BASIC PRINCIPLES

JURISDICTION. Refers to the authority to hear and

dispose cases; It may also refer to the proper judicial and/or quasi-judicial entity that may review and/or act on a particular claim and/or cause of action; Original or Appellate; It can also be exclusive or concurrent Decreed by LAW and not subject to agreement of the parties Determined by the parties involved/cause of action Distinguished from VENUE

JURISDICTION IN RELATION TO ELECTION PROCEEDINGS

PRELIMINARY INVESTIGATION. Republic Act No. 9369 or

the AES LAW of 1997 states that COMELEC and other prosecuting arms of the government have concurrent power to conduct preliminary investigation of all election offenses. (Sec. 43 of R.A. 9369 amending Sec. 265 of the Batas. Pambansa 619. 881) TRIAL and JUDICIAL ADJUDICATION. SECTION 268. Jurisdiction of courts. The regional trial court shall have the exclusive original jurisdiction to try and decide any criminal action or proceedings for violation of this Code, except those relating to the offense of failure to register or failure to vote which shall be under the jurisdiction of the metropolitan or municipal trial courts. From the decision of the courts, appeal will lie as in other criminal cases. (Underscoring supplied)

JURISDICTION IN RELATION TO CAUSE OF ACTION

PRE-PROCLAMATION CONTROVERSIES. Are raised

before the Board of Canvassers (BOC) or the COMELEC as soon as the illegality arises. Rulings of BOC are appealable to the COMELEC within 3 days from issuance of the ruling ELECTION CONTEST. Procedure to contest the election or return of an elective official. Jurisdiction depends on the elective contest involved. (SC for Pres/VPres; SET (Contests involving Senators); HRET (Contests involving House of Reps); COMELEC (Regional, Provincial/City Officials); RTC (Municipal Officials) ELECTION OFFENSES. Violations of Election Code and other Election Laws (COMELEC for preliminary investigation) (RTC- for trial and adjudication)

PARTIES TO ELECTION RELATED ACTIONS

COMPLAINANTS : a) any registered voter; b)

authorized representatives of citizens arm; c) candidates and/or their authorized representatives or agents; RESPONDENTS: a) election offenders; b) appointive and/or elective officials ADJUDICATORS: COMELEC/RTC/SUPREME COURT

ELECTION RELATED ACTIONS

Ordinary Actions shall refer to Election Protests, Quo warranto, and Appeals from decisions of courts in election protest cases
Special Actions shall refer to Petitions to deny course to certificate of candidacy, to declare a candidate as a nuisance candidate, to disqualify a candidate or to postpone or suspend an election Special Cases - shall refer to Pre-proclamation cases Special Reliefs - shall refer to Certiorari, Prohibition, Mandamus and Contempt

Provisional Remedies - shall refer to injunction and/or restraining order

Special Proceedings - shall refer to annulment of permanent list of voters, registration of political parties and accreditation of citizens' arms of the Commission

ELECTION LEGAL FORMS

I. II. III. IV. V.

PETITION COMPLAINT AFFIDAVIT ANSWER/COMMENT MEMORANDUM MOTIONS FORM PRINTED/TYPEWRITTEN/MIMEOGRAPHED LEGAL SIZE FILIPINO or ENGLISH VERIFIED ( Affidavit stating that the person verifying the same has read the pleading and that the allegations therein are true of his own knowledge. Verifications based on "information or belief" or upon "knowledge", "information" or "belief" shall be deemed insufficient.)

PARTS OF A PLEADING

CAPTION DOCKET NUMBER DESIGNATION OF THE PLEADING STATEMENT OF THE CASE IDENTIFICATION and QUALIFICATION OF THE PARTIES STATEMENT OF FACTS ISSUES ARGUMENTS PRAYER VERIFICATION

CHALLENGES AND ELECTION RELATED ACTIONS ON VOTING

PETITION FOR INCLUSION/EXCLUSION OF VOTERS CHALLENGE AGAINST ILLEGAL VOTERS; CHALLENGE AGAINST ILLEGAL ACTS; COMPLAINT

FOR COMMISSION OF ELECTION OFFENSE AS DEFINED UNDER THE OMNIBUS ELECTION CODE IN RELATION TO THE PROVISIONS OF REPUBLIC ACT NO. 9369; PROTEST AGAINST ANY IRREGULARITY COMMITTED BY THE BEI or ANY PERSON

CHALLENGES ON CANVASSING
CHALLENGE BASED ON ILLEGAL ACTS
PROTEST AGAINST ANY IRREGULARITY PRE-PROCLAMATION CASES

ELECTION PROTEST
ELECTION OFFENSES

CHALLENGES ON FINAL TESTING AND SEALING (FTS)

ELECTION OFFENSE
CHALLENGE/PROTEST ON PROTOCOL INFIDELITY IN THE CUSTODY OF EQUIPMENT

AND PARAPHERNALIA

RELEVANT LAWS AND GENERAL INSTRUCTIONS

BATAS PAMBANSA BLG. 881 otherwise known as the

OMNIBUS ELECTION CODE REPUBLIC ACT No. 9369 REPUBLIC ACT No. 7166 REPUBLIC ACT No. 8436 COMELEC RESOLUTION No. 9640 GENERAL INSTRUCTIONS FOR BEI COMELEC RESOLUTION No. 9635 CONTINUITY PLAN FOR THE CONDUCT OF THE AES FOR MAY 2013 COMELEC RESOLUTION No. 9648 GENERAL INSTRUCTIONS FOR BOC

ELECTION OFFENSES
ELECTION OFFENSE LEGAL FORM PENALTY/REMEDY
VOTE BUYING/VOTE COMPLAINT WITH SELLING SUPPORTING AFFIDAVITS WITH PRAYER FOR DISQUALIFICATION AND/OR PETITION FOR DISQUALIFICATION DISQUALIFICATION; CONTINUE WITH CANVASSING BUT PROCLAMATION MAYBE SUSPENDED; IMPRISONMENT

ELECTION OFFENSES
ELECTION OFFENSE TRANSFERING THE REGISTRATION RECORD OF A VOTER LEGAL FORM COMPLAINT AFFIDAVIT STATING FACT OF TRANSFER AND THAT SAME WAS MADE WITHOUT FACTUAL BASIS AND ABSENCE OF NOTICE OF THE VOTERS NEW POLLING PLACE COMPLAINT AFFIDAVIT STATING DOUBLE REGISTRATION WITHOUT FILING AN APPLICATION FOR CANCELLATION PENALTY/REMEDY IMPRISONMENT/ DISQUALIFICATION FROM HOLDING ANY PUBLIC OFFICE W/R APPOINTIVE OR ELECTIVE

DOUBLE REGISTRATION

IMPRISONMENT/DISQ UALIFICATION FROM HOLDING ANY PUBLIC OFFICE W/R APPOINTIVE OR ELECTIVE

ELECTION OFFENSE
ELECTION OFFENSE
ILLEGAL SUBSTITUTION OF VOTER

LEGAL FORM
CRIMINAL COMPLAINT/ CHALLENGE RECORDED IN MINUTES OF VOTING CRIMINAL COMPLAINT/ CHALLENGE RECORDED IN MINUTES OF VOTING/CANVASSING/ ELECTION PROTEST CRIMINAL COMPLAINT/ CHALLENGE RECORDED IN MINUTES OF VOTING/CANVASSING/ ELECTION PROTEST NOTICE OF VIOLATION/COMPLAINT

PENALTY/REMEDY
IMPRISONMENT/ DENIAL OF RIGHT OF SUFFRAGE/DISQUALIFICATIO N IMPRISONMENT/ DENIAL OF RIGHT OF SUFFRAGE/DISQUALIFICATIO N

ILLEGAL PREPARATION OF BALLOT

UNAUTHORIZED ACCESS TO CONTENTS OF BALLOT BOX

IMPRISONMENT/ DENIAL OF RIGHT OF SUFFRAGE/DISQUALIFICATIO N

PROHIBITED ELECTION PROPAGANDA

REMOVAL OF PROPAGANDA/ DISQUALIFICATION

ELECTION OFFENSE
ILLEGAL HANDBILL/ CAMPAIGN MATERIAL

LEGAL FORM
COMPLAINT/PETITION FOR DISQUALIFICATION

REMEDY/PENALTY
IMPRISONMENT 8 YEARS 1 DAY TO 12 YEARS WITHOUT POSSIBILITY OF PAROLE; DISQUALIFICATION AND DENIAL OF RIGHT TO SUFFRAGE SAME

UNAUTHORIZED CAMPAIGN EXPENDITURE UNAUTHORIZED USE OF OFFICIAL BALLOTS/ERS/COCV AND OTHER AES GADGETS AND PARAPHERNALIA

COMPLAINT/PETITION FOR DISQUALIFICATION COMPLAINT

SAME

TAMPERING/DAMAGING/DEST ROYING ELECTION GADGET/EQUIPMENT/PARAP HERNALIA

COMPLAINT

SAME

ELECTION OFFENSE

LEGAL FORM

REMEDY/PENALTY SAME

INTERFERING WITH, CRIMINAL COMPLAINT IMPEDING/ABSCONDIN G/ PREVENTING THE INSTALLATION OR USE OF COMPUTER COUNTING DEVICE FOR PURPOSE OF GAIN GAINING OR CAUSING CRIMINAL COMPLAINT ACCESS TO USING/ALTERING/DEST ROYING OR DISCLOSING ANY COMPUTER DATA USED IN AES

SAME

REFUSAL OF THE CITIZENS ARM TO PRESENT COPY OF ER TO BOC

VERBAL AND FORMAL CHALLENGE AND/OR COMPLAINT

IMPRISONMENT 8 YEARS 1 DAY TO 12 YEARS WITHOUT POSSIBILITY OF PAROLE; DISQUALIFICATION AND DENIAL OF RIGHT TO SUFFRAGE -SAME-

PRESENTATION BY THE CITIZENS ARM OF TAMPERED OR SPURIOUS ER REFUSAL OR FAILURE TO PROVIDE CITIZENS ARM THEIR COPY OF ER

FORMAL COMPLAINT AND/OR CHALLENGE

VERBAL OR FORMAL CHALLENGE/COMPLAI NT

-SAME-