PHILIPPINE ELECTION LAWS

ELECTION LAWS
1. 1987 Constitution 9. Voters Registration Act of 1996 (RA 8189)
2. Omnibus Election Code (BP 881) 10. Overseas Absentee Voting (RA 10590
3. Automated Election Law (RA 9369 amending RA 9189)
amending RA 8436) 11. Biometrics (RA 10367)
4. Synchronized Elections Act (RA 7166) 12. Lone Candidate in Special Elections (RA
5. 1991 Local Government Code (RA 7160) 8295)
6. Initiative and Referendum (RA 6735) 13. Official Sample Ballots (RA 7004)
7. Party-List System Act (RA 7941) 14. Citizenship Retention and Re-acquisition
8. Fair Election Act (RA 9006) Act (RA 9225)
When you talk about election law, its not just about Batas Pambansa 881, which is the Omnibus
Election Code. Right now, unlike the LGC 1991, we have no single law that will cover all aspects of
Election Law. Dean Andy Bau said, hopefully, in the near future, we will have one major Election
Law. For example, when we look at #3, that refers to automated election law. Clearly, a lot of the
provisions of the Omnibus Election Code are no longer relevant. When we talk about campaign, this
is covered by The Fair Election Act (RA9006). When we talk about registration, it is covered by
another law. When we talk about Overseas Absentee Voting, thats covered by another law.

SLIDE 4: PHILIPPINE ELECTIONS

General Regular
Free Plurality Formula
Direct Regulated by Law
Equal Supervised by Comelec
Secret Honest, Orderly and Peaceful
Choices (Person & Policy) Clean and Fair
Automated Inexpensive
All Levels Participated in by Political Parties
Synchronized conduct Public Disclosures
Unlike the states wherein electoral colleges actually determine the outcome of the elections, here our elections
are referred to as direct where every vote counts and given one vote each.
Secret, no one must know what your vote was.
Except for the barangays, it is automated at all levels.
It is synchronized but not necessarily simultaneous.
Again Barangay and SK elections are not part of the general elections but last year we started electing the
officials of the autonomous region together with other national and local officials.
For all elective officials, except for the party list representatives, theyre elected by plurality. We dont have
round of elections compared to other countries; every president must garner more than half of the votes. In our
case we have minority presidents.
Public disclosures is the need to file your statement of contributions and expenditures. There is a need to file
before a COMELEC your permits for campaigned rallies.
It must be inexpensive there is a cap of P10 P5 P3 but we all know there are ways by which you can circumvent
and even skirt the P10 P5 P3 requirement.
And the COMELEC is the only body which actually oversees and has control over the election process. But that
does not mean that COMELEC is the sole arbiter of the election protest. As we know we have various or several
electoral tribunals.

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SLIDE 5: PHILIPPINE ELECTIONS (May 2016)
Figures Elective Offices
Registered Voters: 54,363,844 President: 1
Established Precincts: 369,133 Vice-President: 1
Clustered Precincts: 92,509 (not more than 7 Senators: 12 (of 24)
precincts and 800 voters) District Representatives: 235
Vote-Counting Machines (VCMs): 97,517 (Phl Party-List Representatives: 58 (59)
92,509; Overseas 120, Contingency 4,888) Autonomous Region: 1
Major Political Parties: 14 (2 dominant Provinces: 81
parties; 10 major national and 2 major local) Cities: 144
Municipalities: 1,490
So far as COMELEC is concerned for party list the computation is 58 but I believe it should be 59 because 58 is
actually less than 20%.

SLIDE 6: COMISSION ON ELECTIONS

Independent 7-Person Constitutional Body (administrative agency, public office, fixed term,
permanent appointments)
Plenary authority to decide all questions affecting elections except the question as to the right to vote
Enjoys Fiscal Autonomy
Wide discretion in adopting means to carry out its mandate of ensuring HOPE (not straitjacketed by
procedural rules)
It is an independent body, like all independent body their decisions are subject to judicial review by the SC.
COMELEC is an administrative agency at the same time it is a public office.
The term of office of all members of the COMELEC en banc is fixed by the constitution.
They cannot be appointed in acting, designated, or in a temporary capacity.
They have plenary authority to decide all matters pertaining to the elections. But again we must qualify that in
terms of the jurisdiction given to electoral tribunals.
In so far determining who are qualified to vote, COMELEC has no power or authority over determining ones
right to vote or suffrage. Again this has been given to the regular courts, not to COMELEC, even at the appellate
level.
All constitutional commissions enjoy fiscal autonomy.
COMELEC cant bend its own rules. It can suspend its own rules in order to achieve the clean, honest, orderly,
peaceful, free elections. A lot of SC rulings have said that COMELEC cannot be straight-jacketed by their own
rules. Obviously for as long as these rules are publish before application.

SLIDE 7: COMISSION ON ELECTIONS

Enforcement Power: All election laws (persons and policies); exclusion of others
Judicial Power: Qualifications and Election Contests (excludes Suffrage)
Jurisdiction: Original (Regional, Provincial and City); and Appellate (Municipal, Barangay and
Sangguniang Kabataan)
COMELEC has the power to enforce but no power to amend the law. Only the Congress can amend the law.
COMELEC has control and supervision overall boards of candidates, except congress, and all boards of election
inspectors. In a recent case SC said they have control and supervision over all election officers.
COMELEC has regional jurisdiction over regional provincial city officials when we talk about election protest.
But for all disqualification cases regardless of the position they are cognizable by the COMELEC commission.
COMELEC exercises appellate jurisdiction over municipal barangay and SK officials.

SLIDE 8: COMISSION ON ELECTIONS

Remedies: En Banc (MR, administrative) and Division (1st instance, judicial)
Process: Division - MR to En Banc then Certiorari to SC
Contempt: Judicial (not Administrative)
There are certain cases which are cognizable by the COMELEC en banc at the first instance as we all know
these could be administrative cases and motion for reconsideration of decisions made the COMELEC division.
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 However as a general rule we must file a case before the COMELEC division, as long as this is judicial in nature.
From the division we elevate it to the en banc for a motion for reconsideration then you file a certiorari before
the SC. And all COMELEC decisions are heard before the SC en banc, they are not ruled upon by any of the
divisions of the SC.
The power of the COMELEC to cite a person in contempt is limited, not absolute. They can only do so in the
exercise of their judicial powers. If ever there is disorderly behavior for that admin case before COMELEC, like
all admin agencies the recourse would be to go to court. But if its judicial in nature then they can do so on its
own.

SLIDE 9: COMISSION ON ELECTIONS

Judicial (Division) Administrative (En Banc)
Disqualification Failure of Elections
Election Protest Postponement of Elections
Quo Warranto Election Offense (filing of information)
Pre-Proclamation Annulment of Book of Voters
Annulment of Proclamation Cancellation of certificate of candidacy based
Intra- and inter-party on final judgment on conviction with ancillary
Cancellation of a certificate of candidacy penalty of DQ
Leadership (not expulsion of member) Allocation of party-list seats
Registration of Political Parties Accreditation of Major Parties
Delineation between judicial and administrative.
At the first instance for judicial cases, you file it with the Division.
There are only two divisions of COMELEC, and the COMELEC Chair does not sit in any of these
Divisions.
In admin cases, this is the list of Admin cases cognizable at the first instance by the COMELEC En
banc.

SLIDE 10: COMISSION ON ELECTIONS

3 types of possible disputes when we talk about the decisions made by the COMELEC.
If we talk about Administrative, then we file it with the COMELEC En Banc. Then file a MR before
the COMELEC En Banc before elevating the matter to the Supreme Court.
If it is a judicial matter, then you file it with the Division then MR before the COMELEC En Banc,
then elevate before the SC.
Dotted line, in certain instances, even for administrative cases, there is no need for filing a MR before
COMELEC En Banc. If you are able to name and SC obviously subscribes to your position that you

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 can dispense with the rule on exhaustion of administrative remedies. There are 19 or so exceptions
to the rule on exhaustion of administrative remedies.
However you must be able to distinguish if the matter is not judicial in nature, in so far as resolving
controversies, if it is rule-making, then you can elevate the matter directly to the Supreme Court. One
rule on rule-making, relative to admin law, when you talk about exhaustion of administrative
remedies, you only talk about dispute resolution. When you talk about rule-making, you do not need
to exhaust, you can seek immediate remedy before the Regular Courts. In this case, for COMELEC,
you go directly to the SC.

SLIDE 11: PUBLIC OFFICES

Branch Public Office

Supreme Court (judicial review over SET and HRET, 2016)

Regular
Court of Appeals
Courts
Regional Trial Court
Municipal Trial Court
Presidential Electoral Tribunal
Tribunals Senate Electoral Tribunal (exclusive and only task, 2016)
House of Representatives Electoral Tribunal

National Board of Canvassers En Banc

Division (can become final without en banc confirmation, 2016)
COMELEC
Board of Canvassers
Board of Election Inspectors
Law Department
Executive
Department of Justice

What are the public offices that can resolve controversies pertaining to election?
We have regular courts, that would include the ff:
MTC, RTC: when we talk about inclusion, exclusion cases.
CA: if there is a mixed question of fact or law, or when we talk about right to suffrage.
SC: suffrage and decisions made by COMELEC and the electoral tribunals
PET, SET, HRET : 2 cases you can bring to these electoral tribunals
1) Election protest
2) Quo Warranto Case

COMELEC:
serves as the national Board of Canvassers for
Senators
Party-list representatives
Regional officials
COMELEC En Banc
COMELEC Divisions ( 3-3)
Board of Canvassers - under control and supervision
Board of Election Inspectors
Law Department
Authority to file, investigate and prosecute election offenses

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 Under the current laws, the prosecutors/fiscals have concurrent jurisdiction to investigate
and hear election offenses
DOJ is also relave because the prosecutorial system is under the DOJ and they can
prosecute election offenses

SLIDE 12: ELECTION TRIBUNALS

For disqualification cases, prior to proclamation, for all positions, they are cognizable by the
COMELEC Division at the first instance
Example, you want to question the qualification of the President, prior to proclamation, then you file
it with the COMELEC Division, not with the PET
The jurisdiction of the electoral tribunals are only reckoned after the proclamation.
But for a quo warranto case, for lack of eligibility, which effectively questions the qualification of a
candidate, but in this case, they are now proclaimed candidates, you apply the various jurisdictions
depending on the positions.
Proclamation for; done by
Pres, VP - COMELEC
Senators, Party-list Representatives, Regional Officials - COMELEC En Banc
Provincial Officials - Provincial Board
City Officials - City Board
Municipal Officials - Municipal Board
Postponement and Failure under RA 7166, they are now considered as administrative cases and
cognizable by COMELEC En Banc at the first instance

SLIDE 13: VOTERS: CONCEPTS

What? Suffrage is a Right (not an obligation)
Who? Qualifications defined in Constitution; Disqualifications defined in Statute; Allow Absentee
Voting, Dual Citizens, Disabled and Illiterates to Vote
How? Procedural Requirements allowed to be imposed, Substantive not allowed
Distinguished from Right to Register

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 Suffrage is now considered as a right, and no longer an obligation. Voters who do not vote, or do not
register, cannot be penalized for not exercising this right.
Qualifications are defined in the Constitution. Congress cannot impose additional substantive
requirements. Congress can only impose procedural requirements, such as continuing system of
registration.
The right to vote is different from the right to register. Right to vote is reckoned on election day. But
the the right to register can be prior to election day, for as long as you are qualified on election day
(youre not yet 18, but you will be on election day), you have the right to register.

SLIDE 14: VOTERS: QUALIFICATIONS

Filipino Citizen
At least 18 years of age on election day
Resident in Philippines for at least 1 year prior to election day (domicile; permanent residency)
Resided in place wherein propose to vote for at least 6 months prior to election day (permanent or
temporary)
Free from Disqualifications
In order to vote, must be a registered voter
Qualifications
Residence in the Philippines - that speaks of either domicile and permanent residency
Residency in the place where you intend to vote, whether city or municipality - domicile,
permanent residency, or temporary residency for at least 6 months reckoned from election day
Despite the fact you possess all the qualifications but youre not a registered voter, then you cannot
exercise that right.

SLIDE 15: VOTERS: DISQUALIFICATIONS

Sentenced by final judgment imprisonment of 1 year or more
Sentenced to suffer accessory penalty political rights
Adjudged by final judgment crime involving disloyalty
Court-declared insane and incompetent persons
You must be free from all disqualifications enumerated by the continuing registration act. The
grounds to disqualify a voter will happen or exist after you are qualified. So, you are qualified now,
but afterwards you commit a crime or you were declared insane, you are now disqualified. These
grounds are post-eligibility. Because if it were pre-eligibility, that will amount to a substantive
requirement which is not allowed because the list of requirements under the Constitution is
exclusive.
SLIDE 16-17: VOTERS: REGISTRATION
Nature: Continuing
Listing: Computerized List at all Levels
Number: 200 Voter-Precinct (unless clustered)
Biometrics: Mandatory for new; for registered voters, validation
Changes: Permanent but subject to changes (+ or -)
Addition (+)
New Voters
Transfer of Residence to
Reactivation
Inclusion
Deletion (-)
Cancellation (death)
Transfer of Residence from
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 Deactivation
Exclusion
Annulment of Book of Voters
Our system of registration is continuing, you can apply for registration any day, any week day,
during office hours but your application is processed quarterly. Right now, COMELEC and
clustered precincts. But the unit of voting at present is still 200 voters per precinct. As been
upheld by the SC, biometrics is now mandatory. Its mandatory for new voters and in order for
you, if youre a voter prior to the biometrics system, you must have your biometrics taken
otherwise you cannot vote. We call that a procedure to validate your prior registered status.
Under the law, the list is permanent subject to addition or deletion. Here are the grounds /
instances by which the permanent list, the number will increase or decrease.
Cancellation only applies to deceased voters.

SLIDE 18: VOTERS: DEACTIVATION

Disqualified to Vote
Failed to Vote in 2 preceding elections
Registration Excluded by the Court
Lose Filipino Citizenship
Failure to have biometrics taken (validation)
If your name is placed in the deactivated list or any of these grounds, you just have to apply for
reactivation then you will be able to vote. If you dont, then you obviously cannot vote and these are
the grounds for deactivation.

SLIDE 19: VOTERS: OPPOSITION

What? Applications not yet resolved
Where Oppose? Election Registration Board
Who may Oppose? Voter, Candidate or Political Party
When? Specified Period
How Oppose? File Written Opposition/ Challenge
Why Oppose? Not Qualified, Fictitious
Appearance? Mandatory if application opposed
While your activation is pending before the election registration board, your application can be
opposed on the ground that you do not possess the qualifications, you are not a real person.
Again, you file the opposition before the ERB, not before the municipal / metropolitan courts
because in this particular case, your application has not been approved.
We call that Opposition to Application.

SLIDE 20: VOTERS: INCLUSION / EXCLUSION

What? Applications already acted upon
Where File? MTC (not Comelec), then RTC (not Comelec), then SC (question of law)
Grounds? Disapproval or Name Stricken Out (Inclusion); Not Qualified or Voter Not Real (Exclusion)
When? Specified Period
Once your application has been approved, then you either file for inclusion meaning your application
was rejected or removed and you want your name to be included. Grounds for inclusion would be
disapproval or your name was stricken out.
And the other case would be to file an exclusion case meaning your application was approved and
someone wants your name excluded. And for exclusion you are not qualified or youre a fictitious
voter.

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 In one case, you were not able to file your registration because you were late for your flight, that is
not a ground for inclusion.
Again, important would be jurisdiction, MTC then RTC then SC for a pure question of law. Never
elevate it to COMELEC because again under the Constitution, COMELEC has no right / authority to
resolve matters pertaining to suffrage (ie qualification and disqualification of voters).

SLIDE 21: VOTERS: ANNULMENT OF BOOK OF VOTERS

Annul What? Book of Voters per precinct
Where File? Comelec
When Filed? Normally, after period to file inclusion/ exclusion lapses
Who Files? Any Voter, EO or Party
What Grounds? (1) Book Prepared Improperly, Preparation Attended with Vice or Fraud, and (2)
Book contains Statistically Improbable Data (not qualification of voters)
Annul not just the registration of one voter. Here this is a precinct wide annulment of the book of
voters.
Whats contained in the book? It contains all approved applications forms for registration. We must
distinguish that from the computerized list of voters, which is just a list. Annulment of the book of
voters annuls the whole book, not on the basis that the voters are disqualified or do not possess all
the qualifications, but the only reason by which this is constitutional because the ground for
annulment is limited to the procedural aspect of the preparation of the book of voters.
2 grounds: 1) Book prepared improperly or attended by any fraud or vice, or 2) the book contains
statistically improbable data.

SLIDE 22: VOTERS: ELECTION DAY

Illegal Voter
Not registered; Use another name; Disqualified; Multiple Registrant (allowed to vote if properly
identified)
Illegal Act
Vote-Buying; Vote-Selling; Vote-Betting: Promise to induce or withhold vote (allowed to vote if take
oath)
Ok so you have remedies 1) pending application, 2) once your application was approved, 3) to annul
the book of voters, and 4) on election day. Again, there are two grounds by which you can question a
voter: 1) the voter is an illegal voter not registered, multiple registrant, using another name and in
that case, the Board of Election Inspectors can still allow you to vote if you show any other
identification card or the Board just allows you to vote.
In the case of an illegal act vote buying, vote selling, vote betting, promise to induce, you can still be
allowed to vote if you take an oath denying the challenge. You take your oath before the Board of
Election Inspectors. That challenge and the oath is then recorded in the minutes of the proceedings
of that BEI.

SLIDE 23: OFFICIALS: ELECTIVE

National Office
President; Vice-President; Senators (24; 1/2); Representatives (District and Party-List)
Local Office
LCE: Regional Governor, Provincial Governor, City or Municipal Mayor and Punong Barangay
VLCE: Vice-Governor and Vice-Mayor; Sanggunian Members
2 ways of classifying elective officials: 1) in relation to their offices 2)in relation to their constituency
So for example a district representative is a national official but, locally elected. But for a party-list
representative national official, nationally elected. In this case, I classified these officials in terms of
office and not the manner in which they were elected.
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SLIDE 24: OFFICIALS: QUALIFICATIONS
Listing: Set by the Constitution (national) and statutes (local)
Citizenship (naturalized elsewhere: oath and renounce 2016) Age
Residency (physical presence may be broken, 2016) Registered Voter
Literacy
Free from Disqualifications
[Undertake Drug Test under CDDA OF 2002, unconstitutional]
Procedure: Electoral aspect of DQ (administrative proceeding): summary
Where do we find the qualifications of our national and elective officials?
For national officials, we can find them in the Constitution and Congress cannot add or subtract from
this list because the qualifications are exclusive and final.
But for local officials we can find them in statutes and Congress can amend the statute and provide
for other requirements such as an educational attainment. Thats allowed for a governor but not
allowed for a Senator.
A foundling is presumed a natural-born.
Residency even if youre not in that place 24/7 it can be unbroken as long as its an accumulated
period of a year. Then, you are qualified to run for that position.
Under the Comprehensive Dangerous Drugs Act there was an additional requirement. All candidates
must go through a drug test and must be declared clean, otherwise they are disqualified, the SC
declared that unconstitutional explicitly for national positions.
If you file a disqualification case before COMELEC then that is summary in nature. Summary in
nature does not mean you dispense with due process. So, notice, hearing, opportunity to present your
case are essential requirements for due process.

SLIDE 25: SPECIFIC QUALIFICATIONS

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SLIDE 26: CANDIDATE: EVOLUTION OF DEFINITION

SLIDE 27: OFFICIALS: CANDIDATE

Definition: Seeks public office and files certificate of candidacy and campaign period has started
Nature of CoC: announce and declare eligible (2016); if CoC void, candidate not considered a
candidate even if cancelled after elections (2016)
Ministerial Duty: If filed in due form, ministerial duty to receive COC; Comelec may look into patent
defects (appearing on the face) of CoCs
Effect of Non-Filing: Not a candidate (not liable for unlawful acts and omissions before becoming a
candidate; before start of campaign period)
Effect of Filing: On Tenure of Incumbents (elective remain in office; appointive ipso facto
resigned)
Once upon a time a person becomes a candidate upon the filing of a certificate of candidacy. That has
changed because under the automated election law, a person only becomes a candidate not upon
filing (but obviously you have to file your COC), but youre only a candidate at the start of the
campaign period.
So in our automated election system you file your COC on December prior to election year. You have
three months or two months after you file your COC where youre not considered a candidate,
because youre only considered a candidate either 60 days (nationally elected officials) 45 days
(locally elected officials) prior to election day. During that period wherein you file your COC and the
campaign has not started. According to the Automated Election Law, 1 youre not a candidate and 2
unlawful acts and omissions are only reckoned from the start of the campaign period.
So theres no such thing as vote-buying, no such thing as premature campaigning. You dont even
have to count how much you spent. You dont need to follow the P10 P5 P3 prior to the campaign
period. Notwithstanding the fact that you have already filed your COC. Why? Because youre not a
candidate.
If your COC is declared void you were never a candidate.

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 Even if you garnered the plurality of votes, all those votes will be considered void, and effectively the
2nd place is the 1st placer.
Can COMELEC not accept a CoC? No. The acceptance is ministerial. However, COMELEC, in the
exercise of its discretionary powers may disqualify a candidate depending on the ground.
SLIDE 28: INCUMBENTS: ADVANTAGES
1. Elective officials not considered resigned regardless of elective position sought (appointive officials
considered ipso facto resigned upon filing of certificate of candidacy)
2. Electioneering does not extend to acts of governance, provided no intention to campaign for or against a
candidate (not all acts of beneficence is considered campaigning)
3. News about incumbents not considered campaigning, thus, not covered in caps on campaign media
exposure
4. Governance collaterals and announcements may not be required to be removed since not considered
campaigning without intent to campaign
5. Rules of Appreciations favor incumbents (no longer applicable in an automated election where names
are printed on ballots)
Once upon a time, all elective officials who will file for a CoC for an elective position, except for
President and Vice President, are considered resigned upon the filing. For appointive officials, upon
filing a CoC, you are considered ipso facto resigned.
Under the Fair Election Act (FEA), we have different rules. Depending whether youre appointive or
elective.
For appointive the rule is the same. Considered ipso facto resigned upon filing CoC. (not at the
start of campaign period)
For elective whether higher, lower or same office, you are not considered resigned. Because that
provision in the OEC, which considered these people resigned, has been expressly repealed by the
FEA.

SLIDE 29: INCUMBENTS: OFFENSES

Vote-buying
Coercion of subordinates
Appointment of new employees, creation of new positions, promotions, or gives salary increases
Transfer of officers and employees in the civil service
Intervention of public officers and employees
Undue influence
Appointment or use of special policemen, special agents, confidential agents or the like
Illegal release of prisoners before and after election
Use of public funds, money deposited in trust, equipment, facilities owned or controlled by the
government for an election campaign
Use of armoured land, water or air craft
Use of Policemen and provincial guards acting as bodyguards or security guards
Release, disbursement or expenditure of public funds
Construction of public works, delivery of materials for public works and issuance of treasury warrants
and similar devices
Suspension of elective provincial, city, municipal or barangay officer

SLIDE 30: OFFICIALS: SUBSTITUTION

Grounds: (1) Death, (2) Withdrawal, and (3) Disqualification (not allowed: (a) if violate term limit; (b)
not meet residency requirement; (c) CoC denied due course or cancelled (c.1) nuisance and (c.2)
material misrepresentation); if invalid substitution not considered a candidate
Who? Substitute must be Qualified
When? Up to mid-day of election day (if withdrawal, on or before December 10, 2015)
Substitute? Qualified (not disqualified) and Same Party
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 Limitations: Substituted candidate can still run for other elective positions; Withdrawal not affect
liabilities
1) Death -can still be substituted until 12 noon of election day.
2) Withdrawal -because were under an automated system, you must withdraw and can be
substituted. COMELEC sets a deadline normally December of the year preceding the election
3) Disqualification -once upon a time, if youre disqualified, you can be substituted regardless of the
ground. Now because of several cases, we have to distinguish:
if you violate the term limit, if you do not meet the residency requirement, if your CoC is denied
due course because you are a nuisance candidate, committed material misrepresentation - you
cannot be substituted.
Theres only one type of candidate who can be substituted even if youre disqualified
commission of an election offense
Why the distinction? Because in 1), you were never qualified in the first place, you were never
eligible in the first place. But if you commit an election offense, you possess all the
qualifications, but you committed something bad and you got caught. Theres only one
ground: Commission of ANY Election Offense

SLIDE 31: OFFICIALS: DISQUALIFICATIONS

Purpose of DQ: prevent candidate from running, or if elected, from serving; DQ distinct from
administrative case (2016)
Lack qualifications/ possess some disqualifications
Violate Term Rule (1-2-3 terms)
Commission of an election offense
Nuisance Candidate
Sentenced by Final Judgment (accessory penalty)
Willfully Commits Material Misrepresentation
No valid, timely and properly filed certificate of candidacy
Grounds under the 1991 LGC, for local elective officials

SLIDE 32-36: OFFICIALS: DISQUALIFICATIONS

Lack of Qualifications
Pleading? Petition to Disqualify a Candidate
Grounds? Constitution or Statutes; for local officials under OEC and LGC (e.g. fugitives) (2016)
Where File? Comelec Division
When File? Before Proclamation
Process? Summary, Due Process, requires a complaint/petition; not motu propio unless there is
final judgment
If Not File? Quo Warranto
Commission of Election Offenses
Pleading? Petition to Disqualify a Candidate
What Offenses? Vote-Buying, Terrorism, Unlawful Expenditures, Unlawful Campaign, Coercion
of Subordinates, Threats, Prohibition against Release of Public Funds (other election offenses file
EO case RTC hears)
Where File? Comelec Division
When File? Before Proclamation
If Not File? Election Protest; Election Offense
Nuisance Candidate
Petition? Petition to Declare a Candidate a Nuisance Candidate
Who Is? Campaign Capability, Intention, Performance, Exposure, Platform, Party Affiliation,
Organization, Profession, Income, Health, Education, Name
Where File? Comelec Division
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 When File? Within 5 days from Last Day Filing of Certificate of Candidacy
If Not File? No remedy
Misrepresentation
Pleading? Petition to Deny Due Course to or Cancel a Certificate of Candidacy
What? Misrepresentation must be Material (pertains to Qualifications and Disqualifications, also as
to permanent residency (2016); foundling presumed natural-born unless proven otherwise (2016);
not surname, profession, political party) and Willful/ Deliberate; Even if there is
misrepresentation, if actually qualified, should not be disqualified
Where File? Comelec Division
When File? 25 days from Filing of CoC
If Not File? Quo Warranto

SLIDE 37-38: COMPARE AND CONTRAST

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If you do not possess the qualifications, what prevails? The fact that you are qualified or the entries
in your CoC? What is important is that you are actually qualified. Even if you make wrong entries
that will show otherwise in your CoC. If you do not possess any of the qualifications, then you file a
Petition to Disqualify before the COMELEC Division because this is judicial. You can file it any time
before proclamation and it is summary in nature.
Assuming you were unable to find any case prior to proclamation, you still have a remedy. But this
time, youre now proclaimed a voter can file a Quo Warranto case.
There are two subsets of election offenses, and not all of these offenses can be a ground for a petition
to disqualify a candidate, cognizable by the Comelec Division:
a. All election offenses a hundred or more election offenses enumerated in the Omnibus Election
Code and other statutes. An election offense case may be filed either before the (a) law
department of Comelec, or (b) before the prosecutors office.
b. Election offenses enumerated under Sec. 68 of the OEC the petitioner has two options:
1. To file a disqualification case before the Comelec Division, which shall be summary in
nature; or
2. To file an election offense case, either before the (a) law department of Comelec, or (b) before
the prosecutors office, which shall involve a full-blown trial before the Regional Trial Court.
Examples:
1. Vote buying. What are the options?
Either file a petition to disqualify before the Comelec Division, and/or file an election offense case
before the fiscals office or Comelec law department
2. A candidate, who is the incumbent city mayor, uses the city vehicle for campaign. What are the
options?
It is an election offense, but not one enumerated under Sec 68 of the OEC. Theres only one remedy-
file an election offense case.

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 For the Commission on Election offenses, it can be filed anytime before proclamation. But for an
election offense case, the prescriptive period is 5 years.
A nuisance candidate is any person who has no bona-fide intention to run for office. However there
are nuisance candidates who win. The prescriptive period to file a case against a nuisance candidate
is just 5 days from the last day of the filing of the COC.
Elements of misrepresentation:
a. Material
b. Deliberate or wilful; and
c. The person is not actually qualified.
So even if the misrepresentation was material and deliberate, but the candidate is actually qualified,
the case should be dismissed. Material pertains to the qualifications, i.e. age, residency, literacy,
citizenship. Even if you misrepresent by using a surname of a different person, different profession,
declaring you are a member of a political party, when youre actually not misrepresentations which
may make one liable for falsification, these would not be material for a candidate to be disqualified.
But that same person can be disqualified, once convicted for falsification. Conviction for falsification
carries with it the accessory penalty of deprivation of political rights. The prescriptive period is 25
days from the filing of that particular COC.
If you knew that you were convicted of libel, which is a crime involving moral turpitude, you can be
disqualified on the ground of material misrepresentation (2016 case)
Pay particular attention to what is the appropriate caption, what are the grounds, where to file
COMELEC division, when to file is also important, who can file, what if you were not able to file, can
you still file after proclamation, and can you be substituted.
Again, there is only one ground where a candidate who has been disqualified can be substituted that
would be for commission an election offense

SLIDE 39: EFFECT OF DQ

Succession or Special Elections
Commission of an election offense
2nd Placer
Violation of 3-term limit
Not a voter (inclusion denied with finality)
Conviction of criminal offense involving moral turpitude
Not a Filipino citizen
Dual Citizen (2016)
Final decision on DQ before elections
What if you are disqualified after proclamation?
For local officials and even for the president you follow the rule on succession
For senators and representatives, they must call a special election
Therefore, when Governor Ejercito was disqualified after proclamation on the ground of an election
offense, who became the governor? Not the 2nd placer but the vice governor
But if governor ER was disqualified on the ground that he was not qualified such as nuisance,
material misrep, violation of the term limit, then who will become the governor? Not the vice
governor but the 2nd placer. Because the votes of gov ER will be considered void. And the 2nd placer
will be the first placer.

SLIDE 40: CAMPAIGN: CONCEPT

Definition: Act designed to promote the election or defeat of a candidate; satire of political parties on
social issues not election propaganda (2016)

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 Operative Act: Intent/ Design material (not all acts of beneficence are considered campaigning) and
Period (start of campaign)
Application: All Candidates for All Elective Offices
Framework: Regulated but Liberalized
Critical, essential would be the intention. The intent must be to promote the election or the defeat of
a candidate.
Why is intention relevant? Because if your intention is not for a particular candidate but to advocate
a particular issue even if it involves several candidates, like what happened in the Diocese of Bacolod
Case, that will not be considered campaigning. Therefore the rules on campaigning will not be
applicable.
And intent must also be relevant when you give out things of value, objects of value. Because if your
intention is not to campaign but its part of governance like what happened to the distribution of
basketballs bearing the name of the mayor during summer time which is campaign period, it is not
campaigning.

SLIDE 41: CAMPAIGN: ALLOWABLE FORMS

Forming Organizations Holding Rallies Making Speeches
Distributing Campaign Materials
Soliciting Votes
Publishing Advertisements
Before ballpens, billboards were prohibited. But that prohibition was repealed expressly by the Fair
Elections Act

SLIDE 42: CAMPAIGN: PROPAGANDA

Paid Political Advertisements
Free Space and Airtime
Use of Gadgets and Billboards
Private Poster Areas
Posting in Private Places, PUVs and terminals
Can you post in public places? No, except in COMELEC poster areas. But only posters.
In private places, and even in public utility vehicles as upheld in a recent case, as long as there is a
written consent from the owner- you can display posters not streamers, or you can even display letters.
Because when you talk about letters walang required dimensions.

SLIDE 43: CAMPAIGN: FORMS

Printed Materials (8.5W x 14L)
Letters
Posters (2x 3) in Poster Areas (12x 16)
Rally Streamers (3x 8)

SLIDE 44: CAMPAIGN: PAID ADS

Print: 1/4th page in broadsheet; in tabloid 3x a week
Television: 120 minutes (for national); 60 minutes (for local) per station
Radio: 180 minutes (for national); 90 minutes (for local)
For media, again we have no rule now or regulation or law pertaining to social media. Right now, tri-
media lang ang may law. Print, television, which is per station, and radio which is also per station.

SLIDE 45: CAMPAIGN: UNLAWFUL ACTS

Foreign Intervention
Removal or Destruction of Lawful Propaganda
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 Materials not Disclose Payor
Exceed Limits (Time and Space)
Transportation, Foods and Drinks During Rallies
Movie or Video of or by Candidate
Here are some of the unlawful acts. Well some of these are practiced and breached. Like bawal ang
food and drinks. 5 hours before and 5 hours after. So if youre a candidate, what would you do? Give
it 6 hours before. Or befriend the COMELEC official. If youre a celebrity, TV personality, you can no
longer appear on tv during the campaign period.

SLIDE 46: PROHIBITED CONTRIBUTIONS

All SEC-registered corporations
Financing Institutions
Public Utility Operator
Natural Resources Explorer
Government Contractors
Franchise Holders
Donee Institution from Government (P100,000)
Donee Educational Institutions (P100,000)
Foreigners/ Foreign Corporations
Civil Servants and AFP
There are certain persons, juridical persons, that are not allowed to contribute. And there are certain natural
persons which cannot also contribute: namely foreigners, civil servants, including the PNP and Armed Forces
of the Philippines. For the rest, these are juridical persons and the prohibition does not extend to their officers.

SLIDE 47: OTHER PROHIBITED ACTS

Not reveal true name of contributor
Not report all contributions
Exceed Limits (P10, P5, P3)
Not file Statement
Expenditures made by non-authorized persons
These are the other prohibited acts. P10 will pertain to President, Vice president. If youre a member
of a party, and supported by that party, its P3. If youre an independent candidate, or a member of a
party but that party does not have any resources, then that would be P5.

SLIDE 48: LAWFUL EXPENDITURES

Use of Facilities Advertisements
Travel Meetings/ Rallies
Compensation Counsel*
Communications Copying of List of Voters*
Written Materials Sample Ballots*
Pollwatchers Volunteers
Office/ HQ (* - not included in cap)
Not all expenditures are covered by the 10-5-3 pesos cap. Look at the expenditures, items, with an
asterisk. For lawyers, copying or sorting of the list of voters, sample ballots, are not covered in the 10-
5-3.

SLIDE 49: POSTPONEMENT OF ELECTIONS

Grounds: (1) Force majeure, (2) Violence, (3) Terrorism, (4) Loss or Destruction of Election
Paraphernalia, and (5) Analogous Causes
Extent: Serious and Impossible to have free and orderly elections
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 Conditions: Grounds must exist before end of voting/transmission
Authority: Comelec en banc (petition or motu propio); not BEI or election officers
Result: Special Elections within 30 days from cessation
When you want to question the integrity of the process, you have two types of cases: postpone the
elections or declare a failure of elections. The grounds are not exclusive, because of the phrase,
analogous causes. But as we know in ejusdem generis, the causes must be similar, or analogous to,
the enumeration.
What would be the extent of these grounds? It must be serious and impossible to have voted. The
grounds must exist prior to close of election day. Only the COMELEC en banc can postpone. An
election officer cannot postpone. Effect? You postpone the election to a later date, which may be
beyond 30 days, for as long as the cause is still present.

SLIDE 50: FAILURE OF ELECTIONS

Grounds: (1) Force majeure, (2) Violence, (3) Terrorism, (4) Fraud, and (5) Analogous Causes
Extent: Failure to elect and affect results of elections; relates to entire elections (2016)
Examples: Failure - transfer of venue of counting without notice, ballots replaced/ burned; No Failure
voting resumes after sporadic violence/ gun fire, fake ballots, landslide results, vote-buying,
destruction of copies of ERs; convincing evidence showing will of people muted by causes (2016)
Conditions: Election not held or suspended, After voting, During
preparations or transmission of election returns, Canvassing
Authority: Comelec en banc (petition)
Result: Special Elections within 30 days from cessation (objective of declaration, 2016)
For failure, the grounds again are not exclusive. The extent must be- you dont know who won.
According to the SC there must be convincing evidence showing the will of the people was muted by
these causes.
Again in any failure of election case, there must be some mathematical assumptions. Because you
must be able to show without the cause of the failure, you won. And therefore, you must show some
numbers. The violence affected 10 people, and the margin of the other candidates is just 5. For
postponement, it can be done motu proprio by COMELEC. But for failure, there must always be a
verified petition.

SLIDE 51: COMPARE AND CONTRAST

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SLIDE 52-62: AUTOMATED ELECTIONS
Statutory Bases: RA 9369 amending RA 8436
Automated Election System: voting, counting, consolidating, canvassing, and transmission (not
proclamation)
Automated elections, unfortunately, for barangay, it will be manual. You can automate the whole
process except proclamation. COMELEC can adopt several systems in a given elections.
Paper-Based or Direct Recording Election System: Ballots, Election Returns, Certificate of
Canvass, Statement of Votes
Comelec Discretion: AES or AESs, Paper- Based or Direct Recording
Features: Use of Ballots, Stand-alone machine, with Audit Trails, Minimum Human Intervention and
Security Measures
Right now, there must be paper ballots. Hopefully in the future, no more paper ballots, but that
would need a higher trust level.
Processes:
Casting, Counting and Transmission at Precinct Level
Consolidation and Proclamation at Canvassing Levels
Precinct-Level Result: Printing of Elections Returns (30 copies) then Electronic Transmission to
Board of Canvassers; Results loaded in Data Storage Devices
Again, at the precinct-level, the ballot is the best evidence of the vote of one person. The election
return is the evidence of votes in one precinct. A Certificate of Canvass would be the evidence of votes
at the higher level. The Statement of Votes is the breakdown at that higher level. A certificate of votes
would be either you prepare that form or its a limited number of forms for COMELEC. Right now,
people dont really use the certificate of votes because you can photocopy the printed election returns
or a certificate of canvass.
From the precinct to the next level and to the higher level, the results are transmitted electronically
for our automated election. But for the barangay elections, they will be transmitted physically or
manually.
What would be the basis of the proclamation would be what is electronically transmitted not the
printed copies of the printed returns. If its not a complete transmission and the Board has the option
to lower the threshold to 90%. It can also require the BEI to submit to it the storage device, the SD
card. There are 2 SD cards used in the elections: one, which remains in the machine up to today, and
the other one is the SD card transmitted manually/physically to the next level of the board of
canvassers. By the way, from the city to the provincial board, it is no longer an SD card. Its a CD. So
when it comes to the provincial board, CD reader.
Canvassing at BoC: Consolidation of Results in Data Storage Devices then Electronic Transmission
to Comelec (Senate and Party-List) and Congress (President and Vice-President) and Proclamation
Up to today, only Congress can look into the authenticity and due execution of what was transmitted.
Again, if you compare the canvassing before congress, the members of Congress do not look into
computer screens. They go over printed Certificates of Canvass. Hence, they can go into the due
execution and authenticity of these printed documents. But if you look at the canvassing from the other
levels of canvassing, the board will just look at computer screens. Again, as I have told you in class, its
either red, yellow or green.
Preliminaries: 6:00 to 7:00 a.m.
1) BEI sets up Polling Place
2) Pollwatchers present credentials to BEI
3) BEI posts Precinct Certified Voters List (PCVL)
4) BEI shows sealed Vote Counting Machine (VCM) and empty Ballot Box to public
5) BEI turns on Vote Counting Machine (VCM) and logs in
B.Voting Proper: 7:00 a.m. to 5:00 p.m.
1) Voters vote in the order of arrival

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 2) Voter approaches BEI
3) BEI verifies Voter identity
4) BEI checks if fingers unstained with Indelible Ink (if stained, cannot vote)
5) BEI announces name of Voter
6) If no challenge or challenged dismissed, Voter signs in Election Day Computerized Voters List
(EDCVL)
7) BEI Chair:
a. Signs Ballot in space provided
b. Gives Ballot inside Secrecy Folder and Marking Pen to voter
8) Voter votes by shading circles
9) Voter inserts Ballot in the VCM
10) Ballot is accepted or rejected (given another Ballot):
a. Misread Ballot (re-fed in 4 different orientations)
b. Previously Read Ballot (diverted to Bin for Rejected Ballot)
c. Invalid Ballot
You can only be given another ballot, just one, on any of these grounds: a) misread b)
previously read c) invalid ballot. Or if its a spoiled ballot, meaning, you accidentally tear
the ballot. If the tearing is intentional, and someone saw it, you cannot be given another
ballot.
11) BEI applies Indelible Ink
Why stain your forefinger? Because that will be an evidence that you already casted you vote.
12) Voter gets voter receipt
After you vote, youre given a receipt, and you deposit your receipt in a box. You dont bring
home the receipt, because normally that receipt will be the evidence that you will use for the
consideration given you if there was vote-buying.
13) Voter returns Secrecy Folder and Marking Pen
14) Voter departs
15) Illiterates and Persons with Disability can be assisted by relative within 4th degree, person of
confidence or BEI
Can there be proxy voters? Yes for illiterate, disabled voters. And that [they require proxy]
must be reflected in the application form of that voter, so that that voter will accompany the
disabled voter.
And who can be the proxy voter? It can either be:
1. a relative, however that relative can only accompany [maximum] 3 disabled voters; or
2. any member of the Board of Election Inspectors, and there is no limit as to the number of
disabled voters the BEI can assist.
16) No premature announcement of status of voting before close of polls
Prior to the close of the polls, there should not be any pre-mature announcement. 12 noon the
board cannot say, Agra has not voted.
C. Closing of Polls: 5:00 p.m. up
1) If there are Voters within 30-meter radius, they will be allowed to vote (must fall in line, fill-up
sheet and called)
Can you still vote after 5:00pm? IT DEPENDS. If you are there at 5:00pm, within a 30meter
radius, and you fall in line and fill up a form, and when you are called you are still there, you
can still vote.
2) BEI prints 8 copies of National Election Returns (NERs) and 8 copies of Local Election Returns
(LERs)
3) VCM transmits results to:
a. Comelec
b. Transparency Server (KBP)
c. City/ Municipal Board of Canvassers (C/ M BoC)
4) VCM prints 22 copies of NERs and 22 copies of LERs
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 5) BEI signs all ERs and affixes thumbmarks and places 8 NERs and 8 LERs inside Envelopes
6) Distribute all 30 NERs and 30 LERs (Next/ Higher Level of Canvassing, National and Local
Political Parties, Media, Citizens Arm, Ballot Box, Posted on Wall)
7) BEI shall post 1 copy of ER in a conspicuous place inside polling place
8) VCM prints Statistical and Audit Reports
9) Unused Ballots shall be disposed (torn lengthwise and placed in Envelopes)
10) BEI removes SD card (Slot A) and place inside Envelope (SD is Slot B not removed)
11) VCM shall be turned over to Logistics Provider or Election Officer
12) Deliver Ballot Box to the Local Treasurer
Local treasurers are important during election. If you visit your municipal hall, or city hall,
you will see the ballot boxes at office of treasurer. The treasurers are the custodians of all
ballot boxes.
Are police officers allowed inside the polling place? No, ONLY if:
1. To vote
2. When there is actual violence
a. If there is only a threat of violence, they can be called to station at the door
b. But, if threat they cannot go inside (door lang)

SLIDE 63: PRE-PROCLAMATION CASES

Aspects: BoC-related and Results-related
Allowed: Objections pertaining to Proceedings and Composition of BoC; Pollwatchers-related; Data-
Storage Delayed, Destroyed, Falsified (before canvass)
Not Expressly Allowed:
Material Defects, Manifest Errors, Omission, Discrepancy (not allowed under Comelec Resolution)
Rules of Appreciation; Violence; Voting Procedure; Eligibility of Voters (whether manual or AES)
For Pre-proclamation cases: (there are 2 branches)
1. Related to the Board of Canvasser - you question their composition (ex. they should not be related to
each other, or to any candidate)
2. Regard to their Proceeding - the other cluster of grounds would pertain to the results
If you want to question proceedings or composition of the board either file it with the board or the
comelec division, they have concurrent jurisdiction. But if you want to question the results. You can only
question it at the first instance before the board. I supposed theoretically you can go to the comelec
division, but you must be able to justify non-exhaustion.
Comelec in the previous automated elections have declared in relevant resolutions, that there is no pre-
proclamation in relation to results in an automated election system. They have confined a pre-
proclamation, insofar as composition and proceedings. But for me, theoretically, there can be
irregularities in the canvassing, or even transmission of results. But if you are the Board of canvassers
and there is a pre-proclamation on the matter of the results because they are under the control and
supervision of the comelec. They must follow comelec and dismiss your pre-proclamation complaint.
Whether it is automated or manual, rules of appreciation, violence, irregularities in the voting procedure,
presence of ghost voters are not allowed in pre-proclamation cases. Why? Because of the Issue of
Evidence: When you talk about a pre-proclamation case, we just look at documents (e.g. the election
return or certificate of canvass). Because for these grounds, in order to prove that these grounds existed,
evidence aliunde must be presented, or testimonial evidence must be presented. And, for pre-
proclamation this cannot be presented because for proclamation and canvassing, it must be summary
and expeditious.

SLIDE 64: POST-PROCLAMATION: ELECTION PROTESTS

Grounds: Fraud and Irregularities in Casting, Counting and Canvassing
Documents in Question/ Evidence: Ballots, ERs, CoCs and Data-Storage Devices
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 Venue: P/VP (PET); Senators (SET); Representatives (HRET); Regional; Province; City (Comelec
Division); Municipality (RTC); Barangay (MTC)
Requirements: Filed by candidate; Within period; Protestee proclaimed; Payment of filing fee;
Allegations of fraud; Identify precincts; Verified; Certificate of non- forum shopping
Procedure: Revision; Trial
If prosper: protestee removed, true winner proclaimed
Election Protest is also known as election contest. One type of election contest is election protest.
Another is Quo Warranto Case.
For Election protest, any irregularity [can be a ground].
The best evidence will depend on the ground. If you want to question the integrity of the votes at the
VOTER level, then the best evidence would be the ballots. But if your ground is subtraction, addition
and consolidation at the PROVINCIAL level, then the best evidence would NOT be the ballots;
rather, the best evidence would be the certificates of canvass at the lower level.
Why will a candidate file a protest? Because that candidate believes that he/she won. And therefore,
the protestee must be ousted or removed from office. And hopefully the one who made that protest
will be declared the winner; because that is not the case in all instances.

SLIDE 65: POST-PROCLAMATION: QUO WARRANTO

Grounds: Disloyalty to Republic; Ineligibility
Venue: Same as Election Protest
If prosper: Respondent ousted; special elections or succession
For quo warranto, there are two grounds: (1) disloyalty to the Republic; and (2) in disqualification
cases, a lack of eligibility. So quo warranto is effectively a disqualification case POST-proclamation.
However, in this case, the one who filed the case will not become the governor or the mayor. It will
either be: (1) a special election (if its for Senate or House of Reps); or (2) succession (for President,
VP and local officials).

SLIDE 66: POST-PROCLAMATION: ANNULMENT OF PROCLAMATION

Grounds: Proclamation based on irregular and illegal canvass
Period to File: 10 days from proclamation
Venue: Comelec Division
Effect: Proclamation annulled; re-canvass
If you want to question the manner of the proclamation, your immediate remedy is not an election
protest (although you could file that). Your remedy would be to annul the proclamation.

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SLIDE 67-68: ELECTION OFFENSES

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SLIDE 69: CASES PER CATEGORY

Categories Specific Cases

Objection on Application for Registration

Electorate Inclusion and Exclusion
Annulment of Book of Voters
Challenge on Election Dat
Candidate Disqualification
Quo Warranto
Election Integrity Postponement of Elections
Failure of Elections
Pre-Proclamation BoC-related
Consolidated Results-related
Annulment of Proclamation
Election Protests /
Election Protest
Post-Proclamation
Quo Warranto
Against Candidates
Election Offenses
Against Non-Candidates and Voters

I have not done the multiple choice for dispute resolution. If I were to include in the choices, these
would be the choices:
If its ELECTORATE related -
Then you could file an objection (pending approval or rejection).
Once the application for objection has been approved or disapproved, you could file for
inclusion/exclusion.
You can file an annulment of the whole book; or
You can even challenge on election day.
So those are already 4 options.
Pertaining to the CANDIDATE -
BEFORE proclamation, you can have a disqualification case;
AFTER proclamation, a quo warranto.
So you have 6 options.
You question the INTEGRITY:
Postponement; or
Failure.
Then you have 8 options.
PRE-PROCLAMATION CONTROVERSY, you have 2.
But according to COMELEC, only 1.
But for barangay, there will be 2.
So you have 10 options.
POST-PROCLAMATION -
Annulment;
Protest; and
Quo Warranto.
Thats 13 options.
And ELECTION OFFENSES -
Against candidates;
For other persons not candidates.
So, there could be 15 choices in your multiple choice.

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 And there could be another set of choices:
What is the caption?
What is the period?
Where do you file it?
So in one number, there could be five answers.

SLIDE 70-73: DISPUTE RESOLUTION

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