Midterm notes_KAKM

Admin & Election Law 2013-2014

Reference: Agpalo, Comments on Elections!
November 16, 2013
1. What are the grounds for postpontment of election?
Postponement of Election (V-O-T-R- F)
Failure of Election (O-F-F T-V)
Postponement or failure of election and calling of special election shall be decided by only
COMELEC en banc.
1. Violence
1. Other analogous cases
2. other analogous causes of such
2. force majeure
nature that the holding of a free,
3. fraud
orderly and honest election should
4. terrorism
become impossible
5. violence
3. terrorism
4. loss or destruction of election
paraphernalia or records
5. force majeure
Based on such grounds, COMELEC may motu These grounds must cause the election to be
proprio or upon petition, after due notice and not held on the date fixed or after voting and
hearing declare or postpone the election to a during the preparation, transmission of the
date reasonably close but not later than 30 ER or after the voting and during the
days after the cessation of the cause of the preparation and the transmission of the ER
postponement (this period is only directory).
or in the custody or canvass thereof, such
election results in failure to elect and such
failure would affect the result of the election.
2. What is election period?
Election period ---it shall commence 90 days before the day of the election and
shall end 30 days thereafter.
3. Can a government project be continued in a election period? NO!
4. When is there a failure of election?
Pre-condition for declaring failure of election:
1. that no voting has been held in any precinct because of force majeure, violence or
terrorism; and
2. that the votes not cast therein are sufficient to affect the results of the election.
NOTE: The two must concur to justify a special election. The grounds may occur
before or after the casting of votes or on the day of the election.
5. What is the effect of failure of election?
1. To annul an election, two conditions must be present:
The illegality must affect more than 50% of the votes cast, and
the good votes can be distinguished from the bad votes.
2. If there is failure of elections, no winner can be declared. If the alleged fraud and
irregularities did not prevent or suspend the holding of the elections, there is no
failure of elections. There can be failure of election in a political unit only if the
will of the majority has been defiled and cannot be ascertained. Simply deducting
the election results of certain municipalities subject of a petition for failure of
elections does not necessarily establish the theory that the over-all election will
not change. The possibility that the results of the special elections may still
change the standing of the candidates cannot be discounted.
3. To warrant a declaration of failure of elections, the commission of fraud must be
such that it prevented or suspended the holding of an election, or the preparation
and transmission, custody and canvass of the election returns. These essential
facts must be established. In such case, the winner cannot be determined or that
nobody emerged as winner. The proper remedy in assailing that election returns
were manufactured as they were allegedly prepared by one person is to seek a
recount which is a proper subject of an election protest.

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4. There is failure of elections when the venue for counting was transferred without
notice to or conformity of the candidates and watchers and where canvassing was
done without their presence. While casting took place, the irregularities that
marred the counting and canvassing must result in failure to elect.
5. There is no failure of elections when after the firing of guns, voting resumed.
There is also no failure on the grounds that there were ballot box snatching,
ballots were filled up with the name of respondent, ballots were not signed at the
back by members of the board of election inspectors, and massive substitution of
voters.
6. Manual Counting of votes when automated machines failed to read the ballots is
not a ground for failure since voters were able to cast their votes freely and votes
were counted correctly.
7. The fact that a candidate for provincial office has been proclaimed and has
assumed office does not deprive the Comelec of its authority to annul any
canvass and illegal proclamation.
8. Only the Comelec en banc has the authority to declare a failure of elections.
9. The Comelec can set a date after the 30-day period from the cessation of the
cause of the failure of election when the dates for the special election were the
nearest dates available from the time the failure was determined. A special
election may also be ordered by the Comelec when the transfer of the polling
place was made in blatant disregard of Comelec Resolution No. 4360 specifying
the polling places and also Sections 153 and 154 of the Omnibus Election Code.
Changes may be initiated by written petition of the majority of the voters of the
polling place or agreement of all the political parties or by resolution of the
Comelec after notice and hearing.
10. An action for declaration of failure of elections is different from a pre-proclamation
controversy. The former case involves an examination of election fraud, technical
examination of election documents, and comparison of signatures which is not
the case in pre-proclamation cases.
6. What is the remedy of a voter whose name is not registered in the voters
list?
File a petition of inclusion of name. In Petition of exclusion, the voter will be allowed
to vote but was not in the list of registered voters.
November 23, 2013
1. Is a qualified voter who failed to registered and vote can be punished?
NO! Art. 5 Sec.1 of Consti. Phrase may it may, or may not.. it depends upon the
will of the person. Right to vote includes right also not to vote.
2. How long a period of a proclaimed winning candidate can refuse to assume
his position? 6 months.
3. What are the disqualifications to run a public office? Sec. 12 BP. 881
Disqualifications under the Omnibus Election Code:
1.
Declared as incompetent or insane by competent authority
2.
Sentenced by final judgment for subversion, insurrection, rebellion
or any offense for which he has been sentenced to a penalty of more than 18
months imprisonment
3.
Sentenced by final judgment for a crime involving moral turpitude
(BP 22 is included)
4.
A permanent resident of or an immigrant to a foreign country,
unless he has waived his status as such.
Disqualification as a result of election offenses under Section 68 of the
Omnibus Election Code:

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1. One who has given money or materials to influence or corrupt voters or
public officials performing electoral functions
2. One who has committed acts of terrorism to enhance his candidacy
3. One who has spent in his election campaign an amount in excess of that
allowed by law.
4. One who has solicited, received or made prohibited contributions
5. One who has committed prohibited acts under;
Sec. 80 (campaign period)
Sec. 83 (removal, destruction of lawful election paraphernalia
Sec. 85 (prohibited forms of propaganda)
Sec 86 (regulation of propaganda through mass media) and
Sec 261 (election offenses).
Other disqualifications under the OEC:
1. Nuisance candidate
2. Violation of Section 73 with regard to the certificate of candidacy
3. Violation of Sec. 78 as to material misrepresentations in the certificate of
candidacy
Disqualifications under the LGC (applicable to local officials only):
1. those sentenced by final judgment for an offense involving moral turpitude or
for an offense punishable by 1 year or more imprisonment within 2 years after
serving sentence
Dela Torre vs. COMELEC, GR No. 121592 05 July 1996 (probation simply
suspends the execution of sentence but it does not erase the
disqualification brought about by the conviction of a crime involving moral
turpitude)
2. those removed from office as a result of an administrative case
Grego vs. COMELEC, GR No. 125955 19 June 1997 (local officials
removed from office as a result of an administrative case prior to the
effectivity of the LGC on 01 January 1992, are not disqualified.)
3. those convicted by final judgment for violating oath of allegiance to the
Republic
4. those with dual citizenship
Mercado vs. Manzano, 307 SCRA 630 (dual citizenship here pertains to
dual allegiance. Persons with mere dual citizens are not disqualified.)
5. fugitives from justice in criminal or nonpolitical cases here and abroad
6. permanent residents in a foreign country or those who have acquired the
right to reside abroad and continue to avail of the same right after the
effectivity of this Code
7. the insane or feeble-minded
8. Policy on 3-Term Ban for Local Officials
4. What is fugitive from justice?

Marquez vs COMELEC, 243 SCRA 538 (A fugitive from justice includes

not only those who flee after conviction to avoid punishment but also
those who, after being charged, flee to avoid prosecution)
Rodriguez vs. COMELEC, GR No. 120099 24 July 1996 (One is not a
fugitive from justice when his arrival in the Philippines preceded the filing
of felony complaints and issuance of arrest warrants by a foreign court)

Fugitive from justice includes not only those who flee after conviction to avoid
punishment but likewise who, being charged, flee to avoid prosecution. Intent to
evade is the compelling factor and there can only be an intent to evade
prosecution or punishment when there is knowledge by the respondent of an already
instituted indictment or of a promulgated judgement of conviction. Intent to evade
on the part of a candidate must therefore be established by proof that
there has already been a conviction or at least, a charge has already been
filed, at the time of flight.
5. What is moral torpitute? (Magno case)
Moral turpitude is defined as an act of baseness, vileness, or depravity in the private
duties which a man owes his fellow men, or to society in general, contrary to the

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accepted and customary rule of right and duty between man and woman or conduct
contrary to justice, honesty, modesty, or good morals.
6. What period should prevail regarding the period of sentence as a result of
conviction? LGC-1year while BP.881 18months (Sec. 12 omnibus election
code)- 5 yrs.
December 7, 2013
1. Disqualification for green card holder. (Caasi case)
To be qualified to run for elective office in the Philippines , the law requires that the
candidate who is a green card holder must have waived his status as a permanent
resident or immigrant of a foreign country. Therefore, his act of filing a certificate of
candidacy for elective office in the Philippines, did not of itself constitute a waiver of
his status as a permanent resident or immigrant of the United States. The waiver of
his green card should be manifested by some act or acts independent of and done
prior to filing his candidacy for elective office in this country. Without such prior
waiver, he was disqualified to run for any elective office.
2. Applicable law? LGC or omnibus election code? (Magno case) LGC is for local
officials while omnibus is for local or national
The Omnibus Election Code was enacted in 1985 while the LGC became a law in
1992. It is basic in statutory construction that in case of irreconcilable conflict
between two laws, the later enactment must prevail, being the more recent
expression of legislative will. Legis posteriores priores contrarias abrogant. In
enacting the later law, the legislature is presumed to have knowledge of the older
law and intended to change it.
3. Citizenship disqualification. (Bengzon case & Maquiling case)
Lost of this citizenship may be done thru the 3 modes specified in the Constitution:
1.) Naturalization in a foreign country;
2.) Express renunciation of citizenship; and
3.) Subscribing to an oath of allegiance to support the Constitution or laws of a
foreign country.
However, Filipino citizens who have lost their citizenship may however reacquire the
same thru;
(1) by naturalization,
(2) by repatriation, and
(3) by direct act of Congress.
4. Effect of repatriation or reacquisition? (Bengzon case)
Repatriation simply consists of the taking of an oath of allegiance to the
Republic of the Philippine and registering said oath in the Local Civil
Registry of the place where the person concerned resides or last resided.
As a rule, repatriation results in the recovery of the original nationality . This
means that a naturalized Filipino who lost his citizenship will be restored to
his prior status as a naturalized Filipino citizen. On the other hand, if he was
originally a natural-born citizen before he lost his Philippine citizenship, he
will be restored to his former status as a natural-born Filipino
In order to qualify a candidate for public office, he is required to take not only the
Oath of Allegiance to the Republic of the Philippines but also to personally renounce
foreign citizenship.
5. Effect of probation? Can a person who was granted probation
disqualified to run public office?(Moreno case-ponentia ni Atty. Jums!)

be

Probation operates to restore to all civil rights lost or suspended as a result of

conviction and to fully discharge liability for any fine imposed as to the offense for
which probation was granted. Thus, when Moreno was finally discharged upon the

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court's finding that he has fulfilled the terms and conditions of his probation, his case
was deemed terminated and all civil rights lost or suspended as a result of his
conviction were restored to him, including the right to run for public office.
The disqualification under Sec. 40(a) of the LGC covers offenses punishable
by 1 year or more of imprisonment, a penalty which also covers
probationable offenses. Hence, the provision does not disqualify
probationers from running for a local elective office.
December 14, 2013
1. Effect of conversion of local government unit in a 3 term of official?
(municipal to city) Latasa case!
Latasa cannot serve as Mayor of the new city of Digos. Latasa having been elected as
mayor in 1998, the conversion of Digos from a municipality to a city in 2000 falls
within his term. As Digos acquired a new corporate existence, qualifications for its
elective positions also change. As a result, the Office of the Municipal Mayor was
abolished to make way for the creation of the Office of the City Mayor. However,
under the Charter of the City of Digos, the elective officials of the Municipality of
Digos shall have hold-over power until a new election and the duly elected officials
have assumed their office. Latasa never ceased to discharge his duties as
Mayor during the conversion of Digos. Also, although Digos was converted into a
city, Digos never redefined its territory, the inhabitants are the same group of voters
who elected petitioner Latasa to be their municipal mayor for three consecutive
terms. These are also the same inhabitants over whom he held power and authority
as their chief executive for nine years.
For the three-term limit for elective local government officials to apply, two conditions
or requisites must concur, to wit:
1) That the official concerned has been elected for three 3 consecutive terms in the
same local government post, and;
2) That he has fully served 3consecutive terms.
2. When COMELEC should dismissed a case for disqualification? ALBAA case!
Section 2 of COMELEC Resolution No. 2050 states that the COMELEC is mandated to
dismiss a complaint for the disqualification of a candidate who has been charged with
an election offense but who has already been proclaimed as winner by the Municipal
Board of Canvassers. Hence, if a complaint is filed with the COMELEC against a
candidate who has already been proclaimed winner, charging an election offense and
praying for the disqualification of the said candidate, the COMELEC shall determine
the existence of probable cause for the filing of an Information against the candidate
for the election offense charged. However, if the COMELEC finds no probable cause, it
is mandated to dismiss the complaint for the disqualification of the candidate.
If the COMELEC finds that there is probable cause, it shall order its Law
Department to file the appropriate Information with the RTC which has
territorial jurisdiction over the offense, but shall, nonetheless, order the
dismissal of the complaint for disqualification, without prejudice to the
outcome of the criminal case. If the trial court finds the accused guilty beyond
reasonable doubt of the offense charged, it shall also order his disqualification
pursuant to Section 264 of the Omnibus Election Code.
3. Grounds for disqualification under Sec.68 of omnibus election code!
Criminal acts can be independently filed with the courts! (2 aspect:
Administrative and Criminal)
In administrative Comelec Law Department will investigate to determine probable
cause. Comelec will serve as prosecutor in all criminal election cases. Comelec is not
a judge to a criminal case. Law department will also determine if respondent is
disqualified or annul the proclamation in case he won.
Administrative Preponderance of Evidence
Criminal Proof beyond reasonable doubt

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4. Succession! (Kare case and several old cases vs Maquiling case!)
(old ruling succession but in Maquiling case 2 nd placer because the
winners vote cannot be given force and cannot be counted and does not
have effect.)
Maquiling case:
An ineligible candidate who receives the highest number of votes is a wrongful
winner. By express legal mandate, he could not even have been a candidate in the
first place. However, notwithstanding the outcome of the elections, his ineligibility as
a candidate remains unchanged. The number of ballots cast in his favor cannot cure
the defect of failure to qualify with the substantive legal requirements of eligibility to
run for public office. The will of the people as expressed through the ballot cannot
cure the ineligibility of a candidate, especially if they mistakenly believed that the
candidate was qualified. With Arnados disqualification, Maquiling then becomes the
winner in the election as he obtained the highest number of votes from among the
qualified candidates. We have ruled in the recent cases that a void COC cannot
produce
any
legal
effect.
Thus, the votes cast in
favor
of the ineligible candidate are not considered at all in determining the
winner of an election.
Kare case:
COMELEC committed a mistake in proclaiming Ceriola, the 2nd winning candidate, as
the mayor because the resolution disqualifying Moll took effect after the election that
is on March 2003. The court said that it is clear that it was only on March 19, 2003,
that the Comelec en banc issued Resolution to disqualify Moll from running as a
mayoral candidate. On May 14, 2001, when the electorate voted for him as mayor,
they believed that he was qualified. In case of the permanent vacancy of the
mayoralty position, the vice mayor should take the position instead of the second
winning candidate.

5. Whether or not the knowledge or awareness of the electorate of the

candidates disqualification is required? NO
The electorates awareness of the candidates disqualification is not a prerequisite for
the disqualification to attach to the candidate. The very existence of a disqualifying
circumstance makes the candidate ineligible. Knowledge by the electorate of a
candidates disqualification is not necessary before a qualified candidate who placed
second to a disqualified one can be proclaimed as the winner. The second-placer in
the vote count is actually the first-placer among the qualified candidates. The
subsequent disqualification based on a substantive ground that existed prior to the
filing of the certificate of candidacy voids not only the COC but also the proclamation.
6. Condonation in terms and reelection(Aguinaldo case)
The rule is that a public official cannot be removed for administrative misconduct
committed during a prior term, since his re-election to office operates as a
condonation of the officer's previous misconduct to the extent of cutting off the right
to remove him therefor. The foregoing rule, however, finds no application to criminal
cases pending against petitioner for acts he may have committed during the failed
coup.
7. Sec. 66 & 67, Government officials who runs for public office are considered
resigned! (PNOC case & Quito case)
Sec 66. - Automatic resignation of persons holding of public appointive office. They
are considered as ipso facto resigned.
If a corporations capital stock is owned by the Government, or it is operated and
managed by officers charged with the mission of fulfilling the public objectives for
which it has been organized, it is a GOCC even if organized under the Corporation
Code and not under a special statute. Employees thereof, even if not covered by the
Civil Service but by the Labor Code, are nonetheless employees in GOCC, and come

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Admin & Election Law 2013-2014
within the letter of Section 66 of the Omnibus Election Code, declaring them ipso
facto resigned from their office upon the filing of their COC. Sec. 66 applies to officers
and employees in GOCC, and even if they do not fall under the Civil Service Law but
under the Labor Code.
Sec. 67 Automatic resignation of persons holding of public elective office. However,
RA 9006, otherwise known as the Fair Election Act repealed Sec. 67 of the
OEC. Now, elective officers are not considered resigned upon filing of the COC.
8. What is a nuisance candidate? When the intent of candidate is to put the election
into mockery
A nuisance candidate is one who files a certificate of candidacy:
1. to put the election process in mockery or disrepute
2. to cause confusion among the voters by the similarity of the names
3. in other circumstances which clearly demonstrate that the candidate has
NO bona fide intention to run for the office and to prevent a faithful
determination of the true will of the electorate.

Petition to disqualify a candidate for being a nuisance candidate must be filed within
5 days from last day of filing of certificate of candidacy

January 11, 2014

1. Jurisdiction in election protest.. acts committed before and after the
proclamation..
Jurisdiction Over Election Contests:
A. Original and Exclusive
1.
Pres/Vice Pres Supreme Court as Presidential Electoral Tribunal
2.
Senator Senate Electoral Tribunal
3.
Congressman HRET
4.
Regional/Provincial/ City Officials COMELEC
5.
Municipal Officials RTC
6.
Barangay Officials MTC
2. What should comelec do when there is pending election case which is
criminal also in nature? (alabana case) 2 aspect criminal and electoral!
Criminal case COMELEC law department will investigate and recommend to
comelec enbanc, if enbanc will approve the recommendation, the case will be filed at
the court (RTC) and the comelec will be the prosecutor in the case. (reasonable doubt
is required to prove guilt)
Electoral aspect - to find out if he should be disqualified and whether the votes found
in his favor should be counted. (preponderance of evidence is required to held liable)
3. Petition to deny due course is only based on one ground (sec 74 & 78) material misrepresentation (salcedo case)
False Representation - deliberate intent to mislead, misinform or hide a fact which
would otherwise render a candidate ineligible to run for elective office; intention to
deceive
the
electorate
ELEMENTS FALSE REPRESENTATION:
Materiality
Intention to mislead
4. What is the effect of petition to deny or due course in the COC? It is at all
no COC. It is invalid and no force.
5. Sec. 77 does not include substitution in petition of cancellation of COC.
(Miranda case) However, in Petition to disqualify, substitution is possible
A disqualified candidate may only be substituted if he had a valid certificate of
candidacy in the first place because, if the disqualified candidate did not have a valid

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Admin & Election Law 2013-2014
and seasonably filed certificate of candidacy, he is and was not a candidate at all. If a
person was not a candidate, he cannot be substituted under Section 77 of the Code.
Hence, a certificate of candidacy which has been denied due course on
account of misrepresentation is, in every legal contemplation, no certificate
at all. Hence, there is nothing to substitute
6. An independent candidate cannot be substituted because he is not belong
to political party under sec 77.
Rules on Substitution and Withdrawal of Candidacy (Go vs. COMELEC, GR No.
147701 10 May 2001)
A candidate may withdraw his candidacy anytime before election day
Substitution is only allowed in cases of : death, withdrawal or disqualification
No substitution is allowed for an independent candidate
No person who has withdrawn his candidacy for a position shall be eligible as
a substituted candidate for any position
The filing of a withdrawal shall not affect the civil, criminal or administrative
liabilities the substituted candidate may have already incurred
In case of valid substitutions, votes cast for substituted candidates are
considered stray, except if the substitute candidate has the same surname
7. COC under oath (sec. 73)
COC must be under oath. However, the election of a candidate cannot be annulled
on the formal defect of lack of oath (De Guzman vs. Board of Canvassers, 48 Phil
211)
Requisites of a valid COC
Duly signed and sworn to by the candidate or his party in case a political party
makes the nomination
Filed within the time fixed by law; and
Contain all the facts herein required
8. Contents of COC.. Sec 74

Announcement of his candidacy for the office stated therein and that he is eligible
to run for said office
For members of the House of Representatives, the province, including its
component cities, highly urbanized city or district or sector which he seeks to
represent
Political party to which he belongs
Civil status
Date of birth
Residence
Profession or occupation
That he will support and defend the Constitution of the Philippines and will
maintain true faith and allegiance thereto
That he will obey the laws, legal orders and decrees promulgated by the duly
constituted authority
That he is not a permanent resident or immigrant of a foreign country
That the obligation imposed by his oath is assumed voluntarily, without mental
reservation or purpose of evasion
And that the facts stated in the COC are true to the best of his knowledge

A COC is in the nature of a formal manifestation to the whole world of the candidates
political creed or lack of political creed (Papa vs. Mun. Board of Manila, 47PHIL 694)
9. Next meetingRA 9006-fair election act and Automated election, RA 9369
PCOS machine
January 18, 2014
1. What are the lawful election propaganda? The prohibition of certain forms
of election propaganda is a valid exercise of police power Sec. 3 of RA 9006
and cases (5th batch)

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Pamphlets, leaflets, cards, decals, stickers or written and Printed Materials (8
1/2 W x 14L)
Letters
Posters (2 x 3)
Rally Streamers (3 x 8)
Comelec free space (3 national newspapers for nationally elective officials and 1
national newspaper for local) and airtime (3 national television networks for
nationally elective officials and 1 station for local: equal allocation for all
candidates for 3 calendar days
All other forms of election propaganda not prohibited by the Omnibus Election
Code or this Act.
2. What is Survey? National and LocalSec. 5.4 of RA 9006
5.4. Surveys affecting national candidates shall not be published 15 days before an
election and surveys affecting local candidates shall not be published 7 days before
an election.
3. What are exit polls? Sec.5.5 RA 9006 difference of Exit polls in survey?
Survey- before
5.1. Election surveys refer to the measurement of opinions and perceptions of the
voters as regards a candidate's popularity, qualifications, platforms or a matter of
public discussion in relation to the election, including voters' preference for
candidates or publicly discussed issues during the campaign period
Exit polls- after
5.5. Exit polls may only be taken subject to the following requirements:
(a) Pollsters shall not conduct their surveys within fifty (50) meters from the
polling place, whether said survey is taken in a home, dwelling place and
other places;
(b) Pollsters shall wear distinctive clothing;
(c) Pollsters shall inform the voters that they may refuse to answer; and
(d) The result of the exit polls may be announced after the closing of the polls
on election day, and must clearly identify the total number of respondents,
and the places where they were taken. Said announcement shall state that
the same is unofficial and does not represent a trend.
4. Free space in newspaper (Philippine press case)!
COMELEC Resolution No. 2772 directing newspapers to provide free COMELEC
space of not less than one-half page for the common use of political parties and
candidates.
The SC declared the Resolution as unconstitutional. It held that to compel print media
companies to donate COMELEC space amounts to taking of private personal
property without payment of the just compensation. The taking of private property
for public use is authorized by the constitution, but not without payment of just
compensation. It is not also valid exercise of the police power of the state as there is
no showing of existence of a national emergency to take private property
of newspaper or magazine publishers. There is no just compensation as the
newspapers will give the space for free as a donation. Moreover, there was no
showing of reasonable necessity or emergency for the taking of print space
confronted the Commission
5. Lawful expenditures! Sec. 102 Omnibus election code!
(a) travelling expenses of the candidates and campaign personnel in the course of
the campaign and for personal expenses incident thereto;
(b) compensation of campaigners, clerks, stenographers, messengers, and other
persons actually employed in the campaign;
(c) telegraph and telephone tolls, postage, freight and express delivery charges;
(d) stationery, printing and distribution of printed matters relative to candidacy;

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(e) employment of watchers at the polls;
(f) rent, maintenance and furnishing of campaign headquarters, office or place of
meetings;
(g) political meetings and rallies and the use of sound systems, lights and
decorations during said meetings and rallies;
(h) newspaper, radio, television and other public advertisements;
(i) employment of counsel;
(j) copying and classifying list of voters, investigating and challenging the right to
vote of persons registered in the lists; or
(k) printing sample ballots in such color, size and maximum number as may be
authorized by the Commission.
6. Limitations on the amount of expenditure of candidate during election
period! Sec. 101 BP 881
Limitations upon expenses of candidates:
For candidates:
Pres & Vice Pres - P10.00/voter
Other candidates - P3.00/voter
Candidate without political party - P5.00/voter
For political parties - P5.00/voter
Expenses incurred by branches, chapters, or committees of such political parties shall
be included in the computation of the total expenditures of the party.
7. Read Sec. 107 BP 881! Administrative
contributions and expenditures)

liabilities!

(Statement

of

Statement of Contribution and expenses

Every candidate and treasurer of the political party shall, within thirty (30)
days after the day of the election, file in duplicate with the offices of the
Commission the full, true and itemized statement of all contributions and
expenditures in connection with the election.
No person elected to any public offices shall enter upon the duties of his office
until he has filed the statement of contributions and expenditures herein
required.
The same prohibition shall apply if the political party which nominated the
winning candidate fails to file the statement required herein within the period
prescribed by this Act.
Except candidates for elective barangay office, failure to file the statements or
reports in connection with electoral contributions and expenditures are
required herein shall constitute an administrative offense for which the
offenders shall be liable to pay an administrative fine ranging from One
thousand pesos (P1,000.00) to Thirty thousand pesos (P30,000.00), in the
discretion of the Commission.
Every candidate is required to file his statement of contributions and
expenditures within the prescribed period. It includes one who withdrew his
certificate of candidacy. (Pilar vs. COMELEC, 245 SCRA 759)
8. Next meeting Automated election! Sec. 211, 241 and election contest, Sec
249.
January 25, 2014
1. Where do voters cast their votes? Poling precincts Sec. 149
Precinct - unit of territory for the purpose of voting
2. Ballots procedure (see also Sec. 23 RA 7166 synchronized national and
local elections)

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(a) Ballots for national and local elections, regular or special, plebiscites and
referenda, shall be of uniform size and shall be prescribed by the Commission. They
shall be printed in black ink on which security paper with distinctive, clear and legible
watermarks that will readily distinguish it from ordinary paper. Each ballot shall be in
the shape of a strip with stub and detachable coupon containing the serial number of
the ballot, and a space for the thumbmark of the voter on the detachable coupon. It
shall bear at the top of the voter on the detachable coupon. It shall bear at the top of
the middle portion thereof the coat-of-arms of the Republic of the Philippines, the
word "Official Ballot," the name of the city or the municipality and province in which
the election is to be held, the date of the election, and the following notice in English:
"Fill out this ballot secretly inside the voting booth. Do not put any distinct mark on
any part of this ballot."
(b) The official ballot shall also contain the names of all the officer to be voted for in
the election, allowing opposite the name of each office, sufficient space of spaces
with horizontal lines where the voter may write the name or names of individual
candidates voted for by him.
(c) There shall not be anything printed or written on the back of the ballot except as
provided in Section 24 of this Act.
(d) Official ballot for cities and municipalities where Arabic is of general use shall
have each of the titles of the offices to be voted for printed in Arabic in addition to
and immediately below the English title.
(e) Notwithstanding the preceding provisions, the Commission is hereby authorized to
prescribe a different form of official ballot on the same watermarked security paper to
facilitate voting by illiterate voter only and to use or adopt the latest technological
and electronic devices in connection therewith as provided under Section 52(i) of the
Omnibus Election Code.
3. Election returns
Certificates of Votes
After the counting of the votes cast, the BEI shall issue a certificate of votes upon
request of the watchers. The certificate shall contain the number of votes obtained
by each candidate written in words and figures, the number of the precinct, the name
of the city or municipality and province, the total number of voters who voted in the
precinct and the date and time issued, and shall be signed and thumbmarked by
each member of the board.
Certificate of Votes as Evidence
COVs shall be admissible in evidence to prove tampering, alteration, falsification or
any anomaly committed in the election returns concerned, when duly authenticated
by testimonial or documentary evidence presented to the board of canvassers by at
least two members of the board of election inspectors who issued the certificate:
Provided, That failure to present any certificate of votes shall be a bar to the
presentation of other evidence to impugn the authenticity of the election returns
4. Sec. 172. Board can order to detain a person who disrupts of interrupts the
proceedings.
Section 172. Proceedings of the board of election inspectors. - The meetings of the
board of election inspectors shall be public and shall be held only in the polling place
authorized by the Commission.
The board of election inspectors shall have full authority to maintain order within the
polling place and its premises, to keep access thereto open and unobstructed, and to
enforce obedience to its lawful orders. If any person shall refuse to obey lawful orders
of the board of election inspectors, or shall conduct himself in a disorderly manner in
its presence or within its hearing and thereby interrupt or disturb its proceedings, the
board of election inspectors may issue an order in writing directing any peace officer
to take such person into custody until the adjournment of the meeting, but such
order shall not be executed as to prevent any person so taken into custody from
exercising his right to vote. Such order shall be executed by any peace officer to

Midterm notes_KAKM
Admin & Election Law 2013-2014
whom it may be delivered, but if none be present, by any other person deputized by
the board of election inspectors in writing.
5. Protest of Watchers Sec. 178

Any voter, or watcher may challenge any person offering to vote for not being
registered, for using the name of another or suffering from existing
disqualification.
The BEI shall satisfy itself as to whether or not the ground for the challenge is true
by requiring proof of registration or the identity of the voter
No voter shall be required to present his voter's affidavit on election day unless
his identity is challenged. His failure or inability to produce his voter's affidavit
upon being challenged, shall not preclude him from voting if his identity be shown
from the photograph, fingerprints, or specimen signatures in his approved
application in the book of voters or if he is identified under oath by a member of
the BEI.

Challenge based on certain illegal acts.

Any voter or watcher may challenge any voter offering to vote on the ground
that:
1) the challenged person has received or expects to receive, has paid, offered
or promised to pay, has contributed, offered or promised to contribute
money or anything of value as consideration for his vote or for the vote of
another;
2) that he has made or received a promise to influence the giving or
withholding of any such vote or
3) that he has made a bet or is interested directly or indirectly in a bet which
depends upon the result of the election.
The challenged person shall take a prescribed oath before the BEI that he has not
committed any of the acts alleged in the challenge.
Upon the taking of such oath, the challenge shall be dismissed and the
challenged voter shall be allowed to vote, but in case of his refusal to take such
oath, the challenge shall be sustained and he shall not be allowed to vote.

6. Section 211. Rules for the appreciation of ballots

In the reading and appreciation of ballots, every ballot shall be presumed to be valid
unless there is clear and good reason to justify its rejection. The board of election
inspectors shall observe the following rules, bearing in mind that the object of the
election is to obtain the expression of the voter's will:
1) First name or surname is valid if there is no other candidate with the
same first name or surname for the same office.
2) A name when read, has a sound similar to the surname of another
candidate, the vote shall be counted in favor of the candidate with
such surname.
3) Using maiden or married surname or both and there is another
candidate with the same surname, a ballot shall be counted in favor of
the candidate who is an incumbent.
4) 2 or more words are written on the same line on the ballot, all of which
are the surnames of two or more candidates, the same shall not be
counted for any of them, unless one is a surname of an incumbent who
has served for at least one year in which case it shall be counted in
favor of the latter.
5) When two or more words are written on different lines on the ballot all
of which are the surnames of two or more candidates bearing the same
surname for an office for which the law authorizes the election of more
than one and there are the same number of such surnames written as
there are candidates with that surname, the vote shall be counted in
favor of all the candidates bearing the surname.
6) When on the ballot is written a single word which is the first name of a
candidate and which is at the same time the surname of his opponent,
the vote shall be counted in favor of the latter.
7) When two words are written on the ballot, one of which is the first
name of the candidate and the other is the surname of his opponent,
the vote shall not be counted for either.

Midterm notes_KAKM
Admin & Election Law 2013-2014
8) A name or surname incorrectly written which, when read, has a sound
similar to the name or surname of a candidate when correctly written
shall be counted in his favor;
9) When a name of a candidate appears in a space of the ballot for an
office for which he is a candidate and in another space for which he is
not a candidate, it shall be counted in his favor for the office for which
he is a candidate and the vote for the office for which he is not a
candidate shall be considered as stray, except when it is used as a
means to identify the voter, in which case, the whole ballot shall be
void. If the word or words written on the appropriate blank on the ballot
is the identical name or surname or full name, as the case may be, of
two or more candidates for the same office none of whom is an
incumbent, the vote shall be counted in favor of that candidate to
whose ticket belong all the other candidates voted for in the same
ballot for the same constituency.
10) When in a space in the ballot there appears a name of a candidate that
is erased and another clearly written, the vote is valid for the latter.
11) The erroneous initial of the first name which accompanies the correct
surname of a candidate, the erroneous initial of the surname
accompanying the correct first name of a candidate, or the erroneous
middle initial of the candidate shall not annul the vote in favor of the
latter.
12) The fact that there exists another person who is not a candidate with
the first name or surname of a candidate shall not prevent the
adjudication of the vote of the latter.
13) Ballots which contain prefixes such as "Sr.", "Mr.", "Datu", "Don",
"Ginoo", "Hon.", "Gob." or suffixes like "Hijo", "Jr.", "Segundo", are valid.
14) The use of the nicknames and appellations of affection and friendship,
if accompanied by the first name or surname of the candidate, does
not annul such vote, except when they were used as a means to
identify the voter, in which case the whole ballot is invalid: Provided,
That if the nickname used is unaccompanied by the name or surname
of a candidate and it is the one by which he is generally or popularly
known in the locality, the name shall be counted in favor of said
candidate, if there is no other candidate for the same office with the
same nickname.
15) Any vote containing initials only or which is illegible or which does not
sufficiently identify the candidate for whom it is intended shall be
considered as a stray vote but shall not invalidate the whole ballot.
16) If on the ballot is correctly written the first name of a candidate but
with a different surname, or the surname of the candidate is correctly
written but with different first name, the vote shall not be counted in
favor of any candidate having such first name and/or surname but the
ballot shall be considered valid for other candidates.
17) Any ballot written with crayon, lead pencil, or in ink, wholly or in part,
shall be valid.
18) Where there are two or more candidates 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, but this shall not affect the validity of
the other votes therein.
19) If the candidates voted for exceed the number of those to be elected,
the ballot is valid, but the votes shall be counted only in favor of the
candidates whose names were firstly written by the voter within the
spaces provided for said office in the ballot until the authorized number
is covered.
20) Any vote in favor of a person who has not filed a certificate of
candidacy or in favor of a candidate for an office for which he did not
present himself shall be considered as a stray vote but it shall not
invalidate the whole ballot.
21) Ballots containing the name of a candidate printed and pasted on a
blank space of the ballot or affixed thereto through any mechanical
process are totally null and void.
22) Circles, crosses or lines put on the spaces on which the voter has not
voted shall be considered as signs to indicate his desistance from
voting and shall not invalidate the ballot.
23) Unless it should clearly appear that they have been deliberately put by
the voter to serve as identification marks, commas, dots, lines, or

Midterm notes_KAKM
Admin & Election Law 2013-2014
hyphens between the first name and surname of a candidate, or in
other parts of the ballot, traces of the letter "T", "J", and other similar
ones, the first letters or syllables of names which the voter does not
continue, the use of two or more kinds of writing and unintentional or
accidental flourishes, strokes, or strains, shall not invalidate the ballot.
24) Any ballot which clearly appears to have been filled by two distinct
persons before it was deposited in the ballot box during the voting is
totally null and void.
25) Any vote cast in favor of a candidate who has been disqualified by final
judgment shall be considered as stray and shall not be counted but it
shall not invalidate the ballot.
26) Ballots wholly written in Arabic in localities where it is of general use
are valid. To read them, the board of election inspectors may employ
an interpreter who shall take an oath that he shall read the votes
correctly.
27) The accidental tearing or perforation of a ballot does not annul it.
28) Failure to remove the detachable coupon from a ballot does not annul
such ballot.
29) A vote for the President shall also be a vote for the Vice-President
running under the same ticket of a political party, unless the voter
votes for a Vice-President who does not belong to such party.
7. Section 233. When the election returns are delayed, lost or destroyed.
Sec 233: When ER are destroyed, lost or delayed
If ER is missing, BOC shall obtain such missing returns from BEI
If ER are lost or destroyed, BOC, upon prior authority from COMELEC may use
any of the authentic ER or certified copy issued by COMELEC
8. Section 234. Material defects in the election returns
Sec 234: Material defects in the ER
Material defect if some requisites in form or data have been omitted in the ER.
BOC shall call BEI to correct the ER
In case of omission of the name or votes of any candidate in the ER, BOC shall
require BEI to complete the data PROVIDED that if the omitted ER CANNOT be
ascertained except by recount, the COMELEC must first satisfy itself that the
integrity of the ballot box has NOT been violated. COMELEC shall then order
BEI to open ballot box and do a recount for the omitted candidate with notice
to other candidates
9. Section 235. When election returns appear to be tampered with or falsified
Sec 235: When ER appears to be tampered or falsified
The ER must appear to be tampered or falsified AFTYER they have left the
hands of the BEI or were prepared by BEI under duress, force, intimidation or
prepared by persons other than BEI
BOC shall use the copies of ER. If ALL of them are tampered, upon prior
authority of COMELEC, BOC shall use the ER inside the ballot box
If even the ER inside the ballot box is tampered, COMELEC may order a
recount if the integrity of the ballot box has been preserved and prepare a
new ER with due notice to other candidates.
10. Section 236. Discrepancies in election returns
Sec 236: Discrepancies in the ER:
Discrepancies in the other authentic copies of the ER from a polling place or in
the votes of any candidate in words and figures in the SAME ER AND the
difference affects the result of the election
COMELEC, upon motion of the BOC may order a recount for the sole purpose
of determining the true result of the count of votes of the candidate
concerned, after satisfying itself that integrity of the ballot box has NOT been
violated with due notice to other candidates.
11. Section 237. When integrity of ballots is violated.

Midterm notes_KAKM
Admin & Election Law 2013-2014
If upon the opening of the ballot box as ordered by the Commission under
Sections 234, 235 and 236, hereof, it should appear that there are evidence or
signs of replacement, tampering or violation of the integrity of the ballots, the
Commission shall not recount the ballots but shall forthwith seal the ballot box
and order its safekeeping.
12. Sec.233-237, occurrence of these will
controversies, it will be govern by Sec. 241

result

to

pre-proclamation

A PPC refers to any question pertaining to or affecting:

1. the proceedings of the BOC which may be raised by any candidate or by any
registered political party or coalition of political parties before the BOC or COMELEC;
or
2. any matter raised under Sec 233, 234, 235 and 236 in relation to the preparation,
transmission, receipt, custody and appreciation of the ER
Extent of COMELECs jurisdiction:
1. COMELEC has EXCLUSIVE jurisdiction over PPC. IT may motu proprio or upon
written petition and after due notice and hearing order partial or total
suspension or annul a proclamation.
2. PPC shall be decided by the COMELEC in division. The COMELEC en banc only
has jurisdiction only on MFR of the resolution of the COMELEC in division.
3. COMELEC discharges its power in the exercise of :
a. its original jurisdiction in cases directly brought before it or
b. appellate jurisdiction in appeals from rulings of BOC on any issue
under Sec 243
COMELEC exercises authority to decide PPC in 2 instances:
1. in appeals from rulings of BOC
rulings on questions contesting its composition or proceedings.
Appeal therefrom must be taken within 3 days from ruling of BOC
rulings on questions contesting ER. Adverse party must inform BOC
that he intends to appeal and within 48 hours, he must file with
BOC a written and verified notice of appeal and within an
unextendible period of 5 days, he has to take the appeal to
COMELEC.
2. in petitions directly filed with it.
On the basis of the records and evidence, the COMELEC shall summarily decide the
appeal within 7 days from receipt thereof. The 7 day period is directory. If however,
COMELEC fails to decide the appeal by the beginning of the term of office involved,
the ruling of the BOC as a rule, is deemed affirmed.
13. Section 243. Issues that may be raised in pre-proclamation controversy
1.

Questions pertaining to the proceedings of the BOC such as:

a. illegal composition or proceedings of BOC
b. when canvassing was pre-determined and manipulated which
resulted into a sham
c. lack of sufficient notice to the members of BOC
d. disregard of manifest irregularities
It may be initiated or filed with BOC whose ruling is subject to appeal to
COMELEC within 3 days therefrom OR directly with the COMELEC

2. Issues under Secs 233, 234, 235, 236

It shall be brought in the first instance with BOC only. May be appealed to
COMELEC within 48 hours therefrom
NOTE: These grounds are EXCLUSIVE and RESTRICTIVE!!
The following are NOT PPC issues:
1.
2.
3.
4.

Proceedings of the BEI such as appreciation of ballots

the question of padding of the registry list of voters
The fact that certain votes were counted by the BEI should have been invalidated
Allegations of massive vote buying and terrorism

Midterm notes_KAKM
Admin & Election Law 2013-2014
14. Procedure in Sec 243: the following are proper issues that may be raised in
a PPC:
1. Illegal composition or proceeding of BOC
Where BOC NOT constituted in accordance with law, no quorum and required
notice to members thereof.
where a candidate objected to canvassing held by BOC, and was overruled by
BOC. His recourse would be to appeal the same within 3 days from the time
of contested ruling, otherwise it could no longer be entertained.
Even if questions on discrepancies between the number of votes appearing in
statement of votes and that of ER is NOT a ground for under Sec 243,
nonetheless it involves the proceedings of the BOC that may be raised
directly with the COMELEC under Sec 241 because the statement of votes
supports the COC and is the basis of proclamation.
However, the appreciation of votes is NOT a proceeding of BOC but of the BEI,
hence subject of election protest and NOT PPC.
NOTE: In PPC, COMELEC is NOT to look beyond the ER which is on their face regular
and authentic. A party seeking to raise issues beyond the ERs face must file an
election protest. A PPC is summary in nature, hence resort to examination of
fingerprints or handwriting appearing on the voters list may NOT be allowed.
2. The canvassed ER are incomplete, contain material defects, appear to be tampered
with or falsified, or contain discrepancies in the same returns or in other authentic
copies thereof as mentioned in Sec 233, 234, 235 and 236
ER lacks requisites of form or data. In which case, BOC shall call BEI to correct
the returns expeditiously. That duty devolves upon the BOC and NOT the
COMELEC.
Omission of the signatures or initials of members of BEI in the ER is NOT a
requisite form or data that could be corrected because the law requires that
the signatures be affixed in public view immediately after the last voter
record. Such omissions a substantial defect that makes the ER falsified or
manufactured.
When mistakes pertain to omission of votes of candidate, which CANNOT be
corrected by the BEI except by recount, the candidate concerned may petition
COMELEC to reopen the ballot box and do a recount after notice to other
candidates and after COMELEC is satisfied that integrity of ballot has NOT
been violated
3. The ER were prepared under duress , threats, coercion or intimidation or they are
obviously manufactured or not authentic
Manufactured when NO elections were held or where the BERI stated that they
never served or did NOT participate in any election. COMELEC may inquire in
a PPC into this question.
An obviously manufactured ER is one which is evident from its face that it is
so such as when it has NOT been issued by BEI or has been manufactured by
some unknown 3rd party
ER is obviously manufactured where they show a great excess of votes that
could have been legally cats. BUT, the mere fact that the registry list of
voters was padded does not render the ER obviously manufactured where the
votes cast for a candidate do NOT exceed the number of voters in the padded
list.
The padding of list is a ground for election protest, not PPC>
It is NOT enough that there is duress, force, etc, . There must also be showing
that the same affected the regularity or genuiness of the ER or that the true
results of the voting have been altered.
Where the ER is NOT signed by BEI, it raises serious doubts as to the
authenticity of the ER. Such fatal omission stamps the ER with the mark of
falsity and justifies their exclusion from canvass.
4. When substitute or fraudulent ER in controverted polling places were canvasses, the
results of which materially affected the standing of the aggrieved candidate.

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Admin & Election Law 2013-2014
A proclamation based on faulty tabulation of votes is flawed and a petition to
correct such errors, even if filed out of time may sometimes be considered by
COMELEC.
Where the proclamation was flawed because it was based on a clerical or
mathematical error, there can be NO valid proclamation. The same may be
challenged even after the candidate has assumed office.
The order for correction must be made in writing and must be promulgated. It
may be appealed within 24 hours from promulgation.
Once a timely appeal was made, BOC shall NOT proclaim winner unless the
votes are NOT affected by the appeal.
Appeal must implead the BOC as respondents and all parties concerned.
Upon receipt of appeal, Clerk of Court shall issue summons and set it for
hearing
appeal shall be heard by COMELEC
The fact that a proclamation has been made does NOT pose a legal obstacle
to the appeal because where a void proclamation is NO proclamation at all
and COMELEC retains jurisdiction to declare it a nullity
Where voting was done buy persons other than the registered voters while the
armed men dictated and prepared the ballots and ER, there was NO election
at all so COMELEC may invalidate the ER.
Where massive vote buying, terrorism and other irregularities affected the
integrity of the ER, the ER may be nullified by COMELEC. Even if this is a
ground for election protest, it does NOT preclude COMELEC to exercise its
authority as sole judge of PPC and exclude them from the canvass
15. Sec. 15 & 16, RA7166
Section 15. Pre-proclamation Cases Not Allowed in Elections for President VicePresident, Senator, and Member of the House of Representatives.
Section 16. Pre-proclamation Cases Involving Provincial, City and Municipal Offices.
- Pre-proclamation cases involving provincial, city and municipal offices shall be
allowed and shall be governed by Sections 17, 18, 19, 20, 21 and 22 hereof.

16. Section 20. Procedure in Disposition of Contested Election Returns. RA 7166

1. Candidate or political party shall submit oral objection to chairman of BOC at
the time the questioned ER is presented for inclusion in the canvass.
Objection shall be recorded in the minutes of the canvass.
2. Upon receipt of objection, BOC shall automatically defer the canvass on the
contested ER and shall proceed to canvass with the others not contested.
3. Simultaneous with the oral objection, the objecting party must enter his
objection in a written form within 24 hours from presentation of the
objection as well as evidence in support thereto. Within the same 24
hour period, any party may file a written and verified opposition to the
objection. BOC shall NOT entertain any objection or opposition UNLESS
reduced in WRITING.
4. Upon receipt of evidence, BOC shall take up the contested ER, and summarily
rule thereon.
BOC shall enter its ruling on the prescribed form and
authenticate the same by signatures of members of BOC.
5. Party adversely affected by the ruling of BOC shall immediately inform BOC if
he intends to appeal the ruling, BOC shall enter said info in minutes of the
canvass, set aside ER and proceed to consider the other ER.
6. After all Uncontested ER have been canvassed and contested ER ruled upon
by it, BOC shall suspend the canvass. Within 48 hours therefrom, any p[arty
adversely affected may file with BOC a written and verified notice of appeal
and with an unextendible period of 5 days thereafter, an appeal may be taken
to COMELEC.
7. Immediately upon receipt of notice of appeal, BOC shall make the appropriate
report to COMELEC elevating the records and evidence submitted in the
canvass and furnishing the parties with copies of report.
8. On the basis of such, COMELEC shall decide summarily the appeal within 7
days from receipt of such records. An appeal brought without the requisite

Midterm notes_KAKM
Admin & Election Law 2013-2014
accomplished forms and evidence shall be summarily dismissed. Decision of
CXOMELEC shall be immediately executory after lapse of 7 days from receipt
of losing party.
9. BOC shall NOT proclaim any candidate as winner unless authorized by
COMELEC after the latter has ruled on the objections brought to it on appeal
by losing party. Any proclamation made in violation hereof shall be void
UNLESS the contested ER will NOT affect the results of the election.
17. Read Lagumbay doctrine. GR 25444,January 31, 1966, 16 scra 175
This pertains to instances where there exists uniformity of tallies in favor of
candidates belonging to one party and the systematic blanking out of the opposing
candidates, as when all candidates of 1 party received all the votes, each of whom
exactly the same number and the opposers got zero. It leads to the impression that
the ER was manufactured.
This rule as to render the ER excludable from canvass may apply only when such
improbability is shown on the ER itself without regard to evidence aliunde
Where doctrine does NOT apply:
1. if a candidate obtained 100% of the votes cast or where a number of votes
cast in favor of a candidate was NOT greatly in excess of the registered
number of voters.
2. where 2 of the party candidates received zero votes while the others received
some votes
3. where nullification of the questioned ER will NOT affect the substantial winning
margin of the candidate (without prejudice to an election protest)