COMELEC

1. Explain the relevance of the case of Cayetano vs Monsod under the present topic.
-qualification of Atty. Monsod as chairman of Comelec

Are you qualified to be appointed commissioner even if you are not a lawyer?
-yes, but I must be atleast 35 yrs of age, holder of a college degree and must not have
been a candidate for any elective positions in the immediately preceding elections.

President Digong appointed Rep. Arthur Defensor Jr., as commissioner of Comelec on

July 17, 2018. Is the appointment valid?If Defensor gives up his seat in the HR, can he
assume immediately?
-not valid
-no, cannot assume immediately bcus needs consent of the Com on appointment

-BRILLIANTES V YORAC
Matibag v benipayo

2. Quasi Judicial Power

Art. IX C, sec. 2 (2) refers to the exercise of the quasi-judicial power of the Comelec. It
is mandatory that as to these kinds of cases SEc. 3 applies. Take note of 3 words - election,
returns, qualifications.

3. Discuss the instance when the Comlec can sit en banc to decide the case without anymore
complying with the requirement that the case shall first be heard by the division?
- Motion for reconsideration of a decision of a division.
- Petition for correction of manifest errors alleging an erroneous copying of figures from
the election return to the Statement of votes by precinct.
- Petition to correct manifest errors in the tabulation or tallying of results by the board of
canvassers.
- Power of the comelec to prosecute cases of violation of election laws involves the
exercise of administrative power
- Cases when the commission does not exercise its adjudicatory or quasi-judicial power

In an election protest filed by the losing mayoralty candidate L, the Comlec third division,
deciding the appeal, affirmed the decision of the RTC. L, filed a petition for certiorari before the
SC arguing that Comelec committed grave abuse of discretion. Should the SC take cognizance
of the petition of L?
-No. Only decisions of the Comelec en banc may be brought to the SC on certiorari. (Reyes vs
RTC of Oriental Mindoro)

4. Appeals
Does the Comelec have the power to issue writs of certiorari, mandamus or prohibition?
Yes (Relampagos vs Cumba) (Sec 50, BP 697)
Is execution pending appeal allowed under the law? If not why? If allowed under what
circumstances?
- ( Relampagos vs Cumba) The right of a party to seek execution pending appeal is
strictly construed. The grant of the motion is dependent on the public interest involved,
the shortness of the remaining portion of the term, and the length of time that the protest
has been pending. It should be filed before the expiration of the period for appeal.
5. Pre-proclamation cases
Which body has jurisdiction over pre-proclamation cases, Comelc, the courts or the
electoral tribunal?
Comelec

See Sec. 242 of BP 881.

Pre-proclamation controversies are prohibited in national offices )except questions involving the
composition and proceedings of the Board of Canvassers)

5. Inclusion/exclusion; prosecution
Can the Comelec initiate a petition for inclusion? How about petition for exclusion?
Yes.

If you are the respondent in the case and you don’t agree with the decision of the court,
where are you going to file your appeal? Within what period?

It is not within the competence of the trial court in exclusion proceedings, to declare the
challenged voters as a resident of another barangay or municipality. The jurisdiction of the trial
court is limited only to determining the right of the voter to remain in the list of voters or that he
is not qualified to vote in the said precinct in which he is registered, stating the grounds for
disqualification.

6. Section 2, par3
Comelec issued Resolution No. 2987 providing for the rules to govern the conduct of the
plebiscite in relation to an ordinance passed by the Sangguniang Panglungsod abolishing
Barangay M. The resolution of the Comelec was questioned before the RTC for being invalid.
Can RTC take jurisdiction over the case?

YeS. The case questioning the validity of COMELEC REso No 2987 providing for the rules to
govern the conduct of the plebiscite relative to an ordinance abolishing a barangay, being
merely an incident of the Commission’s inherent administrative functions over the conduct of a
plebiscite may be taken cognizance of by the RTC. Salva vs Makalintal

7. Prosecution of Offenses
 Discuss the facts, issue and ruling in the case of Jose Miguel Arroyo vs DOJ, et al.

the Comelec and other prosecuting arms of the government, such as the DOJ, now exercise
concurrent jurisdiction in the investigation and prosecution of election offenses.

Is this power under Sec 2, par 6 exclusive to the Comelec?

The Chief of Police of Igbaras filed a case of vote buying against Mayor Butod before the
Provincial Prosecutor’s Office. Prosecutor Tams issued subpoena to Butod in connection with
the conduct of Preliminary Investigation. Is the action of Pros. Tams valid?
No. Under sec 265 of BP 881, the Comelec is granted the exclusive power to conduct
preliminary investigation of all offenses punishable under Omnibus election however it may
delegate the power to provincial prosecutors.

8. Registration
Discuss the prohibitions relative to the registration of parties, organizations or coalitions.
- Religious denomination shall not be registered

Can the Comelec motu proprio cancel the registration of a national, regional or sectoral
party, organization or coalition? What are the grounds?
- Yes. On the following grounds:
- It is a religious sect or denomination, organization or association
organized for religious purposes
- It advocates violence or unlawful means to seek its goal
- It is a foreign party or organization
- It is receiving support from any foreign government, foreign political party,
foundation organization, whether directly or through any of its officers or
members
- It violates or fails to comply with laws, rules and regulations relating to
elections
- It declares u truthful statements in its petition
- It has ceased to exist for atleast one year
- It fails to participate in the last two preceding elections or fails to obtain
atleast 2% of the votes cast under the party-list system in the two
preceding elections for the constituency in which it was registered.

How about on the ground of immorality?

- Moral disapproval, without more, is not a sufficient governmental interest to justify
exclusion of homosexuals from participation in the party-list system ( Ang Ladlad LGBT
Party vs Comelec)
9. Election Protest
What if Beth ran for the position of SK Chairman and she want to file an election protest,
where shall she file it?
MTC.
 How about if she ran for a seat in the HR? Can she file the election protest before the
Comelec? Why or why not?
No. HRET

How will you know that the Comelec no longer has jurisdiction over the case?
The winning candidate has been proclaimed, taken his oath, and assumed office.
-

10. Election Protest

Supposed, Beth ran for the position of barangay captain, will it make a difference in your
answer?
No. Still MTC

How about if she ran for the position of governor?

RTC
After hearing the case, the RTc ruled that indeed Beth lost in the election. If Beth wants
to question the decision of the court, where shall she file the appeal? Within how many days? Is
MR of the court’s ruling allowed?
File with the COMELEC within 5 days from receipt of a copy of the decision. A motion for recon
of the RTC decision is a prohibited pleading.

11. Right to Vote

If you want to question the eligibility of a person to vote, where are you going to file the
case?
File exclusion proceedings with COMELEC.

Inclusion and exclusion proceedings.

During election period, the Comelec is very powerful. Who can the Comelec deputize?
What are the requirements?
Deputize with the concurrence of the President, Law enforcement agencies and
instrumentalities of the government, including the Armed Forces of the Philippines

12. Banat vs Comelec

Explain the formula in the determination of the seats for each of the party under the
Party-list election as laid down in Banat.

RANKING: 1. The parties, organizations, and coalitions shall be ranked from the highest to the
lowest based on the number of votes they garnered during the elections.
2% GUARANTY. 2. The parties, organizations, and coalitions receiving at least two percent
(2%) of the total votes cast for the party-list system shall be entitled to one guaranteed seat
each.
ADDITIONAL SEATS 3. Those garnering sufficient number of votes, according to the ranking in
paragraph 1, shall be entitled to additional seats in proportion to their total number of votes until
all the additional seats are allocated.
LIMITATION. 4. Each party, organization, or coalition shall be entitled to not more than three (3)
seats.

Name the three different groups that may participate in the party-list system.
-sectoral parties may either be marginalized and under-represented or lacking in well-defined
political constituencies
-national parties
-regional parties

13. Rule making Power

Discuss the limitations to the rule making power of the Comelec

When Richard Gomez filed his COC as mayor of Ormoc City, his opponent filed before
the Comelec a petition to deny due course to his certificate of candidacy. After conducting
series of hearing, the Comelec, the Comelec en banc issued a decision cancelling Gomez’ COC
on the ground that he is not a resident. Is the decision valid?

14. Three words meaning

Election - refers to the conduct of the polls, including the listing of voters, holding of the
electoral campaign, and casting and counting of votes.
Returns - refers to the canvass of the returns and the proclamation of the winners,
including questions concerning the composition of the Board of Canvassers and the authenticity
of the election returns.

15. En banc proceedings

In an en banc proceedings, the Comelec approved the appointment of Atty Evoly as the
Regional Director for Region VI. Atty Agnes M. wanted to question the action of the Comelec as
invalid because Atty. Evoly is not qualified. Where shall the case be filed? In the RTC, SC or in
the CSC?

16. Election Protest

In the appeal before the Comelec, the law requires the payment of two appeal fees, what
are they?
One to be paid in the trial court together with the filing of the notice of appeal; and
The other to be paid in the Comelec Cash Division within the 15 day period from the filing of the
notice of appeals.
 After receiving the decision of the Comelec denying her appeal, Beth filed a petition
before the SC alleging that Comelec committed grave abuse of discretion. Her opponent filed a
motion to dismiss her petition because it is stated in the constitution that decisions of the
Comelec in appealed cases before it are final, executory and not appealable. Should the
petition be dismissed?
No. Sec 2 (2) , Art. IX-C does not preclude a recourse to the sC by way of special civil action for
certiorari under Rule 64 in relation to Rule 65 of the Rules of court.

17. Powers of the Comelec

Discuss the issue in the case of Sarmiento vs Comelec. How did the SC resolve the
issue.

the Supreme Court set aside the resolutions of the Comelec in this and several companion
cases, because the Comelec en banc took original cognizance of the cases without referring
them first to the appropriate Division.

Can the Comelec immediately hear the case en banc without following the requirement
that it will first sit by division?
Yes.
Discuss the issue and ruling in the case of Cagas vs Comelec.

held the broad power or authority of the COMELEC to fix other dates for a plebiscite to enable
the people to exercise their right of suffrage

18. Appeals
Does the Comelec have the power to issue writs of certiorari, mandamus or prohibition?
Yes.
Is execution pending appeal allowed under the law? If not why? If allowed under what
circumstances?

Does the Comelec have the power to cite a person in contempt?

Yes. But the power may be exercised only when the Comelec is engaged in the exercise
of its quasi-judicial powers.

19. Common Provisions

Commissioner Guanzon of the Comelec is a lawyer. During weekends, she helps in the
preparation of affidavits of rape victims which affidavits are to be used for filing of cases before
the prosecutor’s office. Are her actions allowed by the constitution?
No. Article IX Section 2 of the Constitution prohibits a member of the ConCom to
hold any office or employment during his tenure. Neither shall members engage in the
practice of any profession.
Can she be an investor in two 7/11 stores in Bacolod City?
Yes. What Article IX Section 2 of the Constitution prohibits is the active
management or control of the business which in any way may be affected by the
functions of his office.

20. Decision Making

When the Comelec sits en banc there are only 6 members present. The vote is 3 vote in
favor, 3 votes against. What will the commission do?

If the votes remain at 3-3 what will happen to the case or petition filed?
Is there a difference if the case is originally filed before the commission or if one which is on
appeal?

21. Votes Required

Comelec sits en banc. Two commissioners did not take part in the deliberations
because they are on leave. Three voted to dismiss the petition filed. Two are against the
dismissal. Is the decision of the Comelec valid?

There are only 6 commissioners when they deliberated the case. After the deliberation,
the vote was 5-1 in favor of favoring the petitioner in the case. However before the case was
promulgated by the commission, two of the commissioners retired. Is the decision still valid?