipal

election registrar to advise in writing, either by
personal delivery or by registered mail, within
5 days from the election date, all candidates to
comply with the obligation to file their
statements. (Sec. 14, R.A. 7166)
Form and contents of statement
The statement shall be in writing,
subscribed and sworn to by the candidate or by
the treasurer of the party, shall be complete as
of the date next preceding the date of filing,
and shall set forth in detail the following:
(a) the amount of contribution, date
of receipt, and the full name and
exact address of the person from
whom the contribution was
received;
(b) the
amount
of
every
expenditure, the date thereof,
the full name and exact address
of the person to whom payment
was made, and the purpose of
the expenditure;
(c) any unpaid obligation, its nature
and amount, and to whom said
obligation is owing; and
(d) such other particulars which the
COMELEC may require.
If the candidate or treasurer of the

33
party has received no contribution, made no
expenditure, or has no pending obligation, the
statement shall reflect such fact. (Sec. 109,
B.P. 881)
Effect of Failure to File
No person elected to any public office
shall enter upon the duties of his office until he
has filed the statement of contributions and
expenditures. (Sec. 14, R.A. 7166) The same
prohibition also applies if the political party of
the winning candidate fails to file the
statement within the required period
Failure to file the required statements
or reports constitutes an administrative
offense.
Offenders are liable to pay an
administrative fine ranging from P 1,000.00 to
P 30,000.00. Such fine shall be paid within 30
days from receipt of notice of such failure;
otherwise, the COMELEC shall enforce the
same by issuing a writ of execution against the
properties of the offender. The commission of
a second or subsequent offense under this
section subjects the offender to an increased
fine ranging from P 2,000.00 to P 60,000.00,
and to a perpetual disqualification to hold
office. (Sec. 14, R.A. 7166)
Except:
office

Repeal of Sec. 105-112 of B.P. 881 as

election offenses
Prior to R.A. 7166, failure to comply
with the duties imposed by Sec. 105-112 of
B.P. 881 constituted election offenses that were
punishable under Art. 262 of B.P. 881.
However, Sec. 39 of R.A. 7166 repealed the
inclusion of said provisions as election
offenses, with such repeal to have retroactive
effect.
THE ELECTION PROPER

Candidates for elective barangay

IN GENERAL

Pilar vs. COMELEC (245 SCRA 759)

The Supreme Court said that the
requirement to file the statement covers even
those who WITHDREW as candidates after
having filed their certificates because sec 14,
RA 7166 does not make any distinction.
Duties of contractors, suppliers and
business firms
Persons or firms to whom any electoral
expenditure is made have the duty to:
(a) Require every agent of a candidate
or of the treasurer of a political
party to present written authority
to incur electoral expenditures in
behalf
of
such
candidate
or
treasurer.
(b) Keep and preserve at its place of
business for a period of 3 years
after the date of the election copies
of such written authority, contracts,
vouchers,
invoices
and
other
records and documents relative to
said
expenditures,
subject
to
inspection by the COMELEC or its
authorized representative.

(c)

setting forth the full names and

exact addresses of the candidates,
treasurers of political parties and
other persons incurring such
expenditures,
the
nature
or
purpose of each expenditure, the
date and costs thereof, and such
other particulars as the COMELEC
may require within 30 days after
the day of the election. The
report shall be signed and sworn
to by the supplier or contractor, or
by the president or general
manager in case of a business
firm. (Sec. 112, B.P. 881)

File with the COMELEC a report

What constitutes an election

An election is constituted when there is
a plurality of votes sufficient for a choice
conditioned on the plurality of valid votes or a
valid constituency regardless of the actually
number of votes cast. Otherwise, there would
be no winner.
It is not necessary that a majority of
voters should have elected the winning
candidate. Even if a candidate wins due to a
minority vote, if the election is lawfully held, a
plurality of the majority is sufficient.
Those who did not vote are assumed to
assent to the action of those who voted.
Failure of elections
Grounds for
elections

declaration

of

failure

of

In the case of Joseph Peter Sison v.

COMELEC (G.R. No. 134096, March 3, 1999),
the Supreme Court said that there are only 3
instances where a failure of elections may be
declared, namely:
(1) The election in any polling place has
not been held on the date fixed on

34
account of force majeure, violence,
terrorism, fraud, or other analogous
causes;
(2) The election in any polling place
had been suspended before the
hour fixed by law for the closing of
the voting on account of force
majeure, violence, terrorism, fraud,
or other analogous causes; and

(3) After

the voting and during the

preparation and transmission of the
election returns or in the custody or
canvass
thereof such election
results in a failure to elect on
account of force majeure, violence,
terrorism, fraud or other analogous
causes.

The causes for the declaration of a

failure of election may occur before or after the
casting of votes or on the day of the election.
(Sec. 4, R.A. 7166)
How declared
The declaration of a failure of election
is decided by the COMELEC en banc by a
majority vote of its members. (Sec. 4, R.A.
7166)
Procedure for declaration of failure of
elections shall be discussed in the last part of
this reviewer.
Holding or continuation of election
The COMELEC shall call for the holding
or continuation of the election on a date
reasonably close to the date of the election not
held, suspended, or which resulted in a failure
to elect but not later than 30 days after the
cessation of the cause of such suspension or
failure to elect. (Sec. 6, B.P. 881)
Postponement of elections
Grounds for postponement of elections
An election may be postponed by the
COMELEC either motu proprio or upon a
verified petition by any interested party when
there is violence, terrorism, loss or destruction
of election paraphernalia or records, force
majeure, or other analogous cause of such a
nature that the holding of a free, orderly and
honest election becomes impossible in any
political subdivision. (Sec. 5, B.P. 881)

7166)
Holding of election
The COMELEC shall call for the holding
of the election on a date reasonably close to
the date of the election not held, suspended,
or which resulted in a failure to elect but not
later than 30 days after the cessation of the
cause for such postponement or suspension of
the election or failure to elect. (Sec. 5, B.P.
881)
Special election
(Sec. 4, R.A. 7166)
In case a permanent vacancy occurs in
the Senate or House of Representatives at
least 1 year before the expiration of the term,
the COMELEC shall call and hold a special
election to fill the vacancy not earlier than 60
days nor longer than 90 days after the
occurrence of the vacancy.
However, in case of such vacancy in
the Senate, the special election shall be held
simultaneously with the succeeding regular
election.
CASTING OF VOTES
Secrecy of the Ballot
The distinguishing feature of this mode
of voting, is that every voter is thus enabled to
secure and preserve the most complete and
violable secrecy in regard to the person for
whom he votes, and thus escapes the
influences which, under the system of oral
suffrages, may be brought to bear upon him
with a view to overbear and intimidate, and
thus prevent the real expression of public
sentiment.
A legal voter will not be compelled to
disclose for whom he voted. Moreover, third
persons are not permitted to testify to its
purport.
The voter may, however, if he chooses,
waive his privilege of secrecy and voluntarily
disclose the contents of his ballot. Thus, it was
held in the case of ABS-CBN v. COMELEC
(January 28, 2000) that exit polls are valid
since they are voluntary and do not require a
voter to reveal the contents of his or her ballot
if he or she does not want to.

How declared
The declaration of a postponement of
election is decided by the COMELEC en banc by
a majority vote of its members. (Sec. 4, R.A.

Method of voting
Voter must vote in person.

35
The voter must personally deposit his
ballot.
By the principle that what is done in
ones presence and by his express direction is,
in law, his act, an infirm or aged voter may
undoubtedly employ another to perform the
mechanical act of depositing in the voters
presence the ballot which the latter has himself
selected.
Voter must vote but once.
Each voter shall vote but once, at any
election, for each office or measure to be voted
for.

Board of Election Inspectors

Voter need not vote the whole ticket.

It is entirely optional with the voter
whether he will vote at all or not, and he may
vote for such offices as he chooses and for
such of the several persons to be chosen to the
same office as he prefers.

Absentee Voting

members of the AFP

members of the PNP
other
government
employees

officers

At least 30 days before the date when

the voters list is to be prepared, in the case of
a regular election or 15 days before a special
election, the COMELEC shall, directly or
through its duly authorized representatives,
constitute a board of election inspectors for
each precinct.
Composition

Under RA 7166, absentee voting as

provided for in EO 157 shall apply to the
elections for President, Vice-President, and
Senators ONLY and shall be limited to:

EXCEPTION:
When there are voters
present within 30 meters in front of the
polling place who have not yet cast their
votes, in which case the voting shall
continue but only to allow said voters to
cast their votes without interruption. The
poll clerk shall prepare a complete list
containing the names of said voters
consecutively numbered, and the voters
so listed shall be called to vote by
announcing each name repeatedly three
times in the order in which they are
listed. Any voter in the list who is not
present when his name is called out shall
not be permitted to vote.

and

who are duly registered voters and who, on

election day, may temporarily be assigned in
connection with the performance of their
election duties to places where they are not
registered voters.
Block Voting
There is no longer block voting under
current Philippine Election Laws, having been
expressly prohibited by Art. IX-C, Sec. 7 of the
1987 Constitution.
However, it must be noted that under
the party-list system, votes may be counted in
favor of political parties, organizations or
coalitions rendered under said system. This, in
a way, may be construed as the exception to
the prohibition on block voting.
Voting Hours
GENERAL RULE: The casting of votes
shall be at 7 a.m. and shall end at 3 p.m.

The Board of Election Inspectors is

composed of three (3) persons, namely:

chairman
poll clerk
member

The entire Board shall be composed of

public school teachers, priority to be given to
those with permanent appointments. (Sec.
164, BP 881, as amended by Sec. 13, R.A.
6646) However, in case there are not enough
public school teachers, the following may be
appointed for election duty:

teachers in private schools;

employees in the civil
service; or
other citizens of known
probity and competence
who are registered voters
of the city or municipality

Qualifications
1) public school teachers
2) be of good moral character and
irreproachable reputation
3) a registered voter of the City or
municipality
4) never been convicted of any election
offense or any other crime punishable
by more than 6 months imprisonment
5) able to speak and write English or the
local dialect

36
Disqualifications
1) must not be related within the 4 th civil
degree by consanguinity or affinity to
any member of the BEI or to any
candidate to be voted for in the polling
places
2) must not engage in any partisan
political activity
Powers
of
the
Board
of
Inspectors (Sec. 168, BP 881)

Election

The board of election inspectors shall

have the following powers and functions:

Conduct the voting and counting of

votes in their respective polling
places;
Act as deputies of the Commission
in the supervision and control of
the election in the polling places
wherein they are assigned, to
assure the holding of the same in
a
free,
orderly
and
honest
manner;
Perform such other functions
prescribed
by
the
Omnibus
Election Code or by the rules and
regulations promulgated by the
COMELEC

Proceedings
Shall be public and held only in the
polling places.
Exception: the counting of the votes
and the preparation of the return may be done
in the nearest safe baranggay or school
building within the municipality BY unanimous
vote of the board and concurred in by the
majority of the watchers present IF there is
imminent danger of violence, terrorism,
disorder or similar causes.
The BEI shall act through its
Chariman, and shall decide without delay by
majority vote all questions which may arise in
the performance of its duties.
Prohibitions on the
Inspectors

Board of Election

No member of the Board shall, before

the termination of the voting, make any
announcement as to whether a certain
registered voter has already voted or not, as to
how many have already voted or how many so
far have failed to vote, or any other fact
tending to show or showing the state of the
polls, nor shall he make any statement at any
time as to how any person voted, except as
witness before a court. (Sec. 205, BP 881)

Watchers
Each candidate and each political party
or coalition of political parties duly registered
with
the
Commission
including
those
participating under the party list system of
representation, may appoint two watchers, to
serve alternately, in every polling place.
However, candidates for Sangguniang
Panlalawigan,
Sangguniang
Lunsod
and
Sangguniang Bayan, belonging to the same
ticket or slate shall collectively entitled to 1
watcher.
Duly accredited citizens arms of the
Commission, shall be entitled to appoint a
watcher in every polling place. Other civic,
religious, professional, business, service,
youth, and other similar organization, with
prior authority from the Commission, shall be
entitled collectively, to appoint 1 watcher in
polling place.
Qualifications:
1) Qualified
voter
of
the
city
or
municipality
2) Good reputation
3) Never been convicted of any election
offence or any crime
4) Knows how to read and write English,
Pilipino or any of the prevailing local
dialects
5) Not related within the 4th civil degree
by consanguinity or affinity to any
member of the BEI in the polling place
where he seeks appointment as
watcher.
Rights and duties:
1) Stay in the space reserved for then
inside the polling place
2) Witness and inform themselves of the
proceedings of the BEI
3) Take
notes,
photographs
of
proceedings
4) File protests against any irregularities
or violation of law
5) Be furnished with a certificate of the
number of votes cat for each
candidate, duly signed and thumb
marked by the members of the BEI.
CASTING OF VOTES
Authentication of the ballot
In every case, before delivering
official ballot to the voter, the chairman of
Board of Election Inspectors shall affix
signature at the back of the ballot in
presence of the voter.

an
the
his
the

37
Failure to authenticate shall be noted in
the minutes of the Board of Election Inspectors
and shall constitute an election offense. (Sec.
24, R.A. 7166)
There is nothing in the law that
provides that a ballot which has not been
authenticated shall be deemed spurious. The
law merely makes the Chairman of the Board
of Election Inspectors accountable for such an
omission. (Libanan v. HRET, G.R. No. 129783,
December 22, 1997) Thus, it was held in
Punzalan v. COMELEC (289 SCRA 702) that the
ballot is valid even if it is not signed at the
back by the BEI Chairman.
Preparing the ballot and voting
(1) The voter, upon receiving his
folded ballot, shall forthwith proceed to
one of the empty voting booths and shall
there fill his ballot by writing in the
proper space for each office the name of
the individual candidate for whom he
desires to vote.
No voter shall be allowed:

to enter a booth occupied

by another, nor enter the
same accompanied by
somebody,
except
as
provided
for
in
the
succeeding
section
hereof;

to stay therein
longer
time
necessary

to speak with anyone

other than as herein
provided while inside the
polling place.

for a
than

It shall be unlawful:

to prepare the ballot outside

the voting booth;
to exhibit its contents to any
person
to erase any printing from
the ballot
to intentionally tear or deface
the same or put thereon any
distinguishing mark;
to use carbon paper, paraffin
paper, or other means for
making a copy of the
contents of the ballot;
to make use of any other
means to identify the vote of
the voter.

Preparation of Ballots for Illiterates and

Disabled Persons (Sec. 196, B.P. 881)
No voter shall be allowed to vote as an
illiterate or as a physically disabled
unless it is so indicated in his
registration record.
A voter who is illiterate or physically
unable to prepare the ballot by himself
may be assisted in the preparation of
his ballot by the following:
(a) a relative by affinity or
consanguinity within the fourth
civil degree, or
(b) if (a) is not available, then any
person of his confidence who
belongs
to
the
same
household; or
(c) any member of the board of
election inspectors.
In no case shall an assistor assist
more than 3 times.
The person assisting shall:

prepare the ballot for the

illiterate or disabled voter
inside the voting booth;

bind himself in a formal

document under oath to fill
out the ballot strictly in
accordance
with
the
instructions of the voter and
not to reveal the contents of
the ballot prepared by him.
A violation of these 2 duties
shall constitute an election
offense.
Spoiled Ballots
If a voter should accidentally
spoil or deface a ballot in
such a way that it cannot
lawfully be used, he shall
surrender it folded to the
chairman who shall note in
the corresponding space in
the voting record that said
ballot is spoiled. The voter
shall then be entitled to
another ballot which the
chairman shall give him after
announcing the serial number
of the second ballot and
recording the serial number
in the corresponding spaces
in the voting record.

38
No voter shall change his ballot
more than once. (Sec. 14, R.A. 8436)
The spoiled ballot shall,
without being unfolded and
without
removing
the
detachable
coupon,
be
distinctly marked with the
word "spoiled" and signed by
the
board
of
election
inspectors
on
the
endorsement fold thereof and
immediately placed in the
compartment
for
spoiled
ballots.

(7)
The chairman, after finding
everything to be in order, shall then
detach the coupon in the presence of the
board of election inspectors and of the
voter and shall deposit the folded ballot in
the compartment for valid ballots, and the
detached coupon in the compartment for
spoiled ballots.
Any ballot returned to
the
chairman
whose
detachable coupon has
been removed not in the
presence of the board of
election inspectors and of
the
voter,
shall
be
considered as spoiled and
shall be so marked and
signed by the members of
the board of election
inspectors.

(2) After the voter has filled his ballot

he shall fold it in the same manner as
when he received it and return it to the
chairman.
(3) In the presence of all the members
of the board of election inspectors, he
shall affix his thumbmark on the
corresponding space in the coupon, and
deliver the folded ballot to the chairman.
(4) The chairman, in the presence and
view of the voter and all the members of
the board of election inspectors, without
unfolding the ballot or seeing its contents,
shall verify its number from the voting
record where it was previously entered.
Any ballot whose number
does not coincide with the
number
of
the
ballot
delivered to the voter, as
entered in the voting record,
shall be considered as spoiled
and shall be so marked and
signed by the members of the
board of election inspectors.
(5)
The voter shall affix his
thumbmark by the side of his signature in
the space intended for that purpose in the
voting record and the chairman shall
apply silver nitrate and commassie blue
on the right forefinger nail or on any other
available finger nail, if there be no
forefinger nail.
(6)
The chairman shall sign in the
proper space beside the thumbmark of the
voter.
Note that the absence of
the
signature
of
the
chairman in the ballot
given to a voter as proof
of the authenticity of the
ballot, is fatal.

(8) The voter shall then depart.

Challenge of Illegal Voters
(Sec. 199, B.P. 881)
Any voter or watcher may challenge
any person offering to vote for not being
registered, for using the name of another or
suffering from existing disqualification. In such
case, the board of election inspectors shall
satisfy itself as to whether or not the ground
for the challenge is true by requiring proof of
registration or the identity of the voter.
No voter shall be required to present
his voter's affidavit on election day unless his
identity is challenged. His failure or inability to
produce his voter's affidavit upon being
challenged, shall not preclude him from voting
if his identity be shown from the photograph,
fingerprints, or specimen signatures in his
approved application in the book of voters or if
he is identified under oath by a member of the
board of election inspectors and such
identification shall be reflected in the minutes
of the board.
Challenge Based on Certain Illegal Acts
(Sec. 200, B.P. 881)
Any voter or watcher may challenge any voter
offering to vote on any of the following
grounds:

that the challenged person

has received or expects to
receive, has paid, offered or
promised
to
pay,
has
contributed,
offered
or
promised
to
contribute

39
money or anything of value
as consideration for his vote
or for the vote of another;

that he has made

or
received
a
promise
to
influence
the
giving
or
withholding of any such
vote; or

that he has made a bet or is

interested
directly
or
indirectly in a bet which
depends upon the result of
the election.

The challenged person shall take a

prescribed oath before the board of election
inspectors that he has not committed any of
the acts alleged in the challenge. Upon the
taking of such oath, the challenge shall be
dismissed and the challenged voter shall be
allowed to vote, but in case of his refusal to
take such oath, the challenge shall be
sustained and he shall not be allowed to vote.
Non-conclusiveness
of
admission
challenged vote (Sec. 201, B.P. 881)

of

It must be noted that the admission of

the challenged vote shall not be conclusive
upon any court as to the legality of the
registration of the voter challenged or his vote
in a criminal action against such person for
illegal registration or voting.
Records or Statements to be Prepared and
Kept

Record of Challenges and Oaths

The poll clerk shall keep a prescribed
record of challenges and oaths taken in
connection therewith and the resolution of the
board of election inspectors in each case and,
upon the termination of the voting, shall certify
that it contains all the challenges made.
The original of this record shall be
attached to the original copy of the minutes of
the voting as provided in the succeeding
section. (Sec. 202, B.P. 881)

Copies of this statement after being duly

accomplished shall be sealed in separate
envelopes and shall be distributed as follows:

Minutes of Voting and Counting of Votes

The board of election inspectors shall
prepare and sign a statement in four copies
setting forth the following:

time
the
voting
commenced and ended;
serial numbers of the
official
ballots
and
election returns, special
envelopes
and
seals

received;
number of official ballots
used and the number left
unused;
number of voters who
cast their votes;
number
of
voters
challenged
during
the
voting;
names of the watchers
present;
time the counting of
votes commenced and
ended;
number of official ballots
found
inside
the
compartment for valid
ballots;
number of valid ballots
retrieved
from
the
compartment for spoiled
ballots, if any;
number of ballots found
folded together, if any;
number of spoiled ballots
withdrawn
from
the
compartment for valid
ballots;
number of excess ballots;
number
of
marked
ballots;
number of ballots read
and counted;
time the election returns
were signed and sealed in
their respective special
envelopes;
number and nature of
protests
made
by
watchers;
such other matters that
the
Commission
may
require.

the original to the city or

municipal
election
registrar;
the second copy to be
deposited
inside
the
compartment for valid
ballots of the ballot box;
the third and fourth
copies
to
the
representatives of the
accredited
political
parties. (Sec. 203, B.P.
881)

List of Unused Ballots

40
The chairman of the board of election
inspectors shall prepare a list showing the
number of unused ballots together with the
serial numbers.

2.

The chairman of the board of

election inspectors shall take
the ballots of the first pile one
by one and read the names of
candidates voted for and the
offices for which they were
voted in the order in which they
appear thereon, assuming such
a position as to enable all of the
watchers to read such names.

3.

The chairman shall sign and

affix his right hand thumbmark
at the back of the ballot
immediately after it is counted.

4.

The poll clerk, and the third

member,
respectively,
shall
record on the election returns
and the tally board or sheet
each vote as the names voted
for each office are read. (The
election returns are mandated
by
law
to
be
prepared
simultaneously
with
the
counting of the votes.)

5.

The COMELEC in the interest of free,

orderly, and honest elections, may order the
board of election inspectors to count the votes
and to accomplish the election returns and
other forms prescribed under the Omnibus
Election Code in any other place within a public
building in the same municipality or city. The
public building shall not be located within the
perimeter of or inside a military or police camp
or reservation nor inside a prison compound.

After finishing the first pile of

ballots, the board of election
inspectors shall determine the
total number of votes recorded
for each candidate, the sum
being noted on the tally board
or sheet and on the election
returns. In case of discrepancy
such recount as may be
necessary shall be made. The
ballots shall then be grouped
together again as before the
reading. Thereafter, the same
procedure shall be followed with
the second pile of ballots and so
on successively.

6.

If it becomes necessary to transfer the

counting of votes to a safer place on account of
imminent danger of violence, terrorism,
disorder or similar causes, the Board of
Election Inspectors may effect such transfer by
unanimous approval by the Board and
concurrence by the majority of the watchers
present. (Sec. 18, R.A. 6646)

After all the ballots have been

read, the board of election
inspectors shall sum up the
totals
recorded
for
each
candidate, and the aggregate
sum shall be recorded both on
the tally board or sheet and on
the election returns.

7.

It shall then place the counted

ballots in an envelope provided
for the purpose, which shall be
closed signed and deposited in
the compartment for valid
ballots.

8.

The tally board or sheet as

accomplished and certified by
the board of election inspectors
shall
not be
changed or

This list shall be signed by all the

members of the board of election inspectors,
after which all the unused ballots shall be torn
halfway in the presence of the members of the
board of election inspectors. (Sec. 204, B.P.
881)
COUNTING OF VOTES
The counting of votes is conducted by
the Board of Election Inspectors, which shall
not adjourn or postpone or delay the count
until it has been fully completed, unless
otherwise ordered by the COMELEC.
Counting proper
Counting to
Interruption

be

Public

and

Without

As soon as the voting is finished, the

board of election inspectors shall publicly count
in the polling place the votes cast and
ascertain the results.
The Board shall not
adjourn or postpone or delay the count until it
has been fully completed, unless otherwise
ordered by the COMELEC.
Venue for counting of votes

Manner of Counting Votes

1.

The board of election inspectors

shall unfold the ballots and form
separate piles of one hundred
ballots each, which shall be held
together with rubber bands,
with cardboard of the size of the
ballots to serve as folders.

41
destroyed but shall be kept in
the compartment for valid
ballots.
Duties of the Board of Election Inspectors
in Counting the Votes
The boards duties are confined to the
conduct of the elections and the counting of
votes. The board of election inspectors does
not decide the eligibility of candidates, and
therefore has no authority to ignore the votes
for a candidate who has filled out his certificate
of candidacy in the proper form.
Counting should be liberal to effectuate
the will of the electorate. Voters should not be
disenfranchised for technical causes.
It is the duty of the board of election
inspectors to issue a certificate of the number
of the votes received by a candidate upon
request of the watchers. All the members of
the board of election inspectors shall sign the
certificate.
Marked Ballots
Marked ballots defined
Marked ballots are ballots containing a
distinguishing mark which would tend to
identify the voter who cast such ballot.

nullification of ballots for being marked as

following a design or pattern, is the existence
of evidence aliunde tending to show the
intention or purpose in the use of the
contested manner or means of voting, which is
to identify the ballots. In the absence of
evidence aliunde clearly showing the intention
or plan was for purposes of identification, signs
on ballots are presumed accidental.
A majority vote of the board of election
inspectors shall be sufficient to determine
whether a ballot is marked or not.
All marked ballots shall be placed in an
envelope labeled "marked ballots" which shall
be sealed and signed by the members of the
board of election inspectors and placed in the
compartment for valid ballots and shall not be
counted.
Instances of Marked Ballots
Non-official ballots which the board of
election inspectors may find, EXCEPT those
which have been used as emergency
ballots, are considered as marked ballots.
Other examples of marked ballots include the
following:

Where 170 ballots were voted for in the

same manner and there is evidence
aliunde to prove that such manner of
voting was planned.

Some unscrupulous persons taking

advantage of their influence or political
prestige may require voters to place a
distinguishing mark on their ballot, in
consideration of some promise, reward or
other valuable consideration and to which the
voters would have no escape because of the
distinguishing marks required of them to place
on their ballots.
This threatens the
independence of the voters in the exercise of
their right to vote. Hence, the prohibition on
marked ballots.

Where the name of 1 candidate is

clearly and markedly indented to the
right to make the ballot easily
distinguishable.

Use of two or more kinds of writing

deliberately put by the voter to serve as
identification marks.

Writing the name of a person who is not

a candidate 3 times on 3 spaces
provided for in different offices.

Effect of Marked Ballots

Marked ballots are invalidated in their

entirety, and none of the votes therein are
counted.

Expressions opposite the space for

candidates written for the purpose of
identification.

The inclusion of the names of 2 wellknown movie stars who were not
candidates.

Writing the name of a registered voter

who is not a candidate.

The placing, without explanation of

initials, after the corrected names of
candidates for mayor and vice-mayor.

Purpose of Disallowing Marked Ballots

Determination of Marked Ballots

In discounting marked ballots, great
care should be used in rejecting them. Election
laws are designed to effectuate the will of the
electorate. Only in an unmistakable case where
the ballot appeared to be marked, should it be
rejected.
The

determinative

factor

in

the

42

Placing a big letter X immediately after

the name of a candidate for councilor.

The capital letter N opposite

printed words for senators.

Writing the word sinador in a place far

and separate from the proper spaces
for candidates.

the

Writing impertinent, irrelevant

unnecessary expression

and

Placing the fingerprint

without reason.

The presence of an arrow together with

the words and party.

of

the

voter

Instances when Ballot is not Considered

Marked
The following ballots have been considered
NOT marked:

Writing the word sorry after the name

of a candidate as an expression of
regret for committing a mistake.

Canceling names and re-writing them to

conform with a sample ballot.

Misspelling the name of a candidate.

Illegible writings, being imprints of other

names written on the ballot caused by
the folding of the same.

Writing crosses and circles signifying the

desistance of the voter to write any
other name.

Writing a word before the name of a

candidate as an appellation of affection
or friendship.

Affixing the nickname of a candidate.

Innocent erasures in the spaces for the

candidates.

Corrected name written over the

canceled one on the space for councilor
although he is a candidate for mayor.

Mistakes in writing names of local

candidates in spaces for senators and
writing again the names of his
candidates for councilors in the proper
spaces.

Unintentional, accidental, unintelligible

marks or words.

Accidental placing of a stain.

Voting names of non-candidates in the

absence of evidence that these names
were used as identifying marks.
Appreciation of Ballots

Guiding Principles in the Appreciation of

Ballots
DOUBTS are to be resolved in FAVOR of
the validity of ballots.
The purpose is of
election laws is to give effect and not to
frustrate the WILL of the voter.
LIBERAL CONSTRUCTION in reading
the ballots, and intendments should be in favor
of a reading which render the ballot EFFECTIVE
rather than in favor of a conclusion which on
some technical grounds would render it
ineffective.
Minor blemishes should not affect the
validity of the ballot where the intention of the
voter to vote for certain persons is discernible
in the ballot.
Errors in spelling, honest mistakes due
to ignorance or illiteracy should not defeat the
intention of the voter. However, if the ballot is
so defective as to fail to show any intention, it
must be disregarded.
Sanchez vs. COMELEC ( 153 SCRA 67)
Appreciation of ballots is a function of
the BEI, not the Board of Canvassers.
Bautista vs. Castro ( 206 SCRA 305)
In appreciating a ballot, the object
should be to ascertain and carry into effect the
intention of the voter if it can be determined
with reasonable certainty.
Rules for Appreciation of Ballots
211, BP 881)

(Sec.

Every ballot shall be PRESUMED VALID UNLESS

there is clear and good reason to reject it.
HOW
C
O
U
N
T
E
D

BALLOT

Ballots containing the name

of a candidate affixed
thereto
through
any

Totally VOID

43
MECHANICAL process

for at least 1
year counted
for
the
INCUMBENT

Ballot clearly appears to

have been FILLED by 2
DIFFERENT
PERSONS
before deposited in ballot
box

Totally VOID

Ballot written with CRAYON,

LEAD PENCIL or INK, wholly
or in part

Valid

INITIALS only or ILLEGIBLE

or does NOT sufficiently
identify the candidate for
whom it is intended

Considered as a
STRAY vote BUT
shall
NOT
invalidate
the
whole ballot

Vote for a person who has

not filed a certificate of
candidacy or in favor of a
candidate for an office for
which he did not present
himself

Considered as a
STRAY vote BUT
shall
NOT
invalidate
the
whole ballot

Vote for a candidate who

has been disqualified by
final judgment

Considered as a
STRAY vote but
shall
not
invalidate
the
whole ballot

Only
candidates
FIRST
NAME or SURNAME is
written, and there is NO
other candidate with the
same
first
name
or
surname for the same office

Vote
for
candidate
valid

Only
candidates
FIRST
NAME is written which when
read has a SOUND SIMILAR
to the SURNAME of another
candidate

Vote counted in
favor
of
the
candidate
with
such SURNAME

If there are 2 or more

candidates with the SAME
FULL NAME, FIRST NAME or
SURNAME, and one of them
is the INCUMBENT, and on
the ballot is written ONLY
such full name, first name
or surname

Vote counted for

the INCUMBENT

Woman candidate uses her

MAIDEN NAME or MARRIED
NAME or BOTH, and there is
another candidate with the
SAME SURNAME

A ballot bearing
only
such
surname shall be
counted in favor
of the candidate
who
is
an
INCUMBENT.

2 or more words are written

on the SAME LINE on the
ballot, and ALL of which are
the SURNAMES of 2 or
MORE CANDIDATES

the
is

Vote shall NOT

be counted for
any
of
them
UNLESS one is
the surname of
the
incumbent
who has served

2 or more words are written

on DIFFERENT LINES on the
ballot, ALL of which are the
SURNAMES of 2 MORE
CANDIDATES bearing the
same
surname
for
an
OFFICE of r which the law
authorizes the election of
MORE THAN ONE and there
are the SAME NUMBER of
such SURNAMES written as
there are candidates with
that surname

Vote counted in
favor
of
ALL
CANDIDATES
bearing
the
surname

1 word is written on the

ballot which is the FIRST
NAME of a candidate and
which is also the SURNAME
of his opponent

Vote counted for

the
OPPONENT
(SURNAME)

2 words written on the

ballot, 1 of which is the
FIRST
NAME
of
the
candidate and the other is
the
SURNAME
of
his
opponent

Vote shall NOT

be counted for
either

Name
or
surname
INCORRECTLY
WRITTEN
which when READ has a
SOUND SIMILAR to the
name or surname of a
candidate when correctly
written (Idem sonans rule)

Vote counted in
favor of such a
candidate

Vote shall be
counted for the
candidate for the
office for which
he is running for.
Name or surname of a
candidate appears in the
space of the ballot for an
office for which he is a
candidate and for an office
for which he is NOT a
candidate

Name of a candidate is NOT

written in the PROPER
SPACE on the ballot but is
PRECEDED by the name of
the OFFICE for which he is
a candidate

Vote
for
the
office for which
he is NOT a
candidate
shall
be considered a
STRAY
vote
EXCEPT when it
is
used
to
identify
the
voter in which
case the whole
ballot is VOID.

Vote counted for

the candidate

44
Words
written
on
the
APPROPRIATE BLANK on
the ballot is the IDENTICAL
NAME or SURNAME or FULL
NAME of 2 or MORE
candidates for the SAME
OFFICE, none of whom is
the incumbent

Vote counted in
favor
of
that
candidate
to
whose
ticket
belong all the
other candidates
voted for in the
same ballot for
the
same
constituency.

PREFIXES such as "Sr.",

"Mr.",
"Datu",
"Don",
"Ginoo", "Hon.", "Gob." or
SUFFIXES like "Hijo", "Jr.",
"Segundo"

PREFIXES
SUFFIXES
valid

CIRCLES, CROSSES, LINES

on spaces which the voter
has not voted

Considered
as
signs
of
his
desistance from
voting and shall
NOT
invalidate
the ballot

Space in the ballot appears

a NAME of a candidate that
is ERASED and another
CLEARLY WRITTEN

Vote counted for

the one CLEARLY
WRITTEN

ACCIDENTAL
tearing
perforation of the ballot

Shall NOT annul

it

or

AND
are

Failure
to
remove
the
DETACHABLE COUPON from
the ballot

Shall NOT annul

the ballot

Erroneous initial of FIRST

NAME
accompanied
by
CORRECT SURNAME of the
candidate

Shall NOT annul

the vote

Erroneous
initial
of
SURNAME accompanied by
CORRECT FIRST NAME of
the candidate

Shall NOT annul

the vote

Erroneous MIDDLE INITIAL

Shall NOT annul

the vote

The fact that there exists

another person who is NOT
a candidate with the same
first name or surname of a
candidate

Shall NOT annul

the vote

COMMAS, DOTS, HYPHENS

between the first name and
surname of the candidate
or on other parts of the
ballot
Traces of letter T or J or
similar ones
First letters or syllables of
names which the voters
does not continue

Shall
NOT
invalidate
the
ballot UNLESS it
clearly appears
that they were
deliberately put
by the voter as
IDENTIFICATION
marks in which
case, the ballot
is VOID

UNINTENTIONAL
or
ACCIDENTAL
flourishes,
strokes, strains

NICKNAMES
and
APPELATIONS of affection
and friendship accompanied
by the FIRST NAME or
SURNAME of the candidate

Shall NOT annul

the vote EXCEPT
when such is
used to identify
the
voter
in
which case, the
whole ballot is
VOID

NICKNAME used is one by

which the candidate is
generally or POPULARLY
KNOWN in the locality and
UNACCOMPANIED by a first
name or surname of the
candidate

Vote counted for

the candidate IF
there is no other
candidate for the
SAME
OFFICE
with the SAME
NICKNAME

CORRECTLY written FIRST

NAME of the candidate with
a DIFFERENT SURNAME

Vote
NOT
counted in favor
of any candidate
having such first
name BUT the
ballot
is
considered valid
for
other
candidates

2 or more candidates are

voted for an office which
the law authorizes election
of only ONE

Vote
NOT
counted in favor
of any of them
BUT the ballot is
considered valid
for
other
candidates

Candidates
voted
for
EXCEED the number of
those to be elected

Valid ballot BUT

the
votes
counted
are
those
names
which
were
FIRST WRITTEN
by
the
voter
until
the
authorized
number
is
covered

Ballots totally written in

ARABIC in localities where
it is of GENERAL USE

VALID (to read

such ballots, the
board of election
inspectors
can
use
an
interpreter who
has shall taken
an oath to read
them correctly)

Note that a vote for the President is no

longer considered a vote for the Vice-President
running under the same ticket as the 1987
Constitution already prohibits block voting.
(Although the party-list system may be
deemed as an exemption to that prohibition.)

45
Election Returns
Definition
The election returns are the official
document containing the date of the election,
the province, municipality and the precinct in
which it is held, and the votes received by each
candidate written in figures and in words. It is
the document on which the Certificates of
Canvass are based, and is the only document
that constitutes sufficient evidence of the true
and genuine results of the elections. (See
Garay v. COMELEC, 261 SCRA 222)
Number of Copies and Their Distribution
(Sec. 27, R.A. 7166, as amended by R.A. 8045
and R.A. 8173)
The board of election inspectors shall
prepare in their handwriting the returns in their
polling places, in the number of copies herein
provided and in the form to be prescribed and
provided by the COMELEC.
In the election of President, VicePresident, Senators, and Members of the
House of Representatives, the copies of the
election returns shall be distributed as follows:
1st Copy: City or municipal board of canvassers
2nd Copy: Congress, directed to the Senate
President
3rd Copy: COMELEC
4th Copy: Dominant
majority
party,
as
determined by the COMELEC
5th Copy: Dominant
minority
party,
as
determined by the COMELEC
6th Copy: Citizens' arm authorized by the
COMELEC to conduct an unofficial
count
7th Copy: Deposited inside the compartment of
the ballot box for valid ballots
In the election of local officials, the
copies of the election returns shall be
distributed as follows:
1st Copy:
2nd Copy:
3rd Copy:
4th Copy:

City or municipal board of canvassers

COMELEC
Provincial board of canvassers
Dominant
majority
party,
as
determined by the COMELEC
5th Copy: Dominant
minority
party,
as
determined by the COMELEC
6th Copy: Citizens' arm authorized by the
COMELEC to conduct an unofficial
count
7th Copy: Deposited inside the compartment of
the ballot box for valid ballots
Announcement of Results of Elections

The chairman of the Board of Election

Inspectors shall make an ORAL and PUBLIC
ANNOUNCEMENT of the TOTAL number of
votes in the polling place for EACH candidate
by the upon the completion of the election
returns.
Issuance of the Certificate of Votes
Certificate of votes defined
The certificate of votes is a document
which contains the number of votes obtained
by each candidate written in words and figures,
the number of the precinct, the name of the
city or municipality and province, the total
number of voters who voted in the precinct,
and the date and time issued. It must be
signed and thumb marked by each member of
the Board. (Sec. 16, R.A. 6646)
Duty of Board to issue certificate
It is the duty of the board of election
inspectors to issue a certificate of the number
of the votes received by a candidate upon
request of the duly-accredited watchers. (Sec.
16, R.A. 6646) Refusal to do so constitutes an
election offense. (Sec. 27, R.A. 6646)
Admissibility in evidence
The certificate of votes is admissible in
evidence to prove tampering, alteration,
falsification or any anomaly committed in the
election
returns
concerned,
when
duly
authenticated by testimonial or documentary
evidence presented to the Board of Canvassers
by at least 2 members of the Board of Election
Inspectors who issued the certificate. This is
notwithstanding the provisions of Secs. 235
and 236 of BP 881.
The Certificate of Votes is evidence
likewise of the votes obtained by the
candidates. (Balindong v. COMELEC, 27 SCRA
567) However, it was held in the case of
Garay v. COMELEC (261 SCRA 222) that a
Certificate of Votes can never be a valid basis
for canvass, and does not constitute sufficient
evidence of the true and genuine results of the
elections; only election returns are.
Failure to present any certificate of
votes shall be a bar to the presentation of
other evidence to impugn the authenticity of
the election returns. (Sec. 17, R.A. 6646)
CANVASS
Canvass and Certificate of Canvass
defined

46
The canvass of votes refers to the
process by which the results in the election
returns are tallied and totaled.
Certificates of canvass are official
tabulations of votes accomplished by district,
municipal, city and provincial canvassers based
on the election returns, which are the results
of the ballot count at the precinct level.
Nature of canvass proceedings
Canvass
proceedings
administrative and summary in nature.

are

Any registered political party, coalition of

parties, through their representatives, and any
candidate has a right to be present and to
counsel during the canvass of election returns.
They shall have the right to examine the
returns being canvassed without touching
them, to make their observations thereon, and
file their charges in accordance with the rules
and regulations of the COMELEC. ( sec 25, RA
6646)
It shall be unlawful for any officer or
member of the AFP, including the national
police, or any peace officer or any armed or
unarmed persons belonging to an extra-legal
police agency, special forces, reaction forces,
strike forces, home defense forces, barangay
self defense units, etc. to enter the room
where the canvassing of the election returns
are held, and within a radius of 50 meters from
such room. ( sec 232, BP881)
vs.

Where it has been determined by the

COMELEC that actual voting and election by
the registered voters had taken place, the
election returns can not be disregarded and
excluded

with
the
corresponding
disenfranchisement of voters but must be
accorded prima facie status as bona fide
reports of the result of the voting for
canvassing and proclamation purposes. The
summary nature of the proceedings require
that written objections ( to the returns) be filed
only during this stage, because it is only at this
time that the inclusion or exclusion of any
return is in issue; mere allegations of duress,
coercion, fraud, can not invalidate the election
returns which are otherwise clean on their
face.
Mastura vs. COMELEC (285 SCRA 493)

Sec 15 RA 7166, does not specify that

the COMELEC shall use the copy of the election
return of the Municipal Board of Canvassers in
correcting a manifest error.
Composition of the Board of Canvasser

A majority vote of all the members of the

board shall be necessary to render a decision.
(Sec 255 BP 881)

Grand
Alliance
for
Democracy
COMELEC ( 150 SCRA 665)

The
COMELEC
may
order
the
annulment of the certificate of canvass which it
found to be tampered after examining the
copies of the election returns of the municipal
judge and COMELEC because all the copies of
the election returns are original copies
although the copy of the Municipal Board of
Canvassers is the original copy.

(Sec. 221, BP 881, as amended by Sec. 20, RA

6646)

47
PROVINCIAL

CITY

MUNICIPAL

Provincial
election
supervisor or lawyer in the
regional office
of
the
COMELEC

City election registrar or a

lawyer of COMELEC;

Election registrar or a
representative of COMELEC

Vice Chair

provincial fiscal

city fiscal

Member

provincial
of schools

city
superintendent
schools

Chairman

superintendent

In cities with more than 1

election registrar,
COMELEC shall designate
the election registrar who
shall act as chairman

However, in case of non-availability, absence,

disqualification
due
to
relationship,
or
incapacity for any cause of any of the members

municipal treasurer
of

most senior district school

supervisor
or
in
his
absence a principal of the
school
district
or
the
elementary school

of the Board of Canvassers, the COMELEC may

appoint the following as substitutes, in the
order named:

48
PROVINCIAL
of

CITY
the

Ranking lawyer
COMELEC

MUNICIPAL

Chairman

Ranking lawyer
COMELEC

of

the

Ranking lawyer
COMELEC

of

the

Vice
Chairman

(1)Provincial auditor
(2)Registrar of Deeds
(3)Clerk of Court
nominated by the
Executive Judge of the
RTC;
(4)Any other available
appointive provincial
official

(1)City auditor or
equivalent;
(2)Registrar of Deeds;
(3)Clerk of Court
nominated by the
Executive Judge of the
RTC;
(4)Any other available
appointive city official

(1)Municipal Administrator;
(2)Municipal Assessor;
(3)Clerk of Court
nominated by the
Executive Judge of the
MTC;
(4)Any other available
appointive municipal
official

Member

Same as for Vice-Chairman

Same as for Vice-Chairman

Same as for Vice-Chairman

When Ministerial
Prohibitions on the Board of Canvassers

The chairman and the members of the

Board of Canvassers shall not be related
within the 4th civil degree of consanguinity
or affinity to any of the candidates whose
votes will be canvassed by said board, or
to any member of the said board. (Sec.
222, B.P. 881)

No member or substitute member of the

different boards of canvassers shall be
transferred, assigned or detailed outside of
his official station, nor shall he leave said
station without prior authority of the
COMELEC during the period beginning
election day until the proclamation of the
winning candidates. (Sec. 223, B.P. 881)

No member of the board of canvassers shall

feign illness in order to be substituted on
election day until the proclamation of the
winning candidates.
Feigning of illness
constitutes an election offense. (Sec. 224,
B.P. 881)

Jurisdiction of COMELEC over the Board of

Canvassers
COMELEC has direct control and
supervision over the board of canvassers. Any
member of the Board may, at any time, be
relieved for cause and substituted motu propio
by the COMELEC. (Sec. 227, B.P. 881)
COMELEC has the power to investigate
and act on the propriety or legality of the
canvass of election returns made by the board
of canvassers.
Nature of the Board of Canvassers Duties
A canvassing board's task is to compile
and add the results as they appear in the
election returns transmitted to it. (Guiao v.
COMELEC, 137 SCRA 366)
The COMELEC shall have direct control and
supervision over the board of canvassers.
During
the
canvass,
the
Board
of
Canvassers prepares the Statement of Voters,
which is tabulation per precinct of the votes
obtain by the candidates as reflected in the
election returns. It is this Statement of Votes
which forces the basis of the certificate of
canvass and of the proclamation.

If there are no irregularities in the

election returns, the duty of the Board in
canvassing the votes on the election returns
submitted to it consists in the simple matter of
arithmetic. Once the COMELEC or the board of
canvassers is satisfied in the authenticity of the
returns, it has no power to look beyond the
face thereof, and its task of tallying is merely
ministerial.
When there is an error in the
computation
which
is
discovered
after
proclamation, the board of canvassers can
simply correct the error; the remedy being
purely administrative.
When Quasi-Judicial
The board of canvassers must be
satisfied that the election returns submitted to
it are genuine and authentic. Thus, the board
of canvassers will not be compelled to canvass
the returns when they are found to be:

obviously manufactured;
contrary to probabilities;
clearly falsified; or
not legible
Canvass by the Board

(Sec. 231, B.P. 881)

The Board of Canvassers must meet
not later than 6:00 p.m. on election day to
receive the election returns and canvass those
received. The Board of Canvassers must meet
continuously from day to day until the canvass
is completed. The Board of Canvassers may
adjourn ONLY for the purpose of awaiting other
election returns. When it adjourns, it shall
make a total of all votes canvassed so far for
each candidate for each office furnishing the
COMELEC in Manila a certified copy and to
make available copies to the media and other
interested parties. The Board of Canvassers
must resume canvassing once more returns
are received.
The canvass proceedings must be open
and in public.
A majority vote of all the members of
the Board of Canvassers is needed in order to
render a decision.
Period to Complete Canvass

Subject to reasonable exceptions, the

Board of Canvassers is required to complete
their canvass within the following periods:

PROCLAMATION
GRABBING
and
against
attempts to paralyze the canvassing and
proclamation.
To allow a respondent to raise belated
questions before the COMELEC as to the
returns during the review of a case before the
COMELEC, which question has not been raised
before the board of canvassers, would mean
undue
delays
in
the
pre-proclamation
proceedings.

legislative district: 36 hours

slative district: 48 hours

Any violation of this requirement is an

election offense. (Sec. 231, B.P. 881)
Canvassing Committees
6646)

(Sec. 22, R.A.

The
Board
of
Canvassers
may
constitute
such
number
of
canvassing
committees as may be necessary for the board
to complete the canvass within the period
prescribed.
Each committee shall be composed of
3 members, each member to be designated by
the chairman and members of the board.
Before the election, all candidates shall be
notified in writing of the number of committees
to be constituted so that they can designate
their watchers in each committee.
The committees shall be under the
direct supervision and control of the board.
Principles governing canvass proceedings

The Supreme Court can review the

decisions of COMELEC ONLY in cases of grave
abuse of discretion in the discharge of QUASIJUDICIAL POWERS and not in the exercise of
its administrative duties.
Conclusiveness of findings
The findings of the board of canvassers
and the certificate of election issued by them
are not conclusive but are merely PRIMA FACIE
evidence of the result and title to the office of
those declared elected.
As to all other collateral matters, the
findings of the board are conclusive. However,
such findings are not conclusive in a direct
proceeding to try title to the office.
The fact of having a plurality of votes
lawfully cast is what confers title to the office
UNLESS one is allowed to go behind the
certificate or returns to establish title to the
office before the appropriate tribunal.

There must be a strong prima facie

case backed up by a specific offer of evidence,
and an indication of its nature and importance
has to be made out to warrant the reception of
evidence aliunde, for the presentation of
witnesses and the delays necessarily entailed
thereby.
When COMELEC has determined after
investigation and examination of the voting
and registration records that ACTUAL VOTING
and ELECTION took place in the questioned
precincts,
election
returns
cannot
be
disregarded but are accorded prima facie
status as bona fide reports of the result of
voting for canvassing and proclamation
purposes.
COMELEC

should

guard

against

Duties of the Provincial, City, District and Municipal Board of Canvassers (Sec. 28, R.A. 7
BOC
Municipal

CANVASS
President

PREPARE CERTIFICATE OF
CANVASS
President

PROCLAIM

Elected Municipal Officia

 Vice-President

Vice-President

Senators

Senators

Congressmen

Congressmen

Elective Provincial Officials

Elective Provincial Officials

Elective Municipal Officials

City cities which dont
comprise at least legislative
district

President

President

Vice-President

Vice-President

Senators

Senators

Congressmen

Congressmen

Elective Provincial Officials

Elective Provincial Officials

Elected City Officials

Elective City Officials

City cities comprising 1 or
more legislative districts

President

President

Congress-men

Vice-President

Vice-President

Elected City Officials

Senators

Senators

Congressmen
Elective City Officials
District BOC for each
municipality in Metro Manila
comprising a legislative district

President

President

Congress-men

Vice-President

Vice-President

Elected Municipal Officia

Senators

Senators

Congressmen
Elective Municipal Officials
Municipal BOC for each
component municipality in a
legislative district in Metro
Manila

President

President

Vice-President

Vice-President

Senators

Senators

Congressmen

Congressmen

Elected Municipal Officia

Elective Municipal Officials

District
BOC

in
each
legislative district comprising 2
municipalities in Metro Manila

President

President

Vice-President

Vice-President

Senators

Senators

Elected Congressmen in
Legislative District

Congressmen
Provincial

President

President

Elected congressmen

Vice-President

Vice-President

Elected Provincial Officia

Senators

Senators

Plebiscite Results

Congressmen
Elective Provincial Officials
Plebiscite Results

Preparation of the Certificate of Canvass

and Statement of Votes
Certificate of canvass
The respective board of canvassers
shall prepare a certificate of canvass duly
signed and affixed with the imprint of the
thumb of the right hand of each member,
supported by a statement of the votes received
by each candidate in each polling place and, on
the basis thereof, shall proclaim as elected the
returns; its preparation is an administrative
function of the board, purely a mechanical act
over which COMELEC has direct control and

candidates who obtained the highest number

of votes cast in the province, city, municipality
or barangay. (Sec. 231, B.P. 881)
Failure to comply with this requirement
shall constitute an election offense.
Statement of votes
The statement of votes is a tabulation
per precinct of votes garnered by candidates as
reflected in the election
supervision.
The Statement of Votes supports the

certificate of canvass and is the basis of

proclamation. Consequently, any error in the
Statement
of
Votes
would
affect
the
proclamation made on the basis thereof.

1st copy:

Congress, directed to the

Senate President for use in the
canvass of election results for
President and Vice-President

Failure to object to the Statement of

Votes before the Board of Canvassers does not
constitute a bar to raising the issue for the first
time before the COMELEC, as the law is silent
as to when such objection may be raised.

2nd copy:

COMELEC, for use in the

canvass of the election results
for Senators

3rd copy:

To be kept by the chairman of

the board of canvassers

4th copy:

Citizens' arm designated by the

COMELEC to conduct mediabased unofficial count

Number of Copies of the Certificates of

Canvass and Their Distribution (Sec. 29,
R.A. 7166)
City or Municipal Board of Canvassers:
The City or Municipal Board of
Canvassers shall prepare the certificates of
canvass
for
President,
Vice-President,
Senators,
Members
of
the
House
of
Representatives,
and
Elective
Provincial
Officials in 7 copies to be distributed as
follows:
1st copy:

Provincial board of canvassers

for canvassing of election
results for President, VicePresident, Senators, Members
of
the
House
of
Representatives and Elective
Provincial Officials

2nd copy:

COMELEC

3rd copy:

To be kept by the chairman of

the board of canvassers

4th copy:

Citizens' arm designated by the

COMELEC to conduct mediabased unofficial count

5th to 7th copies:

Representatives of any
3 of 6 major political parties
according to the voluntary
agreement of the parties; if
there
is
no
agreement,
COMELEC shall decide based on
the criteria under sec. 26 of RA
7166
City Boards of Canvassers of cities
comprising one or more legislative
districts, Provincial Boards of Canvassers,
and District Boards of Canvassers in the
Metro Manila area:
The foregoing Boards of Canvassers
shall prepare the certificates of canvass for
President, Vice-President and Senators in 7
copies to be distributed as follows:

5th to 7th copies:

Representatives of any
3 of 6 major political parties
according to the voluntary
agreement of the parties; if
there
is
no
agreement,
COMELEC shall decide based on
the criteria under sec. 26 of RA
7166
Congress as the National Board of
Canvassers
(Sec. 30, R.A. 7166)
Congress
shall
determine
the
authenticity and due execution of the
certificate of canvass for President and Vice
President as accomplished and transmitted by
the local board of canvassers, on a showing
that:
(1) Each certificate was executed, signed
and thumb marked by the chairman
and members of the board of
canvassers
and
transmitted
to
Congress by them;
(2) Each certificate contains the names of
all the candidates for President, VicePresident, and their corresponding
votes in words and in figures; and
(3) There exists no discrepancy in other
authentic copies of the certificate or in
the votes both in words and figures in
the same certificate.
Completion of the Certificate of Canvass
If the certificate of canvass appears to
be incomplete, the Senate President shall
require the board of canvassers concerned to
TRANSMIT (by personal delivery within 2 days
from notice) the election returns from the
polling places that were not included in the
certificate
of
canvass
and
supporting

statements.
When there appear erasures or
alterations in the certificate of canvass which
may cast doubt as to the veracity of the
number of votes stated therein and may affect
the result of the election, Congress shall, for
the sole purpose of verifying the actual number
of votes, COUNT the votes as they appear in
the copies of the election returns submitted to
it, upon request of a presidential or vicepresidential candidate or their party. (Sec. 30,
R.A. 7166)
Canvass of Votes for the President and
Vice-President (Sec. 24, R.A. 8436)
The
certificates
of
canvass
for
President and Vice-President shall be duly
certified by the board of canvassers of each
province or city.
The
certificates
of
canvass
for
President
and
Vice-President
shall
be
transmitted to Congress, directed to the
Senate President.
Upon receipt of the
certificates of canvass, the Senate President
shall not later than 30 days after the day of the
election OPEN all the certificates in the
presence of the Senate and the House of
Representatives in joint public session.
Congress upon the determination of
the authenticity and due execution thereof,
shall canvass the votes.
The person having the highest number
of votes shall be proclaimed elected. In case 2
or more persons shall have an equal and
highest number of votes, one of them shall be
chosen by vote of MAJORITY of all the
members of BOTH the Senate and the House of
Representatives, voting separately.
(To be discussed in the last part of this
reviewer.)
Makalintal vs. Comelec
The Overseas Absentee Voting Act of
2003 insofar as it grants sweeping authority to
the
Comelec
to
proclaim
all
winning
candidates, is unconstitutional as it is
repugnant to sec 4 art VII of the Constitution,
which vests in Congress the authority to
proclaim the winning Presidential and Vice
Presidential candidates.
Ruy Elias
Philippines

Lopez

Congress

vs.

Senate

of

the

preliminary determination of the authenticity

and due execution of the certificates of canvass
to a Joint Congressional Committee constituted
under the Rules adopted by the Joint Session
of Congress.
Pimentel Jr. vs. Joint Committee of
Congress to Canvass the Votes Cast for
President and Vice President
Even after Congress had adjourned its
regular session, it may continue to perform the
constitutional
duty
of
canvassing
the
presidential and vice-presidential election
results without need of any call for a special
session by the President.
PROCLAMATION
Duties of Board of Canvassers
After the canvass of election returns, in
the absence of a perfected appeal to the
COMELEC, the Board of Canvassers shall
proclaim the candidates who obtained the
highest number of votes cast in the province,
city, municipality or barangay, on the basis of
the certificates of canvass. Failure to comply
with this duty constitutes an election offense.
(Sec. 231, B.P. 881)
The Board of Canvassers shall not
proclaim any candidate as winner unless
authorized by the COMELEC after the latter has
ruled on any objections brought to it on appeal
by a losing party. Any proclamation made in
violation hereof shall be void ab initio, unless
the contested returns will not adversely affect
the results of the election.
Once the Board of Canvassers has
completed its duty, the board cannot meet
again and re-canvass the votes or reverse their
prior decision and announce different results.
When proclamation void
A proclamation is void when it is based
on incomplete returns (Castromayor v.
COMELEC, 250 SCRA 298) or when there is
yet no complete canvass (Jamil v. COMELEC,
G.R. No. 123648, Dec. 15, 1997).
A void proclamation is no proclamation
at all, and the proclaimed candidates
assumption into office cannot deprive the
COMELEC of its power to annul the
proclamation.
Utto vs. Comelec (Gr 150111 Jan 31, 2002)

may

validly

delegate

the

An incomplete canvass of votes is

illegal and cannot be made the basis of a

proclamation. A canvass cannot be reflective of
the true vote of the electorate unless all
returns are considered and none is omitted.
The fact that a candidate illegally
proclaimed has assumed office is not a bar to
the exercise by the Comelec of the authority to
annul any canvass and proclamation illegally
made.
Where a proclamation is null and void,
the proclaimed candidates assumption of office
cannot deprive the Comelec of the power to
declare such a proclamation a nullity.
Partial proclamation (Sec. 21, R.A. 7166)
Notwithstanding the pendency of any
pre-proclamation controversy, the COMELEC
may summarily order the proclamation of other
winning candidates whose election will not be
affected by the outcome of the controversy.
Election Resulting in a Tie (Sec. 240, B.P.
881)
A tie occurs when:
(a) 2 or more candidates receive an
equal and highest number of votes; or
(b) 2 or more candidates are to be
elected for the same position and 2 or
more candidates received the same
number of votes for the LAST PLACE in
the number to be elected.
The board of canvassers, by resolution,
upon 5 days notice to all tied candidates, shall
hold a special PUBLIC MEETING at which the
board shall proceed to the DRAWING OF LOTS
of the candidates who have tied and shall
proclaim as elected the candidates who may be
favored by luck.
The candidates so proclaimed shall
have the right to assume office in the same
manner as if he had been elected by plurality
of vote.
The board of canvassers shall forthwith
make a certificate stating the name of the
candidate who had been favored by luck and
his proclamation on the basis thereof.
Nothing in the above shall be
construed as depriving a candidate of his right
to contest the election.
Proclamation of a Lone Candidate
8295)

(R.A.

Upon the expiration of the deadline for

the filing of certificates of candidacy in a
special election called to fill a vacancy in
an elective position other than for President
and Vice-President, when there is only one (1)
qualified candidate for such position, the lone
candidate shall be proclaimed elected to the
position by proper proclaiming body of the
COMELEC without holding the special election
upon certification by the COMELEC that he is
the only candidate for the office and is
therefore deemed elected. (Sec. 2)
In the absence of any lawful ground to
deny due course or cancel the certificate of
candidacy
in
order
to
prevent
such
proclamation, as provided for under Sec. 69
and 78 of the Omnibus Election Code, the lone
candidate shall assume office not earlier than
the scheduled election day. (Sec. 3)
The COMELEC shall decide petitions for
disqualification not later than election day.
Otherwise, such petitions shall be deemed
dismissed. (Sec. 3)
MODES OF CHALLENGING CANDIDACY &
ELECTION RESULTS

NUISANCE CANDIDATES &

CANCELLATION OF CERTIFICATE OF
CANDIDACY
Declaration of Nuisance Candidacy
(Sec. 5, R.A. 6646)
Grounds for
candidacy

declaration

of

nuisance

See discussion under Certificate of Candidacy.

Nature of proceedings
Proceedings to have a candidate
declared as a nuisance candidate are summary
in nature.
In lieu of oral testimonies, the
parties may be required to submit position
papers together with affidavits or counteraffidavits and other documentary evidence.
Procedure for declaration of candidate as
nuisance candidate
WHAT FILED: Verified petition
WHO MAY FILE: Any registered candidate for
the same office

WHEN FILED: Within 5 days from the last day

for the filing of certificates of
candidacy
WHERE FILED: With the COMELEC
PROCEDURE:
(1) The petition is filed with the COMELEC
personally or through duly-authorized
representative within 5 days from the
last day for the filing of certificates of
candidacy. Filing by mail is not allowed.
(2) Within 3 days from the filing of the
petition, the COMELEC shall issue
summons to the respondent candidate,
together with a copy of the petition and
its enclosures, if any.
(3) The respondent shall then have 3 days
from receipt of the summons to file his
verified answer (not a motion to
dismiss) to the petition, serving copy
thereof upon the petitioner. Grounds for
a motion to dismiss may be raised as an
affirmative defense.
(4) The COMELEC may then designate any of
its officials who are lawyers to hear the
case and receive evidence. In lieu of oral
testimonies, the parties may be required
to submit position papers together with
affidavits or counter-affidavits and other
documentary evidence.
The hearing
officer shall immediately submit to the
COMELEC his findings, reports, and
recommendations within 5 days from the
completion of such submission of
evidence.
(5) The COMELEC shall then render its decision
within 5 days from receipt of the findings
of the hearing officer. This decision shall
be disseminated by the COMELEC to the
city or municipal election registrars,
boards of election inspectors, and the
general public in the political subdivision
concerned within 24 hours through the
fastest available means.
(6) After 5 days from receipt of the parties,
the decision becomes final and executory
unless stayed by the Supreme Court.
Cancellation of Certificate of Candidacy
Grounds for cancellation of certificate of
candidacy
A

certificate

of

candidacy

may

be

cancelled or denied due course on either of the

following grounds:
(1) False material representation in the
certificate of candidacy;
(2) If the certificate filed is a substitute
Certificate of Candidacy, when it is
not a proper case of substitution
under Sec. 77 of BP 881 (Sec. 2, Rule
24, COMELEC Rules of Procedure)
Nature of proceedings
Proceedings for cancellation or denial
of due course of a certificate of candidacy are
summary in nature.
Procedure
WHO MAY FILE: Any citizen of voting age, or
A duly registered political
party, organization, or coalition
of political parties
WHEN FILED: Within 5 days from the last day
for the filing of certificates of
candidacy
WHERE FILED: With the Law Department of
the COMELEC
PRE-PROCLAMATION CONTROVERSIES
Meaning of Pre-Proclamation Controversy
A pre-proclamation controversy refers
to any question or matter pertaining to or
affecting the proceedings of the board of
canvassers, or any matter raised under Sec.
233-236 of BP 881 in relation to the
preparation, transmission, receipt, custody and
appreciation of the election returns.
(Sec.
241, BP 881)
The institution of the pre-proclamation
controversy was intended to prevent the
nefarious practice known as grab-theproclamation, prolong-the-protest.
Jurisdiction
The COMELEC has exclusive jurisdiction
over pre-proclamation cases. It may order,
motu propio or upon written petition, the
partial or total suspension of the proclamation
of any candidate-elect or annul partially or
totally any proclamation, if one has been
made. (Sec. 242, BP 881)
Olfato vs. Comelec ( 103 SCRA 741)

While
the
Comelec
has
merely
appellate jurisdiction over election contests
involving municipal offices, it cannot be
deprived of its exclusive jurisdiction over preproclamation contests.
It is immaterial if some of the grounds
adduced are grounds for an election contest
rather than for a pre-proclamation controversy.
When not allowed
Pre-proclamation
controversies
on
matters
relating
to
the
preparation,
transmission, receipt, custody and appreciation
of the election returns or the certificates of
canvass, are not allowed for the following
positions:

President
Vice President
Senator
Member
of
the
House
of
Representatives (Sec. 15, R.A. 7166)

However, this does not preclude the

authority of the appropriate canvassing body
motu propio or upon written complaint of an
interested person to correct manifest errors in
the certificate of canvass or election returns
before it.
Nature of proceedings
All pre-proclamation controversies shall
be heard summarily by the COMELEC after due
notice and hearing. This is because canvass
and proclamation should be delayed as little as
possible.
Questions which require more
deliberate and necessarily longer consideration
are left for examination in the corresponding
election protest. (Sison v. COMELEC, G.R. No.
134096. March 3, 1999)
Parties adversely affected by a ruling of the
board of canvassers on questions affecting the
composition or proceedings of the board may
appeal the matter to the Commission with 3
days from a ruling thereon. The Commission
shall summarily decide the case within 5 days
from the filling thereof ( Sec 19 RA 7166)

proclamation
and
prolong
the
protest
situations; that public policy however, balances
the possibility of such situations against the
shortening of the period during which no
winners are proclaimed, a period commonly
fraught with tension and danger for the public.
For those who disagree with the policy, the
recourse is with the legislature.
The mandatory requirement to comply
with the procedure for a pre-proclamation
controversy is in view of the policy to have a
quick determination of the election results.
Manifest errors
The Comelec may entertain petitions for the
correction of manifest errors in the Certificate
of Canvass or in the election returns.
To be manifest, the errors must appear on
the face of the Certificates of Canvass or
election returns sought to be corrected, and
objections thereto must have been made
before the Board of Canvassers and specifically
noted in the minutes of their respective
proceedings (Chavez vs. Comelec 211 SCRA
315)
A manifest error is one that is visible to
the eye or obvious to the understanding; that
which is open, palpable, incontrovertible,
needing no evidence to make it more clear.
( OHara vs. Comelec GR no. 148941-42 Mar
12, 2002)
Bince vs. Comelec
A petition for correction of errors in the
Certificate of Canvass may be filed at any time
before proclamation.
Torres vs. Comelec
Although the provision applies to a preproclamation controversy, there is nothing to
prevent its application to cases in which the
validity of the proclamation is in question.
Since the Statement of Votes is the
basis of the Certificate of Canvass and of the
proclamation, any error in the Statement
affects the validity of the proclamation.

Dimaporo v. COMELEC

Ramirez vs. Comelec

The policy behind limiting the issues of

the
pre-proclamation
controversy
is
to
determine as quickly as possible the results of
the elections on the basis of the canvass. It
may well be true that the public policy may
occasionally permit the occurrence of grab the

Corrections should be made by

inserting the corrections in the Statement of
Votes or by preparing a new Statement of
Votes incorporating the corrections.

Pre-proclamation
cases

Restricted to an
examination of the
lection returns on
their face.
Without jurisdiction
to go beyond or
behind elections
returns and
investigate election
irregularities

Cases of Actions for

Annulment
of
Election Results
or Declaration of
Failure of Elections
Comelec may
conduct technical
examination of
election documents
and compare and
analyze voters
signatures and
fingerprints in order to
determine whether or
not the elections had
indeed been free,
honest and clean

Lee vs. Comelec

Where there is a prima facie showing
that the return is not genuine, the principle
that in pre-proclamation cases, the Comelec is
without jurisdiction to go beyond or behind the
election returns and investigate irregularities,
does not apply.
Issues that may be Raised
(1) Illegal composition or proceedings of the
board of election canvassers
Laodeno vs. Comelec ( 276 SCRA 705)
By participating in the proceedings, the
petitioner is deemed to have acquiesced in the
composition of the Board of Canvassers.
(2) Canvassed election returns are either:

incomplete
contain material defects
appear to be tampered with or falsified
contain discrepancies in the same
returns or in other authentic copies

Patoray vs. Comelec (249 SCRA 440)

It is an error for the Comelec to
exclude from the canvass election returns
where the defect in the return refers only to
some incomplete data.
Where the Certificate of Votes shows
tampering, alteration and falsification, or any
other anomaly in the preparation of the
election return, the Comelec should order a
recount of the votes cast in the precinct, after
determining that the ballot box has not been
tampered with. The failure of the Comelec to
do so, after excluding the return, will result in

the disenfranchisement of the voters in the

particular precinct.
Neither can the Certificate of Votes be used for
the canvass because it was signed only by the
Chairman.
(3) The election returns were:

prepared
under
duress,
threats,
coercion, intimidation or
obviously manufactured or not authentic

Lagumbay v. Comelec (16 SCRA 175),

The Supreme Court empowered the
Commission on Elections to nullify certain
contested
returns
on
the
ground
of
"statistical improbabilities", when WE
sustained the authority of the Commission to
examine voting records, the number of ballots
and the number of votes reportedly cast and
tallied for each and every candidate, when the
returns are obviously false or fabricated. In
said case, WE, adopted "a practical approach
to the Commissions mission to insure a free
and honest elections" by denying prima facie
recognition to the election returns on the
ground
that
they
were
manifestly
manufactured or falsified.
(4) Substituted or fraudulent returns in
controverted
polling
places
were
canvassed, the results of which
materially affected the standing of the
aggrieved candidate(s).
(5)

Manifest errors in the Certificates of

Canvass or Election Returns (Sec. 15,
R.A. 7166; Chavez v. COMELEC, 211
SCRA 315)

It must be noted that this enumeration

is restrictive and exclusive. The complete
election returns whose authenticity is not
questioned must be prima facie considered
valid
for
purposes
of
canvass
and
proclamation. To allow a re-count or a reappreciation of the votes in every instance
would paralyze canvass and proclamation.
Issues that cannot be raised
Jurisprudence has held that the
following issues are not proper in a preproclamation controversy:
Appreciation of ballots, as this is
performed by the Board of Election
Inspectors at the precinct level and is
not part of the proceedings of the

Board of Canvassers (Sanchez v.

COMELEC, 153 SCRA 67, reiterated in
Chavez v. COMELEC, 211 SCRA 315);
Technical examination of the signatures
and
thumb
marks
of
voters
(Balindong v. COMELEC, 260 SCRA
494; Matalam v. COMELEC, 271
SCRA 733);

or begin to be illegal. Otherwise,

by
participating
in
the
proceedings, the petitioner is
deemed to have acquiesced in
the composition of the Board of
Canvassers.

(b)

Prayer for re-opening of ballot boxes

(Alfonso v. COMELEC, G.R. No.
107847, June 2, 1994);
Padding of the Registry List of Voters of
a municipality, massive fraud and
terrorism (Ututalum v. COMELEC,
181 SCRA 335);
Challenges directed against the Board
of Election Inspectors (Ututalum v.
COMELEC, supra)
Fraud, terrorism and other illegal
electoral practices.
These are
properly within the office of election
contests
over
which
electoral
tribunals
have
sole,
exclusive
jurisdiction. (Loong v. COMELEC)

If the petition is for correction,

it must be filed not later than 5
days following the date of
proclamation, and must implead
all candidates who may be
adversely
affected
thereby.
(Sec. 5(b), Rule 27, COMELEC
Rules of Procedure)

PROCEDURE:
If filed with the Board first:
(1) Petitioner
submits
his
/ her
objection to the chairman of the
board of canvassers.
(2) The Board makes its ruling.
(3) Within 3 days from the ruling, the
parties adversely affected may
appeal the matter to the COMELEC.

(4) Upon
Procedure
The procedure for filing a preproclamation controversy depends on the
issue being raised:
(a) Questions involving the composition or
proceedings
of
the
board
of
canvassers, or correction of manifest
errors
WHERE:

The controversy may be initiated

either in the Board of Canvassers
or directly with the COMELEC.
(Sec. 17, R.A. 7166)

WHEN:

It depends:

(a)

If petition involves the illegal

composition or proceedings of
the board, it must be filed
immediately when the board
begins to act as such (Laodeno
v. COMELEC, 276 SCRA 705), or
at the time of the appointment of
the member whose capacity to
sit as such is objected to if it
comes after the canvassing of
the board, or immediately at the
point where the proceedings are

appeal, the COMELEC shall

summarily decide the case within 5
days from the filing thereof. (Sec.
19, R.A. 7166)

If initiated directly with the COMELEC:

(1) Petitioner files petition with the
COMELEC.
(2) Upon the docketing of such petition,
the Clerk of Court concerned shall
issue summons with a copy of the
petition to respondents.
(3) The Clerk of Court concerned shall
immediately set the petition for
hearing. The COMELEC shall hear
and decide the petition en banc.
The Board of Canvassers shall not
commence, proceed or resume canvass unless
otherwise ordered by the COMELEC. (Sec. 5,
Rule 27, COMELEC Rules of Procedure)
(b) Matters relating to the preparation,
transmission, receipt, custody and
appreciation of the election returns
and certificates of canvass
WHERE: Only

with

the

Board

of

Canvassers
(6)

The parties adversely affected by

the ruling immediately inform the
Board if they intend to appeal the
ruling.
Such information is then
entered in the minutes of canvass.

(7)

The Board then sets aside the

returns and proceeds to consider
the other returns. The Board then
suspends the canvass after all the
uncontested returns have been
canvassed and the contested return
ruled upon by it.

(8)

Within 48 hours from the ruling, the

party adversely affected files a
written and verified notice of appeal
with the Board. The party then
files an appeal with the COMELEC
within a non-extendible period of 5
days thereafter.

(9)

Immediately upon receipt of the

notice of appeal, the Board makes
an appropriate report to the
COMELEC, elevating therewith the
complete records and evidence
submitted in the canvass, and
furnishing the parties with copies of
the report.

(10)

The COMELEC summarily decides

the appeal within 7 days from
receipt of the record and evidence
elevated to it by the Board.

(11)

The COMELEC's decision becomes

executory after the lapse of 7 days
from receipt thereof by the losing
party.

(12)

The COMELEC then authorizes the

Board of Canvassers to proceed
with the proclamation of the winner.
Any proclamation made without
COMELEC authorization is void ab
initio, unless the contested returns
do not adversely affect the results
of the election.
(Sec. 20, R.A.
7166)

WHEN: At the time the questioned

return
is
presented
for
inclusion in the canvass.
WHO:

Any candidate, political party

or coalition of political parties

PROCEDURE:
(1)

The contesting party makes an oral

objection to the chairman of the
Board of Canvassers at the time the
questioned return is presented for
inclusion in the canvass.
Such
objection is recorded in the minutes
of canvass. Simultaneous with the
oral objection, the objecting party
enters his objection in the form for
written objections prescribed by the
COMELEC.

(2)

Upon receipt of such objection, the

Board automatically defers the
canvass of the contested returns
and proceeds to canvass the
returns which are not contested by
any party.

(3)

Within 24 hours from and after the

presentation of such objection, the
objecting
party
submits
the
evidence
in
support
of
the
objection, which shall be attached
to the form for written objections.
Within the same 24-hour period,
any party may file a written and
verified opposition to the objection
in the prescribed COMELEC form,
attaching supporting evidence, if
any. The Board shall not entertain
any objection or opposition unless
reduced to writing in the prescribed
forms.

(4)

(5)

The Board chairman immediately

and formally admits the evidence
attached to the objection or
opposition by affixing his signature
at the back of each and every page
thereof.
Upon receipt of the evidence, the
Board considers the objection and
the opposition, and summarily rules
on the objection. The Board then
enters its ruling on the prescribed
form and authenticates the same
by entering the signatures of all its
members.

This procedure is mandatory.

Noncompliance with any of the steps above is fatal
to the pre-proclamation petition.
Effect of filing
controversy

of

pre-proclamation

The period to file an election contest

shall be SUSPENDED during the pendency of
the pre-proclamation contest in the COMELEC

or the Supreme Court.

COMELEC, June 1989)

(Alangdeo

v.

The right of the prevailing party in the

pre-proclamation contest to the execution of
COMELECs decision does not bar the losing
party from filing an election contest.
Despite the pendency of a preproclamation contest, the COMELEC may order
the proclamation of other winning candidates
whose election will not be affected by the
outcome of the controversy.
Effect
of
candidate

proclamation

of

winning

A pre-proclamation controversy shall

no longer be viable after the proclamation and
assumption into office by the candidate whose
election is contested.
The remedy is an
election protest before the proper forum.
(Mayor v. COMELEC, January 1989)
The prevailing candidate may still be
unseated even though he has been proclaimed
and installed in office if:
1.

2.

3.

The opponent is adjudged the true

winner of the election by final
judgment of court in an election
contest;
The prevailing party is declared
ineligible or disqualified by final
judgment of a court in a QUO
WARRANTO case; or
The incumbent is removed from
office for cause.

Abella v. Larrazabal
Pre-proclamation
controversies
are
summary in nature. The policy behind election
law is that pre-proclamation controversies
should be summarily decided, consistent with
the laws desire that the canvass and
proclamation be delayed as little as possible.
Thus, questions as to the appreciation of
ballots and the conduct of the campaign and
balloting, which require more deliberate and
necessarily longer consideration are proper for
an election contest.
The dismissal of a pre-proclamation
controversy
does
not
mean
that
the
disqualification case is moot and academic.
The two are independent of each other. The
purpose of the pre-proclamation controversy is
to ascertain the winners in the elections on the
basis of election returns duly authenticated by

the board of inspectors and admitted by the

board of canvassers.
The purpose of the
disqualification proceeding is to prevent the
candidate from running, or if elected, from
serving, or to prosecute him for violation of
election laws. The mere fact that a candidate
has been proclaimed does not signify that his
disqualification is deemed condoned and may
no longer be the subject of a separate
investigation.
Agbayani v. COMELEC
The
proclamation
of
a
winning
candidate
makes
a
pre-proclamation
controversy no longer viable. The remedy is
an election protest, but this is only true where
there is a valid proclamation or where the
proclamation is based on a complete canvass.
Where it is claimed that there was an
incomplete canvass or that certain returns
should have been omitted because they were
manufactured and other returns cannot be
included because they have been irretrievably
lost, the pre-proclamation controversy should
still be continued despite the proclamation of
the supposed winner. COMELEC may in such a
pre-proclamation controversy determine if the
proclamation should be annulled.
The proclamation of the winner does
not prevent COMELEC from continuing with the
pre-proclamation controversy against the
winner and after annulling its proclamation.
PETITION
TO
ANNUL
PROCLAMATION

OR

SUSPEND

The filing with the COMELEC of a

petition to annul or to suspend proclamation
suspends the running of the period to file an
election protest. (Alangdeo v. COMELEC, June
1989)
No law provides for a reglementary
period within which to file a petition for the
annulment of an election if there is as yet no
proclamation. (Loong v. COMELEC, 257 SCRA
1)
There is no fixed time frame within
which to file a petition to annul a proclamation,
the same being limited only by the standard of
reasonableness.
DECLARATION OF FAILURE OF ELECTION
Nature of petition to declare a failure of
election
A

petition

to

declare

failure

of

election is neither an election protest nor a

pre-proclamation controversy.
(Borja v.
COMELEC, 260 SCRA 604)
Grounds for declaration
See discussion under Election Proper.
Jurisdiction of COMELEC
The COMELEC, sitting en banc, may
declare a failure of election by a majority vote
of its members. (Sec. 4, R.A. 71660
The COMELEC, in the case of actions for
annulment of election results or declaration of
failure of elections, may conduct technical
examination of election documents and
compare and analyze voters' signatures and
fingerprints in order to determine whether or
not the elections had indeed been free, honest
and clean. (Loong v. COMELEC, supra)
Requisites for the declaration of failure of
election
Before the COMELEC can act on a
verified petition seeking a declaration of failure
of election, the following conditions must
concur:
(1) No voting has taken place in the
precincts concerned on the date
fixed by law, or even if there was
voting, the election nonetheless
resulted in a failure to elect; and
(2) The votes cast would affect the
results of the election. (Mitmug v.
COMELEC, 230 SCRA 54; Loong v.
COMELEC, supra;
Hassan v.
COMELEC, 264 SCRA 125)
The election is only to be set aside
when it is impossible from any evidence within
reach to ascertain the true result when
neither from the returns nor from other proof
can the truth be determined (i.e. where the
illegality affects more than 50% of the total
number of votes cast and the remainder does
not constitute a valid constituency).
Procedure
(1) Petitioner files verified petition with the
Law Department of the COMELEC.
(2) Unless a shorter period is deemed
necessary by circumstances, within 24
hours, the Clerk of Court concerned

serves notices to all interested parties,

indicating therein the date of hearing,
through the fastest means available.
(3) Unless a shorter period is deemed
necessary by the circumstances, within
2 days from receipt of the notice of
hearing, any interested party may file
an opposition with the Law Department
of the COMELEC.
(4) The COMELEC proceeds to hear the
petition. The COMELEC may delegate
the hearing of the case and the
reception of evidence to any of its
officials who are members of the
Philippine Bar.
(5) The COMELEC then decides whether to
grant or deny the petition. This lies
within the exclusive prerogative of the
COMELEC.
DISQUALIFICATION CASES
Grounds for disqualification
See discussion under Certificates of Candidacy.
Priority of disqualification cases
The COMELEC and the courts shall give
priority to cases of disqualification for violation
of the Omnibus Election Code, to the end that
a final decision shall be rendered not later than
7 days before the election in which the
disqualification is sought. (Sec. 72, BP 881)
Procedure
WHO MAY FILE: Any citizen of voting age, or
Any duly registered political
party,
organization
or
coalition of political parties
WHERE: Law Department of the COMELEC
WHEN: Any day after the last day for filing of
certificates of candidacy, but
not later than the date of
proclamation
Effect of disqualification case
Any candidate who has been declared
by final judgment to be disqualified shall not
be voted for, and the votes cast for him shall
not be counted.
If for any reason a candidate is not

disqualified before an election and he is

subsequently voted for and receives the
winning number of votes in such election, the
COMELEC or the courts shall continue with the
trial and hearing of the action, inquiry, or
protest and may order the suspension of the
proclamation of such candidate during the
pendency of the case upon motion of the
complainant or any intervenor, provided that
evidence of his guilt is strong. (Sec. 6, R.A.
6646)
The fact that the candidate who
obtained the highest number of votes is later
declared to be disqualified or not eligible for
the office to which he was elected, does not
necessarily entitle the candidate who obtained
the second highest number of votes to be
declared the winner of the elective office.
Sanchez vs Comelec (153 SCRA 67)
Supreme Court said Sanchez petition
for recount and/or re-appreciation of ballots
may NOT be considered a pre-proclamation
controversy for the ff. reasons:
a) An election return is incomplete if
there is an omission in the election
return of the name of any candidate
and/or his corresponding votes, or in
case the number of votes for a
candidate had been omitted. Here, the
name of Sanchez as well as the
number
of
votes
counted
and
appreciated in his favor by the BEI.
Errors in appreciation of ballots by the
BEI are proper subject for an election
protest and not for a pre-proclamation
contest.
b) Appreciation of votes is not part of the
proceedings
of
the
Board
of
Canvassers, it is performed by the BEI
at the precinct level.
c) Enumeration of issues which may be
raised
in
a
pre-proclamation
controversy under sec. 243 BP 881 is
restrictive and exclusive. The complete
election returns whose authenticity is
not in question must be prima facie
considered valid for the purpose of
canvass and proclamation.
d) To expand the issues beyond those
enumerated in sec. 243 and allow
recount or re-appreciation where a
claim of misdeclaration of stray votes is
made would open the floodgates to
such claims and paralyze canvass and
proclamation proceedings, given the
propensity for the loser to demand a
recount. The policy of the law is that a

pre-proclamation controversy should

be summarily decided.
e) The ground for recount relied upon is
clearly not among the issues that may
be raised in a pre-proclamation
controversy.
His
allegation
of
invalidation
of
Sanchez
votes
intended for him bears no relation to
the correctness and authenticity of the
election returns canvassed.
Patoray vs Comelec (279 SCRA 470)
Objections to the inclusion of election
returns are directed primarily at the ballots
reflected in the returns, this involves
appreciation of ballots and cannot be raised in
an election protest.
Balindong vs Comelec (260 SCRA 494)
Technical examination of signatures
and thumb marks of voters runs counter to the
nature and scope of a pre-proclamation
contest; the remedy is to raise these issues in
an election protest.
Alfonso vs Comelec (June 2, 1994)
The prayer for re-opening of ballot
boxes is not a proper issue in a preproclamation controversy but should be
threshed out in an election contest
Villaroya vs Comelec (155 SCRA 633)
In a pre-proclamation contest, the
Comelec may order the correction of a clerical
error in the Statement of Votes (by Board of
Canvassers) to correspond to the figures
reflected in the election returnseven if the
candidate/ representative failed to file the
timely protest during canvassing, as the error
in the Statement of Votes was not apparent on
its face.
Duremdes vs Comelec (178 SCRA 746)
Failure to object to the Statement of
Votes before the Board of Canvassers is not a
bar to raising the issue before the Comelec for
the first time; the law is silent as to when they
may be raised.
Castromayor vs Comelec (250 SCRA 298)
Any party dissatisfied with the ruling of
the BoC shall have the right to appeal to the
Comelec. Since the Statement of Votes which
was to be corrected by the Board forms the
basis of the Certificate if Canvass and the
proclamation, petitioner begs the question by

saying that this is not a pre-proclamation

controversy and the procedure for PPC cannot
be applied to the correction of the computation
of the total number of votes obtained by the
candidates in the Statement of Votes.
Mentang vs Comelec (Feb. 4, 1994)
The SC declared it has already ruled
that the filing of a petition to annul a
proclamation suspends the running of the 10day period within which to file an election
contest, provided that the allegations, which
when proved, will render the proclamation null
and void. Such petition may be filed directly
with the Comelec even as a pre-proclamation
controversy, provided it is done within ten days
after proclamation
Bince vs Comelec (242 SCRA 273)
Comelec may annul a proclamation on account
of a mathematical error committed by the
Board of Canvassers in the computation of
votes received. Petition for correction may be
filed at any time before proclamation and there
is nothing to suggest this cannot be applied
when validity of proclamation is precisely in
question.
Ututalum vs Comelec (181 S 335)
Padding of Registry of Voters of a
municipality not a listed ground for preproclamation controversy
Lazatin vs Comelec (157 SCRA 337)

ELECTION CONTESTS
Election contests, defined
These are adversarial proceedings by
which matters involving the title or claim to an
elective
office,
made
before
or
after
proclamation of the winner, is settled whether
or not the contestant is claiming the office in
dispute. The purpose of an election contest is
to ascertain the candidate lawfully elected to
office.
Nature of election contests
An election contest is imbued with
public interest.
The election contest must be liberally
construed to favor the will of the people. An
election contest may not be defeated by mere
technical objections.
Until and unless the election protest is
decided against him, a person who has been
proclaimed as duly elected has the lawful right
to assume and perform the duties and
functions of the office.
Distinction
between
Pre-Proclamation
Controversy and Election Contest
1) The Dividing
candidate

line:

Proclamation

of

Issue of validity of proclamation and

irregularities connected therewith is a matter
properly addressed to the HRET.

2) Jurisdiction

Darantinao vs Comelec (June 1989)

1.The jurisdiction of COMELEC is

administrative/quasi-judicial

Comelec has the power to inquire

whether members of the Board of Canvassers
are qualified or not, whether or not an election
had been held in a precinct, in order to
determine the integrity of the election returns
Alangdeo vs Comelec (June 1989)
The filing with the Comelec of a
petition to annul or suspend the proclamation
shall suspend the period to file an election
protest.
Mayor vs Comelec (Jan. 1989)
After proclamation and assumption of
office, the proper remedy is an election
protest, not a pre-proclamation controversy.

A. Pre-proclamation controversy

2.It is governed by the requirements

of administrative due process
B. Election contest
judicial

1.The jurisdiction of COMELEC is

2.It is governed by the

requirements of judicial process
3) In some cases, even if the case (involving
municipal
officials)
began
with
the
COMELEC before proclamation but a
proclamation
is
made
before
the
controversy is resolved, it ceases to be a

pre-proclamation controversy and becomes

an election contest cognizable by the RTC.
4) However, in some cases, the SC has
recognized the jurisdiction of COMELEC
over
municipal
cases
even
after
proclamation.
Jurisdiction over election contests

Regional and Municipal Trial Courts

Supreme Court
The Supreme Court, sitting en banc,
shall be the sole judge of all contests relating
to the election, returns, and disqualifications of
the President, Vice-President, and may
promulgate its rules for such purpose. (Art.
VII, Sec. 4, 1987 Constitution)
Electoral Tribunals of the Senate and
House of Representatives
The Senate and the House of
Representatives have their own electoral
tribunals.
Each electoral tribunal has 9
members: 3 Supreme Court Justices, 6
members of the Senate or House of
Representatives, as the case may be, who shall
be chosen on the basis of proportional
representation from the political parties and
the parties or organizations registered under
the party-list system represented therein.
(Art. VI, Sec. 17, 1987 Constitution)
For purposes of election contests
cognizable by the Electoral Tribunals, the rules
of procedure of such tribunals shall prevail over
the provisions of the Omnibus Election Code.
(Lazatin v. HRET, 168 SCRA 39)
COMELEC
The COMELEC has exclusive original
jurisdiction over all election contests relating to
the elections, returns, and qualifications of all
elective:
(1) Regional Officials;
(2) Provincial Officials; and
(3) City Officials
Decisions in these cases
appealed to the Supreme Court.

Decisions, final orders, or rulings of the

COMELEC on election contests involving
elective municipal and barangay offices shall
be final, executory and not appealable. (Sec.
2, Art. IX-C, 1987 Constitution)
Note,
however, that this does not preclude a recourse
to the Supreme Court by way of a special civil
action for certiorari. (Galido v. COMELEC, 193
SCFA 78)

may

be

The COMELEC has appellate jurisdiction

over all contests involving elective municipal
officials decided by trial courts of general
jurisdiction (i.e., Regional Trial Courts) or
involving elective barangay officials decided by
trial courts of limited jurisdiction (i.e., the
Municipal Trial Courts).

The Regional Trial Courts and Municipal

Trial Courts have exclusive original jurisdiction
over
municipal
and
barangay
officials,
respectively.
It must be noted that cases involving
qualifications
of
candidates
for
the
Sangguniang Kabataan filed before the election
are decided by the Election Officer, while those
filed after the election are decided by the
MTCs. (Nachura, p. 389)
Powers of the COMELEC in relation to
election contests
The power of COMELEC to decide
election cases includes the power to determine
the validity or nullity of votes.
The COMELEC has the power to issue
writs of certiorari, prohibition, and mandamus.
However, this power can only be exercised in
aid of its appellate jurisdiction. (Relampagos v.
Cumba, 243 SCRA 690)
Kinds of election contests
There are 2 kinds of election contests
that may be filed: an election protest, and a
quo warranto case.
Election Protest
WHO MAY FILE:
Any candidate who has filed a certificate
of candidacy and has been voted upon for
the same office, and who has not himself
caused or contributed to the irregularities
or frauds of which he complains
GROUNDS:
Fraud, terrorism, irregularities or illegal
acts committed before, during or after the
casting and counting of votes
PERIOD FOR FILING:

Within 10 days from proclamation of the

results of the election

COMELEC en banc, it shall be decided

within 30 days.

Where,
after
5
days
from
the
proclamation of the winning candidate,
the loser files a motion for reconsideration
in the pre-proclamation controversy, there
are only 5 days which remain of the
period within which to file an election
protest.
(Roquero v. COMELEC, 289
SCRA 150)

(7) The decision of a division becomes final

and executory after the lapse of 15 days
following its promulgation. The aggrieved
party may file a timely motion for
reconsideration within 5 days
from
promulgation of the decision on the
grounds that the evidence is insufficient to
justify the decision; or that the said
decision is contrary to law.

PROCEDURE:

A.

For protests filed with the

COMELEC (Rule 20 vis--vis
Rules 10-19, COMELEC Rules of
Procedure)

(1) Protestant files a verified petition with the

COMELEC
within
10
days
from
proclamation and pays the required docket
fees. Failure to pay the basic docket fee
will result in the dismissal of the protest.
(Gatchalian v. COMELEC, 245 SCRA 208)
(2) The Clerk of Court of the COMELEC or the
division
concerned
issues
the
corresponding summons to the protestee
within 3 days from the filing of the petition.
(3) Protestee must file an answer within 5
days from service of summons and a copy
of the petition.
The protestee may
incorporate in his answer a counter-protest
or counterclaim.
The COMELEC may not entertain a counterprotest filed beyond the reglementary
period to file the same. (Kho v. COMELEC,
G.R. No. 124033, Sept. 25, 1997)
(4) Protestant has 5 days from receipt of the
answer or answer with counterclaim or
counter-protest to file his reply or answer
to
counter-protest
or
counterclaim,
respectively.
If no answer is filed to the protest or
counter-protest, a general denial is
deemed to have been entered.
(5) After the issues have been joined, the case
shall be set for hearing and presentation
and reception of evidence.
(6) After the case has been submitted for
decision, the COMELEC shall render its
decision. If the case is being heard by a
Division, the case shall be decided within
10 days.
If it is being heard by the

For the COMELEC en banc, the decision

becomes final and executory 30 days from
its promulgation.
Veloria vs Comelec (211 SCRA 907)
A motion for the reconsideration of the
RTC decision is a prohibited pleading and does
not interrupt the 5-day period for appeal.
Garcia vs. De Jesus (206 SCRA 779)
But the Comelec cannot deprive the
RTC of its competence to order execution of its
decision pending appeal, this being a judicial
prerogative and there being no law not
authorizing the same; besides, the Comelec
rules would deprive the prevailing party of a
substantial right to move for such relief.
Relampagos vs. Cumba (243 SCRA 502)
In the exercise of its exclusive
appellate jurisdiction, the Comelec has the
power to issue writs of prohibition, mandamus
or certiorari, because the last par. of sec. 50 BP
697 is still in full force and effect and has not
been repealed nor amended by BP 881.
(abandons Veloria and Garcia)
Galido vs. Comelec (193 SCRA 78)
The fact that decisions, final orders or
rulings of the Comelec in appealed cases
involving elective municipal and barangay
officials are final, executory and unappealable
does not preclude a recourse to the Supreme
Court by way of a special civil action for
certiorari. (But only when Comelecs factual
determination is marred by grave abuse of
discretion = Alvarez vs. Comelec)
Puzon vs. HRET (Feb. 1989)
The Supreme Court declared the
review of a decision of the Electoral Tribunal is
possible only in the exercise of supervisory or
extraordinary jurisdiction, and only upon
showing that the Tribunals error results from a

whimsical, capricious, unwarranted, arbitrary

or despotic exercise of power.
Lazatin vs. HRET (168 SCRA 391)
For purposes of election contests
cognizable by the Electoral Tribunal, the HRET
rules of procedure shall prevail over the
provisions of the Omnibus Election Code.

B.

For protests filed with the Regional

Trial Courts
(Rule 35, COMELEC
Rules of Procedure)

(1) Protestant files a verified petition with the

RTC within 10 days from proclamation.
(2) Protestee must file an answer within 5
days after receipt of notice of the filing of
the petition and a copy of the petition.
Should the protestee desire to impugn the
votes received by the protestant in other
precincts, he may file a verified counterprotest within the same period fixed for the
filing of the answer.
(3) Protestant has 5 days from receipt of the
counter-protest to file his answer to such
counter-protest.
(4) Any other candidate for the same office
may intervene in the case within 5 days
from filing of the protest by filing a verified
petition-in-intervention. The protestant or
protestee shall answer the protest-inintervention within 5 days after notice.
(5) If no answer is filed to the protest,
counter-protest or protest-in-intervention
within the specified time limits, a general
denial is deemed to have been entered.
(6) After the issues have been joined, the case
shall be set for hearing. Presentation and
reception of evidence shall be completed
within 30 days from the date of the
commencement thereof.
(7) The Court shall decide the election contest
within 30 days from the date it is
submitted for decision, but in every case
within 6 months after its filing.
Such
decision shall declare who among the
parties has been elected, or in a proper
case, that none of them has been legally
elected.
(8) The decision becomes final 5 days after its
promulgation.
No
motion
for
reconsideration shall be entertained.
Should an aggrieved party wish to appeal

the decision to the COMELEC, he may do

so by filing a notice of appeal within 5 days
from promulgation of the decision.
EFFECT OF DEATH OF PROTESTANT
The death of the protestant does not
extinguish an election protest.
An election
protest is imbued with public interest which
raises it onto a plane over and above ordinary
civil actions, because it involves not only the
adjudication of the private interest of the rival
candidates but also the paramount need of
dispelling once and for all the uncertainty that
beclouds the real choice of the electorate with
respect to who shall discharge the prerogatives
of the office within their gift. (De Castro v.
COMELEC, 267 SCRA 806)
However, it is not the heirs of the
deceased who shall be the successors-ininterest to the suit, but the succeeding
candidate-elect. For example, if the deceased
was a candidate for governor, the real party in
interest in the continuation of the proceedings
is the Vice-Governor-elect, as he or she will
succeed in the event that the protestant is
declared to be the person lawfully elected to
the office.
Arao vs. Comelec (210 SCRA 290)
Failure of protestant to raise the
question of identical handwriting or of
impugning the validity of the ballots on that
ground does not preclude the Comelec from
rejecting the ballots. Unlike an ordinary suit,
an election protest is a public concern. The
rights of the contending parties must yield to
the far greater interest of the citizens in
upholding the sanctity of the ballot. Thus, the
Comelec simply cannot close its eyes to the
illegality of the ballots even if the protestant
omitted to raise the ground in his protest.
Emi vs. Comelec (243 SCRA 706)
The Court upheld the authority of the
Comelec to determine whether ballots had
been written by one or two persons, or in
groups written by only one hand, without need
of calling for the services of handwriting
experts, this investigation being more in the
nature of an internal process
Bulaong vs Comelec (220 SCRA 745)
An order regarding the revision of
ballots is an interlocutory order because it still
requires a party to perform certain acts leading
to the final adjudication of the case

Miriam Defensor Santiago vs. Fidel Valdez

Ramos (253 SCRA 599)
Election protest filed by Santiago
rendered moot and academic by the election of
Santiago as a Senator in the May 1995
elections and assumption of office, thus
effectively considered as having abandoned or
withdrawn her protest or at the very least, in
the language of Moraleja v Relova, abandoned
her determination to protect and pursue the
public interest involved on who is the real
choice of the electorate.
Gatchalian vs Comelec (245 SCRA 208)
The period for filing an election protest
is suspended during the pendency of a preproclamation controversy.
The protestant has to pay a docket fee
of P300.00 and an additional docket fee if
there is a claim for damages. For failure to pay
the basic docket fee, the protest should be
dismissed.
Poe vs. Gloria Macapagal-Arroyo (PET Case
No. 002, March 29, 2005)
The Supreme Court said that if persons
not real parties in the action could be allowed
to intervene, proceedings will be unnecessarily
complicated, expensive and interminableand
this is not the policy of the law. Inasmuch as
no real parties such as the vice-presidential
aspirants in the 2004 elections have come
forward to intervene, or to be substituted for
the deceased protestant, it is far more prudent
to abide by the existing and strict limitations
on intervention and substitution under the law
and the rules.
Quo Warranto
WHO MAY FILE:
Any
voter in the constituency

1) because case already moot and

academic, Dazas term to end in June
30, 1992
2) SC without jurisdiction, HRET proper
forum as sole judge of all contests
relating to the election, returns and
qualifications
of
House
of
Rep.
members
3) As a de facto officer, Daza cannot be
made to reimburse funds disbursed
during his term of office, bec. his acts
are valid.
Frivaldo vs. Comelec (174 SCRA 245)
Since Frivaldos copy of certificate of
naturalization obtained only in Sept. 1988, the
petition for disqualification may still be
considered as having been seasonably filed
even if filed more than seven months from the
proclamation.
Award of damages
Actual or compensatory damages may
be granted in all election contests or in quo
warranto proceedings in accordance with law.
(Sec. 259, B.P. 881)
EVIDENCE ON THE ELECTION
The following may be used as evidence
in contesting the results of the election:
Election Returns
Election returns are properly used as
evidence in an election contest when what is
involved is the correctness of the number of
votes of each candidate, and the ballots cannot
be produced or are not available.
Ballots

registered

Ballots are properly used as evidence

when the election returns are not available.

GROUNDS:
Ineligibility or disloyalty
to the Republic of the Philippines

Poll-Books and Tally Sheets

PERIOD FOR FILING: Within 10 days

from proclamation of the results of the
election

Poll-books and tally sheets may be

used as evidence where by law, poll-books or
tally sheets are required to be kept.

Sampayan vs. Daza (213 SCRA 807)

Election Officials

Petition
for
prohibition
filed
by
residents of N. Samar in the Supreme Court
against Cong. Daza dismissed:

Election officials may be called to

testify in the absence of ballots, tally sheets or
poll-books.
Voters

Voters may testify where the illegality

consists in the casting of votes by persons
unqualified, unless it can be shown for whom
they voted, it cannot be allowed to change the
result.

Investigation
and
prosecution
of
election offenses shall be given priority by the
COMELEC.
The investigating officer shall
resolve the case within 5 days from
submission.

Certificate of Votes

The courts shall give preference to

election cases over all other cases except
petitions for writ of habeas corpus. Their trial
shall be commenced without delay and shall be
conducted continuously until terminated, and
the case shall be decided within 30 days from
its submission for decision. (Sec. 269, B.P.
881)

The provisions of Sections 235 and 236

of the Omnibus Election Code notwithstanding,
the certificates of votes shall be admissible in
evidence to prove tampering, alteration,
falsification or any anomaly committed in the
election
returns
concerned,
when
duly
authenticated by testimonial or documentary
evidence presented to the board of election
inspectors who issued the certificate.

Election offenses

The failure to present any certificate of

votes shall be a bar to the presentation of
other evidence to impugn the authenticity of
the election returns.

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:

ELECTION OFFENSES

Registration

Jurisdiction over election offenses

The
Regional
Trial
Courts
have
exclusive original jurisdiction to try and decide
any criminal actions or proceedings for
violation of election laws. (Sec. 268, B.P. 881;
Juan v. People, G.R. No. 132378, January 18,
2000)

Failure of the Board of Election

Inspectors to post the list of voters
in each precinct.
(Sec. 9, R.A.
7166);

Change or alteration or transfer of a

voter's precinct assignment in the
permanent list of voters without the
express written consent of the voter
(Sec. 4, R.A. 8189)

Prosecution of election offenses

The COMELEC has the exclusive
power to investigate and prosecute cases
involving violations of election laws. (Sec. 2
(6), Art. IX-C, 1987 Constitution; Sec. 268,
B.P. 881; De Jesus v. People, 120 SCRA 760)
However, it may validly delegate the power to
the
Provincial
Prosecutor
or
to
the
Ombudsman.
- But it is not the duty of the Comelec as
investigator and prosecutor to gather proof in
support of a complaint field before it
(Kilosbayan vs. Comelec, GR No. 128054, Oct.
16, 1997)
In the event that the COMELEC fails to
act on any complaint within 4 months from its
filing, the complainant may file the complaint
with the fiscal or the Department of Justice, if
warranted. (Sec. 265, B.P. 881)
Preferential
offenses

disposition

of

election

Certificate of Candidacy

Continued
misrepresentation
or
holding out as a candidate of a
disqualified
candidate
or
one
declared by final and executory
judgment to be a nuisance candidate
(Sec. 27f, R.A. 6646);

Knowingly inducing or abetting such

misrepresentation of a disqualified or
nuisance candidate (Sec. 27f, R.A.
6646);

Coercing,
bribing,
threatening,
harassing, intimidating, terrorizing,
or actually causing, inflicting or
producing
violence,
injury,
punishment, torture, damage, loss
or disadvantage to discourage any
other person or persons from filing a
certificate of candidacy in order to
eliminate
all
other
potential
candidates from running in a special
election (Sec. 5, R.A. 8295);

Election Campaign

Appointment or use of special

policemen, special agents or the like
during the campaign period (Sec.
261m, B.P. 881)

Use of armored land, water or

aircraft during the campaign period
(Sec. 261r, B.P. 881)

Unlawful electioneering (Sec. 261k,

B.P. 881)

Acting as bodyguards or security in

the case of policemen and provincial
guards during the campaign period
(Sec. 261t, B.P. 881)

Removal, destruction, obliteration, or

tampering
of
lawful
election
propaganda, or preventing the
distribution thereof (Sec. 83, B.P.
881 vis--vis Sec. 262, B.P. 881)

Voting

Being a flying voter (Sec. 261z (2),

B.P. 881)

Counting of Votes

Tampering, increasing, decreasing

votes, or
refusal to correct
tampered
votes
after
proper
verification and hearing by any
member of the board of election
inspectors (Sec. 27b, R.A. 6646)

Refusal to issue to duly accredited

watchers the certificate of votes cast
and the announcement of the
election, by any member of the
board of election inspectors (Sec.
27c, R.A. 6646)

Canvassing

Any chairperson of the board of

canvassers who fails to give notice of
meeting to other members of the
board, candidate or political party as
required (Sec. 27e, R.A. 6646)

Acts of government or public officers

Vote-buying and vote-selling (Sec.

261a, B.P. 881)

Conspiracy to bribe voters

261b, B.P. 881)

Appointment of new employees,

creation of new positions, promotion,
or giving salary increases within the
election period (Sec. 261g, B.P. 881)

Transfer of officers and employees in

the civil service within the election
period without the prior approval of
the COMELEC (Sec. 261h, B.P. 881)

(Sec.

A disputable presumption of a
conspiracy to bribe voters is
created when there is proof
that at least 1 voter in different
precincts representing at least
20% of the total precincts in
any
municipality,
city
or
province has been offered,
promised or given money,
valuable consideration or other
expenditure by a candidate's
relatives,
leaders
and/or
sympathizers for the purpose
of promoting the election of
such candidate. (Sec. 28, R.A.
6646)

Coercion of subordinates to vote for

or against any candidate (Sec. 261d,
B.P. 881)

Dismissal of employees, laborers, or

tenants for refusing or failing to vote
for any candidate (Sec. 261d(2),
B.P. 881)

People v. Reyes (247 SCRA 328)

Transfer or detail of a government
officer or employee will not be penalized if
done to promote efficiency in the government
service. To prove violation, two elements must
concur: 1) The fact of transfer or detail within
the election period as fixed by the Comelec;
and 2) The transfer or detail was made without
prior approval of the Comelec, in accordance
with its IRR. Here the transfer was made 1 day
prior to Comelecs issuance of Res. No. 2333,
which prescribed the rules and regulations on
how to obtain Comelec approval for such
transfers.

Intervening of public officers and

employees in the civil service in any
partisan political activity (Sec. 261i,
B.P. 881)

Use of public funds for an election

campaign (Sec. 261o, B.P. 881)

Illegal release of prisoners before

and after election (Sec. 261n, B.P.
881)

Release,
disbursement
or
expenditure of public funds during
the prohibited period (Sec. 261v,
B.P. 881)

Construction of public works, etc.

during the prohibited period (Sec.
261w, B.P. 881)

Suspension of elective local officials

during the election period without
prior approval of the COMELEC (Sec.
261x, B.P. 881)

under contract with the COMELEC

(Sec. 27a, R.A. 6646)

Coercion, intimidation, violence

Coercion of election
employees

Threats, intimidation, terrorism, use

of fraudulent devices or other forms
of coercion (Sec. 261e, B.P. 881)

Use of undue influence

B.P. 881)

Carrying deadly weapons within the

prohibited area (Sec. 261p, B.P.
881)

officials

(Sec. 261j,

It is not necessary that the deadly

weapon be seized from the accused while he
was in the precinct or within a radius of 100
meters therefrom; enough that the accused
carried the deadly weapon within the
prohibited radius during any of the days and
hours specified in the law.

Carrying firearms outside residence

or place of business (Sec. 261q, B.P.
881)
Organization or maintenance of
reaction forces, strike forces, or
similar forces during the election
period (Sec. 261u, B.P. 881)

Other prohibitions

Wagering upon the results

elections (Sec. 261c, B.P. 881)

Sale, etc. of intoxicating liquor on

the day fixed by law for the
registration of voters in the polling
place, or the day before the election
or on election day (Sec. 261dd (1),
B.P. 881)

Opening booths or stalls within 30

meters of any polling place (Sec,
261dd (2), B.P. 881)

Holding fairs, cockfights, etc. on

election day (Sec. 261dd (3), B.P.
881)

Refusal to carry election mail during

the election period (Sec. 261dd (4),
B.P. 881).
In addition to the
prescribed penalty, such refusal
constitutes a ground for cancellation
or revocation of certificate of public
convenience or franchise.

Discrimination in the sale of air time

(Sec. 261dd (5), B.P. 881) In
addition to the prescribed penalty,
such refusal constitutes a ground for
cancellation or revocation of the
franchise.

and

Mappala v. Judge Nunez (240 SCRA 200)

Unauthorized printing of official

ballots and election returns with
printing establishments that are not

of

Failure to register or vote

Art. V, Sec. 1 of the 1987 Constitution
states that suffrage "may" be exercised by
qualified citizens of the Philippines, as
compared to the 1935 and 1973 Constitutions
which used the term "shall." Thus, it can be
said that under the current Constitution, failure
to register or to vote is no longer an election
offense.
Other election offenses under RA 6646

Person who violated provisions against

prohibited forms of election propaganda

If the chairman of the BEI fails to affix his

signature at the back of the official ballot,
in the presence of the voter, before
delivering the ballot to the voter. (under RA
7166)

Good faith not a defense

Election offenses are generally mala

prohibita.
Proof of criminal intent is not
necessary. Good faith, ignorance, or lack of
malice is not a defense; the commission of the
prohibited act is sufficient. (People v. Bayona,
61 Phil. 181; People v. Fuentes, 181 Phil.
186)

by whomsoever issued except only upon a

warrant of arrest issued by a competent judge
after all the requirements of the Constitution
have been strictly complied with.

Penalties

Election offenses prescribe 5 years

from the date of their commission.

For individuals

Imprisonment of not less

than 1 year but not more
than
6
years,
without
probation (Sec. 264, B.P.
881)

Disqualification to hold public

office;
Deprivation of the right of
suffrage

Prescription

If the discovery of the offense be made

in an election contest proceeding, the period of
prescription shall commence on the date on
which the judgment in such proceedings
becomes final and executory. (Sec. 267, B.P.
881)
Special Laws
RA 7941 Party-List System Act

Seeks
to
representation

Any party already registered need not

register anew. File manifestation not later
than 90 days before election.

For a Foreigner

Imprisonment of not less

than 1 year but not more
than
6
years
(without
probation);
Deportation after service of
sentence

Payment of a fine not less

than P10,000 after a criminal
conviction

Persons Required by Law

Prisoners in their Custody

to

proportional

Grounds for refusing or canceling registration

of Party-Lists groups

For a Political Party

promote

Keep

For prisoners illegally released from

any penitentiary or jail during the prohibited
period, where such prisoners commit any act
of intimidation, terrorism or interference in the
election, the Director of the Bureau of
Corrections, provincial warden, jail keeper or
persons who are required by law to keep said
prisoners in their custody shall, if convicted, be
sentenced to suffer prison mayor in its
maximum period. (Sec. 264, B.P. 881)
Arrests in Connection with the Election
Campaign
No person shall be arrested or detained
at any time for any alleged offense committed
during and in connection with any election
through any act or language tending to support
or oppose any candidate, political party or
coalition of political parties under or pursuant
to any order of whatever name or nature and

a.

Religious
sect
organization

or

denomination,

b.

Advocates violence

c.

Foreign party or organization

d.

Receives foreign support

e.

Violates election law

f.

Untruthful statements in its petition

g.

Ceased to exist for at least one year

h.

Failed to participate in the last two

preceding elections or fails to obtain at
least 2% of the votes cast under the partylist system in the 2 preceding elections for
the constituency in which it has registered

Nomination of party-list reps should not

include any candidate for any elective office or
a person who has lost his bid for an elective
office in the immediately preceding election
Incumbent sectoral representatives in the
House of Representatives who are nominated
in the party-list system shall not be considered
resigned

Party List Reps constitute 20% of the total

number of the members of the House of Reps
including those under the party-list
How do we determine the number of
party list seats in the House of Reps?
Formula: (# of District Reps / 0.80) x 0.20 = #
of party list reps

The 5 major political parties are now

entitled to participate in the party list
system

Parties receiving at least 2% of the total

votes cast for the party-list system shall be
entitled to one seat each

No party shall be entitled to more than 3

seats

Currently, there are 260 (208/0.80) seats.

So 20 % of 260 are 52 seats. But this is
only a ceiling.

A list with 5 names should be submitted to

COMELEC as to who will represent the
party in the Congress.

Ranking in the list submitted determines

who shall represent party or organization.

Q: May political parties participate in the

party-list elections?
A: Yes, provided that the political parties
themselves represent the marginalized and
under represented sectors, parties and
organizations. (Ang Bagong Bayani-OFW Labor
Party v. COMELEC, G. R. No. 147589 26 June
2001).