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Election Law 1. Right to vote 2. Right to be voted upon 3. Right to participate in political decisions thru initiative and referendum
Who: COMELEC Not exclusive in sec.2 sec.2 When does COMELEC meet en banc or division ? Division: QJ En Banc: performance of administrative function EX: 1. Those cases elevated by the division 2. Correction of manifest error Note: Have own rules of procedure There is liberal interpretation and they can even suspend their own ru les of procedure Suffrage: right to vote Who are allowed to vote in the Philippines: Art.5 Congress is mandated to allow Filipinos abroad to vote Who are Filipinos abroad : a. OFW b. Immigrants/ green card holders c. Dual citizens Illustrative case: OFW’s Anna who ten years ago when she was 18 went to HK as DH and never went back to Phil After 3rd year contract was about to expire h er BF gave an ultimatum to go home Came home for good Election time the brother ran and asked Anna to register 3 questions (substantive requisite) A: age at least 18 , even if 1 7 can already as long as 18 at the time of election C: Filipino whether natural born or naturalized R: residence of at least 1 year in Philippine and 6 months to vote The election registrar cannot prohibit her for sec. 9 states that Filipinos who lives their do micile because of education, work and military service is not deemed to have lost the residency and d omicile Green card holder Running disqualified Voting: yes but not all Macalintal case: case: only those who executed an affidavit who promises to restore residence w/in 3 years Nicolas case: dual citizens are allowed but not all are allowed RA 9225 disqualifies them Who cannot vote: 1. Those occupying public position abroad 2. Those who filed certificate of cand idacy Remedy: resign or withdraw their COC Disqualification: 1. convicted of crime w/ penalty of 1 year; violation of election laws; crime involving moral turpitude; How to remove: a. pardon or executive clemency clemency by positive act act b. Or not doing anything w/in 5 years right to vote automatically automatically restored
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Continuing is year round except 120 d ay regular election 90 days of special election Cases 1.
Extension falls w/in the 120 day before election w/c is against the law 2. 2nd was granted w/c is before the 120 day period 2010 election they asked but it was before the 1 20 day Remedy of exclusion and inclusion : if you are d enied of registration Denied registration: inclusion Flying voters: exclusion Any other ACR requirement: exclusion
Who can file exclusion: any reg voter, elec officer or rep o f political party or COMELEC en banc Who has jurisdiction: MTC (in both) Hearing is mandatory although it can be summary Q: if a person does no t appear despite summons A: prima facie flying voter Q: how nay petition A: one per precint One exclusion case per precint cannot be consolidated Q: remedy if there is many flying voters A: not anymore exclusion or inclusion, but annulment of list of voters Implication: There will be new registration can pu rge flying voters Maruhong Case: double registration X domicile of origin is Baguio Registered in Baguio as voter in 2010 election In 2012 X married Y who is a resident of Dagupan Y is the husband and X is wife 2013 election X followed Y’s domicile X registered in Dagupan w/o cancelling her registration in Baguio
Q: is she allowed to vote a. No because of double registration registration b. Yes in Baguio only – ( this determines right to vote and be voted upon in Dagupan) c. Yes in Dagupan only d. Yes either in Baguio or Dagupan Q: what is the effect of double registration (limit it to the facts) General rule: the 1 st registration in Baguio is valid and 2 nd in Dagupan is invalid in failure to cancel her registration Registration in Dagupan is null and void Right to be voted upon If the right to vote requires ACR (no property or any other substantive requirement but only ACR plus registration registration only) ACRER is already discussed in Political law and public corporation Disqualifications Election code applied to national like green card and dual citizen Allowed if they surrender and execute an affidavit Citizenship When must the required citizenship be acquired: not later than the day of proclamation but to Frivaldo Frivaldo was retroacted retroacted from the day of application application Period of residence All the rest 1 year period in the Philippines if local in the district Other qualification of president and vice president Domicile of origin prevails If domicile by choice n ote the requirements
insanity or imbecility
system) Registration as voter : continuing system vs. (old one general system) General COMELEC: will chose certain dates
Citizenship: Teddy Cruz when you repatriate depends on the original citizenship (natural born = natural born)
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Dual citizens 9225 is disqualified Conflicting law of citizenship: can run (Manzano and Valles cases) Remedy under 9225 is express renunciation CL: mere filing of COC Mere ability to read and write: in local also the local dialect Registration as voter Lone candidate: applies to congress only because of special election and president and vice president if simultaneously vacated Limitation on P and VP (special election) if the vacancy arises 18 months prior to the election Disqualification: vacancy in senate and HR only b e special election 1. w/in 1 year before the next election 2. Assuming there is election (Durano case) before assuming his position he became a cabinet secretary and he was not confirmed and a special election was conducted. He cannot run again because of the lone candidate 3. if lone candidate is only 1 because he p revented other candidates from filing COC Procedural requirement on right to vote: registration as a vote Right to be voted upon: you have to file COC Pro forma on the filing it h as to be filled up and must b e sworn to (procedural) Case: the one who notarized the COC showing only the CTC (community tax certificate). Jurat that CTC was only presented. Thus sought to be disqualified that the COC is not prop erly sworn to. Eligible or not? COMELEC disqualified him SC: eligible, he went to the lawyer in GF. Legal basis: the lawyer is the one who violated the notarial law. Proper notarization is not among the qualifications Social Justice Society Case : he did not undergo drug testing Under the constitution there is only 5 qu alifications for senator w/c is ACRER If you allow it you add another layer of qualification not required by constitution Q: Local A: Valid. Congress can prescribe qu alifications for local positions Name requirement Official name shall be indicated in the COC as appearing in the certificate of live birth Screen name: it is your name and you should be known for that Occupation and profession : X placed CPA But he did not graduate Sought to be disqualified: falsity on material matter on the COC eligible: the falsity is not on material matter CPA is not educational requirement Nature of power of COMELEC in accepting COC GR: mere ministerial Labo case: they still accepted on the 2 nd because he may have been disqualified in previous but qualified now. File another DQ case if he is not Deadline in filing COC: you cannot file beyond this and if COMELEC refuses not even mandamus will lie Multiple filing of COC: you are not eligible for both positions Remedy: withdraw one before the deadline Not eligible for all positions filled for Remedy: Withdrawal before deadline of filing As if did not file any COC after deadline Qualifications so stated in t he constitution and in the law Consequence: Prohibited as if have no t filed any certification of COC withdrawal must be made prior to the deadline of filling
As if filed 2 COC neither is a valid COC Effect of filling - 3 consequences rules on effect 1 and 2 concern pub lic officers 3 private employee Elective and appointive 1 and 2 3 mass media practitioner employed by private communications company Elective official filling a COC Not deemed resigned Section 67 of the omnibus election code has been amended by sec 14 of 9006 What is sec 67 of the o mnibus election code, only 3 elective officials are not deemed resigned Those not deemed resigned those running for: 1. president; 2. vice president; and 3. seeking re-election, old provision of law Amended by the new omnibus of 9006 sec 14: All elective officials without qualifications are considered not deemed resigned: 1. Senators running for vice president 2. Barangay officials who ran for councilors Until their term will end can still return despite losing in the post ran for Upon appointive Despite flip flopping of decisions Adhere to the century old rule: Deemed resigned upon filling of COC- disregard flip flopping Includes GOCC with or without original charter Deemed resigned as long as appointive officials Private employee in mass media broadcast industry Journalism industry deemed resigned when so required by their employer Ted Failon deemed resigned if required so by ABS CBN upon filling COC
Q: Can somebody who filed COC withdraw the same? A: Yes cannot compel him to go on with candidacy But, the proper procedure has to be observed including filling of withdrawal of COC that is sworn to also Actual example 2 candidates of mayor A and BA, not popular- scarce in community B- no money very popular
A before start of campaign period approached B, withdraw then pay you expenses spent A made proposal to initially reward B with 150K B having not held money in h is money accepted and wrote in yellow pad his withdrawal- effective today signed B With 2 witnesses then B submitted immediately COMELEC Before A went to ER to submit Xerox 10 0 copies for distribution During election many still voted for B- when votes counted and canvassed B was ahead in the votes Q: Who between the 2 should b e proclaimed A or B A: Still b despite letter of withdrawal his withdrawal not valid not in proper form and sworn to Formality has to be observed Substitution of candidacy Presupposes that deadline has lapsed for filling of COC Q: Can a candidate be substituted after filling of COC Gen rule: yes if he belongs to a political party and official candidate of that political party 3 grounds for substitution: a. Death b. Withdrawal c. disqualifications Independent candidate: cannot be substituted
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They do not belong to political party nor nominated by one For punong barangay and councilman- non partisan Q: can they be substituted A: yes by way of exception Q:who among the candidates may be substituted despite not belonging to political party A: barangay officials non partisan Q:who can be substituted? GR: member of same po litical party cannot be substituted by the wife not member of po litical party EX: unless wife filed substituted COC and takes oath as member of that party attach oath to the COC note: law does not require how long the person has been a member of the political party law is silent enough that at the time of filling already a member of the political party from who the deceased member comes from Grounds: 1. death: life ceases to exist 2. withdrawal (Luna case) valid substitution because substituted is somebody who withdrew with all formalities 3. DQ by the COMELEC (ground for substitution)
Q: What about a candidate who’s COC has been cancelled or denied due course can he be substituted? A: Miranda case (term limit filed COC) Q:Cancelled COC substituted by the son? A: No valid substitution Reason: if a persons’ COC cancelled no more a candidate cannot substitute anymore Note: Presupposes COC of person being substituted is a valid COC If COC no valid because cancelled no longer a candidate anymore Answer: candidate COC was cancelled cannot be substituted
Q: Where to file COC Reglamentary period to file? Those elected at large in the PH: Central office President Senators Congress
In the other positions: practice of COMELEC not to motu proprio DQ the candidate Wait for a petition to DQ the candidate not motu proprio
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violation of the election code whether criminal or administrative in nature found guilty it will give rise to DQ as a candidate 3. falsity of material representation in the COC 2 requirements a. Falsity must be a material matter Case: Ana filed COC for councilor in one o f the blanks profession occupation CPA Truth is that set foot on college of commerce for one semester only and dropped out Lied that CPA by profession SC: Not material falsity Educational requirement for a candidate able to read and write only b. Must be done deliberately COC how long have you b een in Leyte: residence requirement is 1 year DQ because of falsity of material representation Although false one who alleged falsity must also allege that done deliberately- honest mistake when she wrote 7 months only
Effects of a DQ case Jurisdiction- COMELEC by Division (quasi judicial) Day of election- may 10 election day If before election day before may 10 X DQ case becomes final before election, X cannot be voted upon Still obtained certain votes- considered stray votes If DQ case does not become final before election day Remedy is MR to the COMELEC en banc through a motion for reconsideration Decision of en banc affirming the division to not b ecome final bring it to the SC on certiorari Not make ruling before election DQ case not final before election: effect is that not final before election X can be voted upon X votes can be counted canvassed X can be proclaimed Once proclaimed can assume office
All the rest filed with the board of election inspectors Deadline - mid day on election day Before noon time on election time
Q:5 days after deadline of filling of COC A: can file DQ case opposing candidates Filed earlier - research your DQ 2 advantages of filling COC during later period DQ case still to be investigated upon and pron e to commit premature campaigning Not yet considered a candidate not considered campaigning 3 grounds for DQ cases 1. if candidate is a nuisance candidate Filed COC without intention of wining not serious he is there to confuse make mockery of the election Strict motu proprio COMELEC DQ on ground for nuisance candidate Even w/o a petitioner on the positions of president vice president and senator Sole criterion in these positions whether nuisance or n ot: capability to wage a nationwide campaign Limit number of candidates to participate
Q: What happens with the case because not yet final X voted upon counted canvassed and p roclaimed if won and assume office DQ case not final will continuance of the case Eventually SC upholds the DQ of X, then X will be unseated Even if withdrew cannot go back Enforced- mere act of filling vacated office already Luna case- withdraw and withdrawal is valid But COMELEC cancel COC of the sub stituted Cancellation or denial of due course requires due process cannot be do ne moto proprio by the COMELEC
Cancellation of COC cannot be done motu proprio requires notice and hearing Entitled to notice and hearing Person whose COC subject to cancellation deserves notice and hearing COC who has been cancelled cannot be substituted Campaign electoral campaign Amendatory law RA 9006
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Fair election act Significant features of 9006 Restoration of candidates right to political advertisement with limitations
In the 1971 election code, advertisement allowed no limitation- problem NEDA found out every election year double digit inflation- too much money in circulation 1985 omnibus election code- total ban political advertisement In the election of 1987 1988 1992 Those who won in local and national won- artists Erap Joey Marquez Lito Lapid Popularity exposure Amended law with fair election act to level the playing field but with certain limitations Depends on broadcast media: depends on airtime Cannot buy all the airtime Print media- limitation as to size frequency of advertisement
TV movie personality running for election cannot put on show their movies Cannot broadcast their TV movie shows To level the playing field Chavez case Entered into contract with apparel company as an endorser Post tarps advertisement in many parts of PH While contract is enforced, filed his COC for senator After filling COC, was asked b y COMELEC to dismantle his tarp advertisement pursuant to 9006
Campaign period not yet started but tarps already posted Went to SC qu estion the constitutionality and validity of COMELEC resolution 2 grounds 1. Freedom of expression 2. Violative of non impairment clause SC upheld COMELEC Dismissed his petition, valid exercise of police power prevails over non impairment clause Comes in conflict with police power, police power prevails Political Rallies No substitute for personal appearance Show yourselves to the voters Needs permits Governed by BP 880: p ublic assembly act Need permit from mayor Only instance no permit : when in freedom park If place where rally conducted is a private place- ask permit from th e owner Campaign materials Made of cloth paper or cardboard including tarp Not made out of plywood tin sheets
Limit insofar as size in concerned Common poster area Stickers Q: Can be stickers? A: yes posted in moving private vehicle but not public utility vehicle Campaign materials if donated requirement to name the donor Political advertisement paid for by:
COMELEC resolution prohibiting conduct of exit poll surveys Violation of freedom of expression No violation of secrecy of ballots
Prohibition to publish results of surveys 15 days before election: violative of freedom of expression Gen rule: with political party 3 pesos per voter Not with political party 5 pesos per voter: independent candidate
Municipality with 10K vo ters- 30K can only spend Independent 50k limit Requirement under the election code to sub mit statement of contributions and expenditures Who are required under oath : there are 2 1. Candidates Who among; losing winning and withdrawing will file for law does not distinguish Effect of failure: distnguish 1st time: fine of 30k except running for BRGY positions If winning he cannot assume office 2nd offense 2k – 60k again this does not apply to BRGY candidates and Perpetual disqualification to hold office 2. Treasurer of the po litical party Pre mature campaigning: Penera case: (flip flop decision) 2004: automated election suppose to be (did not happen) SC nullified the contract of mega pacific and COMELEC. They advanced the filing of COC as early as January Automated you have to advance deadline – because of necessity to print the ballots w/ the name of candidate Date of start of campaign period is original deadline President – 90 days before election period is campaign period Local – 45 days before the election is campaign period the deadline is before the start Penera filed her COC on January 4 After filing she did her motorcade He was disqualified before the COMELEC Div and En banc had d ismissed his case SC affirmed the decision DQ case does not become final pending appeal MR: the SC reversed its o riginal decision Reason: when Penera conducted the motorcade w/c is suppose to be a premature campaigning he is not yet a candidate. He is only a candidate for purpose of pr inting the ballots You can become the candidate after only the deadline of filing The deadline is the o riginal deadline She will be come only upon filing the COC Technically no premature campaign Congress needs to amend the premature campaign law
Triple C Casting Counting Canvassing of votes When: 1. 2nd Monday of may every 3 years is the election day 2. October for BRGY Note: ARMM (used to be) the purpose of not holding is to synchronize it with regular election Whether he can validly appoint: yes it is w/in his power to fill vacancies Start of election hours: Election hours start 7-3 in manual Automated 7-6 longer because there is clustering of precincts PECOS is expensive that’s why you cluster Who will administer in election level
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BEI: board of election inspector Members 3 who is public school teachers In default: private or government EE w/ good moral character AFP no even with agreement of parties In one case they were allowed PNP because it is special elections Suppose election day is may 10 but impossible to conduct election Remedy: petition to postpone election When can there be failure of election 1. Polling place did not open on election day (no paraphernalia) 2. Opened but at 8am closed because of violence 3. Opened 7-3 and 75% casted there vote but 2 hours after but when they were about to canvass goons came and confiscated the paraphernalia Not able to count the ballots Q:w/n the petition will be granted or not factors to consider for special election A: will it still affect the outcome of the election a. No. if the difference is kilometric bet the winning and losing the petition will no longer be granted b. If not kilometric and will affect SP must be held 2 factors so that a special election can be held: 1. Voting should have not taken place a. Did not open b. Premature closing c. Opened but resulted just the same for ballots cannot be counted 2. Will the outcome of election still b e affected If difference is kilometric no need for special election If neck to neck and holding of special election and it iwll infirnge the outcome of the election special election must be held Instances for SP: 1. When election is postponed; due to force majeure or emergencies 2. Declaration of failure of election; A petition must be filed to that COMELEC can declare and hold a special election 3. Filing up of vacancies; a. Congressman: vacancy must occur before the one year period before the next election If it did not occur before the one year period no need to do an SP Just assign a caretaker for the pork barrel to be used in the district b. Senator: vacancy arises before the midterm election, after the midterm election no more Ex. Lapid vacates his position before 2013 the vacancy can still be filled up
When: it must coincide w/ mid-term election The congress will declare and pass a law on vacancy The number 13 will take the position and serve for 3 years Serve the unexpired portion of the term Casting of ballots: Who will administer the election in precint level: BEI How many: 3 members Qualification: pub lic school teacher Absence: private school Absence: career service employee of good moral character AFP: cannot be BEI Ex. Mindanao PNP was designated For they are civilian in character
Other functions: to count the ballots They are in direct contact w/ the ballots Q: illiterates
A: they can vote, but they must be assisted by literate votes Under the law congress must enact a law so they can vote w/o Who can assist: a. Family member: a maximum of 3 family members b. BEI members c. House helper d. Driver (same condition)
Q: house hold helpers: A: yes, as long as person of confidence of illiterate person and live-in Duty: starts 7am – 3pm manual or 6p m if automated If the clocks strikes 3pm and 10 are still waiting they can still vote Strikes 3 and 2 more came they can n o longer vote BEI must count the votes in the precint level Before counting: they must determine the number of votes based on the number of registered voters 100% is statistically improbable as voter turn out 90-91% is still acceptable Q:Normally 200 ballots are issued, If only 140 ballot are used the remaining 60 are called A: unused ballots Q:70% casted but when the poll clerk counted it became 145 what do you call the 5 A: excess ballots Rule in disposing: do not count them Poll clerk w/o looking the content of ballot will pick 5 and place them in the unused ballot compartment Note: unused is not the same w/ excess Q: marked ballot A: contains unnecessary markings the purpose of w/c is to identify the voter Q: Examine the pile of ballots, the first has signature is it MB A: it depends whose signature 1. Appears at back and BEI chairman, mandated by law to affix the signature it is not MB 2. If the signature of the voter to identify the voter it is a MB Q: failure of chairman to affix his signature upon th e ballot A: ballot remains valid even if no signature of chairman Q: effect upon the chairman A: violation of election offense administrative in n ature Q: stray ballots A: no stray ballot but stray vote SV: applies only to vote in the ballot (illegible, cannot read etc. This is stray vote) Appreciation of the ballots 1. Idem Sonams: name s of the candidate sounds the same way Councillor Tabangin Written is Tabingan You can credit is as vote of Tabangin under IDEM SONAMS 2. Neighborhood or proximity rule GR: the name of the candidate must be written on the space provided for BRGY CAPTAIN: blank BRGY KAGAWAD: Velasco No candidate for BK as Velasco but he is BC then credit under NR
BC: blank BRGY: KAGAWAD: Panda BK: Velasco Can no longer credit
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Note: Wrote Velasco in upper right hand corner it can no longer be credited under the rule 3.
2 candidates for councillor Carlos Ortega Mario Ortega Vote casted: Ortega This is a stray vote w/c cannot be coun ted Same case 2 Ortega casted Credit one for Carlos and other one for Mario the intention is to vote for the two
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Equity of the incumbent rule Carlos re-electionist and Mario new candidate VC: Ortega Credit it to Carlos
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Block voting rule Senators: Abad Sotto Cayetano Enrile Estrada
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They have own rules: 1. Congress has its own rules 2. All others COMELEC rules Note: Because all the BOC except congress are inder the control and supervision of congress Problems: 1. Missing returns Copy of ER did n ot reach BOC Remedy: Use other authentic copies for there are at least 8 copies of ER 2. ER full of snow paints Tampered returns Remedy: do not order a recount use o ther authentic copies Note: All ER missing Remedy: order a recount
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Voter wrote Cayetano and both are running for the 1 time Under the BV rule He voted all other party mates If the other names are members of the NP then the Cayetano member of NP shall be considered 6.
Party-list: COMELEC en banc Provincial: provincial BOC City: City BOC Municipal: either municipal or city BOC Normally the chair is the election superviso
Predominance of Surname Rule Enrique Hill Hill Santos Councillor: vote is Hill only Credit it to Enrique Hill
When all the votes are counted they have the du ty to announce the outcome Candidate A: 1 Candidate B: 10 Effect of announcement: they can no longer effect changes w/o the consent of COMELEC if not yet announced they can still change errors Output of BEI: ER Election returns Law mandates them to post 1 copy of ER in the polling place w/ 48 hou rs of the election The other ER: a. One intended for board of canvassers b. One for the political party
ER for the BOC: a. They have to be placed in envelope b. Closed and sealed c. Signed by BEI d. Placed in ballot box w/c is padlocked e. Personally delivered by BEI to BOC
Incomplete returns Remedy: order the BEI to complete the entries in the ER Discrepancy in ER in figures and words Remedy: order the recount of ballots
T Output of BOC: COC Certificate of Canvass – required to post a copy on the canvassing centre w/in 48 hrs Q:Unauthorized removing of COC A: electoral sabotage Q: ER removed A: ordinary election offense Proclamation Principles: GR: there can be no proclamation if the canvass is not yet completed Basis: is the complete and no t incomplete canvass EX: if uncanvassed results will no longer affect the outcome of election Winning 50K Losing 5 votes Who shall be proclaimed: the winning What if losing is proclaimed: liable for election of offense of failure to proclaim How to determine winning: plurality of vote (highest number of vote)
Q: Tie vote A: term sharing cannot be done How: 1. Occurs in position of President and VP One chosen by congress voting separately 2. All others: draw lots Toss coin Jack and Poy In all cases must be under the supervision of COMELEC
Pimentel Case: The ER was placed in box other than the Ballot box, the goons confiscated the Ballot box but not the Carton box. The BOC refused to accept SC: the absence of signs of tampering the envelope containing the ER shall still be subject to canvassing
Q: Suppose the WC is facing a disqualification case can he be proclaimed A: yes, since the DQ is not finale he can be 1. Voted upon 2. Proclaimed The DQ case will continue If ordered disqualified: he will vacate
BOC: depends on level 1. President and VP: congress jointly 2. Senator COMELEC en banc
Rejection of 2nd placer doctrine: 2nd placer cannot be proclaimed as winner Reason: he is a loser
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Who will take over: successor Mayor – VM VM- No.1 councillor
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Illegal composition of BOC and Illegal proceedings in BOC ER: Preparation, receipt, custody and transmission of ER
A: Only one issue: Illegal composition and illegal proceeding in BOC Cayat case: it is the 2 nd placer who was ordered to take over the DQ position RSPD: presupposes that there are at leat 2 candidates the winner and loser But in case at bar the doctrine is not applicable the winner is ordered disqualified w/in 23 days before election MR: he failed to pay the docket fee, thus the MR did not prosper the decision became final before election in election day there is only one candidate Only one vote is needed if you are unopposed Cayat is deemed disqualified and not candidate RSPD: multiple positions No.8 disqualified the No. 9 is like 2nd placer and also loser Remedy: he has to be appointed
Effect if candidate is proclaimed: fight is finished
M: statistical improbability can be a ground But not the things that has something to do w/ BOC: Vote buying Terrorism of voters but not when the BOC
3. As to jurisdiction M: GR – COMELEC division w/c is QJ If issue is IC/IP to the BOC and appeal to COMELEC div There is still hearing although summary Evidences in deciding pre-proclamation Only the records elevated by the BOC to CD shall be considered New evidences are prohibited Reason: they will only check if the BOC did the right thing Termination: Automatic under the law: when June 30 sets in (the 1st day of assumption of office of WC) If no resolution by COMELEC the case is dismissed The decision of BOC is deemed affirmed Terminated in favor of WC Can still file election protest or quo-warranto Note: it tolls the running of prescriptive period of EP and QW
Situations: If you are counsel of WC the primary concern: to secure the immediate proclamation of the WC If the other side or LC: prevent the proclamation of the WC (LEGALLY) 1. File a pre-proclamation controversy but not applicable to all candidates Manual only provincial, city and municipal Not presidential and national positions 2. Petition to suspend the proclamation Grounds to suspend: a. WC facing a DQ case and evidence of guilt is stron g Nuisance candidate Violation of election code Falsity in the COC b. Pending petition to cancel or deny due course his COC Q: petition denied? 3. Petition to annul the p roclamation Grounds to annul: a. The canvass is not yet complete and the uncanvassed results will affect the election b. There can be a manifest error in the tabulation of votes o r computation Note: Both petitions will toll the period of filing an election protest Period of EP: 10 days
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Declaration of failure of election Suppose in 1 precint only ¼ casted their votes As long as voting took place to failure of election Low turnout does not mean failure of election Q:Statistical improbability A: can be a ground 1k votes in 1 precint Q: 0 number of votes by one candidate SI A: not necessarily Except Bally wick doctrine: if it is your hometown and that is where you voted and your clan It is statistically improbable
Pre-proclamation Q: automated election A: yes but qualify 1. As to coverage Manual: only city provincial and municipality Automated: all except BRGY
2. On the issues that is raised M: 2 kinds of issues
According to DEAN: If there is order o f SC or COMELEC the pre proclamation controversy may still continue by way of exception in meritorious cases Election protest or quo-warranto case: Q; can there be simultaneous filing A: Yes allowed under the rules Issue: is whether they can be joint or separately filed A: depends upon the rules 1. Those governed by rules of court: RTC and MTC tribunals: while it allows simultaneous filing it does not allow joint filing If jointly filed they shall be ordered filed separately 2. The others HRET: allow joint filing (want cases consolidated they are not courts but QJ)
Q: distinction bet EP and QW A: the following are the distinctions 1. Purpose of petition EP: to determine the real winner of the election QW: is to oust from office the WC 2.
Grounds EP: the grounds a) Irregularity b) Fraud committed before, during or afrter the election QW: ineligibility and disloyalty in the RP( convicted of espionage)
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Period to file EP 3 levels a) President and VP: 30 days from proclamation b) Senators from proclamation: 15days c) All others: 10 days QW: all are 10 days from proclamation
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Who can file EP: only losing candidates as GR QW: any registered voter Local: local voter
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It can be filed by LC because he also a registered voter filing it as voter and not candidate Who among LC can file President, VP, governor, mayor, VM, VG and Punong BRGY: only the 2nd and 3rd in rank FPJ can he substituted by Susan: no because Mrs. POE is not 2nd and 3rd in rank not even a candidate Multiple positions: councillors or board members Next 4 in rank after the WC SB: the no. 9, 10, 11 , 12 Senator and Congressman: any losing candidate for the HRET and SET rules are silent
Q: In pre proclamation controversy June 30 set in what is remedy of petitioner A: election protest Without prejudice of right of petitioner to file EP
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Effect upon the winning petitioner EP: he will assume the position If declared winner the losing will vacate QW: the winning p etitioner will not assume Apply rule on succession or special election as the case maybe
Note: simultaneous vacancy of both the P and VP there will be SP Except if it arises w/in 18 months of next p residential election Election Protest Jurisdiction: Original jurisdiction: P/VP: PET-SC constitution not PET SC: it is another QJ body Macalintal case: he was e stopped because he appeared b efore the PET many time SET: senators HRET: representatives both party-list and the district Provincial or city COMELEC division Muni: RTC BRGY: MTC SK: MTC
Appeal: RTC & MTC: appeal to COMELEC div – MR to COMELEC EB COMELEC EB, SET, HRET – certiorari to SC Remedies:
Q:You are the counsel of a losing petitioner or protestant for governor Jurisdiction: COMELEC div Remedy: MR to the en banc Q: What if your candidate/ client is a protestant for mayor-municipal Jurisdiction: RTC (original) Remedy: COMELEC div MR is applicable only to provincial, city and national BRGY-Municipal MR is not allowed you must appeal to COMELEC div Q: Reglamentary period for the RTC to decide cases pending before it – Municipal officials A: 6 months from filing, all RTC according to the rules of procedure If not finished it will not oust RTC of jurisdiction for jurisdiction ones acquired Q: Suppose you are the protestant and you won the protest, protestee appealed the decision of the RTC – CD, remedy as winning protestant? A: in order to sit is execution pending appeal (EPA) To prevent the proclamation of WC must file: 1. Suspend the proclamation 2. File a pre-proclamation controversy (it must be covered by PPC) Note: the inapplicability Q: Suppose a WC has a pend ing petition against him to cancel his COC what remedy is available to him Remedy: petition to suspend the proclamation
Q: What remedies or petition will suspend the reglamentary period of filing EP 1. Pre proclamation controversy 2. Petition to suspend proclamation 3. Petition to annul proclamation Election offenses: any violation of the penal pro vision of the election code will amount to election offense
2 kinds 1. 2.
Criminal Administrative or electoral
Distinctions: Quantum of proof AE: is easier to prove quantum of proof is substantial evidence While criminal needs proof beyond reasonable doubt
Jurisdiction Criminal: RTC AE: COMELEC En Banc Q: Before a case is filed at the RTC what must the accused undergo A: preliminary investigation To determine probable cause Q: who is given the power in election offense A: COMELEC en banc Delegated to COMELEC law department Under the doctrine of sub-delegation of authority findings will be forwarded to CE Then case will be filed to RTC Q: Provisions of automated election law is to give concurrent jurisdiction to what agency A: DOJ Findings of joint committee was subject to the approval by the COMELEC en banc (CE) Give a semblance that it is CE who has the final say Electoral sabotage Offenses may be committed or classified as to the one who committed the same 1. Candidate 2. Public officer who is not candidate 3. Any person who is not even a voter
Any election ban activity are all criminal in nature a. Gun ban b. Liquor ban c. Ban on appointments committed by an officer Q: The governor during the election ban appointed a SB member liable? A: NO. position is elective thus he is not liable 1. The position must be appointive 2. Mere appointment is not what is prohibited but the lack of consent of COMELEC 3. This includes transfer or detail Q:Certificate of canvass must be po sted and unauthorized removal is an EO A: Electoral Sabotage Q: ER is removed A: not ES, only the COC unauthorized removal constitutes ES Other electoral sabotage 1. Making counterfeit, bogus certificate of canvass and election return
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Whether in hard copy or d igital form Who will sign COC: BOC and Where to sign: canvassing centre If they affix their signature outside of canvassing area or centre Offense: ES Dagdag Bawas or Vote sharing and vote padding But not all acts of VSVP amount to ES What specific act: 1. if the vote shaved and padded exceed 5k vote per document it is ES Who: the BOC and not BEI 2. exceed 10k regardless of number of do cuments 3. even if by one VSVP regardless of number of votes under the condition: a. that the candidate is national candidate President, VP, Senator and Congressman b. by reason of VSVP the candidate lost the election even if by one vote only
Penalties: Non-bailable Non probationable Punishable by life imprisonment
Note: COMELEC can grant immunity w/c is transactional immunity in AE or criminal Cannot be interfered by the court Prescriptive period f or election offense 5 years from the date of commission 5 years from date of finality of EP : if the offense is discovered by reason of election protest
Review of the past: Q:A candidate proclaimed refused to assume office Consequences: 1. He will forfeit the office or the office is deemed vacated: office 2. Abandonment of office under the RPC: officer is liable Note: effect upon the office or officer
Q: All violation of the election code it carries w/ It an accessory penalty A: both DQ to vote and voted upon Q: convicted of EO remedy is A: apply for pardon o r executive clemency Granted by: President upon recommendation of the COMELEC (en banc) CE: because it is not a QJ function Grounds for dismissal of election protest: Not sufficient in form and substance: a. lacking verification and/or CONFS b. for jurisdictional allegations are not present 1. filed by proper party-in-interest (losing candidate and who was voted upon) 2. the WC must be proclaimed and date of pro clamation 3. specify in the p leading the precint where the allege irregularity happened 4. payment of docket fee
Q: Suppose there was a proclamation based on incomplete canvass Remedy: annulment of proclamation Remedy as BOC if ER is incomplete: order BEI to complete Q: where to bring at 1 st instance illegal proceedings and illegal composition A: BOC – appeal it to COMELEC div Q: Suppose an election is not held due to terrorism A: petition to declare failure of election Note: the grounds for PDFE
Q: remedy if the issue raised is statistical improbability and district congressman is involved A: petition for correction of manifest errors on ground of statistical improbability Jurisdiction: COMELEC en banc by way of exception although QJ function 2 QJ where CE has original: 1. MR of decision of CD 2. Petition for correction of manifest error
