ELECTION

LAW
 Theory of popular sovereignty.

 Section 1, Article II of the Constitution says: "The

Philippines is a democratic and republican state.
Sovereignty resides in the people and all
government authority emanates from them."
 Suffrage is the right as well as obligation of
qualified citizens to vote in the election of certain
national and local officers of the government and
in the decision of public questions submitted to
the people.
Nature of suffrage.

 (1) Suffrage is not a natural right of the citizens but

merely a privilege.
 (2) The exercise of the right of suffrage is not
absolute;
 (3) Suffrage is a right because it is the expression
of the sovereign will of the people.
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Nature of suffrage.

 (4) The principle is that of one man, one vote.

 (5) Suffrage as a duty is in the nature of a public
trust and constitutes a voter a representative of
the whole people.
Scope of suffrage.

 (1) Election. — Strictly speaking, it is the means by

which the people choose, through the use of the
ballot, their officials for definite and fixed periods
and to whom they entrust, for the time being as
their representatives, the exercise of powers of
government
Scope of suffrage.

 (2) Plebiscite. — It is the name given to a vote of

the people expressing their choice for or against a
proposed law or enactment submitted to them.
Scope of suffrage.

 (3) Referendum. — It is the submission of a law

passed by the national or local legislative body to
the registered voters at an election called for the
purpose for their ratification or rejection
Scope of suffrage.

 (4) Initiative. — It is the process whereby the

registered voters directly propose, enact, or
amend laws, national or local, through an
election called for the purpose.
Scope of suffrage.

 (5) Recall. — It is a method by which a public

officer may be removed from office during his
tenure or before the expiration of his term by a
vote of the people after registration of a petition
signed by a required percentage of the qualified
voters
Constitutional provisions
on suffrage.
 “Art. V. Section 1. Suffrage may be
exercised by all citizens of the
Philippines not otherwise disqualified
by law, who are at least eighteen
years of age, and who shall have
resided22 in the Philippines for at least
one year and in the place wherein
they propose to vote for at least six
months immediately preceding the
election. No literacy, property, or
other substantive requirement shall be
imposed on the exercise of suffrage."
Constitutional provisions
on suffrage.
 "Section 2. The Congress shall provide a system for
securing the secrecy and sanctity of the ballots as
well as a system for absentee voting by qualified
Filipinos abroad.
Constitutional provisions
on suffrage.
 The Congress shall also design a procedure for the
disabled and the illiterate to vote without the
assistance of other persons. Until then, they shall
be allowed to vote under existing laws and such
rules as the Commission on Elections may
promulgate to protect the secrecy of the ballot."
 Note: R.A. No. 9189, otherwise known as "The
Overseas Absentee Voting Act of 2003," was
enacted on February 14, 2003.
THE COMMISSION ON
ELECTIONS
 Composition.

 The Commission on Elections is composed of a

Chairman and six (6) Commissioners
THE COMMISSION ON
ELECTIONS
 Qualifications of members. The Chairman and
Members of the Commission "shall be natural-born
citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age,
holders of a college degree, and must not have
been candidates for any elective position in the
immediately preceding elections.
THE COMMISSION ON
ELECTIONS
 However, a majority thereof, including the
Chairman, shall be members of the Philippine Bar
who have been engaged in the practice of law
for at least ten years
THE COMMISSION ON
ELECTIONS
 Appointment and terms of office of members. The
Chairman and the Commissioners are appointed
by the President with the consent of the
Commission on Appointments for a term of 7 years
without reappointment. Of the Commissioners first
appointed, 3 shall hold office for 7 years, 2 for 5
years, and the last members for 3 years, without
reappointment.
THE COMMISSION ON
ELECTIONS
 Disabilities of members.
 "No Member of a Constitutional Commission shall,
during his tenure, hold any other office or
employment. Neither shall he engage in the
practice of any profession or in the active
management or control of any business which in
any way may be affected by the functions of his
office,
THE COMMISSION ON
ELECTIONS
 nor shall he be financially interested, directly or
indirectly, in any contract with, or in any of its
subdivisions, agencies, or instrumentalities,
including government-owned or controlled
corporations or their subsidiaries."
THE COMMISSION ON
ELECTIONS
 "The Commission on Election shall exercise the
following powers and functions:
 (1) Enforce and administer all laws and
regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.
THE COMMISSION ON
ELECTIONS
 (2) Exercise exclusive original jurisdiction over all
contests relating to the elections, returns, and
qualifications of all elective regional, provincial,
and city officials, and appellate jurisdiction over
all contests involving elective municipal officials
decided by trial courts of general jurisdiction, or
involving elective barangay official decided by
trial courts of limited jurisdiction.
THE COMMISSION ON
ELECTIONS
 Decisions, final orders, or rulings of the Commission
on election contests involving elective municipal
and barangay offices shall be final, executory,
and not appealable. (
THE COMMISSION ON
ELECTIONS
 3) Decide, except those involving the right to
vote, all questions affecting elections, including
determination of the number and location of
polling places, appointment of election officials
and inspectors, and registration of voters.
THE COMMISSION ON
ELECTIONS
 (4) Deputize, with the concurrence of the
President, law enforcement agencies and
instrumentalities of the Government, including the
Armed Forces of the Philippines, for the exclusive
purpose of ensuring free, orderly, honest,
peaceful, and credible elections.
THE COMMISSION ON
ELECTIONS
 (5) Register, after sufficient publication, political
parties, organizations, or coalitions which, in
addition, to other requirements, must present their
platform or program of government; and accredit
citizens' arms of the Commission on Elections.
Religious denominations and sects shall not be
registered.
THE COMMISSION ON
ELECTIONS
 Those which seek to achieve their goals through
violence or unlawful means, or refuse to uphold
and adhere to this Constitution, or which are
supported by any foreign government shall
likewise be refused registration.
THE COMMISSION ON
ELECTIONS
 (6) File, upon a verified complaint, or on its own
initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where
appropriate, prosecute cases of violations of
election laws, including acts or omissions
constituting election frauds, offenses, and
malpractices.
THE COMMISSION ON
ELECTIONS
 (7) Recommend to the 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.
THE COMMISSION ON
ELECTIONS
 (8) Recommend to the President the removal of
any officer or employee it has deputized, or the
imposition of any other disciplinary action, for
violation or disregard of, or disobedience to its
directive, order, or decision.
THE COMMISSION ON
ELECTIONS
 (9) Submit to the President and the Congress a
comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or
recall
THE COMMISSION ON
ELECTIONS
 Other powers ---
 10. "The Commission may, during the election
period, supervise or regulate the enjoyment or
utilization of all franchises or permits for the
operation of transportation and other public
utilities, media of communication or information x
xx
THE COMMISSION ON
ELECTIONS
 11. "No pardon, amnesty, parole, or suspension of
sentence for violation of election laws, rules, and
regulations shall be granted by the President
without the favorable recommendation of the
Commission
Election and campaign
periods.
 "Unless otherwise fixed by the Commission in
special cases, the election period shall
commence ninety days before the election and
shall end thirty (30) days thereafter
ELECTION

 A. REGISTRATION
 Prohibitive period for registration. — "Section 8 of
R.A. No. 8189 which provides a system of
continuing registration, is explicit, to wit: 'SEC. 8.
System of Continuing Registration of Voters.
ELECTIONS

 — The personal filing of application of registration

of voters shall be conducted daily in the office of
the Election Officer during regular office hours. No
registration shall, however, be conducted during
the period starting one hundred twenty (120) days
before a regular election and ninety (90) days
before a special election.'
ELECTIONS

 Likewise, Section 35 of R.A. No. 8189, which,

among others, speaks of a prohibitive period
within which to file a sworn petition for the
exclusion of voters from the permanent voter's list,
provides: 'xxx SEC. 35. Petition for Exclusion of
Voters from the List — Any registered voter,
representative of a political party xxx may file x x x
except one hundred (100) days prior to a regular
election.'
 (1) Election Registration Board. — There shall be in
each city and municipality as many as Election
Registration Boards as there are election officers
therein to act on all applications for registration in
thickly populated cities/municipalities. The
Commission may appoint additional election
officers for such duration as may be necessary.
 (a) The Board shall be composed of the Election
Officer as chairman and as members, the public
school official most senior in rank and the local
civil registrar or in his absence, the city or
municipal treasurer. The Election Officer is the
highest official or authorized representative of the
Commission in a city or municipality.
 Notice and hearing of applications. — Upon
receipt of applications for registration, the
Election Officer shall set them for hearing:
 (a) Notice of hearing shall be posted in the city or
municipal bulletin board and in his office for at
least one (1) week before the hearing, and furnish
copies thereof to the applicant concerned, the
heads or representatives of political parties, and
other accredited groups or organizations which
actively participate in the electoral process in the
city or municipality..
 On the date of the hearing, the Election Officer
shall receive such evidence for or against the
applicant
 Approval and disapproval of application. — The
Election Officer shall submit to the Board all
applications for registration filed, together with the
evidence received in connection therewith.
 (a) The Board shall, by majority vote, approve or
disapprove the applications.
 (b) Upon approval, the Election Officer shall
assign a voter's identification number and issue
the corresponding identification card to the
registered voter.
 (c) If the Board disapproves the application, the
applicant shall be furnished with a certificate of
disapproval stating the ground therefor.
 (d) In cases of approval or disapproval, any
aggrieved party may file a petition for exclusion
or inclusion, as the case may be, with the proper
Municipal or Metropolitan Trial Court
 Voter's identification card. — The voter's
identification card (VIC) issued to the registered
voter shall serve as a document for his
identification. In case of loss or destruction, no
copy thereof may be issued except to the
registered voter himself and only upon the
authority of the Commission
 Voter's identification number. — The Commission
shall assign every registered voter a voter's
identification number (VIN) consisting of three
parts, each separated by a dash. For example:

 7501-0019A-C1451BCD.
Deactivation of
registration
 (1) The Election Registration Board shall
deactivate the registration and remove the
registration records of the following persons from
the corresponding precinct book of voters and
place the same, properly marked and dated in
indelible ink, in the inactive file after entering the
cause or causes of deactivation:
 (a) Any person who has been sentenced by final
judgment to suffer imprisonment for not less than
one (1) year, such disability not having been
removed by plenary pardon or amnesty. Any
such person disqualified to vote shall
automatically reacquire the right to vote upon
expiration of five (5) years after service of
sentence as certified by the clerks of courts of the
MTC/RTC/Sandiganbayan
 (b) Any person who has been adjudged by final
judgment by a competent court or tribunal of
having caused / committed any crime involving
disloyalty to the duly constituted government
such as rebellion, unless restored to his full civil and
political rights in accordance with law. He shall
regain his right to vote automatically upon
expiration of five (5) years after service of
sentence;
 (c) Any person declared by competent authority
to be insane or incompetent unless such
disqualification has been subsequently removed
by a declaration of a proper authority that such
person is no longer insane or incompetent;
 (d) Any person who did not vote in the two (2)
successive preceding regular elections as shown
by his voting records. For this purpose, regular
elections do not include the Sangguniang
Kabataan (SK) elections;
 (e) Any person whose registration has been
ordered excluded by the court; and
 (f) Any person who has lost his Filipino citizenship.
Qualifications of a voter

 (1) Citizenship. — It may be by birth or

naturalization.
 (2) Age. — A person may be registered as a voter
although he is less than 18 years at the time of
registration if he wdll be at least 18 at the time of
the election.
 (3) Residence. — The term "residence," as used in
the election law, imports not only an intention to
reside in a fixed place but also personal presence
in that place coupled with conduct indicative of
such intention. It is to be understood not in its
common acceptation as referring to "dwelling" or
"habitation" but rather to "domicile" or legal
residence
Election precincts

 The basic unit of territory established by the

Commission on Elections for the purpose of voting
is the election precinct
 Arrangement. — Every barangay shall have at
least one (1) precinct. Each precinct, shall have
no more than 200 voters and shall comprise
contiguous and compact territories
 Note: In view of the automated elections held on
May 10, 2010, the Commission had to cluster the
precincts to only about 76,000, each having
around 1,000 voters. In past elections there were
more than 200,000 precincts nationwide, each
with a maximum of 200 voters.
Polling places

 A polling place refers to the building or place

where the board of election inspectors conducts
its proceedings and where the voters cast their
votes.
 Voting center, on the other hand, refers to the
building or place where the polling place is
located.
Certificates of Candidacy

 The term candidate refers to any person aspiring

for or seeking an elective public office, who has
filed a certificate or candidacy by himself or
through an accredited political party,
aggroupment, or coalition of parties
 A certificate of candidacy is in the nature of a
formal manifestation to the whole world of the
candidate's political creed or lack of political
creed.
 It is a statement of a person seeking to run for a
public office certifying that he announces his
candidacy for the office mentioned and that he
is eligible for the office, the name of the political
party to which he belongs, if he belongs to any,
and his post-office address for all election
purposes being as well stated
Filing of certificate of
candidacy
 (1) Certificate for one (1) office only.
 (2) Stray vote
 (3) Ministerial duty/jurisdiction of Commission
 (4) Requirement absolutely mandatory
 shall be filed in five (5) legible copies with the
offices of the Commission specified below not
later than the day before the date legally fixed for
the beginning of his campaign period.
 Any person holding a public appointive office or
position, including active members of the Armed
Forces of the Philippines, and officers and
employees in government-owned or controlled
corporations, shall be considered ipso facto
resigned from his office upon the filing of his
certificate of candidacy
In case of death,
disqualification
 If after the last day for the filing of certificates of
candidacy, an official candidate of registered or
accredited political party dies, withdraws or is
disqualified for any cause, only a person
belonging to, and certified by, the same political
party may file a certificate of candidacy to
replace the candidate who died, withdrew, or
was disqualified.
 (1) The substitute candidate nominated by the
political party concerned may file his certificate
of candidacy for the office affected not later
than mid-day of the day of the election.
 (2) If the death, withdrawal, or disqualification
should occur between the day before the
election and mid-day of election day, said
certificate may be filed with any board of
election inspectors in the political subdivision
where he is a candidate, or, in the case of
candidates to be voted for the entire electorate
of the country, with the Commission on Elections
 A verified petition seeking to deny due course to
or cancel a certificate of candidacy (not to
disqualify a candidate) may be filed by any
person exclusively on the ground that any
material representation contained therein as
required under Section 74 (Contents of Certificate
of Candidacy) is false.
 Grounds. —
 (a) if it is shown that said certificate has been filed
to put the election process in mockery or
disrepute; or
 (b) if said certificate was filed to cause confusion
among the voters by the similarity of the names of
the registered candidate; or
 (c) if there are other circumstances or acts which
clearly demonstrate that the candidate has no
bona fide intention to run for the office for which
the certificate of candidacy has been filed and
thus prevent a faithful determination of the true
will of the electorate
ELECTION CAMPAIGN
AND EXPENDITURES
 The term election campaign or partisan political
activity refers to an act designed to promote the
election or defeat of a particular candidate or
candidates to a public office.
 It includes forming organizations or groups of
persons, holding political caucuses, meetings,
rallies or other similar assemblies, making
speeches, announcements, or commentaries, or
holding interviews, and publishing or distributing
campaign literature or materials for the purposes
of, directly or indirectly, soliciting votes, pledges or
support for or against any candidate,
 and/or undertaking any campaign or
propaganda to support or oppose the election of
any candidate. 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.’
Electoral Contributions
and Expenditures
 As used in the Omnibus Election Code, the term
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 illegally
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 die rates prevailing in the area
 The term expenditure includes the payment or
delivery of money or anything of value, or a
contract, promise or agreement to make an
expenditure, for the purpose of influencing the
results to 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 upon expenses

 (1) For candidates. — Ten pesos (P10.00) for

President and VicePresident; and for other
candidates, Three pesos (P3.00) for every voter
currently registered in the constituency where he
filed his certificate of candidacy. A candidate
without any political party and without support
from any political party may be allowed to spend
Five Pesos (P5.00) for every such voter; and
 (2) For political parties. — P5.00 for every voter
currently registered in the constituency or
constituencies where it has official candidates.
Any contribution in cash or in kind to any
candidate or political party or coalition of parties
for campaign purposes, duly reported to the
Commission, shall not be subject to the payment
of any gift tax
 — Every candidate32 and treasurer of a political
party shall, within thirty (30) days after the day of
the election, file in duplicate with the offices of
the Commission, full, true and itemized statements
of all contributions and expenditures in
connection with the election.
Political Parties

 Political party or party, when used in the Omnibus

Election Code, means an organized group of
persons pursuing the same ideology, political
ideas or platforms of government and includes its
branches and divisions.
 This requires that the group be joined in a party
corporate, articulate with the attributes of social
personality, set of by-laws, rules, or charter, or
agreement as to how the group shall function, be
presided over, and express its collective will.
The party-list system.

 Section 5(1) of Article VI of the Constitution

provides: "The House of Representatives shall be
composed of not more than two hundred and
fifty members, unless otherwise fixed by law, who
shall be elected from legislative districts
apportioned among the provinces, cities, and the
Metropolitan Manila area in accordance with the
number of their respective inhabitants, and --
 -- on the basis of a uniform and progressive ratio,
and those who, as provided by law, shall be
elected through a party-list system of registered
national, regional, and sectoral parties or
organizations."
Under R.A. No. 7941

 (a) The party-list system, is a mechanism of

proportional representation in the election of
representatives to the House of Representative
from national, regional, and sectoral parties,
organizations and coalitions thereof registered
with the Commission on Elections. --
 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
 Number of party-list representatives. — The party-
list representatives shall constitute 20% of the total
number of the members of the House of
Representatives including those under the party-
list.
 In determining the allocation of seats for the
second vote, the following procedures shall be
observed: (a) 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; and
 (b) The parties, organizations, and coalitions
receiving at least 2% of the total votes cast for the
party-list system shall be entitled to one seat.
Those garnering more than 2% of the votes shall
be entitled to additional seats in proportion to
their total number of vote. However, each party,
organization, or coalition shall be entitled to not
more than three (3) seats
Guidelines for screening
party-list participants
 First, the political party, sector, organization or
coalition must represent the marginalized and
underrepresented groups identified in Section 5 of
R.A. No. 7941. xxx
 Second, while even major political parties are
expressly allowed by R.A. No. 7941 and the
Constitution to participate in the party-list system,
they must comply with the declared statutory
policy of enabling 'Filipino citizens belonging to
marginalized and underrepresented sectors x x x
to be elected to the House of Representatives.'
xxx
 Third, in view of the objections directed against
the registration of Ang Buhay Hayaang
Yumabong, which is allegedly a religious group,
the Court notes the express constitutional
provision that the religious sector may not be
represented in the party-list system, x x x
 Fourth, a party or an organization must not be
disqualified under Section 6 of R.A. No. 7941,
which enumerates the grounds for
disqualifications, xxx
 Fifth, the party or organization must not be an
adjunct of, or a project organized or an entity
funded or assisted by, the government. By the
very nature of the party-list system, the party or
organization must be a group of citizens,
organized by citizens and operated by citizens. It
must be independent of the government, xxx
 Sixth, the party must not only comply with the
requirements of the law; its nominees must likewise
do so. x x x
 Seventh, not only the candidate party or
organization must represent marginalized and
underrepresented sectors; so also must its
nominees. To repeat, under Section 2 of R.A. No.
7941, the nominees must be Filipino citizens 'who
belong to marginalized and underrepresented
sectors, organizations and parties.' xxx
 Eighth, as previously discussed, while lacking a
well-defined political constituency, the nominee
must likewise be able to contribute to the
formulation and enactment of appropriate
legislation that will benefit the nation as a whole, x
x x" (Ang Bagong Bayani-OFW Labor Party, et al.
v. Commission on Elections, 359 SCRA 698 [20017;
Ibid., 416 SCRA 304 [2003].)
ELECTION

 An election is the embodiment of the popular will,

the expression of the sovereign will of the people
in the choice or selection of candidates to public
office for definite and fixed periods or in deciding
some question of public interest.
 Specifically, the term, may refer to the conduct of
the polls including the listing of voter, the holding
of the electoral campaign, and the casting and
counting of the votes. It involves every element
necessary to the complete ascertainment of the
expression of the popular will from the deposit of
the ballot by the voter up to the final certification
of the result
Kinds of election

 (1) A general election is one provided for by law

for the election to offices throughout the State, or
certain subdivisions thereof, after the expiration of
the full term of former officers. (2) A regular
election is an election, national or local, held at
regular intervals on such dates provided by law;
and
 (3) A special election is one provided for by law
under special circumstances. It may refer to an
election not regularly held to fill vacancy in 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.3 It also refers to an
election held when there is a failure of election
Construction of election
laws
 (1) The laws for the conduct of elections,
including the rules and regulations promulgated
pursuant thereto, are mandatory before the
election
 (2) When it is sought to enforce them after the
election, they are held to be directory only, if that
is possible, especially where, if they are held to be
mandatory, innocent voters will be deprived of
their votes without any fault on their part.
 (3) When the voters have honestly cast their
ballots, the same should not be nullified because
the officers entrusted under the law to direct the
election and guard the purity of the ballot have
not done their duty
 (4) When the election law declares that a certain
irregularity in an election procedure is fatal to the
validity of the ballot or of the returns, or when the
purpose and spirit of the law would be plainly
defeated by a substantial departure from the
prescribed procedure, the provision is mandatory.
 (5) When it is not so provided, and such departure
has been due to an honest mistake or
misinterpretation of the election law on the part
of him who was obligated to observe it, the law
will be held directory and the departure will be
considered a harmless irregularity.
 (6) As a general rule, statutes providing for
election contests are to be liberally construed to
the end that the will of the people in the choice
of public officers may not be defeated by mere
technical objections. An election contest, unlike
an ordinary action, is imbued with public interest.8
Date of election under
the law.
 There shall be simultaneous regular elections for
national and local officials once every three (3)
years (from 2nd Monday May, 1992). The President
and Vice-President shall be elected on the same
day every six (6) years; while 12 Senators, elective
Members of the House of Representatives and all
elective provincial, city, and municipal official
shall be elected on the same day every three (3)
years
 The barangay elections were held on March
28,1989. Barangay Officials served a term which
began on the first day of May 1989 and ending
on the 31st day of May 1994. "There shall be held
a regular election of barangay officials on the
second Monday of May 1994 and on the same
day every five (5) years thereafter.
 Their term shall be for five (5) years which shall
began on the first day of June following the
election and until their successors shall have been
elected and qualified
Postponement of election

 Grounds. — When for any serious cause such as

violence, terrorism, loss or destruction of election
paraphernalia or records, force majeure, and
other analogous causes of such a nature that the
holding of a free, orderly and honest election
should become impossible in any political
subdivision, ---.
 the Commission on Elections, motu proprio or
upon a verified petition by any interested party,
and after due notice and hearing, whereby all
interested parties are afforded equal opportunity
to be heard, shall postpone the election therein
Failure of election.

 A petition to declare a failure of elections is a

special action. It is neither a pre-proclamation
controversy as classified under Section 5(h), Rule 1
of the Revised COMELEC Rules of Procedure nor
an election case. It is the COMELEC sitting en
banc that is vested with exclusive jurisdiction to
declare a failure of election.
Three (3) instances when
failure of election may be
declared
 If, on account of force majeure, violence,
terrorism, fraud, or other analogous causes: (a) No
election is held; or
(b) Election is suspended.; or
(c) Election is held. — but such election results in
a failure to elect on account of force majeure,
violence, terrorism, fraud or other analogous
causes.
Official watchers.

 Every registered political party or coalition of

political parties, and every candidate shall each
be entitled to one watcher in every polling place
and canvassing center. Candidates for the
Sangguniang Panlalawigan, Sangguniang
Panlungsod, or Sangguniang Bayan belonging to
the same slate or ticket shall collectively be
entitled to only one watcher.
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.
Counting of Votes

 Board of Election Inspectors

 Each precinct shall be composed of a chairman
and a two (2) members, one of whom shall be
designated as poll clerk, all of whom must be
public school teachers, giving preference to
those with permanent appointments.
 In case there are not enough public school
teachers, 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 may be
appointed for election duty.
Powers of the board

 (1) Conduct the voting and counting of votes in

their respective polling places;
 (2) Act as deputies of the Commission on Elections
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; and
 (3) Perform such other functions x x x
MARKED BALLOTS

 — It is a well- settled rule in election contests that

the marks which shall be considered sufficient to
invalidate the ballot are those which the voter
himself deliberately placed on his ballot for the
purpose of identifying it thereafter
Counting of ballots

 Procedure
 Appreciating ballots
Election Return

 The board of election inspectors shall prepare in

handwriting the election returns112 in their
respective polling place, in the number of copies
provided and in the form to be prescribed and
provided by the Commission.
 Announcement of results of elections and
issuance of certificate of votes
 Upon the completion of the election returns, the
chairman of the board of election inspectors shall
orally and publicly announce the total number of
votes received in the election in the polling place
by each and every one of the candidates, stating
their corresponding office
Canvass and
Proclamation
 (1) Provincial Board of Canvassers. — The
provincial board of canvassers shall be
composed of the provincial election supervisor or
a lawyer in the regional office of the Commission
on Elections, as chairman, the provincial fiscal, as
vice-chairman, and the provincial superintendent
of schools, as member.
 (2) City Board of Canvassers. — The city board of
canvassers shall be composed on the city
election registrar or a lawyer of the Commission,
as chairman, the city fiscal, as vice-chairman,
and the city superintendent of schools, as
member. In cities and more than one election
registrar, the Commission shall designate the
election registrar who shall act as chairman.
 (3) Municipal Board of Canvassers. — The
municipal board of canvassers shall be
composed of the election registrar or a
representative of the Commission, as chairman,
the municipal treasurer, as vice-chairman, and
the most senior district school supervisor or in his
absence a principal of the school district or the
elementary school, as member.
 All the votes cast in the election must be counted
and all the returns presented to the board must
be considered as the disregard of some returns
would in effect disenfranchise the voters affected.
A canvass cannot be reflective of the true vote of
the electorate unless all the returns are
considered
 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. A certificate of canvass and
proclamation bearing only one valid signature is
void
 Note: In the May 10,2010 automated elections,
Precinct Count Optical Scan (PCOS) machines
were used from vote counting to election results
canvassing. After automatically counting the
votes, the PCOS electronically transmitted the
results to the canvassing centers.
Number of copies of
Certificates of Canvass and
their distribution.
 The certificates of canvass for President, Vice-
President, senators, members of the House of
Representatives and elective provincial officials
shall be prepared in seven (7) copies174 by the
city or municipal board of canvassers and
together with the 30 certified print copies for
national positions, distributed as provided in
Section 29 of R.A. No. 7166
 Congress as the National Board of Canvassers for
President and Vice-President.
AUTOMATED ELECTION SYSTEM
 Automated election system, hereinafter to as AES
— a system using appropriate technology which
has been demonstrated in the voting, counting,
consolidating, canvassing, and transmission of
election result, and other electoral process
CONTESTED ELECTIONS
PRE-PROCLAMATION
CONTROVERSY
 A pre-proclamation controversy refers, as defined
in the Omnibus Election Code, to "any question or
matter pertaining to or affecting the proceedings
of the board of canvassers which may be raised
by any candidate or by any registered political
party or coalition of political parties before the
board or directly with the Commission on
Elections, or ---
 any matter raised under Sections 233, 234, 235,
and 236 in relation to the preparation,
transmission, receipt, custody and appreciation of
the election returns' and election and certificate
of canvass.
 It is properly limited to challenges directed against
the board of canvassers and proceedings before
said board relating to particular election returns to
which specific verbal objections subsequently
reduced to writing should be made.
 It should refer to an election controversy raised
before proclamation. After proclamation, the
controversy becomes an "election contest
 The Commission on Elections shall have exclusive
jurisdiction over all pre-proclamation controversies
involving local elective officials.,
 As an exception, pre-proclamation cases are not
allowed under Section 15s of R.A. No. 7166 in
elections for President, Vice- President, Senator
and member of the House of Representatives on
matters relating to the preparation, transmission,
receipt, custody and appreciation of election
returns or the certificate of canvass
Issues that may be raised.

 (1) Illegal composition or proceeding of the board

of canvassers;
 (2) The canvassed election returns are
incomplete, contain material defects, appear to
be tampered with or falsified, or contain
discrepancies in the same returns or in other
authentic copies thereof as mentioned in Sections
233, 234, 235, and 236 of the Omnibus Election
Code;
 (3) The election returns were prepared under
duress, threats, coercion, or intimidation, or they
are obviously manufactured or not authentic; and
 (4) When substitute or fraudulent returns in
controverted polling places were canvassed, the
results of which materially affected the standing
of the aggrieved candidate or candidates
 General rule. — In a pre-proclamation
controversy, it is axiomatic that the Commission is
not to look beyond or behind election returns
which are on their face regular and authentic
returns and investigate alleged election
irregularities.
 Exception. — The principle does not apply where
there is prima facie showing that the return is not
genuine. Where, however, election returns,
though genuine or authentic in character are
reflective of fraudulent acts done before or
carried out by the BEI, the returns should be
deemed as "obviously manufactured," which may
be properly raised in a pre-proclamation
controversy.
 Section 248 of the Omnibus Election Code, reads:
''Effect of filing petition to annul or to suspend the
proclamation. — The filing with the Commission
[on Elections] of a petition to annul or to suspend
the proclamation of any candidate shall suspend
the running of the period within which to file an
election protest or quo warranto proceedings."
Remedy after winning
candidate has been
proclaimed.
 (1) Electoral protest before the proper forum

 (2) When proclaimed candidate may still be

unseated
(a) When his opponent is adjudged the true
winner of the election by a final judgment of a
court in the election contest; (b) When the
prevailing party is declared illegible or disqualified
by final judgment of a court in a quo warranto
case
 (c) When the incumbent is removed from office
for cause; or
(d) When the proclamation is null and void for in
such case the proclamation is no proclamation at
all and the proclaimed candidate's assumption of
office cannot deprive the Commission on
Elections of the power to make such declaration
of nullity
Institution of election
contest.
 An election contest consists of either an election
protest or a quo warranto which, although two
distinct remedies, would have one objective in
view, i.e., to dislodge the winning candidate from
office
Jurisdiction over election
contests
 Local officials.—The Commission on Elections
exercises (a) exclusive jurisdiction over all the
contests relating to the elections, returns, and
qualifications of all elective regional, provincial,
and city officials, and (b) appellate jurisdiction
over all contests involving elective municipal and
barangay officials decided by trial courts
 Municipal and barangay officials. — Regional Trial
Courts and Municipal Trial Courts exercise
exclusive original jurisdiction over election
contests involving municipal and barangay
officials, respectively
 (3) Members of Congress – HRET/SET
 (4) President or Vice-President. — The PET, shall be
the sole judge of all contests relating to the
election, returns, and disqualifications of the
President or Vice- President, and may promulgate
its rules for the purpose
Effect of ineligibility or death
of candidate receiving
majority of votes.
 (1) English rule. — If the ineligibility of the
candidate receiving the highest number of votes
was known to the voters, or if the fact were so
notorious that they must be presumed to have
known of it, the votes cast for him must be
regarded as of no avail and are not to be
counted, and hence, the eligible candidate
having the next highest number of votes must be
deemed to be elected.
 (2) In the United States. — Though the candidate
receiving the highest number of votes may,
because of his ineligibility, failed in the election,
yet the votes cast for him are so far effectual as to
prevent the election of other candidates, and
there is no election at all.
 In a leading case in New York, it was held that the
knowledge, on the part of the voters, of the
ineligibility of the leading candidate might be
such as to indicate an intention on their part to
throw away their votes
 (3) In our jurisdiction.—The fact that a plurality or a
majority of the votes are cast for an ineligible
candidate at a popular election, or a candidate
is later declared to be disqualified to hold office,
does not entitle the candidate who garnered the
second highest number of votes to be declared
elected but merely results in making the election
a nullity
ELECTION OFFENSES
Criminal and electoral
aspects of an election
offense
 (1) Its criminal aspect involves the ascertainment
of the guilt or innocence of the accused
candidate like in any other criminal case, it usually
entails a full-blown hearing and the quantum of
proof required to secure a conviction beyond
reasonable doubt.
 (2) Its electoral aspect, on the other hand, is a
determination of whether the offender should be
disqualified from office. This is done through an
administrative proceeding which is summary in
character and requires only a clear
preponderance of evidence.
Prohibited acts and election
offenses under the Omnibus
Election Code.
 (1) vote-buying and vote-selling;
 (2) conspiracy to bribe voters;
 (3) wagering upon result of elections;
 (4) coercion of subordinates to vote for or against
any candidate;
 (5) threats, intimidation, terrorism, use of
fraudulent device or other forms of coercion;
 (6) coercion of election officials and employees;
 (7) appointment of new employees, creation of
new positions, promotion, or giving salary
increases within the election period;
 (8) transfer of officers and employees in the civil
service within the election period;
 (9) intervening of public officers and employees in
the civil service in any partisan political activity;
 (10) use of undue influence;
 (11) unlawful electioneering;
 (12) dismissal of employees, laborers or tenants for
refusing or failing to vote for any candidate;
 (13) appointment or use of special policemen,
special agents or the like during campaign
period;
 (14) illegal release of prisoners before and after
election;
 (15) use of public funds for an election campaign;
 (16) carrying deadly weapons within the
prohibited area;
 (17) carrying firearms outside residence or place
of business;
 (18) use of armored land vehicle, water or aircraft
during the campaign period;
 (19) wearing of uniforms and bearing arms outside
the immediate vicinity of one's place of work;
 (20) acting as bodyguards or security in the case
of policemen and provincial guards during the
campaign period;
 (21) organization or maintenance of reaction
forces, strike forces, or other similar forces during
the election period;
 (22) release, disbursement or expenditure of
public funds during the prohibited period;
 (23) construction of public works, etc. during the
prohibited period;
 (24) suspension of elective local official during the
election period without prior approval of the
Commission on Elections; and
 (25) others,
OTHER OFFENSES

 Prohibitions relating to registration of voters.

 Prohibitions relating to voting
 Prohibitions relating to canvassing
 Prohibitions common to all boards of election
inspectors or boards of canvassers.
 Prohibitions relating to candidacy and campaign.
Other prohibitions.

 (1) Selling, etc., intoxicating liquors;

 (2) Opening booths or stalls w/in 30m from polling
place
 (3) Holding fairs, cockfights, etc.
 (4) Refusal to carry election mail, and
 (5) Discrimination in the sale of air time. — .
OTHER ELECTION
OFFENSES
 Under the Electoral Reforms Law of 1987
 Under the Synchronized National and Local
Elections Law
 Under the Voter’s Registration Act of 1996.
 Under the Automated Election System Act.
 Under the Absentee Voting Act of 2003
Investigation and
prosecution.
 Commission on Elections/Department of Justice
 Election offenses shall prescribe after five (5) years
from the date of their commission.