University of Southern Philippines Foundation

Remedies under Philippine Election Law

Section B Admin and Election Law

Petition to deny due Petition for Petition to Declare Pre Proclamation Election Protest Petition for Quo
course or cancel a Disqualification Failure of Elections Contest Warranto
(Article XXI)
Certificate of (Section 68 and (Section 6)
(Article XX) (Section 253)
Candidacy (Section Section 12)
78 in relation to 74)

Nature, Deals with the Refers to "the (a) the election in Refers to any An election protest is Raises in issue the
scope, eligibility or commission of any polling place has question pertaining a contest between the disloyalty or
function qualification of a prohibited acts and not been held on the to or affecting the defeated and winning ineligibility of the
candidate, filed possession of a date fixed on account proceedings of the candidates on the winning candidate.
before proclamation, permanent resident of force majeure, board of canvassers ground of frauds or
It is a proceeding to
status in a foreign violence, terrorism, which may be raised irregularities in the
unseat the
country." fraud, or other by any candidate or casting and counting
respondent from
Based on a finding analogous causes; any registered of the ballots, or in
office but not
that the candidate political party or the preparation of the
(b) the election in necessarily to install
made a material All the offenses coalition of political returns. It raises the
any polling place had the petitioner in his
representation that is mentioned in Section parties before the question of who
been place.
false, which may 68 refer to election board or directly with actually obtained the
suspended before the
relate to the offenses under the the Commission, or plurality of the legal
hour fixed by law for
qualifications Omnibus Election any matter raised votes and therefore is
the closing of the
required of the public Code. under Sections 233, entitled to hold the
voting on account
234, 235 and 236 in office.
of force majeure,
relation to the
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 office he/she is violence, terrorism, preparation,
running for. fraud, or other transmission, receipt,
analogous causes; or custody and
(c) after the voting appreciation of the
and during the election returns.
preparation and (Section 241, OEC)
transmission of the
election returns or in
the custody or
canvass thereof, such
election results in a
failure to elect on
account of force
majeure, violence,
terrorism, fraud, or
other analogous
causes

Grounds Any material Any candidate who On account of force (1) Illegal Frauds or (1) Ineligibility;
representation does not possess all majeure, violence, composition or irregularities in the
(2) Disloyalty to the
contained in the the qualifications of a terrorism, fraud or proceedings of the casting and counting
Republic of the
Certificate of candidate as provided other analogous board of canvassers; of the ballots, or in
Philippines
Candidacy as for by the causes the election in the preparation of the
required by law is Constitution or by any precinct has not returns
false. existing law or who been held on the date (2) The canvassed
commits any act fixed, or had been election returns are
declared by law to be suspended before the incomplete, contain
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grounds for hour fixed by law for material defects, Electoral frauds,
disqualification may the closing of the appear to be anomalies or
be disqualified from voting, or after the tampered with or irregularities in the
continuing as a voting and during the falsified, or contain protested precincts.
candidate. preparation and the discrepancies in the
transmission of the same returns or in
election returns or in other authentic
the custody of copies thereof as
canvass thereof, such mentioned in Sections
election results in a 233, 234, 235 and
failure to elect, and in 236 of this Code;
any of such cases the
failure or suspension
of election would (3) The election
affect the result of the returns were
election prepared under
duress, threats,
coercion, or
intimidation, or they
are obviously
manufactured or not
authentic; and

(4) When substitute

or fraudulent returns
in controverted
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 polling places were
canvassed, the results
of which materially
affected the standing
of the aggrieved
candidate or
candidates.

Who may Any citizen of voting Any citizen of voting Any interested party Any candidate or by Any candidate who Any voter
file age or a duly age, or duly any registered has duly filed a
registered political registered political political party, certificate of
party, organization, party, organization or organization, or candidacy and has
or coalition or coalition of political coalition of political been voted for the
political parties parties parties same office

Where Law Department of Law Department of COMELEC En Banc (1) Board of (1) If contest involves (1) If the petition
filed the Commission the Commission Canvassers; or any Member of the involves any Member
House of of the House of
Representative or any Representatives or
(2) Directly with regional, provincial, any regional,
COMELEC Division or city, COMELEC provincial, or city,
Division COMELEC Division

(2) If the contest

involves a municipal
(2) If the petition
officer, proper
involves any
Regional Trial Court
municipal or

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 barangay officer,
proper Regional Trial
(3) If the contest
Court or Municipal
involves a barangay
Trial Court,
officer, proper
respectively
Municipal or
Metropolitan Trial
Court

How filed Verified Petition Verified petition Verified Petition (1) Motu proprio Verified Petition with Sworn Petition
Certification against
Forum Shopping
Heard summarily Heard summarily After due notice and (2) Upon written
after due notice after due notice hearing petition,

After due notice and

hearing

When Within five (5) days Any day after the last Any time before Within 10 days after Within 10 days after
may be following the last day day for filing of proclamation the proclamation of the proclamation of
filed for the filing of certificates of the results of the the results of the
certificate of candidacy but not election election
candidacy later than the date of Except if petition for
proclamation correction, which
must be filed not later
than 5 days following

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 the date of
proclamation

Contents (See Grounds, above) (See Grounds, above) (See Grounds, above) (See Grounds, above) (1) the position (1) the position
of the involved; involved;
Petition

(2) the date of (2) the date of

proclamation; and proclamation; and

(3) the number of (3) the number of

votes credited to the votes credited to the
parties per parties per
proclamation. An proclamation. An
election protest shall election protest shall
also state: also state:

(4) the total number (4) the total number

of precincts of the of precincts of the
municipality or the municipality or the
barangay concerned; barangay concerned;

(5) the protested (5) the protested

precincts and votes of precincts and votes of

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 the parties in the the parties in the
protested precincts protested precincts
per the Statement of per the Statement of
Votes By Precinct or, Votes By Precinct or,
if the votes of the if the votes of the
parties are not parties are not
specified, an specified, an
explanation why the explanation why the
votes are not votes are not
specified; and specified; and

(6) a detailed (6) a detailed

specification of the specification of the
acts or omissions acts or omissions
complained of complained of
showing the electoral showing the electoral
frauds, anomalies or frauds, anomalies or
irregularities in the irregularities in the
protested precincts. protested precincts.

Appeal A party aggrieved by (1) For contests Within five (5) days
a ruling of the Board involving a barangay after promulgation of
of Canvassers shall, officer, Regional Trial the decision of the
within forty-eight Court within 10 days court, the aggrieved
hours from receipt of from the receipt of party may file with
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a copy of the ruling of the decision of the said court a notice of
the Board of Municipal Trial Court appeal, and serve a
Canvassers, file with copy thereof upon the
the Board a written attorney of record of
and verified Notice of (2) Within five (5) the adverse party.
Appeal; and within a days after
non extendible period promulgation of the
of five (5) days, he decision of the court,
shall file his appeal to the aggrieved party
the Commission. may file with said
court a notice of
appeal, and serve a
copy thereof upon the
attorney of record of
the adverse party