SUFFRAGE AND ELECTION LAWS

I.] GENERAL PRINCIPLES I.E.2. Authority

I.E.2.a.
I.A.] DEFINITION I.E.2.a.i.
[Link]
I.A.1.a. I.E.2.b.
I.A.1.a.i I.E.2.b.i.

[Link] I.E.2.c.
I.A.2.a.
I.A.2.b. I.E.3. Automated Election System
(AES)
I.B.] THEORIES ON SUFFRAGE
I.F.
I.B.1. Natural Right Theory
I.B.2. Social Expediency
I.B.3. Tribal Theory
I.B.4. Feudal Theory
I.B.5. Ethical Theory

I.C.] THEORY PREVAILING IN THE

PHILIPPINES

I.D.] CONSTITUTIONAL MANDATE

ON CONGRESS

I.D.1.
I.D.1.a.
I.D.1.b.
I.D.1.b.i.
I.D.1.c.

I.D.2.
I.D.2.a.

I.E.] THE AUTOMATED ELECTION

SYSTEM (AES)
I.E.1. Policy
II.] THE COMMISSION ON II.A.2.b. II.A.4.d.
ELECTIONS
II.A.2.b.i. II.A.4.d.i.
II.A. COMPOSITION: ENBANC
AND DIVISION CASES [Link].

II.A.1. [Link].a.
II.A.1.a. II.B. CONSTITUTIONAL POWERS
II.A.1.a.i. [Link]. AND DUTIES OF THE COMELEC

II.A.1.b. [Link]. II.B.1. Enforce and administer all

laws and regulations relative to
II.A.1.c. the conduct of an election,
II.A.1.c.i. II.A.3. plebiscite, initiative, referendum
or recall
II.A.1.d. II.A.3.a
II.A.1.d.i. II.B.1.a.i.
II.A.3.b
[Link]. [Link].
II.A.3.c.i.
[Link]. [Link].
II.A.3.d.
[Link]. [Link].
II.A.3.e.
II.B.1.a.v.

II.A.2.
II.A.4. II.B.1.b.
II.A.2.a.
II.A.4.a. II.B.1.b.i.
II.A.2.a.i.
II.A.4.a.i. II.B.1.b.i.a.
[Link].
II.A.4.a.i.a. II.B.1.b.i.b.
[Link].
II.A.4.b.
[Link].
II.A.4.c.
[Link]. [Link].
II.B.2.a.

II.B.2.a.i.
[Link].
[Link]. [Link].

[Link].a.
II.B.1.b.x.
[Link].b. II.B.2.b.

[Link].c.

[Link].d. II.B.2.c.

[Link].d.1.
II.B.2. Exclusive original
[Link].e. jurisdiction over all constests II.B.2.c.i.
relating to election, returns and
qualifications of all elective
regional, provincial and city II.B.2.d.
[Link]. officials.
II.B.2.d.i.
Exclusive appellate
jurisdiction over all contests [Link].
II.B.1.b.v. involving elective municipal
officials decided by trial courts of [Link].
II.B.1.b.v.a. general jurisdiction, or involving
elective barangay officials
decided by trial courts of limited II.B.2.e.
jurisdiction.
II.B.2.e.i.
[Link]. Decisions, final orders or
rulings of the Commission on [Link].
Election Constests involving
elective municipal and barangay [Link].
[Link]. offices shall be final, executory
and not appellable. [Link].
[Link]. II.B.5. [Link].c.

II.B.2.e.v. II.B.5.a. [Link].d.

[Link]. II.B.5.b. [Link].e.

II.B.5.c. II.B.5.g.v.
II.B.2.f.
II.B.5.d. [Link].

II.B.5.e. [Link].
II.B.2.g.
II.B.5.f. [Link].a.

II.B.5.g. [Link].b.
II.B.3.
II.B.5.g.i. [Link].
II.B.3.a.
[Link]. [Link].a.
II.B.3.b.
[Link].a. [Link].b.
II.B.3.c.
[Link].b. [Link].c.
II.B.3.d.
[Link].c. [Link].d.

[Link]. [Link].e.

II.B.4. [Link]. [Link].f.

II.B.4.a. [Link].a. [Link].

II.B.4.b. [Link].a.1. II.B.5.g.x.

[Link].b. II.B.5.h.

[Link].c.
II.B.6. II.C. STATUTORY POWERS OF THE
COMELEC
II.B.6.a.
II.C.1.
II.B.6.a.i.
II.C.2.
[Link].
II.C.2.a.
[Link].
II.C.2.b.
II.B.6.b.
II.C.3.
II.B.6.c.
II.C.3.a.
II.B.7.
II.C.4.
II.B.8.
III. VOTERS: QUALIFICATIONS III.C.2.c. III.D.2.b.i.
AND REGISTRATION
III.C.2.d.

III.C.2.e. III.E. ANNULMENT OF BOOK OF

III.A. QUALIFICATIONS FOR VOTERS
SUFFRAGE III.C.2.f.
III.E.1.
III.A.1. III.C.2.g.
III.E.1.a.
III.A.2. III.C.2.h.

III.B. DISQUALIFICATIONS III.D. INCLUSION AND

EXCLUSION PROCEEDINGS
III.B.1.
III.D.1.
III.B.2.
III.D.1.a.
III.B.3.
III.D.1.b.

III.D.1.c.
III.C. REGISTRATION OF VOTERS
III.D.1.d.
III.C.1.
III.D.1.e.
III.C.1.a.
III.D.1.f.
III.C.1.b.
III.D.1.g.
III.C.2.
III.D.2.
III.C.2.a.
III.D.2.a.
III.C.2.b.
III.D.2.b.
IV. CANDIDATES: CERTIFICATES
OF CANDIDACY

IV.A. QUALIFICATIONS

IV.A.1.

IV.A.2.

IV.A.3.

IV.A.3.a.

IV.A.3.b.

IV.B. DISQUALIFICATIONS

IV.B.1.

IV.C. CERTIFICATE OF
CANDIDACY
V. CAMPAIGN; ELECTION Supreme Court enumerated the indirectly, in any electioneering or
PROPAGANDA CONTRIBUTIONS elements of the offense, as follows: partisan political campaign under Sec.
AND EXPENSES 2(4), Art. IX-B, Constitution.
(i) a person engages in
V.A. ELECTION CAMPAIGN OR election campaign or partisan V.A.2.
PARTISAN POLITICAL ACTIVITY political activity as defined in Sec. 2. Public rally. Any political
79, BP881; party or candidate shall notify the
V.A.1. election registrar of any public rally
(ii) the act is designed to said political party or candidate
Election campaign or promote the election or defeat of intends to organize and hold in the
partisan political activity refers to a particular candidate; and city or municipality, and within seven
an act designed days thereafter submit to the election
to promote (iii) the act is done outside registrar a statement of expenses
the election or defeat the campaign period. incurred in connection therewith {Sec.
of a particular candidate or 88, BP 881}.
candidates to public office.
V.A.1.b.
Public expressions or opinions V.B. LAWFUL ELECTION
or discussions of probable issues in a [b] "unlawful acts or omissions PROPAGANDA
forthcoming election or on attributes applicable to a candidate shall take
of or criticisms against probable effect only upon the start of the said V.B.1.
candidates proposed to be nominated campaign period", it would seem that
in a forthcoming political party no one can be held liable for the 1. Sec. 4, RA 9006, requires
convention shall not be construed offense of premature election that print advertisements donated
as part of any election campaign or campaign. to a candidate shall not be published
partisan political activity {Sec. 79, BP without the written acceptance of
881]. Congress never intended that the said candidate, which written
the early filing of CoCs is to make the acceptance shall be attached to the
V.A.1.a. person immediately a candidate for advertising contract and
[a] Under Sec. 80, BP 881, it purposes other than the printing of submitted to the COMELEC. x x x
shall be unlawful for any person or an ballots.
party to engage in election campaign Since the advertisement in question
or partisan political activity except was published, there arises a
during the campaign period. V.A.1.c. presumption that there was written
acceptance by the petitioner of the
In Lanot v. COMELEC, GR. No. [c] Distinguish this from the advertisement paid for or donated by
154858, November 16, 2006, the prohibition on members of the Civil his friends in the absence of evidence
Service to engage, directly or to the contrary
V.B.2. is asked to vote for or against issues, V.D. ELECTORAL CONTRIBUTIONS
not candidates [Sanidad v. COMELEC,
COMELEC en bane properly 181 SCRA 529]. V.D.1.
considered as evidence the 1. The term "contribution"
Advertising Contract date May 8, V.C.2. includes a gift; donation, subscription,
2013, in arriving at the conclusion loan, advances or deposit of money
that Laguna Governor Ejercito spent 2. The Court upheld the validity of or anything of value, or a contract,
an amount beyond that allowed by the COMELEC resolution that all promise or agreement_ to contribute,
law in the matter of his media propaganda materials, including whether or not legally enforceable,
expenses. advertisements on print, in radio, made for the purpose of influ~ncing
or on television, showing the the results of the elections, but shall
E.R.'s allegation that the image or mentioning the name of not include services ren?e_red
contract was paid for by an unknown a person (who, subsequent to the without compensation by individuals
supporter and that his signature on placement or display thereof, volunteering a portion or all of their
the contract was forged, cannot be becomes a candidate for public time in behalf of a candidate or
given credence. office, be immediately political party. It shall also include
removed,otherwise. this shall be the use of facilities voluntarily
Questions of forgery and presumed as premature donated by other persons, the money
consent are issues of fact and cannot campaigning in . value of which can be assessed based
be raised in a Rule 65 petition. on the rates prevailing in the area.
violation of the provisions of BP 881.
NOTE: Reconcile this with Lanot and V.D.2.
Penera. Contributions from the following are
V.C. PROHIBITED ELECTION Prohibited contributions.
PROPAGANDA
V.C.3.
V.C.1. - V.D.2.a.
[a] Public or private financial
1. In Badoy v. COMELEC, 35 SCRA institutions, Provided, however, that
285, the prohibition of certain forms nothing herein shall prevent the
of election propaganda was upheid as making of any loan to a candidate or
a valid exercise of the police political party by any such public or
power, "to prevent the perversion private institutions legally in the
and the prostitution of the business of lending money, and that
electoral apparatus, of the denial the loan is made in accordance with
of due process of law". But this evil laws and regulations in the ordinary
does not obtain in a plebiscite, course of business;
because in a plebiscite, the electorate
V.D.2.b. V.D.2.f. Provided that normal and
[b] Natural and juridical persons [f] Educational institutions which customary religious dues or· _
operating a public utility, or in have received grant; of public contributions, such as religious
possession of or exploiting any funds amounting to no less than stipends, tithes or collections on
natural resources of the nation. P100,000; Sundays or other designated
collection days, as well as periodic
V.D.2.c. V.D.2.g. payments for legitimate scholarships
[c] Natural and juridical persons [g] Officials or employees in the established and school contributions
who hold contracts or sub- Civil Service or members of the habitually made before the prohibited
contracts to supply the government Armed Forces of the Philippines; period, are excluded from this
or any of its divisions, subdivisions or and prohibition.
instrumentalities with goods or
services or to perform construction or V.D.2.h. V.F. LIMITATIONS ON EXPENSES;
other works; [h] Foreigners and foreign LAWFUL EXPENDITURES
corporations. Sec. 13, R.A. 7166,
V.D.2.d. provides that for the 1992
[d] Natural and juridical persons synchronized elections, the aggregate
who have been granted V.E. PROHIBITED DONATIONS BY amount that
franchises, Incentives, CANDIDATES a candidate or registered political
exemptions, allocations or similar party may spend for election
privileges or concessions by the No candidate, his or her campaign shall
government or any of its divisions, spouse, or any relative within the be, as follows:
subdivisions or instrumentalities, second civil degree of
including government-owned or - consanguinity or affinity, or his
controlled corporations; campaign manager, agent or V.F.1.
representative, shall during the 1. For candidates: P10 for President
V.D.2.e. campaign period, on the day and Vice President; and for other
[e] Natural and juridical persons before and on the date of the candidates P3 for every voter
who, within one year prior to the election, directly or indirectly, currently registered in the
date of the election have been make any donation, contribution or constituency where he filed his
granted loans or other gift in cash or in kind, or undertake to certificate of candidacy; Provided,
accommodations in excess of contribute to the construction or that a candidate without any political
P100,000 by the government or any repair of roads, bridges, school party and without support from any
of its divisions subdivisions or houses, puericulture centers, medical political party may be allowed to
instrumentalities, including clinics and hospitals, churches or spend P5 for every such voter; and
government-owned or -controlled chapels, cement pavements or any
corporations; structure for public use or for the use
of any religious or civic organization;
V.F.2. expenditures as required shall
2. For political parties: P5 for every constitute an administrative offense
voter currently registered in the for which the offenders shall be liable
constituenty or constituencies where to pay an administrative fine ranging
it has official candidates. from P1 ,000
to P30,000 at the discretion of the
Commission. The fine shall be paid
V.G. STATEMENT OF within
CONTRIBUTIONS AND EXPENSES 30 days from receipt of notice of such
[Sec. 14, RA 7166] Every failure, otherwise, it shall be
candidate and treasurer of the enforceable
political party shall, within 30 dc:ys by a writ of execution issued by the
after the day Commission against the properties of
of the election, file in duplicate with the
the office of the Commission, the full, offender. For the commission of a
true second or subsequent offense the
and itemized statement of all · administrative fine shall range from
contributions and expenditures in P2,000 to P60,000 in the discretio.n
connection with of the
the electiqn Commission. In addition the offender
shall be subject to perpetual
V.G.1. disqualification for hold public office.
1. No person elected to any public
office shall enter upon the duties of V.G.3.
the office until he has filed the 3. In Pilar v. COMELEC, 245 SCRA
statement of contributions and 759, the Supreme Court held that
expenditures this
herein required. The same prohibition requirement to file the statement
shall apply if the political party that covers even those who withdrew as
nominated the winning candidate fails candidates after having filed their
to file the statement required herein. certificates, because Sec. 14, R.A.
7166,
V.G.2. does not make any distinction.
2. Except candidates for elective
barangay office, failure to file the
statements or reports in connection
with electoral contributions and
VI. BOARD OF ELECTION AES. Such certification shall be issued entitled to_ one watcher m
INSPECTORS; WATCHERS by the DOST free· of charge [Sec. 3, ev . .e.:ilhng place and-canvassing
R.A. 8436, as amended by R.A. 9369). center, Provided, ·
VI.A. COMPOSITION OF THE that candidates for
BOARD OF ELECTION VI.B. POWERS OF THE BEI Sanggurnang ·Pan\al~, Sanggun\ang
INSPECTORS (BEI) Panlungsod or
The BEi shall conduct the voting and Sangguniang Ba'yan belonging to the
The BEl shall counting of votes same ticket or slate shall
be composed of a chairman, a rn the polling place; act as deputies co\\ecti'.;e\y be .
member and a poll clerk, who must of the COMELEC in the supervision entitled to one watcher. 1he
be public and dominant maiority party and
school teachers. A member must be control of the polling place; maintain dominant minority ·
of good moral character and order within the polling place and its party, which the Commission shall
irreproachable reputation, a premises to keep access thereto open determine in accordance with law, s
registered voter of the city or and unobstructed, and to enforce each be entitled to one official
municipality, never obedience to its lawful orders and to watcher who shall be paid a fixed per
been convicted of any election perform such other functions as may [Link]
offense or any other crime punishable be P400.00. There shall also be
by more . prescribed by law or by the rules of recognized six (6) principal watch
than six months imprisonment, and the COMELEC. representing the 6 major political
must be able to speak and write 1. Proceedings. Its proceedings shall parties excluding the dominant
English , be public and held only in the polling majority a
or the local dialect. place._ T_he BEi shall act through its
1. Disqualification~: (a) must not be Chairman, and shall decide without VI.C.1.
related within the 4th civil degree by delay
consanguinity or affinity to any by maJonty vote all questio~s which 1. Qualifications: Qualified voter of
member of the BEi or any candidate may arise in the [Link] its the city or municipality, of good
to be voted duties. moral
for in the polling place; and (b) must character, never been convicted of
not engage in any partisan political VI.C. WATCHERS any election offense or any crime,
activity. knows
2. Where automated election system [Sec. 2_6: R.~7166, as amended by how to read and write English,
(AES) is adopted, at least one R.A. 9369).Every registered Pilipino or any of the prevailing local
member of the Board of Election polr_tical party or coalrt1o_n o dialects,
Inspectors shall be an information olitical_ parties, and ev9ry candidate and not related within the 4th civil
technology-capable person, who is shall each be .: degree by consanguinity or affinity to
trained or certified by the DOST to any
use the
member of the BEi in the polling
place where he seeks appointment as
watcher.

VI.C.2.

2. Rights and duties: To stay in the

place reserved for them inside the
polling place, witness and inform
themselves of the proceedings of the
BEi,
take notes, photographs of
proceedings, file protest against any
irregularity or
violation of law, be furnished with a
certificate of the number of votes cast
for
each candidate;
VII. CASTING AND COUNTING OF o_n the b~l~ot. . xx x The official VII.B.1.
VOTES. ballots shall be printed and 1. Chall~n- e of Ille al r._ Any _voter
distributed to each or watcher may challenge any
VII.A. BALLOT BOX c1ty/munic1pality ~~ the rate -of person offen_ng to vote for not be
one ballot for every registered voter registered, for using the name of
Where applicable, there shall be in with a another.
each precinct on election ' prov1s1on of add1t1onal three ballots or for suffering from existing disqu
day a ballot b_ox with such safety per precinct [Sec. 15, R.A. 8436,, as tfication. A challenge may likewise be
features that the Commission may amended by R.A. 9369]. made on the ground that the
prescribe [a] There is nothing in the law that challeng\:d person has received or
and of such size as to accommodate provides that a ballot which has not, expects to
the official ballots [Sec. 17, R.A 8436, bee~ authenticated shall be deemed . paid, offered or p~omises to pa\,
as spurious. The law merely makes the contributed, offered or promised to
amended by R.A. 9369], Chairman of the BEi accountable for contribute mone~ or anything of
1. Official ballot. The Commission such an omission [Libanan v. HRET, value aJ1 con~ideration for his vote
shall prescribe the format of the G.R. or for the
electronic display and/or size and No. 129783. December 1997]. Thus, v~te of _another, made or received a
form of the official ballot, which shall in Punzalan v. COMELEC, 289 promise to influence the giving or
contain SCRA 702, 1t was held that the ballot :-v1thhold1n~ of any such vote or
the_ titl_es_ of the position to be is valid even if it is not signed at the made .a be\ or is interested directly
filled and/or the proposition to be back or indirectly,
voted upon in by the Chairman of the BEi. ma bet which depends upon the
an in1t1ative, referendum or results of\the election. The
plebiscite. x x x A fixed space where VII.B. PROCEDURE IN VOTING challenged voter
the chairman The Commission shall prescribe the shall ta~e an oath before the BEi that
of th~ BEi shall affix his/her signature manner and he ~as not committed any of the acts
to authenticate the official ballot shall procedure_ of _voting, ~hich _can be alleged in the challenge.
be easily understood and followed by the
provided. x x x To prevent the use of voters, taking into consIderat1on, VII.B.2.
fake ballots, the Commission through among other things, the secrecy of
t_he_ Committee shall ensure that the voting 2. Preparation of ballot for ilfiterate
the necessary safeguards, such as [Sec. 18, R.A. 8436, as amended by and disabled. An illiterate or disabled
but not R.A. 9369]. · voter may be assisted in the
limited to bar codes, holograms, color preparation of his ballot by a relative
shifting ink, microprinting, are within the 4 th
provided · degree of consanguinity or affinity;
or, if he has none, by any person of
his
confidence who belongs to the same · The notice shall specify the procedure of counting the votes
household, or by any member of the precincts covered by each counting under the automated system;
BEi; center and the Provided, that
Provided, that no voter shail be number of registered voters in each apart from the electronically stored
allowed to vote as an illiterate unless of said precincts. The election officer result, thirty (30) copies of the
so shall election
indicated in his registration record; also furnish a copy of the notice to return are printed, distributed as
and Provided, further, that in no case the headquarters or official address of follows: 1 to the city/municipal board
shall the of
an assistor assist more than three political parties or independent canvassers, 1 to Congress, 1 to the
times, except the members of the BEi. candidates within the same period. COMELEC, 1 to the citizens' arm, 1 to
The the
VII.C. CLOSING OF POLLS election officer shall post in the dominant majority party, 1 to the
Commission website concerned the dominant minority party, 1 to be
The Commission shall prescribe the said notice placed inside
time, manner and and publish the notice in the local the ballot box, 1 to the provincial
procedure of closing the polls and the newspaper. Where the polling place board of canvassers, 9th-18th to the
steps for the correct reporting of or 10
votes voting center is also the designated accredited major political parties,
· cast and the proper conduct of counting center, such information 19th-20th to accredited major local
counting for areas covered by the shall be parties,
AES [Sec. contained in the notice. The 21 st-24th to national media, 25th-
19, R.A. 8436, as amended by R.A. Commission may not designate as 26th to local media, and 27th-30th to
9369}. counting major
center any building or facility located citizens' arms {Sec. 21, R.A. 8436, as
VII.D. NOTICE OF DESIGNATION within the premises of a camp, amended by R.A. 9369].
OF COUNTING CENTERS reservation compound, headquarters,
detachment, or field office of the VII.E.1.
The election officer shall military, police, prison or detention
post prominently in his office, in the bureau, or any law enforcement or 1. Electronic returns. Each copy of
bulletin boards at the city/municipal investigating agency [Sec. 20, R.A. the printed election returns shall bear
hall 8436, as amended by R.A. 9369]. appropriate control marks to
and in three other conspicuous places determine the time and place of
in the city/municipality, the notice of VII.E. COUNTING PROCEDURE printing. Each
the copy shall be signed and
, designated counting center(s) for at The Commission shall prescribe the thumbmarked by all the members of
least three weeks prior to election manner and the board of
day.
election inspectors and the watchers Commission shall, in the presence of and manual count will result in the
present. If any member of the board watchers and representatives of the determination of root cause and
ofelection inspectors present refuses accredited citizens' arms, political initiate a
to sign, the chairman of the board parties/candidates, if any, manual count for those precincts
shall electronically ,, affected by the computer or
note the same in each copy of the transmit the precinct results to the procedural error
printed election returns. The member respected levels of board of [Sec. 29, R.A. 8436, as amended by
of the canvassers, to R.A. 9369].
board of election inspectors the dominant majority and minority
concerned refusing to sign shall be party, to the accredited citizens' arms, VII.G. MANUAL ELECTIONS.
compelled to and [d] When two words are written PROCEDURE FOR COUNTING
explain his or her refusal to do so. on the ballot, one of which is the first VOTES
Failure to explain an unjustifiable name of the candidate and the other
re'fus9I to is the surname of his opponent, the 1. Manner of counting votes [Sec. 25,
sign each copy of the printed election vote R.A. 7166]. In reading the individual
return by any member of the board i shall not be counted for either. · official ballots during the counting,
shall to the Kapisanan ng mga Brodcasters the chairman, poll clerk and third
be punishable as provided in this Act. ng Pilipinas (KBP) member
[a] The chairman of the board shall [c] The election returns transmitted shall assume such positions as to
then publicly read and announce electronically and digitally signed provide the watchers and the
the total number of registered voters, shall be considered as official election members of
the total number of voters who results and shall be used as basis for the public as may be conveniently
actually the canvassing of votes and the accommodated in. the polling place,
voted and the total number of votes proclamation of a candidate [Sec. 22, unimpeded view of the ballot being
obtained by each candidate based on R.A. read by the chairman, of the election ·
the 8436, as amended by R.A. 9369]. [Link] and the tally board being
election returns. Thereafter, the simultaneously accomplished by the
copies of the election returns shall be VII.F. RANDOM MANUAL AUDIT poll clerk
sealed · and the third member respectively,
and placed in the proper envelopes Where the AES is used, there shall be without touching any of these
for distribution. a random election
manual audit in one precinct per documents. The table shall be deared
[b] Within one hour after the printing congressional district randomly ~II unnecessary writing
of the election returns, the. chosen by the
chairman of the board of election Commission in each province and city. paraphernalia. Any violation of this
inspectors or any official authorized Any difference between the requirement shall c~nstitute a~
by the automated e1ection
offense punishable under Secs. 263 [e] Ballots which contain prefixes should be counted for the candidate.
and 264 of the Omnibus Election such as "Sr.", "Mr.", "Datu", But where the name of the candidate
Code. "Ginoo",etc., shall be valid. 1s
2. Rules for appreciation of ballots [fJ The use of nicknames and written seven times in the ballot, it is
[Sec. 211, B.P. 881]. Some rules: appellations of affection and clear that the same is intended to
[a] Idem sonans. A name or surname friendship, identify
incorrectly written ':"hich when if accompanied by the first name or
read,. has a sound similar to the surname of the candidate, does not the voter, and thus, the vote should
name or surname of a candidate ann~I be invalidated [Bautista v. Castro,
when such vote, except when they were 206
. correctly written shall be counted in used as a means to identify the voter, SCRA 305].
his favor. in [b) In Viffagracia v. COMELEC, G.R.
[b] When two or more words are which case, the entire ballot is invalid. No. 168296, ,January 31, 2006, it
written on the same line on the ballot [g] If the candidates voted for exceed was held that a distinction has to be
all of which are the surnames of two the number o_f those to be made between marks that were
or more candidates, the same shall elected, the ballot is valid, but the apparently
not votes shall be counted only in favor carelessly or innocently made, which
be counted for any of them, 1mless of the do not invalidate the ballot, and
one is the surname of an incun:ibent .candidates whose names were firstly marks
who written by the voter within the space purposely placed thereon by the voter
has served for at least one year, in provided for said office in the ballot with a view to possible future
which case it shall be counted 1n until the authorized number is identification, which invaliddates it. In
favor of covered this case, the invalidated ballots are
the latter. 3. Some relevant decisions on marked with the words "Joker" (14
[c]_When on the ballot is written a appreciation of ballots. ballots), "Alas" (6 ballots), "Queen"
single word which i_s the first name [a] In appreciating a ballot, the (7
of a candidate and which is at the object should be ~o asce_rtain and ballots), and "Kamatis" (7 ballots), all
same Ume the surname of his carry written in the No. 7 slot of the list of
opponent, the into effect the intention of the voter if Kagawad for Sangguniang Barangay,
vote shall be counted in favor of the it can be determined with reasonable and appearing only in ballots wherein
latter. certainty. Thus, the name of the the Punong Barangay voted for was
[d] When two words are written on candidate is preceded by the words the petitioner. Clearly, the marks
the ballot, one of which is the first "Bo. indicate
name of the candidate and the other Barangay'' should be interpreted to no other intention than to identify the
is the surname of his opponent, the mean "Po. (or Punong) Baranga(, ballots; indubitably, these are marked
vote an_d ballots and were properly invalidated.
i shall not be counted for either. 4. Election Returns. The BEi shall
prepare the election return
simultaneously with the counting of
votes in the polling place. The seven
copies of the election returns shall be
distributed as provided in B.P. 881,
as
amended by RA 6646.
5. Announcement of the result of the
election. Upon complE?tion of the
election returns, the BEi Chairman
shall orally and publicly announce the
total number of votes received in the
election in the polling place by each
and
every one of the candidates.
6. BEi to issue Certificate of Votes to
Watchers. This Certificate of Votes
is issued upon request. Sec. 16, RA
6646, requires that the certificate be
signed and thumbmarked by each
member of the BEi that issued the
same.
[a] The certificate cannot be a valid
basis for canvass; it ca~ only be
used as evidence to prove tampering,
alteration, falsification or ~/'Y other
anomaly committed in the election
returns concerned [Garay v.
Clj)MELEC,
261 SCRA 222]. A Certificate of Votes
does not constitute sufficienl evidence
of the true and genuine results of the
election, only election return,.s are.
VIII. CANVASS AND district schools supervisor, or in his CANVASSERS.
PROCLAMATION absence, a principal of the school, as
member. Substitute members are the The City of Municipal Board of
VIII.A. COMPOSTITION OF Municipal Administrator, Municipal Canvassers shall canvass the
BOARDS OF CANVASSERS Assessor, Clerk of Court nominated ! votes for the president, vice
by the Executive Judge, or any other president, senators, and parties,
1. Provincial: The provincial election available appointive municipal official. organizations or
supervisor, or a lawyer of a regional NOTE: For the automated election coalitions participating under the
office of the Commission, as system., the chairman of the board party-list system by consolidating the
chairman, the provincial prosecutor shall be electronically transmitted results
as vice appointed by the Commission from contained in the data storage devices
chairman, and the provincial among its personnel/deputies, and used in
superintendent of schools as member. the the printing of the election returns.
In the members from those enumerated Upon completion of the canvass, it
event of non-availability, absence, above. shall
disqualification or incapacity,
substitute print the certificate of canvass of
.members are the following, in the VIII.B. PROHIBITIONS ON votes for president, vice president,
order named: Provincial Auditor, MEMBERS OF THE BOARD senators
Register of and members of the House of
Deeds, Clerk of Court nominated by 1. No member of the Board shall be Representatives and elective
the Executive Judge, arid any other related within the 4th civil degree by provincial officials,
available appointive provincial official. consanguinity or affinity to any of the and thereafter proclaim the elected
2. City: The city election registrar or candidates whose votes will be city or municipal officials, as the case
a lawyer of the Commission, as canvassed by the Board, or to any may
chairman, the city prosecutor as vice member of the Board. be.
chairman, and the city 2. During the period beginning 1. The city board of canvassers of
superintendent of election day until-proclamation of cities comprising one or more
schools as member. Substitute winning legislative
[Link] officials in the city candidates, no member of the Board districts shall canvass the votes for
corresponding shall be transferred, assigned or president, vice president, senators,
to the substitutes in the provincial detailed members of the House of
board of canvassers. outside of his official station without Representatives and elective city
3. Municipal: The election registrar or the prior authority of the Commission. officials by
a representative of the Commission consolidating the certificates of
as chairman, the municipal treasurer C. CANVASSING BY PROVINCIAL, canvass electronically transmitted or
as vice chairman, and the most CITY, DISTRICT AND MUNICIPAL the
senior BOARDS OF
results contained in the data storage area shall have a municipal board of canvassers for senators and party list
devices used in the printing of the canvassers which shall carvass the representatives and to the Congress
election votes as
returns. Upon completion of the for president x x x Upon completion
canvass, the board shall prepare the of the canvass, 1t st")all prep-are the · the National Board of Canvassers for
certificate of canvass of votes for certificate of canvass of votes for president and vice president, directed
president, vfce president and president, x x x and thereqfter to
senators and, proclaim the ihe President of the Senate.
thereafter, proclaim the elected elected municipal officials. / 7. The Commission shall adopt
members of the House of 4. The district board of canvassers of adequate ancr effective measures to
Representatives and each legislati/4, district comprising preserve the integrity of the
city officials. two municipalities in the Metro Manila certificates of canvass transmitted
2. In the Metro Manila area, each area sh~a·n-vass the votes for electronically
municipality comprising a legislative president, xx x Upon completion of • and the results in the storage
district shall have a district board of the canva~shall prepare the devices at the various levels of the
canvassers which shall canvass the certificates boards of
votes of canvass of votes for president x x canvassers.
for president, vice president, senators, x arid thereafter proclaim the elected 8. The certificates of canvass
members of the House of. members of the House of transmitted electronically and
Representatives and elective Representatives in the legislative digitally signed
municipal officials by consolidating district. : shall be considered as official
the . 5. The municipal, city, district and election results and shall be used as
electronically transmitted results or provincial certificates of canvass shall the basis
the results contained in the data each be supported by a statement of · for .the proclamation of a winning
storage '.:. votes. candidate [Sec. 25, R.A. 8436, as
devices used in the printing of 6. Within one hour after the amended
election returns. Upon completion of canvassing, the Chairman of the byR.A. 9369].
the district or
canvass, it shall produce the provincial Board of Canvassers or the D. National Board of Canvassers
certificate of canvass of votes for city board of canvassers of those for Senators and Party-List
president, vice cities Representatives. The chairman and
president, and senators and which comprise one or more members of the Commission on
thereafter, proclaim the elected legislative districts shall electronically Elections sitting en bane, shall
members of the transmit the compose the national board of
House of Representatives and certificate of canvass to the canvassers for
municipal officials. Commission sitting as the national senators and party-list
3. Each component municipality in a board of representatives. It shall canvass the
legislative district in t~~ Metro Manila results by
consolidating the certificates of canvass all the results for president H. Manual Elections: Procedure
canvass electronically transmitted. and vice. president, and thereafter, for Canvass and Proclamation.
Thereafter, proclaim the winning candidates [Sec. Read
the national board shall proclaim the 28, R.A. 8436, as amended by R.A. Sec. 25, RA 6646; Secs.28-30, R.A
winning candidates for senator and 9369}. 7166; Secs. 225,232, B.P.881.
partylist
representatives [Sec. R.A. 8436, as F. Authentication of Electronically
amended by R.A. 9369}. Transmitted Election Results.
The
E. Congress as the National Board manner of determining the
of Canvassers for President and authenticity and due execution of the
VicePresident. certificates
The Senate and the House of shall conforr·, with the provisions or
Representatives in joint public. RA 7166, as may be supplemented or
session shall compose the national modified by the provisions of this Act,
board of canvassers for president and and where applicab(e, by appropriate
vicepresident. authemicatio:, an:.:: certification
The certificates of canvass for procedures for electronic signatures
president [Link] vice president duly as
certified by the board of canvassers providec in •O:A 8792, as weil as the
of each province or city; shall be rules promulgated by the Supreme
electronically transmitted to the Court
Congress, addressed to the pursuant thereto [Sec. 30, R.A. 8436,
pre~1dent of the as amended by R.A. 9369].
Senate. Upon receipt of the
certificates of canvass, the ~resident G. Duty of the Board of
of the Canvassers. A canvassing board
Senate shall not later than 30 days performs a purely
after the day of the election, open all ministerial [Link] of compiling
the and adding the results as they appear
certificates i~ the presence of the in
Senate and the House of the returns transmitted to it [Guiao v.
Representatives COMELEC, 137 SCRA 366].Canvass
· in joint public session, and the proceedings are administrative and
Congre~s, upon determin~tion of the summary in nature.
. authenticity and the due execution
thereof 1n the manner provided by
law,
IX. PRE-PROCLAMATION amended by R.A. 9369}.
CONTROVERESY 1. Contested composition or
proceedings of the Board; Period to
A. Pre-proclamation cases in Appeal;
election for President, Vice Decision by Commission. - Parties
President, adversely affected by a ruling of the
Senator and Member of the House board
of Representatives. - For purposes of canvassers on questions affecting
of the composition or proceedings of the
the election foi" president, vice board may appeal the matter to the
president, senator and member of the Commission within 3 days from a
House of ruling
Representatives, no pre-proclamation thereon. The Commission shall
cases shall be allowed on matters summarily decide the case within 5
relating to the preparation, days from
transmission, receipt, custody and the filing thereof {Sec. 19, R.A.
appreciation of 7166].
election returns or certificates of
canvass, as the case may be, except
as
provided in Section 30 hereof.
However, this does not preclude the
authority
of the appropriate canvassing body,
motu proprio, or upon written
complaint of
an interested person, to correct
manifest errors in the certificate of
canvass or
l election return before it Questions
affecting the composition or
proceedings
of the Board of Canvassers may be
initiated in the board or directly with
the
Commission in accordance with
Section 19 hereof [Sec. 15, R.A. 7166,
as
X. ELECTION CONTESTS officials may be appealed to the incomplete payment of the two
COMELEC within 5 days from appeal fees is no longer excusable
A. Jurisdiction over Election promulgation [Nollen v.
Contests or receipt of a copy thereof by the COMELEC, GR. No. 187635, January
1. Original and exclusive: adverse party. x x x A motion for 11, 201 OJ.
(a] PresidenUVice President ... reconsideration is a prohibited
Supreme Court/Presidential pleading and does not interrupt the fii] But the COMELEC cannot deprive
Electoral Tribunal running of · the RTC of its competence
[b] Senator .. .. . .. . . . .. .. .. .. . .. . the 5-day period for appeal [Veloria v. to order the execution of its decision
Senate Electoral Tribunal COMELEC, 243 SCRA 502]. . pending appeal, this being a judicial
(c] Representative ............... HoR [ia] The rules on the timely perfection prerogative and there being no law
Electoral Tribunal of an appeal in an disauthorizing the same {Garcia v.
[d] Regional/Provincial/City .... election case requires two different De
COMELEC appeal fees; one to be paid to the Jesus, 206 SCRA 779; Malaluan v.
[e] Municipal .. . .. .. .. . .. .... . .. . trial court COMELEC, 254 SCRA 397]. The grant
Regional Trial Court together with the filing of the notice of
[t] Barangay .. . .. .. .. .. .. . .. . .. . of appeal, and the other to be paid to the motion is dependent on the public
Municipal/Metropolitan Trial Court the interest involved, the shortness of the
2. Appellate COMELEC Cash Division within the remaining portion of the term, and
[a] From decisions of the RTC and 15-day period from the filing of the the length of time that the protest
MTC/MeTC/MTCC, appeal shall notice had been
be made exclusively to the COMELEC, of appeal [Lloren v. COMELEC, GR. pending [Navarosa v. COMELEC, G.R.
whose decision shall be final. No. 196355, September 18, 2012}. No. 157957, September 18, 2003].
executory and [Link]. The The motion should be flied before the
However, in Galido v. COMELEC, 193 ruling in Divinagracia v. COMELEC expiration of the period for appeal
SCRA [July 27, 2009), stressed that if the [Relampagos v. Cumba, 243 SCRA
78, it was held that the COMELEC appellants had already paid 690).
decision on appeal does not preclude PhP1 ,000 to the lower court within [iia] The reason why such execution
a the 5-day is allowed in election
recourse to the Supreme Court, by reglementary period, they are further cases is "to give as much recognition
way of a special civil action of required to pay the COMELEC, to the worth of the trial judge's
certiorari, on through decision
the ground of grave abuse of the Cash Division, PhP3,200 within 15 as that which is initially ascribed by
discretion {Alvarez v. COMELEC, GR. days from the time of the filing of the the law to the proclamation of the
No. ~otice of appeal with the lower court board of
142527, March 1, 2001]. From July 27, 2009. non-payment or canvassers". Indeed, to deprive the
. . [i] The decision of the RTC in trial courts of their discretion to grant
election contests involving municipal
execution pending appeal would , and has not been repealed nor B. Actions which may be filed:
"bring back the ghost of the 'grab- amended by BP 881 [Relampagos v. 1. Election protest
theproclamation, Cumba, 2. Quo warranto
prolong-the-protest' techniques so 243 SCRA 690].
often resorted to by devious [b] From decisions of the COMELEC,
politicians in the past in their efforts appeal shall be made through a C. Election Protest
to perpetuate their hold on an Petition for Review on Certiorari 1 . Requisites:
elective under Rule 64, in relation to Rule 65 [a] Must be filed by a candidate who
public office" [Santos v. COMELEC, of the has filed a certificate of candidacy
G.R. No. 155618, March 26, 2003}. : Rules of Court, to be filed with the and has been voted upon for the
[iib) However, in Camlian v. Supreme Court within 30 days from same office.
COMELEC, 271 SCRA 757, it receipt [b] On grounds of fraud, terrorism,
. was held that the provision which of a copy of the decision, on the irregularities or illegal acts
allows execution pending appeal must ground of grave abuse of discretion committed before, during and after
be ' tantamount to lack or excess of the casting and counting of votes.
: strictly construed against the jurisdiction or violation of due process. [i] The purpose of an election protest
movant, as it is an exception to the [c] From a decision· of the Electoral is to ascertain whether the
general rule. Tribunal appeal shall be made candidate proclaimed by the board of
Following civil law jurisprudence, the through a Petition for Review on canvassers is the true and lawful
reasons allowing for immediate Certiorari under Rule 65 filed with the choice
execution Supreme Court within 30 days from of the electorate. The proceeding may
must be of such urgency as to rE:iceipt of a copy of the decision, on be instituted on the theory that the
outweigh the injury or damage of the the election returns, which are deemed
losing ground of grave abuse of discretion prima facie to be the true reports of
, party should such party secure a amounting to lack or excess of how
reversal of the judgment on appeal. jurisdiction, the electorate voted on election day
Absent or violation of due process. and which serve as the basis for the
such urgency, the order must be proclamation of the winning
stricken down as flawed with grave candidate, do not accurately reflect
abuse of the true will of ,
discretion. the voters due to alleged
.· · [iii] In the exercise of its exclusive irregularities which attended the
appellate jurisdiction, the counting of the
COMELEC has the power to issue ballots. In a protest prosecuted on
writs of prohibition, mandamus or such a theory, the protestant
certiorari, ordinarily
because the last paragraph of Sec. 50,
B.P. 696 is still in full force and effect,
prays that the official count as ballots have been preserved with a [iib] When the ballots are unavailable
reflected in the election returns be care which precludes the opportunity or cannot be produced,
set aside in of then recourse can be made to
favor of a revision and recount of the tampering and all suspicion of change, untampered and unaltered election
ballots, the results of which should be abstraction or substitution; (b) the returns or
made to prevail over those reflected burden of proving that the integrity of other election documents as evidence
in the returns pursuant to the the ballots has been preserved is on {Serna v. HRET, G.R. No. 190734,
doctrine that the March 26, 2010].
"in an election contest where what is · protestant; (c} where a mode of [iii] In automated elections, the
involved is the number of votes of preserving the ballot is enjoined by picture images of the ballots, as
each law, proof scanned and recorded by the PCOS,
candidate, the best and the most must be made of such substantial are likewise "official ballots" that
conclusive evidence are the ballots compliance with the requirements of faithfully
themselves" {Rosal v. COMELEC, G.R. the capture in electronic form the votes
No. 168253, March 16, 2007]. mode as would provide assurance cast by the voter, as defined by Sec.
[ii] However, the superior status of that the ballots have been kept 2(3}
the ballots as evidence of how inviolate of RA 9369. As such, the printouts
the electorate voted presupposes that notwithstanding slight deviations thereof are the functional equivalent
these were the very same ballots from the precise mode of achieving of
actually cast and counted in the that end; the paper ballots filled out by the
elections. Thus, it has been held that (d) it is only when the protestant has voters and, thus, may be used for
before shown substantial compliance with purposes
the ballots found in a box can be the of revision of votes in an election
used to set aside the returns, the provisions of law on the preservation protest [Vinzons-Chato v. HRET, G.R.
court must ' of the ballots that the burden of No.
be sure that it has before it the same proving 199149, January 22, 2013]. In Mayor
ballots deposited by the voters {Rosal actual tampering or the likelihood Emmanuel Maliksi v. COMELEC, G.R.
v. thereof shifts to the protestee; and (e) No. 203302, March 12, 2013, the
COMELEC, supra.]. . only Supreme Court reiterated that the
[iia] Thus, in this case, the Supreme if it appears to the satisfaction of the ballot
Court laid down the court that the integrity of the ballots images in the compact flash (CF)
following guidelines: (a) the ballots has cards, as well as the printouts of such
cannot be used to overturn the been preserved should it adopt the images, are the functional equivalent
official count result as shown by the recount and of the official ballots filled up by the
as reflected in the election returns not as voters, and may be used in an
unless it is first shown affirmatively reflected in the returns [Rosal v. election protest. Both are original
that the COMELEC, supra.}; documents
and carry the same evidentiary candidates affected if the correction requirement of non-forum shopping,
weight as the official physical ballot. sought is such that it can be done in the interest of justice and speedy
[iiia] However, despite the equal without · resolution of cases.
probative weight accorded the need of opening the ballot box 3. The requirement under Supreme
the official ballots and the printouts of [Ceron v. COMELEC, G.R. No. 199084, Court Circular No. 04-94 for a
their picture images, it does not September 11, 2012], Certification of Absence of Forum-
authorize [vi] As a rule, the filing of an election Shopping applies to election cases
the COMELEC and the Electoral protest or quo warranto {Loyola
Tribunals to quickly and unilaterally precludes the subsequent filing of a v. Court of Appeals, 245 SCRA 477].
resort to pre-proclamation controversy or 4. Death of protestant. The death of
the printouts of the picture images of amounts the protestant does not extinguish an
the ballots in the proceedings had to an abandonment of one earlier election protest. In De Castro v.
before filed {Laodeno v. COMELEC, 276 COMELEC, 267 SCRA 806, it was held
them without notice to the parties. SCRA that
Without such notice, there will be a 706}, But this rule admits of the an election protest is imbued with
violation following exceptions: (a) the Board of public interest which raises it onto a
of the party's right to due process Canvassers was improperly plane
which cannot be brushed aside by the constituted; (b) Quo warranto is not over and above ordinary civil actions,
invocation that the said party was the proper because it involves not only the
at:i'le to file, after all, a motion for remedy; (c) what was filed was not adjudication of the private interests
reconsideration [Mayor Emmanuel really an election protest or quo of the rival candidates but also the
Maliksi v. COMELEC, G.R. No. 203302, warranto paramount need of dispelling once
April 11, 2013] but a petition to annul proclamation; and for all the uncertainty that
(d) the filing of an election contest beclouds the
[iv] An order regarding the revision of was real choice of the electorate with
ballots is an interlocutory order expressly made without prejudice to respect to who shall discharge the
because it still requires a party to the pre-proclamation controversy or prerogatives of the office within their
perform certain acts leading to the was gift. In this case, it was held that the
final made ad cautelam; or (e) the Vice
adjudication of the case {Bu/aong v. proclamation was null and void Mayor-elect has the status of a real
COMELEC, 220 SCRA 745]. [Dumayas v. party in interest in the continuation of
[v] In correcting an erroneous entry, COMELEC, G.R. No. 141952, April 20, the
the COMELEC need not order 2001]. proceedings.
the opening of the ballot box for the · [c] Within ten days from [i] The period for filing an election
purpose of recounting the votes of proclamation of the results of the protest is suspended by the
the election. pendency of a pre-proclamation
Su/Ji·age and Election Laws 687 contest {Gatchalian v. COMELEC, 245
SCRA
208]. court together with the filing of the SCRA 275; Marquez v. COMELEC, G.R.
[a] In Poe v. Gloria Macapagal Arroyo, notice of appeal, and the other to be No. 112889, April 18, 1995;
PET Case No. 002, March 25, paid to Rodriguez v. COMELEC, G.R. No.
2009, the Supreme Court said that if the COMELEC Cash Division within 120099, July 24, 1995.
persons not real parties in the action the 15-day period from the filing of
could the 3. Distinctions between Quo
be allowed to intervene, proceedings notice of appeal [L/oren v. COMELEC, Warranto in elective and in
will be unnecessarily complicated, . G.R. No. 196355, September 18, appointive
expensive and interminable --- and 2012]. offices:
this is not the policy of the law. [a] For failure of the protestant to [a] In an elective office, the issue is
Inasmuch pay the basic docket fee, the protest eligibility of the officer-elect; the
as no real parties such as the vice- should be dismissed [Gatchalian v. court or tribunal cannot declare the
presidential aspirants in the 2004 COMELEC, supra.]. However, in protestant or the candidate who
elections Jaramilla obtained
· have come forward to intervene, or v. COMELEC, GR. No. 155717, the 2nd highest number of votes as
to be substituted for the deceased October 23, 2003, the Supreme CoUti having been elected. This is true
' protestant, it is far more prudent to said unless the
abide by the existing and strict that the COMELEC is not constrained certificate of candidacy is cancelled,
limitations to dismis_s a case before it by reason the candidate deemed not to have
on intervention and substitution of filed a
under the law and the rules. non-payment of filing fees. The Court valid CoC at all, and thus, was never
[ii] A one-day delay in the filing of also said that the COMELEC has the a candidate. In such a case votes cast
the Preliminary Conference Brief . ; authority to suspend the in his favor would be considered stray,
does not justify the outright dismissal reglementary periods provided in its and the candidate who obtained the
of an electoral protest based on rules, or the 2nd
technical highest number of votes would be
grounds, where there is no indication D. Quo warranto proclaimed [Maquiling v. COMELEC,
of intent to violate the rules, and the 1. Requisites: supra.}.
reason for the delay is justifiable [a] Filed by any registered voter in [bl In an appointive office, the issue
[Salvador Violago v. COMELEC, G.R. the constituency; is the_ legality of the appointment;
No. [b] On grounds of ineligibility or the court determines who of the
194143, October 4, 2011]. disloyalty to the Republic of the parties has legal title to the office.
2. Payment of docket fees. The rules Philippines;
on timely perfection of an appeal in [c] Within ten days from proclamation E. Award of Damages. Actual or
an election case requires two of the results of the election. compensatory damages may be
different appeal one to be paid in the 2. Cases: granted in
trial [a] Sampayan v. Daza, 213 SCRA
807; Frivaldo v. COMELEC, 174
all election contests or quo warranto
proceedings in accordance with law
[Sec. ,
259, B.P. 881}.
1. But in Malaluan v. COMELEC, 254
SCRA 397], the award of damages .•:
was reversed by the Supreme Court
saying that the criterion for a
justifiable
award of election expenses and
salaries and emoluments remains to
be the
existence of pertinent breach of
obligations arising from contracts or
quasi- .
contracts, tortuous acts or crimes or
a specific legal provision authorizing
the '
money claim in the context of
election cases. If any damage had
been suffered
by private respondent due to the
execution of judgment pending
appeal, that
damage may be said to be equivalent
to damnum absque injuria.
XI. ELECTION OFFENSES [f] Transfer or detail of government the transfer was effected one day
official/employee With COMELEC before the. COMELEC issued
A. Enumeration of election approval. To prove violation, two Resolution No.
offenses. See Sec. 261, B.P. 881. elements must concur, namely: (i) 2333, which prescribed the procedure
1. Some prohibited acts under Sec. The for obtaining COMELEC approval for
261, B.P. 881: transfer or detail is done within the such transfer or detail.
689 election perior, as fixed by the 2. Electoral sabotage. The following
[a] Vote buying and vote selling. In COMELEC; shall be guilty of an election offense
People v. Ferrer, 54 O.G. 1348, it and (ii) The transfer or detail was or a special election offense to be
was held that the distribution of made without prior approval of the known as electoral sabotage:
cigarettes to people who attended a [Link]. [a] Any person or member of the
political [i] In Causing v. COMELEC, G.R. No. board of election inspectors or board
meeting falls within the context of the 199139, September 9, of canvassers who tampers, increases
prohibition. 2014, the Supreme Court held that or decreases the votes received by a
[bJ Wagering upon the result of the the mere physical transfer of the candidate in any election, or any
election. Any money or thing of employee's office area from its old member of the board who refuses
value put up as a bet or wager shall location to the Office of the Mayor after proper
be forfeited in favour of the "some verification and hearing, to credit the
Government. ' little steps" away, did not constitute correct votes or deduct such
[c] Threats, intimidation, terrorism, a violation of this provision. tampered
use of fraudulent device or other "Transfer" and votes; Provided, however, that when
forms of coercion. "detail" must be understood in their the tampering, increase or decrease
[d] 8Qpointment of new employee technical and legal meanings, and the of
(except in case of urgent need, with petitioner's argument that the votes or the refusal to credit the
notice given to the COMELEC within 3 prohibition encompassed "any and all correct votes and/or deduct tampered
days from the appointment), creation kinds _and votes
of new positions, promotion or manner of personnel movement" is are perpetrated on a large scale or in
granting salary increases. unacceptable. · substantial numbers, the same shall
[e] Carrying of deadly weapon within OUTLINE I REVIEWER IN POLITICAL be
a radius of 100 meters from the LAW considered not as an ordinary
Qrecinct. In Orceo v. COMELEC, G.R. [ii] In People v. Reyes, 247 SCRA 328, election offense under Sec. 261, B.P.
No. 190779, March 26, 2010, the it was held that the 881, but
Supreme Court upheld the validity of . transfer or detail of a government a special election offense to be known
the COMELEC rule that declared officer or employee will not be as electoral sabotage and the penalty
airguns penalized if to be imposed shall be life
included in the list of deadly weapons, done to promote efficiency in the imprisonment. < The act or offense
although replicas or imitations of the government service. In this case, committed shall
same are not. however,
fall under the category of electoral and/or decrease, or refusal to credit Constitution, the COMELEC has
sabotage in any of the following correct votes or deduct tampered exclusive jurisdiction to "investigate,
instances: votes and
[i] When the tampering, increase EXCEED FIVE THOUSAND (5,000) where appropriate, prosecute cases
and/or decrease of votes VOTES, and that the same adversely of violations of election laws,
perpetrated or the refusal to credit affects the true results of the election; including
the correct votes or to deduct [iii] Any and all forms of tampering, acts or omissions constituting election
tampered increase and/or decrease of fraud, offenses and malpractices".
votes, is/are committed in the votes perpetrated, or in cases of But
election of a national elective office refusal to credit the correct votes or it may validly delegate the power to
which is deduct the Provincial Prosecutor.
voted upon nationwide and the the tampered votes, where the total [a] However, in Barangay Association
tampering, increase and/or decrease votes involved EXCEED TEN for National Advancement and
in votes, THOUSAND ' Transparency (BANA T) v. COMELEC,
refusal to credit the correct votes or (10,000) VOTES; G.R. No. 177508, August 7, 2009, the
to deduct tampered votes, shall PROVIDED, finally, that any and all Supreme Court said that the phrase
adversely other persons or individuals "where appropriate" leaves to the
affect the results of the election to determined to legislature the power to determine
the said national office to the extent be in conspiracy or in connivance with the kind of eiection offenses that the
that the members of the BEls or BOCs ' COMELEC shall prosecute exclusively.
losing candidate/sis/are made to involved, shall be meted the same Accordingly, Sec. 43, RA 9369,
appear the winners. penalty of life imprisonment. which provides that COMELEC shall
[ii] Regardless of the elective office OU1L\Nt ! Rl::\/\1::WtR IN POUilCI\L have concurrent power to conduct
involved, when the LI\W preliminary investigation with other
tampering, increase and/or decrease Suf(l-age und Election La1,.s 691 prosecution arms of government,
of votes committed or the refusal to B. Good faith is not a defense. over
credit Election offenses are generally ma/a · violations of this law, does not
the correct votes or to deduct prohibita. Proof of criminal intent is violate the Constitution.
tampered votes perpetrated is not necessary; good faith, ignorance [b] Thus, in Jose Miguel Arroyo v.
accomplish in a or Department of Justice, G.R. No.
single election document or in the lack of malice is not a defense: the 199082, July 23, 2013, the Supreme
transposition of the figure/results commission of the prohibited act is Court held that the creation of a Joint
from one sufficient Panel to investigate the alleged
election document to another, and C. Jurisdiction over election offenses. commission of election fraud, and the
involved in the said tampering, 1. Investigation and prosecution. grant
increase Under Sec. 2 (6), Art. IX-C, Philippine thereto of concurrent jurisdiction wih
the COMELEC over the offense, did
not
violate the mandate of the COMELEC. commission for the offenses
Notwithstanding the grant of enumerated in Sec. 261, B.P. 881.
concurrent jurisdiction, the COMELEC
and DOJ nevertheless included a
· provision in the assailed Joint Order
that the resolutions of the Joint
Committee
finding probable cause for. election
offenses shall still be approved by the
COMELEC in accordance with the
COMELEC Rules of Procedure. Thus,
the
.creation of the Joint Committee was
not an abdication of the
independence of
the COMELEC, as enshrined in the
1987 Constitution.
2. Trial and decision. The Regional
Trial Court has exclusive original ·
jurisdiction to try and decide any
criminal action or proceeding for
violation of
election laws.
D. Preferential disposition of election
offenses [ Sec. 269, B.P. 881]
1. Investigation and prosecution of
election offices shall be given priority
by
the COMELEC.
2. The courts shall, likewise, give
preference to election offenses over
other ,,
cases, except petitions for a writ of
habeas corpus. Cases shall be
decided
within 30 days from submission.
E. Prescriptive period for election
offenses. Five years from date of