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o Precipitate canvassing
CHAPTER o Terrorism
o Improper venue
o Failure to notify
B. Illegal Proceedings
o SC: Election results in polling places were utterly improbable GR: The second placer cannot be proclaimed because you are not the
choice of the people.
and clearly incredible. It is not likely, in the ordinary course of
things, that all electors of one polling place would, AS ONE XPN: If there is no candidate to begin with (because his COC has been
MAN, vote for all the eight candidates of one party, without cancelled), the second placer is actually the first placer among the
giving a single vote to any of the eight candidates of the other qualified candidates.
party.
BUT, if you were a candidate to begin with, you have all the
qualification CARL, but along the way you committed an election
o Such extraordinary coincidence was quite impossible to
offense that caused you disqualification, the second placer cannot be
believe, knowing that the other party has a nationwide proclaimed as the winner because he is not the choice of the people.
organization, with branches in every province, and was in
previous years, the party in power. If you cannot proclaim the second placer, two things might happen:
1. Succession applies
2. If it does not apply, then the position is deemed vacant,
Question: When a candidate gets zero votes, is that Statistical In the case of councilor, kun nag assume na, we appoint.
improbable? EFFECT OF FINALITY OF DECLARATION AS NUISANCE CANDIDATE
Atty: A 0 vote, standing alone, does not amount to statistical
improbability. EFFECT OF FINALITY OF DECLARATION AS NUISANCE CANDIDATE
MOTIONS A. Votes cast for the nuisance candidate are added to the candidate with
MOTIONS the same surname.
B. But if two one or more candidates share the same surname other
o Must be in writing than the nuisance candidate – votes cast for the nuisance candidates.
o Duly received by the Secretary Votes cast for nuisance candidate are STRAY. Not credited to any
o 24 hours to decide from receipt candidate, incumbent or not.
C. If nuisance candidate does not share surname with any other
o When to proclaim candidate, votes are STRAY. NOT credited to any candidate,
o When the winner is known incumbent or not.
o Who is the winner?
o Candidate who obtained the highest number of EFFECT IF CANDIDATE WHO OBTAINED HIGHEST NUMBER OF VOTES IS DQ BY A
votes by plurality FINAL AND EXECUTORY DECISION
o Top 1 – among candidates for single slot positions EFFECT IF CANDIDATE WHO OBTAINED HIGHEST NUMBER OF VOTES IS
o Top 12, 10, 8 or 2 – among candidates with multiple DISQUALIFIED BY A FINAL AND EXECUTORY DECISION.
slot positions
A. Hr shall not be proclaimed
Atty.: Take note: Timeliness of protest and quo warranto B. But the candidate with the second highest number of votes is also not
proclaimed.
Atty: When do we know if there is a winner? C. Rule of succession applies. Otherwise, the position is vacant,
In automated elections, when the COCP (Certificate of Canvass and
Proclamation) has already been generated
When does a decision become final and executor?
COCPD: Includes only the winners in the elections
COC: All candidates including those who got 0 votes A. Division - no MR is filed
B. En Banc – no TRO was issued by SC within 5 days from receipt of
decision by parties.
Candidate who obtained the highest number of votes.
EFFECT IF DISQUALIFICATION REMAINS ENDING DISQUALIFICATION CASE DURING
Atty: We do not need majority. You only need one vote if you are lone a CANVASSING
candidate because it is the highest number of votes.
EFFECT IF DISQUALIFICATION REMAINS PENDING DISQUALIFICATION
What if nobody voted for you and you are the lone candidate, CASE DURING CANVASSING
can you be proclaimed?
No. Because there is no voter confidence. Q. Candidate with pending disqualification case won the election, can he
be proclaimed?
Yes, he can be proclaimed if there is no order to suspend the
proclamation by the in division or en banc.
Atty.: Usually it is file the protest and pay the filling fee, however the
REMEDIES AFTER PROCLAMATION
SC liberalized na pwede to follow nalang ang payment of filling fees
provided it is still within the filling period.
Election protest - procedure to contest the election or the return of an
elective official Why? It is so expensive, for president, you have to pay P 500 per ballot
box. With HRET, it is more expensive, P 3,000 per ballot box.
Quo Warranto – procedure to prevent assumption or unseat the
E. Cash deposit is not paid within 5 days from filing
proclaimed winner on the ground for ineligibility or disloyalty to duly
constituted authorities. Atty.: Why? Because it will be used by the court or the tribunal to
spend for transportation for the pick up of the ballot boxes etc. If
ELECTION PROTEST despite the payment of cash deposit, the tribunal says that the money
deposited is not sufficient, then you have to deposit some more.
Common issue to be resolved: who obtained the plurality of the
votes
Atty: Take note: Adverse decision from RTC and MTC, appeal to the
Municipal and Barangay Officials COMELEC because it does not follow hierarchy of courts.
Who may file:
When to appeal?
- Candidate who filed candidacy, voted for same office
- Within 5 days from proclamation
who received second or third highest number of votes.
Take note: “voted upon for the same office”. Just because you
were a candidate or filed your COC does not automatically make Members, House of Representatives
you a proper party as a protestant because it might that after Who may file
filing your COC, you withdrew and you were not voted upon in - Any candidate who duly filed certificate of candidacy and
which case you cannot file an election protest. has been voted for the same office and obtained the
- It must be that you filed your COC, was voted upon and received second and third highest number of votes.
the second or third highest votes to make you a proper party for When to file: 15 days from June 30 of election year or date of actual
an election protest.
assumption to office, whichever is later.
- For multiple slot positions, was among the next four Atty.: I think this was prompted by a particular SC case where the
candidates following the proclamation of last ranked COMELEC and HRET nagilog sa jurisdiction because there was a case
winner. where the district rep. was already proclaimed but the COMELEC still
When filed: within 10 days from proclamation. acquired jurisdiction and stated that we are going to nullify. And the SC
Where to file: RTC-Municipal , MTC – Brgy said that pwede because HRET only acquire jurisdiction when 3
Grounds: Electoral fraud, anomalies and irregularities in contested conditions are met: (1) there is valid proclamation, (2) assumption to
precincts. office, and (3) Proper oath before the House Speaker.
Where to file – HRET
Atty: These are what we call pre-proclamation controversies. This is Grounds: Electoral fraud, anomalies or irregularities in contested
where there is a full-blown trial because the regular courts are precincts.
competent to rule on those allegations. And not before the BOC Remedy against adverse decision: MR
because (1) it is a mere ad hoc body, (2) it is incompetent, (3) it cannot
afford to take so much time beyond the start of the term of office. Atty: What if your MR is denied? What is your remedy?
You can go to the SC by certiorari on the basis of grave
abuse of discretion. Take note: A second MR is a prohibited pleading.
Atty.: Difference between election protest and quo warranto?
Take Note: HRET is the sole judge of all contests relation to the
Who can file? election, returns and qualifications of their respective members. When
Election protest – only the candidate voted for the same office. (It is wyou say, it is to the exclusion of all other tribunals.
not you, but me)
Take note: When: within 10 days from receipt
Quo warranto – any registered voter. (It is not you, but I am not
interested) Senators
Grounds for summary dismissal Who may file
A. Lack of jurisdiction to the subject matter - Any candidate who duly filed certificate of candidacy and
been voted for the same office.
Atty.: Take note when you say summary dismissal, the court will not
ask you to comment. The case is immediately dismissed.
Atty: In here it does not qualify, it could be anybody who lost
even if you are the last in the rank .
B. Protest is insufficient in form and substance
Why can’t we apply by analogy?
Atty.: It means the petition does not have a verification, affidavit of
The rules from the other electoral tribunals are separate and
non-forum shopping.
distinct from each other.
Substance is when you failed to allege the essential jurisdictional facts When to file: within 30 days after proclamation
like date of proclamation to prove timeliness without that it is Where to file: Senate Electoral Tribunal
dismissed.
Grounds: Electoral fraud, anomaly or irregularity in the contested
C. Filed beyond prescribed period precincts or manifest error in the tabulation or tallying of results during
canvassing
Atty.: the time within which to file is jurisdictional and if you cannot
comply with that, it removes jurisdiction Remedy against adverse decision: MR
D. Filling fees not paid within time to file protest Atty: Again, no second MR is allowed.
Take note: In all election protest cases including quo warranto, a Where to file: SET
motion to dismiss is not allowed. Grounds: Ineligibility or disloyalty to the Republic of the Philippines
So what if we have grounds for motion to dismiss?
Set them up as affirmative defenses, that is the remedy.
President and Vice-President
Who may file:
When: within 10 days from receipt - Any registered voter who voted
When to file: within 10 days from proclamation
President and Vice-President Where to file: PET
Grounds: Ineligibility or disloyalty to the Republic of the Philippines
Who may file:
- Registered candidate for President or Vice-President who
received the second or thirdhighest number of votes
When to file: within 30 days from proclamation
Where to file: Presidential Electoral Tribunal
Grounds: Electoral fraud, anomalies or irregularities in contested
precincts.
Remedy against adverse decision: MR
When: within 10 days from receipt
Atty: If you have a MR and it was denied, the moment you receive the denial of the
MR, the decision becomes final and executor.
Q: In another case, in Lopez vs Roxas, the big question there was this
since there is the PET composed of the SC en banc, are we creating 2 SC?
No. Although it might appear to be part of the judiciary, but it is independent from
the judiciary. Murag gi tagan lang additional work ang SC aside from their usual
cases.
Just like in administrative proceedings, you cannot review your own findings.
QUO WARRANTO
Atty: When you say ineligibility, you lack the qualifications, you suffer
from CARL.
Senators
Who may file:
- Any registered voter
When to file: within 10 days from proclamation
Jurisdiction
If you are confronted with that problem, you can cite the
Grace Poe case. What I am talking about is practicality. Remember the
Diocese of Bacolod case, the SC said that size limitations do not apply to
campaign materials inside private property. Despite that ruling, the
COMELEC in the 2016 elections still resolved to say that private or ublic
property, size limitations apply. The COMELEC might not follow the
Grace Poe case because it is not too categorical