1 ATENEO ELECTION LAW 2008
only upon the fulfillment of certain minimum conditions.
GENERAL PRINCIPLES Scope of suffrage Sources of Philippine election law Suffrage encompasses the following: The election laws of the Philippines are contained in the following: • • •
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1987 Constitution BP 881 (Omnibus Election Code) RA 6646 6646 (Elect (Electora orall Refor Reforms ms Law of 1987) RA 6679 (Barangay Elections) RA 6735 (Law Providing for Initiative and Referendum) RA 7166 (1991 Synchronized Elections Law) RA 7941 7941 (Ele (Elec ction tion of Par Party-L ty-Lis istt Representatives) RA 8189 (Continuing Registration) RA 8436 (Automated Election System) RA 8524 RA 9006 (Fair Election Act of 2001)
THEORY OF POPULAR SOVEREIGNTY Art. II, Sec. 1 1987 Constitution: The Philippines is a demo democr crat atic ic and and repu republ blic ican an state. Sovereignty resides in the people and all government auth autho ority ity emana manate tes s from from them. A democratic and republican government derives all its powers, directly or indirectly, from the people at large. Its essence is indirect rule. Actual sovereignty sovereignty is exercised by the people by means of suffrage.
(1) Election Election is the means by which the people choose their officials for definite periods and to whom they entrust, for the time being as their repres represent entati atives ves,, the exerc exercise ise of power powers s of gover overn nment ment.. It inv involves lves the the choic hoice e of candidates to public office by popular vote. a. Regu Regula larr elec electi tion on – refe refers rs to an elec electi tion on partic participa ipated ted in by those those who possess the right of suffrage and not disqua disqualifi lified ed by law and who are registered voters b. Special election – when there is failure of election on the scheduled date of regular election in a part articul icular ar plac place e or which is conducted to fill up certain certain vacancies vacancies,, as provided by law (ex. To fill fill in vaca vacanc ncy y in offic office e before before the expir expirati ation on of the term for which incumbent was elected) (2) Plebiscite Plebiscite is the submission of constitutional amendments or important legislative measures to the people for ratification. (3) Referendum Referendum is the power of the electorate to appro approve ve or rejec rejectt legisla legislatio tion n throug through h an election called called for the purpose. purpose. (Sec. 2c, R.A. 6735) It may be of 2 classes, namely:
Suffrage defined (a)
Referendum Referendum on statutes, statutes, which refers to a petition to approve or reject an act or law, law, or part part ther thereo eof, f, pass passed ed by Congress; and
(b)
Referendum on local law which refers to a petition to approve or reject a law, reso resolu luti tion on or ordi ordina nanc nce e enac enacte ted d by regional assemblies and local legislative bodies
Suffrage is the right and obligation of qualified citizens to vote: (1) in the election of certain national and local officials, and (2) in the decision of public questions submitted to the people. It is a polit politic ical al righ rightt which which enab enables les every citizen to participate in the process of government to assure that it derives it powers from the consent consent of the governed. It operates on the principle of "one man (or one woman) , one vote." Suffrage is not a natural right but a privilege which may be given or withheld by the lawmaking power subject to constitutional limi limita tati tion ons s. It is not not nec necess essaril arily y an accomp acc ompani animen mentt of citize citizensh nship; ip; it is grant granted ed
(4) Initiative Init Initia iativ tive e is the the powe powerr of the the peop people le to propose amendments to the Constitution or to propose and enact legislation through an election election called called for for the purpose. purpose. (Sec. 2a, R.A. R.A. 6735 6735)) Ther There e are are 3 syst system ems s of initiative, namely: (a) Init Initia iativ tive e
on
the the
Cons Consti titu tuti tion on
2 which refers to a petition propo proposin sing g amendm amendment ents s to the Constitution;
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(b) Init Initia iati tive ve on stat statut utes es,, whic which h refers to a petition proposing to enact a national legislation;
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(c) Init Initia iati tive ve on loca locall legi legisl slat atio ion n which refers to a petition propo proposin sing g to enact enact a region regional, al, prov provin inci cial al,, city city,, muni munici cipa pall or bara aranga ngay law law, reso esoluti lution on or ordinance
Note that in the case of Santiago v. Supreme me Court Court held held COMELEC, the Supre that that ther there e is no law law yet that that is suff suffic icie ient nt enou enough gh for for prop propos osin ing g amen amendm dmen ents ts to the the Cons Constit titut utio ion. n. R.A. 6735 was deemed sufficient for stat statut utor ory y amen amendm dmen ents ts but but not not Constitutional amendments.
What What are the subst substan antiv tive e requi requirem rement ents s for the exercise of suffrage? The The only only subs substa tant ntiv ive e requ requir irem emen ents ts exercise the right to vote are: (CARA) (1) (2) (3) (4)
(5) Recall Reca Recall ll is the the ter terminat inatio ion n of offic fficia iall relati relations onship hip of a local local electi elective ve offici official al for loss of confidence prior to the expiration of his term through the will of the electorate.
ballot Prov Provid iding ing for for the the mann manner er of choosi choosing ng candid candidate ates s and the name names s to be prin printe ted d on the the ballot Reg Regulat ulatin ing g the the manne annerr of conducting elections Supp Suppre ress ssin ing g what whatev ever er evil evils s inc inciden identt to the elec electi tion on of public officers, pursuant to its duty to secure the secrecy and sancti sanctity ty of the ballot ballots s under under Art. Art. V, Sec. Sec. 2 of the the 1987 1987 Constitution.
to
Citizenship Age Residency Absence of disqualifications
Filipino citizenship This may be by birth or naturalization.
Age Who can exercise Und Under Art Art. V, Sec. Sec. 1 of the 1987 1987 Cons Constit titut utio ion, n, the the righ rightt of suffr suffrag age e may may be exercised by all citizens of the Philippines who are: (1) not otherw otherwise ise disqua disqualifi lified ed by law, (2) at least 18 years of age, and (3) have resided resided in the Philippines Philippines for at least 1 year, and in the place wherein wherein they propose propose to vote ote for at leas leastt 6 month onths s imme immedi diat atel ely y prec preced edin ing g the the election.
The The same same prov provis isio ion n prov provid ides es that that no lite litera racy cy,, prop proper erty ty or othe otherr subs substa tant ntiv ive e requirement shall be imposed on the exercise of suffrage, and that Congress may not add or alter the qualifications of voters under Art. V, Sec Sec. 1 of the the 1987 1987 Cons Consti tittutio ution. n. This This specificatio specification n is an implied implied prohibitio prohibition n against against interf interfere erence nce on the part of Congr Congress ess in the right of suffrage. Congress, however, to a limited extent can regulate the right of suff rage by: •
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Definin Defining g the qualifi qualificat cation ions s of voters Regulating elections Prescribing the form of official
Must Must be at leas leastt 18 at the the time time of the the election.
Residence For For the the purp purpos oses es of elec electi tion on law, law, residence residence is synony synonymous mous with with domicile. domicile. Art. 50 of the the Civi Civill Code Code prov provid ides es that that “for “for the the existence of civil rights and the fulfillment of civi civill obli obliga gati tion ons, s, the the domi domici cile le of natu natura rall persons is the place of their habitu itual resi reside denc nce. e.”” Domi Domici cile le incl includ udes es the the twin twin elemen elements ts of “the “the fact fact of resid residing ing or physic physical al prese esence nce in a fix fixed plac lace” and and animus manendi, manendi , or the intention of returning there perma erman nent ently. ly. (Romu Romuald aldez ez-M -Mar arco cos s v.
COMELEC) Every Every person person is deeme deemed d to have have his domic domicile ile somew somewher here, e, and when when it has been been acquired, acquired, it will be deemed deemed to continue continue until a new new one has been been acqui acquire red. d. Temp Tempor orar ary y absences although frequent or long continued, will will not, not, while while the person person has a conti continuo nuous us intention to return, deprive him of his domicile and right to vote. Any person who temporarily resides in another city, municipality or country solely by reaso eason n of his his occup cupatio ation n, pro profes fessio sion, empl employ oyme ment nt in priv privat ate e or publ public ic serv service ice,, educational activities, work in the military or nava navall rese reserv rvat atio ions ns with within in the the Phil Philip ippi pine nes, s,
3 service in the AFP, the PNP, or confinement or dete detent ntio ion n in gove govern rnme ment nt inst instit itut utio ions ns in accordance with law, shall not be deemed to have lost lost his original residence. (Sec. 9, R.A.
8189) It is not not nece necess ssar ary y that that a pers person on should have a house in order to establish his residence residence or domici domicile le in a municipality municipality.. It is enough that he should live there, provided that his stay is acc accomp ompani anied ed by his intention intention to reside therein permanently.
constructi constructively vely has his permanen permanentt home, home, wher where e he, he, no matt matter er wher where e he may may be found at nay given time, eventually intends to return and remain, i.e., his domicile, is that to which the Constitution refers when it speaks of residence for the purpose of electi election on law. law. The purpos purpose e is to exclud exclude e strang strangers ers or newco newcomer mers s unfami unfamilia liarr with with the conditions and needs of the community from from taki taking ng adva advant ntag age e of favo favora rabl ble e circumstan circumstances ces existing existing in that community community for electoral gain.
Literacy requirements requirements The Consti Constitut tution ion impos imposes es no literac literacy y requirements; hence illiterates have the right to vote.
Disqualifications
(1)
he / she she shal shalll auto automa matic tical ally ly rereacquire the right to vote upon the expi expira rati tion on of 5 year years s afte afterr the the service of sentence.)
Property requirements Neither Neither does the Constituti Constitution on impose impose any any prop proper erty ty requ requir irem emen entt sinc since e prop proper erty ty ownership is not a test of individual capacity. A property requirement is not only inconsistent with the concept of a republican government, but with with the soc social ial justic justice e princ principl iple e of equal equal opportunity as well.
Formal education Formal Formal education education is no guarantee guarantee for good citizenship or intelligent voting.
Sex Ther There e is no adeq adequa uate te or just justifi ifiab able le basis basis for depriv depriving ing women women of equal equal votin voting g rights.
Persons sentenced by f in a l judgment to suffer imprisonment for not less less than than one (1) year. year. (Note:
(2)
Persons adjudged by final judgment of havi having ng comm commit itte ted d any any crim crime e invo involv lvin ing g disl disloy oyal alty ty to the the duly duly const onstit itut uted ed gover overn nment ment (e.g (e.g.. rebellion rebellion,, sedition, sedition, violation violation of the firearms law) or any crime against national security. (Note: he / she
shall automatic automatically ally re-acqui re-acquire re the right to vote upon the expiration of 5 years after the service of sentence.) (3) Insane Insane or incompete incompetent nt persons persons as declared by competent authority.
THE COMELEC
Taxpaying Ability Purpose
This is related to property property requirement. Romualdez Romualdez-Marc -Marcos os v. COMELEC COMELEC (248
SCRA 300) It is the fact of residence, not a statement statement in the certificate certificate of candidacy candidacy which ought to be decisive in determining whether or not an individual has satisfied the Constituti Constitution’s on’s residency residency qualificatio qualification n requirement. To successfully effect a change of domic domicile ile,, one must must demon demonstr strate ate:: (1) an actu actual al remo remova vall or an actu actual al chan change ge of domi domici cile le;; (2) (2) a bona bona fide fide inte intent ntio ion n of abandoning the former place of residence and establishing a new one; and, (3) acts which correspond with the purpose.
The The purp purpos ose e of the the COME COMELE LEC C is to protect the sanctity of the ballot and to ensure the free and honest express of the popular will. To achi achiev eve e this this,, the the COME COMELE LEC C was was crea create ted d as an indep indepen ende dent nt admi admini nist stra rativ tive e tribunal, co-equal with the other departments with respect to the powers vested in it, and not under under any of the branch branches es of Gover Governme nment. nt. The intention is to place it outside the influence of polit politic ical al part partie ies s and and the the cont contro roll of the the legislativ legislative, e, executive executive,, and judicial judicial organs organs of the government. To preserve preserve the independen independence ce of the COMELE COMELEC, C, appoin appointme tments nts or desig designat nation ions s in temporary or acting capacities are not allowed. Composition
Aquino v. COMELEC (248 SCRA 400) The place where a party actually or
Composition:
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chairman 6 commissioners
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Qualifications: • • • •
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881, Sec. 52m)
Natural born citizens At least 35 years old Holders of a college degree Must not have been candidates for any elective position in the immediately preceding elections Majo Ma jorrity ity of the the memb member ers, s, including the chairman, should be members members of the Bar who who have have been been enga engage ged d in the the practice of law for at least 10 years.
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Declaration of failu ilure or postponement of elections, as well as call for special elections (Sec. 4, RA 7166)
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Pres Prescr crib ibe e form forms, s, as well well as use use or adop adopti tion on of late latest st techno technolog logica icall and electr electroni onic c devices (BP 881, Sec. 52 g, i) Annu Annulm lmen entt or canc cancel ella latio tion n of illegal registry lists of voters and order ordering ing the prepa prepara ratio tion n of a new one;
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The chairman chairman and the commissio commissioners ners are to be appointed by the President with the consent of the Commission on Appointments. The Commissioners serve for 7 years without reappointment, under staggered terms of 2 years interval: of 3 commissioners first appointed, 3 shall hold office for 7 years, 2 for 5 years, and the rest for 3 years. The The stag stagge geri ring ng of term terms s make makes s the the COMELEC COMELEC a continuing continuing and self-perpe self-perpetuati tuating ng body, body, and conseq consequen uently tly its member members s would would hav have the the bene enefit fit of the the exp experie erienc nce e and and exp experti ertise se of the the old older memb member ers s in the the performance of its functions.
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Quasi-judicial powers (2) Quasi-judicial The COMELEC has exclusive original jurisdiction over all contests relating to th e election, returns and qualifi qualificat cation ions s of all electi elective, ve, region regional, al, provi provinci ncial al and city city officials.
Powers and functions The The powe owers and and func functi tio ons of COMELEC may be classified as follows:
The COMELEC has exclusive appellate appellate jurisdicti jurisdiction on over all contests involving municipal municipal officials officials decided decided by the RTC, or involving elective barangay barangay officials officials decided decided by the MTC. MTC. In these these cases, cases, the deci decisi sion ons s ther therei ein n shal shalll be final, executory an d unapp unappeal ealabl able. e. ( A Art rt.. IX-C IX-C,,
the the
(1) Enforcement
and admi admini nist stra rati tion on of elec electi tion on laws and regulations ( Art. Art. IX-
C, Sec. 2 (1), 1987 Constitution) Prom Promul ulga gati tion on of rule rules s and and regulations ( Art. Art. IX-C, Sec. 6;
Sec. 2 (2), 1987 Constitution)
BP 881, Sec. 52b) •
Fix Fixing ing (whic which h
of
ele electio ction n
per period iod
shal shalll comm commen ence ce 90 days before the election and end 30 days thereafter, unless otherwise fixed by the COME COMELE LEC C in spec specia iall case cases; s; Art. IX-C, Sec. 6, 1987 Constitution)
Cancellation of the canvass of election returns and annulment annulment of a proclamat proclamation ion based based on incomplete incomplete results. (Note, ote, however ever,, tha that the
COMELEC does not have the powe powerr to annul annul an electi election on whic which h may may not have have been been free, free, orderly, orderly, and honest honest as such power is merely preventive and not curative.)
The COMELEC Commissioners are subject to the same disabilities imposed on the President and and the the Viceice-Pr Pres esid iden ent, t, inc includi luding ng the the prohibition against holding any other office or engaging in any other profession or business.
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Fixi Fixing ng of othe otherr reas reason onab able le periods for certain preelec electi tion on requ requir irem emen ents ts (BP
Pursua Pursuant nt to its quasiquasi-jud judici icial al powers, the COMELEC has the power: •
To issue subpoena;
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To take testimony;
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Of contempt
(Note,
5 however, that the COMELEC's power to punis punish h for contem contempt pt may be exerc exercise ised d ONLY ONLY in the exercise of its quasi judic judicial ial funct function ions. s. The COMELEC has no power to hold a person in contempt in the exercise of its admin administ istrat rative ive funct function ions s (e.g. (e.g. repor reporter ter critic criticize izes s a contract with COMELEC for supplies, or a person fails to follow the procedure for the distri distribut bution ion of ballot ballot boxes). To issue warrants of arrest;
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Of certio certiora rari, ri, prohib prohibiti ition on and mandamus (Note: but
only in exerc ercise ise of its its appe appell llat ate e juri jurisd sdic icti tion on;; Relampagos v. Cumba, Cumba, )
(3) Deci Decide de
all all ques questi tion ons s affe affect ctin ing g elections ( Art. Art. IX-C, Sec. 2 (3), 1987
Constitution) The power of the COMELEC to decid ecide e all all quest uestio ions ns affe affect ctin ing g elections pertains to the following: (1) (1) dete determ rmin inat atio ion n of the the number and location of polling places (2) appointment of election officials and inspectors (3) registration of voters However, the COMELEC has NO juris urisd dicti iction on over ques questi tio ons invo involv lvin ing g the the righ rightt to vote vote (i.e (i.e.. disqualifications of voters, right of a person person to be regist registere ered, d, etc.), etc.), as thes these e rest rest with within in the the excl exclus usiv ive e orig origin inal al juri jurisd sdic icti tion on of the the MTC, MTC, appealable to the RTC.
(4) Deputize, Deputize,
with the concurren concurrence ce of the the Pres Presid iden ent, t, law law enfo enforc rcem emen entt agenc agencies ies and and instru instrumen mental taliti ities es of the Govern Governmen mentt for the exclus exclusive ive purpose purpose of ensuring ensuring free, orderly, orderly, hones nest, peace eacefu full and cred crediible elections ( Art. IX-C, Sec. 2(4), 1987
member or members of the AFP, NBI, PNP or any similar agency or instrumentality of th e gove govern rnme ment nt (exce except pt civi civili lian an home defense forces) during the per period iod of the the camp campai aign gn and ending 30 days thereafter, when in any area of the country there are person persons s commi committi tting ng acts acts of terroris terrorism m to influence influence people to vote for or against any candidate or political party. (Sec. 52b, BP
881)
(5) Register
IX-C, Sec. 2 (5), 1987 Constitution)
(6) Accredit Accredit
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CMT cadets 18 yrs. of age and above may be authorized to act as the COMEL COMELEC' EC's s deput deputies ies for the the purp purpos ose e of enfo enforc rcin ing g its its orders (Sec. 52a, BP 881) The COMELEC may deputize any
citizens' citizens' arms ( Art. Art. IX-C, IX-C,
Sec. 2 (5), 1987 Constitution) Investiga igatio tion n (7) Invest
and and prosec prosecuti ution on of cases of violation of election laws ( Art. IX-C, Sec. 2 (5), 1987
Constitution) The COMELEC has the power of a public prosecutor with th e exclusive authority to conduct the preliminar preliminary y investigat investigation ion and the prose prosecut cution ion of electi election on offens offenses es punishable under the election law. The power may be exercised upon complaint or motu propio. The Ombudsman has NO jurisdict jurisdiction ion to prosecut prosecute e election election offenses. offenses. He may do do so only only if he is deputized by the COMELEC.
(8) Fili Filing ng
of peti petiti tion ons s in cour courtt for for incl inclus usio ion n or excl exclus usio ion n of vote voters rs ( Art. IX-C, Sec. 2 (6), 1987
Constitution) (9) Recommendatory: (a) to Congress •
Constitution) •
political parties, etc. ( Art. Art.
effec fective measures to minimize election spending, including limitation of places where propaganda materials shal shalll be poste osted d, and and to prev preven entt and and pena penali lize ze all all form forms s of elec electi tion on frau frauds ds,, offenses, offenses, malpractic malpractices, es, and nuisance nuisance candidates candidates.. ( Art. Art.
IX-C, Sec. Constitution)
2
(7),1987
(b) to the President •
for removal of any officer
6 or employee it h as deputi deputized zed (Sec. Sec. 52a, 52a, BP
TV networks and 3 national radio networks, all of which are to be allocated allocated free of charge charge equally equally and and impa impart rtia ially lly amon among g all the the candidates for national office on 3 different calendar days.
881); •
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for imposition of disci iscip plina linarry actio ction n for for violation or disregard of, or disobedience to i ts directive, order, or decision ( Ar Art. IX-C, -C, Sec. ec. 2 (8), 1987 Constitution);
Quasi-Judicial Quasi-Judicial Powers Jurisdiction The COMELEC has exclusive original jurisdiction over all contests relating to the elec electi tion on,, retu return rns s and and qual qualif ific icat atio ions ns of all all elective, regional, provincial and city officials.
for pardon, amnesty, parole, le, suspension of sent senten ence ce for for viol violat atio ion n of elec electi tion on laws laws,, rule rules s and and regulations ( Art. Art. IX-C, Sec.
The COMELEC h as exclusive appellate appellate jurisdicti jurisdiction on over over all all cont contes ests ts involv involving ing municip municipal al offici officials als decide decided d by the RTC, or involving involving elective barangay barangay officials officials deci decide ded d by the MTC. MTC. In these these case cases, s, the decisions therein shall be final, executory and unappealab unappealable. le. ( Art. Art. IX-C, IX-C, Sec. Sec. 2 (2), (2), 1987 1987
5 1987 Constitution; This is to prevent the possibility of the President granting executive cleme lemen ncy for for politi litic cal reasons.) (10) Supervision Supervision / Regulatio Regulation, n, for the duration duration of the election period, period, of use of all franchises or permits for operation of: •
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tran transp spor orta tati tion on utilities; media of information;
and and
othe other r
communication
publ public ic
or
all all gran grants ts,, spec specia iall priv privil ileg eges es,, or concessions granted by the Governmen Governmentt or any instrumen instrumentalit tality y thereof ( Art. IX-C, Sec. 4, 1987
Constitution) The purpose purpose of supervis supervision ion and regu regula lati tion on is to guar guaran ante tee e or ensu ensure re equa equall oppo opport rtun unit ity y for for public public service service and the equitable equitable right to reply, for public informatio information n campaigns campaigns and fora among among candid candidate ates, s, and ass assure ure free, free, orderl orderly, y, honest honest,, peacef peaceful ul and credible credible elections elections.. (Sec. 2,
Constitution) Rendition of Decision Composition; En Banc and Division Cases The COMELEC may sit en banc or in 2 divisions. As a general rule, election cases shall be heard and decided in division. Decisions that must be rendered by the COMELEC en banc include: •
C, Sec. 3, Constitution); •
COME COMELE LEC C is mand mandat ated ed unde underr Sec. 7 of R.A. 9006 to exercise affirm affirmati ative ve action action in procu procurin ring g print space upon payment of just comp compen ensa sati tion on from from at leas leastt 3 nati nation onal al circ circul ulat atio ion, n, and and free free airtime from at least 3 national
1987
Petitions for correction of mani manife fest st erro errors rs in the the Statement of Votes (Sec.
5, Rule 27 of the 1993 Rules of the COMELEC); •
R.A. 9006) No franchise or permit to operate a radio or television station shall be granted or issued, suspended or cancelled cancelled during the election election period. (Sec. 6.4, R.A. 9006)
Decisions on motions for reconsid reconsiderati eration on ( Art. Art. IX-
Questi Questions ons pertai pertainin ning g to proceedings of the Board of Canv Canvas asse sers rs (Mastura
v. COMELE COMELEC, C, 285 285 SCRA SCRA 493) •
Postponement of election (Sec. 4, R.A. 7166)
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Declar Declarati ation on of failur failure e of elec electi tion on (Sec. Sec. 4, R.A. .A.
7166) •
Calling of special electi elections ons (Sec. Sec. 4, R.A R.A.
7166) Time Period and Votes Required
7 The COMELE COMELEC C shall shall decide decide by a major majority ity vote vote of all its member members s any case or matter matter brought before it within 60 days from the date of its submis submissio sion n for decisi decision on or resol resoluti ution. on. ( Art. Art. IX-A, Sec. 7 1987 Constitution)
In acco accordanc rdance e with the Constituti Constitutional onal poli policy cy to sync synchr hron oniz ize e elec electi tion ons, s, ther there e is a simultaneous conduct of elections for national and local local officials officials once every every 3 years. years. Under Under R.A. 7166, elections shall be held on the 2nd Monday of May.
Judicial Review Unle Unless ss othe otherw rwis ise e prov provid ided ed by the the Constitution or by law, any decision, order or ruling of each Commission may be brought to the the Supr Suprem eme e Cour Courtt on cert certio iora rari ri by the the aggrieved party within 30 days from receipt of a cop copy y ther thereo eof. f. ( Art Art.. IX-A IX-A,, Sec. Sec. 7, 1987 1987
Constitution) What is contemplated in this provision are decisions decisions,, orders orders or resolution resolutions s rendered rendered by the COMELEC in the exercise ise of its adjudicatory or quasi-judicial powers not those whic which h are are mere mere inci incide dent nts s of its its inhe inhere rent nt administra administrative tive functions functions over the conduct conduct of elections elections.. Questions Questions arisin arising g from the latter latter may be taken in an ordinary civil action before the RTC. By certiorari, a party raises questions of law in the Supreme Supreme Court. Court. Findings Findings of fact made by the COMELEC are conclusive upon the Supreme Court. The Supreme Court has no power of supe superv rvis isio ion n over over the the COME COMELE LEC C exce except pt to review its decisions on petitions by certiorari. The certiorari jurisdiction of the Supreme Court is conf confin ined ed to inst instan ance ces s of grav grave e abus abuse e of discretion amounting to patent and substantial denial of due process committed by it in the exercise of its quasi-judicial powers. ELECTIONS IN GENERAL Kinds of elections General election It is one provided for by law for the election to offices throughout the State or a certain subdivision thereof, after the expiration of the full term of former officers. Special election It is one one prov provid ided ed for for by law unde underr special circumstances. It is an election held to fill a vacancy in an office before the expiratio expiration n of the full term for which the incumben incumbentt was elected, elected, or an election at which some issue or proposition is submitted to the vote of the qualified electors. Date of Election Under the Law
The President President and Vice-Pres Vice-President ident are elected on the same day every 6 years. Sena Senato tors rs,, Elec Electiv tive e Me Memb mber ers s of the the Hous House e of Repr Repres esen enta tati tive ves, s, and and Elec Electi tive ve Provin Provincia cial, l, City City and Munici Municipal pal Officia Officials ls are elected on the same day every 3 years, except with respect to the Senators, only 12 of whom shall be elected every 3 years. Bara Barang ngay ay Elec Electi tion ons s are are held held on the the same day, and every 5 years thereafter, the term term for electi elective ve barang barangay ay officia officials ls having having been extended from 3 years years to 5 years. years. (R.A.
7160, Sec. 43 (c) as amended by R.A. 8524) Time and Place for Holding Elections The time must be fixed by the authoritative power (i.e. the Constitution; laws in the case of regular elections; the executive or othe otherr desi design gnat ated ed powe powerr in the the case case of spec specia iall elec electi tion ons) s).. The The plac place e for for hold holdin ing g elections elections shall be fixed by general general law or by a procl proclama amatio tion n or by the notice notice by which which the election is called. Such designated designated place place shall be mandatory. In case of emergencies which necess necessita itate te the chang changing ing of a polling polling place, place, adequate general notice must be given. Manner of Holding Elections While the manner of holding elections must must be regu regula late ted, d, it is obvi obviou ous s that that the the manner prescribed is intended simply to secure the correct result. Manner and form should not be allowed to defeat the undoubted will of the people clearly expressed. ( C.J. Simpson) Regu Regula lati tion ons s pres prescr crib ibed ed are are mere merely ly directory, and a failure to observe them fully will will not not inva invalid lidat ate e the the elec electi tion on,, wher where e an elec electi tion on has has been been held held in good good fait faith h and and irregularities do not affect the result. Where Where a specia speciall electi election on is prov provide ided d for, but no method of holding it is declared, it will will be sufficie sufficient nt if it is held held in the manne mannerr prescribed for the holding of general elections. PRE-ELECTION REQUIREMENTS REQUIREMENTS PRECINCTS AND POLLING PLACES Precincts
8 Precinct, defined - unit unit of territ territor ory y for the purpos purpose e of voting (Sec. 149, BP 881) Establishment Establishment of Precincts The The COME COMELE LEC C shall hall esta stablis blish h all all election election precinct precincts. s. Each barangay barangay shall shall have at least 1 such precinct. (Sec. 149, BP 881)
Each polling place shall have at least 10 voting voting booths booths of such size, specificat specifications ions and materials as the COMELEC may provide to enab enable le the the voter oters s to fill fill out out thei theirr ball ballot ots s secretly. (Sec. 158, BP 881) The polling place shall be so arranged that the booths, the table, the ballot boxes and the whole polling place, except what is being written within the booths, shall be in plain view of the board of election inspe inspecto ctors, rs, the watche watchers rs and other other person persons s who may may be within within the pollin polling g place. place. (Sec.
159 (d), BP 881) The COMELEC may introduce adju adjust stme ment nts, s, chan change ges s or new new divi divisi sion ons s or abolish precincts precincts if necessary. But no changes shall shall be intro introduc duced ed within within 45 days days before before a regular election and 30 days before a special electi election on or refere referendu ndum m or plebisc plebiscite ite.. (Sec.
149, BP 881)
The COMEL COMELEC EC shall shall post post inside inside each each voting booth and elsewhere in the polling place on the day before the election, referendum, or plebiscite and during the voting period a list containing the names of all candidates or the issues or questions questions to be be voted for. (Sec. 158;
BP 881) Where it is not practicable to divide a precinct by territory, the COMELEC may adjust or split the precinct by assigning the registered voters alphabetically and equitably among the adjusted or split precinct. The polling places places of the the said said precin ecinct cts s must ust be in the the same same building. (Sec. 8, R.A. 7166) Publication of Maps of Precincts At least 5 days before the firs irst registrat registration ion day and until after the election, election, referendum, or plebiscite, the COMELEC shall post in the city or municipal hall and in 3 other conspicuous places and on the door of each polling place, a map of the city or municipality showing its division into precincts. Such maps shall be kept posted until after the election, referendum or plebiscite. (Sec. 151, BP 881)
There shall be a guard rail between the voting booths and the table for the Board of Election Inspectors. (Sec. 159; BP 881) Inspection of polling places Befor fore the day of the election ion, referendum or plebiscite, the Chairman of the COMEL OMELEC EC shal shall, l, thr throug ough its its auth autho orized ized representatives, see to it that all polling places are inspected and such omissions and defects as may be found are corrected. corrected. (Sec. 163, BP
881) OFFICIAL BALLOTS, ELECTION RETURNS & BALLOT BOXES Form and Contents of ballots
Polling Places Polling place, defined POLLING PLACE: Buildin Building g or plac place e wher where e the the Boar Board d of Elec Electi tion on Inspec Inspector tors s condu conducts cts its proc proceed eeding ings s and where the voters cast their votes (Sec. 152, BP 881)
The ballots shall: •
•
Designation of polling places The COMELEC may introduce changes in the location of polling places when necessary after notice to the registered political parties and candidates candidates affected if any, and hearing. hearing. No location shall be changed within 45 days before a regular election and 30 days before a spec special ial elec electi tion on,, refer referen endu dum m or pleb plebis isci cite te except except when it is destr destroy oyed ed or it cannot cannot be used. (Sec. 153, BP 881) Arran Arrangem gement ents s and and Conte Contents nts of Pollin Polling g Places
•
•
be uniform in size; be prin printed ted in black black ink ink on on whit white e secu securi rity ty pape paperr with with distinctiv distinctive, e, clear and legible legible watermar watermarks ks that will readily readily distin distingui guish sh it from from ordina ordinary ry paper; be in the the shap shape e of a stri strip p with with stub stub and a detach detachabl able e coupon coupon containing containing the serial serial number number of the ballot ballot and a space for the thumbmark of the voter on the detachable coupon; bear at the top middle porti portion on the coa coat-o t-of-a f-arms rms of the the Repu Republ blic ic,, the the word words, s, “Official Ballot ”, ”, the name of the city or municipality municipality and
9 the province, the date of the elec electio tion n and and the the foll follow owing ing noti notice ce in Engl Englis ish, h, “Fill Fill out out
this ballot secretly inside the voting voting booth booth.. Do not not put put any distinctive mark on any ”; part of this ballot ”; •
•
contain the names of all the office ices to be voted for, allowing allowing opposite opposite the name of each each offi office ce,, suff suffic icie ient nt space or spaces with hori horizo zont ntal al line lines s wher where e the the voter may write the name or nam names of the the ind individ ividua uall candidates voted for by him; hav have noth othing ing print inted or writ writte ten n at the the back back exce except pt the signature of the chairman of the the Board ard of Elec Electtion ion Inspectors
Notwith ithstanding the preceding provisions, COMELEC may prescribe a different form of official ballot on the same watermark watermarked ed security security paper to facilitate facilitate the voting by illiterate voters only and to use or adopt adopt the latest latest technolog technological ical and electronic electronic device devices s in connect connection ion therew therewith ith.. (Sec. Sec. 23, 23,
R.A. 7166)
The registered political parties or coa coaliti litions ons of partie parties s (or their components
should there be any dissolution or division of said coalition coalition)) whose whose candidate candidates s obtained obtained at least 10% of the total votes cast in the next preceding senatorial election are each entitled to have a watcher and/or representative in the procurement and watermarking of papers to be used used in the printing printing of electi election on return returns s and official ballots, and in the printing, numbering, storage and distribution thereof. (Sec. 8, R.A.
6646) Requisition and Distribution The official ballots and election returns shall be distributed to each city ity and municipality at the rate of one and one-fifth ball ballot ots s for for ever every y vote voterr regi regist ster ered ed in each each polling place, and for election returns, at the rate of one one set for every every polling polling place. place. (Sec.
186, BP 881) The The rulin ruling g part party y and and the the domi domina nant nt oppos oppositio ition n party party shall shall submit submit the names names of the their watche tcherrs who, ho, toge togeth ther er with with the the repr repres esen enta tati tive ves s of the the COME COMELE LEC C and and the the provincial, city, and municipal treasurers shall verify the contents of the boxes containing the shipm shipment ent of offici official al ballot ballots, s, electi election on return returns s and sample sample official official ballots. ballots. (Sec. Sec. 189, 189, BP
881) Emergency Ballots Publication GR : No ballots other than the official ballots shall be used or counted. Exception: Exception: "Emergency ballots" may be used if: failur failure e to rece receiv ive e the the offic officia iall ball ballot ots s on time ther there e are are no suff suffic icie ient nt ball ballot ots s for for all registered voters
-
the ballots are destroyed at such time as shall render it impossible to provide other official ballots. In thes these e case cases, s, the the city city or muni munici cipa pall treasure shall provide other ballots which shall be as similar to the official ones as circumstan circumstances ces will permit permit and which shall be uniform uniform within within each polling polling place. place. (Sec. 182,
BP 881) Printing of official ballots and election returns The official ballots and election return returns s shall shall be print printed ed by the Govern Governmen mentt Printing Office and/or the Central Bank printing faci facili litie ties s excl exclus usiv ivel ely, y, unde underr the the excl exclus usiv ive e supervision and control of the COMELEC which shall shall deter determine mine and prov provide ide the necess necessary ary security measures in the printing, storage and distribution thereof. (Sec. 184, BP 881)
The COMELEC shall publish publish at least 10 days days before before an electi election, on, in a newspa newspaper per of gene genera rall circ circula ulatio tion, n, cert certifi ified ed data data on the the number of ballots and returns and the names and addresses of the printers and the number printed by each. Ballot boxes On the day of the voting, there shall be a ballot llot box one side ide of whic hich shall hall be transp transpare arent nt which which shall shall be set in a manner manner visible to the voting public. It shall contain two compartme compartments, nts, one for valid ballots ballots and the other for spoiled ballots. REGISTRATION OF VOTERS Registration defined - the act of accomplishing and filing of a sworn application for registration by a qualified voter befo before re the the elec electi tion on offi office cerr of the the city city or municipality wherein he resides and including the same in the book of registered voters upon approval approval by the Election Election Registrati Registration on Board. Board. (Sec. 3a, R.A. 8189)
10 Necessity of registration "The act of registration is an indi indisp spen ensa sabl ble e prec precon ondi diti tion on to the the righ rightt of suffrage. For registration is part and parcel of the right to vote and an indispensable element in the electi election on proces process. s. Thus Thus … regist registrat ration ion cannot cannot and should should not be denig denigrat rated ed to the lowly stature of a mere statutory requirement. Proceeding from the significance of registration as a necessary requisite to the right to vote, the State undoubtedly, in the exercise of its inherent police power, may then enact laws to safeg safegua uard rd and and regu regula late te the the act act of vote voter’ r’s s regi regist stra rati tion on for for the the ulti ultima mate te purp purpos ose e of cond conduc ucti ting ng hone honest st,, orde orderl rly y and and peac peacefu efull elec electi tion on,, to the the inci incid denta entall yet yet gene genera rall lly y important end, that even pre-election activities could could be perfor performed med by the duly duly consti constitut tuted ed authorities in a realistic and orderly manner – one which is not indifferent and so far removed from from the pressin pressing g order order of the day and the prev preval alen entt circ circum umst stan ance ces s of the the time times. s."" ( Akbayan, Akbayan, et al v. COMELEC, G.R. No.147066,
degr degree ee of cons consan angu guini inity ty or affini affinity ty.. If in succeeding elections, any of the newly elected city city or muni munici cipa pall offi offici cial als s is rela relate ted d to a member of the Board within the 4 th civil degree of consanguinity consanguinity or affinity, affinity, such member member is auto automa mati tica call lly y disq disqua ualif lified ied to pres preser erve ve the the integrity of the Election Registration Board. NOTE: accept ept (1) acc
an appoin appointme tment, nt, to assume office and to actually serv serve e as a memb member er of the the Boar Board d alth althou ough gh inel inelig igib ible le ther hereto eto (Sec. 45d, R.A. 8189), or
(2) appoint such ineligible person knowing him to be ineligible (Sec. 45d, R.A. 8189) Function
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Meet Meet quarte quarterly rly on the 3 rd Monday Monday of Apri April, l, July July,, Octo Octobe berr and and Janu Januar ary y of every every calend calendar ar year year (or on the next following working day if such design designate ated d days days fall on non-wo non-work rking ing holidays)
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To hear and process all applications for registration.
March 26, 2001) Qualifications Qualifications and Disqualifications Disqualifications
See previous discussion under Suffrage. Election Registration Board (Sec. 15, R.A. 8189) In each each city city and munici municipal pality ity,, there there shall be as many Election Registration Boards as there are are election officers therein. therein. In thickly popul opulat ated ed citie ities s or muni munic cipal ipalit itie ies s, the the COME COMELE LEC C may may appo appoint int addi additi tion onal al elec electi tion on officers for such duration as may be necessary. Composition (1) (1) Chair Chairma man: n: Elec Electi tion on Offic Officer er.. In case disqualified, the COMELEC shall designate an acting Election Officer. (2) Members: (a) Public school school official official most senior in rank; and (b) Local Local civil civil registra registrar, r, or in his abse absenc nce, e, the the city city or muni munici cipa pall treasurer. If neither are available, any other other appoin appointiv tive e civil civil servic service e offici official al from the same locality locality as designate designated d by the COMELEC. Disqualifications No memb member er of the the Boar Board d shal shalll be related to each other or to any incumbent city or municipal elective official within the 4th civil
It is an election offense to
either:
When registration conducted Reg Registration ion of voters shall be conduc conducted ted not less less than than 120 days days before before a regular election and 90 days before a special election. (Sec. 8, R.A. 8189) However, in the case of an initiative or referendum, the COMELEC is authorized to set a specia speciall regist registrat ration ion day at least least 3 weeks weeks before the scheduled initiative or referendum. (Sec. 5, R.A. 6735) CAN CAN A SPEC SPECIA IAL L REGI REGIST STRA RATI TION ON FOR FOR A REG REGULAR ULAR ELECT CTIO ION N BE CONDUCTED OUTSIDE THE PERIOD PRESCRIBED IN SEC. 8, R.A. 8189 UNDER THE RESIDUAL OR STANDBY POWERS OF THE COME CO MELE LEC C UNDE UNDER R SEC. SEC. 28, 28, R.A. R.A. 8436? No. In the case of Akbayan, Akbayan, et
al v. COME COMELE LEC C March 26, 2001),
(G.R (G.R..
No.1 No.147 4706 066, 6,
the Supreme Court held that Sec. 8 of R.A. 8189 explicitly explicitly provides provides that no registrati registration on shall shall be cond conduc ucte ted d duri during ng the the peri period od starting 120 days before a regular election. The purpose purpose of having having a 120-day prohibitive period is to enable the the COME COMELE LEC C to comp comple lete te all all the the
11 nece necess ssar ary y prepre-el elec ectio tion n acti activi viti ties es,, inclu includi ding ng the the Proj Projec ectt of Prec Precin inct cts, s, cons consti titu tuti tion on of Boar Board d of Elec Electi tion on Insp Inspec ecto torrs, Boo ook k of Voter ters and and approved Voters Registration Records, Computerized Voters' List, and Voters Inform Informati ation on Shee Sheet. t. Regist Registrat ration ion of of vote voters rs is not, not, cont contra rary ry to popu popula larr opinion, merely the act of going to the Election Officer and writing the names down. It is "in fact, a long process that takes about 3 weeks to complete not even counting how long it would take to prepare for the registra registration tion in the first place." Re-registration A voter oter who is regis egiste terred in the the perman permanent ent list list of voter voters s need need not regist register er anew for subsequent elections unless: (1) he transfers residence to another city or municipality; or
(2) his
registration has been cancel cancelled led on the groun ground d of disq disqua uali lific ficat atio ion n and and such disqualific disqualification ation has been been lifte lifted d or remo remove ved d (Sec. 125, BP 881) ;
System of Continuing Registration Under Sec. 8 of RA 8189, the COMELEC has the power to conduct continuing regi regist stra rati tion on.. Such Such regis registr trat atio ion n shal shalll be conduc conducted ted daily in the office office of the Election Election Office Officerr during during regula regularr office office hours hours,, excep exceptt during the period starting 120 days before a regular election and 90 days before a special election. The filing of the application must must be done personally. Challenge of the right to register Any person person applyi applying ng for regist registrat ration ion may may be chal challe leng nged ed befo beforre the the Elect lectiion Registration Board: •
by any voter,
•
by any candidate, or
•
by any representative of a registered political party.
Such challenge must be made in writing, under oath oat h and must must state state the groun grounds ds theref therefor. or. (Sec. 18, R.A. 8189) List of voters
The list list of vote voters rs refer fers to an enumeration of names of registered voters in a precin ecinct ct duly uly cert ertifie ified d by the Elec Electtion ion Regist Registrat ration ion Board Board for use in the electi election. on. (Sec. 3 (d), R.A. 8189) The Board of Election Inspectors must post the final list of voters in each precinct 15 days before the date of the regular or special election or referendum or plebiscite. Any candidate or authorized representative of an accredited political party upon formal request to an election election registra registrarr shall be entitled to a certified copy of the most rece recent nt list list of vote voters rs upon upon paym paymen entt of a reasonable fee. Illiterate and Disabled Voters Any illiterate person may register with the assistan assistance ce of the Election Election Office Officerr or any member member of an acc accred redite ited d citize citizen’s n’s arm. arm. The appl applic icat atio ion n for for regi regist stra ratio tion n of a phys physic ical ally ly disa disabl bled ed pers person on may may be prep prepar ared ed by any any rela relati tive ve withi ithin n the the four fourth th civi civill degr degree ee of consan consangui guinity nity or affinit affinity y or by the Electi Election on Offi Office cerr or any any memb member er of an accr accred edit ited ed citize citizen’s n’s arm using using the data suppli supplied ed by the applicant [Sec. 14, RA 8189]. Inclusion-exclusion Inclusion-exclusion cases Common rules governing judicial proce proceedi edings ngs in the matter matter of inclus inclusion ion,, excl exclus usio ion n and and corr correct ectio ion n of name names s of voters (Sec. 32, R.A. 8189) (1) TIME OF FILING: hours
(2)
Dur During ing
offic ffice e
NOTICE: Noti Notice ce of the the place lace,, date and time of the hearing of the petiti petition on shall shall be serve served d upon upon the memb member ers s of the the Boar Board d and and the the challenged voter upon filing of the petition.
Modes of service: (1) personal delivery, or (2) registered mail, or (3) posting posting in the the bulletin bulletin board board of of city city or muni munici cipa pall hall hall and and in 2 othe otherr cons conspi picu cuou ous s plac places es with within in the the city city or municipality (3) CONTENTS: Petition shall refer only to 1 precinct, and shall implead the Board as respondents (4) COSTS: Generally, no costs shall be asse asses ssed again gains st any any part arty. However, the court may order a party to pay the costs and
12 inci incide dent ntal al expe expens nses es of the the suit suit should it find that the application was was file filed d sole solely ly to hara harass ss the the adverse adverse party and to cause him to incur expenses. (5) INTERVENTION: Any voter, candid candidate ate or polit politica icall party party who may be affected by th e proce proceedi edings ngs may interv intervene ene and present his evidence. (6)
EVIDENCE: Shall be based on the evide evidence nce pre presen sented ted.. In no case case shall a decision be rendered upon a stipulation of facts.
Inspectors or •
Petitioner may apply at any time except 105 days prior to a regular election or 75 days prior to a special election. (Sec. 34, R.A. 8189) Petition for Exclusion of Voters from the List The The follo followi wing ng may may petit petitio ion n for for the the exclusion of a voter from the permanent list of voters:
If the case involves the issue of a fictitious voter, the nonappearance of the challenged voter on the day set for hearing shall be eviden ence ce that that such such prima prima facie facie evid voter is fictitious. (7)
•
•
•
any registered voter; any represent representative ative of a political party; the Election Officer
DECISION: Petition shall be heard and decided decided within within 10 days days from from date of filing.
Such petition may be filed at any time except 100 days before a regular election or 65 days before a special election. It shall be decided within within 10 days days from from filing filing.. (Sec. Sec. 35, 35, R.A. R.A.
Case Cases s appe appeal aled ed to the the RTC RTC shall shall be deci decide ded d with within in 10 days days from receip receiptt of the appea appeal. l. In all cases, the court shall decide these peti petiti tion ons s not not late laterr than than 15 days days before the election and the deci decisi sion on shal shalll beco become me fina finall and and executory.
8189)
Jurisdic Jurisdiction tion and Appeal in Inclusio Inclusion n and Exclusion Cases MTC:
original and exclusive jurisdiction
RTC:
appellate jurisdiction
Appeals must be made within 5 days from receipt receipt of notice. Otherwise the decision of the MTC becomes final and executory after said period. The RTC shall decide the appeal within 10 days ays fro from the tim time the the appea ppeall was receiv received, ed, and its decision decision shall shall be final final and executory. No motion for reconsideration reconsideration shall shall be entertained. (Sec. 138, BP 881; Sec. 33,
R.A. 8189)
"The petition for exclusion is a necessary component to registration since it is a safety mechanism that gives a measure of protection against flying voters, non-qualified registrants, and the like. like. The prohi prohibit bitive ive period period,, on the other hand serves the purpose of securing the voter’s substantive right to be included in the list of voters." voters." ( Akbayan, Akbayan, et al v. COMELEC,
G.R. No.147066, March 26, 2001) The The citi citize zens nshi hip p of a pers person on to be stricken from the list may be decided in the exclusion proceedings. proceedings. However, the decision decision does does not acquire acquire the nature nature of res judicata judicata consid consider ering ing the summar summary y chara characte cterr of the case. Voters Excluded Through th e Ina Inadv dver erte tenc nce e or Regi Regist ster ered ed with with an Erroneous or Misspelled Name (Sec. 37,
R.A. 8189) WHAT MAY BE FILED?
(1)
Petition for Inclusion of Voters in the List The The foll follo owing wing may included in the voters’ list: •
any any pers person on whos whose e name name has been stricken out from the list
peti petittion ion
any person whose applicatio application n by registrat registration ion has been been disapp disapprov roved ed by the Board of Election ion
to
be
(2)
Petition for reinstatement - filed by any registered voter who has not been included in the precinct certified list of voters Petiti Petition on for correc correctio tion n of name name filed by any registered voter who has been included in the precinct certified list of voters with a wrong or misspelled name
WHERE FILED?
With
the
Election
13 8189)
Registration Board If the petition is denied or not acted upon, the voter may file on any date with the proper MTC a petition for an order order directing directing that the voter's name be entered or corrected corrected in the list. The foll follow owin ing g must must be atta attach ched ed to the the petition: (1)
Certified Certified true copy of his registra registration tion recor record, d, or identi identific ficati ation on card, card, or the entry of his name in the list of voters used in the preceding election;
(2)
Proof that his application was denied or not acted upon by the Board;
CAUSES OF DEACTIVATION: (1) The 3 grounds disq disqua uali lifi fica cati tion on to namely:
(a) Sentence by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or amnesty;
by f in al (b) Adjudgment judgment of having ing com committ mitte ed any any cri crime involving disloyalty to the duly constituted government (e.g. rebellion, sedition, violation violation of the firearms law) or any crime against national national security, security, unless unless restor restored ed to his full civil civil and and poli politi tica call righ rights ts in accordance with law;
(3) Proof Proof that that the petiti petitione onerr has served served notice of his application to the Board
Annulment of Book of Voters (Sec. 39, R.A. 8189) The book book of voter voters s refe refers rs to the the compi compilat lation ion of all regis registr trati ation on record records s in a precinct. (Sec. 3c, R.A. 8189) WHO MAY ANNULMENT:
FILE
PETITION
FOR
(c) Declaration Declaration of insanity insanity or incompetence by comp compet eten entt auth author orit ity, y, unle unless ss subs subseq eque uent ntly ly removed;
(1) Any voter; (2) Any election officer; (3) Any duly registered political party
(2) Failure
to vote in the 2 successive preceding regular electi elections ons,, as shown shown by the voting voting recor records ds (Note: Note: SK
GROUNDS:
(1) (2) • • • • • • •
(3)
The The book book of vote voters rs was was not not prepa prepared red in acc accor ordan dance ce with with the provisions of R.A. 8189; The book of voters was prepared through: Fraud; Bribery; Forgery; Impersonation; Intimidation; Force; or Any similar irregularity The The book book of vote voters rs cont contain ains s data ata that that are stat statis isti tic cally ally improbable
The book of voters shall be annulled after due notice and hearing by the COMELEC after the filing of a verified petition. petition. No order, order, ruling or decisi decision on annull annulling ing a book book of voter voters s shall shall be executed within 90 days before an election.
for vote vote,,
elections are NOT considered regu regula larr elec electio tions ns for for this this purpose); (3) Court order for exclusion of registration; and (4) Loss of Filipino citizenship
Reactivation of registration (Sec. 28, R.A.
8189) PETITION FILED: Sworn application for reactivat reactivation ion of registra registration tion in the form form of an affida affidavit vit stating that the grounds for the deacti deactivat vation ion no longer longer exist WHO MAY FILE:
Deactivation and reactivation of registration Deactivation of registration (Sec. 27, R.A.
Any voter registration has deactivated
whose been
14 WHERE FILED: With With the Electi Election on Office Officer, r, who shall then submit such applicatio application n to the Election Election Reg Regist istratio ation n Boar Board d for for appropriate action. WHEN FILED: Not Not late laterr than than 120 120 days days befor before e a regul regular ar electi election on and 90 days before a special registration
•
•
•
To insp nspect ect and and/or /or copy opy at its its expense the accountable registration forms and/or the list of registered registered voters in the precincts precincts consti constitut tuting ing the const constitu ituenc ency y at which the political party is fielding candidates (Sec. 42, R.A. 8189)
•
To have a watcher and/or representative in the procurement and watermarking of papers to be used used in the the print printin ing g of elec electi tion on returns returns and official ballots and in the printi printing, ng, number numbering ing,, sto storag rage e and distri distribut bution ion there thereof of (Sec. Sec. 8,
Political Party defined
- an organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, adoption, regularly regularly nominates nominates and supports supports certa ertain in of its its lead leader ers s and and memb embers ers as candid candidate ates s for public public office office.. (Sec. Sec. 3c, 3c, R.A. R.A.
R.A. 6646); •
7491) 2 Kinds: (1) nation national al party party,, i.e. a party whose constituenc constituency y is spread spread over over the geograph geographical ical territory of at least a majority of the regions; and (2) regional regional party, party, i.e. i.e. a par party whose hose constituenc constituency y is spread spread over over the geograph geographical ical territory of at least a majority of the cities and provinces comprising the region. Purpose of registration The purpose of registration of political parties with the COMELEC is to enable them to: (1) Acquire personality;
juridical
(2) Qual Qualif ify y for for subs subseq eque uent nt accreditation; and
Entitle (3) Entitle
them to the rights rights and privi privileg leges es grant granted ed to political parties. (Sec. 60,
BP 881) Rights and privileges granted A registered political party is entitled to the following rights and privileges:
To have a watcher in every Election Registrat Registration ion Board Board (Sec. 15, R.A.
8189);
REGISTRATION OF POLITICAL PARTIES
- an organized group of persons pursuing the same ideology, political ideas or platforms of gover governme nment nt and includ includes es its branc branches hes and divisions. (Sec. 60, BP 881)
To be voted ted upo upon as a party arty,,
provided that it is registered under the party-lis party-listt system system ( Art. Art. IX-C, IX-C, Sec. 7, 1987 Constitution);
To have watchers who shall verify the contents of the boxes containing the shipment of official ball allots ots, elec electi tio on retur eturns ns and and sample sample official official ballots ballots received received by the provincial provincial,, city and municipal municipal treasu treasurer rers s (Sec. ec. 189, BP 881.
Note Note that that this this priv privile ilege ge is only only availab available le to the rulin ruling g party party and the dominant opposition party.); •
To have have one one watc watche herr in ever every y polling place and canvassing center (Sec. 26, R.A. 7166);
•
To be present and to have counsel during the canvass of the election returns (Sec. 25, R.A. 6646)
•
To rece receiv ive e the the 4th copy opy (if the the dominant majority party) or the 5th copy copy (if the the domi domina nant nt minor minority ity the elec electi tio on retu return rns s party) of the (Sec. 27, R.A. 7166 as amended
by R.A. 8045 and R.A. 8173) Procedure (1) The political party seeking regist gistrratio ation n may may file ile with ith the the COMELEC a verified petiti ition attaching thereto its constitution and by-la by-laws ws,, plat platfo form rm or prog progra ram m of government and such other relevant information as may be required by the COMELEC.
15 cancellation of registration of a political party: COMELEC shall require (2) The publi ublica cati tio on of the the petit etitio ion n for for regis registr trati ation on or acc accred redita itatio tion n in at least three newspaper newspapers s of general general circulation.
(3)
After After due due COMELEC COMELEC within 10 submitted submitted
notice notice and hearing, hearing, the shall resolve resolve the petition petition days from the date it is for decision. decision. (Sec. 61,
BP 881 881. Note how however the the disc discre repa panc ncy y with with Sec. Sec. 62 which which states that resolution of the petition for registration or accreditation shall be 15 days from the date of submission for decision.)
(1)
1987 Constitution);
(2)
The The part party y is a reli religi giou ous s sect sect or deno denomi mina nati tion on,, orga organi niza zati tion on or association association organized organized for religious religious purposes (Sec. 6 (1), R.A. 7941) ;
(3)
The party party advoca advocates tes violen violence ce or unla unlawf wful ul mean means s to seek seek its its goal goal (Sec. 6 (2), R.A. 7941) ;
(4)
The The part party y is a fore foreig ign n part party y or organi organizat zation ion (Sec. 6 (3), R.A. 7941);
(5)
The party is receiving support from any foreig foreign n gover governme nment, nt, foreig foreign n political party, foundation ion, organi organizat zation ion,, whethe whetherr direct directly ly or thr through ugh any any of its its offic fficer ers s or memb member ers s or indi indire rect ctly ly thro throug ugh h third parties for partisan partisan election election purposes (Sec. 6 (4), R.A. 7941);
(6)
The The party arty viola iolate tes s or fail fails s to comply with laws, rules or regula regulatio tions ns relati relating ng to electi elections ons (Sec. 6 (5), R. A. 7941);
(7)
The The part party y sta stateme tement nts s regist registrat ration ion
Who may not be registered The following may not be registered as political parties: •
religious religious denominat denominations ions and sects ( Art. IX-C, Sec. 2 (5),
1987 Constitution; Sec. 61, BP 881) •
those which seek to achieve their goals through violence or unlawful means ( Art. Art. IX-
C, Sec. 2 (5), 1987 Cons Consti titu tutio tion, n, Sec. Sec. 61, 61, BP 881) •
those which refuse to uphold and adhere to the Constitution (Art. IX-C, Sec.
(8) those supported supported by foreign foreign gove govern rnme ment nts s ( Art Art.. IX-C IX-C,,
Sec. 2 Constitution)
(5),
7941);
(9)
Any Any regi regist ster ered ed polit politic ical al part party y that that,, singly or in coalition with others, fails to obtain at least 10% of the votes cast in the cons consti titu tuen ency cy in whic which h it nomi nomina nate ted d and and suppo supporte rted d a candid candidate ate or candid candidate ates s in the election election next following its registra registration tion shall, after notice and hearing be deemed to have forfeited such status as a registered political party in such constituency. (Sec. 60, BP 881) Cancellation of registration are
grounds
for
The party fails to participate in the last 2 preceding elections (Sec. 6
(8), R.A. 7941);
(10)
Forfeiture of status
following
The party has ceased to exist for at leas leastt 1 year ear (Sec. Sec. 6 (7) (7), R.A. R.A.
1987
Forfeiture of status and cancellation of registration
The
decl declar ares es untr untrut uthf hful ul in its its petit etitio ion n for for (Sec. 6 (6), R.A.
7941);
2 (5), 1987 Constitution) •
Accepting Accept ing financ financial ial contri contribut bution ions s from foreign governments or their agenci agencies es ( A Art rt.. IX-C IX-C,, Sec. Sec. 2 (5), (5),
If regis register tered ed under under the partyparty-lis listt system, the party fails to obtain at leas leastt 2% of the the vote votes s in the 2 preceding elections for for th e constituency in which it has registered. (Sec. 6 (8), R.A. 7941)
Unde Underr the the part partyy-li list st syst system em,, the the COMELE COMELEC C may refus refuse e or cancel cancel regis registra tratio tion n either motu propio or upon verified complaint of any interested party, after due notice and hearing. (Sec. 6, R.A. 7941) Nomination and selection of official candidates
16 (Sec. 6, R.A. 7166) No political convention or meeting for the the nomi nomina nati tion on or elec electi tion on of the the offic official ial candidates of any political party or organization or political groups or coalition thereof shall be held earlier than the f ollowing periods: Pres., VP, Senators: Senators: 165 days before the date of the election Members of th e House of Representatives 75 days before the day of Electi Elective ve Provin Provincia cial, l, City City or Munici Municipa pall Officers the election REGISTRATION FOR PARTY-LIST
of citizens or coalitions of groups of citizens who share similar physical attr attrib ibut utes es or char charac acte teri rist stic ics, s, employmen employment, t, interest interest or concerns concerns (Sec. 3e, R.A. 7941);
(4) Coalitions, i.e. aggrupations of duly regi regist ster ered ed nati nation onal al,, reg regiona ional, l, sectoral parties or organizations for political political and/or and/or election election purposes purposes (Sec. 3f, R.A. 7941) Parties, Parties, organizat organizations ions or coalitions coalitions that are already registered with the COMELEC need not register anew. However, should should they wish to partic participa ipate te in the partyparty-list list system system,, they they must file with the COMELEC a manifestation of such desire to participate not later than 120 days before the election. (Sec. 4, R.A. 7941,
as amended by Sec. 11, R.A. 8436) Party-list system defined Procedure for registration a mechanism of proportion ional representation in the election of representatives to the House of Represent Representative atives s from national, national, regional regional and sectoral parties or organizations or coalitions the thereof eof registe isterred with ith the the COMELE MELEC C. Comp Compon onen entt part parties ies or orga organiz nizat atio ions ns of a coal coaliti ition on may may part partic icip ipat ate e inde indepe pend nden entl tly, y, provided the coalition of which they form part does not participate in the party-list system. (Sec. 3, R.A. 7941) Purpose of party-list system - to enab enable le Fili Filipi pino no citiz itizen ens s belo belong ngin ing g to marginaliz marginalized ed and underrep underrepresen resented ted sectors, sectors, organizations and parties, and who lack welldefined political constituencies but who could contribute to the formulation and enactment of approp appropria riate te legisl legislati ation on that that will will benef benefit it the nation as a whole, to become members of the House of Representatives. Representatives. (Sec. 2, R.A. 7941) Who may be registered
(1) Political
parties (See discussion in
previous section);
(2) Sect Sector oral al
part parties ies,, i.e. i.e. orga organi nize zed d groups of citizens belonging to the labor labor,, peasan peasant, t, fisher fisherfol folk, k, urban urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professional sectors, and and whos whose e prin princi cipa pall advo advoca cacy cy pertains to the special interest and concerns of their sector ( Sec. 3d,
R.A. 7941); Sectoral (3) Sectoral
organizati organizations, ons, i.e. groups groups
PETITION: Petition verified by th e party/organization/coalition's presi presiden dentt or or secret secretary ary.. The petition must state its desire to part partic icip ipat ate e in the the part partyy-li list st system system as a national, national, regional regional or sectoral party or organization or a coalition of such parties or organizations. WHEN FILED: Not later than 90 days days befor before e the election ATTACHMENTS: (1) Constitution; (2) By-laws; (3) Platform or program of government; (4) List of officers; (5) Coalition agreement (as applicable); (6) Other relevant information as may be required by the COMELEC Afte Afterr due due noti notice ce and and hear hearin ing, g, the the COMELEC shall resolve the petition within 15 days days from from the the date date it was was subm submit itte ted d for for decisi decision, on, but not later later than than 60 days days befor before e election. (Sec. 5, R.A. 7941) Grounds for refusal and/or cancellation of registration The following are grounds grounds for refusal refusal and/or cancellation of registration of a party, organization or coalition wishing to participate
17 in the party-list system:
1.
Accepting Accept ing financ financial ial contri contribut bution ions s from foreign governments or their agenci agencies es ( A Art rt.. IX-C IX-C,, Sec. Sec. 2 (5), (5),
1987 Constitution);
2.
The The part party y is a reli religi giou ous s sect sect or deno denomi mina nati tion on,, orga organi niza zati tion on or association association organized organized for religious religious purposes (Sec. 6 (1), R.A. 7941) ;
3.
The party party advoca advocates tes violen violence ce or unla unlawf wful ul mean means s to seek seek its its goal goal (Sec. 6 (2), R.A. 7941) ;
4.
The The part party y is a fore foreig ign n part party y or organi organizat zation ion (Sec. 6 (3), R.A. 7941);
5.
The party is receiving support from any foreig foreign n gover governme nment, nt, foreig foreign n political party, foundation ion, organi organizat zation ion,, whethe whetherr direct directly ly or thr through ugh any any of its its offic fficer ers s or memb member ers s or indi indire rect ctly ly thro throug ugh h third parties for partisan partisan election election purposes (Sec. 6 (4), R.A. 7941);
6.
The The party arty viola iolate tes s or fail fails s to comply with laws, rules or regula regulatio tions ns relati relating ng to electi elections ons (Sec. 6 (5), R. A. 7941);
7.
The The part party y sta stateme tement nts s regist registrat ration ion
decl declar ares es untr untrut uthf hful ul in its its petit etitio ion n for for (Sec. 6 (6), R.A.
7941);
8.
The party has ceased to exist for at leas leastt 1 year ear (Sec. Sec. 6 (7) (7), R.A. R.A.
7941);
9.
The party fails to participate in the last 2 preceding elections (Sec. 6
(8), R.A. 7941);
10.
If register registered ed under the party-list party-list system, the party fails to obtain at leas leastt 2% of the the vote votes s in the 2 preceding elections for for th e constituency in which it has registered. (Sec. 6 (8), R.A. 7941)
The COMELE COMELEC C may refuse refuse or cancel cancel registrat registration ion either either motu motu propr proprio io or upo upon verified complaint of any interested party, af ter due notice notice and hearing. (Sec. 6, R.A. 7941) Nomination of party-list representatives (Sec. 8, R.A. 7941)
Each registered party, organization or coalition shall submit to the COMELEC a list of not more than 5 names from which party-list repr repres esen enta tati tive ves s shal shalll be chos chosen en in case case it obtains the required required number number of votes. votes. This list must must be subm submit itte ted d not not late laterr than than 45 days days before the election. The nomination of party-list repres represent entati atives ves is subjec subjectt to the follow following ing limitations: (1) The nominee must have all of the qualifications qualifications and none of the the disq disqua uali lific ficat atio ions ns for for the the exercise of the right of suffra suffrage. ge. Moreov Moreover, er, he/she he/she must must be a regi regist ster ered ed vote voter, r, able to read and write, and at least 25 years on the day of the election.
In case of youth sector nominees, such nominees must be at leas leastt 25 but not not more more than 30 yrs. old on the day of the election. (Sec. 9)
(2) The
nominee must be a bona fide memb member er of the the part party y or orga organi niza zati tion on whic which h he/s he/she he seeks to represent for at least 90 days preceding the day of the election. (Sec. 9)
(3) An
elected party-list representative who changes his polit olitic ical al par party or secto ctoral affi affili liat atio ion n with within in 6 mont months hs before an election is not elig eligib ible le for for nomi nomina nati tion on as party-list representative under his new party or organization. (Sec. 15)
(4) A
person may be nominated in 1 list only. (Sec. 8)
(5) Only
persons persons who have given given their consent in writing may be named in the list. (Sec. 8)
(6) The The
list list cann cannot ot incl includ ude e any any cand candid idat ate e for for any any elec electi tive ve office office or any person person who has lost lost his his bid bid for for an elec electi tive ve offi offic ce in the the imme immed diate iately ly preceding election. (Sec. 8)
(7) Changes of name or alterations in the order order of nomine nominees es are generally not allowed after the list has been submitted to the
18 COMELE COMELEC. C. Howeve However, r, these these may may be all allowe owed when hen the nominee either:
will sit as representative.
(a) Dies; or h is (b) Withdraws nomination nomination in writing; writing; or (c) Becomes incapacitated
in whic which h case case the the subs substi titu tute te nominee shall be placed last in the list (Sec. 8) Party-list and district representatives distinguished
Effect of Loses Loses his seat, seat, disaffiliation in whic which h case case with party he/s he/she he will will be subs substi titu tute ted d by another qualified person in the party arty / organization based on the list submitted to the COMELEC.
Does Does not not lose ose seat seat if he/s he/she he chan change ges s part party y or affiliation.
Effect vacancy
of A subs substi titu tuti tion on will be made within th e party, based on the list submitted to the COMELEC.
A special election may be held held prov provid ided ed that th e vaca vacanc ncy y take takes s place at least 1 year before the next election.
Effect change affiliation within months prior election
of A party-list in representative is prohibite ited 6 from from sitting sitting as representative to unde underr his his new new party or organization.
This This does not not prevent a district representative fro from running unde underr his his new new party.
Every voter is entitled to 2 votes: votes: the first is a vote for candidate for member of the House House of Repres Represent entati ative ves s in his legisla legislativ tive e district, and the second, a vote for the party, organization, or coalition he wants represented in the House of Representatives. Party-list representative
District representative
Scope of Elected electorate nationally nationally,, with party-list organizations garnering ing at least 3% of all the the vote votes s cast cast for for the the part partyylist system entitled to 1 seat seat,, whic which h is increased according ing to proportional representation, but is in no way to exceed 3 seats per organization
Elected according to legislative dist distri rict ct by the the consti constitue tuents nts of such district
Residence requirement
Must be a resi reside dent nt of his legislative dist distrrict ict for for at least 1 year immediately before th e election
Manner election
No special residency requirement
of Vote Voted d upon upon by party or organization. It is only when a party is entitled to representation that it designates designates who
Elected person personall ally, y, by name.
i.e. i.e.
Effect of loss loss durin during g previous election
A party-list representative cannot sit if he ran and lost in the previous election.
A district representative is not prevented fro from running again as a district representative if he/she lost during th e previous election. ACCREDITATION OF A CITIZENS' ARM Who may be accredited
Any bona non-partisan an group, group, bona fide fide non-partis association or organization fro from the civic ivic,, youth, uth, pro profes fession siona al, educational, business or labor sectors with identifiable leadership, membership and structure, and with demonstrated capacity ity to promote the public interest and assist the COMELEC in the performance of its functions functions and activities activities as mandated mandated by the Constitution and by law (Rule
33, Procedure)
Sec.
1,
COMELEC
Rules
Procedure for accreditation
of
19 OF (1) FILING ACCREDITATION
PETITION
ideology opposed to the principles of a repu republ blic ican an and and demo democr crat atic ic government; and
FOR
Any group seeking accreditation may file a petition for accreditation, duly verified by its Presi Presiden dent, t, Chairm Chairman an of the Board Board of Direct Director ors, s, or any of its duly author authorize ized d officers. The petition petition for accreditation accreditation must state the following: (a) The constituency to which petitioner seeks accreditation;
That it is not not supp upport orting ing any (b) Tha candidate, political party, organization or coalition of political parties, in the constituency where it seeks accreditation;
(i)
That That it unde undert rtak akes es to poli police ce its ranks ranks and preve prevent nt infilt infiltrat ration ion by persons or groups of persons who may, directly or indirectly, destroy its charac character ter of non-pa non-part rtisa isansh nship ip and impartiality.
(2) SETTING OF PETITION FOR HEARING
Upon the fili filing ng of the the peti petiti tio on, the the COMELEC en banc banc shall immediately immediately set the petit petition ion for hear hearing ing.. The COMEL COMELEC EC may order the publication of the petition in a newspa newspaper per of genera generall circu circulati lation on if it deems deems such such necessar necessary. y. Publication Publication shall shall be at the expense of the petitioner. (3) HEARING OF PETITION
Nature of its membership; membership; names (c) Nature of its its offic ffice ers or organiz anizer ers, s, location of principal office or place of business, and an assurance of its its cap capabil abilit ity y to und underta ertak ke a coordinat coordinated ed operation operation and activity activity to assist the COMELEC; (d) That That it shal shalll subm submit it itse itself lf to the the direct direct and immediate control control and superv supervisi ision on and compl comply y with with the orde orders rs of the the COME COMELE LEC C in the the performance of its specific functions and activities provided by law, and such other functions and acti activi vitie ties s prov provid ided ed by law, law, and and such other functions and activities which the COMELEC may assign;
That it shall shall strict strictly ly remai remain n nonnon(e) That partisan partisan and impartial during the registration and election periods; (f)
That That it is not not supp suppor orte ted d by or under the influence of any foreign government or any of its agencies or instr instrum umen enta talit litie ies; s; or of any any fore foreig igne ner, r, whet whethe herr natu natura rall or juridical person;
(g) That it shall not solicit or receive, directly or indirectly, any cont contri ribu buti tion on or aid aid of what whatev ever er form form or nature nature from any foreign foreign government or any of its agencies or instru instrumen mental taliti ities, es, or from from any fore foreig igne ner, r, whet whethe herr natu natura rall or juridical person; (h) That it does not seek to achieve its obje object ctiv ives es,, goal goals s or prog progra rams ms through violence or other unlawful means, nor aim to propagate any
The accreditation of the petitioner may be opposed by any person, group, association, group group or organi organizat zation ion,, politi political cal party party or coalit coa lition ion of politic political al partie parties s posse possessi ssing ng relevant relevant informatio information n or evidence evidence against against the petitio ition ner by fili iling a verified ied opposition. However, However, notwithstanding notwithstanding the absence absence of any opposition, opposition, the COMELEC COMELEC may motu proprio require require the petitioner petitioner to present present eviden idence ce to supp upport its its pet petitio ition n for for accreditation. (4) DECISION
The COME COMELE LEC C shall hall then then rende nder its its deci decisi sion on.. If the the deci decisi sion on is for for the accreditation of the petition, a certificate of accre acc redit ditati ation on shall shall be issued issued stating stating the following: (a) The name of the group or organization;
constituency ncy to which (b) The constitue it is accredited; and political al exerc exercise ise for (c) The politic which it is accredited Revocation and expiration of accreditation REVOCATION: May Ma y be done done by the COMELEC after notice and hearing for any of the following acts: citizens' ns' arm has showed showed or (1) The citize acted with partiality in any political issu issue e or to any any poli politi tica call part party, y, organization or coalition of political parties;
20 (2) It has performed acts in excess of its duties and functions as provided by law; or
representative. No certificate certificate shall be be filed by mail, mail, teleg telegram ram or facs facsimi imile. le. (Sec. Sec. 7, R.A. R.A.
(3) It has has faile failed d to comp comply ly with with the the conditions imposed upon it in the decision granting accreditation.
Time of Filing
7166)
EXPIRATION: The accreditation automatically lapses at the end of the election period of the political exercise for which the petitioner was accredited as citizens' arm.
Certificates of candidacy must be filed in 12 legible copies not later than 120 days before the elections. (Sec. 11, R.A. 8436) Place of Filing The certificates certificates of candidacy candidacy shall be filed in the following places:
CERTIFICATES OF CANDIDACY Candidate defined Any person aspiring for or seeking an elective publ public ic offi office ce,, who who has has filed filed a cert certifi ifica cate te of candidacy by himself or through an accredited political political party, party, aggroupm aggroupment, ent, or coalition coalition of parties. (Sec. 79, BP 881) Guest Candidacy A political party may nominate and/or support support candidate candidates s not belonging belonging to it. it. (Sec. 70, BP 881) Note however that this is not app applica licabl ble e in case ases of poli politi tic cal parti arties es regist registere ered d under under the party party-lis -listt system system,, as nomi nomine nees es must must nece necess ssar arily ily be bona bona fide fide members of the party.
President Vice-Pres Senator
| | COMELEC main office (Mla) |
Congre Congressm ssman an - Provincial election supervisor If NCR NCR dist distri rict ct:: File File with with Regiona Regionall Election Election
Director If legislative district in cities outside NCR which comprise one one or more legislative legislative districts: File with City election registrar concerned Provincial Offices -
Provinc incial ial
ele electio ction n
supervisor City / Municipal Municipal Offices - City or municipal
election registrar
Qualifications
Contents of certificate of candidacy
See the provisions of the Constitution for for the the qual qualif ific icat atio ions ns of cand candid idat ates es for for Pres Presid iden ent, t, Vice Vice-P -Pre resi side dent nt,, Sena Senato tor, r, and and Member of the House of Representatives.
The certificate of candidacy shall state the following: •
See See the the provis ovisiions ons of the the Loca Local l Government Government Code for the qualifications of local elective officials. Qualifi Qualificat cation ions s presc prescrib ribed ed by law are conti ontinu nuin ing g requ equirem iremen ents ts and must must be posses possessed sed for the durati duration on of the office officer's r's acti active ve tenur tenure. e. Once Once any of the requ requir ired ed qualifi qualificat cation ions s are lost, lost, his title title to the office office may be seasonably challenged. (See Frivaldo
v. COMELEC, 174 SCRA COMELEC, 176 SCRA 1)
245;
Labo
v.
Filing of certificate of candidacy To be eligib eligible le for any electi elective ve public public office, one must file a certificate of candidacy within the period fixed by the Omnibus Election Code.
•
The The poli politi tica call part party y to whic which h the the candidate belongs;
•
Civil status;
•
Date of birth;
•
Residence;
•
•
•
Mode of Filing Cer Certifi tific cates ates mus must be file filed d by the the candidate personally or by his duly authorized
That the person f i l i ng th e cer certific ificat ate e is anno nnounci uncing ng his cand candid idac acy y for for the the offi office ce stat stated ed ther therei ein n and and tha that he or she she is eligible for such office;
•
Post office address for all election purposes; Profession or occupation; That That he / she she will will supp suppor ortt and and defe defend nd the the Cons Consti titu tuti tion on of the the Philippines Philippines and will maintain faith and allegiance thereto; That he / she will obey the laws,
21 legal orders, and decrees promulgated by the duly constituted authorities; •
•
•
That he / she is not a permanent resident or immigrant to a foreign country; That That the the obli obliga gati tion on impo impose sed d by oath oath is ass assumed umed volun olunta tarrily ily, with withou outt ment mental al rese reserv rvat atio ion n or purpose of evasion; That the facts stated in the certificate of candidacy are true to the best of his knowledge. Effects of filing
member member was was filed by his politi political cal party party.. 15 minu minute tes s befo before re the the dead deadli line ne,, he filed filed his his certifi certificat cate e of candidac candidacy y for mayor. mayor. 8 days late later, r, he file filed d a peti petiti tion on to with withdr draw aw his his certifi certificat cate e of candid candidacy acy for the office office of the board board member member and to declare declare subsisting subsisting his certificate certificate of candidacy candidacy for mayor, mayor, attaching attaching his written declaration under oath withdrawing his certificate of candidacy for board member. Since the certificate certificate of candidacy candidacy for the position of board member was filed by his party and the said party had withdrawn that nomination, there was substantial compliance with with Sec. Sec. 73 of the Omnibus Omnibus Electi Election on Code. Code. His filing under oath within the statutory period of his indivi individua duall candid candidacy acy for mayor mayor was was a rejection of the party nomination of the other officer.
Note: Note: Sec. Sec. 67 of of BP 881 881 and and the first proviso of Sec. 11 of R.A. 8436 (which
Disqualifications
states that "Any elective official, running for any officer other than one which he is holding in a permanent permanent capacity, except except for President and Vice-Pr Vice-Preside esident, nt, shall shall be consider considered ed ipso facto resigned upon the start of the campaign ") have been repealed by Sec. 14 of period ")
According to Prof. Barlongay, disq disqua uali lific ficat atio ions ns may may be clas classi sifi fied ed into into 4 categories: (1) status; (2) acts; (3) nuisance cand candid idac acy y; and (4) (4) fals falsit ity y of mate materrial ial representation in the certificate of candidacy.
R.A. 9006 (Fair Election Act of 2001). Status Any mass media columnist, comme commenta ntator tor,, announ announcer cer,, repor reporter ter,, on-air on-air corr orrespo espond nde ent or pers ersona onalit lity who who is a candidate for any elective public office shall be deemed deemed resign resigned ed,, if so requir required ed by his/he his/herr employ employer, er, or shall shall take take a leave leave of absenc absence e from his/her work as such during the campaign period. (Sec. 6.6, R.A. 9006)
(1) Lack of Filipino citizenship; (2) Lack of residency requirement;
or incompetence, as (3) Insanity declared by competent authority;
(4) Perma ermane nent nt
resid eside ence nce or immigrant status in a foreign country, unless such person has has waiv waived ed his his stat status us as permanent resident or immi immigr gran antt in acco accord rdan ance ce with the residence requirem requirement ent provided provided for in the election election laws (Sec. 68,
Withdrawal of certificate A person who has filed a certificate of candidacy may withdraw the same prior to the election by submitting to the office concerned a written declaration under oath. If a cand candid idat ate e file files s a cert certifi ifica cate te of candidacy for more than 1 office, he shall not be eligible for any of them. However, he may decl declar are e unde underr oath oath the the offic office e for for whic which h he desires to be eligible and cancel the certificate of candid candidacy acy for the other other office office or office offices s provid ovided ed tha that this this is done one before the expi expira rati tion on of the the peri period od for for the the fili filing ng of certificates of candidacy. (Sec. 73, BP 881) The filing of the withdrawal shall not affect whatever civil, criminal, or administrative liabilities which a candidate may have incurred. (Sec. 73, BP 881)
BP 881) Acts (1) Sentence by final judgment for: •
•
RAMIREZ V. COMELEC The certific ficate of candida idacy of petiti petitione onerr for the office office of provi provinci ncial al board board
•
Subve Subversi rsion, on, rebellion;
insurr insurrect ection ion,,
Any offense offense for which the candidate has been senten sentence ced d to a penalt penalty y of more more than than 18 mont months hs of imprisonment; Any offense involving moral turpitude;
22 Moral turpitude is an act of a baseness, vileness, or depravity in the private duties which a man owes to his fellow men, or to society in general, contrary contrary to the accepted and cust custom omar ary y rule rule of righ rightt and and duty between man and woman or conduct contrary to justice, hone honest sty, y, mod modesty esty or good good morals morals.. The genera generall rule rule is is that crimes mala in se involve moral moral turpit turpitude ude while while crime crimes s mala prohibita prohibita do not. Moral Moral turpit turpitude ude implie implies s somet somethin hing g immoral in itself, regardless of the fact that it is punishable by law law or not. (Dela Dela Torr Torre e v.
media media (Sec. Sec. 68e, 68e, BP 881, cf. Sec. 86); •
881, cf. Sec. 261d); •
COMELEC, 191 SCRA 229) •
Havi Having ng give given n mone money y or other material consider consideration ation to influence, influence, induce or corrupt th e vote voters rs or publ public ic offic officia ials ls performing electoral functi functions ons (Sec. 68a, BP
881); •
Having Having coerc coerced ed,, intimi intimidat dated, ed, compe compelle lled, d, or in any manner manner influenced, directly or indirectly, any of his subor subordin dinate ates s or member members, s, or employees, etc. to aid, campaign or vote for or against any candidate candidate or any aspirant aspirant for the nomination or selection of cand candid idat ates es (Sec. Sec. 68e, 68e, BP
Hav Having ing commi ommitt tted ed acts acts of terrorism to enhance h is candidacy (Sec. 68b, BP 881);
Havi Having ng dire direct ctly ly or indi indire rect ctly ly thre threat aten ened ed,, inti intimi mida date ted, d, or actu actual ally ly caus caused ed,, infli inflict cted ed or produced produced any violence violence,, injury, injury, punish punishmen ment, t, damage damage,, loss loss or disadvantage upon any person or that of the immediate memb member ers s of his his fami family ly,, his his honor or property, or used any fraudulent device or scheme to compel or induce or prevent the registration of any voter, or the participa participation tion in any campaign, campaign, or the casting of any vote, or any promise of such registration, campaign, vote, or omission omission therefrom therefrom (Sec. 68e,
BP 881, cf. Sec. 261e); •
Havi Having ng spen spentt in his elec electi tion on campaign an amount in excess of that allowed by the Omnibus Elec Electi tion on Code Code (Sec. Sec. 68c, 68c, BP
•
Havi Having ng enga engage ged d in unla unlawf wful ul electionee electioneering ring (Sec. Sec. 68e, 68e, BP
881, cf. Sec. 261k);
881); • •
Having Having solicit solicited, ed, recei receive ved d or made any contribution prohibite prohibited d under the Omnibus Omnibus Elec Electi tion on Code Code (Sec. Sec. 68d, 68d, BP
881;; cf. Secs. 881 Secs. 89, 89, 95, 96, 96, 97 and 104); •
Havi Having ng enga engage ged d in elec electi tion on campai campaign gn or partis partisan an politic political al activi activity ty outsid outside e the campai campaign gn period period and not pursuan pursuantt to a political party nomination (Sec.
68e, BP 881, cf. Sec. 80); •
Having Having remov removed, ed, destro destroyed yed,, obliterated, defaced or tampered with or prevented the distri distribut bution ion of lawful lawful electi election on propaganda (Sec. 68e, BP 881,
cf. Sec. 83); •
Having Having violat violated ed the rules rules and regulations on election propag opagan and da thr throug ough mass mass
Having violated the prohibition against against release, release, disbursem disbursement ent or expenditure expenditure of public public funds 45 days before a regular election (or 30 days in the case of a special election) (Sec. 68e,
BP 881, cf. Sec. 261v); •
Having solici icited votes or undertaken any propaganda on the day of election for or agains againstt any candid candidate ate or any political party within the polling place or within a radius of 30 m. thereof (Sec. 68e, BP 881,
cf. Sec. 251cc) Nuisance candidacy A nuisance candidate is one who files a certificate of candidacy: (a) To put the election process in mockery or disrepute; or (b) To cause confusion among the voters by the similarity of the
23 names of the candidates, or
(c)
registered
Clea Clearl rly y demo demons nstr trat ating ing that that he/s he/she he has has no bona bona fide fide intention to run for the office which the certificate of candidacy has been filed, and th u s prevents a faith ithful determination of the true will of the electo electora rate. te. (Sec. 69,
BP 881) Falsity of material representation Falsity of a material representation in the certificate of candidacy is a ground for the denial denial of due course course to or cance cancella llatio tion n of a certificate of candidacy under Sec. 78 of BP 881. Disqualificat cations under the Local Government Code (Sec. 40, R.A. 7160) (1) Those sentenced by final judgment for for an offe offens nse e puni punish shab able le by one one year or more of imprisonment and within 2 years after serving sentence. (2) Thos Those e remo remove ved d from from offic office e as a result of an administrative case.
REYES V. COMELEC Reye Reyes, s, the the incu incumb mben entt mayo mayor, r, was was found found guilty guilty in an admini administr strati ative ve compla complaint int.. Despite this, he filed a certificate of candidacy. Although Although the COMELEC COMELEC disqualifi disqualified ed him, the Boar Board d of Elec Electi tion on Canv Canvas asse sers rs,, unaw unawar are e of COMEL OMELEC EC’s ’s deci ecisio sion to disqu isqual alif ify y him, im, proclaimed Reyes as the mayor. The election election of Reyes Reyes did not render render the administra administrative tive charges charges against against him moot and academ academic. ic. The decisio decision n to remove remove him him was served on Reyes and thereafter became final because he failed to appeal to the Office of the Presid President ent.. He was there therefor fore e validly validly removed from office and pursuant to the Local Gove Govern rnme ment nt Code Code,, was was disq disqua ualif lifie ied d from from running for re-election. (3) Those Those convicted convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines. (4) Those with dual citizenship.
See Mercado v. Manzano (LocGov) (5) Fugitives from justice in criminal and non-political cases here and abroad.
A
"fug "fugit itiv ive e
from from
just justic ice" e"
includes "not only those who flee after conviction to avoid puni punish shme ment nt,, but but like likewi wise se those who, after being charged, flee to avoid prosecuti prosecution." on." (Marquez Marquez v.
COMELEC, 243 SCRA 358) In the case of Rodriguez v.
COMELEC (G.R. No. 120099, July 24, 1996), it was held that Rodriguez could not be considere considered d a "fugitive "fugitive from justice" justice" because because his arrival arrival in the Philip Philippin pines es from from the U.S. U.S. prece preceded ded the filing filing of the felony complaint in the Los Angele Angeles s Court Court and the issuance of the arrest warrant by the same foreign court court by almost almost 5 months months.. The The Supr Suprem eme e Cour Courtt held held that that the intent intent to evade is the compe compellin lling g factor factor that that animates one’s flight from a particular particular jurisdicti jurisdiction. on. And there can only be an intent to evad evade e pros prosec ecut utio ion n or punish punishmen mentt when when there there is know knowle ledg dge e by the the flee fleein ing g subject of an already instituted indictment, or of a prom promul ulga gate ted d judg judgme ment nt of conviction. (6) Perman Permanent ent reside residents nts in a foreig foreign n country or those who have acquired the right ight to resid eside e abr abroad oad and continue to avail of the same right afte afterr the the effe effect ctiv ivit ity y of the the Loca Locall Government Code.
FRIVALDO V. COMELEC Frivaldo was previously declared as an alien. alien. Despit Despite e this, this, he was able able to file his his certificate of candidacy. The election occurred on Ma May y 8, 1995 1995.. Friv Frival aldo do was was able able to rereacquire Philippine citizenship on June 30, 1995 thro throug ugh h repa repatr tria iatio tion n by taki taking ng his his oath oath of allegiance at 2:00 p.m. Philippine citizenship is an indi indisp spen ensa sabl ble e requ requir irem emen entt for for hold holdin ing g an electi elective ve public public office office.. An officia officiall begin begins s to govern or discharge his functions only upon his proclamation and on the day the law mandates his term of office office to begin. begin. Since Frivald Frivaldo o reassumed his citizenship on the very day the term began, he was therefore already qualified to be proclaimed, to hold such office and to discha discharg rge e the functi functions ons and respo responsi nsibil bilitie ities s thereof as of the said date. (7) Thos Those e who who are are insa insane ne or feeb feeble le--
24 minded. Special Special Disquali Disqualificat fications ions under under the Lone Lone Candidate Law ( Law (Sec. 4, R.A. 8295) The The foll follo owing wing pers ersons ons are are disqualified from running in a special election called to fill the vacancy in an elective office, provided that evidence of their guilt is strong: (1) Any elective official who has has resi resign gned ed from from his his offi office ce by acce accept ptin ing g an appo appoin intiv tive e offi office ce or for for whatev whatever er reason reason which which he previo previousl usly y occ occupi upied ed but has caused to become vacant due to his resignation;
No perso person n shall shall be eligib eligible le for more tha than one offi offic ce to be fill filled ed in the the same elec electi tion on,, and and if he file files s his his cert certif ific icat ate e of candidacy for more than one office, he shall not be eligible for any of them.
The filing or withdrawal of a certificate of candid candidacy acy shall shall not affect affect whatev whatever er civil, civil, crimin criminal al or admini administr strati ative ve liabilit liabilities ies which which a candidate may have incurred. Certified List of Candidates The COMELEC shall cause to be printed a certified list of candidates for each office to be voted for for in each province, city or muni munici cipa pali lity ty imme immedi diat atel ely y foll follow owed ed by the the nickname or stage name of the candidate and his political political affiliati affiliation, on, if any. The list shall shall be posted inside each voting booth.
Effect of death, disqualification disqualification or withdrawal disqu isqua alifi lific cati ation
Prohibition against Multiple Candidacies
However, before the expiration of the period for the filing of certificates of candidacy, the the pers person on who who was was file filed d mor more than than one one certificate of candidacy may declare under oath the office for which he desires to be eligible and cancel the certificate of candidacy for the other office or offices.
(2) Any person who, directly or indi indire rect ctly ly,, coer coerce ces, s, bribes, threatens, harasses harasses,, intimidates intimidates,, or actually causes, inflicts or produ produces ces any violen violence, ce, injury, punish ishment, torture, torture, damage, loss or disadvantage to any person or persons aspi aspirring ing to bec become ome a candid candidate ate or that that of the immediate member of his family, his honor or property that is meant to eliminate all other potential candidate.
If the the deat eath, withdrawal occurs:
petition shall be filed any time not later than 25 days fro from the time of filing of the certificate, and shall be decided not later than 15 days before the election. (Sec. 78, BP 881)
or
- after the last day for filing of the certificates of candidacy ONLY a person belonging to, and certified, by the same political party, may file a certificate of candidacy to replace him. - between the day before the election and midday of the election day the certificate may be filed with any Board of Election Inspectors in the the poli politi tica call subd subdiv ivis isio ion n wher where e he is a cand candid idat ate e or with ith the the COMEL OMELEC EC if it is a national position. (Sec. 77, BP 881) Petition to deny due course or to cancel certificate A verified petition to deny due course to or cancel a certificate of candidacy may be file filed d by any any pers person on EXCL EXCLUS USIV IVEL ELY Y on the the grou ground nd that that a mate materi rial al misr misrep epre rese sent ntat atio ion n contained contained therein therein as as required required is false. false. Such
Whenev Whenever er pract practica icable ble,, the Boa Board rd of Elec Electi tion on Insp Inspec ecto tors rs shal shalll caus cause e said said list list of candidates to be written on the blackboard or manila manila paper paper for postin posting g inside inside the pollin polling g place. The names of all candidates candidates followed followed by his his nick nickna name me or stag stage e name name shal shalll also also be printed in the election returns and tally sheets. (Sec. 4, R.A. 6646) ELECTION CAMPAIGN & EXPENDITURES EXPENDITURES ELECTION CAMPAIGN Election campaign or partisan political activity It is an act designed to promote the election or defeat of a particular candidate or candidates to a public office. It does not include public expressions of opinions or discussions of probable issues in a fort forthc hcom omin ing g elec electi tion on or on attr attrib ibut utes es or criticisms of probable candidates proposed to be nominated in a forthcoming political party convention. Prohibitions
25 •
Members of the board of election inspections are prohibited from engaging in any partisan political activity or from takin aking g par part in the elect lectio ion n except to discharge their duties as such and to vote. (Sec. 173,
displayed 5 days before the date of the meeting or rally and shall be removed within 24 hours after said meeting or rally. •
BP 881) •
Offic Officer ers s or empl employ oyee ees s of the the civil service are prohibited from engaging directly or indirectly in any electionee electioneering ring or partisan partisan political campaigns. ( Art. Art. IX-B,
Paid advertisements in print or broadca adcas st media edia.. Such uch advert advertise isemen ments ts must must compl comply y with the following requirements: •
Sec. 2 (4), 1987 Constitution) •
Member Memb ers s of the the milit militar ary y are are prohib hibited ited from from eng engagin aging g dire direct ctly ly or indi indire rect ctly ly in any any partisan political activity except to vote. vote. ( Art. Art. XVI, Sec. 5 (3),
1987 Constitution) Campaign period It is prohibited for any person, political party or association of persons to engage in an election campaign or partisan political activity except during the campaign campaign period. Violation of this this proh prohib ibit itio ion n cons consti titu tute tes s an elec electi tion on offense. (Sec. 80, B.P. 881)
R.A. 9006) •
Lawful election propaganda (Sec. 3, R.A. 9006) The following are lawful election propaganda: •
•
•
If the the broa broadc dcas astt is give given n free of charge by the radio or TV stat statio ion, n, it shal shalll be iden identi tifi fied ed by the the word words s "airtime "airtime for this broadcast broadcast was provided free of charge by" by" foll follow owed ed by the the true true and correct name and addres address s of the broad broadcas castt enti entity ty.. (Sec. ec. 4.2, 4.2, R.A. R.A.
9006)
Pamp Pamphl hlet ets, s, leaf leafle lets ts,, card cards, s, decals, stickers, or other written or printed materials the size of whic which h does does not not exce exceed ed 8 ½ inches in width and 14 inches in length;
•
Handwritte Handwritten n or printed printed letters letters urgi urging ng vote voters rs to vote vote for for or against against any particular particular political political part party y or cand candid idat ate e for for publ public ic office; Cloth loth,, paper aper or car cardbo dboard ard post poster ers, s, whet whethe herr fram framed ed or posted, with an area not exceeding 2 feet by 3 feet.
NOTE: Streamers not exceeding exceeding 3 feet by 8 feet in size are allowed at the site and on occasion of a public meeting or rally or in announcing the the hold holdin ing g of such such me meet etin ing g or rall rally. y. Such Such stre stream amer ers s may be be
Any Any publ publis ishe hed d or print printed ed poli politic tical al matt matter er and and any any broadcast of elec lection ion propaganda by TV or radio for or agains againstt a candid candidate ate or group group of candid candidate ates s to any public office shall bear and and be iden identi tifi fied ed by the the reasonably legible or audi audibl ble e word words s “pol “polit itic ical al adve advert rtis isem emen entt paid paid for” for” foll follow owed ed by the the true true and and correct correct name and address address of the candidate candidate or party party for for whose benefit the electi election on propa propagan ganda da was printed or aired. (Sec. 4.1,
Print, Print, broadcas broadcastt or outdoor outdoor advertise advertisements ments donated donated to the the cand candid idat ate e or poli politic tical al party party shall shall not be print printed, ed, publi ublish shed ed,, bro broadca adcas st or exhibited without the written acceptance by the said candidate candidate or political political party. party. Such Such writ writte ten n acce accept ptan ance ce mus must be attac ttache hed d to the the adve advert rtis isin ing g cont contra ract ct and and submit submitted ted to the COMELE COMELEC C within 5 days after its sign signin ing. g. (Sec. Sec. 4.3, 4.3, R.A. R.A.
9006 9006,, cf. cf. 9006) •
Sec. Sec. 6.3, 6.3, R.A. .A.
All othe otherr for forms of elec lectio tion propa propagan ganda da not prohi prohibit bited ed by the Omnibu Omnibus s Electi Election on Code Code or the Fair Election Act of 2001.
26 Adiong v. COMELEC (207 SCRA 712)
Sanidad vs COMELEC ( 181 SCRA 529)
In this his case case,, the the Supr Supre eme Cour Courtt decla eclarred as unc unconst nstitut itutio iona nall COME COMELE LEC C Resolution No. 2347 insofar as it prohibits the postin posting g of decal decals s and stickers stickers on cars cars and other moving vehicles since it infringes on the right to freedom of of expression. expression. The restriction restriction is so broa broad d as to incl includ ude e even even a citiz citizen en's 's privately-owned vehicle, which is equivalent to deprivation of property without due process of law.
But But this this evil evil does does not not obta obtain in in a plebiscite where the electorate is asked to vote for or against issues not candidates.
Prohibited Acts It is prohibited: For any foreigner: •
to aid any candidate or political party, directly or indirectly;
•
to take part or influence in any manner any election;
•
to contr ntribut ibute e or make ake any any expenditu expenditure re in connection connection with any elec lection ion campaign or partisan political activity
Mass Media Equal access to media time and space All regist registere ered d partie parties s and bona bona fide candid candidate ates s are guaran guarantee teed d equal equal acc access ess to media time and space under the Fair Election Act. To this end, the COMELEC has the power power to supervise the use and employment of press, radio radio and televi televisio sion n facilit facilities ies insofa insofarr as the plac placem emen entt of poli politi tica call adve advert rtis isem emen ents ts is concerned to ensure that candidates are given equal opportunities under equal circumstances to make known their qualifications qualifications and their stan stand d on public public issu issues es.. Of cour course se,, such politic political al advert advertise isemen ments ts must must be within within the limits set forth in the Omnibus Election Code and R.A. 7166 on election spending. Pursuant to such end: •
For any person person during during the campai campaign gn period: •
•
to remove, remove, destroy, destroy, obliterate obliterate or in any any mann manner er defa deface ce or tamp tamper er with with lawf lawful ul elec electi tion on propaganda;
Bona Bona fide fide candid candidate ates s and regist registere ered d
•
political parties running for nationally elec electi tive ve offi office ce are are enti entitle tled d to not not more than 120 minutes of TV advert advertise isemen mentt and 180 minute minutes s of radi radio o adve advert rtis isem emen entt whet whethe herr by purchase or by donation;
to preven preventt the distri distribut bution ion of lawful election propaganda
For For any any cand candid idat ate, e, poli politi tica call organization or any person: •
part party, y,
to give give or acce accept pt,, dire direct ctly ly or ind indire irectly ctly,, fre free of char charg ge, transportation, food or drinks or things of value during the five hours before and after a public meeting, on the day preceding the election, and on the day of the election;
Bona Bona fide fide candid candidate ates s and regist registere ered d
•
politic political al partie parties s runnin running g for locall locally y elec electi tive ve offi office ce are are enti entitle tled d to not not more than 60 minutes of TV adve advert rtis isem emen entt and and 90 minu minute tes s of radi radio o adve advert rtis isem emen entt whet whethe herr by purchase or by donation; •
•
Print advertisement advertisements s shall not exceed exceed 1/4 page, in broadsheet and 1/2 page in tabloids thrice a week per news newspa pape per, r, maga magazi zine ne,, or othe otherr publica publicatio tions, ns, during during the campa campaign ign period;
to give or contribute, directly or indire indirectl ctly, y, money money or things things of value for such purpose.
Badoy v COMELEC (35 ( 35 SCRA 285) The prohibition against certain forms of electi election on propa propagan ganda da was was upheld upheld as a valid valid exer exercis cise e of polic police e powe power, r, “to “to prev preven entt the the perver perversio sion n and prost prostitu itutio tion n of the electo electoral ral apparatus, and of the denial of due process of law.”
•
Broa Broadc dcas astt stat statio ions ns or enti entiti ties es are are requ requir ired ed to subm submit it copi copies es of thei theirr broa broadc dcas astt logs logs and and cert certifi ifica cate tes s of performance to the COMELEC for the review and verifica ication of the frequency, date, time and duration of adve advert rtis isem emen entt broa broadc dcas astt for for any any candidate or political party; All mass media entities are required to furnish the COMELEC with a copy of all contracts for advertising, promoting promoting or opposing opposing any political political party or the candidacy of any person
27 for public office within 5 days after its signing; •
No fran franch chis ise e or perm permit it to oper operat ate e a radio or TV station shall be granted or issued, suspended or cancelled during the election period.
Media practitioners Moreover, media practitioners who are officials of a political party or members of the campaign staff of a candidate or political party proh prohib ibite ited d from from using using their their medi media a time time or space to favor any candidate or political party. Media practitioner practitioners s or personali personalities ties who are candidates for any elective public office or are camp campai aign gn volu volunt ntee eers rs for for or empl employ oyed ed or retained in any capacity by any candidate or political party shall be deemed resigned, if so requir required ed by their their employ employer er,, or shall shall take take a leav leave e of abse absenc nce e from from thei theirr work work as such such during the campaign period. Public exhibitions No movie, cinematograph, or documentar documentary y portray portraying ing the life or biograph biography y of a candidate shall be publicly exhibited in a theater, TV station or any public forum during the campa campaign ign perio period. d. The same same is true true for movies, movies, cinematog cinematograph raphs s and document documentaries aries portrayed by actors or media personalities who are themselves candidates. Rallies, meetings and other political activity Application for permits to hold rally (Sec.
87, B.P. 881) The holding of peaceful political rallies during during the campa campaign ign perio period d is allowed. allowed. In order order to hold hold rallie rallies, s, polit politica icall partie parties s must must follow the requirements of local ordinances on the issuance issuance of of permits. permits. All applicati applications ons for permit permits s to hold hold meeting meetings, s, rallie rallies s and other other similar political activities must be immediately posted posted in a conspi conspicuo cuous us place place in the city or munici municipal pal buildi building, ng, and the recei receipt pt there thereof of acknowled acknowledged ged in in writing. writing. Such applicatio applications ns mus must be acted cted upon upon in writin iting g by loca locall authorities concerned within 3 days after the filing there thereof. of. If the applica application tion is not not acted acted upon within said period, it is deemed approved. The only justifiable ground for denial of the application for the permit is that a prior written application by any candidate or political party for the same purpose has been approved. Deni Denial al of any any appl applic icat atio ion n for for said said permit is appealable to the provincial election
supervisor or to the COMELEC whose decision shall be made within 48 hours and which shall be final and executory. Notification of election registrar (Sec. 88,
B.P. 881) The political party or candidate candidate must notify the election election registrar registrar of any rally. Within 7 working days, the political party or candidate must must subm submit it to the the elec electio tion n regi regist stra rarr the the expenses incurred during the rally. COMELEC space, poster area, time and information bulletin COMELEC space The COMELEC shall procure space in at least one newspaper of general circulation in every every provinc province e or city, city, or in the absenc absence e of such such newspa newspaper per,, in any other other magazi magazine ne or periodical in said province or city, which shall be known known as “COMEL “COMELEC EC Space Space.” .” COMELE COMELEC C space shall be allocated to the COMELEC upon paymen paymentt of just just compen compensat sation ion,, and shall shall be utilized exclusively by the COMELEC for public informatio information n dissemina dissemination tion on election-r election-relate elated d concerns. (Sec. 8, R.A. 9006) Phil. Press Institute v. COMELEC The Supreme Court declared sec. 2 of COMELE COMELEC C Resolu Resolutio tion n 2722 2722 compel compelling ling print print media companies to donate “COMELEC Space” as null and void. Sec. 2 does does not constitute constitute a valid exercise of the power of eminent domain. The element of necessity for the taking has not been shown by by COMELEC. There is no showing that that the the memb member ers s of the the Phili Philipp ppin ine e Pres Press s Institute are unwilling to sell print space. Furthermore, it has not been demon demonstr strate ated d that that the COMELE COMELEC C has been been granted the power of eminent domain by the Constitutio Constitution n or the Legisla Legislature ture.. In addition, addition, sec. 2 does not constitute a valid exercise of police police powe power. r. First, First, there there was no effor effortt to show show that that polic police e power power was consti constitut tution ionall ally y dele delega gate ted d to the COME COMELE LEC. C. Seco Second nd,, no attempt was made to demonstrate that a real and palpable or urgent necessity for the taking of print space confronted the COMELEC. Thus, COMELEC cannot procure procure print spac space e with withou outt payi paying ng just just comp compen ensa sati tion on therefor. COMELEC time The COMELEC shall likewise air time in at least 1 major broadcasting station or entity in every province or city, or in the absence of such entity, in any radio or TV station in said prov provin ince ce or city city,, whic which h shall shall be know known n as
28 "COMELEC time." Such COMELEC time shall be be allocated to the COMELEC free of charge, and shall be utilized utilized exclusively exclusively by the COMELEC COMELEC for for publ public ic info inform rmat atio ion n diss dissem emin inat atio ion n on election-related concerns. (Sec. 8, R.A. 9006) Tele Teleco comm mmun unic icat atio ions ns and and Broa Broadc dcas astt Attorneys of the Philippines v. COMELEC (289 SCRA 337) In this case, which questioned the COMELEC's power power under Sec. 92, BP 881 to requir require e TV stations to give air time for candidates free of charg charge, e, the Supre Supreme me Court Court held held that that such such power power is valid valid and consti constitut tution ional, al, being being an exerci exercise se of the plenary plenary polic police e power power of the State State to promot promote e the general general welfar welfare. e. The Court gave the following reasons: (1) All broadcasting, whether by radio or
TV, is licensed licensed by the government, government, and the fra franchise iss issued to a broadcast station is always subject to amendment, alteration or repeal by Congre Congress ss when when the commo common n good good requires. There is no better measure for the common good than one for free airtime for the benefit not only of the candidates but even more of the public, particularly the voters, so that that they they will will be info inform rmed ed of the the issues in an election, for after all, it is the the right ight of the view iewers ers and and listene listeners rs,, not not of the broad broadcas caster ters, s, that is paramount. (2) The COMELEC does not take over the
oper operat atio ion n of radi radio o and and tele televi visi sion on statio stations, ns, but only only the alloca allocatio tion n of airtime to the candidates, to ensure equal opportunity, time and the right to reply, as mandated by the Constitution. (3)
There are substantia substantiall distinctio distinctions ns in the characteri characteristics stics of the broadcast broadcast media from those of the print media which justify the different treatment accorded to each for purposes of free speech, viz: the physical limitations of the the broa broadc dcas astt spec spectr trum um,, the the uniquely uniquely pervasive pervasive presence presence of the broadc broadcast ast media media in the lives lives of all Filipinos, and the earlier ruling that the freedom of TV and radio broadcasting is somewhat lesser than the freedo freedom m acc accord orded ed to the print print media.
COMELEC poster area (Sec. 9, R.A. 9006) The COMELEC COMELEC may authorize political parties and party-list groups to erect common poster areas for their candidates in not more than 10 public places such as plazas, markets,
bara barang ngay ay cent center ers s and and the the like like,, wher wherei ein n cand candid idat ates es can can post post,, disp displa lay y or exhi exhibi bitt propa propagan ganda. da. Such Such poster poster areas areas shall shall not exceed 12 feet by 16 feet or its equivalent. For indepe independe ndent nt candid candidate ates s with with no political parties, the size of the common poster area must not exceed 4 feet by 6 feet or its equivalent. COMELEC COMELEC informat information ion bulletin bulletin (Sec. Sec. 93, 93,
B.P. 881) The COMELEC shall cause the printing and supervise supervise the dissemina dissemination tion of bulletins bulletins which shall contain the picture, picture, bio-data and program of government of every candidate. Any Any cand candid idat ate e can can repr eprint int thes these e bulletins, bulletins, provided provided it is an exact exact replica replica and shall bear the candidate candidate’s ’s name who caused caused the reprint and the printer’s name. COMELEC official sample ballot (Sec. 185,
B.P. 881, as amended by R.A. 7904) At least 30 days before an election, the COMELEC shall furnish every registered voter with with an unfill unfilled ed offici official al sampl sample e ballot ballot,, voter voter information sheet, and a list of all registered national, provincial and city candidates to be voted in the said election. The information sheet shall include the voter's voter's name, address, address, the precinct precinct and the place place where where he is regis register tered, ed, and simpli simplifie fied d instru instructi ctions ons as to the casting casting of votes. votes. The names names of the candid candidate ates s shall shall be listed listed in alphabetical order under their respective party affil affilia iati tion on and and a oneone-li line ne stat statem emen entt not not to exc exceed 3 word ords of their heir occup ccupa atio tion or profe professi ssion. on. Perso Persons ns nomina nominated ted under under the the party-list system shall likewise be included in the above-mentioned list. Public forum (Sec. 9, R.A. 6646) The COMEL COMELEC EC shall shall encour encourage age nonnonpolit olitic ica al nonnon-p parti artisa san n privat ivate e or civic ivic organization to initiate and hold in every city and and muni munici cipa palit lity, y, publ public ic for for a at whic which h all all registered candidates for the same office may simultaneo simultaneously usly and personally personally participa participate te to pres presen ent, t, expl explai ain n and/ and/or or deba debate te on thei theirr campaign campaign platforms and program programs s and other other like issues. The COMEL COMELEC EC shall shall prom promulg ulgate ate the rules and regulations for the holding of such to assure its non-partisan character and equality of access thereto by all candidates. Election surveys
29 6, 2001, for details.) (Sec. 5, R.A. 9006) Exit polls
Election surveys, defined Election surveys refer to th e measurem measurement ent of opinions opinions and perceptio perceptions ns of the voters as regards a candidate's popularity, qualifications, platforms or a matter of public discussion in relation to the election, including voters' voters' preferenc preference e for candidates candidates or publicly publicly discussed issues during the campaign period.
(Sec. 5.5, R.A. 9006) Exit polls may only be taken subject to the following requirements: •
Informat Information ion required required to be publish published ed in the survey During the election period, any person, natu natura rall as well well as juri juridi dica cal, l, cand candid idat ate e or organ organiza izatio tion n who publis publishes hes a survey survey must must likewise publish the following information: •
•
•
• •
•
The name of the person, candid candidate ate,, party party or organi organizat zation ion who commissioned or paid for the survey; The name of the person person,, polli polling ng firm firm or survey survey organ organiza izatio tion n who who conducted the survey; The The perio eriod d dur during ing whic which h the the survey was conducted, th e methodolo methodology gy used, used, including including the number number of individual individual responde respondents nts and and the the area areas s from from whic which h they they were were selec selecte ted, d, and and the the spec specif ific ic questions asked; The margin of error of the survey; For each quest question ion for which which the marg margin in of erro errorr is grea greate terr than than that reported above, the margin of error for that question; and A mailing mailing address address and telephone telephone number, ind indica icating it as an addres address s or telep telephon hone e numbe numberr at which the sponsor can be cont contac acte ted d to obta obtain in a writ writte ten n repo report rt rega regard rdin ing g the the surv survey ey in accord acc ordanc ance e with with Sec. Sec. 5.3 of R.A. R.A. 9006.
It must must be noted that Sec. 5.4 which which prohibits prohibits the publicatio publication n of surveys 15 days (for national candidates) or 7 days (for local candidates candidates)) before before an election election was declared unconstitutional by the Supreme Court upon a petiti petition on filed filed by the Manila Standard Standard and Soci Social al Weat Weathe herr Stat Statio ion, n, Inc. Inc. (SWS (SWS)) The The decisi decision, on, which which was was penne penned d by Justic Justice e V.V V.V.. Mendoza, stated that the provision "constitutes an unconstitutional abridgment of freedom of spee speech ch,, expr expres essi sion on and and the the pres press… s… as it imposes prior restraint and therefore, a direct and and tota totall supp uppressi essio on of a cat categor egory y of expressio expression n even for a limited limited period period." ." ( Exact
title of case and citation not available as of this writing. See front page page of Philippine Philippine Star, May
•
•
•
Poll Pollst ster ers s shal shalll not not cond conduc uctt thei theirr surveys within 50 meters from the polling place, whether said survey is taken in a home, dwelling place and other places; Poll Pollst ster ers s clothing;
shal shalll
wear wear
dist distin inct ctiv ive e
Pollsters shall inform the voters that they may refuse to answer; and The result of the exit polls may be announ announced ced after the closin closing g of the poll polls s on elec electi tion on day, day, and and must must clearly identify the total number of responde respondents, nts, and the places places where where they we were ta taken. Said announ announcem cement ent shall shall state state that that the same same is unof unoffi fic cial ial and and does does not not represent a trend.
ABS-CBN v. COMELEC ( January 28, 2000) In this case, the Supreme Court held that exit exit polls are are valid. valid. They do do not violate violate the principle of secrecy of the ballot since such polls are purely voluntary on the part of the voter and do not require him or her to reveal his or her ballot. ELECTION CONTRIBUTIONS & EXPENDITURES Contributions Contributions defined (Sec. 94a, B.P. 881) "Contribution” includes a gift, donation, subs subscr crip ipti tion on,, loan loan,, adva advanc nce e or depo deposit sit of money money or anythi anything ng of value, value, or a contra contract, ct, promise or agreement to contribute, whether or not not lega legall lly y enfo enforc rcea eabl ble, e, made made for for the the purp purpos ose e of infl influe uenc ncin ing g the the resu result lts s of the the elec electi tion ons s but but shal shalll not not incl includ ude e serv servic ices es rendered without compensation by individuals volunteering a portion or all of their time in behalf of a candidate or political party. It shall also include the use of facilities voluntarily donated by other persons, the money value of which can be assessed based on the rates prevailing in the area.
30 Prohibited contributions (Sec. 95, B.P. 881) No cont contrribut ibutio ion n for for purp urposes oses of partisan political activity shall be made directly or indirectly by any of the following: •
Public or private financial institutions. However, they are not prohibited from maki making ng any any loan loan to a cand candid idat ate e or political party if:
It is unlawful for any person to solicit or receiv receive e any contribu contributio tion n from from any of the persons or entities enumerated. Prohibited raising of funds It is unlawful for any person to hold the following for the purpose of raising funds for an election campaign or for the support of any candidate from the commencement of the electi election on period period up to and includ including ing electi election on day: •
(a) the financial financial institution institutions s are leg legally lly in the the bus busines iness s of lending money,
(b)
the loan is made in acco accorrdanc dance e with with laws laws and and regulations; AND, (c) the loan is made in the ordinary course of business.
•
•
•
•
•
•
•
Natural and juridical persons operating a public utility or in possession of or exploiting any natural resources of the nation; Natural and juridical persons who hold contra contracts cts or sub-co sub-contr ntract acts s to supply supply the government or any of its divisions, subdivisi subdivisions ons or instrument instrumentalitie alities, s, with goo oods ds or serv ervices ices or to perfo erforrm construction or other works; Natural and juridical persons who have been been grant granted ed franch franchise ises, s, incent incentive ives, s, exem exempt ptio ions ns,, allo alloca cati tion ons s or simi simila larr priv privil ileg eges es or conc conces essi sion ons s by the the govern governmen mentt or any of its divisi divisions ons,, subd subdiv ivis isio ions ns or instr instrum umen enta tali litie ties, s, including GOCCs; Natu Natura rall and and juri juridi dica call pers person ons s who, who, within 1 year prior to the date of the election, election, have been granted granted loans or other other acc accom ommod modati ations ons in exces excess s of P100,000 by the government or any of its divisions, subdivisions or instrumentalities including GOCCs; Educat Education ional al instit institutio utions ns which which have have rece eceived ived grants ants of publi ublic c fund funds s amounting to no less t h an P100,000.00; Offic Officia ials ls or empl employ oyee ees s in the the Civi Civill Serv Servic ice, e, or memb member ers s of the the Arme Armed d Forces of the Philippines; Foreigner Foreigners s and foreign foreign corporat corporations, ions, including including foreig foreign n governm governments. ents. (Sec.
96, BP 881)
• • • • • • •
dances, lotteries, cockfights, games, boxing bouts, bingo, beauty contests, entertainments, or cinematographic, theatrical or other performances
It is unlawful for any person or organization, whether civic or religious, directly or indirectly, to solicit and/or accept from any cand candid idat ate e for for publi ublic c offi offic ce, or from from his his campaign manager, agent or representative, or any person person acting acting in their their behal behalf, f, any gift, food, food, transpor transportation tation,, contributio contribution n or donation donation in cash or in kind from the commencement of the election period up to and including election day. Note Note,, however ever,, tha that normal mal and and cust custom omar ary y reli religi giou ous s stip stipen ends ds,, tith tithes es,, or collections on Sundays and/or other designated coll collec ecti tion on days days,, are are excl exclud uded ed from from this this prohibition. Expenditures Expenditures defined (Sec. 94b, BP 881) “Expenditure" includes the payment or delivery of money of anything of value, or a contract, contract, promise or agreemen agreementt to make an expenditure, for the purpose of influencing the results of the election. It shall also include the use use of faci facili litie ties s pers person onal ally ly owne owned d by the the candidate, the money value of the use of which can be assessed based on the rates prevailing in the area. Limitations on expenditures (Sec. 13, R.A. 7166) The aggregate amount that a candid candidate ate or regis register tered ed politi political cal party party may spend spend for an electi election on campai campaign gn shall shall be as
31 follows:
(j)
For copying and classifying list of voters, inv investigating ing an d challenging the right to vote of person persons s regist registere ered d in the list; list; such such cost costs s shal shalll not not be take taken n into account in determining the amou amount nt of expe expens nses es whic which h a candidate or political party may have incurred;
For Candidates •
President and Vice-President: P 10 for every every voter voter curren currently tly registered
•
Other Candidates: P 3 for every voter voter current current register registered ed in the constituency where he filed his certificate of candidacy
•
(k)
Candid Candidate ates s Withou Withoutt a Pol Politi itical cal Party: P 5 for every voter
For Political Parties P 5 for ever every y vote voterr curr curren ently tly registered in the constituency or cons consti titu tuen enc cies ies wher where e it has has official candidates Lawful expenditures (Sec. 102, B.P. 881) No candidate or treasurer of a political party party shall, shall, direct directly ly or indire indirectl ctly, y, make make any expenditure except for the f ollowing purposes:
(a) For
traveling expenses of the cand candid idat ates es and and camp campai aign gn personnel in the course of the camp campai aign gn and and for for pers person onal al expenses incident thereto; (b) For compensation of campaigners, clerks, stenograp stenographers, hers, messenger messengers, s, and and othe otherr pers person ons s actu actuall ally y employed in the campaign; (c) For For tele telegr grap aph h and and tele teleph phon one e tolls olls,, posta ostag ge, frei freig ght and and express delivery charges; For stat statio ione nery ry,, prin printi ting ng and and (d) For distri distribut bution ion of print printed ed matter matters s relative to candidacy; (e) For employment of watchers at the polls; For For rent, ent, maint ainten enan anc ce and and (f) furnishing of campaign headquarters, office or place of meetings; (g) For political meetings and rallies and the use of sound systems, ligh lights ts and and deco decora ratio tions ns duri during ng said meetings and rallies; (h) For newsp newspape aper, r, radio, radio, TV and other public advertisements; (i) For employment of counsel, the cost of which shall not be taken into account in determining the amount of expenditures which a candidate or political party may have incurred;
For print printing ing sample sample ballot ballots s in such such color color,, size size and maximu maximum m number as may be authorized by the COMELEC, COMELEC, such costs not to be taken in t o account in dete etermin mining ing the amoun mountt of expenses expenses which a candidate candidate or political party may have incurred;
Persons authorized to incur expenditures (Sec. 103, B.P. 881) Only the follo llowing ing persons are permitted by law to make any expenditure in support of or in opposition to any candidate or political party: • • •
The candidate; The treasurer of a political party; Any person person author authorize ized d by such such candidate or treasurer.
Expend Expenditu itures res duly duly author authorize ized d by the candidate or the treasurer of the political party shall be consider considered ed as expenditu expenditures res of such candidate candidate or politica politicall party. party. The authority authority to incur expenditures must: (1) be in writing; (2) be sign signed ed by the the cand candid idat ate e or the the treasurer of the party; (3) show the expenditures so authorized; (4) state the full name and exact address of the person so designated; and (5) be furnished the COMELEC.
Prohibited donations (Sec. 104, B.P. 881) No candidate, his or her spouse or any rela relati tive ve with within in the the seco second nd civi civill degr degree ee of cons consan angu guin inity ity or affin affinit ity, y, or his his camp campaig aign n manager, agent or representative shall during the campaign period, on the day before and on the day of the election, directly or indirectly, make any donation, contribution or gift in cash or in kind, or undertake or contribute to the construction or repair of roads, bridges, school buses, puericulture centers, medical clinics and hosp hospit ital als, s, chur hurche ches or chap chapel els s cemen ementt pavements, or any structure for public use or for the use of any religious or civic
32 organization. The The same same pro prohibit ibitio ion n appli pplies es to treasurer treasurers, s, agents agents or represent representative atives s of any political party. Normal Normal and customary customary religious dues or contributio contributions, ns, such as religious religious stipends, stipends, tith tithes es or coll collec ecti tion ons s on Sund Sunday ays s or othe otherr designated collection days, as well as periodic payme ayment nts s for for leg legitim itima ate scho cholar larship hips established and school contributions habitually made made befo before re the the proh prohib ibit ited ed peri period od,, are are excluded from the prohibition. Duties of candidates and political parties Accounting of contributions and expenditures
(Sec. 105, B.P. 881) Every person receiving contributions or incurr incurring ing expend expenditu itures res by author authority ity of the candidate or treasurer of the party shall, on demand by the candidate or treasurer of the party, party, rende renderr to the candid candidate ate or treasu treasurer rer concer concerned ned a detail detailed ed acc accou ount nt there thereof of with with prope properr voucher vouchers s or official official receip receipts. ts. Such Such accounting must be given within 5 days after receiving receiving such contributio contribution n or incurring incurring such expenditure. Keeping of detailed records of contributions and expenditures Keeping of records Every Every candidate candidate and treasure treasurerr of the party party shall shall keep keep detaile detailed, d, full, full, and acc accura urate te reco record rds s of all all cont contri ribu buti tion ons s rece receiv ived ed and and expend expenditu itures res incurr incurred ed by him and by those those acting under his authority, setting forth therein all information required to be reported. (Sec.
106b, B.P. 881) Issuance of receipt Ever Every y cand candid idat ate, e, trea treasu sure rerr of the the politic political al party, party, and person person acting acting under under the authority authority of such candidate candidate or treasurer treasurer has the duty to: (1) issue a receipt for every contribution received; and (2) keep a receipt stating the particulars of every expenditure made.
Preservation of records Records of contributions and expenditures must be preserved for at least 3 years after the holding of the election to which they pertain, for their production for inspection
by the the COME COMELE LEC C or its its duly uly autho uthorrize ized repr repres esen enta tati tive ve,, or upon upon pres presen enta tati tion on of a subpoena duces duces tecum duly duly issu issued ed by the the COMELEC. Failure of the candidate or treasurer to preserve such records or documents shall be deemed prima prima facie facie evidence evidence of violation violation of this provision provision of law. law. (Sec. 106c, B.P. 881) Filing of Statement of Contributions and Expenditures Duty to file Within 30 days after election day, the candid candidate ate and the treas treasure urerr of the polit politica icall party party must must file file with with the COMEL COMELEC EC duplic duplicate ate copies of the full, true and itemized statement of all all cont contri ribu buti tion ons s and and expe expend ndit itur ures es in connectio connection n with the electio election. n. (Sec. 14, R.A.
7166) This requirement to file the statement covers even those who withdrew as candidates after after having having filed filed their their certifi certificat cates, es, becaus because e Sec. Sec. 14 of R.A. R.A. 7166 7166 does does not not make make any any distinction. (Pilar v. COMELEC, 245 SCRA 759) Duty Duty of elec electi tion on regi regist stra rar r candidates of their duty
to
advi advise se
It is the duty of the city or municipal election registrar to advise in writing, either by personal delivery or by registered mail, within 5 days from the election date, all candidates to comp comply ly with ith the the oblig ligati ation to fil file their heir statements. (Sec. 14, R.A. 7166) Form and contents of statement The The stat statem emen entt shal shalll be in writi writing ng,, subscribed and sworn to by the candidate or by the treasurer of the party, shall be complete as of the date next preceding the date of filing, and shall set forth in detail the following: (a) the amount of contribution, date of receipt, and the full name and exact address of the person from whom the the cont contrribut ibutio ion n was received; (b) the amount of every expend expenditu iture, re, the date date thereo thereof, f, the full name and exact address of the person to whom payment was made, made, and the purpo purpose se of the expenditure; (c) any unpaid obligation, its nature and amount, and to whom said obligation is owing; and (d) such other particulars which the COMELEC may require.
If the candida candidate te or treasure treasurerr of the
33 party party has received no contribut contribution, ion, made no expenditure, or has no pending obligation, the statement statement shall shall reflect reflect such fact. fact. (Sec. 109,
B.P. 881) Effect of Failure to File No person elected to any public office shall enter upon the duties of his office until he has filed filed the statem statement ent of contr contribu ibutio tions ns and expenditures. (Sec. 14, R.A. 7166) The same prohibition also applies if the political party of the the winn inning ing cand candid ida ate fail fails s to file file the the statement within the required period Failure to file the required statements or repo report rts s cons consti titu tute tes s an admi admini nist stra rati tive ve offe offens nse. e. Offe Offend nder ers s are are liab liable le to pay pay an administrative fine ranging from P 1,000.00 to P 30,000.00. Such fine shall be paid within 30 days days from from receip receiptt of notice notice of such such failur failure; e; othe otherw rwis ise, e, the the COME COMELE LEC C shal shalll enfo enforc rce e the the same by issuing a writ of execution against the properties of the offender. The commission commission of a second second or subseq subsequen uentt offens offense e under under this this section subjects the offender to an increased fine ranging from P 2,000.00 to P 60,000.00, and and to a perp perpet etua uall disq disqua uali lific ficat atio ion n to hold hold office. (Sec. 14, R.A. 7166)
Excep Except: t: office
Candid Candidate ates s for electiv elective e barangay barangay
(c)
File with the COMELEC COMELEC a report report settin setting g forth forth the full names names and exact addresses of the candidates, treasurer treasurers s of political political parties and othe otherr per persons sons incu incurr rrin ing g such such exp expend enditur itures es,, the the natu naturre or purpose of each expenditure, the date and costs thereof, and such other particulars as the COMELEC may requir require e with within in 30 days days after after the day of the election. election. The The repo report rt shal shalll be sign signed ed and and sworn to by the supplier ier or contractor, or by the president or gene genera rall mana manage gerr in case case of a busine business ss firm. firm. (Sec. Sec. 112, 112, B.P. B.P.
881) Repeal of Sec. 105-112 of B.P. 881 as election offenses Prior Prior to R.A. R.A. 7166, 7166, failur failure e to comply comply with the duties imposed by Sec. 105-112 of B.P.. 881 consti B.P constitut tuted ed electi election on offens offenses es that that were punishable under Art. 262 of B.P. 881. However, However, Sec. 39 of R.A. 7166 repealed repealed the incl inclus usio ion n of said said prov provis isio ions ns as elec electi tion on offenses, with such repeal to have retroactive effect. THE ELECTION PROPER
Pilar vs. COMELEC (245 SCRA 759) The The Supr Suprem eme e Cour Courtt said said that that the the requirement to file the statement covers even thos those e who who WITH WITHDR DREW EW as cand candid idat ates es afte afterr having filed their certificates because sec 14, RA 7166 does not make any distinction. Duties of contractors, suppliers and business firms Persons or firms to whom any electoral expenditure is made have the duty to: (a) Require every agent of a candidate or of the the trea treasu sure rerr of a polit politic ical al party party to present present written written authority authority to incur incur electo electora rall expend expenditu itures res in behalf of such candidate or treasurer.
(b) Keep
and preserve at its place of busine business ss for a period period of 3 years years after the date of the election copies of such written authority, contracts, vouc oucher hers, inv invoices ices and and other ther records and documents relative to said said exp expend enditur iture es, subje ubjec ct to inspection by the COMELEC or its authorized representative. representative.
IN GENERAL What constitutes an election An election is constituted when there is a plur plurali ality ty of vote votes s suffi suffici cien entt for for a choi choice ce conditioned on the plurality of valid votes or a valid constituency constituency regardle regardless ss of the actually actually number of of votes cast. Otherwise, there would be no winner. It is not necessary that a majority of vote voters rs shou should ld have have elec electe ted d the the winn winnin ing g candidate. candidate. Even if a candida candidate te wins due due to a minority vote, if the election is lawfully held, a plurality of the majority is sufficient. Those who did not vote are assumed to assent to the action of those who voted. Failure of elections Grou Ground nds s for for elections
decl declar arat atio ion n
of
fail failur ure e
of
In the case of Joseph Peter Sison v. COMELEC (G.R. No. 134096, March 3, 1999), the Supreme Court said that there are only 3 instances where a failure of elections may be declared, namely:
34 (1) The
election election in any polling polling place place has not been held on the date fixed on account of force force majeur majeure, e, violence, terrorism, fraud, or other analogous causes;
(2) The
election election in any polling polling place place had had been been susp suspen ende ded d befo before re the the hour fixed by law for the closing of the the voti voting ng on acco accoun untt of force majeure, violence, terrorism, fraud, or other analogous causes; and
(3) Afte Afterr
the the voti voting ng and and duri during ng the the preparation and transmission of the election returns or in the custody or canv canvas ass s ther thereo eoff such such elec electi tion on resu result lts s in a fail failur ure e to elec electt on account of force majeure, violence, terrorism, fraud or other analogous causes.
The The caus causes es for for the the decl declar arat atio ion n of a failure of election may occur before or after the casting of votes or on the day of the election. (Sec. 4, R.A. 7166) How declared The declaration of a failure of election is decide decided d by the COMEL COMELEC EC en banc banc by a majority majority vote vote of of its member members. s. (Sec. 4, R.A.
7166)
The declaration of a postponement of election is decided by the COMELEC en banc by a majority majority vote of its members. (Sec. 4, R.A.
7166) Holding of election The COMELEC shall call for the holding of the election on a date reasonably close to the date of the election not held, suspended, or which resulted in a failure to elect but not later than 30 days after the cessation of the cause for such postponement or suspension of the electio election n or failure failure to to elect. elect. (Sec. 5, B.P.
881) Special election (Sec. 4, R.A. 7166) In case a permanent vacancy occurs in the Senate Senate or House House of Repre Represen sentat tative ives s at least 1 year before the expiration of the term, the the COME COMELE LEC C shal shalll call call and and hold hold a spec specia iall election to fill the vacancy not earlier than 60 days ays nor nor long longer er than than 90 days ays afte afterr the the occurrence of the vacancy. However, in case of such vacancy in the Senate, the special election shall be held simult simultane aneous ously ly with with the succee succeedin ding g regula regularr election. CASTING OF VOTES
Procedure for declaration of failure of elections shall be discussed in the last part of this reviewer. Holding or continuation of election The COMELEC shall call for the holding or cont contin inua uati tion on of the the elec electi tion on on a date date reasonably close to the date of the election not held, suspended, or which resulted in a failure to elect but not later than 30 days after the cessation of the cause of such suspension or failure to elect. (Sec. 6, B.P. 881) Postponement of elections Grounds for postponement of elections An election may be postponed by the COMELEC COMELEC either either motu motu propr proprio io or upon a verified petition by any interested party when there is violence, terrorism, loss or destruction of electi election on paraph paraphern ernalia alia or recor records, ds, force majeure, or other analogous cause of such a nature that the holding of a free, orderly and honest honest electi election on become becomes s imposs impossibl ible e in any political subdivision. (Sec. 5, B.P. 881) How declared
Secrecy of the Ballot The distinguishing feature of this mode of voting, is that every voter is thus enabled to secure secure and preserve preserve the most complete complete and violab violable le secrec secrecy y in regard regard to the person person for whom hom he votes tes, and and thus hus esc escapes apes the influe influence nces s which, which, under under the system system of oral oral suffrages, may be brought to bear upon him with a view to overbear and intimidate, and thus thus prev preven entt the the real real expr expres essi sion on of publ public ic sentiment. A legal voter will not be compelled to disclose disclose for whom whom he voted. Moreover Moreover,, third pers person ons s are are not not perm permit itte ted d to test testify ify to its purport. The voter may, however, if he chooses, waive his privilege of secrecy and voluntarily disclose the contents of his ballot. Thus, it was held held in the the case case of ABS-CBN ABS-CBN v. COMELEC COMELEC (January (January 28, 200 2000) 0) that that exit exit polls polls are valid valid since they are voluntary and do not require a voter to reveal the contents of his or her ballot if he or she does not want to. Method of voting
35 Voter must vote in person. The voter must personally deposit his ballot. By the principle that what is done in one’s presence and by his express direction is, in law, his act, an infirm or aged voter may undoubted undoubtedly ly employ employ another another to perform perform the mechan mechanica icall act of depos depositin iting g in the voter voter’s ’s presence the ballot which the latter has himself selected. Voter must vote but once. Each voter shall vote but once, at any election, for each office or measure to be voted for. Voter need not vote the whole ticket. It is entire entirely ly optio optional nal with with the voter whether he will vote at all or not, and he may vote vote for such offices offices as he chooses chooses and for such of the several persons to be chosen to the same office as he prefers.
EXCEPT EXCEPTION ION:: When When there there are are voters voters present within 30 meters in front of the polling place who have not yet cast their vote votes, s, in whic which h case case the the votin voting g shal shalll continue but only to allow said voters to cast their votes without interruption. The poll clerk shall prepare prepare a complete complete list cont contai aini ning ng the the name names s of said said vote voters rs consecutively numbered, and the voters so list listed ed shal shalll be call called ed to vote vote by announcing each name repeatedly three time times s in the the orde orderr in whic which h they they are are listed. Any voter in the list who is not present when his name is called out shall not be permitted to vote. Board of Election Inspectors At least 30 days before the date when the voters list is to be prepared, in the case of a regular election or 15 days before a special elec electi tion on,, the the COME COMELE LEC C shal shall, l, dire direct ctly ly or through through its duly authorized authorized represent representative atives, s, constitute constitute a board board of election election inspectors inspectors for each precinct. Composition
Absentee Voting Under Under RA 7166, 7166, absent absentee ee voting voting as prov provid ided ed for for in EO 157 157 shal shalll appl apply y to the the electi elections ons for Presid President ent,, Vice-P Vice-Pre resid sident ent,, and Senators ONLY and shall be limited to:
The The Boar Board d of Elec Electi tion on Insp Inspec ecto tors rs is composed of three (3) persons, namely: • • •
• • •
members of the AFP members of the PNP other government employees
offi fficers
and
who are duly registered voters and who, on election day, may temporarily be assigned in conn connec ecti tion on with with the the perf perfor orma manc nce e of thei theirr election duties to places where they are not registered voters.
The entire Board shall be composed of public school teachers, priority to be given to those those with with perman permanent ent appoin appointme tments nts.. (Sec.
164, BP 881, as amended by Sec. 13, R.A. 6646) However, in case there are not enough public public school school teachers, teachers, the following following may be appointed for election duty: • •
Block Voting •
There is no longer block voting under current Philippine Election Laws, having been expressly prohibited by Art. IX-C, Sec. 7 of the 1987 Constitution. However, it must be noted that under the party-list system, votes may be counted in favo favorr of polit politic ical al part partie ies, s, orga organi niza zati tion ons s or coalitions rendered rendered under under said system. system. This, in a way, may be construed as the exception to the prohibition on block voting. Voting Hours GENERAL GENERAL RULE: RULE: The casting casting of of votes votes shall be at 7 a.m. and shall end at 3 p.m.
chairman poll clerk member
teachers in private schools; emp employ loyees in the civil ivil service; or othe otherr citi citize zens ns of know known n prob probit ity y and and comp compet eten ence ce who are registered registered voters of the city or municipality
Qualifications 1) publ public ic scho school ol teac teache hers rs 2) be of good moral character and irreproachable reputation 3) a registered voter of the City or municipality 4) neve neverr been been conv convic icte ted d of any elect electio ion n offense or any other crime punishable by more than 6 months imprisonment 5) able able to spea speak k and writ write e Engli English sh or the the local dialect Disqualifications
36 1)
th
must not be related within the 4 civil degree by consanguinity or affinity to any any memb membe er of the the BEI BEI or to any any candidate to be voted for in the polling places 2) must not engage in any partisan political activity
Powers of the Board of Inspectors (Sec. 168, BP 881)
•
•
Conduct the voting and counting of votes votes in their their respe respecti ctive ve pollin polling g places; Act as deputies of the Commission in the supervision supervision and control control of the electi election on in the pollin polling g places places wher wherei ein n they they are are assi assign gned ed,, to assure the holding of the same in a free, orderly and honest manner; Perf Perfor orm m such such othe otherr func functi tion ons s prescribe ibed by the Omnibu ibus Election Code or by the rules and regula regulatio tions ns promu promulga lgated ted by the COMELEC
Proceedings Shall be public and held only in the polling places. Exception: the counting of the votes and the preparation of the return may be done in the the near neares estt safe safe bara barang ngga gay y or scho school ol building within the municipality BY unanimous vote vote of the the boar board d and and conc concur urre red d in by the the major majority ity of the watche watchers rs prese present nt IF there there is immin imminen entt dang danger er of viol violen ence ce,, terr terror oris ism, m, disorder or similar causes. The BEI shall act through its Chariman, Chariman, and shall decide without delay by majority vote all questions which may arise in the performance of its duties. Proh Prohib ibit itio ions ns on the the Inspectors
Each candidate and each political party or coalition of political parties duly registered with ith the Commiss ission includ luding ing those partic participa ipatin ting g under under the party party list list system system of representation, may appoint two watchers, to serve alternately, in every polling place.
Election
The board of election inspectors shall have the following powers and functions: •
Watchers
Boar Bo ard d of Elec Electi tion on
No member of the Board shall, before the the term termin inat atio ion n of the the votin oting, g, make make any any anno announ unc cemen ementt as to wheth hether er a cer certain tain registered voter has already voted or not, as to how many have already voted or how many so far far have have fail failed ed to vote vote,, or any any othe otherr fact fact tending to show or showing the state of the polls, nor shall he make any statement at any time as to how any person voted, except as witness before a court. court. (Sec. 205, BP 881)
However, However, candidate candidates s for Sanggunian Sangguniang g Panl Panlal alaw awig igan an,, Sang Sanggu guni nian ang g Luns Lunsod od and and Sanggu Sanggunia niang ng Bayan, Bayan, belong belonging ing to the same same ticket ticket or slate slate shall shall collec collectiv tively ely entitl entitled ed to 1 watcher. Duly accredited accredited citizens’ arms of the Commi Commissi ssion, on, shall shall be entitle entitled d to appoin appointt a watcher watcher in every every polling polling place. place. Other civic, civic, relig religio ious us,, prof profes essi sion onal al,, busi busine ness ss,, serv servic ice, e, youth youth,, and other other simila similarr organi organizat zation ion,, with with prior authority from the Commission, shall be entitled entitled collectively, collectively, to appoint appoint 1 watcher watcher in polling place. Qualifications: 1) Qualified voter of the city or municipality 2) Good Good rep reput utat atio ion n 3) Neve Neverr been been convi convict cted ed of any any elec electi tion on offence or any crime 4) Know Knows s how to read read and and write write Engli English sh,, Pilipino or any of the prevailing local dialects 5) Not related within the 4th civil degree by cons consan angu guin init ity y or affi affinit nity y to any any member of the BEI in the polling place wher where e he seek seeks s appo appoin inttment ment as watcher. Rights and duties: 1) Stay Stay in the the spac space e rese reserv rved ed for for then then inside the polling place 2) Witn Witnes ess s and and infor inform m them themse selv lves es of the the proceedings of the BEI 3) Take notes, photographs of proceedings 4) File prote protests sts agains againstt any irregu irregular laritie ities s or violation of law 5) Be furnished with a certificate of the number of votes cat for each cand candid idat ate, e, duly duly sign signed ed and and thum thumb b marked by the members of the BEI. CASTING OF VOTES Authentication of the ballot In every every cas case, e, before before deliv deliveri ering ng official ballot to the voter, the chairman of Board Boa rd of Electi Election on Inspec Inspector tors s shall shall affix affix sign signat atur ure e at the the back back of the the ballo ballott in presence of the voter.
an the his the the
Failure to authenticate shall be noted
37 in the minut inutes es of the the Board ard of Ele Electio tion Inspec Inspector tors s and shall shall consti constitut tute e an electi election on offense. (Sec. 24, R.A. 7166) The There is noth nothin ing g in the the law law that that prov provid ides es that that a ballo ballott whic which h has has not not been been authenticat authenticated ed shall be deemed deemed spurious. spurious. The law merely makes the Chairman of the Board of Election Inspectors accountable for such an omission. (Libanan v. HRET, G.R. No. 129783, Thus,, it was was held held in December December 22, 199 1997) 7) Thus Punzalan v. COMELEC (289 SCRA 702) that the ballot is valid even if it is not signed at the back by the BEI Chairman. Preparing the ballot and voting (1) The voter, upon receiving his folded folded ballot, ballot, shall shall forthwith forthwith proceed to one of the empty voting booths and shall ther there e fill fill his his ball ballot ot by writ writin ing g in the the proper space for each office the name of the the indi indivi vidu dual al cand candid idat ate e for for whom whom he desires to vote. No voter shall be allowed: •
to enter a booth occupied by another, nor enter the same same acco accomp mpan anie ied d by someb mebody ody, exc except ept as provided for in th e succeeding section hereof;
Preparation of Ballots for Illiterates and Disabled Persons (Sec. 196, B.P. 881) No voter shall be allowed to vote as an illite illiterat rate e or as a physic physically ally disabl disabled ed unless it is so indicated in his registration record. A voter voter who is illite illitera rate te or physic physicall ally y unable to prepare the ballot by himself may be assisted in the preparation of his ballot by the following: (a) a relative by affinity or consanguinity within the fourth civil degree, or (b) if (a) is not available, then any person person of his confid confidenc ence e who belongs to the same household; or (c) any any memb member er of the the boar board d of election inspectors.
In no case shall an assistor assist more than 3 times. The person assisting shall: •
•
•
to stay therein longer time necessary
for for a than
•
to speak eak with ith any anyone other than as herein provided while inside the polling place.
It shall be unlawful: •
to prepare the ballot outside the voting booth;
•
to exhibit its contents to any person
•
to eras erase e any any print printin ing g from from the ballot
•
to intentionally tear or deface the same or put thereon any distinguishing mark;
•
to use carbon paper, paraffin pape paper, r, or othe otherr mean means s for for making a copy of the contents of the ballot;
•
to make make use use of any any othe otherr means to identify the vote of the voter.
prep prepar are e the the ball ballot ot for for the the illit illiter erat ate e or disa disabl bled ed vote voterr inside the voting booth; bind himself in a for formal docume document nt under under oat oath h to fill out the ballo llot strict ictly in accordance with th e instruction instructions s of the voter voter and not to reveal the contents of the ballot prepared by him. A viol violat atio ion n of thes these e 2 duti duties es shal shalll cons consti titu tute te an elec electi tion on offense.
Spoiled Ballots If a voter should accidentally spoi spoill or defac eface e a ball ballot ot in such such a way way that that it cann cannot ot lawf lawful ully ly be used used,, he shal shalll surr surren ende derr it fold folded ed to the the chairm chairman an who shall note note in the corr corresp espond onding ing space space in the voting voting record record that that said said ballot ballot is spoil spoiled. ed. The voter voter shal shalll then then be entit ntitle led d to anot anothe herr ballo allott which ich the chairman shall give him after announcing the serial number of the the second cond ball allot and and recording recording the serial serial number number in the correspo corresponding nding spaces
38 in the voting record. No voter shall change his ballot more than once. (Sec. 14, R.A. 8436) The spoiled ballot shall, withou withoutt being being unfold unfolded ed and without removing the detachable coupon, be dist distinc inctly tly mark marked ed with with the the word "spoiled" and signed by the board of election inspectors on th e endorsement fold thereof and imme immedi diat atel ely y plac placed ed in the the comp compar artm tmen entt for for spoi spoile led d ballots.
ballot, is fatal. (7) The The chai chairm rman an,, afte after r find findin ing g ever everyt yth hing ing to be in orde order, r, shal shalll then then detach the coupon in the presence of the board board of electi election on inspec inspector tors s and and of the voter and shall deposit the folded ballot in the compartment for valid ballots, and the detached coupon in the compartment for spoiled ballots. Any ballot returned to the chairman whose deta detach chab able le coup coupon on has has been removed not in the presen presence ce of the board board of election inspectors and of the voter, shall be considered as spoiled and shal shalll be so mark marked ed and and signed by the members of the board of election ion inspectors.
(2) After the voter has filled his ballot he shal shalll fold fold it in the the same same mann manner er as when he received it and return it to the chairman. (3) In the presence of all the members of the board board of electi election on inspec inspector tors, s, he shall affix his thumbmark on the correspon corresponding ding space in the coupon, coupon, and deliver the folded ballot to the chairman. (4) The chairman, in the presence and view of the voter and all the members of the board of election inspectors, without unfolding the ballot or seeing its contents, shall shall verify verify its numbe number r from from the voting voting record where it was previously entered. Any Any ball ballot ot whos whose e numb number er does does not not coin coinci cide de with with the the number of the ballot deli delive vere red d to the the vote voter, r, as entered in the voting record, shall be considered as spoiled and shall be so marked and signed by the members of the board of election inspectors. (5) The voter shall affix his thumbmark by the side of his signature in the space intended for that purpose in the voti voting ng reco record rd and and the the chai chairm rman an shal shalll apply apply silver silver nitrate nitrate and commassie commassie blue on the right forefinger nail or on any other avail vaila able fin finger nai nail, if ther there e be no forefinger nail. (6) The The chairm chairman an shall shall sign sign in the proper space beside the thumbmark of the voter. Note Note that that the absence absence of the signature of th e chai chairrman man in the the ballo allott given to a voter as proof of the authenticity of the
(8) The voter shall then depart. Challenge of Illegal Voters (Sec. 199, B.P. 881) Any voter voter or watche watcherr may challe challenge nge any any pers person on offer offerin ing g to vote vote for for not not being being registered, for using the name of another or suffering from existing disqualification. In such case, cas e, the board board of electi election on inspe inspecto ctors rs shall shall satisfy itself as to whether or not the ground for the challenge is true by requiring proof of registration or the identity of the voter. No voter shall be required to present his voter's affidavit on election day unless his identity is challenged. His failure or inability to prod produc uce e his his vote voter' r's s affi affida davi vitt upon upon bein being g challenged, shall not preclude him from voting if his identity be shown from the photograph, fingerp fingerprin rints, ts, or specim specimen en signat signature ures s in his approved application in the book of voters or if he is identified under oath by a member of the boar oard of elec electi tion on insp inspec ecto torrs and such such identification shall be reflected in the minutes of the board. Challe Challenge nge Based Based on Certai Certain n Illega Illegall Acts Acts
(Sec. 200, B.P. 881) Any voter or watcher may challenge any voter offe offeri ring ng to vote vote on any any of the the foll follow owin ing g grounds: •
that that the challe challenge nged d person person has receiv received ed or expect expects s to receive, has paid, offered or promised to pay, h as contr ontrib ibut uted ed,, offer ffere ed or promis omised ed to contr ntribut ibute e
39 money or anything of value as consideration for his vote or for the vote of another; •
•
that he has made or received a promise to influence the giving ing or withh ithho oldin lding g of any any such such vote; or
•
•
• •
that he has made a bet or is interested directly or indi indire rect ctly ly in a bet bet whic which h depend depends s upon upon the resul resultt of the election.
•
•
The The chal challe leng nged ed pers person on shal shalll take take a prescribe prescribed d oath before the board board of election election inspectors that he has not committed any of the acts allege alleged d in the challeng challenge. e. Upon Upon the taking taking of such such oath, oath, the challenge challenge shall be dismissed dismissed and the challenged challenged voter voter shall be allowed to vote, but in case of his refusal to tak take such such oath, ath, the the chall hallen eng ge shall hall be sustained and he shall not be allowed to vote. NonNo n-co conc nclu lusi sive vene ness ss of admi admiss ssio ion n challenged vote (Sec. 201, B.P. 881)
•
•
•
of •
It must be noted that the admission of the challenge challenged d vote shall not be conclusive conclusive upon upon any any cour courtt as to the the lega legali lity ty of the the registration of the voter challenged or his vote in a crimin criminal al action action against against such such person person for illegal registration or voting. Records or Statements to be Prepared and Kept
•
•
•
•
Record of Challenges and Oaths •
The poll clerk shall keep a prescribed reco record rd of chal challe leng nges es and and oath oaths s take taken n in connection therewith and the resolution of the board of election inspectors in each case and, upon the termination of the voting, shall certify that it contains all the challenges made. The The orig origina inall of this this reco record rd shal shalll be attached to the original copy of the minutes of the the voti voting ng as prov provid ided ed in the the succ succee eedi ding ng section. (Sec. 202, B.P. 881)
Copi Copies es of this this stat statem emen entt afte afterr being being duly duly acco accomp mplis lishe hed d shal shalll be seal sealed ed in sepa separa rate te envelopes and shall be distributed as follows: •
•
Minutes of Voting and Counting of Votes The board of election inspectors shall prepa prepare re and sign a statem statement ent in four four copies copies setting forth the following: •
•
time the voting commenced and ended; seria eriall numb numbe ers of the the official ballots an d electi election on return returns, s, specia speciall envelopes and seals
received; number of official ballots used and the number left unused; numb number er of vote voters rs who who cast their votes; number of voters chal challe leng nged ed duri during ng the the voting; name names s of the the watc watche hers rs present; time the counting ing of vote votes s comm commen ence ced d and and ended; number of official ballots found inside th e comp compar artm tmen entt for for valid valid ballots; numb number er of valid valid ball ballot ots s retrieved from the compartme compartment nt for spoiled spoiled ballots, if any; numbe numberr of ballot ballots s found found folded together, if any; number of spoiled ballots withdrawn from the comp compar artm tmen entt for for valid valid ballots; number of excess ballots; number of marked ballots; numb number er of ball ballot ots s read read and counted; time the election election returns returns were signed and sealed in their their respec respectiv tive e specia speciall envelopes; numb number er and and natu nature re of protests made by watchers; such such other other matter matters s that that the the Commis mmissi sion on may may require.
•
the original to the city or municipal election registrar; the the seco second nd copy copy to be deposited inside th e comp compar artm tmen entt for for valid valid ballots of the ballot box; the third and fourth copies to the repr repres esen enta tati tive ves s of the the accredited political parties. (Sec. 203, B.P.
881) List of Unused Ballots The chairman of the board of election
40 inspe inspecto ctors rs shall shall prepa prepare re a list list showin showing g the numbe numberr of unused unused ballot ballots s togeth together er with with the serial numbers.
electi election on inspec inspector tors s shall shall take take the ballots of the first pile one by one and read the names of candid candidate ates s voted voted for and the offi office ces s for for whic which h they they were were voted in the order in which they appear thereon, assuming such a position as to enable all of the watchers to read such names.
This This list list shal shalll be signe igned d by all all the the members of the board of election inspectors, after which all the unused ballots shall be torn halfway in the presence of the members of the board board of electio election n inspecto inspectors. rs. (Sec. 204, B.P.
881) 3.
The The chai chairm rman an shal shalll sign sign and and affix his right hand thumbmark at the back of the ballot immediately after it is counted.
4.
The The poll poll cler clerk, k, and and the the thir third d memb member er,, resp respec ecti tive vely ly,, shal shalll recor record d on the electi election on return returns s and and the the tally tally board board or shee sheett each vote as the names voted for each office office are read. read. (The election election returns returns are mandated mandated by law to be prepared simultaneously with th e counting of the votes.)
5.
After After finish finishing ing the first first pile pile of ballot ballots, s, the board board of electi election on inspector inspectors s shall determine determine the total number of votes recorded for for each each cand candid idat ate, e, the the sum sum being noted on the tally board or shee sheett and and on the the elec electi tion on returns. In case of discrepancy such recount as may be necess necessary ary shall shall be made. made. The ballot ballots s shall shall then then be group grouped ed toge togeth ther er agai again n as befo before re the the reading. reading. Thereafte Thereafter, r, the same procedure shall be followed with the second pile of ballots and so on successively.
6.
After all the ballots have been read read,, the the board oard of elec electi tion on insp inspec ecto tors rs shal shalll sum sum up the the totals recorded for each candid candidate ate,, and the aggreg aggregate ate sum shall be recorded both on the tally board or sheet and on the election returns.
7.
It shall then place the counted ballots in an envelope provided for the purpose, which shall be closed signed and deposited in the comp ompart artment ment for for valid alid ballots.
8.
The The tall tally y boar board d or shee sheett as accom acc ompli plishe shed d and certi certified fied by the board of election inspectors shall not be changed or destroyed but shall be kept in the comp ompart artment ment for for valid alid
COUNTING OF VOTES The counting of votes is conducted by the Board of Election Inspectors, which shall not adjourn adjourn or postpo postpone ne or delay delay the count count unti untill it has has been been full fully y comp omplete leted, d, unle unless ss otherwise ordered by the COMELEC. Counting proper Coun Co unti tin ng to Interruption
be
Pub Public lic
and and
Witho ithou ut
As soon as the voting is finished, the board of election inspectors shall publicly count in the poll pollin ing g plac place e the the vote otes cas cast and and ascert asc ertain ain the result results. s. The Board Board shall shall not not adjourn or postpone or delay the count until it has been been fully fully comple completed ted,, unless unless otherw otherwise ise ordered by the COMELEC. Venue for counting of votes The COMELEC in the interest of free, orderly, and honest elections, may order the board of election inspectors to count the votes and to acc accomp omplis lish h the electi election on return returns s and other other forms forms prescr prescribe ibed d under under the Omnibu Omnibus s Election Code in any other place within a public building in the same municipality or city. city. The public building shall not be located within the perimeter of or inside a military or police camp or reservation nor inside a prison compound. If it becomes necessary to transfer the counting of votes to a safer place on account of immin imminen entt dang danger er of viol violen ence ce,, terr terror oris ism, m, diso disord rder er or simi simila larr caus causes es,, the the Boar Board d of Election Inspectors may effect such transfer by unan unaniimous mous app approval by the the Board ard and and concurre concurrence nce by the majority of the watchers present. (Sec. 18, R.A. 6646) Manner of Counting Votes 1.
2.
The board of election inspectors shall unfold the ballots and form separa separate te piles piles of one hundr hundred ed ballots each, which shall be held toge togeth ther er with with rubb rubber er band bands, s, with cardboard of the size of the ballots to serve as folders. The chairman chairman of the board board of
41 ballots. Duties of the Board of Election Inspectors in Counting the Votes The board’s duties are confined to the conduct of the elections and the counting of votes. votes. The board of election election inspector inspectors s does not decide decide the eligib eligibilit ility y of candid candidate ates, s, and therefore has no authority to ignore the votes for a candidate who has filled out his certificate of candidacy in the proper form. Counting should be liberal to effectuate the will of the electorate. electorate. Voters should should not be be disenfranchised for technical causes. It is the duty of the board of election inspectors to issue a certificate of the number of the votes receive received d by a candid candidate ate upon request of the watchers. All the members of the board of election inspectors shall sign the certificate. Marked Ballots Marked ballots defined Marked ballots are ballots containing a dist distin ingu guis ishi hing ng mark mark whic which h woul would d tend tend to identify the voter who cast such ballot.
of evide evidence nce aliunde tend tendin ing g to show show the the inte intent ntio ion n or purp urpose ose in the the use of the the contested manner or means of voting, which is to iden identi tify fy the the ball ballot ots. s. In the the abse absenc nce e of evidence aliunde clearly showing the intention or plan was for purposes of identification, signs on ballots are presumed accidental. A majority vote of the board of election inspe inspecto ctors rs shall shall be suffic sufficien ientt to determ determine ine whether a ballot is marked or not. All marked ballots shall be placed in an envelope labeled "marked ballots" which shall be sealed and signed by the members of the board of election inspectors and placed in the compartment for valid ballots and shall not be counted. Instances of Marked Ballots Non-official ballots which the board of election election inspector inspectors s may find, EXCEPT EXCEPT those those whic which h have have been been used used as emer emerge genc ncy y ballots, ballots, are consid considere ered d as marked marked ballot ballots. s. Other examples of marked ballots include the following: •
Where 170 ballots were voted for in the same same manner manner and there there is evide evidence nce aliunde to prove that such manner of voting was planned.
Purpose of Disallowing Marked Ballots •
Some Some unscru unscrupul pulous ous person persons s taking taking adva advant ntag age e of thei theirr infl influe uenc nce e or poli politi tica call presti estig ge may requi equirre voter oters s to place lace a dist distin ingu guis ishi hing ng “mar “mark” k” on thei theirr ball ballot ot,, in consid consider erati ation on of some some promi promise, se, reward reward or other valuable consideration and to which the voters would have no escape because of the distinguishing marks required of them to place on the their ball ballot ots. s. This his threa hreate tens ns the the independence of the voters in the exercise of their right right to vote. vote. Hence, Hence, the prohibitio prohibition n on marked ballots.
•
•
•
Effect of Marked Ballots Marked ballots are invalidated in their entire entirety ty,, and none of the votes therein therein are counted.
•
Whe Where the the nam name of 1 cand candid ida ate is clear clearly ly and marked markedly ly indent indented ed to the right to make the ballot easily distinguishable. Use Use of two two or more more kind kinds s of writi writing ng deliberately put by the voter to serve as identification marks. Writing the name of a person who is not a cand candid idat ate e 3 time times s on 3 space paces s provided for in different offices. Expr Expres essi sion ons s oppo opposi site te the the spac space e for for candidate candidates s written written for the purpose purpose of identification. The inclusion of the names of 2 wellknow known n movi movie e star stars s who who were were not not candidates.
Determination of Marked Ballots •
In discou discountin nting g marked marked ballot ballots, s, great great care should be used in rejecting them. Election laws are designed to effectuate the will of the electorate. Only in an unmistakable case where the ballot appeared to be marked, should it be rejected.
•
•
The The det determi ermina nati tiv ve fac factor tor in the the nullifi nullificat cation ion of ballot ballots s for being being marked marked as following a design or pattern, is the existence
•
Writing the name of a registered voter who is not a candidate. The The plac placin ing, g, with withou outt expl explan anat atio ion n of initia initials, ls, after after the correc corrected ted names names of candidates for mayor and vice-mayor. Placing a big letter “X” immediately after the name of a candidate for councilor. The The
capi capita tall
lett letter er
“N” “N”
oppo opposi site te
the the
42 printed words for senators. Appreciation of Ballots •
•
•
•
Writing the word “sinador” in a place far and separa separate te from from the prope properr spaces spaces for candidates. Writ Writin ing g impe impert rtin inen ent, t, irre irrele leva vant nt unnecessary expression Plac Placin ing g the the finge fingerp rpri rint nt without reason.
of the the
and and
vote voterr
The presence of an arrow together with the words “and party”.
Instance Instances s when Ballot is not Considered Considered Marked The follow following ing ballot ballots s have have been been consid considere ered d NOT marked: •
•
•
•
•
•
Writing the word “sorry” after the name of a cand candid idat ate e as an expr expres essi sion on of regret for committing a mistake. Canceling names and re-writing them to conform with a sample ballot. ballot. Misspelling the name of a candidate. Illegible writings, being imprints of other names written on the ballot caused by the folding of the same. Writing crosses and circles signifying the desist desistanc ance e of the voter to write write any other name. Writin Writing g a word word before before the name of a candidate as an appellation of affection or friendship.
Guiding Principles in the Appreciation of Ballots DOUBTS are to be resolved in FAVOR of the validi validity ty of ballots ballots.. The purp purpose ose is of elec electi tion on laws laws is to give give effe effect ct and and not not to frustrate the WILL of the voter. LIBERA LIBERAL L CONST CONSTRUC RUCTIO TION N in readin reading g the ballots, and intendments should be in favor of a reading which render the ballot EFFECTIVE rather than in favor of a conclusion which on some some tech techni nica call grou ground nds s woul would d rend render er it ineffective. Minor blemishes should not affect the validity of the ballot where the intention of the voter to vote for certain persons is discernible in the ballot. Errors in spelling, honest mistakes due to ignorance or illiteracy should not defeat the intention of the voter. However, if the ballot is so defective as to fail to show any intention, it must be disregarded. Sanchez vs. COMELEC ( 153 SCRA 67) Appreciation of ballots is a function of the BEI, not the Board of Canvassers. Bautista vs. Castro ( 206 SCRA 305) In appr apprec eciat iating ing a ball ballot ot,, the the obje object ct should be to ascertain and carry into effect the intention of the voter if it can be determined with reasonable certainty. Rules Rules for Appre Apprecia ciatio tion n of Ballot Ballots s
•
•
•
•
•
•
•
(Sec.
Affixing the nickname of a candidate.
211, BP 881)
Innocent erasures in the spaces for the candidates.
Every ballot shall be PRESUMED VALID UNLESS there is clear and good reason to reject it.
Corr orrecte ected d name name writt itten over the the canceled one on the space for councilor although he is a candidate for mayor. Mist Mistak akes es in writ writin ing g name names s of loca locall candidates in spaces for senators and writing again the names of his candidates for councilors in the proper spaces. Unintention Unintentional, al, accidental, accidental, unintelligib unintelligible le marks or words. Accidental placing of a stain. Voting names of non-candidates in the absence of evidence that these names were used as identifying marks.
HOW C O U N T E D
BALLOT
Ballots containing the name of a candidate affix fixed thereto through an y MECHANICAL process Ballo Ballott clea clearl rly y appe appear ars s to have have been een FILL FILLED ED by 2 DIFFERENT PERSONS befor before e deposi deposited ted in ballot ballot
Totally VOID
Totally VOID
43 box
ballot, ALL of which are the SURNAMES of 2 MORE CANDI CANDIDAT DATES ES bearin bearing g the same surname for an OFFICE of r which the law CANDIDATES author authorize izes s the electi election on of bearing th e MORE THAN ONE and there surname are are the the SAME SAME NUMB NUMBER ER of such SURNAMES written as there there are are candid candidate ates s with with that surname
Ballot written with CRAYON, LEAD PENCIL or INK, wholly or in part
Valid
INITIALS only or ILLEGIBLE or does does NOT NOT suff suffic icie ient ntly ly identif identify y the candid candidate ate for whom it is intended
Considere Considered d as a STRAY vote BUT shall NOT inv invalida lidate te the the whole ballot
Vote for a person who has not not file filed d a cert certif ific icat ate e of candidacy or in favor of a candid candidate ate for an office office for whic which h he did did not not pres presen entt himself
Considere Considered d as a STRAY vote BUT shall NOT inv invalida lidate te the the whole ballot
1 word word is writ writte ten n on the the ball ballot ot whic which h is the the FIRS FIRST T NAME NAME of a cand candid idat ate e and and which is also the SURNAME of his opponent
Vote counted for the the OPPO OPPONE NENT NT (SURNAME)
Vote Vote for a candid candidate ate who has has been been disq disqua uali lifi fied ed by final judgment
Considere Considered d as a STRAY STRAY vote vote but shall not inv invalida lidate te the the whole ballot
Vote Vote shall shall NOT NOT be coun counte ted d for for either
Only Only cand candid idat ates es’’ FIRS FIRST T NAME or SURNAME is writ writte ten, n, and and ther there e is NO othe otherr cand candid idat ate e with with the the same first name or surname for the same office
2 word ords writt itten on the the ball ballot ot,, 1 of whic which h is the the FIRST NAME of th e candidate and the other is the SURNAME of hi s opponent
Vote for candidate valid
Vote counte Vote counted d in favor favor of such such a candidate
Only Only cand candid idat ates es’’ FIRS FIRST T NAME is written which when read has a SOUND SIMILAR to the SURNAME of another candidate
Vote Vot e counte counted d in favor of the cand candid idat ate e with with such SURNAME
Name or surname INCO INCORR RREC ECTL TLY Y WRIT WRITTE TEN N which hich when when READ READ has has a SOUND UND SIM SIMILAR ILAR to the the name or surname of a candid candidate ate when when correc correctly tly written (Idem sonans rule)
If there are 2 or more candid candidate ates s with with the SAME SAME FULL NAME, FIRST NAME or SURNAME, and one of them is the INCUMBENT, and on the ballot ballot is writte written n ONLY ONLY such full name, first name or surname
Vote counted for the INCUMBENT
Woman candidate uses her MAIDEN MAIDEN NAME or MARRIED MARRIED NAME or BOTH, and there is another candidate with the SAME SURNAME
A ballot ballot beari bearing ng only such surname shall be counted in favor of the candidate who is an INCUMBENT.
2 or more words are written on the SAME SAME LINE LINE on the ballot, and ALL of which are the SURNAMES of 2 or MORE CANDIDATES
Vote Vote shall shall NOT NOT be coun counte ted d for for any of them UNLE UNLESS SS one one is the the surn surnam ame e of the the incu incumb mben entt who has serv served ed for at least 1 year year – coun counte ted d for th e INCUMBENT
2 or more words are written on DIFFERENT LINES on the
Vote Vot e counte counted d in favor of ALL
th e is
Vote shall be counte counted d for the candidate for the office office for which which he is running for. Name or surname of a cand candid idat ate e appe appear ars s in the the space space of the ballot ballot for an offic ffice e for which hich he is a candidate and for an office for which he is NOT a candidate
Vote for th e office office for which which he is NOT a cand candid idat ate e shal shalll be consider considered ed a STRAY vote EXCEPT EXCEPT when when it is used to identify th e vote voterr in whic which h case case the the whol whole e ballot is VOID.
Name of a candidate is NOT writt itten in the PROPER SPACE on the ballot but is Vote counted for PRECEDED by the name of the candidate the OFFICE for which he is a candidate Words written on th e APPR APPROP OPRI RIAT ATE E BLAN BLANK K on the ballot is the IDENTICAL NAME or SURNAME or FULL NAME of 2 or MORE cand candid idat ates es for for the the SAME SAME OFFI OFFICE CE,, none none of whom whom is
Vote Vot e counte counted d in favor of t h at candidate to whose ticket belo belong ng all all the the other candidates voted for in the
44 the incumbent
same same ballo ballott for for the same constituency.
PREF PREFIX IXES ES such such as "Sr. "Sr.", ", "Mr.", "Datu", "Don", "Ginoo", "Ginoo", "Hon.", "Gob." "Gob." or SUFFIXES like "Hijo", "Jr.", "Segundo"
PREF PREFIX IXES ES SUFF SUFFIX IXE ES valid
CIRCLES, CIRCLES, CROSSES, CROSSES, LINES on spaces which the voter has not voted
Cons Consid ider ered ed as signs of hi s desistance desistance from voting voting and shall NOT NOT inva invali lida date te the ballot
Space in the ballot appears a NAME of a candidate that is ERA ERASED SED and and ano another ther CLEARLY WRITTEN
Vote counted for the one CLEARLY WRITTEN
ACCI ACCIDE DENT NTAL AL tear tearin ing g perforation of the ballot
Shall NOT annul it
or
AND AND are
Failur lure to remove th e DETACHABLE COUPON from the ballot
Shall NOT annul the ballot
Errone Erroneous ous initia initiall of FIRST FIRST NAME acco accomp mpan aniied by CORRECT SURNAME of the candidate
Shall NOT annul the vote
Erroneous initial of SURNAME SURNAME acco accompani mpanied ed by Shall NOT annul CORR CORREC ECT T FIRS FIRST T NAME NAME of the vote the candidate Erroneous MIDDLE INITIAL
Shall NOT annul the vote
The fact that that there there exist exists s another person who is NOT a candidate with the same first name or surname of a candidate
Shall NOT annul the vote
COMMAS, COMMAS, DOTS, DOTS, HYPHENS HYPHENS between the first name and surnam surname e of the candid candidate ate or on othe otherr part parts s of the the ballot
Shall NOT inv invalida lidate te the the ballot UNLESS it clearl clearly y appear appears s Traces of letter “T” or “J” or that that they they were were similar ones delibe deliberat rately ely put by the the vote voterr as IDENTIFICATION First First letters letters or syllables syllables of mark marks s in whic which h name names s whic which h the the vote voters rs case, cas e, the ballot ballot does not continue is VOID UNINTENTIONAL or ACCI ACCIDE DENT NTAL AL flour flouris ishe hes, s, strokes, strains NICKNAMES and APPELA APP ELATIO TIONS NS of affect affection ion and friendship accompanied by the FIRST NAME or
Shall NOT annul the vote EXCEPT when such is used used to identi identify fy
SURNAME of the candidate
the voter in which which cas case, e, the whol whole e ball ballot ot is VOID
NICKNA NICKNAME ME used used is one one by which hich the the cand candid idat ate e is gene genera rall lly y or POPU POPULA LARL RLY Y KNOWN in the locality and UNACCOMPANIED by a first name name or surn surnam ame e of the the candidate
Vote counted for the candidate IF there is no other candidate for the SAME OFFI FFICE with with the the SAME SAME NICKNAME
CORRECTLY CORRECTLY written written FIRST NAME of the candidate with a DIFFERENT SURNAME
Vote NOT counted in favor of any candidate having such first nam name BUT BUT the the ballot is considere considered d valid for other candidates
2 or more more candid candidate ates s are are vote voted d for for an offic office e whic which h the law authorizes election of only ONE
Vote NOT counted in favor of any any of them them BUT the ballot is considere considered d valid for other candidates
Valid ballot BUT the votes counted are those names Candidates voted for which were EXCEE XCEED D the the numb number er of FIRST FIRST WRITTE WRITTEN N those to be elected by the voter until th e authorized number is covered
Ballo Ballots ts tota totally lly writ writte ten n in ARABIC ARABIC in localities localities where it is of GENERAL USE
VALI VALID D (to (to read read such ballots, the board of election insp inspec ecto tors rs can can use an interp interpre reter ter who has has shal shalll take taken n an oath to read them correctly)
Note that a vote for the President is no longer considered a vote for the Vice-President runnin running g under under the same ticket ticket as the 1987 Consti Constitut tution ion alread already y prohi prohibit bits s block block voting voting.. ( Alt Altho houg ugh h the the part partyy-li list st syst system em may may be
deemed as an exemption to that prohibition.) Election Returns Definition The electi election on return returns s are are the offici official al document containing the date of the election,
45 the province, municipality and the precinct in which it is held, and the votes received by each candidate written written in figures and in words. words. It is the the docu docume ment nt on whic which h the the Cert Certifi ifica cate tes s of Canvass are based, and is the only document that constitutes sufficient evidence of the true and genu genuine ine resul results ts of the elect election ions. s. (See
Garay v. COMELEC, 261 SCRA 222) Number of Copies and Their Distribution (Sec. 27, R.A. 7166, as amended by R.A. 8045 and R.A. 8173) The board of election inspectors shall prepare in their handwriting the returns in their polling places, in the number of copies herein provided and in the form to be prescribed and provided by the COMELEC. In the the elec electio tion n of Pres Presid iden ent, t, Vice Vice-Pres Presid iden ent, t, Sena Senato tors rs,, and and Me Memb mber ers s of the the House House of Repres Represent entati atives ves,, the copies copies of the election returns shall be distributed as follows: 1st Copy: Copy: City or municipal municipal board board of canvassers canvassers 2nd Copy Copy:: Cong Congre ress ss,, dire direct cted ed to the the Sena Senate te President 3rd Copy: Copy: COMELE COMELEC C 4th Copy: py: Dom Dominan inantt majo majorrity ity part arty, as determined by the COMELEC 5th Copy: Dominant minority party, as determined by the COMELEC 6th Copy Copy:: Citi Citize zens ns'' arm arm auth author oriz ized ed by the the COMELE COMELEC C to condu conduct ct an unoffic unofficial ial count 7th Copy: Copy: Deposited Deposited inside the compartm compartment ent of the ballot box for valid ballots In the election election of local local offici officials als,, the copie opies s of the elect lectiion retur eturns ns sha shall be distributed as follows: 1st Copy: Copy: 2nd Copy: Copy: rd 3 Copy: Copy: 4th Copy: py:
City or municipal municipal board board of canvassers canvassers COMELEC COMELEC Provincial Provincial board board of canvasser canvassers s Dom Dominan inantt majo majorrity ity part arty, as determined by the COMELEC 5th Copy: Dominant minority party, as determined by the COMELEC 6th Copy Copy:: Citi Citize zens ns'' arm arm auth author oriz ized ed by the the COMELE COMELEC C to condu conduct ct an unoffic unofficial ial count 7th Copy: Copy: Deposited Deposited inside the compartm compartment ent of the ballot box for valid ballots
Issuance of the Certificate of Votes Certificate of votes defined The certificate of votes is a document which contains the number of votes obtained by each candidate written in words and figures, the number of the precinct, the name of the city city or municip municipali ality ty and provin province ce,, the total total number of voters who voted in the precinct, and the the date date and time time issu issued. ed. It must must be signed and thumb marked by each member of the Board. (Sec. 16, R.A. 6646) Duty of Board to issue certificate It is the duty of the board of election inspectors to issue a certificate of the number of the votes receive received d by a candid candidate ate upon request of the duly-accredited watchers. (Sec. Refusal to do so constitutes 16, R.A. 6646) an election offense. (Sec. 27, R.A. 6646) Admissibility Admissibility in evidence The certificate of votes is admissible in evid eviden ence ce to prov prove e tamp tamper erin ing, g, alte altera rati tion on,, falsification or any anomaly committed in the elec electi tion on retur eturns ns conce oncerrned ned, when when duly duly authenticat authenticated ed by testimonia testimoniall or documentar documentary y evidence presented to the Board of Canvassers by at least 2 members of the Board of Election Inspector Inspectors s who issued the the certificate. certificate. This is notwithsta notwithstanding nding the provisio provisions ns of Secs. Secs. 235 and 236 of BP 881. The Certifi Certificat cate e of Vot Votes es is evide evidence nce like ikewise ise of the votes obtained by the candidates. (Balindong v. COMELEC, 27 SCRA Howeve ver, r, it was was held held in the the case case of 567) Howe that a Garay Garay v. COMELE COMELEC C (261 (261 SCRA SCRA 222) 222) that Certificate of Votes can never be a valid basis for canvass, and does not constitute sufficient evidence of the true and genuine results of the elections; only election returns are. Failur Failure e to prese present nt any certifi certificat cate e of votes votes shall be a bar to the present presentati ation on of other evidence evidence to impugn impugn the authenticity authenticity of the election returns. (Sec. 17, R.A. 6646) CANVASS Canvass and Certificate of Canvass defined
Announcement of Results of Elections The chairman of the Board of Election Inspec Inspector tors s shall shall make make an ORAL ORAL and PUBLIC PUBLIC ANNO ANNOUN UNCE CEME MENT NT of the the TOTA TOTAL L numb number er of votes in the polling place for EACH candidate by the upon the completi completion on of the electi election on returns.
The The canv canvas ass s of vote votes s refe refers rs to the the proce process ss by which which the resul results ts in the electi election on returns are tallied and totaled. Certificate Certificates s of canvass canvass are official official tabulations of votes accomplished by district, municipal, city and provincial canvassers based on the election returns, which are the results
46 of the ballot count at the precinct level. Nature of canvass proceedings Canvass proceedings administrative and summary in nature.
are
A majority vote of all the members of the board shall be necessary to render a decision. (Sec 255 BP 881) Any register registered ed political political party, party, coalition coalition of parties, through their representatives, and any candid candidate ate has a right right to be prese present nt and to counsel during the canvass of election returns. They They shal shalll have have the the righ rightt to exam examine ine the the return returns s being being canva canvasse ssed d withou withoutt touchi touching ng them, to make their observations thereon, and file their charges in accordance with the rules and regulations of the COMELEC. ( sec 25, RA 6646) It shal shalll be unla unlawf wful ul for for any any offi office cerr or member member of the AFP, AFP, includ including ing the nation national al police, or any peace officer or any armed or unarmed persons belonging to an extra-legal police agency, special forces, reaction forces, strike forces, home defense forces, barangay self self defe defens nse e unit units, s, etc. etc. to ente enterr the the room room where the canvassing of the election returns are held, and within a radius of 50 meters from such room. ( sec 232, BP881) Grand Alliance for Democracy COMELEC ( 150 SCRA 665)
PROVINCIAL Provincial election supervisor or lawyer in the regional offi ffice of th e COMELEC
Mastura vs. COMELEC (285 SCRA 493) The COMELEC may order th e annulment of the certificate of canvass which it found found to be tamper tampered ed after after examin examining ing the copies of the election returns of the municipal judge and COMELEC – because all the copies of the the elec electi tion on retu return rns s are are orig origin inal al copi copies es althou although gh the copy of the Municipa Municipall Board Board of Canvassers is the original copy. Sec 15 RA 7166, does not specify that the COMELEC shall use the copy of the election return of the Municipal Board of Canvassers in correcting a manifest error. Composition of the Board of Canvasser
vs.
Where it has been determined by the COMELE COMELEC C that that actual actual voting voting and electi election on by
Chairman
the regist registere ered d voter voters s had taken taken place, place, the election election returns can not be disregar disregarded ded and excluded – with the corresponding disenf disenfran ranchi chise semen mentt of voter voters s – but must must be acco accord rded ed prima prima faci facie e stat status us as bona bona fide fide repo eports of the the resul esultt of the the votin oting g for for canvassing canvassing and proclam proclamation ation purpo purposes. ses. The summar summary y nature nature of the proce proceedi edings ngs requi require re that written objections ( to the returns) be filed only during this stage, because it is only at this time time that that the inclus inclusion ion or exclus exclusion ion of any return is in issue; mere allegations of duress, coercion, fraud, can not invalidate the election return returns s which which are otherw otherwise ise clean clean on their their face.
(Sec. 221, BP 881, as amended by Sec. 20, RA 6646)
CITY City election registrar or a lawyer of COMELEC;
provincial fiscal
city fiscal
Member
provincial of schools
cit city sup superin erinte tend nden entt schools
However, in case of non-availability, absence, disq disqua uali lifi fica cati tion on due due to rela relati tion onsh ship ip,, or inca incap pacit acity y for for any any caus cause e of any any of the the
PROVINCIAL
Elec Electi tio on regist gistrrar or a representative of COMELEC
In cities with more than 1 election registrar, COMELEC shall designate the election registrar who shall act as chairman
Vice Chair
superintendent
MUNICIPAL
municipal treasurer of most senior district school supervisor or in h is absence a principal of the school dist istrict ict or th e elementary school
memb member ers s of the the Boar Board d of Canv Canvas asse sers rs,, the the COME COMELE LEC C may may appo appoin intt the the foll follow owin ing g as substitutes, in the order named:
CITY
MUNICIPAL
47 Chairman
Ranking lawyer COMELEC
of
the
Ranking ing lawyer COMELEC
of
the
Ranking ing law lawyer COMELEC
of
th e
Vice Chairman
(1)Provincial auditor (2)Registrar of Deeds (3)Clerk of Court nominated by the Executive Judge of the RTC; (4)Any other available appointive provincial official
(1)City auditor or equivalent; (2)Registrar of Deeds; (3)Clerk of Court nominated by the Executive Judge of the RTC; (4)Any other available appointive city official
(1)Municipal Administrator; (2)Municipal Assessor; (3)Clerk of Court nominated by the Executive Judge of the MTC; (4)Any other available appointive municipal official
Member
Same as as fo for Vi Vice-Chairm irman
Same as as fo for Vi Vice-Chairman
Same as as fo for Vi Vice-Chairm irman
When Ministerial Prohibitions on the Board of Canvassers •
The The chai chairm rman an and and the the memb member ers s of the the Board of Canvassers shall not be related within the 4th civil degree of consanguinity or affinity to any of the candidates whose votes will be canvassed by said board, or to any membe memberr of the the said board board.. (Sec.
222, B.P. 881) •
•
No member member or substi substitut tute e membe memberr of the differ different ent board boards s of canvas canvasser sers s shall shall be transferred, assigned or detailed outside of his official station, nor shall he leave said stat statio ion n with withou outt prio priorr auth author orit ity y of the the COME COMELE LEC C duri during ng the the peri period od begi beginn nnin ing g election day until the proclamation of the winning candidates. (Sec. 223, B.P. 881) No member of the board of canvassers shall feign illness in order to be substituted on election day until the proclamation of the winnin winning g candida candidates tes.. Feigni Feigning ng of illness illness constitutes an election election offense. offense. (Sec. 224,
B.P. 881)
If ther there e are are no irre irregu gular larit itie ies s in the the elec electi tion on retu return rns, s, the the duty duty of the the Boar Board d in canvassing the votes on the election returns submitted to it consists in the simple matter of arithmetic. Once the COMELEC or the board of canvassers is satisfied in the authenticity of the returns, it has no power to look beyond the face thereof, and its task of tallying is merely ministerial. When there is an error in the comp comput utat atio ion n which hich is disco iscov vered ered after fter procl proclama amatio tion, n, the board board of canvas canvasser sers s can simply simply correc correctt the error error;; the remedy remedy being being purely administrative. When Quasi-Judicial Quasi-Judicial The The boar board d of canv canvas asse sers rs must must be satisfied that the election returns submitted to it are genuine and authentic. Thus, the board of canvassers will not be compelled to canvass the returns when they are found to be: • • •
Jurisdiction of COMELEC over the Board of Canvassers COME COMELE LEC C has has dir direct cont contrrol and and supervision over the board board of canvassers. Any member of the Board may, at any time, be relieved for cause and substituted motu propio by the COMELEC. (Sec. 227, B.P. 881)
•
obviously manufactured; contrary to probabilities; clearly falsified; or not legible Canvass by the Board
(Sec. 231, B.P. 881)
COMELEC, 137 SCRA 366)
The Boa Board rd of Canvas Canvasse sers rs must must meet meet not later than 6:00 p.m. on election day to receive the election returns and canvass those received. The Board of Canvassers must meet continuously from day to day until the canvass is completed completed.. The Board Board of Canvasser Canvassers s may adjourn ONLY for the purpose of awaiting other electi election on return returns. s. When When it adjour adjourns, ns, it shall shall make a total of all votes canvassed so far for each candidate for each office furnishing the COMELE COMELEC C in Manila Manila a certifi certified ed copy copy and to make available copies to the media and other interested parties. The Board of Canvasser Canvassers s must must resume resume canva canvassi ssing ng once once more more return returns s are received.
The COMELEC shall have direct control and supervision over the board of canvassers.
The canvass proceedings must be open and in public.
During the canvass, the Board of Canvassers prepares the Statement of Voters, which is tabulation per precinct of the votes obtain obtain by the candidat candidates es as reflec reflected ted in the election returns. It is this Statement of Votes whic which h forc forces es the the basi basis s of the the cert certifi ifica cate te of canvass and of the proclamation.
A majority vote of all the members of the Board of Canvassers is needed in order to render a decision.
COMELEC has the power to investigate and and act act on the the prop propri riet ety y or lega legalit lity y of the the canvass of election returns made by the board of canvassers. Nature of the Board of Canvassers’ Canvassers’ Duties A canvassing board's task is to compile and and add add the the resu result lts s as they they appe appear ar in the the election election return returns s transmitt transmitted ed to it. it. (Guiao v.
Period to Complete Canvass Subject to reasonable exceptions, the
Board Board of Canvasser Canvassers s is required required to complete complete their canvass within the f ollowing periods:
the the
canv canvas assi sing ng
and and
To allow a respondent to raise belated ques questi tion ons s befo before re the the COME COMELE LEC C as to the the returns during the review of a case before the COMELEC, which question has not been raised before the board of canvassers, would mean und undue dela delay ys in the the pre-pr -proclam clamat atio ion n proceedings.
legislative district: 36 hours lative district: 48 hours
Any violation violation of this requireme requirement nt is an election offense. (Sec. 231, B.P. 881) Canvass Canvassing ing Committees Committees
atte attemp mpts ts to para paraly lyze ze proclamation.
(Sec. Sec. 22, 22, R.A. R.A.
6646) The Board of Canvassers may const onstit itut ute e such uch numb numbe er of canv canvas assi sing ng committees as may be necessary for the board to comp comple lete te the the canv canvas ass s with within in the the peri period od prescribed. Each committee shall be composed of 3 members, each member to be designated by the the chai chairm rman an and and memb member ers s of the the boar board. d. Before Before the electi election on,, all candid candidate ates s shall shall be notified in writing of the number of committees to be constituted so that they can designate their watchers in each committee. The The comm commit itte tees es shal shalll be unde underr the the direct supervision and control of the board. Principles governing canvass proceedings
The The Supr Suprem eme e Cour Courtt can can revi review ew the the decisions of COMELEC ONLY in cases of grave abuse of discretion in the discharge of QUASIJUDICIAL POWERS and not in the exercise of its administrative duties. Conclusiveness of findings The findings of the board of canvassers and the certificate of election issued by them are not conclusive but are merely PRIMA FACIE evidence of the result and title to the office of those declared elected. As to all other collateral matters, the findings of the board are conclusive. However, such such finding findings s are not conclu conclusiv sive e in a direct direct proceeding to try title to the office. The fact of having a plurality of votes lawfully cast is what confers title to the office UNLE UNLESS SS one one is allo allowe wed d to go behi behind nd the the certificate or returns to establish title to the office before the appropriate tribunal.
There There must must be a strong strong prima prima facie facie case backed up by a specific offer of evidence, and an indication of its nature and importance has to be made out to warrant the reception of evidence aliunde, for for the the pres presen enta tati tion on of witnesses and the delays necessarily entailed thereby. When COMELEC has determined after invest investiga igatio tion n and exami examinat nation ion of the voting voting and registration records that ACTUAL VOTING and ELECTI ELECTION ON too took k place place in the questi question oned ed precin ecinct cts, s, ele electio ction n retur eturns ns cann canno ot be disr disreg egar arde ded d but but are are acco accord rded ed prim prima a faci facie e status status as bona bona fide fide report reports s of the result result of voti voting ng for for canv canvas assi sing ng and and proc procla lama mati tio on purposes. COMELEC should guard PROC PROCLA LAMA MATI TION ON GRAB GRABBI BING NG and and
against agai agains nstt
Duties of the Provincial, City, District and Municipal Board of Canvassers (Sec. 28, R.A. BOC Municipal
CANVASS
President
PREPARE CERTIFICATE OF CANVASS
President
PROCLAIM
Elected Municipal Offici
Vice-President
Senators
Senators
Congressmen
Congressmen
Elective Provincial Officials
Elective Provincial Officials
Elective Municipal Officials
President
President
Vice-President
Vice-President
Senators
Senators
Congressmen
Congressmen
Elective Provincial Officials
Elective Provincial Officials
Elective City Officials
City – citie ities s which ich don’ on’t compri comprise se at least least legisl legislati ative ve district
City City – cities cities comprisi comprising ng 1 or more legislative districts
District BOC – for each munic municipa ipalit lity y in Metro Metro Manila Manila comprising a legislative district
Munic unicip ipa al BOC – for for each compon component ent munici municipal pality ity in a legis legisla lati tive ve dist distri rict ct in Metr Metro o Manila
District BOC – in each legislative district comprising 2 municipalities in Metro Manila
Provincial
Vice-President
Elected City Officials
President
President
Congress-men
Vice-President
Vice-President
Elected City Officials
Senators
Senators
Congressmen
Elective City Officials
President
President
Congress-men
Vice-President
Vice-President
Elected Municipal Offici
Senators
Senators
Congressmen
Elective Municipal Officials
President
President
Vice-President
Vice-President
Senators
Senators
Congressmen
Congressmen
Elective Municipal Officials
Elected Municipal Offici
President
President
Vice-President
Vice-President
Senators
Senators
Congressmen
President
President
Elected congressmen
Vice-President
Vice-President
Elected Provincial Offici
Senators
Senators
Plebiscite Results
Congressmen
Elective Provincial Officials
Plebiscite Results
Preparation of the Certificate of Canvass and Statement of Votes Certificate of canvass The respec respectiv tive e board board of canva canvasse ssers rs shall shall prep prepar are e a cert certifi ifica cate te of canv canvas ass s duly duly sign signed ed and and affix affixed ed with with the the impr imprin intt of the the thum thumb b of the the righ rightt hand hand of each each memb member er,, supported by a statement of the votes received by each candidate in each polling place and, on the basis thereof, shall proclaim as elected the returns; returns; its preparat preparation ion is an administr administrative ative function of the board, purely a mechanical act over over which which COMEL COMELEC EC has direct direct contro controll and
Elected Congressmen i Legislative District
candidates who obtained the highest number of votes cast in the province, city, municipality or barangay. (Sec. 231, B.P. 881) Failure to comply with this requirement shall constitute an election offense. Statement of votes The statement of votes is a tabulation per precinct of votes garnered by candidates as reflected in the election supervision. The Statement Statement of Votes supports supports the
cert certifi ifica cate te of canv canvas ass s and and is the the basi basis s of proclamation. Consequently, any error error in the Statement of Votes would affect the proclamation made on the basis thereof.
1st copy:
Congress, directed to the Senate President for use in the canvass of election results for President and Vice-President
Failure to object to the Statement of Votes before the Board of Canvassers does not constitute a bar to raising the issue for the first time before the COMELEC, as the law is silent as to when such objection may be raised.
2nd copy:
COMELEC, for use in the canvass of the election results for Senators
3rd copy:
To be kept by the chairman of the board of canvassers
4th copy:
Citizens' ar arm de designated by by th the COMELE COMELEC C to conduc conductt mediamediabased unofficial count
Number Numb er of Copies Copies of the Certifi Certificat cates es of Canvass and Their Distribution (Sec. 29,
R.A. 7166) City or Municipal Board of Canvassers: The City or Municipa ipal Board of Canvas Canvasser sers s shall shall prepa prepare re the certifi certificat cates es of canv anvass ass for for Pres Presid iden ent, t, Vic Vice-P e-Presid eside ent, nt, Senators, Members of the House of Repr Repres esen enta tativ tives es,, and and Elec Electi tive ve Prov Provin inci cial al Offi Offici cial als s in 7 copi copies es to be dist distri ribu bute ted d as follows: 1st copy:
Provincial bo board of of ca canvassers – for for canv canvas assi sing ng of elec electi tion on resu result lts s for for Pres Presid iden ent, t, Vice Vice-President, President, Senators Senators,, Members Members of the House of Repre Represen sentat tative ives s and Electi Elective ve Provincial Officials
2nd copy:
COMELEC
3rd copy:
To be kept by the chairman of the board of canvassers
4th copy:
Citizens' ar arm de designated by by th the COMELE COMELEC C to conduc conductt mediamediabased unofficial count
5th to 7th copies: Representatives of of an any 3 of 6 major major polit politica icall partie parties s acco accord rdin ing g to the the volu volunt ntar ary y agre agreem emen entt of the the part partie ies; s; if there is no agreement, COMELEC shall decide based on the criteria under sec. 26 of RA 7166 City City Bo Boa ards rds of Can Canvass assers ers of citi cities es com compris rising ing one or more leg legisla islati tive ve districts, Provincial Boards of Canvassers, and District Boards of Canvass Canvassers ers in the Metro Manila area: The forego foregoing ing Boa Boards rds of Canva Canvasse ssers rs shall shall prepa prepare re the certi certific ficate ates s of canvas canvass s for Presid President ent,, Vice-P Vice-Pres reside ident nt and Senato Senators rs in 7 copies to be distributed as follows:
5th to 7th copies: Representatives of of an any 3 of 6 major major polit politica icall partie parties s acco accord rdin ing g to the the volu volunt ntar ary y agre agreem emen entt of the the part partie ies; s; if there is no agreement, COMELEC shall decide based on the criteria under sec. 26 of RA 7166 Congress as the National Board of Canvassers (Sec. 30, R.A. 7166) Congress shall determine th e aut authent hentic icit ity y and due exec execut utio ion n of the the certificate certificate of canvass canvass for President President and Vice President as accomplished and transmitted by the local board of canvasser canvassers, s, on a showing showing that:
(1) Each
certificate was executed, signed and thumb thumb marked marked by the chairman chairman and members of the board of canvassers and transmitted to Congress by them;
(2) Each certificate contains the names of all the candidates for President, VicePres Presid iden ent, t, and and thei theirr corr corres espo pond ndin ing g votes in words and in figures; and (3) There There exists exists no discr discrepa epancy ncy in other other authentic copies of the certificate or in the votes both in words and figures in the same certificate.
Completion of the Certificate of Canvass If the certificate of canvass appears to be inco incomp mplet lete, e, the the Sena Senate te Pres Presid iden entt shal shalll require the board of canvassers concerned to TRANSMIT (by personal delivery within 2 days from from noti notice ce)) the the elec electi tion on retu return rns s from from the the polling polling places places that that were were not includ included ed in the
certi ertifi fic cate ate of statements.
canv anvass ass
and and
sup supporting ting
When there appear erasures or alterations in the certificate of canvass which may may cast cast doub doubtt as to the the vera veraci city ty of the the number of votes stated therein and may affect the result of the election, Congress shall, for the sole purpose of verifying the actual number of votes, COUNT the votes as they appear in the copies of the election returns submitted to it, it, upon upon requ reques estt of a pres presid iden enti tial al or vice vice-presidential candidate candidate or their party. party. (Sec. 30,
R.A. 7166) Canvas Canvass s of Votes Votes for the Presi Presiden dentt and Vice-President (Sec. 24, R.A. 8436) The certific ifica at e s of canvass for Presid President ent and Vice-P Vice-Pres reside ident nt shall shall be duly duly certified by the board of canvassers of each province or city. The certific ifica at e s of canvass for Pre Preside siden nt and and Viceice-Pr Pres esid iden entt sha shall be tran transm smit itte ted d to Cong Congre ress ss,, dire direct cted ed to the the Sena Senate te Presi Preside dent nt.. Upon Upon rece receip iptt of the certificate certificates s of canvass, canvass, the Senate Senate President President shall not later than 30 days after the day of the election election OPEN all the certifi certificat cates es in the pres presen ence ce of the the Sena Senate te and and the the Hous House e of Representatives in joint public session. Congr Congress ess upon upon the determ determina inatio tion n of the authen authentic ticity ity and due due execu executio tion n there thereof, of, shall canvass the votes. The person having the highest number of votes shall shall be proclaimed proclaimed elected. In case 2 or more more pers person ons s shal shalll have have an equa equall and and highest number of votes, one of them shall be chos hosen by vote vote of MA MAJJORIT RITY of all the the members of BOTH the Senate and the House of Representatives, voting separately. (To be disc discus usse sed d in the the last last part part of this this reviewer.) Makalintal vs. Comelec The Overseas Absentee Voting Act of 2003 insofar as it grants sweeping authority to the Comelec to proclaim all winning cand andidat idates es,, is unc unconsti nstitu tuti tion ona al as it is repugnant to sec 4 art VII of the Constitution, whic which h vest vests s in Cong Congre ress ss the the auth author orit ity y to procl proclaim aim the winnin winning g Presid President ential ial and Vice Vice Presidential candidates. Ruy Elias Philippines
Lopez
vs.
Senate
of
the
Cong Congre ress ss may may vali validl dly y dele delega gate te the the preliminar preliminary y determina determination tion of the authenticity authenticity and and due due exec execut utio ion n of the the cert certif ific icat ates es of canvass canvass to a Joint Congressiona Congressionall Committee Committee consti constitut tuted ed under under the Rules Rules adopt adopted ed by the Joint Session of Congress. Pimen imente tell Jr. Jr. vs. Joint oint Co Com mmitte ittee e of Congre Congress ss to Canvas Canvass s the Vo Votes tes Cast Cast for President and Vice President Even after Congress had adjourned its regular session, it may continue to perform the cons consttitut itutio iona nall duty uty of canv canvas assi sing ng the the presi presiden dentia tiall and vice-p vice-pres reside identi ntial al electi election on results without need of any call for a special session by the President. PROCLAMATION Duties of Board of Canvassers After the canvass of election returns, in the the abse absenc nce e of a perf perfec ecte ted d appe appeal al to the the COME COMELE LEC, C, the the Boar Board d of Canv Canvas asse sers rs shal shalll procl proclaim aim the candid candidate ates s who obtain obtained ed the highest number of votes cast in the province, city, municipality or barangay, on the basis of the certificates of canvass. Failure to comply with this duty constitutes an election offense. (Sec. 231, B.P. 881) The The Boar Board d of Canv Canvas asse sers rs shal shalll not not proc proclai laim m any any cand candid idat ate e as winn winner er unle unless ss authorized by the COMELEC after the latter has ruled on any objections brought to it on appeal by a losing losing party. party. Any proclam proclamation ation made made in violation hereof shall be void ab initio, unless the contested returns will not adversely affect the results of the election. Once Once the the Boar Board d of Canv Canvas asse sers rs has has compl complete eted d its duty, duty, the board board cannot cannot meet meet again and re-canvass the votes or reverse their prior decision and announce different results. When proclamation void A proclamation is void when it is based inco incomp mple lete te retur eturns ns (Castro Castromay mayor or v. COMELEC, 250 SCRA 298) or when there is yet no complete canvass ( Jamil v. COMELEC, on
G.R. No. 123648, Dec. 15, 1997). A void proclamation is no proclamation at all, all, and and the the pro proclaim laimed ed cand candid idat ate e’s assu assump mpti tion on into into offic office e cann cannot ot depr depriv ive e the the COMELEC of its power to annul the proclamation. Utto vs. Comelec (Gr 150111 Jan 31, 2002)
An inco incomp mple lete te canv canvas ass s of vote votes s is ille illega gall and and cann cannot ot be made made the the basi basis s of a proclamation. A canvass cannot be reflective of the the true true vote vote of the the elec electo tora rate te unle unless ss all all returns are considered and none is omitted. The The fact fact that that a cand candid idat ate e ille illega gall lly y proclaimed has assumed office is not a bar to the exercise by the Comelec of the authority to annul any canvass canvass and proclamat proclamation ion illegally illegally made. Where a proclamation is null and void, the proclaimed candidate’s assumption of office cannot deprive the Comelec of the power to declare such a proclamation a nullity. Partial proclamation (Sec. 21, R.A. 7166) Notwithsta Notwithstanding nding the pendency pendency of any pre-proc pre-proclamat lamation ion controv controversy ersy,, the COMELEC COMELEC may summarily order the proclamation of other winning candidates whose election will not be affected by the outcome of the controversy. controversy. Election Resulting in a Tie
(Sec. 240, B.P.
881) A tie occurs when:
8295) Upon the expiration of the deadline for the the filin filing g of cert certifi ifica cate tes s of cand candid idac acy y in a special election called to fill a vacancy in an elective elective position other than for President President and Vice-President, when there is only one (1) qualified candidate for such position, the lone candidate candidate shall be proclaime proclaimed d elected elected to the positi position on by prope properr procla proclaimi iming ng body body of the COMELEC without holding the special election upon certification by the COMELEC that he is the the only nly cand andidat idate e for the the offic ffice e and and is therefore deemed elected. (Sec. 2) In the absence of any lawful ground to deny deny due course course or cancel cancel the certific certificate ate of candidacy in order to prevent such proclamati proclamation, on, as provided provided for under Sec. 69 and 78 of the Omnibus Election Code, the lone candidate shall assume office not earlier than the scheduled scheduled election election day. day. (Sec. 3) The COMELEC shall decide petitions for disqua disqualifi lificat cation ion not later later than than electi election on day. day. Otherw Otherwise ise,, such such petitio petitions ns shall shall be deemed deemed dismissed. (Sec. 3) MODES OF CHALLENGING CANDIDACY & ELECTION RESULTS
(a) 2 or more candid candidate ates s recei receive ve an equal and highest number of votes; or (b) (b) 2 or more more cand candid idat ates es are are to be elected for the same position and 2 or more more candid candidate ates s recei received ved the same same number of votes for the LAST PLACE in the number to be elected. The board of canvassers, by resolution, upon 5 days notice to all tied candidates, shall hold a special PUBLIC MEETING at which the board shall proceed to the DRAWING OF LOTS of the the cand candid idat ates es who who have have tied tied and and shal shalll proclaim as elected the candidates who may be favored by luck. The candid candidate ates s so procla proclaime imed d shall shall have the right to assume office in the same manner as if he had been elected by plurality of vote. The board of canvassers shall forthwith make make a certifi certificat cate e stating stating the name name of the candidate who had been favored by luck and his proclamation on the basis thereof. Nothing in the above shall be construed as depriving a candidate of his right to contest the election. Proclamat Proclamation ion of a Lone Candidate Candidate
(R.A.
NUISANCE CANDIDATES & CANCELLATION CANCELLATION OF CERTIFICATE OF CANDIDACY Declaration of Nuisance Candidacy (Sec. 5, R.A. 6646) Grou Ground nds s for for candidacy
decl declar arat atio ion n
of
nuis nuisan ance ce
See discussion under Certificate of Candidacy. Nature of proceedings Proc Procee eed dings ings to have have a cand candid idat ate e declared as a nuisance candidate are summary in nature nature.. In lieu lieu of oral testi testimon monies ies,, the partie parties s may be requi required red to submit submit positi position on papers papers togeth together er with with affidav affidavits its or counte counterraffidavits and other documentary evidence. Procedure for declaration of candidate as nuisance candidate WHAT FILED: Verified petition WHO MAY FILE: Any registered candidate for
the same office
candidacy
WHEN FILED: Within 5 days from the last day for the filing of certificates of candidacy
A cert certif ific icat ate e of cand candid idac acy y may may be cancelled or denied due course on either of the following grounds:
WHERE FILED: With the COMELEC
(1) False material representatio representation n in the certificate of candidacy;
PROCEDURE: (1)
(2)
(3)
(4)
(5)
(6)
The petition petition is filed filed with with the COMEL COMELEC EC person personall ally y or throug through h duly-a duly-auth uthor orize ized d repres represent entati ative ve within within 5 days days from from the last day for the filing of certificates of candidacy. Filing by mail is not allowed. allowed. With Within in 3 days days from from the the fili filing ng of the the petit etitio ion, n, the COMEL MELEC shal shalll issu issue e summons summons to the responde respondent nt candidate, candidate, together with a copy of the petition and its enclosures, if any.
(2) If
the certificate filed is a substitute Certifi Certificat cate e of Candid Candidacy acy,, when when it is not not a prop proper er case case of subs substi titu tuti tion on under Sec. 77 of BP 881 (Sec. 2, Rule
24, COMELEC Rules of Procedure) Nature of proceedings Proceedin Proceedings gs for cancellatio cancellation n or denial denial of due course of a certificate of candidacy are summary in nature. Procedure
The respondent shall then have 3 days from receipt of the summons to file his verifi verified ed answ answer er (not a motion ion to dismis dismiss) s) to the petiti petition, on, servin serving g copy copy thereof upon upon the petitioner. Grounds for for a motion to dismiss may be raised as an affirmative defense. The COMELEC may then designate any of its officials who are lawyers to hear the case and receive evidence. evidence. In lieu of oral testimonies, the parties may be required to submit position papers together with affidavits or counter-affidavits and other docume documenta ntary ry evi eviden dence. ce. The hear hearing ing officer officer shall immediately immediately submit to the COME COMELE LEC C his his findi finding ngs, s, repo report rts, s, and and recommendations within 5 days from the comple mplettion ion of such such sub submiss missio ion n of evidence. The The COME COMELE LEC C shal shalll then then rend render er its its decision within 5 days from receipt of the findi finding ngs s of the the hear hearing ing offi office cer. r. This This decisi decision on shall shall be disse dissemin minate ated d by the COMEL OMELEC EC to the the city city or munic unicip ipa al electi election on regist registrar rars, s, board boards s of electi election on inspectors, and the general public in the political subdivision concerned within 24 hour hours s thro throug ugh h the the fast fastes estt avai availa labl ble e means. After 5 days from receipt of the parties, the decision becomes final and executory unless stayed by the Supreme Court.
Cancellation of Certificate of Candidacy Grounds for cancellation of certificate of
WHO MAY FILE: Any citizen of voting age, or A duly registered political party, organization, or coalition of political parties WHEN FILED: Within 5 days from the last day for the filing of certificates of candidacy WHERE FILED: With the Law Department of the COMELEC PRE-PROCLAMATION PRE-PROCLAMATION CONTROVERSIES CONTROVERSIES Meaning of Pre-Proclamation Controversy A pre-proclamation controversy refers to any any ques questi tion on or matt matter er pert pertai aini ning ng to or affe affect cting ing the the proc procee eedi ding ngs s of the the boar board d of canvasser canvassers, s, or any matter matter raised raised under Sec. 233-236 of BP 881 in relation to the preparation, transmission, receipt, custody and apprec appreciat iation ion of the elect election ion retur returns. ns. (Sec.
241, BP 881) The The inst instit itut utio ion n of the the prepre-pr proc ocla lama mati tion on cont contro rove vers rsy y was was inte intend nded ed to prev preven entt the the nefa nefari riou ous s prac practi tice ce know known n as “gra “grabb-th theeproclamation, prolong-the-protest”. prolong-the-protest”. Jurisdiction The COMELEC has exclusive jurisdiction over pre-p pre-proc roclamatio lamation n cases. cases. It may order, order, upon writt written en peti petiti tion on,, the the motu propio propio or upon partial or total suspension of the proclamation of any candid candidate ate-el -elect ect or annul annul partia partially lly or tota totally lly any any proc procla lama mati tion on,, if one one has has been been
made. (Sec. 242, BP 881) Olfato vs. Comelec ( 103 SCRA 741) While the Comelec has merely appell appellate ate jurisd jurisdict iction ion over over electi election on conte contests sts invo involv lvin ing g muni munici cipa pall offi office ces, s, it cann cannot ot be deprived of its exclusive jurisdiction over preproclamation contests. It is immaterial if some of the grounds adduced adduced are grounds grounds for an election election contest rather than for a pre-proclamation controversy. controversy. When not allowed PrePre-pr proc oclam lamat atio ion n cont contro rove vers rsie ies s on matters relating to the preparation, transmission, receipt, custody and appreciation of the electi election on return returns s or the certifi certificat cates es of canv canvas ass, s, are are not not allo allowe wed d for for the the foll follow owin ing g positions: • • •
•
President Vice President Senator Member of the House of Representatives (Sec. 15, R.A. 7166)
Howe Howeve ver, r, this this does does not not prec preclu lude de the the authority authority of the appropri appropriate ate canvassin canvassing g body motu propio or upon written complaint of an interested person to correct manifest errors in the certificate certificate of canvass canvass or election returns before it. Nature of proceedings
the election elections s on the basis basis of the canva canvass. ss. It may well be true true that that the public public policy policy may occasionally permit the occurrence of grab the procla oclam matio ation n and and prolong long the prote otest situations; that public policy however, balances the possibility possibility of such situations situations against the shor shorte teni ning ng of the the peri period od duri during ng whic which h no winners winners are proclaimed proclaimed,, a period period commonly commonly fraught with tension and danger for the public. For those who disagree disagree with the policy, policy, the recourse is with the legislature. The mandatory requirement to comply with with the proce procedur dure e for a pre-p pre-proc roclama lamatio tion n controversy is in view of the policy to have a quick determination of the election results. Manifest errors The Comelec may entertain petitions for the correction of “manifest errors” in the Certificate of Canvass or in the election returns. To be “manifest”, the errors must appear on the the face face of the the Cert Certifi ifica cate tes s of Canv Canvas ass s or election election returns sought to be corrected, corrected, and obje object ctio ions ns ther theret eto o must must have have been been made made before the Board of Canvassers and specifically note noted d in the the minu minute tes s of thei theirr resp respec ecti tive ve proceedin proceedings gs (Chavez (Chavez vs. Comelec Comelec 211 SCRA 315) A “manifest error” is one that is visible to the eye or obvious to the understanding; that whic which h is open open,, palp palpab able le,, inco incont ntro rove vert rtib ible le,, needin needing g no evide evidence nce to make make it more more clear. clear. ( O’Hara vs. Comelec GR no. 148941-42 Mar 12, 2002)
All pre-proclamation controversies shall be heard summarily by the COMELEC after due notice notice and hearin hearing. g. This This is becau because se canvas canvass s and proclamation should be delayed as little as poss possib ible le.. Ques Questi tion ons s whic which h requ requir ire e more more deliberate and necessarily longer consideration are left for examination in the corresponding election protest. (Sison v. COMELEC, G.R. No.
Bince vs. Comelec
134096. March 3, 1999)
Although the provision applies to a preproclamation controversy, there is nothing to prevent its application to cases in which the validity of the proclamation is in question.
A petition for correction of errors in the Certificate of Canvass may be filed at any time before proclamation. Torres vs. Comelec
Parties adversely affected by a ruling of the board of canvassers on questions affecting the composition or proceedings of the board may appeal the matter to the Commission with 3 days from a ruling thereon. The Commission shall summarily decide the case within 5 days from the filling thereof ( Sec 19 RA 7166)
Since Since the Statem Statement ent of Vot Votes es is the basis of the Certificate of Canvass and of the proc proclam lamat atio ion, n, any any erro errorr in the the Stat Statem emen entt affects the validity of the proclamation.
Dimaporo v. COMELEC
Ramirez vs. Comelec
The policy behind limiting the issues of the the prepre-pr proc ocla lama mati tion on cont contro rove vers rsy y is to determine as quickly as possible the results of
Correction ions should be made by inserting inserting the correctio corrections ns in the Statement Statement of Votes Vot es or by prepa preparin ring g a new Statemen Statementt of
Votes incorporating the corrections.
Pre-proclamation cases
Restricted to an examination of the lection returns on their face. Without jurisdiction to go beyond or behind elections returns and investigate election irregularities
Cases of Actions for Annulment of Election Results or Decl eclarati ration on of Failure of Elections Comelec may conduct technical examination of election documents and compare and analyze voters’ signatures and fingerprints in order to determine whether or not the elections had indeed been free, honest and clean
Lee vs. Comelec Where there is a prima facie showing that that the return return is not genuine, genuine, the princ principl iple e that in pre-proclamation cases, the Comelec is without jurisdiction to go beyond or behind the election election returns returns and investiga investigate te irregularit irregularities, ies, does not apply. Issues that may be Raised (1) Illegal composition or proceedings of the board of election canvassers
Laodeno vs. Comelec ( 276 SCRA 705) By participating in the proceedings, the petitioner is deemed to have acquiesced in the composition of the Board of Canvassers.
determining that the ballot box has not been tampered with. The failure of the Comelec to do so, after excluding the return, will result in the disenf disenfran ranchi chisem sement ent of the voters voters in the particular precinct. Neither can the Certificate of Votes be used for the canvass because it was signed only by the Chairman. (3) The election returns were: prepar epared ed und under dures uress s, thr threats, ats, coercion, intimidation or obviously manufactured or not authentic
•
•
Lagumbay Lagumbay v. Comelec (16 SCRA 175), The The Supr Suprem eme e Cour Courtt empo empowe were red d the the Comm Commis issi sion on on Elec Electi tion ons s to null nullify ify cert certain ain contested returns on the ground of "statistic "statistical al improbab improbabiliti ilities", es", when WE sustained the authority of the Commission to examine voting records, the number of ballots and the number of votes reportedly cast and tallied for each and every candidate, when the return returns s are obviou obviously sly false false or fabric fabricate ated. d. In said case, WE, adopted "a practical approach to the Commissions mission to insure a free and honest elections" by denying prima facie reco recogn gniti ition on to the the elec electio tion n retu return rns s on the the ground that they were manifestly manufactured or falsified. (4) Substi Substitut tuted ed or fraudu fraudulen lentt return returns s in cont contro rove vert rted ed poll pollin ing g plac places es were were canv canvas asse sed d, the the resul esults ts of whic hich materially affected the standing of the aggrieved candidate(s). (5)
(2) Canvassed election returns are either: • • • •
incomplete contain material defects appear to be tampered with or falsified cont contai ain n disc discre repa panc ncie ies s in the the same same returns or in other authentic copies
Patoray vs. Comelec (249 SCRA 440) It is an err error for for the the Comele melec c to exclud exclude e from from the canvas canvass s electi election on return returns s where the defect in the return refers only to some incomplete data. Where Where the Certificate Certificate of Votes Votes shows shows tampering, alteration and falsification, or any othe otherr anom anomal aly y in the the prep prepar arat atio ion n of the the electi election on return return,, the Comele Comelec c should should order order a recount recount of the votes cast in the precinct, precinct, after
Manifest Manifest errors errors in in the Certificat Certificates es of Canvass or Election Returns (Sec. 15,
R.A. 7166; 7166; Chavez v. COMELEC, COMELEC, 211 SCRA 315) It must be noted that this enumeration is rest restri rict ctiv ive e and and excl exclus usiv ive. e. The The comp comple lete te elec electi tion on retu return rns s whos whose e auth authen enti tici city ty is not not questi questione oned d must must be prima prima facie facie considered valid for purposes of canvass and procl proclama amatio tion. n. To allow allow a re-co re-count unt or a reapprec appreciat iation ion of the votes votes in every every instan instance ce would paralyze canvass and proclamation. Issues that cannot be raised Jur Jurispr isprud uden enc ce has held held that that the the foll follow owing ing issu issues es are are not not prop proper er in a prepreproclamation controversy: controversy: •
Appr Apprec eciat iatio ion n of ball ballot ots, s, as this this is
performe performed d by the Board of Election Election Inspectors at the precinct level and is not part of the proceed proceeding ings s of the Boar Board d of Canv Canvas asse sers rs (Sanch Sanchez ez v. COMELEC, 153 SCRA 67, reiterated in
sit sit as such such is objec objecte ted d to if it comes comes after after the canvas canvassin sing g of the board, or immediately at the point where the proceedings are or begin begin to be be illegal. Otherwise, by participating in th e proc procee eedi ding ngs, s, the the peti petiti tion oner er is deemed deemed to have have acquie acquiesce sced d in the composition of the Board of Canvassers.
Chavez v. COMELEC, 211 SCRA 315); •
Technical examination of th e sign signat atur ures es and and thum thumb b mark marks s of voters (Balindong v. COMELEC, 260
SCRA SCRA 494; 494; Matal Matalam am v. COME COMELEC LEC,, 271 SCRA 733); •
(b)
Prayer for re-opening of ballot boxes ( Alf Alfon onso so v. COME COMELE LEC C, G.R. G.R. No. No.
107847, June 2, 1994); •
Padding of the Registry List of Voters of a municipality, massive fraud and terror terrorism ism (Ututal Ututalum um v. COME COMELE LEC, C,
181 SCRA 335);
If the petition is for correction, correction, it must be filed not later than 5 days follo llowing ing the date of proclamation, and must implead all candidates who may be adve advers rsel ely y affe affect cted ed ther thereb eby. y. (Sec. Sec. 5(b), 5(b), Rule Rule 27, 27, COMEL COMELEC EC
Rules of Procedure) PROCEDURE: If filed with the Board first:
•
Challenges directed against the Board of Electi Election on Inspec Inspector tors s (Ututalum Ututalum v.
COMELEC, supra) •
Frau Fraud, d, terr terror oris ism m and and othe otherr ille illega gall elec electo tora rall prac practi tice ces. s. Thes These e are are properly within the office of election contests over which elec lectoral trib tribun unal als s hav have sole, le, exc exclusi lusiv ve jurisdiction. (Loong Loong v. COMELEC)
(1) Petitioner submits h is / h er objec objectio tion n to the chairman chairman of the board of canvassers. (2) The Board makes its ruling. (3) Within 3 days from the ruling, the part partie ies s adve advers rsely ely affec affecte ted d may may appeal the matter to the COMELEC.
(4) Upon Upon Procedure The procedure for filing a preproclamati proclamation on controve controversy rsy depends depends on the issue being raised: (a) Questions involving the composition or proceedings of the board of canvasser canvassers, s, or correction correction of manifest manifest errors
WHERE:
The controversy may be initiated either in the Board of Canvassers or direct directly ly with with the COMEL COMELEC. EC. (Sec. 17, R.A. 7166)
WHEN:
It depends:
(a)
If petit petition ion involv involves es the illegal composition or proceedings of the board, it must be file filed d imme immedi diat atel ely y when when the the boar board d begins to act as such (Laodeno v. COMELEC, 276 SCRA 705), or at the time of the appointment of the membe memberr whose whose capaci capacity ty to
appeal appeal,, the COMEL COMELEC EC shall shall summarily decide the case within 5 days from the filing thereof. thereof. (Sec.
19, R.A. 7166) If initiated directly with the COMELEC: (1) Peti Petiti tion oner er files files peti petiti tion on with with the the COMELEC. (2) Upon the docketing of such petition, the Clerk of Court conc concer erne ned d shal shalll issu issue e summ summon ons s with with a cop copy of the the petit etitio ion n to respondents.
(3) The
Clerk of Court concerned shall imme immedi diat atel ely y set set the the peti petitio tion n for for hearing. hearing. The COMELE COMELEC C shall shall hear hear and decide the petition en banc .
The The Boar Board d of Canv Canvas asse sers rs shal shalll not not commence, proceed or resume canvass unless otherwise ordered by the COMELEC. COMELEC. (Sec. 5,
Rule 27, COMELEC Rules of Procedure) (b) Matter Matters s relati relating ng to the prepa preparat ration ion,,
trans transmi miss ssio ion, n, recei receipt pt,, cust custod ody y and and apprec appreciat iation ion of the electi election on return returns s and certificates of canvass WHERE: Only with Canvassers
the
Board
on the the objectio objection. n. The Board Board then enters its ruling on the prescribed form form and authen authentic ticate ates s the same same by entering the signatures of all its members.
of (6)
The parties parties adverse adversely ly affected affected by the ruling immediately immediately inform the Board if they intend to appeal the ruling ruling.. Such Such inform informati ation on is then then entered in the minutes of canvass.
(7)
The The Boar Board d then then sets sets asid aside e the the return returns s and proce proceeds eds to consid consider er the other other returns. returns. The Board Board then suspends the canvass after all the unco uncont ntes este ted d retu return rns s have have been been canvassed and the contested return ruled upon by it.
(8)
Within 48 hours from the ruling, the part party y adve advers rsel ely y affe affect cted ed files files a written and verified notice of appeal with with the Boa Board. rd. The part party y then then files an appeal with the COMELEC within a non-extendible period of 5 days thereafter.
(9)
Immedi Immediate ately ly upon upon receip receiptt of the notice of appeal, the Board makes an appropriat iate report to the COMELEC, COMELEC, elevating elevating therewith therewith the comp comple lete te reco record rds s and and evid eviden ence ce subm submit itte ted d in the the canv canvas ass, s, and and furnishing the parties with copies of the report.
(10)
The COMELE COMELEC C summar summarily ily decide decides s the the appe appeal al with within in 7 days days from from receipt of the record and evidence elevated to it by the Board.
(11)
The COMELEC's COMELEC's decision decision becomes becomes executory after the lapse of 7 days from receipt thereof by the losing party.
(12)
The COMELEC then authorizes the Board Boa rd of Canva Canvasse ssers rs to proce proceed ed with with the the procla oclama mati tio on of the winner. winner. Any proclamat proclamation ion made without without COMELEC COMELEC authorizat authorization ion is void ab initio, unless the contested returns do not adversely affect the results results of the the electi election. on. (Sec. 20,
WHEN: At the time time the questi questione oned d return is presented for inclusion in the canvass. WHO: Any candidate candidate,, political political party party or coalition of political parties PROCEDURE: (1)
The contesting party makes an oral objec objectio tion n to the chairm chairman an of the Board of Canvassers at the time the questioned questioned return is presente presented d for inclus inclusio ion n in the can canva vass ss.. Such Such objection is recorded in the minutes of canvass. Simultaneous with the oral objection, objection, the objecting objecting party enters his objection in the form for written objections prescribed by the COMELEC.
(2)
Upon receipt of such objection, the Boar Board d auto automa mati tica call lly y defe defers rs the the canva canvass ss of the contes contested ted return returns s and and proce oceeds eds to canv anvass ass the the returns which are not contested by any party.
(3)
Within 24 hours from and after the presentation of such objection, the objecting ing party submits th e evidence in support of th e objection objection,, which shall be attached attached to the form for written objections. Within Within the same same 24-hou 24-hourr period period,, any party party may file a writt written en and verified opposition to the objection in the presc prescrib ribed ed COMEL COMELEC EC form, form, attach attaching ing suppor supportin ting g eviden evidence, ce, if any. The Board Board shall not not entertain entertain any objection or opposition unless reduced to writing in the prescribed forms.
(4)
(5)
The Boa Board rd chairm chairman an immedi immediate ately ly and formally formally admits the evidence evidence attached to the objection or opposition by affixing his signature at the back of each and every page thereof. Upon Upon receip receiptt of the eviden evidence, ce, the Board Board consider considers s the objection objection and the opposition, and summarily rules
R.A. 7166) This This proce procedur dure e is mand mandato atory ry.. NonNoncompliance with any of the steps above is fatal to the pre-proclamation petition.
Effec ffectt of fil filing ing controversy
of
prepre-p procl rocla amatio ation n
The period to file an election contest shall be SUSPENDED during the pendency of the pre-proclamation contest in the COMELEC or the the Sup Supreme Cou Court. ( Ala Alang ngde deo o v.
COMELEC, June 1989) The right of the prevailing party in the pre-proc pre-proclamat lamation ion contest contest to the execution execution of COMELE COMELEC’s C’s decisi decision on does does not bar the losing losing party from filing an election contest. Despite the pendency of a preproclamation contest, the COMELEC may order the proclamation of other winning candidates whos whose e elec electi tion on will will not not be affec affecte ted d by the the outcome of the controversy. controversy. Effect of candidate
proclamation
of
winning
A pre-procl pre-proclamati amation on controver controversy sy shall no longer be viable after the proclamation and assumption into office by the candidate whose elec electi tion on is conte contest sted ed.. The The remed remedy y is an elec electi tion on prot protes estt befor before e the the prop proper er foru forum. m. (Mayor v. COMELEC, January 1989) The prevailing prevailing candidate candidate may still be unseated even though he has been proclaimed and installed in office if: 1.
2.
3.
The opponent is adjudged the true winn winner er of the the elec electi tion on by fina finall judg judgmen mentt of court court in an electi election on contest; The The prev prevai ailin ling g part party y is decl declar ared ed inelig ineligibl ible e or disqua disqualifi lified ed by final final jud judg gment ment of a court urt in a QUO QUO WARRANTO case; or The The incum incumbe bent nt is remo remove ved d from from office for cause.
Abella v. Larrazabal Pre-pr Pre-procl oclama amatio tion n contr controve oversi rsies es are summary in nature. The policy behind election election law is that that pre-pr pre-proc oclam lamati ation on contr controv overs ersies ies should be summarily decided, consistent with the law law’s desire that the canvass and proclamation be delayed as little as possible. Thus Thus,, ques questi tion ons s as to the the appr apprec ecia iatio tion n of ballots and the conduct of the campaign and balloting, balloting, which require require more more deliberat deliberate e and necessarily longer consideration are proper for an election contest.
The dismis dismissal sal of a pre-p pre-proc roclam lamati ation on controversy does not mean that th e disqua disqualifi lificat cation ion cas case e is moot moot and acade academic mic.. The two are are independ independent ent of each each other. other. The purpose of the pre-proclamation controversy is to ascertain the winners in the elections on the basis of election returns duly authenticated by the board of inspectors and admitted by the boar board d of canva canvass sser ers. s. The The purp purpos ose e of the disqualific disqualification ation proceeding proceeding is to prevent prevent the candid candidate ate from from runnin running, g, or if electe elected, d, from from serving, serving, or to prosecute prosecute him for violation violation of election laws. laws. The mere mere fact that a candidate has been proclaimed does not signify that his disqualification is deemed condoned and may no long longe er be the sub subject ject of a separ eparat ate e investigation. Agbayani v. COMELEC The proclam lamation ion of a winn inning ing candidate makes a pre-proclamation ion controver controversy sy no longer longer viable. viable. The remedy remedy is an election protest, but this is only true where there there is a valid valid procl proclama amatio tion n or where where the proclamation is based on a complete canvass. Where it is clai laimed that there was an incomp incomplet lete e canva canvass ss or that that certai certain n return returns s should have been omitted because they were manufa manufactu cture red d and other other return returns s cannot cannot be included because they have been irretrievably lost, the pre-proc pre-proclamat lamation ion controver controversy sy should should still be continued despite the proclamation of the supposed winner. COMELEC may in such a pre-proclamation controversy determine if the proclamation should be annulled. The proclamation proclamation of the winner does not prevent COMELEC from continuing with the prepre-pr proc ocla lama mati tion on cont contro rove vers rsy y agai agains nstt the the winner and after annulling i ts proclamation. PETITIO ITION N TO ANNUL PROCLAMATION
OR
SUSPEND
The The fili filing ng with ith the the COME COMELE LEC C of a petition petition to annul or to suspend proclamation proclamation suspends the running of the period to file an election protest. ( Alangdeo Alangdeo v. COMELEC, June
1989) No law provi provides des for a reglem reglement entary ary period within which to file a petition for the annulment of an election if there is as yet no proclamation. (Loong v. COMELEC, 257 SCRA
1) Ther There e is no fixed fixed time time fram frame e with within in which to file a petition to annul a proclamation, the same being limited only by the standard of reasonableness.
DECLARATION OF FAILURE OF ELECTION Nature of petition to declare a failure of election A petit etitio ion n to declar clare e a failu ailurre of electi election on is neithe neitherr an electi election on prote protest st nor nor a pre-p pre-proc roclam lamati ation on contr controve overs rsy. y. ( Borj Borja a v.
COMELEC, 260 SCRA 604) Grounds for declaration
See discussion under Election Proper. Jurisdiction of COMELEC The COMELEC, COMELEC, sitting sitting en banc banc , may may declare a failure of election by a majority vote of its members. (Sec. 4, R.A. 71660 The COMELEC, in the case of actions for annulment of election results or declaration of failur failure e of electi elections ons,, may condu conduct ct techni technical cal exam examin inat atio ion n of elec electi tion on docu docume ment nts s and and compare compare and analyze analyze voters' voters' signatures signatures and fingerprints in order to determine whether or not the elections had indeed been free, honest and clean. (Loong v. COMELEC, supra) Requisites for the declaration of failure of election Befo Before re the the COME COMELE LEC C can can act act on a verified petition seeking a declaration of failure of elec electi tion on,, the the foll follow owing ing cond conditi ition ons s must must concur:
(1) Petitioner files verified petition with the Law Department of the COMELEC.
Unless ss a shor shorte terr peri period od is deem deemed ed (2) Unle necessary by circumstances, within 24 hours, hours, the Clerk Clerk of Court Court concer concerned ned serves notices to all interested parties, indicating therein the date of hearing, through the fastest means available. (3) Unle Unless ss a shor shorte terr peri period od is deem deemed ed necessary by the circumstances, within 2 days days from from rece receip iptt of the the noti notice ce of hearing, any interested party may file an opposition with the Law Department of the COMELEC. (4) The The COME COMELE LEC C proc procee eeds ds to hear hear the the petition. petition. The COMELEC COMELEC may delega delegate te the hearing of the case and the rece recept ptio ion n of evid eviden ence ce to any any of its its offi offici cial als s who who are are memb member ers s of the the Philippine Bar. (5) The COMELEC then decides whether to grant grant or deny deny the peti petitio tion. n. This This lies within the exclusive prerogative of the COMELEC.
DISQUALIFICATION CASES Grounds for disqualification disqualification
See discussion under Certificates of Candidacy. Priority of disqualification cases
voting ng has has take taken n plac place e in the the (1) No voti prec precin inct cts s conc concer erne ned d on the the date date fixed by law, or even if there was voti voting ng,, the the elec electi tion on none noneth thel eles ess s resulted in a failure to elect; and
The COMELEC and the courts shall give priority to cases of disqualification for violation of the Omnibus Election Code, to the end that a final decision shall be rendered not later than 7 days days befo before re the the elec electi tion on in which hich the the disqualification is sought. (Sec. 72, BP 881)
(2) The The
Procedure
vote votes s cast cast woul would d affe affect ct the the results results of the the electio election. n. (Mitmug v.
COMELEC, COMELEC, 230 SCRA 54; 54; Loong v. COME COMELE LEC C, sup supra ra;; Hass Hassan an v. COMELEC, 264 SCRA 125) The The elec electio tion n is only only to be set set asid aside e when it is impossible from any evidence within reac reach h to asce ascert rtai ain n the the true true resu result lt – when when neither from the returns nor from other proof can the truth be determined (i.e. where the illegality illegality affects more than 50% of the total number of votes cast and the remainder does not constitute a valid constituency). Procedure
WHO MAY FILE: Any citizen of voting age, or Any duly registere registered d political political party, organization or coalition of political parties WHERE: Law Department of the COMELEC WHEN: Any day after the last day for filing of certifi certificat cates es of candid candidacy acy,, but not not late laterr than than the the date ate of proclamation Effect of disqualification disqualification case
Any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted. If for any reason reason a candid candidate ate is not disq disqua uali lifi fied ed befo before re an elec electi tion on and and he is subs subseq eque uent ntly ly vote voted d for for and and rece receiv ives es the the winning number of votes in such election, the COMELEC or the courts shall continue with the tria triall and and hear hearing ing of the the actio action, n, inqu inquir iry, y, or protest and may order the suspension of the procl proclama amatio tion n of such such candid candidate ate during during the pend penden ency cy of the the case case upon upon moti motion on of the the complainant or any intervenor, provided that evidence evidence of of his guilt guilt is strong strong.. (Sec. 6, R.A.
claim of misdeclaration of stray votes is made would open the floodgates to such claims and paralyze canvass and proclamat proclamation ion proceedin proceedings, gs, given given the propensity for the loser to demand a recount. The policy of the law is that a pre-proc pre-proclamat lamation ion controve controversy rsy should should be summarily decided. e) The The groun ground d for recou recount nt relie relied d upon upon is clearly not among the issues that may be raise aised d in a pre-p e-procla oclama mattion ion controversy. H is alleg legation ion of inv invalida lidati tio on of “Sanc Sanch hez” ez” votes otes intended for him bears no relation to the correctness and authenticity of the election returns canvassed.
6646)
Patoray vs Comelec (279 SCRA 470)
The The fac fact that that the the cand andidat idate e who obtained the highest number of votes is later declared to be disqualified or not eligible for the office to which he was elected, does not necessarily entitle the candidate who obtained the the seco second nd high highes estt numb number er of vote votes s to be declared the winner of the elective office.
Objections to the inclusion of election return returns s are are direct directed ed primar primarily ily at the ballot ballots s refle eflec cted ted in the the retur eturns ns,, this this inv involve lves appreciation of ballots and cannot be raised in an election protest.
Sanchez vs Comelec (153 SCRA 67)
Technic Technical al exami examinat nation ion of signat signature ures s and thumb marks of voters runs counter to the natu nature re and and scop scope e of a prepre-pr proc ocla lama mati tion on contest; the remedy is to raise these issues in an election protest.
Supreme Supreme Court Court said Sanchez’ petition for recount recount and/or and/or re-apprec re-appreciation iation of ballots ballots may NOT be consid considere ered d a pre-p pre-proc roclam lamati ation on controversy for the ff. reasons:
Balindong vs Comelec (260 SCRA 494)
Alfonso vs Comelec (June 2, 1994) a) An elec electi tion on retu return rn is “inc “incom ompl plet ete” e” if ther there e is an omis omissi sion on in the the elec electi tion on return of the name of any candidate and/or his corresponding votes, or in case the number of votes for a candidate had been omitted. Here, the name of Sanchez as well as the number of votes counted an d apprec appreciat iated ed in his favor by the BEI. BEI. Errors in appreciation of ballots by the BEI are proper subject for an election protest and not for a pre-proclamation contest. b) Apprec Appreciat iation ion of of votes votes is not not part part of the the proceedings of the Board of Canvassers, it is performed by the BEI at the precinct level. c) Enum Enumer erat atio ion n of issue issues s whic which h may may be raised in a pre-proclamation controversy under sec. 243 BP 881 is restrictive and exclusive. The complete election election returns returns whose whose authenticity authenticity is not in questi question on must must be prima prima facie consid considere ered d valid valid for the purpos purpose e of canvass and proclamation. d) To exp expan and d the the issu issues es beyon eyond d thos those e enum enumer erat ated ed in sec. sec. 243 243 and and allo allow w recoun recountt or re-app re-apprec reciat iation ion where where a
The The pray prayer er for re-o re-ope peni ning ng of ball ballot ot boxes is not a proper issue in a preproc procla lama mati tion on cont contro rove vers rsy y but but shou should ld be threshed out in an election contest Villaroya vs Comelec (155 SCRA 633) In a prepre-pr proc ocla lama mati tion on cont contes est, t, the the Comelec may order the correction of a clerical error in the Statement of Votes (by Board of Canv Canvas asse sers rs)) to corr corres espo pond nd to the the figu figure res s reflected reflected in the election returns—eve returns—even n if the candid candidate ate// repres represent entati ative ve failed failed to file file the timely protest during canvassing, as the error in the Statement of Votes was not apparent on its face. Duremdes vs Comelec (178 SCRA 746) Failure to object to the Statement of Votes before the Board of Canvassers is not a bar to raising the issue before the Comelec for the first time; the law is silent as to when they may be raised. Castromayor vs Comelec (250 SCRA 298)
Any party dissatisfied with the ruling of the BoC shall have the right to appeal to the Comelec. Since the Statement of Votes which was to be corrected by the Board forms the basi basis s of the the Cert Certifi ifica cate te if Canv Canvas ass s and and the the proclamation, petitioner begs the question by sayi saying ng that that this this is not not a prepre-pr proc ocla lama mati tion on controversy and the procedure for PPC cannot be applied to the correction of the computation of the total number of votes obtained by the candidates in the Statement of Votes. Mentang vs Comelec (Feb. 4, 1994) The SC declared it has already ruled that the filing of a petition to annul a proclamation suspends the running of the 10day day peri period od with within in whic which h to file file an elec electi tion on contest, contest, provided provided that the allegations allegations,, which which when proved, will render the proclamation null and void. Such petition may be filed directly with the Comelec even as a pre-proclamation contro controver versy, sy, provi provided ded it is done done within within ten days after proclamation
Mayor vs Comelec (Jan. 1989) After proclamation and assumption of offi office ce,, the the prop proper er reme remedy dy is an elec electi tion on protest, not a pre-proclamation pre-proclamation controversy. ELECTION CONTESTS Election contests, defined These are adversar adversarial ial proceed proceedings ings by which matters involving the title or claim to an elective offi ffice, made befor fore or afte fter proclamation of the winner, is settled whether or not the contestant is claiming the office in dispute. The purpose of an election contest is to ascertain the candidate lawfully elected to office. Nature of election contests An elec electi tion on cont contes estt is imbue imbued d with with public interest.
Bince vs Comelec (242 SCRA 273) Comelec may annul a proclamation on account of a mathem mathemati atical cal error error commi committe tted d by the Board Boa rd of Canvas Canvasser sers s in the compu computat tation ion of votes received. Petition for correction may be filed at any time before proclamation and there is nothing nothing to sugges suggestt this this cannot cannot be applie applied d when validity of proclamat proclamation ion is precisely precisely in question.
The election contest must be liberally construed construed to favor favor the will will of the people. people. An election contest may not be defeated by mere technical objections. Until and unless the election protest is decided against him, a person who has been proclaimed as duly elected has the lawful right to ass assume ume and and perfo erforrm the the dutie uties s and and functions of the office.
Ututalum vs Comelec (181 S 335) Padd Padding ing of Regi Regist stry ry of Vote Voters rs of a muni munici cipa palit lity y not not a list listed ed grou ground nd for for prepreproclamation controversy controversy Lazatin vs Comelec (157 SCRA 337) Issue of validity validity of proclamat proclamation ion and irregularities connected therewith is a matter properly addressed to the HRET. Darantinao vs Comelec (June 1989) Come Comele lec c has has the the powe powerr to inqu inquir ire e whether members of the Board of Canvassers are qualified or not, whether or not an election had had been een held held in a prec precin inct ct,, in orde orderr to determine the integrity of the election returns Alangdeo vs Comelec (June 1989) The The fili filing ng with with the the Come Comele lec c of a petition to annul or suspend the proclamation shall shall suspen suspend d the period period to file an electi election on protest.
Distin Distincti ction on betwee between n Pre-Pr Pre-Procl oclama amatio tion n Controversy and Election Contest 1) The Dividi Dividing ng candidate
line: line:
Procl Proclama amatio tion n
of
2) Jurisdiction 2) Jurisdiction A. Pre-proclamation controversy 1.The jurisdiction of COMELEC is administrative/quasi-judicial 2.It is governed by the requirements of administrative due process B. Election contest 1.The jurisdiction of COMELEC is judicial 2.It is gover governed ned by the requirements of judicial process
3) In some some cases, cases, even even if the case case (invol (involvin ving g muni munici cip pal offic fficia ials ls)) began egan with ith the the COME COMELE LEC C befor efore e proc procla lama mati tion on but but a proclamation is made before th e controversy is resolved, it ceases to be a pre-proclamation controversy and becomes an election contest cognizable by the RTC. 4) How However, in some cases, the SC has recogn recognize ized d the jurisd jurisdict iction ion of COMEL COMELEC EC over municipal cases even after proclamation.
juris jurisdic dictio tion n (i.e., (i.e., Region Regional al Trial Trial Court Courts) s) or involving elective barangay officials decided by trial trial courts courts of limite limited d jurisd jurisdict iction ion (i.e., (i.e., the Municipal Trial Courts). Decisions, final orders, or rulings of the COME COMELE LEC C on elec electi tion on conte ontest sts s inv involvi olving ng elective elective municipal municipal and barangay barangay offices shall be final, executory and not not appealable. appealable. (Sec. Note, 2, Art. Art. IX-C IX-C,, 1987 1987 Cons Constit titut utio ion) n) howe howeve ver, r, that that this this does does not not prec preclu lude de a recourse to the Supreme Court by way of a special special civil civil action action for certiorar certiorari. i. (Galido Galido v.
Jurisdiction over election contests
COMELEC, 193 SCFA 78)
Supreme Court
Regional and Municipal Trial Courts
The Supreme Supreme Court, Court, sitting sitting en banc , shall be the sole judge of all contests relating to the election, returns, and disqualifications of the the Pres Presid iden ent, t, Vice Vice-P -Pre resi sid dent, ent, and and may may promulgat promulgate e its rules rules for such such purpose purpose.. ( Art. Art.
The Regional Trial Courts and Municipal Trial Courts have exclusive original jurisdiction over mun municip icipal al and and baran arang gay offic fficia ials ls,, respectively.
VII, Sec. 4, 1987 Constitution) Elec Electo tora rall Trib Tribun unal als s of the the Sena Senate te and and House of Representatives The Senate and the House of Repr Repres esen enta tativ tives es have have thei theirr own own elec electo tora rall trib tribun unals als.. Each Each elect elector oral al tribu tribuna nall has 9 memb member ers: s: 3 Supr Suprem eme e Cour Courtt Just Justic ices es,, 6 members of the Senate or House of Representatives, as the case may be, who shall be cho chosen sen on the basi basis s of propor portion tional al represent representation ation from the political political parties parties and the parties parties or organizat organizations ions register registered ed under the party-l party-list ist syste system m repre represen sented ted therei therein. n. ( Art. Art. VI, Sec. 17, 1987 Constitution) For For purp purpos oses es of elec electi tion on cont contes ests ts cognizable by the Electoral Tribunals, the rules of proce procedur dure e of such such tribu tribunal nals s shall shall preva prevail il over over the provis provision ions s of the Omnibu Omnibus s Electi Election on Code. (Lazatin v. HRET, 168 SCRA 39) COMELEC The COMELE COMELEC C has exclus exclusive ive origin original al jurisdiction over all election contests relating to the elections, returns, and qualifications of all elective: (1) Regional Officials; (2) Provincial Officials; and (3) City Officials
Dec Decisio isions ns in the these cas cases appealed to the Supreme Court.
may may
be
The COMELEC has appellate jurisdiction over all contests contests involving involving elective municipal municipal offic officia ials ls deci decide ded d by tria triall cour courts ts of gene genera rall
It must be noted that cases involving qualifications of candidates for th e Sangguniang Kabataan filed before the election are decided by the Election Officer, while those file filed d afte afterr the the elec electi tion on are are deci decide ded d by the the MTCs. (Nachura, p. 389) Powe Powers rs of the the CO COME MELE LEC C in relat relatio ion n to election contests The The powe powerr of COME COMELE LEC C to deci decid de election cases includes the power to determine the validity or nullity of votes. The COMELEC has the power to issue writs of certiorari, prohibition, and mandamus. However, this power can only be exercised in aid of its appellate jurisdiction. (Relampagos v.
Cumba, 243 SCRA 690) Kinds of election contests There are 2 kinds of election contests that may be filed: an election protest, and a quo warranto case. Election Protest WHO MAY FILE: Any candidate who has filed a certificate of candidacy and has been voted upon for the same office, and who has not himself caused or contributed to the irregularities or frauds of which he complains GROUNDS: Fraud, Fraud, terrorism terrorism,, irregularit irregularities ies or illegal illegal
acts committed before, during or after the casting and counting of votes PERIOD FOR FILING: Within 10 days from proclamation of the results of the election Where, after 5 days from th e procl proclama amatio tion n of the winnin winning g candid candidate ate,, the loser files a motion for reconsideration in the pre-proclamation controversy, controversy, there are are only only 5 days days whic which h rema remain in of the the peri period od with within in whic which h to file file an elec electi tion on prote protest. st. (Roqu Roquero ero v. COME COMELEC LEC,, 289 289
SCRA 150) PROCEDURE:
A.
For For prot protes ests ts file filed d with with the the COMELEC (Rule Rule 20 visvis-àà-vi vis s
Rules 10-19, COMELEC Rules of Procedure)
(6) Afte Afterr
the the case case has has been been subm submitt itted ed for for decisi decision, on, the COMEL COMELEC EC shall shall rende renderr its decision. decision. If the case case is being heard heard by a Division, the case shall be decided within 10 days days.. If it is bein being g heard heard by the the COMELEC en banc hall be decid ecided ed banc , it shall within 30 days.
(7) The decisi decision on of a divisi division on becom becomes es final final and executory after the lapse of 15 days following its promulgation. The aggrieved party may file ile a timely motion for for recons consid ider erat atio ion n with within in 5 days ays fro from prom promul ulga gati tion on of the the dec decisio ision n on the the grounds that the evidence is insufficient to jus justi tify fy the the decis ecisio ion; n; or that that the the said said decision is contrary to law.
For the COMELE COMELEC C en banc, banc, the decision decision becomes final and executory 30 days from its promulgation. Veloria vs Comelec (211 SCRA 907)
(1) Protestant
files a verified petition with the COMELEC within 10 days from proclamation and pays the required docket fees. Failure Failure to pay the basic basic docket docket fee fee will result in the dismissal of the protest. (Gatchalian v. COMELEC, 245 SCRA 208)
(2) The Clerk of Court of the COMELEC or the division concerned issues th e correspo corresponding nding summons to the protestee protestee within 3 days from the filing of the petition.
Protes este tee e must must file file an answ answer er with within in 5 (3) Prot days from service of summons and a copy of the the petit petitio ion. n. The The prot protes este tee e may may incorporate in his answer a counter-protest or counterclaim. The COMELEC may not entertain a counter-protest filed led beyond th e reglementary period period to file the same. (Kho
v. COMELEC, G.R. No. 124033, Sept. 25, 1997) (4) Protestant has 5 days from receipt of the answe answerr or answe answerr with with counte countercl rclaim aim or counter-protest to file his reply or answer to coun counte terr-pr prot otes estt or coun counte terc rcla laim im,, respectively.
If no ans answer wer is file filed d to the the prot protes estt or coun counte terr-pr prot otes est, t, a gener eneral al denia eniall is deemed to have been entered. (5) After the issues have been joined, the case shall be set for hearing and presentation and reception of evidence.
A motion for the reconsideration of the RTC decision is a prohibited pleading and does not interrupt the 5-day period for appeal. Garcia vs. De Jesus (206 SCRA 779) But the Comele Comelec c cannot cannot depr deprive ive the RTC of its competence to order execution of its decision pending appeal, this being a judicial prer prerog ogat ativ ive e and and ther there e bein being g no law law not not authorizin authorizing g the same; same; besides, besides, the Comelec Comelec rules would deprive the prevailing party of a substantial right to move for such relief. Relampagos vs. Cumba (243 SCRA 502) In the exercise of its its exclusive ive appell appellate ate jurisd jurisdict iction ion,, the Comel Comelec ec has the power to issue writs of prohibition, mandamus or certiorari, because the last par. of sec. 50 BP 697 is still in full force and effect and has not been repealed nor amended by BP 881. (abandons Veloria and Garcia) Galido vs. Comelec (193 SCRA 78) The fact that decisions, final orders or rulin rulings gs of the the Come Comele lec c in appe appeal aled ed case cases s involv involving ing electi elective ve munici municipal pal and barang barangay ay officials are final, executory and unappealable does not preclude a recourse to the Supreme Cour Courtt by way way of a spec specia iall civi civill acti action on for for certiorar certiorari. i. (But only when Comelec’s Comelec’s factual determ determinat ination ion is marre marred d by grave grave abuse abuse of discretion = Alvarez vs. Comelec) Puzon vs. HRET (Feb. 1989)
The The Supr Suprem eme e Cour Courtt decl declar ared ed the the review of a decision of the Electoral Tribunal is possible only in the exercise of supervisory or extr extrao aord rdin inar ary y juri jurisd sdict ictio ion, n, and and only only upon upon showing that the Tribunal’s error results from a whimsical, whimsical, capriciou capricious, s, unwarrant unwarranted, ed, arbitrar arbitrary y or despotic exercise of power. Lazatin vs. HRET (168 SCRA 391) For For purp purpos oses es of elec electi tion on cont contes ests ts cognizable by the Electoral Tribunal, the HRET rule rules s of proc proced edur ure e shal shalll prev prevai aill over over the the provisions of the Omnibus Election Code.
B.
For protests filed with the Regional Trial Trial Courts Courts (Rule Rule 35, 35, COMEL COMELEC EC
Rules of Procedure) (1) Protestant files a verified petition with the RTC within 10 days from proclamation.
Protes este tee e must must file file an answ answer er with within in 5 (2) Prot days after receipt of notice of the filing of the petition and a copy of the petition. Should the protestee desire to impugn the votes received by the protestant in other precincts, he may file a verified counterprotest within the same period fixed for the filing of the answer. (3) Protestant has 5 days from receipt of the counter-protest to file his answer to such counter-protest. (4) Any other other candid candidate ate for the same same office office may intervene in the case within 5 days from filing of the protest by filing a verified petition-in-intervention. The protestant or prot protes este tee e shal shalll answ answer er the the prot protes estt-in in-intervention within 5 days after notice. (5) If no ans answer wer is file filed d to the the pro protes test, counter-pr counter-protes otestt or protest-in protest-in-inter -interventi vention on within the specified time limits, a general denial is deemed to have been entered. (6) After the issues have been joined, the case shall be set for for hearing. hearing. Presentation and reception reception of evidence evidence shall be completed completed with within in 30 days ays from from the the dat date of the the commencement thereof. (7) The Court shall decide the election contest within 30 days from the date it is submitted for decision, but in every case with within in 6 mont months hs after after its its filing filing.. Such Such deci decisi sion on shal shalll decl declar are e who who amon among g the the partie parties s has been electe elected, d, or in a proper proper
case, that none of them has been legally elected. (8) The decision becomes final 5 days after its promulgation. No motion for reconsideration reconsideration shall be entertained. Should an aggrieved party wish to appeal the decision to the COMELEC, he may do so by filing a notice of appeal within 5 days from promulgation of the decision.
EFFECT OF DEATH OF PROTESTANT The death of the protesta protestant nt does does not exting extinguis uish h an electi election on protest protest.. An electio election n prote protest st is imbued imbued with with public public intere interest st which which raises it onto a plane over and above ordinary civil actions, because it involves not only the adjudication of the private interest of the rival candid candidate ates s but also also the paramo paramount unt need need of dispelling once and for all the uncertainty that beclouds the real choice of the electorate with respect to who shall discharge the prerogatives of the offic office e within within their their gift gift.. (De Castro v.
COMELEC, 267 SCRA 806) Howe Howeve ver, r, it is not not the the heir heirs s of the the dece deceas ased ed who who shall shall be the the succ succes esso sors rs-in -in-inte intere rest st to the the suit suit,, but but the the succ succee eedi ding ng candidate-elect. For example, example, if the deceased deceased was a candidate for governor, the real party in interest in the continuation of the proceedings is the Vice-Governor-elect, as he or she will succee succeed d in the event event that the prote protesta stant nt is declared to be the person lawfully elected to the office. Arao vs. Comelec (210 SCRA 290) Fail Failur ure e of prot protes esta tant nt to rais raise e the the quest uestio ion n of ide identic ntical al hand handwr writ itin ing g or of impugning the validity of the ballots on that ground ground does not preclude preclude the Comelec Comelec from rejecting the ballots. Unlike an ordinary suit, an electi election on prote protest st is a public public concer concern. n. The rights of the contending parties must yield to the the far grea greate terr inter interes estt of the the citi citize zens ns in upholding the sanctity of the ballot. Thus, the Comelec simply cannot close its eyes to the illegality of the ballots even if the protestant omitted to raise the ground in his protest. Emi vs. Comelec (243 SCRA 706) The Court upheld the authority of the Comel Comelec ec to determ determine ine whethe whetherr ballot ballots s had been been writ writte ten n by one one or two two pers person ons, s, or in groups written by only one hand, without need of call calling ing for for the the serv servic ices es of hand handwr writ iting ing experts, experts, this investigat investigation ion being being more more in the nature of an i nternal process
Bulaong vs Comelec (220 SCRA 745)
Sampayan vs. Daza (213 SCRA 807)
An orde orderr rega regard rding ing the the revi revisi sion on of ballots is an interlocutory order because it still requires a party to perform certain acts leading to the final adjudication of the case
Peti Petiti tion on for for prohib ohibit itio ion n file filed d by residents of N. Samar in the Supreme Court against Cong. Daza dismissed:
Miriam Defensor Santiago vs. Fidel Valdez Ramos (253 SCRA 599) Elec Electi tion on prot protes estt file filed d by Sant Santia iago go rendered moot and academic by the election of Sant Santia iago go as a Senat enato or in the the Ma May y 1995 1995 elec electi tion ons s and and assu assump mpti tion on of offi office ce,, thus thus effectively considered as having abandoned or withdrawn her protest or at the very least, in the language of Moraleja v Relova , abandoned her “determination to protect and pursue the publ public ic inte intere rest st invol involve ved d on who who is the the real real choice of the electorate.” Gatchalian vs Comelec (245 SCRA 208) The period for filing an election protest is suspe suspende nded d during during the pendency pendency of a prepreproclamation controversy. controversy. The protestant has to pay a docket fee of P300 P300.0 .00 0 and and an addi additi tion onal al dock docket et fee fee if there is a claim for damages. For failure to pay the basic basic docket docket fee, the prote protest st shoul should d be dismissed. Poe vs. Gloria Macapagal-Arroyo Macapagal-Arroyo (PET Case No. 002, March 29, 2005) The Supreme Court said that if persons not real parties in the action could be allowed to intervene, proceedings will be unnecessarily complicated, expensive and interminable—and this is not the policy of the law. Inasmuch as no real parties parties such as the vice-presiden vice-presidential tial aspira aspirants nts in the 2004 2004 electi election ons s have have come come forward to intervene, or to be substituted for the deceased protestant, it is far more prudent to abide by the existing and strict limitations on intervention and substitution under the law and the rules.
becau ecaus se case case alr alread eady moo oott and academic, Daza’s term to end in June 30, 1992 2) SC with withou outt juri jurisd sdic icti tion on,, HRET HRET prop proper er foru forum m as sole sole judg judge e of all all cont contes ests ts relati relating ng to the electi election on,, retur returns ns and qualifi lific cations of House of Rep Rep. members 3) As a de facto facto offi office cer, r, Daza Daza cann cannot ot be made made to reimbu reimburse rse funds funds disbur disburse sed d during his term of office, bec. his acts are valid. Frivaldo vs. Comelec (174 SCRA 245) Since Frivaldo’s Frivaldo’s copy of certificate certificate of naturalization obtained only in Sept. 1988, the peti petiti tion on for for disq disqua uali lifi fica cati tion on may may stil stilll be consid consider ered ed as having having been been season seasonabl ably y filed filed even if filed more than seven months from the proclamation. Award of damages Actual or compensatory damages may be granted in all election contests or in quo warranto proceedings in accordance with law. (Sec. 259, B.P. 881) EVIDENCE ON THE ELECTION The following may be used as evidence in contesting the results of the election: Election Returns Election Election returns returns are properly properly used as evidence in an election contest when what is involved is the correctness of the number of votes of each candidate, and the ballots cannot be produced or are not available. Ballots
Quo Warranto WHO MAY FILE: Any voter in the constituency GROUNDS: dislo isloy yalty alty to Philippines
1)
register registered ed
Ineligibility the the Rep Republi ublic c
of
or the the
PERIOD FOR FILING: Within 10 days from proclamation of the results of the election
Ballots are properly used as evidence when the election returns are not available. Poll-Books and Tally Sheets PollPoll-bo book oks s and and tally tally shee sheets ts may may be used as evidence where by law, poll-books or tally sheets are required to be kept. Election Officials
Elec Electi tion on offic officia ials ls may may be call called ed to testify in the absence of ballots, tally sheets or poll-books. Voters Voters may testify where the illegality consis consists ts in the casting casting of votes votes by person persons s unqualified, unless it can be shown for whom they voted, it cannot be allowed to change the result. Certificate of Votes The provisions of Sections 235 and 236 of the Omnibus Election Code notwithstanding, the certificates of votes shall be admissible in evid eviden ence ce to prov prove e tamp tamper erin ing, g, alte altera rati tion on,, falsification or any anomaly committed in the elec electi tion on retur eturns ns conc oncerne erned d, when when duly duly authenticat authenticated ed by testimonia testimoniall or documentar documentary y evide evidence nce presen presented ted to the board board of electi election on inspectors who issued the certificate.
warranted. (Sec. 265, B.P. 881) Prefe refere ren ntia tial offenses
dispo ispos sitio ition n
of
elec electi tion on
Inve Invest stig igat atio ion n and and pros prosec ecut utio ion n of election offenses shall be given priority by the COMELE COMELEC. C. The inve investi stigat gating ing offic officer er shall shall resolve the case within 5 days from submission. The The cour courts ts shal shalll give give pref prefer eren ence ce to elec electi tion on case cases s over over all all othe otherr case cases s exce except pt petitions for writ of habeas habeas corpus. corpus. Their trial shall be commenced without delay and shall be conducted conducted continuous continuously ly until terminate terminated, d, and the case shall be decided within 30 days from its submis submission sion for decision. decision. (Sec. 269, B.P.
881) Election offenses
The failure to present any certificate of votes votes shall be a bar to the present presentati ation on of other evidence to impugn the authenticity of the election returns.
The The vari variou ous s elec electi tion on offe offens nses es are are enumerated primarily under Sec. 261 of B.P. 881. However, other election election laws provide for other other electio election n offenses offenses.. Some Some of the more more significant offenses include the following:
ELECTION OFFENSES
Registration
Jurisdiction over election offenses The Reg Regional Trial ial Courts have exclusive original jurisdiction to try and decide any any crim crimin inal al acti action ons s or proc procee eedi ding ngs s for for violation of election election laws. laws. (Sec. 268, B.P. 881;
•
7166); •
Juan v. People, G.R. No. 132378, January 18, 2000) Prosecution of election offenses The The COMEL MELEC has has the the exclusive powe powerr to inve invest stig igat ate e and and pros prosec ecut ute e case cases s involving involving violat violations ions of electio election n laws. (Sec. 2
•
Cont Continu inued ed misr misrep epre rese sent ntat atio ion n or hold holdin ing g out out as a cand candid idat ate e of a disq isquali ualifi fie ed candid ndidat ate e or one decl declar ared ed by final final and and exec execut utor ory y judgment to be a nuisance candidate (Sec. 27f, R.A. 6646);
•
Knowingly inducing or abetting such misrepresentation of a disqualified or nuisance nuisance candidate candidate (Sec. Sec. 27f, 27f, R.A. R.A.
However, it may validly delegate the power to the Provincial Prosecutor or to th e Ombudsman.
In the event that the COMELEC fails to act on any complaint within 4 months from its filing, the complainant may file the complaint with the fiscal or the Department of Justice, if
Change or alteration or transfer of a voter voter's 's preci precinct nct ass assign ignmen mentt in the permanent list of voters without the express written consent of the voter (Sec. 4, R.A. 8189)
Certificate of Candidacy
(6), (6), Art. IX-C, 1987 1987 Constituti Constitution; on; Sec. 268, 268, B.P. 881; De Jesus v. People, 120 SCRA 760)
- But But it is not not the the duty duty of the the Come Comele lec c as investigator and prosecutor to gather proof in support of a complai laint fiel ield befor fore it (Kilosbayan vs. Comelec, GR No. 128054, Oct. 16, 1997)
Fail Failur ure e of the the Boar Board d of Elec Electi tion on Inspectors to post the list of voters in each each prec precinc inct. t. (Sec. Sec. 9, R.A. R.A.
6646); •
Coer Coerci cing ng,, brib bribin ing g, thre threat aten enin ing, g, harassing harassing,, intimidating intimidating,, terrorizi terrorizing, ng, or actu actual ally ly caus causin ing, g, infli inflict cting ing or producing violence, injury, punishment punishment,, torture, torture, damage, damage, loss
or disadvant disadvantage age to discoura discourage ge any other person or persons from filing a certifi certificat cate e of candid candidacy acy in order order to elimi iminate all other potential candidates from running in a special election (Sec. 5, R.A. 8295);
•
B.P. 881) •
Election Campaign •
Appo ppointm intmen entt or use use of spec specia iall policemen, special agents or the like during during the campa campaign ign period period (Sec.
261m, B.P. 881) •
•
Use of armo armorred land land,, water ater or aircraft during the campaign period (Sec. 261r, B.P. 881)
•
•
Removal, Removal, destructio destruction, n, obliterat obliteration, ion, or tamp tamper erin ing g of lawf lawful ul elec electi tion on prop propag agan anda da,, or prev preven enti ting ng the the distributio distribution n thereof thereof (Sec. Sec. 83, 83, B.P. B.P.
881 vis-à-vis Sec. 262, B.P. 881)
Counting of Votes •
Tampering Tampering,, increasing increasing,, decreasin decreasing g votes, tes, or or refus efusal al to to cor correct ect tampered votes after proper veri verifi fica cati tion on and and hear hearin ing g by any any memb member er of the the boar board d of elec electi tion on inspectors (Sec. 27b, R.A. 6646)
•
Refusal Refusal to issue to duly accredited accredited watchers the certificate of votes cast and the announcement of the elec electi tion on,, by any any memb member er of the the board board of electi election on inspec inspector tors s (Sec.
27c, R.A. 6646) Canvassing •
Voting •
Being a flying voter (Sec. 261z (2),
B.P. 881)
Unlawful electioneering (Sec. 261k,
Acting as bodyguards or security in the case of policemen and provincial guards guards during during the campaign campaign period period (Sec. 261t, B.P. 881)
Dismissal of employees, laborers, or tenants for refusing or failing to vote for for any any cand candid idat ate e (Sec. 261 261d(2 d(2), ),
B.P. 881)
B.P. 881) •
Coercion of subordinates to vote for or against any candidate (Sec. 261d,
Vote-buy Vote-buying ing and vote-sell vote-selling ing (Sec.
Any Any chai chairp rper erso son n of the the boar board d of canvassers who fails to give notice of meeting meeting to other other membe members rs of the board, candidate or political party as required (Sec. 27e, R.A. 6646)
261a, B.P. 881) Acts of government or public officers •
Cons Conspi pira racy cy to brib bribe e vote voters rs ( Sec.
261b, B.P. 881) A disputable presumption of a consp conspira iracy cy to bribe bribe voter voters s is crea create ted d when when ther there e is proo proof f that at least 1 voter in different precincts representing at least 20% of the total precinct precincts s in any municip icipa ality ity, city or prov provinc ince e has has been been offe offere red, d, prom promis ised ed or give given n mone money, y, valuable consideration or other expend expenditu iture re by a candid candidate ate's 's rela elativ tives, es, lead eaders ers and and/or /or sympathize sympathizers rs for the purpose purpose of prom promot otin ing g the the elec electi tion on of such candidate. (Sec. 28, R.A.
6646)
•
Appo Appoin intm tmen entt of new new empl employ oyee ees, s, creation of new positions, promotion, or giving salary increases within the election period ( Sec. 261g, B.P. 881)
•
Transfer of officers and employees in the civil service within the election period without the prior approval of the COMELEC (Sec. 261h, B.P. 881) People v. Reyes (247 SCRA 328)
Tran Transfe sferr or deta detail il of a gove govern rnme ment nt office officerr or employ employee ee will will not be penali penalized zed if done to promote efficiency in the government service. To prove violation, two elements must concur: 1) The fact of transfer or detail within the election period as fixed by the Comelec; and 2) The transfer or detail was made without prior approval of the Comelec, in accordance with its IRR. Here the transfer was made 1 day
prior to Comelec’s issuance of Res. No. 2333, which prescribed the rules and regulations on how how to obta obtain in Come Comele lec c appr approv oval al for for such such transfers. •
Interv Intervenin ening g of public public office officers rs and employees in the civil service in any partisan political activity (Sec. 261i,
•
Carrying Carrying firearms firearms outside outside residence residence or place of business (Sec. 261q, B.P.
881) •
B.P. 881)
Orga Organiz nizat atio ion n or maint mainten enan ance ce of reac reacti tion on forc forces es,, stri strike ke forc forces es,, or similar similar forces forces during during the electi election on period (Sec. 261u, B.P. 881)
Other prohibitions prohibitions •
•
Use of public funds for an election campaign (Sec. 261o, B.P. 881)
•
Unau Unauth thor oriz ized ed prin printin ting g of offic officia iall ball ballot ots s and and elec electio tion n retu return rns s with with printing establishments that are not under under contra contract ct with with the COMELE COMELEC C (Sec. 27a, R.A. 6646)
•
Wagering ing upon the results elections (Sec. 261c, B.P. 881)
•
Sale, Sale, etc. etc. of intoxi intoxicat cating ing liquor liquor on the day fixed by law for the registra registration tion of voters voters in the the polling polling place, or the day before the election or on election day (Sec. 261dd (1),
Illega Illegall releas release e of prison prisoner ers s before before and after election (Sec. 261n, B.P.
881) •
Release, disbursement or expendit expenditure ure of public funds during during the prohib prohibite ited d period period (Sec. 261 261v, v,
B.P. 881) •
Constr Construct uction ion of public public works works,, etc. etc. during during the prohi prohibit bited ed period period (Sec.
261w, B.P. 881)
of
B.P. 881) •
Suspension of elective local officials during during the election election period period without without prior approval of the COMELEC (Sec.
•
261x, B.P. 881) Coercion, intimidation, violence •
261dd (2), B.P. 881) •
Coer Coerci cion on of elec electi tion on offic officia ials ls and and employees
•
Threats, intimidation, terrorism, use of fraudulent devices or other forms of coercion (Sec. 261e, B.P. 881)
•
Use of undue undue influence influence (Sec. 261j,
Carrying deadly weapons within the proh prohib ibit ited ed area area (Sec. Sec. 261p 261p,, B.P. B.P.
881) Mappala v. Judge Nunez (240 SCRA 200) It is not neces necessar sary y that that the deadl deadly y weapon be seized from the accused while he was in the precinct or within a radius of 100 meters meters therefrom therefrom;; enough enough that the accused accused carried ied the deadly weapon within the prohibited radius during any of the days and hours specified in the law.
Hold Holding ing fair fairs, s, cock cockfig fight hts, s, etc. etc. on election election day (Sec. 261dd (3), B.P.
881) •
Refusal to carry election mail during the election period (Sec. 261dd (4), B.P. B.P. 881) 881). In ad addition to to th the pres prescr crib ibed ed pena penalt lty, y, such such refu refusa sall constitutes a ground for cancellation or revocation of certificate of public convenience or franchise.
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Discrimination in the sale of air time (Sec Sec. 261dd (5), B.P B.P. 881) In addition addition to the prescrib prescribed ed penalty, penalty, such refusal constitutes a ground for canc cancel ellat latio ion n or revo revoca catio tion n of the the franchise.
B.P. 881) •
Openi Opening ng booth booths s or stalls stalls within within 30 mete meters rs of any any poll pollin ing g plac place e (Sec,
Failure to register or vote Art. V, Sec. 1 of the 1987 Constitution states states that that suffra suffrage ge "may" "may" be exerc exercise ised d by qual qualif ifie ied d citi citize zens ns of the the Phil Philip ippi pine nes, s, as compared to the 1935 and 1973 Constitutions which used used the term term "shall." "shall." Thus, it can can be said that under the current Constitution, failure to register or to vote is no longer an election
offense. Other election offenses under RA 6646
Person Person who violat violated ed provi provisio sions ns agains againstt prohibited forms of election propaganda
If the chairman of the BEI fails to affix his signature at the back of the official ballot, in the the pres presen ence ce of the the vote voter, r, befo before re delivering the ballot to the voter. (under RA 7166)
Corrections, provincial warden, jail keeper or persons who are required by law to keep said prisoners in their custody shall, if convicted, be sent senten ence ced d to suff suffer er pris prison on mayo mayorr in its its maximum period. (Sec. 264, B.P. 881) Arrest Arrests s in Connec Connectio tion n with with the Electi Election on Campaign
Election Election offenses offenses are generally generally mala Proo Prooff of crim crimin inal al inten intentt is not not necessar necessary. y. Good Good faith, ignoran ignorance, ce, or lack lack of malice is not not a defense; defense; the commission commission of the prohibited act is is sufficient. (People v. Bayona,
No person shall be arrested or detained at any time for any alleged offense committed during during and in conne connecti ction on with with any electi election on through any act or language tending to support or oppose oppose any candid candidate ate,, polit politica icall party party or coalition of political parties under or pursuant to any order of whatever name or nature and by whoms whomsoev oever er issued issued except except only only upon upon a warrant of arrest issued by a competent judge after all the requirements of the Constitution have been strictly complied with.
61 Phil. Phil. 181; 181; 186)
Prescription
Good faith not a defense
prohibita.
Peopl People e v. Fuen Fuentes tes,, 181 Phil. Phil.
Penalties
Electi Election on offens offenses es presc prescrib ribe e 5 from the date of their commission.
years years
For individuals •
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If the discovery of the offense be made in an election contest proceeding, the period of prescrip prescription tion shall commence commence on the date on whic which h the the judg judgme ment nt in such such proc procee eedi ding ngs s becomes final and executory. (Sec. 267, B.P.
Impr Impris ison onme ment nt of not not less less than than 1 year year but but not not more more than 6 years, without proba probatio tion n (Sec. Sec. 264, 264, B.P. B.P.
881)
881)
Disqualification to hold public office; Depriv Deprivati ation on of the right right of suffrage
Special Laws RA 7941 – Party-List System Act
Seeks to representation
Any Any part party y alre alread ady y regi regist ster ered ed need need not not register anew. File manifestation not later than 90 days before election.
For a Foreigner •
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Impr Impris ison onme ment nt of not not less less than than 1 year year but but not not more more than 6 years (without probation); Deportati Deportation on after service of sentence
a.
Paym Paymen entt of a fine fine not not less less than P10,000 after a criminal conviction
Pers ersons Required by Law Prisoners in their Custody
to
proportional
Grounds for refusing or canceling registration of Party-Lists groups
For a Political Party •
promote
Religious sect organization
or
denomination,
b. Advo Advoca cate tes s viol violen ence ce c. Keep
For priso prisoner ners s illega illegally lly releas released ed from from any penitentiary penitentiary or jail during the prohibited prohibited period, where such prisoners commit any act of intimidation, terrorism or interference in the elec electi tion on,, the the Dir Directo ectorr of the the Bur Bureau of
Foreig Foreign n part party y or organi organizat zation ion
d. Rece Receiv ives es fore foreig ign n suppo support rt e.
Viol Violat ates es elec electi tion on law law
f.
Untrut Untruthfu hfull stat stateme ements nts in its petiti petition on
g. Cease Ceased d to exis existt for at least least one one year year
h.
Fai Failed led to participate in the last two preced preceding ing electi elections ons or fails fails to obtain obtain at least 2% of the votes cast under the partylist system in the 2 preceding elections for the constituency in which it has registered
Nominat Nomination ion of partyparty-lis listt reps reps should should not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system shall not be considered resigned Party List Reps constitute 20% of the total number of the members of the House of Reps including those under the party-list How do we dete How determ rmin ine e the the numb number er of party list seats in the House of Reps ? Formula: (# of District Reps / 0.80) x 0.20 = # of party list reps •
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The The 5 majo majorr poli politi tica call part partie ies s are are now now enti entitle tled d to part partic icip ipat ate e in the the part party y list list system Parties receiving at least 2% of the total votes cast for the party-list system shall be entitled to one seat each No party shall be entitled to more than 3 seats Currently, there are 260 (208/0.80) seats. So 20 % of 260 are 52 seats. But this is only a ceiling. A list with 5 names should be submitted to COME COMELE LEC C as to who who will will repr repres esen entt the the party in the Congress. Ranking in the list submitted determines who shall represent party or organization.
Q: May political parties participate in the party-list elections? A: Yes, Yes, prov provid ided ed that that the the polit politic ical al part partie ies s themse themselve lves s repres represent ent the margin marginaliz alized ed and unde underr repr repres esen ente ted d sect sector ors, s, part partie ies s and and organizations. ( Ang Ang Bagong Bayani-OFW Labor Party v. COMELEC , G. R. No. 147589 26 June 2001).
