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ELECTION LAWS RIGHT OF SUFFRAGE - right to vote in election of officers chosen by people and in the determination of questions submitted to people. It includes: 1. Election - embodiment of the popular will, the expression of the sovereign power of the people. Kinds: 1. Regular election – refers to an election participated in by those who possess the right of suffrage and not disqualified by law and who are registered voters a. National Election: for President and Vice-President, every 6 years, and for Senators, every 3 years from the 2 nd Monday of May 1992 b. Local Elections: for Members of House of Representatives, Party List Representatives and Provincial, City and Municipal Officials, every 3 years from the 2 nd Monday of May 1992 c. Barangay Elections: every 3 years after July 2002 to be held on the last Monday of October, synchronized with the SK elections d. ARMM Elections: for Regional Governor, Regional Vice-Governor, and Regional Assemblymen for the Autonomous Region in Muslim Mindanao (ARMM) every three (3) years from March 1993 e. Sangguniang Kabataan (SK) Elections: every 3 years after July 2002 to be held on the last Monday of October, synchronized with the barangay elections 2. Special election – when there is a failure of election on the scheduled date of regular election in a particular place or which is conducted to fill up certain vacancies, as provided by law. a. Plebiscite - electoral process by which an initiative on the Constitution is approved or rejected by the people b. Initiative - power of the people to propose amendments to the Constitution or to propose and enact legislations through election called for the purpose. Classes: 1. Initiative on the Constitution 2. Initiative on Statutes 3. Initiative on Local Legislation c. Referendum - power of the electorate to approve or reject a piece of legislation through an election called for the purpose Classes: 1. Referendum on Statutes 2. Referendum on Local Laws

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Page 1: Election Laws

Assoc. Dean R.R.S. QUILALA

ELECTION LAWS RIGHT OF SUFFRAGE - right to vote in election of officers chosen by people and in the determination of questions submitted to people. It includes:

1. Election - embodiment of the popular will, the expression of the sovereign power of the people.

Kinds:

1. Regular election – refers to an election participated in by those who possess the right of suffrage and not disqualified by law and who are registered voters

a. National Election: for President and Vice-President, every 6 years, and for Senators, every 3 years

• from the 2nd Monday of May 1992 b. Local Elections: for Members of House of Representatives, Party List

Representatives and Provincial, City and Municipal Officials, • every 3 years from the 2nd Monday of May 1992

c. Barangay Elections: every 3 years after July 2002 to be held on the last Monday of October, synchronized with the SK elections

d. ARMM Elections: for Regional Governor, Regional Vice-Governor, and Regional Assemblymen for the Autonomous Region in Muslim Mindanao (ARMM)

• every three (3) years from March 1993 e. Sangguniang Kabataan (SK) Elections: every 3 years after July 2002 to

be held on the last Monday of October, synchronized with the barangay elections

2. Special election – when there is a failure of election on the scheduled

date of regular election in a particular place or which is conducted to fill up certain vacancies, as provided by law.

a. Plebiscite - electoral process by which an initiative on the Constitution is approved or rejected by the people

b. Initiative - power of the people to propose amendments to the Constitution or to propose and enact legislations through election called for the purpose.

Classes: 1. Initiative on the Constitution 2. Initiative on Statutes 3. Initiative on Local Legislation

c. Referendum - power of the electorate to approve or reject a piece of legislation through an election called for the purpose

Classes: 1. Referendum on Statutes 2. Referendum on Local Laws

d. Recall – mode of removal of an elective public officer by the people before the end of his term of office

Components

• Choice or selection of candidates to public office by popular vote • Conduct of the polls • Listing of voters

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• Holding of electoral campaign • Act of casting and receiving the ballots from the voters • Counting the ballots • Making election returns • Proclaiming the winning candidates

Commission on Elections (COMELEC)

- The COMELEC is an independent constitutional body charged with the exclusive power to administer and enforce all laws and regulations relative to the conduct of elections and other political exercises, such as plebiscites, initiatives, referenda and recalls.

The periodic political exercises give meaning to the declaration in the Constitution that, “sovereignty resides in the people and all government authority emanates from them.”

Powers and Functions:

1. Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.

2. Exercise - exclusive original jurisdiction all contests relating to the elections, returns,

and qualifications of all elective provincial, city officials; - appellate jurisdiction over all contests involving:

• Elective municipal officials decided by the trial courts of genertal jurisdiction

• Elective barangay officials decided buy the trial courts of limited jurisdiction Decisions, final orders, or rulings of the COMELEC on election

contests involving elective municipal and barangay offices shall be final and executory, and not appealable.

3. Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places appointment of election officials and inspectors, and registration of voters.

4. Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the government, including the AFP for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.

5. Registration of political parties, organization, or coalition/accreditation of citizens’ arms of the COMELEC.

6. File, upon a verified complaint, or on its own initiative, petitions in court for the inclusion or exclusion of voters, investigate and where appropriate, prosecute cases for violations of election laws, including acts or omissions constituting election frauds, offenses and malpractices.

7. Recommend to Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.

8. Recommend to the President the removal of any officer or employee it has

deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to it.

9. Submit to the President and Congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.

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POLITICAL PARTY - A Political Party is any organized group of citizens advocating an ideology or

platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidate in public office.

To acquire juridical personality and to entitle it to rights and privileges granted to political parties, it must be registered with COMELEC.

Party-list System Act (RA 7941) Purpose : To promote proportional representation in the election of representatives to the House of Representatives, which will enable Filipino citizens belonging to the marginalized and underrepresented sectors, organizations and parties, and who lack well-defined political constituencies but who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole to become members of the House of Representatives. Party-list system – mechanism of proportional representation in the election of representatives to House of Representatives from national, regional and sectoral parties or organizations or coalitions thereof registered with the COMELEC Number of Party-list Representatives:

- constitute 20% of the total number of the members of the House of Representatives including those under the party-list.

- parties, organizations, and coalitions receiving at least 2% of the total votes cast for the party-list system shall be entitled to 1 seat each.

• those garnering more than 2% of the votes shall be entitled to additional seats in proportion to their total number of votes

• each party, organization, or coalition shall be entitled to not more than 3 seats

Guidelines for screening party-list participants

1. The political party, sector, organization or coalition must represent the marginalized and underrepresented groups. Majority of its membership should belong to the marginalized and underrepresented

2. Major political parties are allowed by the Constitution and RA 7941 to become party-list representatives provided they represent the interest of the marginalized and the underrepresented

3. Religious sector may not be represented in the party-list system, except that priests, imam or pastors may be elected if they represent not their religious sect but the indigenous community/sector.

4. A party or organization must not be disqualified. Grounds for disqualification:

a. it is a religious sect or denomination, organization or association organized for religious purposes

b. it advocated violence or unlawful means to seek its goals c. it is a foreign party or organization d. it is receiving support from any foreign government , political party.

Foundation, organization, whether directly or through 3rd parties for partisan election purposes

e. it violates or fails to comply with laws, rules or regulations relating to elections

f. it declares untruthful statements in its petition g. it has ceased to exist for at least 1 year

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h. it fails to participate in the last 2 preceding elections or fails to obtain at least 2% of the votes cast under the party-lies system for the constituency in which it has registered

5. The party or organization must not be an adjunct of or a project organized or an entity funded or assisted by the government.

6. The party, including its nominees must comply with the qualification requirements. Qualifications of Party-list Nominees:

a. natural born Filipino b. registered voter c. resident of the Philippines for a period of not less than 1 year

immediately preceding the day of election d. able to read and write e. bona fide member of the party/organization which he seeks to

represent for at least 90 days preceding the day of the election f. at least 25 years of age on the day of the election; in case he is a

nominee of the youth sector, he must be at least 25 years but not more than 30 years of age on the day of election

7. Not only must the candidate party or organization represent the marginalized and underrepresented sectors, so must its nominees

8. While lacking the well-defined political constituency, the nominee must likewise be able to contribute to the formation and enactment of appropriate legislation that will benefit the nation as a whole.

VOTERS Qualifications

• Filipino citizen • At least 18 years old on election day • Resident of the Philippines for at least one year immediately before the

election • Resident of the city/municipality wherein he proposes to vote for at least 6

months immediately preceding the election • Not otherwise disqualified by law

Disqualifications Grounds

1. Sentence by final judgment to suffer imprisonment for not less than 1 year, unless pardoned or granted amnesty, but rights reacquired upon expiration of 5 years after service of sentence

2. Conviction by final judgment of any of the following crimes: • Crime involving disloyalty to the government, such as rebellion or

sedition • Firearms laws • Crime against national security But right is reacquired upon expiration of 5 years after service of sentence

3. Insanity or incompetence declared by competent authority REGISTRATION - Registration refers to the act of accomplishing and filing of a sworn application for registration by a qualified voter before the election officer of the city or municipality wherein he resides and including the same in the book of registered voters upon approval by the Election Registration Board.

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Voter’s Registration Act of 1996 (RA 8189) Continuing Registration

Every day except 120 days before a regular election and 90 days before election day.(Sec 8, RA 8189)

Petition for Inclusion (Sec 34, RA 8189) and Exclusion (Sec 35, RA 8189) of Voters in the List

1. Jurisdiction a. MTC – original and exclusive jurisdiction b. RTC – appellate jurisdiction c. SC – appellate jurisdiction over RTC on question of law

2. Petitioner a. Inclusion

• Private person whose application was disapproved by the Election Registration Board or whose name was stricken out from the list of voters

• COMELEC b. Exclusion

• Any registered voter in city or municipality • Representative of political party • Election officer • COMELEC

3. Period of Filing a. Inclusion – any day except 105 days before regular election or 75 days

before a special election b. Exclusion – any time except 100 days before a regular election or 65

days before a special election Annulment of Book of Voters

1. Upon verified complaint of any voter, election officer or registered political party or motu proprio, the COMELEC may annul a list of voters which was not prepared in accordance with RA 8189 or whose preparation was affected with fraud, bribery, forgery, impersonation, intimidation, force or other similar irregularity or is statistically improbable.

2. No list of voters shall be annulled within 90 days before an election. Overseas Absentee Voting Act of 2003 (RA 9189) Absentee Voting – process by which qualified citizens of the Philippines abroad exercise their right to vote (Sec 3a) Overseas Absentee Voter – citizen of the Philippines who is qualified to register and vote under this Act, not otherwise disqualified by law, who is abroad on the day of election Coverage: All citizens of the Philippines abroad, who are not otherwise disqualified by law at least 18 years of age on the day of elections, may vote for president, vice president, senators and party lest representatives. (Sec 4) Disqualifications

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1. Those who have lost their Filipino citizenship in accordance with Philippine laws.

2. Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country.

3. Those who have committed and are convicted in a final judgment by a court or tribunal of an offense punishable by imprisonment of not less than 1 year, including those who have committed and been found guilty of disloyalty, such disability not having been removed by plenary pardon or amnesty. Provided however, that any person disqualified to vote under this subsection shall automatically acquire the right to vote upon expiration of 5 years after service of sentence

4. An immigrant or a permanent resident who is recognized as such in the host country, unless he/she executes, upon registration, an affidavit for the purpose by the COMELEC declaring that he/she shall resume actual physical permanent residence not later than 3 years from approval of his/her registration. Such affidavit shall also state that he/she has not applied for citizenship in another country

5. Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad, as verified by Philippine embassies, consulate or foreign service establishment concerned

Requirements for registration

• Valid passport • Accomplished registration form containing the following information:

a. last known residence of the applicant in the Philippines before leaving for abroad

b. address of applicant abroad or forwarding address in the case of seafarers

c. where voting by mail is allowed the applicant’s mailing address outside the Philippines

d. name and address of applicant’s authorized representative in the Philippines

• In case of immigrants and permanent residents not otherwise disqualified to vote, an affidavit declaring the intention to resume actual physical permanent residence in the Philippines not later than 3 years after approval of his/her registration

CANDIDATES Disqualified Candidates

Under OEC 1. Any person declared by competent authority as insane or incompetent 2. Any person sentenced by final judgment for any of the following

offenses • insurrection or rebellion • offense for which he was sentenced to penalty of more than 18

months • crime involving moral turpitude

3. A permanent resident to or immigrant to a foreign country unless he waives such status (Omnibus Election Code, Sec 12, 68)

Removal of disqualification

• insanity or incompetence – declaration of removal of disqualification by competent authority

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• conviction – plenary pardon, amnesty, lapse of 5 years after service of sentence

Under LGC

1. Those sentenced by final judgment for an offense involving moral turpitude or an offense punishable by imprisonment for at least 1 year, within 2 years after service of sentence

2. Those removed from office as a result of an administrative case 3. Those convicted by final judgment for violating his oath of allegiance

to the Republic 4. Those with dual citizenship 5. Fugitives from justice in criminal or non-political cases 6. Permanent residents in foreign country or those who have the right to

reside abroad and continue to avail of it 7. The insane of feeble-minded

Under Revised Administrative Code

1. Ecclesiastics 2. Persons receiving compensation from provincial or municipal funds 3. Contractors for public works of the municipality

Certificate of Candidacy Rules on filing of certificate if candidacy

1. No person shall be elected into public office unless he files certificate of candidacy within the prescribed period

2. No person shall be eligible for more than one office. If he/she files for more than one position, he shall not be eligible for all unless he cancels all and retains one

3. The certificate of candidacy shall be filed by the candidate personally or by his duly authorized representative

4. Upon filing, an individual becomes a candidate, he is already covered by the rules restrictions and processes involving candidates.

Effects of Filing Certificate of Candidacy Candidates holding appointive office or positions shall be considered ipso facto resigned from his office.(Sec 66, OEC) Candidates holding elective office shall not be considered resigned from his office(Sec 14, RA 9006) Duty to receive certificate candidacy – ministerial duty of the COMELEC Death, Disqualification and Withdrawal

If after the last day for the filing of certificates of candidacy, an official candidate of a registered or accredited political party dies, withdraws or is disqualified for any cause, only a person belonging to, and certified by the same political party may file a certificate of candidacy to replace the candidate who died, withdrew or was disqualified. (Sec 77, OEC)

The concept of a substitute presupposes the existence of the person to substituted, for how can a person take the place of somebody who does not exist or who never was. The existence of a valid certificate of candidacy seasonably filed is a requisite sine qua non. (Miranda vs. Abaya, GR 136351, July 28, 1999)

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Nuisance Candidate (Sec 69, OEC) - They are candidates who have no bonafide intention to run for the office for which the certificate of candidacy has been filed and would thus prevent a faithful election

COMELEC may refuse to give due course to or cancel a certificate of candidacy of a nuisance candidate. This can be done motu proprio or upon verified petition of an interested party.

There should be a showing that:

• the certificate of candidacy has been filed to put the election process in mockery/dispute;

• the intent for filing is to cause confusion among the voters by the similarity of the names of the registered candidates; or

• there are other circumstances which clearly demonstrates that the candidate has no bona fide intention to run for the office.

Petition to Deny Due Course to or Cancel a Certificate of Candidacy (Sec 78, OEC)

- filed by the person exclusively on the ground that any material misrepresentation contained is false

- filed at any time not later than 25 days from time of filing of certificate of candidacy, and decided, after due notice and hearing, not later than 15 days before the election

Material misrepresentation contemplated by Sec 78, OEC refers to qualifications for elective office. Aside from that, false representation must consist of a deliberate attempt to mislead, misinform, or hide a fact which would otherwise render a candidate ineligible. It must be made with an intention to deceive the electorate as to one’s qualifications for public office. The use of a surname, when not intended to mislead or deceive the public as to one’s identity, is not within the scope of the provision. (Salcedo vs. COMELEC, GR 135886, Aug 16, 1999)

Lone Candidate Law (RA 8295) Upon expiration of the deadline for filing of certificate of candidacy in a special election called to fill a vacancy in an elective position other that for President and Vice-President, when there is only 1 qualified candidate for such position, the lone candidate shall be proclaimed elected to the position by proper proclaiming body of the COMELEC without holding the special election upon certification by the COMELEC that he is the only candidate for the office and is thereby deemed elected. CAMPAIGN Election and Campaign Periods (Sec 3, OEC)

Election Period - begins 90 days before the day of election and ends 30 days thereafter. - period of time with respect to a scheduled date of election when the conduct of certain political activities are regulated by election laws, and the violation of which constitute election offense subject to penalties Campaign period is:

• 90 days before the day of election for Presidential and Vice-Presidential Elections

• 45 days before the day of election for Senatorial, Congressional, Provincial and City/Municipal Elections

• 15 days before the day of election for Barangay Election • 45 days before the day of election for Special Elections

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- period of time within the election period specified by law when bona fide candidates can legally conduct campaign activities and other election propaganda in relation to the scheduled date of election

Fair Elections Act of 2001 (RA 9006) Lawful Election Propaganda

1. Written/printed materials which does not exceed 8 ½ inches x 14 inches 2. Handwritten/printed letters 3. Posters not exceeding 2x3 feet 4. Print ads

• ¼ page in broadsheets and ½ page for tabloids published thrice a week per newspaper during the campaign period

5. Broadcast ads on TV and radio • national positions 120 minutes for TV, 180 minutes for radio • local positions 60 minutes for TV , 90 minutes for radio

Prohibited campaign

1. Public exhibition of movie, cinematograph or documentary portraying the life or biography of a candidate during the campaign period;

2. Public exhibition of a movie, cinematograph or documentary portrayed by an actor or media personality who is himself the candidate;

3. Use of airtime for campaign of a media practitioner who is official of any party or a member of the campaign staff of a candidate or political party.

Limitation on Expenses

1. for candidates: • President and Vice-president – P10/voter • Other candidate, if with party – P3/voter • Other candidate, it without party – P5/voter

2. for political parties Statement of Contribution and Expenses Every candidate and treasurer of a political party shall within 30 days after the day of election, file with the COMELEC the full, true and itemized statement of all contribution and expenditures in connection with the election. Election Surveys Sec 5.4 of RA 9006, which prohibits publication of survey results 15 days immediately preceding a national election and 7 days before a local election, violates the constitutional rights of speech, expression and the press. Reasons:

1. It imposes a prior restraint on the freedom of expression 2. It is direct and total suppression of a category of expression even though such

suppression is only for a limited period 3. The government interest sought to be promoted can be achieved by means

other than the suppression of freedom of expression (Social Weather Station vs. COMELEC, GR 147571, May 5, 2001)

Substitution of Candidates - In case of valid substitution after the official ballots have been printed, the votes cast for the substituted candidates shall be considered as stray votes but shall not invalidate the whole ballot. This rule shall not apply if the substitute candidate is of the same family name. (Sec 12, RA 9006) CASTING OF VOTES

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Postponement of Election (Sec 5, OEC) Causes:

1. violence 2. terrorism 3. loss of destruction of election paraphernalia/records 4. force majeure 5. other analogous cases

COMELEC can postpone the election

a. motu proprio b. upon a verified petition by any interested party, after due notice

and hearing COMELEC shall call for the holding of the election on a date reasonably close to the date of the election not held, suspended or which resulted in a failure to elect but not later than 30 days after the cessation of the cause for such postponement or suspension of the election or failure to elect.

Failure of Election (Sec 6, OEC) Pre conditions for declaring failure of elections

1. No voting has been held in any precinct because of • Force majeure • Violence • Terrorism • Fraud • Other analogous cases

2. Votes not cast are sufficient to affect the results of the elections COMELEC shall call for the holding or continuation of the election not held, suspended or which resulted in a failure to elect on a date reasonably close to the date of the election not held, suspended or which resulted in a failure to elect but not later than 30 days after the cessation of the cause of such postponement or suspension of the election or failure to elect.

The causes for the declaration of a failure of election may occur before or after

the casting of votes or on the day of the election.(RA 7166, Synchronized National and Local Elections Act)

The postponement, declaration of failure of election and the calling of special

elections shall be decided by the Commission sitting en banc by a majority vote of its members. .(RA 7166, Synchronized National and Local Elections Act) COUNTING Rules for the appreciation of ballots (Sec 211. OEC)

1. A ballot in which the first name or surname of a candidate is written should be counted for him, if there is no other candidate with the same name.

2. If only the first name of a candidate is written and it sounds like the surname of another candidate, the vote shall be counted in favor of the latter.

3. If there are two or more candidates with the same name and one of them is incumbent, the vote shall be counted favor of the incumbent.

4. When two or more words are written on different lines which are the surnames of two or more candidates with the same surname for an office for which the law authorizes the election of more than one, the vote shall be counted in favor of all candidates, with the same surname.

5. When the word written is the first name of one candidate and the surname of another candidate, the vote shall be counted for the latter.

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6. If the ballot contains the first name of one candidate and the surname of another candidate, the vote shall not be counted for either.

7. An incorrectly written name which sounds like correctly written name of a candidate shall be counted in his favor.

8. If the word written is the identical name of two or more candidates for the same office none of whom is incumbent, the vote shall be counted in favor of the candidate who belongs to the same ticket as all the other candidates voted for in the ballot for the same constituency.

9. The erroneous initial of the first name accompanied by the correct surname of a candidate or the erroneous initial of the surname accompanied by the correct first name of a candidate shall not annul the vote in his favor.

10. A ballot in which the correct first name but wrong surname of a candidate is written or the correct surname but wrong first name of a candidate is written shall not be counted in his favor.

11. If two or more candidates were voted for in an office for which the law authorizes the election of only one, the vote shall not be counted in favor of any of them.

12. If the candidates voted for exceed the number of those to be elected, the votes for the candidates whose names were firstly written equal to the number of candidates to be elected should be counted.

13. Even if the name of a candidate was written on the wrong space, it should be counted if the intention to vote for him can be determined as when there is a complete list of names of candidates for other offices written below his name or the voter wrote the office for which he was elected the candidate.

CANVASSING Canvassing Bodies

1. Congress – President, Vice-president 2. COMELEC – Senators, Regional officials 3. Provincial Board of Canvassers (BOC) – Congressmen, Municipal officials 4. District BOC – Congressmen, Municipal officials 5. City and Municipal BOC – Congressmen, City and Municipal officials 6. Barangay BOC – Barangay officials

COMELEC has direct control and supervision over the BOC except Congress. It

may motu proprio relieve at any time and substitute any member of the board of canvassers (Sec 227, OEC) PRE-PROCLAMATION CONTROVERSY - any question pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the Commission, or any matters raised under Secs 233, 234, 235 and 236 in relation to the preparation , transmission, receipt, custody and appreciation of the election returns. (Sec 241, OEC)

COMELEC shall have exclusive jurisdiction of all pre-proclamation controversies (Sec 242, OEC)

Issues that may be raised in pre-proclamation controversy

1. Illegal composition or proceedings of the board of canvassers 2. The canvassed election returns are incomplete, contain material defects,

appear to be tampered with or falsified, or contain discrepancies in the same returns or in authentic copies thereof

3. The election returns were prepared under duress, threats, coercion, or intimidation, or they are obviously manufacture, or not authentic

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4. When substitute or fraudulent returns in controverted polling places were canvassed, the results of which materially affected the standing of the aggrieved candidates.(Sec 243, OEC)

General Rule: Candidates and registered political parties involve in an election are allowed to file pre-proclamation cases before the COMELEC. Exception: Pre-proclamation cases are not allowed in elections for President, Vice-president, Senators, and Members of the House of Representatives. 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 returns PROCLAMATION In the absence of an appeal, the Board of Canvassers shall proclaim the winner. ELECTION OFFENSES Prohibited Acts: (Sec 261, 262, OEC)

• Vote buying and vote selling • Conspiracy to bribe voters • Wagering upon result of election • Coercion of subordinates • Threats, intimidation, terrorism, use of fraudulent device or other forms of

coercion • Coercion of election officials and employees • Appointment of new employees, creation of new position, promotion, giving of

salary increases • Intervention of public officers and employees • Undue influence • Unlawful electioneering • Others…

Jurisdiction

a. Investigation and Prosecution: COMELEC b.Trial and decision: RTC – exclusive original jurisdiction any criminal action or proceedings

for violation of OEC Exception: offenses relating to failure to register or failure to vote (MTC)

Prescription: 5 years from the date of their commission ELECTION CONTEST Original Exclusive Jurisdiction

1. Supreme Court • President • Vice-president

2. Senate Electoral Tribunal • Senators

3. House of Representatives Electoral Tribunal • Congressmen

4. Commission on Elections

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• Regional officials • Provincial officials • City officials

5. Regional Trial Court • Municipal officials

6. Metropolitan Trial Court, Municipal Circuit Trial Court, and Municipal Trial Court

• Barangay officials • Sangguniang Kabataan

Appellate Jurisdiction

1. For decisions of RTC and MTC - appeal to COMELEC whose decision shall be final and executory

2. For decisions of COMELEC - petition for review on Certiorari with SC within 30 days from receipt of decision on ground of grave abuse of discretion amounting to lack or excess of jurisdiction or violation of due process

3. For decisions of Electoral Tribunal -petition for review on Certiorari with SC on ground of grave abuse of discretion amounting to lack or excess of jurisdiction or violation of due process

ACTIONS WHICH MAY BE FILED ELECTION PROTEST - filed by any candidate who has filed a certificate of candidacy and has been voted upon for the same officer - on the grounds of

• Fraud; • Terrorism; • Irregularities, or; • Illegal acts, committed before, during or after casting and counting of

votes - filed within 10 days from proclamation of results of election

QUO WARRANTO - filed by any registered voter in the constituency - on the grounds of

• Ineligibility, or; • Disloyalty to the Republic

- filed within 10 days from proclamation of results