Appreciating Election Laws

Mandatory Continuing Legal Education

(MCLE Prescribed Subjects)

Luie Tito F. Guia

Former Commissioner
Commission on Elections
(2013-2020)

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 Coverage
I. Context

II. Laws, Rules, Regulations and Recent Supreme Decisions

• Sources of Philippine Election Laws

• Right to Vote and Voter Registration
• Candidates and Political Parties
• Campaigns and Campaign Finance
• Voting, Counting, and Canvassing Process
• Election Complaints and Dispute Resolution

III. Imperatives of Elections Law Reform

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 Context
COVID laced 2022 elections
• Mobility Restrictions
• Health fear of voters and other actors
• Affects preparation

Pervasiveness of use of Online/Social Media in political and electoral discourse

• Affects the need for informed electorate

Persistent Influence of Money in Politics

• Unduly favors moneyed elites in Philippine society

“Old” Legal Framework in Elections

• Relevance and Responsiveness of Current Laws

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Laws, Rules, Regulations, and Recent
Supreme Court Decision

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Sources of Philippine Election Laws
Philippine Constitution

• Structure of Government
• Electoral Systems Design
• Commission on Elections

International Obligations

• Universal Declaration on Human Rights

• International Covenant on Civil and Political Rights
• UN Convention on the Elimination of All Forms of Discrimination Against Women
• UN Convention on the Rights of Persons With Disabilities
• UN Convention Against Corruption
• Other Laws

Judicial Precedents/Jurisprudence

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Current Legal Framework in Philippine Elections
Legislations on Election
• Rep. Act No. 9006
• Omnibus Election Code (1985)
• E.O. No. 157 • Rep. Act No. 9164
• E.O. No. 292 (Book V, Title I, Subtitle C) • Rep. Act No. 9189
• Rep. Act No. 6646 • Rep. Act No. 9244
• Rep. Act No. 6735 • Rep. Act No. 9369
• Rep. Act No. 7160 (Sections 39, 40, etc.) • Rep. Act No. 10366
• Rep. Act No. 7166 • Rep. Act No. 10367
• Rep. Act No. 7887
• Rep. Act No. 10590
• Rep. Act No. 7890
• Rep. Act No. 10742
• Rep Act No. 7941
• Rep. Act No. 8173 • Rep. Act No. 10756
• Rep. Act No. 8295 • Rep. Act No. 11054
• Rep. Act No. 8436 • Rep. Act No. 11207

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 COMELEC Rules and Resolution
Types

• Formal Resolution
• Minute Resolution

Classifications:

• Quasi-Judicial
• COMELEC Rules of Procedures and Amendment
• Decisions in Election Disputes
• Election Offenses
• Election Cases
• Operations and Administrative
• Election Calendar
• General Instructions for Voting Counting and Canvassing
• Resolutions on Candidacy and Campaigns
• Resolution on Campaign Finance
• Resolutions on the Use of State Resources
• Resolutions on Special Voting Arrangements for PWD, PDs and IPs
• Internal Administration

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RIGHT TO VOTE AND VOTER REGISTRATION

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Right to Vote and Voter Registration

Sources of Laws

• Constitution, Article V
• Legislations
• Rep. Act No. 8189 (1996) - Law on Continuing Registration
• Rep. Act No. 9189 (2003) - Overseas Absentee voting Law
• Rep. Act No. 10590 (2013) - Overseas Voting Law
• Rep. Act. No. 10742 (2016) – SK Law

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Right to Vote and Voter Registration
COMELEC Resolutions on Voter Registration

• Res. No. 10549 (July 18, 2019)

• Resumption of Continuing Registration
• Res. No. 10674 (August 12, 2020)
• Continuing Registration of Voters Under the New Normal
• Res. No. 10677 (August 26, 2020)
• Continuing Registration of Overseas Voters Under the New Normal
• Res. No. 10693 (February 3, 2021)
• Inclusion of SK Voters in the Regular List an Exclusion of those who are overaged
• Res. Nos. 10711 and 10715 (July 28 and August 11, 2021)
• Satellite Registration for PDLs
• Res. No. 10720 and 10721 (October 6, 2021)
• Extension of Registration
• Res. No. 10737 (December 1, 2021)
• Procedure for Abatement and Manual Inclusion of names in the Final List of Voters due to court orders, etc.)
• Res. No, 10758 (January 26, 2022)
• Procedure for Verification and Certification of of Voters List
• Res. Nos. 9427 (May 17, 2012)and 10424 (September 21, 2018)
• Special Registration Requirements for IP Voters

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 Basic Law is RA 8189

• "Active" Registration System

• “Continuing Registration”

Understanding Terms and Concepts

Voter • Registration
Registration • Voter Registration Record
• Book of Voters
• Permanent List of Voters
• Precinct
• Deactivation and Reactivation of Registration
• Cancellation of Registration

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 Voter Registration Process
Approval of Voter
Registration Record
• Application for Registration becomes
Voter Registration Record
Processing of Application for • Voter assigned to a Precinct
Registration • Inclusion of VRR in the Precinct Book
• Election Registration Board of Voters
• ERB meeting every quarter • Inclusion of the Name in the
Application for Registration Permanent List of Voters of a
• Posting and Notice Requirements
• Personal appearance Precinct
• Challenge and Objection
• At the Office of Election Officer • ERB Deliberation
• Accomplish an Application Form
• Supply Biometric Data

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Other Registration Activities
Deactivation and Reactivation of Registration

• Affidavit of Reactivation
• Instances
• Failed to Vote in the two immediately preceding elections
• Lost Philippine Citizenship
• Conviction of crimes involving disloyalty to the republic
• Sentenced for more than one year of imprisonment
• Declared declared to be insane or incompetent.

Transfer of Registration Records

• From another city or municipality

• Within the same City of Municipality
• From Overseas Voter voting locally.

Correction of Entries in the Registration Records

Inclusion of Inadvertently Omitted Names on the Voter’s List

Cancellation of Registration
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 Judicial Recourse

• Inclusion
• Exclusion
Other Voter • Execution of Decision and Appeals

Registration Management of the Voter Registry

Related • Computerized Voters List

• Copies for the Provincial Office and the National
Central File
Subjects • Automated Fingerprint Identification System
(AFIS)
• Verification
• Public access and transparency.

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CANDIDATES AND POLITICAL PARTIES

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Laws Relating to Candidates and Political Parties
The 1987 Constitution

• Articles VI, VII, IX-C, X, and XVIII

Statutes or Legislations

• Rep. Act No. 7160 (Local Government Code)

• Section 39, 40, 44, 45, and 46
• Rep. Act No. 10742 (New SK Law)
• BP Blg. 881 (the Omnibus Election Code)
• Sections 12, 66, 69, 70, 74, 76, 77, and 79(a)
• Rep. Act No. 7166 (Synchronized Elections Law)
• Section 5
• Rep. Act No. 8436, as amended by Rep. Act No. 9369
• Sec. 15

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 COMELEC Rules and Resolutions
Res. No. 10695 (Calendar of Activities)
Res. No. 10689 (Deadline for Petition for Pol. Parties, etc.)
Res. No. 10690 (Deadline for Petition for Party-List Registration, etc.)
Res. No. 10696 (Cancellation of Registration of Parties)
Res. No. 10717 (Filing of COCs, etc)
Res. No. 10733, 10735 (Raffling for position in the ballot)
COMELEC Rules of Procedure
Res. 9523, as amended
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 Candidates

“Candidate” defined

• “…. refers to 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.” (Section 79 (a) of the OEC)
• “…Any person who files his certificate of candidacy within this
period shall only be considered as a candidate at the start of
the campaign period for which he filed his certificate of
candidacy …” (Section 15 of RA 8436, as amended by RA 9369)

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Eligibility/Qualifications of Candidates

The Constitution – National elective positions

• Natural born citizenship

• Residence in the Philippines
• Age
• Able to read and write
• Being registered Voter

Th e Local Government – for Local Government Position (Section 39 of the LGC )

• Filipino Citizen
• Age
• Resident of the constituency s/he is a candidate of for at least one year
• Being Registered Voter therein
• Ability to read and write

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 Disqualifications of Candidates
Common to both national and local candidates (Section 12 of the
OEC)
• Grounds:
• Insane or Incompetent
• Convicted of Subversion, Insurrection, or Rebellion
• Sentenced to a penalty of at least 18 months of imprisonment
• Convicted of a Crime Involving Moral Turpitude
• Unless granted plenary pardon, or after 5 years after having served his sentence.

Term Limits

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Disqualification of Candidates (Local)

Section 40 of RA 7160
• Sentenced of a crime involving moral turpitude and of
imprisonment for more than on e year
• Removed from office by reason of an administrative case
• Convicted of violating oath to the Republic
• Dual Citizens
• Fugitive from Justice
• Permanent Resident in a foreign country
• Insane and feeble minded.
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 Remedies

Petition to Cancel of Deny Due Course a Certificate of Candidacy (Sec. 78, 74, OEC)
• Within 25 days after the filing of the COC sought to be cancelled

Petition for Disqualification (Sec. 12, OEC; Sec. 40, RA 7160)

• Anytime before proclamation.

Petition to Declare a Candidate, a Nuisance (Sec. 69, OEC; Sec. 5, RA 6646)

• Within 5 days from the filing of COCs.

Applicable Rules
• COMELEC Rules of Procedure; COMELEC Res. 9523

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 Statement of Ideology,
Circumstances of
Name of the Party Principles and Platform
establishment
of Government

National and Branch

Officers List of affiliated or
Principal and Branch

Political HQs •President/Chair, Secretary

General, Treasurer
associated
organizations

Parties Statement that the

The Petition
Manner of Raising Manifestation of Intent consent of the
Resources to Participate members were
obtained

to Register That it is not:

•Religious sect
•One that spouses violence and
Statement that it will unlawful means to achieve its
adhere to the goal Must be verified by the
Constitution, Laws and •Supported by, or one that President and Secretary
legal orders of duly accept, contribution from General
foreign government
constituted authorities •An adjunct or a project
organized, funded or assisted
by the government

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 • Constitution and By Laws
• Party Platform
• Declaration of Political Creed or Code of
Attachments Political Ethics
• List of all Officers and members
to the • Documentation on the Organization of the
Party, as well as on the Election of its Leaders
Petition • Sworn Proof of Existence in areas where the
organization is claiming representation.
• Resolution of the Members and of the
Governing Board Approving the Registration of
the Party and Designating the President and
the Secretary-General

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 The Registration Process
Filing Verification of the Notice of Hearing
• At the Clerk of the sufficient of the and Publication in 3
Commission petition and alleged newspaper general
• Payment of Filing Fee field presence circulation

Opposition Hearing Memorandum

Motion for
Reconsideration and Certificate of
Resolution
Petition before the Registration
Supreme Court
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Campaigns, Campaign Finance and Voter
Information

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Laws and Rules on Campaigning and Campaign
Finance
BP Blg. 881 (Secs. 79-112, except those repealed or modified by the Fair Elections Act)

Rep. Act No. 9006 (Fair Election Act)

Rep. Act No. 11207 (Discount on Media Ads)

Com. Res. 10730, 10748 (Implementing Rules of RA 9006)

Com. Res. 10732 (In Person Campaign Under the New Normal)

Com. Res 10763 (Independent Debates and Fora)

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 Election Campaigns

Election Campaign or Partisan Political Activity - an act designed to

promote the election or defeat of a particular candidate or candidates
to a public office. [Sec. 79 (b) OEC, as amended by Section 13 RA 9369]

Diocese of Bacolod v. Commission on Elections, G.R. No. 205728,

[Resolution on MR, July 5, 2016]:

• "This Court's Decision discussed that the tarpaulin consists of satire of political parties
that "primarily advocates a stand on a social issue; only secondarily — even almost
incidentally — will cause the election or non-election of a candidate. It is not election
propaganda as its messages are different from the usual declarative messages of
candidates.””

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 PARTISAN POLITICAL ACTIVITY OR
CAMPAIGNING
Lawful Election Propaganda under RA 9006
• Allowed on any medium
• Exhibition of Documentary on candidate’s life or portrayed by candidate not allowed
• Subject only to expense limits and truth in advertising
• Subject to regulations as to frequency and size
• Violation of the law and the IRR (Res. 10730)

Only during the Campaign Period (Sec. 80, OEC)

• Campaign period: 45 days before election for local candidates; 90 days before national
candidates
• No campaign on Maundy Thursday and Good Friday and the day before election day.
• Note however Sec. 15 of RA 8436, as amended by RA 9369, and Penera vs. COMELEC [GR.
No. 181613, Nov. 25, 2009]
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Display and Distribution of Campaign Materials

Posters, Streamers and other campaign materials [COMELEC Resolution 10730]

• Not bigger than 2’x3’ Posters

• Not bigger than 8”x14” Letters, Handbills, Stickers, Decals, etc.
• Not bigger than 3’x8’ streamers or banners but only to be displayed in rally sites not earlier than 5 days
and must be taken down within 24 hours after the event.
• Must contain the phrase ”Political Advertisement Paid for [name of candidate]” and “Political
Advertisement Paid by [name donor]”
• Allowable materials may only be displayed in Common Poster Areas and in private properties, with the
consent of the owners.
• Encourage to use environmentally friendly materials
• COMELEC may take down illegitimate campaign materials

Establishment of Headquarters

• Banners are not allowed

• No. of Headquarters are limited

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 IN-PERSON CAMPAIGNING

• Health Protocols must be followed

• Only 18 to 65
Rallies, • Observance of Minimum Public Health Standard under pain of
Caucuses, criminal prosecution (Sec. 28 Comelec Reso. 10732)
Meetings, • COMELEC Campaign Committees (CCCs) composed of COMELEC, DOH,
House-to- PNP, AFP, DILG
house, • At the city/municipal, provincial, regional, and national level
motorcade • Alert levels determine the extent of in-person restrictions
• In-person campaigns require prior approval from CCCs
• Reporting Requirements

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Print and Broadcast Media Advertisement
Print

• ¼ page for broadsheet

• ½ page for tabloid

Broadcast

• Television
• 120 minutes for national candidates
• 60 minutes for local candidate
• Radio
• 180 for national candidates
• 90 minutes for local candidates

Ads must be PWD friendly

Obligation of Media Personalities who are candidates or are supporting candidates to take leave during the campaign
period

Ads must contain phrase “Political Advertisement Paid for [name of candidate] or by [name of donor]

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 Online Media
Online Media considered as “Mass Media”

Registration of Social Media Account

Social Media account must be verified

Only social media account that are verified may display or exhibit political
advertisement
Online advertisement must identify that it is a paid political ad and that the
payors must be identifiable

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Campaigning…. Regulatory Requirements
Under RA 9006
“Political Advertisement Paid For ….” [by]

“Printed Free of Charge by……” or “Airtime for this Broadcast was provided by….”

Broadcast Logs and Certificate of Performance

Written Acceptance by Candidate of Contract Required

Contract of Advertisement to be submitted to COMELEC 5 days from signing.

Firms and Contractors to submit report to COMELEC 30 days before elections

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 COMELEC’s Role

Voter Information Sheet (RA 7904)

COMELEC Airtime and Space in Mass Media

• To be allocated equally for Candidates
• Voter Information

COMELEC Debates and conduct of Candidates Fora

“E-Rally”
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 Current Campaign Finance
Related Issues
Vote Buying and Vote Selling
Over-Spending in Election Campaigns
Premature Campaigning – “Epals”
Use of State Resources for Campaigning
Unknown Source of Campaign Funds
What to do with Excess Campaign Donation
No Compliance and Weak Enforcement
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 Prohibited Donation/Contribution
Those Financial institutions
from:
Public utilities and those exploiting any natural
resources of the nation
Those who hold contracts or sub-contracts to with
government

Those who have been granted franchises, or similar

privileges or concessions by the government

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 Prohibited Donation/Contribution

Those who, within one year prior to the date of the election, have
been granted loans in excess of P100,000 by the government

Educational institutions which have received grants of public funds

amounting to no less than P100,000.00
Civil Service (including PNP) and AFP

Foreigners and foreign corporations. [Sec. 95, 81, 96 OEC]

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Prohibited Donation/Contribution

CANDIDATES cannot solicit from the above

NO LIMIT ON DONATION
• No Limit on How Much can a Political Party Receive
• Excess Donation shall be considered Taxable Income
[BIR RR No. 7-2011; Section 4]

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 Election Expense

payment or delivery of money or anything of value

a contract, promise, or agreement to make an

expenditure

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.
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 Expenditure Limits [Sec. 13, RA 7166]
(per registered voter in a constituency)

Php 3.00 Php 5.00 Php 5.00 Php 10.00

• individual • individual • Political • Candidates

candidate candidate Parties for
supported not President
by political supported or Vice
party or President.
nominated
by political
party

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Items included in computing the expenses for
determining compliance with limits
[Section 100, 101, 102, OEC]

Expenditure in cash and in kind

Use of equipment, facilities and other paraphernalia

owned by candidate, and contributor, the value of
which would be assessed by the COMELEC.
Payor should withhold certain amount of taxes [BIR
Regulation No. 2-98, 8-2009]

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Items NOT included in the computation [Sec. 102, OEC]

Copying and classifying list of voters,

investigating and challenging right to
vote
Printing sample ballots.

Employment of counsel

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 Prohibited Expense
Vote Buying [Sec. 261[a] OEC]

Donation by Candidates during campaign period up to election

day, except tithes and habitual contributions to scholarships

Giving transportation, food or drinks or things of value during

during the five hours before and after a public meeting, day
before election, and on election the day of the election [Sec. 89,
OEC]
Bribery
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 Soliciting Donations
from Candidates – Prohibited!

For gifts, food, transportation, contribution or

donation in cash or in kind from the
commencement of the election period up to
and including election day. [Sec. 97, OEC]

“Vote Selling” is also punished. [Sec. 261 (b)

OEC]
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 Use of Public Funds/State Resources

for any election campaign – PROHIBITED - 45

days before up to 30 days after election
• Refers to Public Money
• Printing press, radio, or television station or audio-visual
equipment
• Equipment, vehicle, facility, apparatus, or paraphernalia

Usually committed by Incumbents

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Projects Requiring Release of Public Funds

PROHIBITED - 45 days before up to 30 days after

election on public works, except:
• Maintenance of existing and/or completed public work
projects;
• Works undertaken by contract through public bidding held,
or by negotiated contract awarded,45 days before election;
• Payment for procedures done preparatory to actual
construction and wages of watchmen;
• Emergency Works because of public calamity.
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Also, unlawful to release public funds
for the following [Sec. 261 (v) OEC]

Department of Social Welfare and

Development and the like, except for
salaries and routine expenses.
Housing agencies, except salaries and
administrative expenses.

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 Disclosure Requirements
Candidates to report itemized statement of contributions and
expenditures [Sec 14 RA 7166] in the EOs where they filed their certificates
of candidacy

Donors to report their donation [Secs 98, 99, OEC] in the Election Office
where the candidate they donated filed their certificate of candidacy

Contractors and Firms to report election expenses paid to them [Sec. 112
OEC]
Media entities to submit Contracts for Advertising to COMELEC within five
(5) days after its signing. [Sec 6.3 RA 9006]

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 Enforcement
COMELEC to examine all statements of contributions
and expenditures of candidates and political parties
to determine compliance [Sec 110 OEC]

COMELEC to Prosecute Criminal Offenses

COMELEC to Disqualify Candidates under Section 68

of the Omnibus Election Code
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VOTING, COUNTING AND CANVASSING
PROCESS

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LAWS OF VOTING COUNTING AND CANVASSING
• BP Blg. 881 (Sec. 152-240), and other amendments
• RA 8436, as amended by RA 9369
• RA 9189, 10590 (Overseas Voting)
• RA 10366 (Accessible Polling Place for PWD)
• Principal COMELEC Resolutions
– Res 10727 (GI for EB (BEI), FTS, and Voting and Counting and Transmission
of Results)
– Res 10731 (GI for BOC)
– Res 10725 (Local Absentee Voting)
– Res 10750, 10751, 10752 10753, and 10762 (GI for Overseas Voting and
Canvassing Processes)
– Res 10761, 10767, 10768 (Gis for PWD, IP, PDL voting)

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LAWS OF VOTING COUNTING AND CANVASSING
• COMELEC Resolutions
– Res 10695 (Election Calendar)
– Res 10712 (Source Code Review)
– Res 10712 and 10763 (Voting in 63 Barangays in BARMM)
– Res 10724 (Transfer of Voting Centers)
– Res 10738 (Random Manual Audit)
– Res 10757 (COMELEC Control)
– Res 10758 (Verification and Certification of List of Voters)
– Res 10759 (Contingency Procedures)
– Res 10761 (GI for Voting of PWDs, Senior Citizens, and Heavily
Pregnant Women)

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 54

Types of Automated Election System

• Paper-Based Election System [Sec. 2]
– “a type of automated election system that use paper ballots,
records and counts votes, tabulates, consolidates/canvasses and
transmits electronically the results of the vote count”
• Direct Recording Electronic System [Sec. 2]
– “a type or automated election system that uses electronic ballots,
records votes by means of a ballot display provided with mechanical
or electro-optical component that can be activated by the voter,
processes data by means of a computer programs, record voting
data and ballot images, and transmits voting results electronically”
 55

Choosing the AES

• Factors to consider in choosing a system
– Most suitable or appropriate technology [Sec. 1 and 5]
– Demonstrated capability [Secs. 1 and 10]
– “Situation in the area” [Sec. 1]
– Funding Availability [Sec. 1]
• Maybe same system for all provinces or different
system in different provinces
 56

Required Capability of the Chosen AES

(Section 7)
• Security against unauthorized access
• Accuracy in recording, reading, transmission and tabulation votes
• Error recovery
• Systems integrity
• Voter Verified Paper Audit Trail
– Bagumbayan-VNP vs. COMELEC, G.R. No. 222731, March 8, 2016
• Auditability
• An election management system
• Accessibility to illiterates and disable voters
• Vote tabulating program for election, referendum or plebiscite;
• Data retention provision
• Provide for the safekeeping, storing and archiving of physical or paper resource used in the
election process
• Provide the voter a system of verification to find out whether or not the machine has
registered his choice; and
 57

Other minimum requirements for the AES

• Secure transmission lines [Sec. 8]
• “Continuity” Plan or Back Up Plans [Sec. 11]
• Random Manual Audit [Sec. 24]
• Education of Stakeholders [Sec 27]
• Field Testing and Mock Elections [Sec. 9 and 12]
• Source Code Review [Sec. 12]
 58

Basic Features of the AES

• Ballots may be paper ballots or electronic ballots [Sec. 2]

• Official Ballots refer to paper ballots, whether printed or
generated by machines [Sec. 2]
– Surnames of Candidates arranged alphabetically [Sec. 13]
– Fixed space on the ballot for signing and/authentication by the
BEI Chair [Sec. 13]
– Printed either by the NPO or the BSP [Sec. 13]
– Must contain bar codes, holograms, etc as safeguards [Sec. 13]
 59

Basic Features of the AES

• Election Returns (ER) consist of printed and electronic
copies [Sec. 2]
• 30 printed copies of ERs allocated to designated recipients
• Each copy to be signed and thumb marked by BEI
members and watchers [Sec. 19]
– One copy to be posted near the polling place for 48 hours [Sec.
19]
• Electronic copy of ER must be electronically/digitally
signed by the BEI and is the official source of election
results being the one to be used for canvass and
proclamation of winner [Sec. 19]
 60

Basic Features of the AES

• Electronic transmission of results [Sec. 19]
– To the Board of Canvassers
– To the Dominant Majority and Minority Parties
– To the accredited Citizen’s Arm
– To the Kapisanan ng mga Broadkaster sa Pilipinas
• Canvassing at the Municipal, City, Provincial Level and at the
Comelec to be done by consolidating electronically
transmitted ERs and/or COCs [Sec. 20]
• Winning local candidates are to be proclaimed using
electronically transmitted ERs [Sec. 20]
 61

Basic Features of the AES

• Certificate of Canvass (COC) [Sec. 20]
– Printed and Electronic Form
– COC prepared by Municipal and City BOCs are to be printed
in 30 copies [Sec. 21]
– COC prepared for BOCs in Cities with one or more Districts
and in Provinces are to be printed in 14 copies [Sec. 21]
– COC to be electronically transmitted to higher canvassing
bodies
– Must be accompanied by Statement of Votes to be generated
by the consolidating machines [Section 20]
– Electronic Copy is the official election result, in the sense
that it is the one that will be canvassed by the higher
canvassing bodies
 62

Source Code….
• Human Readable Instructions on what the
machines will do
• Sec 12 - Once an AES technology is selected for
implementation the Commission shall promptly
make the source code of that technology available
and open to any interested political party or groups
which may conduct their own review thereof
 63

Continuity Plan
• Section 11- Continuity plan in case of a systems
breakdown
• Activation in the presence of representatives of political
parties and citizen's arm of the Commission
• All political parties and party-lists shall be furnished
copies of said continuity plan
• Publication in at least two newspaper of national of
circulation
• Posting at the website of the Commission at least fifteen
(15) days prior to the electoral activity concerned.
 64

Random Manual Audit

“Where the AES is used, there shall be a random manual audit in one
precinct per congressional district randomly chosen by the Commission
in each province and city. Any difference between the automated and
manual count will result in the determination of root cause and initiate
a manual count for those precincts affected by the computer or
procedural error.“
 65

“Manual Election” under RA 9369

• Reading of votes for national candidates before going to
local candidates [Section 32]
• Election Returns, 8 hand-prepared copies [Sec. 33], 30
printed copies [Sec. 32]
• Posting of the 8th copy for ER for National Candidates, 2nd
copy for the ER for Local Candidates [Sec. 33]
• 30 copies of ER are to be produced by a data capturing
device and printed by a printer at the polling place [Sec.
32]
• Transfer of Polling Place, when deemed necessary, must
be endorsed by majority of watchers [Sec. 35]
 66

Second Penal Provisions Common to Both “Manual” and

“Automated” Election
• Crime of Electoral Sabotage Defined [Sec. 42]
– For a national position, when it is made to appear by dagdag-
bawas, or failure to credit votes, that a loser is a winner
– Regardless of the position, when dagdag bawas is done in a
single document, and in transposing election results from one
document to the other, and it involves alteration of 5,000
votes or more
– In any case when the alteration involves 10,000 votes or more.
– Punishable by Life Imprisonment
• Jurisdiction to conduct preliminary investigation and
prosecution of election offenses, concurrent to both
COMELEC and other prosecutorial arm of government.
Vinzons-Chato vs. HRET, G.R. No. 199149, January 22, 2013

“…(T)he picture images of the ballots, as scanned and

recorded by the PCOS, are likewise "official ballots" that
faithfully captures in electronic form the votes cast by the
voter, as defined by Section 2 (3) of R.A. No. 9369. As such,
the printouts thereof are the functional equivalent of the
paper ballots filled out by the voters and, thus, may be used
for purposes of revision of votes in an electoral protest.”

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Maliksi v. Commission on Elections, G.R. No.
203302 , [April 11, 2013], 709 PHIL 265-306

“Despite the equal probative weight accorded to the official

ballots and the printouts of their picture images, the rules for
the revision of ballots adopted for their respective
proceedings still consider the official ballots to be the primary
or best evidence of the voters' will. In that regard, the picture
images of the ballots are to be used only when it is first shown
that the official ballots are lost or their integrity has been
compromised.”

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ELECTION COMPLAINTS AND DISPUTE
RESOLUTION

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 Laws on Election Complaints and Dispute
Resolution
• Laws
– BP Blg. 881 (Secs. 241-269)
– RA 6646 (On procedures for Petitions to Declare Candidates as
Nuisance, to Deny Due Course and Cancel Certificates of
Candidacies)
• Rules
– COMELEC Rules of Procedures and Amendments
• Res. 7808, 8804, 9386, 9523, 9576, 9636,10671, 10673, 10722, 10765,
and others
– PET, SET, HRET Rule
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 Nature of Election Disputes
• Disputes on Right to Vote
• Disputes on Candidacies and Registration of Political Parties
• Disputes on Campaigns
• Disputes involving management and conduct of elections
• Disputes on Election Day at the Polling Place
• Disputes on the Results of the Elections
• Disputes relating to Election Offenses

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 Right to Vote Disputes
• Before the Election Registration Boards
• Inclusion Proceedings before MTCs
• Exclusion Proceedings before MTCs
• Annulment of List of Voters before COMELEC
• Challenges and Objections before the Electoral Board as
Ground in Election Contests

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 Candidates and Political Parties
• “Disqualification” of Candidates
– Nuisance candidates
– Unqualified candidates/nominees
– Violation of Election Laws (Section 68 of OEC)
• Opposing registration of a Political Party or Party-List
• Coalitions and Mergers
• “Principal or Dominant Party” recognition
• Intra Party Disputes
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 Campaign
• Violation of Poster Requirements
• Violation of Media Ad Rules
• Petition for use of unclassified propaganda
• Incidence of Violence and Intimidation
• Disputes on Permits for Rallies

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Management and Conduct of Elections
• Accreditation of Citizen Arm
• Clustering of precincts and Transfer of Polling Place
• Disqualification of Election Officers
• Disqualification of members of BEI and BOCs
• Other complaints against Comelec employees and
Deputies
• Failure and Suspension of Elections

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Election Disputes at the Polling Place on
Election Day

• Challenges against a Voter’s Identity and Qualification

• Challenges against a Voter who committed illegal acts
• Objections on the procedure
• Objections and manifestations on the conduct of
elections
• Objections on Ballot Appreciation

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 Disputes on Results of the Election
• Pre-Proclamation Controversies
– Composition and Proceedings of the Board
– Authenticity and Integrity of the Election Returns and
Certificates of Canvass
– Votes on the ballots are not issues
• “Annulment of Proclamation”

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 Disputes on Results of the Election
• Election Contests or Election Protests
– Resolves the question as to who obtained the highest number
of valid votes
– Petitioner must allege that he obtained the highest number of
votes
– Precincts where anomalies happened must be specified
– Each Ballot must be contested

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 “Quo Warranto” Petition

• Post election remedy

• Issue is eligibility of candidate
• A successful Petition will not result in the
proclamation of the losing candidate
• Rules on Succession to fill post vacated by candidate
declared ineligible
– See however the case of Ty-Delgado vs. HRET [GR No.
219603]

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 Jurisdiction in Protest and
Quo Warranto Petition

• Barangay Positions
– MTCs or First Level Courts appealable to COMELEC
• Municipal Positions
– RTCs or Courts of General Jurisdiction appealable to COMELEC
• City and Provincial (and Regional) Positions
– COMELEC (Decision is Final)

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 Jurisdiction in Protest and
Quo Warranto Petition
• Representatives
– HRET (3 SC Justices and 6 Representatives)- Decision is Final
• Senators
– SET (3 SC Justices and 6 Senators) – Decision is Final
• President and Vice President
– PET (Supreme Court) – Decision is Final

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 Election Offenses
• Section 261, 262 of the Omnibus Election Code and
others
• Preliminary Investigation and Prosecution vested on
COMELEC and other prosecutorial arms of government
• Regional Trial Court has jurisdiction to try cases
• Generally, 1 to 6 years imprisonment without probation
plus disqualification from public office.

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IMPERATIVES OF LAW REFORM

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 IMPERATIVES OF LAW REFORM
• Current Election Legal Framework is Outdated
– It has become not sufficiently responsive to the modern
demands of genuine democratic elections
– Laws need to be codified to facilitate understanding not only of
election lawyers, but also of ordinary voters.

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Mabuhay po kayong lahat!

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