Rule-Making

Power


BASIC CONCEPTS
Rule-making Power (Power of o A power given to administrative
Subordinate Legislation) agencies to issue or promulgate rules
and regulations which are necessary to
carry out their functions

Rules and Regulations o Those issued by administrative or
executive officers in accordance with
and as authorized by law, otherwise
they become ultra vires

Rationale o Administrative agencies have:
§ technical expertise/competence
§ they specialize on this field; and
§ they have all the time and opportunity
to handle these matters exclusively

Necessity o In order to adapt to increasing
complexity of modern life and variety
of public functions
o An exception to separation of powers
and non-delegation of powers


PRINCIPLE OF NON-DELEGATION OF POWERS
General Rule o Postestas delegate non delegari
potest

Basis o The ethical principle that a delegated
power constitutes not only a right but
also a duty to be performed by the
delegate in the exercise of his own
judgment and not through the
intervening mind of another
o Delegated Power = (Right + Duty) –
Further Delegation = Negation
o Further delegation of the duty
consists a negation of the same
o Not only a right, otherwise it becomes
discretionary to delegate it further or
not

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Five Instances When Delegation of o Delegation of tariff powers to the
Legislative Powers Is Allowed President
o Delegation of emergency powers to
the President
o Delegation to the people at large
o Delegation to local governments
o Delegation to administrative bodies

THREE ISSUES ON RULE-MAKING POWER
Permissibility of WON there is: Instances of Valid Delegation
Delegation § Legislative grant of § Delegation of tariff
authority powers to the President –
§ To administrative bodies Sec 28(2), Art VI
§ To issue rules and § Delegation of emergency
regulations powers to the President –
Sec 23(2), Art VI
§ Delegation to the people
at large – Sec 32, Art VI
§ Delegation to local
governments – Sec 3, Art X
§ Delegation to
administrative bodies – by
legislative act (enabling
law) or by necessary
implication
Validity of WON the grant meets the: Completeness test
Delegation § Completeness test • A statute is complete
§ Sufficient Standard test when it leaves the
legislature (the subject
and the manner and the
extent of its operation are
stated in it) such that
when it reaches the
delegate, the only thing he
will have to do is to
enforce it
• Whether the provision is
sufficiently definite and
certain to enable one to
know his rights and
obligations thereunder
Sufficient standard test
• There must be adequate
guidelines or limitations
in the law to map out the

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 boundaries of the
delegate’s authority and
prevent the delegation
from riot
Validity of WON rules and regulation Requisites of a valid
Exercise conform with: administrative issuances:
§ What the statute provides, § Must not be inconsistent
and with the Constitution
§ Whether it is reasonable (Sutton)
§ Must not be inconsistent
with statute (SolGen)
§ Cannot amend an act of
Congress (De La Serna)
§ Cannot exceed provision
of laws (BFHI)
§ Must be uniform,
reasonable; not unfair or
discriminatory
(Lupangco)

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 QUASI-JUDICIAL POWER

BASIC CONCEPTS
Quasi-judicial power It involves the power to hear and
(adjudicatory power) determine, or ascertain facts and
decide by the application of rules to the
ascertained facts


3 ELEMENTS OF ADJUDICATORY POWERS
1. Specific parties It involves the rights, duties, and
obligations of specific individuals and
persons
2. Adjudication by person other Power or function that partakes of the
than a judge judicial, but is exercised by a person
other than a judge
3. Adjudication by agency other Convenient way to justify exercise of
than a court judicial power by an administrative
agency

JURISPRUDENCE
PRINCIPLE ILLUSTRATIVE CASES
1. Office of the public prosecutor is Pres Anti-Dollar Salting Task Force
not a quasi-judicial body vs CA
PADS TF was not meant to exercise
quasi-judicial functions (try and decide
claims and execute its judgments). As
the President’s arm called upon to
combat “dollar salting” or the black
marketing and salting of foreign
exchange, it is tasked alone by the
Decree to handle the prosecution of
such activities, but nothing more
2. Prosecutor is a quasi-judicial Cojuangco vs PCGG
officer While the investigating officer, strictly
speaking is not a judge by the nature of
his functions, he is and must be
considered to be a quasi-judicial officer
3. Not every function wherein Santiago vs Bautista
judgment and discretion are Before tribunal, board, or officer may
exercised is a judicial function exercise judicial or quasi-judicial acts,
there should be a law that gives rise to
some specific rights of persons or
property under which adverse claims
to such rights are made, and the

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 controversy ensuing therefrom is
brought, before the tribunal, board or
officer clothed with power and
authority to determine what that law is
and thereupon adjudicate the
respective rights of the contending
parties

STEPS TO THE EXERCISE OF QUASI-JUDICIAL POWER
First step Ascertain facts from pleadings and
from evidence adduced
Second step Determine what the applicable law is
and what are the legal rights of the
parties
Third step Decide controversy and render
judgment thereon

JURISPRUDENCE
Principle Illustrative Cases
1. Doctrine of exhaustion of remedies Smart vs NTC
applies only where the act of In questioning the validity of rule or
administrative agency was regulation issued by an administrative
performed pursuant to its quasi- agency, party need not exhaust
judicial function administrative remedies before going
to court. This principle applies only
where the act of administrative agency
was performed pursuant to its quasi-
judicial function
2. Jurisdiction to order a lessee to Guerzon vs CA
vacate leased premises is vested in There is nothing in PD 1206 that would
the civil courts in an appropriate suggest that the same or similar
case for unlawful detainer or accion jurisdiction has been granted to
publiciana Bureau of Energy Utilization. BEU’s
jurisdiction is limited to cases
involving violation or non-compliance
with any term or condition of any
certificate, license or permit issued by
it or any of its orders, decisions, rules
or regulations
3. Administrative body my be vested Antipolo Realty vs NHA
with exclusive original jurisdiction Before tribunal, board or officer may
on certain disputes falling within its exercise judicial or quasi-judicial acts,
expertise there should be a law that gives rise to
some specific rights of persons or
property under which adverse claims

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 to such rights are made, and the
controversy ensuing therefrom is
brought, before the tribunal, board, or
officer clothed with power and
authority to determine what that law is
and thereupon adjudicate the
respective rights of the contending
parties.
CLASSIFICAION OF ADJUDICATORY POWERS
Kind Definition Example
1. Enabling To permit or allow • grant or denial of
something which the law license (business or
undertakes to regulate occupation)
• issuance of securities
or certificate of public
convenience
2. Directing To issue orders directing • Power of assessment
parties to conform to of the BIR or BOC
governing statutes or • Reparations under the
rules public utility laws
• Awards under the
workmen’s
compensation laws
3. Dispensing To exempt from general • Zoning Boards – may
prohibitions or relieve vary provisions of
individual from zoning authorities
affirmative duty • Phil Army Acceptance
Board – relieve certain
person from military
training
4. Summary To apply compulsion to • Abatement of nuisance
effectuate legal purpose • Restraint or levy of
without judicial warrant property of delinquent
taxpayer
5. Equitable Power to make proper • Cease and desist order
application of rules and
equity

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 JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS

MATRIX OF ADMINISTRATIVE DOCTRINES
Doctrine Meaning Function Application Rationale
Primary When Determines Quasi- - take
Jurisdiction competence who initially judicial or advantage of
(prior resort) or jurisdiction decides adjudicatory expertise and
is vested upon functions specialization
an - attain
administrative uniformity of
body to act application of
upon a matter, regulatory
no resort to laws
the courts
may be made
before such
administrative
body shall
have acted on
the matter
Exhaustion of If there is an Determines Quasi- - obviates
Administrative available the timing of judicial or resort to
Remedies remedy judicial adjudicatory courts
within the review function - give agencies
administrative the chance to
level provided correct its
by law, no errors
judicial - principle of
recourse can comity and
be made until convenience
all such
remedies have
been availed
of and
exhausted
Ripeness for When the Determined Rule-Making - prevent
Review interest of the the timing of power premature
plaintiff is judicial adjudication
subjected to review - protection
or imminently from judicial
threatened interference
with
substantial
injury

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 DOCTRINE OF PRIMARY JURISDICTION
Illustrative cases:
- Villaflor vs CA
- Commissioner vs Navarro
- Centeno vs Centeno
- Nuesa vs CA
- Regional Director vs CA

DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES
General Rule Resort first to appropriate administrative authorities
in the
Exceptions 1. Administrative Exhaustion is not a
remedy is merely condition sine qua non
permissive Corpus vs Cuadreno
2. Purely legal Interpretation of law is
questions within the court’s
prerogative
Madrigal vs Lecaroz
3. Patently illegal act Lack or excess of
jurisdiction
Cabada vs Alunan
4. No administrative Ripeness for review
order yet Datiles vs Co
5. No other plain, Urgency of situation
speedy, or adequate NFA vs CA
remedy
6. Nullification of claim Time is of the essence
Gravador vs Mamigo
7. Qualified political Redundant exercise (the
agency secretary is the alter ego
of the President)
Almine vs CA
8. Constitutionality of Judicial prerogative
Rules and Regulation Smart vs NTC
9. Result to irreparable Self-preservation
damage or injury to UP Board of Regeant vs
plaintiff Rasul
10. Strong public To avoid uncertainty
interest is involved Arrow Transpo Co vs
BOT
11. Estoppel (party who Agency is bound by its
invokes is in actions
estoppel) Tan vs Veterans
Backpay Commission

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QUESTIONS OPEN TO REVIEW
Question Meaning Rule
1. Questions of Law When doubt or - Administrative agency
difference arise as to determines facts of a
what the law is controversy and apply
pertaining to a certain the law o those facts
state of facts - Reviewing court
decides whether or not
the correct rule was
applied to the facts
found and whether
there was evidence to
support the findings
made
2. Questions of Fact When doubt or GR: questions of fact is
differences arise as to the conclusive and not
truth or falsity of alleged subject to review by the
facts courts if supported by
substantial evidence
Exceptions:
- When expressly
allowed by law
- Fraud, imposition, or
mistake other than
error in judgment
- Error in appreciation of
pleadings and
interpretation of
evidence submitted
3. Questions of Law and Where what purports to - Both findings are
of Fact be a finding of question subject to judicial
of fact is so involved with review
and dependent upon a - Courts may substitute
question of law as to be its judgement for that of
in substance and effect a the
decision on the latter

Example: WON a
nuisance

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 ADMINISTRATIVE PROCEEDINGS

BASIC CONCEPTS
Rules of Procedure Every quasi-judicial body has its own
rules of procedure which it issues as
guides in its adjudication of cases filed
with it
Basis of Formulation • Nature of administrative bodies
• Purpose for which they are
organized
• Persons who compose them

POWER TO ISSUE RULES OF PROCEDURE
Constitution • Art VIII, Sec 5(5) “Rules of
procedure of quasi-judicial
bodies shall remain effective
unless disapproved by the
Supreme Court
Conferring Law • Law creating
• Express grant of power to
promulgate its rules of
procedure
By Implication

CHARACTERISTICS OF ADMINISTRATIVE PROCEEDINGS
1. Adversarial Results in an order in favor of one
person against another
2. Quasi-judicial • Taking of evidence
• Determination of facts
• Adjudication
3. Civil in nature Civil rather than criminal in nature
4. Not an action in law Not a private one but a public one with
public ends
5. Rules of Court apply Sec 2, Rule 18 (Pre-trial); amicable
suppletorily settlement; referral to arbitration
6. Technical Rules of Court are not Decisions may be reached on the basis
applied with rigidity of position papers only

Bantolino vs Coca-Cola
7. Supreme Court may modify Art VIII, Sec 5(5) - Promulgate rules
Rules of Procedure concerning the protection and
enforcement of constitutional rights,
pleading, practice, and procedure in all
courts, the admission to the practice of

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 law, the integrated bar, and legal
assistance to the underprivileged. Such
rules shall provide a simplified and
inexpensive procedure for the speedy
disposition of cases, shall be uniform
for all courts of the same grade, and
shall not diminish, increase of modify
substantive rights. Rules of procedure
of special courts and quasi-judicial
bodies shall remain effective unless
disapproved by the Supreme Court.

First Lepanto vs CA
8. Quantum of Proof (Substantial Such evidence as a reasonable mind
Evidence) may accept as adequate to support a
conclusion

HEIRARCHY OF EVIDENTIARY RULES
Proof beyond reasonable Proof of such a Criminal proceedings
doubt convincing character that
you would be willing to
rely and act upon it
without hesitation
Clear and convincing Evidence presented by a Habeas corpus
evidence party during the trial
must be highly and
substantially more
probable to be true than
not and the trier of facts
must have firm belief or
conviction of its
factuality
Preponderance of Just weigh the evidence Civil case
evidence of the parties. Whose
evidence has the greater
waeight?
Substantial evidence Such evidence as a Administrative
reasonable mind may proceedings
accept as adequate to
support a conclusion

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 REQUIREMENTS OF ADMINISTRATIVE PROCEEDINGS
(Villa vs Lazaro)
1. Right to notice, be it actual or Paterok vs BOC posting in bulletins
constructive, of the institution
of the proceedings that may
affect a person’s legal right
2. Right to reasonable opportunity Lumiqued vs Exevia counsel
to appear personally or with the
assistance of counsel and
defend his right and to
introduce witnesses and
relevant evidence in his favor,
by testimony or otherwise, and
to controvert the evidence of
the other party
3. Right to a tribunal vested with Casimiro vs Tando right to be heard
competent jurisdiction, so
constituted as to give him
reasonable assurance of
honesty and impartiality
4. Right to a finding or decision by Globe vs NTC order of the NTC failed to
that tribunal supported by sufficiently explain
substantial evidence presented
at the hearing or at least
ascertained in the records, or
disclosed or made known to the
parties affected

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 ELECTION LAW
CHAPTER 1
SUFFRAGE, ELECTION & REGISTRATION OF VOTERS
DEFINITION OF TERMS
ELECTION a. The means – process or system
b. By which the people – true
sovereign
c. Choose their officials – selection
d. For a definite and fixed period –
term of office
e. The exercise of the power of the
government – legislative,
executive
SUFFRAGE a. The right to vote – citizen’s
participation
1. In the election of all officer
chosen by the people – general
or special election
2. And in the determination of all
questions submitted to the
plebiscite or referendum,
initiative, recall
a. Suffrage is a broader term because
it includes participation not only
in the election of public officers
but also in the plebiscite or
referendum on a proposed law
enactment
b. Election is limited to expression of
voter’s choice in the selection of
officials

SCOPE OF SUFFRAGE
ELECTION a. Expression of the sovereign will of
the people
b. Involving the choice or selection
of candidates to public office by
the popular vote
PLEBISCITE a. Election at which any proposed
amendment to, or revision of the
constitution
b. Is submitted to the people for
their ratification
REFERENDUM a. Submission of a law passed by the
national or local legislative body

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 to the registered voters
b. B. At an election called for that
purpose for their ratification or
rejection
INITIATIVE a. Process whereby the registered
voters directly propose, enact law
(national, local)
RECALL a. Method by which a public officer
may be removed of tenure before
the expiration of his term
b. by a vote of the people after
registration of people after
registration of a petition signed by
required percentage of the
qualified voters

TWO KINDS OF ELECTION
GENERAL a. one provided for by General elections – may 9,
law 2016
b. for the election of Covers: President, VP,
officers throughout senate, HOR
the state, or certain LGUs: ARMM
subdivisions thereof
c. after the expiration
of the full term of
the former officers
SPECIAL a. one provided by law RA 7166 (nov. 1999) –
b. under special vacancy in the HOR
circumstances before 1 year before the
c. such as when an end of the term
election is held
1. to fill vacancy in Special election – not
the office – earlier than 60 days not
death, later than 90 days from
resignation, occurrence of vacancy
permanent
disability
2. OR when certain
proposal is
submitted to the
vote of electors –
referendum or
plebiscite

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 SYSTEM OF ELECTION ADOPTED IN THE PHILIPPINES
SYSTEM USED Australian system
CONCEIVED BY Francis S. Dutton, MP of South Australia
FEATURE Strict secrecy in balloting
LEGAL BASIS Sec. 2 Art V 1987 – The congress shall
provide a system for securing the
secrecy and sanctity of the ballots

THEORIES ON SUFFRAGE
Natural right a. Inherent right of This view dominated USA
every citizens and France political
b. By virtue of his thought in the 18th
membership in the century
state
c. Who is not
disqualified by
reason of his own
reprehensible
conduct or unfitness
Social expediency a. Public officer or Not right, but duty
functions enjoined upon sum
b. Conferred upon citizens
those fit and capable
of discharging it
Tribal a. Suffrage is a Not a natural right but
necessary attribute accrues only when one
b. Of membership in became member of the
the state state
Feudal a. Vested privilege Before in most US states –
b. Usually only Caucasian males
accompanying the who owned at least 50
ownership of the acres of land
land
ethical a. Necessary and Indicative of political
essential means maturity
b. For the
development of the
society

PHILIPPINE THEORY ON SUFFRAGE
A right a. Expression of the Sec I Art II of 1987
sovereign will of the Constitution – the
people Philippine is a democratic
and republican state.
Sovereignty resides in the

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 people and all the
government authority
emanates from them
A privilege a. Not granted to Sec I Art V, 1987
everybody but to Constitution – suffrage
such persons as are may be exercised by all
most likely to citizens of the Philippines
exercise it for the not otherwise disqualified
common good by law, who are at least
18 years of age, and who
shall have resided in the
Philippines for at let 1
year and in the place
wherein they propose to
vote for at least 6 month
immediately preceding
the election
A duty a. Which every citizen Sec 4 BP 881 – it shall be
owes his country the duty of every citizen
to regist4r and cast his
vote

Sec 4 Art V 1973
Constitution – it shall be
the obligation of every
citizen qualified to vote
and register and cast their
vote

COMPARATIVE PROVISIONS ON SUFFRAGE
1935 1973 1987
CONSTITUTION CONSTITUTION CONSTITUTION
Basic provisions SEC 1 Art V - Sec 1 Art VI - Sec 1 Art V -
Suffrage may be Suffrage shall be Section 1. Suffrage
exercised by male exercised by may be exercised
citizens of the citizens of the by all citizens of the
Philippines not Philippines not Philippines not
otherwise otherwise otherwise
disqualified by law, disqualified by law, disqualified by law,
who are twenty- who are eighteen who are at least
one years of age or years of age or eighteen years of
over and are able to over, and who shall age, and who shall
read and write, and have resided in the have resided in the
who shall have Philippines for at Philippines for at
resided in the least one year and least one year, and

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 Philippines for one in the place in the place
year and in the wherein they wherein they
municipality propose to vote for propose to vote, for
wherein they at least six months at least six months
propose to vote for preceding the immediately
at least six months election. No preceding the
preceding the literacy, property, election. No
election. The or other literacy, property,
National Assembly substantive or other
shall extend the requirement shall substantive
right of suffrage to be imposed on the requirement shall
women, if in a exercise of suffrage. be imposed on the
plebiscite which The Batasang exercise of suffrage.
shall be held for Pambansa shall
that purpose within provide a system
two years after the for the purpose of
adoption of this securing the
Constitution, not secrecy and
less than three sanctity of the vote.
hundred thousand
women possessing
the necessary
qualifications shall
vote affirmatively
on the question.
Gender Male citizens only Citizens (no All citizens (no
distinction) distinction)
Age 21 years of age 18 years of age At least 18 years of
age
Residence At least 1 year – At least 1 year – At least 1 year –
Phil. Phil. Phil.
6 months – place to 6 months – place to 6 months – place to
vote vote vote
literacy Able to read and No literacy or No literacy or
write property property
requirement requirement

REQUISITES FOR THE EXERCISE OF SUFFRAGE
QUALIFIED a. All citizens of the Philippine –
SEC 1 ART V, CONSTITUTION liens not included
b. Not otherwise disqualified by law
– some disqualification for
registration of votes
c. C. Who are at least 18 years of age
– lowered to 18 from 21 years of

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 ge in the 1935 Constitution
d. And who shall have resided in the
Philippines for at least 1 year and
in the place wherein they propose
to vote for at least 6 months
immediately preceding the
election
DIQUALIFICATION (a) Any person who has been
Section 118 ART XII BP 881 sentenced by final judgment to
suffer imprisonment for not less
than one year (unless granted
plenary pardon or granted
amnesty). It may be automatically
reacquired 5 years after service
of sentence
(b) Act involving disloyalty against
national security – treason,
insurrection, rebellion, sedition
and firearm laws.
(c) Insane or incompetent persons
as declared by competent
authority – those who are
deprived of reasons

REQUISITES FOR THE EXERCISE OF SUFFRAGE
Registered in the list of voters a. Sec 10 RA 8189 -
Disqualifications. - The following
shall be disqualified from voting:
A qualified voter shall be
registered in the permanent list of
voters in a precinct of the city or
municipality wherein he resides
to be able to vote in any election.
b. Sec 6(2) RA 9189 - Qualified
citizens of the Philippines abroad
who failed to register under
Republic Act No. 8189, otherwise
known as the "The Voters
Registration Act of 1996", may
personally apply for
registration.....
c. Sec 4 BP 881 - It shall be the
obligation of every citizen to
register and cast his vote.

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 d. Sec 4 Art V, 1973 Constitution -
It shall be the obligation of every
citizen qualified to vote to register
and cast his vote.
No further qualifications a. No literacy – ability to read and
write
b. Property – objection against the
feudal theory
c. Other substantive requirement

PRE-ELECTION ELECTION PROPER POST-ELECTION
(before) (during) (after)
- Registration Casting of votes - Counting of votes
- Challenge Challenge of illegal votes - Board of elections
- Inclusion Records of challenges inspectors
- Exclusion and oaths - Appreciation of
- Voters qualification - Minute of voting ballots
- Certificate of and counting of - Election returns
candidacy votes - Announcement of
- Watchers - List of unused result and issuance
- Election campaign ballots of certificate of votes
- Election received
propaganda - Canvass and
proclamation
- Pre-proclamation
controversy
- Election protest
against proclaimed
candidate
- Original and
exclusive
jurisdiction
- Appellate
jurisdiction
- Requisite of election
protest
- Quo warranto, its
requisites
- Election offenses
- appeal

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 RELEVANT LAWS IN REGISTRATION
LAW TITLE EFFECTIVITY
BP 881 OMNIBUS ELECTION DEC 3, 1985
CODE
RA 8189 VOTER REGISTRATION JUNE 11, 1996
ACT OF 1996
RA 9189 OVERSEA ACT OF 2003 FEB 13, 2003
RA 10367 MANDATORY FEB 15, 2015
BIOMETRICS VOTERS
REGISTRATION

REGITRATION OF VOTERS
RATIONALE a. as a means of determining who possess the
qualifications of voters – requires the
examination of the claim of persons to vote on
the ground of possessing these qualifications
b. of regulating the exercise of the right to vote –
reasonable and convenient means
NECESSITY a. registration is essential to the exercise of the
right to vote
b. It is a part and parcel of the right to vote
c. Indispensable element in the election process
DIQUALIFICATION (a) Any person who has been sentenced by final
(SAME – SUFFRAGE) judgment to suffer imprisonment for not less
BP 881 sec 118 than one year (unless granted plenary pardon or
granted amnesty). It may be automatically
reacquired 5 years after service of sentence
(b) Act involving disloyalty against national Regardless of
the penalty
security – treason, insurrection, rebellion,
imposed
sedition and firearm laws.
(c) Insane or incompetent persons as declared by
competent authority – those who are deprived
of reasons

REGITRATION OF VOTERS
DUTY TO REGISTER SEC 4 BP 881 - It shall be the obligation of
every citizen qualified to vote to register
and cast his vote.
SEC 115 BP 881 – DEC 3, 1985 –
A. In order that a qualified elector
may vote in any election,
plebiscite or referendum,
B. he must be registered in the
permanent list of voters for the
city or municipality in which he

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 resides.

REGISTRATION a. accomplishing and filing for
Under oath registration; must be under oath
b. by qualified voter; Filipino, not
disqualified by law, at let 18 years
of age, at least 1 year – Phil, place
to vote – at least 6 months
immediately preceding election
c. before election officer of city or
municipality wherein he resides
d. including the same in the book of
registered voters- completer the
process of registration, now
considered registered voter
e. approval by election registration
board – hearings – quarterly;
XXXX
CONTINUING REGISTRATION SEC 3 RA 8189 –
a. personal filing of application of
registration of voters shall be
conducted daily in the office of
election officer during regular
office hours’
b. no registration shall, however,
be conducted during the
Allow comelec to prepare for the period starting 120 day before
election a regular election and 90 day
Avoid opportunity to commit fraud before special election
MANDATORY BIOMETRIC CAPTURE RA 10367
Reaction to the existence of Flying Voters
Yra vs. Abaño
Avoid double registration
One may be a qualified voter without exercising
No two persons have the same and exact
the right to vote
biometrics
Voter's Registration Machine (VRM) Qualification of candidates
- digital camera, signature pad, now include that he must be a
fingerprint scanner registered voter in order to be
allowed to run
Akbayan Youth vs. Comelec
Extension petitioned for is prohibited by Sec. 8 RA 8189

Macalintal vs. Comelec
Question on the residency requirement of Absentee Voters
Affidavit - voter has intention to return to the
Ph w/in 3
years after registration (domicile)
Doctrine on Separation of Powers - discretion of the
legislature to mandate the manner by which such is
executed
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 Chapter 3
CHALLENGE, INCLUSION, EXCLUSION, ANNULMENT OF BOOK OF VOTERS


CHALLENGES TO RIGHT TO REGISTER
WHO MAY FILE a. Any voter
b. Candidate
c. Representative of a political party
REQUIREMENTS a. Application in writing
SEC 18 RA 8189 b. Under oath
c. Proof of notice of hearing to
challenger and the applicant
d. State the grounds for challenge
PROCEDURE a. Hearing – 3rd monday of the
month
b. Decision – rendered before end of
the month
WHO CAN OPPOSE a. Filed not later than 2nd monday of
the month
b. Scheduled to be heard by election
registration board

PETITION FOR INCLUSION
WHO MAY FILE a. Any person whose application for
SEC 34 RA 8189 registration has been
disapproved by the board
b. Any person whose name has been
stricken out from the list
REQUIREMENTS a. Petition
SEC 34 RA 8189 b. certificate of disapproval of
applications
c. Proof of service of notice of
petition upon the board
WHERE TO FILE Municipal or metropolitan trial court
SEC 34 RA 8189
WHEN TO FILE a. At any time
SEC 34 RA 8189 b. Except 105 days prior to regular
election or 75 days prior to
special election
WHEN TO DECIDE Within 15 days after its filing
APPEAL a. Within 5 days from receipt of
notice
b. To RTC

c. Decide appeal within 10 days

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 from receipt
d. Decision is final and executory
(no MR)

PETITION FOR EXCLUSION
WHO MAY FILE a. Any registered voter
SEC 35 RA 8189 b. Representative of a political party
c. Election officer
REQUIREMENTS a. Sworn petition (stating name,
SEC 35 RA 8189 address, precinct of challenged
voter)
b. Proof of notice to the board
and to the challenged voter
WHERE TO FILE Municipal or metropolitan trial court
SEC 35 RA 8189
WHEN TO FILE a. At any time
SEC 35 RA 8189 b. Except 100 days prior to regular
election or 65 days prior to special
election
WHEN TO DECIDE Within 10 days after its filing
APPEAL a. Within 5 days from receipt of
notice
b. To RTC
c. Decide appeal within 10 days from
receipt
d. Decision is final and executory (no
MR)

COMPARISON (Challenge, Inclusion, Exclusion)
CHALLENGE INCLUSION EXCLUSION
WHO MAY a. Any voter a. Any a. Any registered
FILE b. Candidate person voter
c. Representative whose b. Representative
of a political applicati of a political
party on for party
registrati c. Election officer
on has
been
disappro
ved by
the board
b. Any
person
whose
name has

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 been
stricken
out from
the list
REQUIREMEN a. Application in a. Petition a. Sworn petition
TS writing b. certificate of (stating name,
b. Under oath disapproval of address, precinct of
c. Proof of notice of applications challenged voter)
hearing to challenger c. Proof of b. Proof of notice to
and the applicant service of notice the board and to the
d. State the grounds of petition upon challenged voter
for challenge the board
WHERE TO Election Registration Municipal or Municipal or
FILE Board metropolitan metropolitan trial
trial court court
WHEN TO a. At any a. At any time
FILE time b. Except 100
b. Except days prior to
105 days regular election
prior to or 65 days
regular prior to special
election election
or 75
days
prior to
special
election
WHEN TO Within 15 days Within 10 days after
DECIDE after its filing its filing
APPEAL a. Within 5 a. Within 5
days days from
from receipt of
receipt of notice
notice b. To RTC
b. To RTC c. Decide
c. Decide appeal
appeal within 10
within 10 days from
days receipt
from d. Decision is
receipt final and
d. Decision executory
is final (no MR)
and
executor

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 y (no
MR)


ANNULMENT OF BOOK OF VOTERS
WHO MAY FILE Sec 39 RA 8189 a. Any voter
Continuing registration b. Election officer
c. Duly resisted
political party

REQUIREMENTS Sec 39 RA 8189 a. Verified petition
Continuing registration b. stating the ground
GROUNDS Sec 39 RA 8189 a. Book of voters is
Continuing registration not prepared in
accordance with RA
8189
b. Book of voters is
prepared through
fraud, bribery,
forgery,
impersonation,
intimidation, force
or any similar
irregularity
c. Book of voters
contains data that
are statistically
improbable
LIMITATIONS Sec 39 RA 8189 a. Order, ruling,
Continuing registration decision annulling a
book of voters shall
not be executed 90
days before an
election
b. Order annulling
book of list of
voters shall not
constitute a ground
for a pre-
proclamation
controversy

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 CHAPTER 4
QUALIFICATIONS AND DISQUALIFICATIONS


QUALIFICATION OF CANDIDATES FOR NATIONAL ELECTIVE OFFICES
PRES. & VP SENATE HOUSE OF REP
BASIS SEC 2 ART VII SEC 3 ART VI SEC 6 ART VI
CITIZENSHIP Natural born Natural born Natural born
AGE At least 40 years At least 35 years At least 25 years
old on the day of old on the day of old on the day of
the election the election the election
LITERACY Able to read and Able to read and Able to read and
write write write
VOTER Registered voter Registered voter Registered voter in
REGISTRATION the district in
which he shall be
elected
RESIDENCE Phil. – at least 10 Phil. – not less Phili. - at least two
year preceding than 2 years (2) years before
election preceding election the day of the
election

QUALIFICATION OF CANDIDATES FOR LOCAL ELECTIVE OFFICES
GOV. & VICE MAYOR (HUC) MYOR &VM SP & SB
GOV. (CITY)
BASIS SEC 39 RA SEC 39 RA SEC 39 RA SEC 39 RA
7160 7160 7160 7160
CITIZENSHIP Citizen Citizen Citizen Citizen
AGE At least 23 At least 23 At least 21 At least 18
years old on years old on years old on years old on
election day election day election day election day
LITERACY Able to read Able to read Able to read Able to read
and write and write and write and write
Filipino or Filipino or Filipino or Filipino or
other local other local other local other local
language language language language
VOTER Registered Registered Registered Registered
REGISTRATION voter voter voter voter in the
district in
which he shall
be elected
RESIDENCE Resident of Resident of Resident of Resident of
province at city at least 1 city at least 1 city at least 1
least 1 year year year year
preceding preceding preceding preceding

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 election election election election

Phil. – not less Phil. – not less Phil. – not less Phil. – not less
than 2 years than 2 years than 2 years than 2 years
preceding preceding preceding preceding
election election election election

DEFINITION OF TERMS
CANDIDATE a. Any person
SEC 79(a) BP 881 b. Aspiring for or seeking an elective
office
c. Who has filed a certificate of
candidacy
d. By himself or through an
accredited political party
aggroupment or coalition of
parties
QUALIFICATIONS a. Condition or circumstance
b. That must be met or complied
with
c. To make a person suitable for a
particular position
DISQUALIFICATION a. The quality of not being suitable
b. For a particular position

DEFINITION OF TERMS
NATURL BORN CITIZEN a. Those who are citizens of the Philippines at the
SEC 2 ART IV time of the adoption of this Constitution
b. Without having to perform any act to acquire or
perfect their citizenship
c. Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon
reaching the age of majority
RESIDENCE Indicate a place of abode, whether permanent or
temporary
DOMICILE a. For the exercise of civil rights and fulfilment of
obligations
b. The domicile of natural person is their habitual
residence

DISQUALIFICATIONS
INCOMPETENT OR INSANE Declared as incompetent or insane by
competent authority
CONVICTION Sentenced by final judgement for
(subversion, insurrection, rebellion) subversion, insurrection, rebellion or

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 OR any offense for which he has been
CONVICTION sentenced to penalty of more than 18
(any offenses, 18 months or more – months imprisonment
imprisonment)
CONVICTION Sentenced by final judgement for a crime
(crime involving moral turpitude) involving moral turpitude
PERMANENT RESIDENT Sec 68 - Any person who is a permanent
or resident of or an immigrant to a foreign
IMMIGRANT country shall not be qualified to run for
(foreign country) any elective office under this Code,
unless said person has waived his status
as permanent resident or immigrant of a
foreign country in accordance with the
residence requirement provided for in
the election laws.


DISQUALIFICATIONS UNDER RA 7160
(Applicable to candidates for Local elective office only)

CONVICTION Sentenced by final judgement for a crime
(crime involving moral turpitude) involving moral turpitude
CONVICTION Or for an offense punishable by 1 year or
(offenses, 1 year or more – more of imprisonment within 2 years
imprisonment) after serving sentence
REMOVED FROM OFFICE Those removed from office s result of an
administrative case
CONVICTION Those convicted from office as a result of
(violation of oath of allegiance) an administrative case
DUAL CITIZEN Those with dual citizen
FUGITIVE Fugitives in criminal and non political
case here and abroad
PERMANENT RESIDENT Permanent residents in foreign country
or or those who have acquired the right to
IMMIGRANT reside abroad and continue to avail of
(foreign country) the same right after the effectivity of the
Local Government Code
INSANE OR FEEBLEMINDED Declared as incompetent or insane by
competent authority

COMPRISON OF 2 DISQUALIFICATION GROUNDS
SEC 40 RA 7160 (Local Government SEC 2 BP 881 (Omnibus Election Code) -
Code) - The following persons are This Code shall govern all election of
disqualified from running for any elective public officers
local position: SEC 12 BP 881 (Omnibus Election Code)

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 -Disqualifications
(a) Those sentenced by final judgment (a) for any offense for which he has been
for an offense involving moral turpitude sentenced to a penalty of more than
or for an offense punishable by one (1) eighteen months or for a crime involving
year or more of imprisonment, within moral turpitude
two (2) years after serving sentence;
(b) Those removed from office as a
result of an administrative case;
(c) Those convicted by final judgment for (c) has been declared by competent
violating the oath of allegiance to the authority insane or incompetent, or has
Republic; been sentenced by final judgment for
subversion, insurrection, rebellion
(d) Those with dual citizenship;
(e) Fugitives from justice in criminal or
non-political cases here or abroad;
(f) Permanent residents in a foreign (f) SEC 68 - Any person who is a
country or those who have acquired the permanent resident of or an immigrant to
right to reside abroad and continue to a foreign country shall not be qualified to
avail of the same right after the run for any elective office under this
effectivity of this Code; Code, unless said person has waived his
status as permanent resident or
immigrant of a foreign country in
accordance with the residence
requirement provided for in the election
laws.
(g) The insane or feeble-minded (g) Any person who has been declared
by competent authority insane or
incompetent

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 CHAPTER 5

CANDIDACY

Candidate?
Any person aspiring for or seeking an elective public office, who has filed a
certificate of candidacy by himself or through an accredited political party,
aggroupment, or coalition of parties. (Sec. 79, BP 881)

Certificate of Candidacy (COC) ?
Sworn document required to be filed by a person in order to be eligible for any
elective public office.

Contents of a COC? (Sec. 74, BP 881)

The certificate of candidacy shall state that the person filing it is announcing his
candidacy for the office stated therein and that he is eligible for said office;

• If for Member of Batasang Pambansa
o the province, including its component cities, highly urbanized city or
district or sector which he seeks to represent;
o the political party to which he belongs;
o civil status;
o his date of birth;
o residence;
o his post office address for all election purposes;
o his profession or occupation;
o that he will support and defend the Constitution of the Philippines and
will maintain true faith and allegiance thereto;
o that he will obey the laws, legal orders, and decrees promulgated by the
duly constituted authorities;
o that he is not a permanent resident or immigrant to a foreign country;
that the obligation imposed by his oath is assumed voluntarily, without
mental reservation or purpose of evasion; and
o that the facts stated in the certificate of candidacy are true to the best of
his knowledge.

Unless a candidate has officially changed his name through a court approved
proceeding, a certificate shall use in a certificate of candidacy the name by which he
has been baptized.
Not baptized in any church or religion? - name registered in the office of the local
civil registrar or any other name allowed under the provisions of existing law
In case of a Muslim? - Hadji name after performing the prescribed religious
pilgrimage:

Two or more candidates for an office with the same name and surname?

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Each candidate, upon being made aware or such fact, shall state his paternal and
maternal surname, except the incumbent who may continue to use the name and
surname stated in his certificate of candidacy when he was elected. He may also
include one nickname or stage name by which he is generally or popularly known in
the locality.

The person filing a certificate of candidacy shall also affix his latest photograph,
passport size; a statement in duplicate containing his bio-data and program of
government not exceeding one hundred words, if he so desires.

Requisite for Eligibility; Rules (Sec. 73, BP 881)
→ No person shall be eligible for any elective public office unless he files a sworn
certificate of candidacy within the period fixed herein.
→ A person who has filed a certificate of candidacy may, prior to the election,
withdraw the same by submitting to the office concerned a written declaration
under oath.
→ No person shall be eligible for more than one office to be filled in the same
election, and if he files his certificate of candidacy for more than one office, he
shall not be eligible for any of them.
→ However, before the expiration of the period for the filing of certificates of
candidacy, the person who was filed more than one certificate of candidacy may
declare under oath the office for which he desires to be eligible and cancel the
certificate of candidacy for the other office or offices.
→ The filing or withdrawal of a certificate of candidacy shall not affect whatever
civil, criminal or administrative liabilities which a candidate may have incurred.





Cases:

Doctrines
“….. after the people have expressed their will honestly, the result of
the election cannot be defeated by the fact that the respondent who
was certified by the provincial secretary to be a legal candidate for
De Guzman v. the office of provincial governor, has not sworn to his certificate of
Board of candidacy.”
Canvassers
48 Phil 211 Formal defects in the certificate of candidacy. While the certificate
of candidacy is required to be under oath, the election of the
candidate cannot be annulled on the sole ground of formal defects
in the certificate, such as lack of the required oath.
“…..Sec. 39, par. (a), of the Local Government Code of 1991, earlier
quoted, that the law does not specifically require that the candidate

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 must state in his certificate of candidacy his Precinct Number and
the Barangay where he is registered. Apparently, it is enough that he
is actually registered as a voter in the precinct where he intends to
vote, which should be within the district where he is running for
office.”
Jurilla v.
COMELEC The omission by a candidate to indicate in his certificate of
G.R. No. 105436, candidacy his precinct number and particular barangay where he
June 2, 1994 is a registered voter, is not sufficient ground to disqualify the
candidate, because the Local Gov’t Code does not require these
data to be indicated in the certificate. It is enough that he is
actually registered as a voter in the precinct where he intends to
vote, which should be within the district where he is running for
office.

Effects of filing a certificate of candidacy
• Candidates holding appointive office or positions. - Any person holding a
public appointive office or position, including active members of the
Armed Forces of the Philippines, and officers and employees in
government-owned or controlled corporations, shall be considered ipso
facto resigned from his office upon the filing of his certificate of
candidacy. (Sec 66, BP 881)
• Candidates holding elective office. - Any elective official, whether national
or local, running for any office other than the one which he is holding in a
permanent capacity, except for President and Vice-President, shall be
considered ipso facto resigned from his office upon the filing of his
certificate of candidacy. (Sec 67, BP 881)
• Any person who files his certificate of candidacy within this period shall
only be considered as a candidate at the start of the campaign period for
which he filed his certificate of candidacy: Provided, That, unlawful acts or
omissions applicable to a candidate shall effect only upon that start of the
aforesaid campaign period: Provided, finally, That any person holding a
public appointive office or position, including active members of the
armed forces, and officers, and employees in government-owned or-
controlled corporations, shall be considered ipso factor resigned from
his/her office and must vacate the same at the start of the day of the
filing of his/her certification of candidacy. (Sec 13, RA 9369, amending
Sec 11 of RA 8436)

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Cases:

Doctrines
“…..Section 66 of the Omnibus Election Code applies to officers and
employees in government-owned or controlled corporations, even those
PNOC
organized under the general laws on incorporation and therefore not
Energy v.
having an original or legislative charter, and even if they do not fall under
NLRC G.R.
the Civil Service Law but under the Labor Code. In other words, Section 66
No.
constitutes just cause for termination of employment in addition to those
100947
set forth in the Labor Code, as amended.”
May 31,

1993
Sec. 66, BP 881 applies even to employees of government-owned or
controlled corporations without an original charter.
”Section 4(a) of COMELEC Resolution 8678 is a faithful reflection of the
present state of the law and jurisprudence on the matter.

Incumbent Appointive Official. - Under Section 13 of RA 9369, which
reiterates Section 66 of the Omnibus Election Code, any person holding a
Quinto v.
public appointive office or position, including active members of the
COMELEC
Armed Forces of the Philippines, and officers and employees in
613 SCRA
government-owned or -controlled corporations, shall be considered ipso
385
facto resigned from his office upon the filing of his certificate of
candidacy.”

Supreme Court upheld the constitutionality of the aforementioned
provision.

Effect of filing two (2) certificate of candidacy (Sec 73, par. 3, BP 881)
→ No person shall be eligible for more than one office to be filled in the same
election, and if he files his certificate of candidacy for more than one office, he
shall not be eligible for any of them.

Case:

Doctrines
“We annul the COMELEC resolution declaring petitioner
disqualified for both positions of governor of Leyte and
mayor of the municipality of Baybay, Leyte. he filing of the
Catalina Loreto-Go
affidavit of withdrawal with the election officer of Baybay,
v. COMELEC
Leyte, was a substantial compliance with the requirement of

the law. We hold that petitioner's withdrawal of her
G.R. No. 147741 May
certificate of candidacy for mayor of Baybay, Leyte was
10, 2001
effective for all legal purposes, and left in full force her
certificate of candidacy for governor.”

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 When a person files two certificates of candidacy for
different offices, he becomes ineligible for either position.
He may withdraw one of his certificates by filing a sworn
declaration with the COMELEC before the deadline for the
filing of certificates of candidacy.

Death disqualification, withdrawal of a candidate (Sec 77, BP 881)
→ If after the last day for the filing of certificates of candidacy, an official candidate
of a registered or accredited political party dies, withdraws or is disqualified for
any cause, only a person belonging to, and certified by, the same political party
may file a certificate of candidacy to replace the candidate who died, withdrew
or was disqualified.
o The substitute candidate nominated by the political party concerned
may file his certificate of candidacy for the office affected in
accordance with the preceding sections not later than mid-day of the
day of the election.
→ If the death, withdrawal or disqualification should occur between the day
before the election and mid-day of election day, said certificate may be filed
with any board of election inspectors in the political subdivision where he is a
candidate, or, in the case of candidates to be voted for by the entire electorate of
the country, with the Commission.

Cases:
Doctrines
“The Election Code allows a person who has filed a
certificate of candidacy to withdraw the same prior to the
election by submitting a written declaration under oath.
There is no provision of law which prevents a candidate from
withdrawing his certificate of candidacy before the election”
Luna v. COMELEC
G.R. No. 165983 April “Hans Roger already withdrew his certificate of candidacy
24, 2007 before the COMELEC declared that he was not a valid
candidate. Therefore, unless Hans Rogers certificate of
candidacy was denied due course or cancelled in accordance
with Section 78 of the Election Code, Hans Rogers certificate
of candidacy was valid and he may be validly substituted by
Luna.”
“……whereby he withdrew his withdrawal of his certificate of
candidacy, can only be considered as a new certificate of
candidacy which, having been filed only four days before the
Monsale vs. Nico election, could not legally be accepted under the law, which
83 Phil. 758 expressly provides that such certificate should be filed at sixty
days before the election.”

The withdrawal of the withdrawal, for purpose of reviving

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 the certificate of candidacy, must be made within the period
provided by law for filing of the certificate of candidacy.

Duty of the COMELEC
→ Ministerial duty of receiving and acknowledging receipt. - The Commission,
provincial election supervisor, election registrar or officer designated by the
Commission or the board of election inspectors under the succeeding section
shall have the ministerial duty to receive and acknowledge receipt of the
certificate of candidacy. (Sec 76, BP 881)

Cases:
Doctrines
“……foregoing provisions give the Commission no discretion
to give or not to give due course to petitioner's certificate of
candidacy. On the contrary, the Conunission has, admittedly,
the "ministerial" duty to receive said certificate of candidacy.
Abcede v. Imperial Of what use would it be to receive it if the certificate were not
103 Phil 136 to be given due course? We must not assume that Congress
intended to require a useless act — that it would have
imposed a mandatory duty to do something vain, futile and
empty.”

“The Commission may not, by itself, without the proper
proceedings, deny due course to or cancel a certificate of
candidacy filed in due form.”

Cipriano v.
“The Commission has no discretion to give or not to give due
COMELEC
course to petitioners certificate of candidacy. The duty of the
479 Phil 677
COMELEC to give due course to certificates of candidacy filed
in due form is ministerial in character. While the Commission
may look into patent defects in the certificates, it may not go
into matters not appearing on their face.”
Petition to deny due course to or cancel a certificate of candidacy (Sec 78, BP
881)
→ A verified petition seeking to deny due course or to cancel a certificate of
candidacy may be filed by the person exclusively on the ground that any
material representation contained therein as required under Section 74 hereof
is false.
→ The petition may be filed at any time not later than twenty-five days from the
time of the filing of the certificate of candidacy and shall be decided, after due
notice and hearing, not later than fifteen days before the election.

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Cases:
Doctrines
“……on the basis only of the election returns which, on their
face, appear regular and wanting of any physical signs of
tampering, alteration, or other similar vice, the Second
Division could not justifiably exclude said returns on the
occasion of a pre-proclamation controversy whose office is
Pendatun Salih v.
limited to incomplete, falsified or materially defective returns
Sales
which appear as such on their face. If there had been sham
G.R. No. 122872
voting or minimal voting which was made to appear as
September 10, 1997
normal through the falsification of the election returns by
private respondent Alonzos followers, such grounds are
properly cognizable in an election protest and not in a pre-
proclamation controversy”

“The prevailing doctrine in this jurisdiction, therefore, is that
as long as the returns appear to be authentic and duly
accomplished on their face, the Board of Canvassers cannot
look beyond or behind them to verify allegations of
irregularities in the casting or the counting of the votes.”
Loong v. COMELEC

216 SCRA 760
Petition for cancellation must be filed within 25 days from
filing of the certificate of candidacy sought to be cancelled.
In the present case, a petition for cancellation of certificate
of candidacy filed beyond the 35-day period was not given
due course.

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 CHAPTER 6

CAMPAIGN

Election campaign?
Also called partisan political activity, refers to an act designed to promote the
election or defeat of a particular candidate or candidates to a public office which
shall include:
(1) Forming organizations, associations, clubs, committees or other groups of
persons for the purpose of soliciting votes and/or undertaking any campaign
for or against a candidate;
(2) Holding political caucuses, conferences, meetings, rallies, parades, or other
similar assemblies, for the purpose of soliciting votes and/or undertaking
any campaign or propaganda for or against a candidate;
(3) Making speeches, announcements or commentaries, or holding interviews
for or against the election of any candidate for public office;
(4) Publishing or distributing campaign literature or materials designed to
support or oppose the election of any candidate; or
(5) Directly or indirectly soliciting votes, pledges or support for or against a
candidate.

What are not considered election campaign or partisan political activity?
• 1-5, If performed for the purpose of enhancing the chances of aspirants for
nomination for candidacy to a public office by a political party, aggroupment,
or coalition of parties.
• Public expressions or opinions or discussions of probable issues in a
forthcoming election or on attributes of or criticisms against probable
candidates proposed to be nominated in a forthcoming political party
convention

Prohibitions?
→ Election campaign or partisan political activity outside campaign period.
However, political parties may hold political conventions or meetings to
nominate their official candidates within thirty days before the commencement
of the campaign period and forty-five days for Presidential and Vice-Presidential
election. (Sec. 80, BP 881)
→ Intervention of foreigners. It shall be unlawful for any foreigner, whether judicial
or natural person, to aid any candidate or political party, directly or indirectly, or
take part in or influence in any manner any election, or to contribute or make
any expenditure in connection with any election campaign or partisan political
activity. (Sec 81, BP 881)
→ Removal, destruction or defacement of lawful election propaganda prohibited. It
shall be unlawful for any person during the campaign period to remove, destroy,
obliterate, or in any manner deface or tamper with, or prevent the distribution of
lawful election propaganda. (Sec 83, BP 881)

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→ Transportation, food and drinks. It shall be unlawful for any candidate, political
party, organization, or any person to give or accept, free of charge, directly or
indirectly, transportation, food or drinks or things of value during the five hours
before and after a public meeting, on the day preceding the election, and on the
day of the election; or to give or contribute, directly or indirectly, money or
things of value for such purpose. (Sec 89, BP 881)

Case
Doctrines
“Section 80 of the Omnibus Election Code prohibits is "an
election campaign or partisan political activity" by a
"candidate" "outside" of the campaign period.”

Lanot v. COMELEC
Thus, the essential elements for violation of Section 80 of the

Omnibus Election Code are:
G.R. No. 164858
(1) a person engages in an election campaign or
November 16, 2006
partisan political activity;
(2) the act is designed to promote the election or
defeat of a particular candidate or candidates;
(3) the act is done outside the campaign period.

Lawful election propaganda (Sec 3, RA 9006; Sec 82, BP 881)

(1) Pamphlets, leaflets, cards, decals, stickers or other written or printed materials
the size of which does not exceed eight and one half inches in width and fourteen
inches in length;
(2) Handwritten or printed letters urging voters to vote for or against any particular
political party or candidate for public office;
(3) Cloth, paper or cardboard posters, whether framed or posted, with an area not
exceeding two (2) feet by three (3) feet, except that, at the site and on the
occasion of a public meeting or rally, or in announcing the holding of said
meeting or rally, streamers not exceeding three (3) feet by eight (8) feet in size,
shall be allowed: Provided, That said streamers may be displayed five (5) days
before the date of the meeting or rally and shall be removed within twenty-four
(24) hours after said meeting or rally;
(4) Paid advertisements in print or broadcast media: Provided, That the
advertisements shall follow the requirements set forth in Section 4 of this Act;
and
(5) All other forms of election propaganda not prohibited by the Omnibus Election
Code or this Act.

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Prohibited forms of election propaganda (Sec 85, BP 881)
It shall be unlawful:
(1) To print, publish, post or distribute any poster, pamphlet, circular, handbill, or
printed matter urging voters to vote for or against any candidate unless they
bear the names and addresses of the printer and payor as required in Section 84
hereof;
(2) To erect, put up, make use of, attach, float or display any billboard, tinplate-
poster, balloons and the like, of whatever size, shape, form or kind, advertising
for or against any candidate or political party;
(3) To purchase, manufacture, request, distribute or accept electoral propaganda
gadgets, such as pens, lighters, fans of whatever nature, flashlights, athletic
goods or materials, wallets, shirts, hats, bandanas, matches, cigarettes and the
like, except that campaign supporters accompanying a candidate shall be
allowed to wear hats and/or shirts or T-shirts advertising a candidate;
(4) To show or display publicly any advertisement or propaganda for or against any
candidate by means of cinematography, audio-visual units or other screen
projections except telecasts which may be allowed as hereinafter provided; and
(5) For any radio broadcasting or television station to sell or give free of charge air
time for campaign and other political purposes except as authorized in this Code
under the rules and regulations promulgated by the Commission pursuant
thereto.

Any prohibited election propaganda gadget or advertisement shall be stopped,
confiscated or torn down by the representative of the Commission upon specific
authority of the Commission.

Cases

Doctrines
“The COMELEC's prohibition on posting of decals and stickers
on "mobile" places whether public or private except in
designated areas provided for by the COMELEC itself is null
Adiong v. COMELEC and void on constitutional grounds.”

G.R. No. 103956 “The prohibition unduly infringes on the citizen’s
March 31, 1992 fundamental right of free speech enshrined in the
Constitution (Sec. 4, Article III). There is no public interest
substantial enough to warrant the kind of restriction
involved in this case.”
“The holding of exit polls and the dissemination of their
ABS-CBN results through mass media constitute an essential part of
Broadcasting Corp. the freedoms of speech and of the press. Hence, the Comelec
v. COMELEC cannot ban them totally in the guise of promoting clean,
honest, orderly and credible elections. Quite the contrary, exit
G.R. No. 133486 polls — properly conducted and publicized — can be vital

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 January 28, 2000 tools in eliminating the evils of election-fixing and fraud.
Narrowly tailored countermeasures may be prescribed by the
Comelec so as to minimize or suppress the incidental
problems in the conduct of exit polls, without transgressing in
any manner the fundamental rights of our people.”
Sec. 5.4, RA 9006 is invalid because
(1) it imposes a prior restraint on the freedom of expression,
(2) it is a direct and total suppression of a category of
expression even though such suppression is only for a limited
SWS, Inc. v.
period, and
COMELEC
(3) the governmental interest sought to be promoted can be

achieved by means other than suppression of freedom of
G.R. No. 147571
expression.
May 5, 2001


Sec. 5.4 - Surveys affecting national candidates shall not be
published fifteen (15) days before an election and surveys
affecting local candidates shall not be published seven (7)
days before an election.
The Supreme Court upheld the validity of COMELEC
Resolution 6520 that all propaganda materials including
Chavez v. COMELEC advertisements on print, in radio, or on television, showing
the image or mentioning the name of a person who,
G.R. No. 162777 subsequent to the placement or display thereof, becomes a
August 31, 2004 candidate for public office, be immediately removed,
otherwise this shall be presumed as premature
campaigning in violation of the provisions of BP 881.


Contributions and Expenses

Election contribution?
Includes a gift, donation, subscription, loan, advance or deposit of money or
anything of value, or a contract, promise or agreement to contribute, whether or not
legally enforceable, made for the purpose of influencing the results of the elections
but shall not include services rendered without compensation by individuals
volunteering a portion or all of their time in behalf of a candidate or political party.
(Sec 94, BP 881)

Election expenses?
Includes the payment or delivery of money of anything of value, or a contract,
promise or agreement to make an expenditure, for the purpose of influencing the
results of the election. (Sec 94, BP 881)
Prohibited contributions (Sec 95, BP 881)

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Limitations? (Sec 13, RA 7166)

Authorized Expenses of Candidates and Political Parties
The agreement amount that a candidate or registered political party may spend for
election campaign shall be as follows:

For candidates:
o Ten pesos (P10.00) for President and Vice-President; and
o Three Pesos (P3.00) for other candidates for every voter currently
registered in the constituency where he filed his certificate of candidacy:
Provided, That a candidate without any political party and without support
from any political party may be allowed to spend Five Pesos (P5.00) for
every such voter

For political parties:
o Five pesos (P5.00) for every voter currently registered in the constituency
or constituencies where it has official candidates.

Statement of Contributions and Expenditures (Sec 14, RA 7166)
→ 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

Effect of failure to file statement? – ADMINISTRATIVE OFFENSE (Sec 14, RA
7166)
→ 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.
→ For the commission of a second or subsequent offense under this section, the
administrative fine shall be from Two thousand pesos (P2,000.00) to Sixty
thousand pesos (P60,000.00), in the discretion of the Commission. In addition,
the offender shall be subject to perpetual disqualification to hold public
office.

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Case:


“In the case at bench, as the law makes no distinction or
qualification as to whether the candidate pursued his
candidacy or withdrew the same, the term "every candidate"
must be deemed to refer not only to a candidate who pursued
Pilar v. COMELEC
his campaign, but also to one who withdrew his candidacy.”


245 SCRA 749
The requirement to file the statement covers even those
who withdrew as candidates after having filed their
certificates, because, Sec. 14, RA 7166 does not make any
distinction.

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 CHAPTER 7

WATCHERS

Who are entitled?
Every registered political party, coalition of political parties and every independent
candidate shall each be entitled to one watcher in every polling place. (Sec 178, BP
881; Sec 26, RA 7166)

Qualifications (Sec 178, BP 881)
a. Qualified voter of the city or municipality;
b. of good reputation and shall not have been convicted by final judgment of
any election offense or of any other crime;
c. must know how to read and write Pilipino, English, Spanish or any of the
prevailing local dialects; and
d. not related within the fourth civil degree of consanguinity or affinity to the
chairman or any member of the board of election inspectors in the polling
place where he seeks appointment as a watcher.

Rights and Duties of watchers (Sec 179, BP 881)
• The watchers shall have the right to stay in the space reserved for them
inside the polling place.
• They shall have the right to witness and inform themselves of the
proceedings of the board of election inspectors, including its proceedings
during the registration of voters, to take notes of what they may see or hear,
to take photographs of the proceedings.
• to file a protest against any irregularity or violation of law
• to read the ballots after they shall have been read by the chairman
• to be furnished with a certificate of the number of votes in words and figures
cast for each candidate

Other watchers
The duly accredited citizens arm of the Commission shall be entitled to appoint a
watcher in every polling place. Other civic, religious, professional, business, service,
youth and any other similar organizations, with prior authority of the Commission,
shall be entitled collectively to appoint one watcher in every polling place.

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CHAPTER 8

CASTING OF VOTES

Preparation of ballots for illiterate and disabled persons
A voter who is illiterate or physically unable to prepare the ballot by himself may be
assisted in the preparation of his ballot by:
Ø a relative, by affinity or consanguinity within the fourth civil degree; or
Ø if he has none, by any person of his confidence who belong to the same
household or any member of the board of election inspectors, except the two
party members.

→ No voter shall be allowed to vote as illiterate or physically disabled unless
it is so indicated in his registration record.

Limitations
→ In no case shall an assistor assist more than three times except the non-party
members of the board of election inspectors.
→ The person thus chosen shall prepare the ballot for the illiterate or disabled
voter inside the voting booth.
→ The person assisting shall bind himself in a formal document under oath to fill
out the ballot strictly in accordance with the instructions of the voter and not to
reveal the contents of the ballot prepared by him.

Authentication of Ballots
Signature of Chairman at the Back of Every Ballot.
In every case before delivering an official ballot to the voter, the chairman of the
board of election inspectors shall, in the presence of the voter, affix his signature at
the back thereof.

Failure? - Failure to so authenticate shall be noted in the minutes of the board of
election inspectors and shall constitute an election offense





Cases:

Doctrines
Libanan v. HRET “There is really nothing in the above law to the effect that a
ballot which is not so authenticated shall thereby be deemed
G.R. No. 129783 spurious. The law merely renders the BEI Chairman
December 22, 1997 accountable for such failure.”

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 “While Section 24 of Republic Act No. 7166 requires the BEI
chairman to affix his signature at the back of the ballot, the
mere failure to do so does not invalidate the same although it
may constitute an election offense imputable to said BEI
chairman. Nowhere in said provision does it state that the
Punzalan v. votes contained therein shall be nullified. It is a well-settled
COMELEC rule that the failure of the BEI chairman or any of the
289 SCRA 702 members of the board to comply with their mandated
administrative responsibility, i.e., signing, authenticating and
thumbmarking of ballots, should not penalize the voter with
disenfranchisement, thereby frustrating the will of the
people.”

Challenge of illegal voters (Sec 199, BP 881)
(a) 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.
(b) No voter shall be required to present his voter's affidavit on election day
unless his identity is challenged.
o 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 board of
election inspectors and such identification shall be reflected in
the minutes of the board.

Grounds for challenge (Sec 200, BP 881)
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 that he has made a bet or is interested directly or
indirectly in a bet which depends upon the result of the election

Procedure:
→ Challenged person shall take a prescribed oath before the board of election
inspectors 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.

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Record of challenges (Sec 202, BP 881)
The poll clerk shall keep a prescribed record of challenges and oaths taken in
connection therewith and the resolution of the board of election inspectors in each
case and, upon the termination of the voting, shall certify that it contains all the
challenges made.

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 CHAPTERS 9
BOARD OF ELECTION INSPECTORS

BOARD OF ELECTION INSPECTORS

a. Chairman
COMPOSITION b. Member
c. Poll clerk
a. Good moral character and irreproachable reputation
b. Registered voter of the city or municipality
c. Has never been convicted of any election offense or of
QUALIFICATIONS
any other crime punishable by more than six (6)
Sec 2 RA 8786
months of imprisonment;
d. Is able to speak, read and write English or the local
dialect
BOARD OF ELECTION INSPECTORS

a. must not be related within the fourth civil degree of

consanguinity or affinity to any member of the same
DISQUALIFICATION
BEI or to any candidate to be voted for in the polling
Sec 3 RA 8786
place
b. must not engage in any partisan political activity

a. Conducts the voting in the polling place and

administer the election counting of voters;
b. Act as deputies of COMELEC in supervision and
control of polling place
POWERS
c. Maintain order within the polling place and its
Sec 10 RA 8786
premises
d. Perform such other functions prescribed by law or by
the rules and regulations promulgated by the
COMELEC

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 CHAPTER 10
COUNTING OF VOTES

COUNTING OF VOTES

a. As soon as the voting is finished, the board of election

inspectors shall publicly count in the polling place the
votes cast and ascertain the results
PROCEDURE
b. The board of election inspectors shall not adjourn or
Sec 206 BP 881
postpone or delay the count until it has been fully
completed, unless otherwise ordered by the
Commission

a. The chairman, the poll clerk and the third member

shall assume such positions as to provide the
watchers and the member shall assume such
positions as to provide the watchers and the
members of the public as may be conveniently
accommodated in the polling place
MANNER OF b. An unimpeded view of the ballot being read by the
COUNTING chairman of the election return and the tally board
Sec 25 RA 7166 being simultaneously accomplished by the poll clerk
and the third member respectively, without touching
any of these election documents
c. Table shall be cleared of all unnecessary writing
paraphernalia
d. Violation of this requirement shall constitute an
election offense

APPRECIATION OF BALLOTS

a. every ballot shall be presumed to be valid

GENERAL RULE
b. unless there is clear and good reason to justify its
Sec 211 BP 881
rejection.
a. ascertain and carry into effect the intention of the
voter, if it could be determined with reasonable
certainty
b. outmost liberality must be observed in reading the
ballot in order not to defeat the intention of the
OTHER BASIC RULE
voters
c. technical rule should not be permitted to defeat the
intention of the voter, if that intention is discernible
from the ballot itself and not from evidence aliunde
d. extreme caution should be observed before a ballot is

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 invalidated and doubts are to be resolved in favor of
their validity

RULES FOR APPRECIATION OF BALLOTS

1. Idems Sonam-
A name or
surname
incorrectly
written which,
when read,
has a sound
a. vote shall be counted in favor of such candidate
similar to the
name or
surname of a
candidate
when
correctly
written
2. Only the first a. vote for such candidate is valid, if there is no other
name or candidate with the same first name or surname for
surname is the same office.
written b. If there are two or more candidates having the same
first name or surname, it is bot a valid vote for any of
the candidates.
3. first name of a
candidate is
written on the
ballot, which
when read, a. the vote shall be counted in favor of the candidate
has a sound with such surname
similar to the
surname of
another
candidate
4. Two words are
written on the
ballot, one of
a. vote shall not be counted for either
which is the
first name of
the candidate

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 and the other
is the surname
of the
opponent

5. Ballots which
contain
prefixes such
as "Sr.", "Mr.",
"Datu", "Don", a. does not invalidate ballot
"Ginoo", b. except if they are used as an identifying mark
"Hon.", "Gob."
or suffixes like
"Hijo", "Jr.",
"Segundo"
6. use of the
nicknames
and
appellations of
affection and
friendship, if a. does not annul such vote
b. except when they were used as an identifying mark
accompanied
by the first
name or
surname of
the candidate
7. candidates
voted for a. the ballot is valid
exceed the b. but the votes shall be counted only in favor of the
candidates whose name were firstly written by the
number of
voter within the spaces provided for said office in the
those to be ballot until the authorized number is covered.
elected
8. When two
words are
written on the
ballot, one of a. ballot is counted in favor of the candidate whose
which is the surname is the first name of his opponent.
first name of
the candidate
and the other

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 is the surname
of his
opponent

9. two or more
words are the a. ballot cannot be counted for either;
surnames of b. except when one of the candidates is an
incumbent, in which case it will be counted in his
two or more favor
candidates
ELECTION RETURNS
a. BEI shall prepare the election returns
PREPARATION b. simultaneously with the counting of the votes in the
polling place
a. upon completion of the election returns
b. chairman of BEI shall;
RESULT OF
c. orally and publicly announce the total number of
ELECTION
votes received in the election in the polling place by
each and every one of the candidates
a. upon request;
CERTIFICATE OF b. BEI shall issue Certificate of Votes to watchers
CANDIDATES c. Signed and thumb marked by each member of BEI
which issues the same

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 CHAPTER 11
PRE-PROCLAMATION CONTROVERSY

a. Refers to any question pertaining to or affecting;
b. The proceedings of the Board of Canvassers;
c. Which may be raised by any candidate or by

political party or coalition of political parties;
DEFINITION
(Sec.241, B.P.881) d. Before the Board or directly with Comelec;
e. Or any matter raised under Secs. 233,234,235,236
in relation to the preparation, transmission,
receipt, custody, and appreciation of the election
returns.

a. To ascertain the winners in the elections on the

basis of election returns duly authenticated by
PURPOSE the Board of Elections Inspectors and admitted
by the Board of Canvassers.

a. Prevent the nefarious practice known as “grab –

the-proclamation, prolong-the-protest.”
RATIONALE

ISSUES THAT MAY BE RAISED

1. Illegal composition Villamor v. Comelec GR 16986,July 1, 2006
or proceedings of If issue involves illegal composition of Board of
Canvassers, it must be filed immediately when Board of
the Board of
I Canvassers begins to act as such, or at the time of the
Canvassers. appointment of the member whose capacity as such is
objected to.
2. Election Returns
were prepared Lagumbay v. Comelec, 16 SCRA 175
under duress, In each precinct the number of the registered voters
equaled the number of ballots and number of votes
E threats, coercion,
reportedly cost and tallied for each and every
and intimidation, candidate of LP, whereas, all the NP got exactly zero.
or they are Supreme Court stated that said returns were obviously
obviously false or fabricated-prima facie, and enunciated the
manufactured or doctrine of statistical improbability.
not authentic.

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 3. When substitute or
fraudulent returns Espaldon v. Comelec G.R. No. L-78987 Aug. 25,
in controverted 1987
Padded voter’s list , massive fraud, and terrorism are
polling places were
clearly not among the issues that ,ay be raised in a pre-
canvassed, the proclamation controversy. They are proper grounds for
S
results of which an election protest.
materially affected
the standing of the
aggrieved
candidate or
candidates.
4. Canvassed election
returns are Castromayor v. Comelec , 250 SCRA 298
incomplete, A proclamation based on incomplete returns is not void.
contain material
defects in the same
returns or in order
C authentic copies
thereof as
mentioned in Secs.
233-236.
CHARACTERISTICS OF PRE-PROCLAMATION CONTROVERSY

Section 242, B.P. 881 –The Commission shall have
exclusive jurisdiction of all pre-proclamation
1. Comelec controversies. It may motu proprio or upon written
Jurisdiction petition, and after due notice and hearing, order the
partial or total suspension of the proclamation of any
candidate-elect or annual partially or totally any
proclamation, if one has been made, as the evidence shall
warrant in accordance with the succeeding sections.

Section 18 RA 7166. - All pre-proclamation
2. Summary controversies on election returns or certificates of canvass
Disposition of Pre- shall, on the basis of the records and evidence elevated to
it by the board of canvassers, be disposed of summarily by
proclamation the Commission within seven (7) days from receipt
Controversies thereof. Its decisions shall be executory after the lapse of
seven (7) days for receipts by the losing party of the
decision of the Commission

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 3. Pre-proclamation
Cases Not Allowed Section 15, RA 7166. - For purposes of the elections for
in Elections for President, Vice-President, Senator and Member of the
House of Representatives, no pre-proclamation cases shall
President, Vice-
be allowed on matters relating to the preparation,
President, Senator, transmission, receipt, custody and appreciation of the
and Member of the election returns or the certificates of canvass, as the case
House of may be.
Representatives

Section 21, RA 7166- Notwithstanding the pendency of
4. Partial any pre-proclamation controversy, the Commission may
Proclamation. summarily order the proclamation of other winning
candidates whose election will not be affected by the
outcome of the controversy.

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CHAPTER 12
ELECTION CONTESTS
JURISDICTION OVER ELECTION CONTESTS
POSITION ORIGINAL AND EXCLUSIVE

PRESIDENT / VICE-PRESIDENT Supreme Court

SENATOR Senate Electoral Tribunal

REPRESENTATIVE HR Electoral Tribunal

REGIONAL / PROVINCIAL CITY COMELEC

MUNICIPAL Regional Trial Court

Municipal Trial Court, Metropolitan Trial

BARANGAY
Court
DECISIONS APPELATE JURISDICTION

RTC IN MUNICIPAL OFFICES COMELEC

DECISIONS OF COMELEC SUPREME COURT

DECISIONS OF ELECTORAL TRIBUNAL SUPREME COURT

REQUISITES OF AN ELECTION PROTEST

1. Must be filed by any
candidates who has filed Tan v. Comelec, June 1,1998
a COC and has been Gubernatorial candidate is not the proper party to
voted upon for the same institute election protest regarding the election of the
office Vice-Governor, Board Members and Municipal
Mayors.

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2. On grounds of fraud,
terrorism, irregularities
or illegal acts Arao vs Comelec 210 SCRA 290
committed before, The Comelec cannot simply close its eyes to the
during or after the illegality of the ballots even if the protestant omitted
casting and counting of to raise the ground in his protest.
votes.

3. Within the (10 days)

Gatchalian v. Comelec 245 SCRA 208
from the proclamation
The period for filing an election protest is suspended
of the results of the during the pendency of a pre-proclamation
election. controversy.

Solar vs Comelec 339 SCRA 685

4. Payment of Docket Fee For failure to pay the basic docket fee, the protest
should be dismissed.

REQUISITES OF QUO WARRANTO

1. Filed by any registered Tan v. Comelec, June 1,1998

Gubernatorial candidate is not the proper party to
voter in the
institute election protest regarding the election of
constituency. the Vice-Governor, Board Members and Municipal
Mayors.

2. On grounds of
Ocampo v. HRET, G.R. No. 158466, June 15, 2004
ineligibility or disloyalty
There must be a final judgment (of disqualification)
to the Republic of the before the election in order that the votes of the
Philippines. disqualified candidate can be constituted as “stray”.

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 3. Within ten (10) days
Gatchalian v. Comelec, 245 SCRA 208
from the proclamation
The period for filing an election protest is suspended
of the results of the during the pendency of a pre-proclamation
election. controversy.

Quo Warranto in Elective Offices V. Warranto in Appointive Offices

ELECTIVE OFFICE APPOINTIVE OFFICE

Section 253, B.P. 881 Sec. 5. of Rule 66, Rules of
Any voter contesting the election Court
of any Member of the Batasang A person claiming to be entitled
Pambansa, regional, provincial, to a public office or position
or city officer on the ground of usurped or unlawfully held or
AS TO BASIS ineligibility or of disloyalty to exercised by another may bring
the Republic of the Philippines an action therefor in his own
shall file a sworn petition for name.
quo warranto with the
Commission within ten days
after the proclamation of the
results of the election

the issue is the eligibility of the issue is the legality of the

AS TO ISSUE
the officer –elect; appointment;

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CHAPTER 13
ELECTION OFFENSES

TWO ASPECTS OF AN ELECTION OFFENSE

a. Involves the ascertainment of the guilt or
innocence of the accused candidate like in ant
1. CRIMINAL other case;
ASPECT b. usually entails a full blown hearing;
c. quantum of proof required to secure a conviction
is proof beyond reasonable doubt.

a. a determination of whether the offender should be

disqualified from office;
2. ELECTORAL b. This is done through an administration proceeding
ASPECT which is summary in character;
c. requires only a preponderance of evidence.

Sunga v. COMELEC, 288 SCRA 76
In a disqualification case, it is the electoral aspect that is
ILUSTRATIVE CASE
involved under which an erring candidate may be
disqualified even without prior criminal conviction.

SUNGA v. COMELEC
208 SCRA 76
FACTS:
Manuel C. Sunga- was one of the candidates for Mayor in Iguig, Cagayan, in the 8 May
1995 elections. Ferdinand B. Trinidad, then incumbent mayor, was a candidate for re-
election in the same municipality.

Sunga- filed disqualification cases against Trinidad on various grounds (using
government vehicles, threats, intimidation, terrorism or other forms of coercion, vote-
buying).

COMELEC En Banc- approved and directed the filing of four (4) informartions for
various elections offenses with RTC –Tuguegarao, Cagayan. The disqualification casw,
on the other hand, was referred to the COMELEC 2nd Division for hearing.

HELD:

Administrative Law & Election Law (Atty Gallant Soriano)

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 a.) an election offense has criminal as well as electoral aspects. Its criminal aspect
involves the ascertainment of the guilt or innocence of the accused candidate.
b.) Its electoral aspect, on the other hand, is a determination of whether the
offender should be disqualified from office. This is done through an
administrative proceeding which is summary in character and requires only a
clear preponderance of evidence.

ENUMERATION OF ELECTION OFFENSES

People v. Ferrer, 54 OG 1348
1. Vote-buying and vote-

selling. The distribution of cigarettes to people who attended
a political meeting falls within the context of the
prohibition.

2. Wagering upon the

Any money or thing of value put up as a bet or as a
result of the election. wager shall be forfeited to the Government.

3. Threats, intimidation,
use of fraudulent
device or other forms
of coercion

4. Appointment of new
Except in case of urgent need, with notice to the
employee. Comelec, within three days from the appointment.

5. Carrying of deadly Mappala v. Judge Nunez, 240 SCRA 600
weapon within a result It is not necessary that deadly weapon be seized while
of 100 meters from he was in the precinct or within a radius of 100 meters
precinct. therefrom; it is enough that the accused carried a
deadly weapon within the prohibited radius during
any of the days and hours specified in the law.
6. Transfer or detail of
To prevent People v. Reyes, 247 SCRA 328
government official/
electioneerin The transfer or detail of a government officer or
g and employee without employee will not be penalized by Sec. 261 (h). B.P.
harassment Comelec approval 881, if done to promote efficiency in the government
of employees
to influence service.
in election

Administrative Law & Election Law (Atty Gallant Soriano)

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MAPPALA v. JUDGE NUNEZ
240 SCRA 600

FACTS:

Judge Crispulo Nunez – acquitted Alejandro Angoluan of violation of Section 261 (p)
of the Omnibus Election Code, which punishes, “Any person who carries any deadly
weapon in the polling place and within a radius od one hundred meters thereof during
the days and hours fixed by law for the registration of voters in the polling place,
voting, counting of votes, or preparation of election returns,” on the ground that “… the
firearms was not taken from the accused within the 50 or 100 meters distance from
the precinct because in truth and in fact the said firearm was surrendered by the
accused two (2) days after the elections.

Jacinto Mappala – filed an administrative complaint against Judge Nunez for grass
inefficiency, serious misconduct and violation of the Code of Judicial Ethics.

Held:

a. To support a conviction under the Sec. 261(p) of the Omnibus Election Code, it
is not necessary that the deadly weapon should have been seized from the
accused while he was in the precinct or within a radius of 100 meters therefrom
b. It is enough that the accused carries the deadly weapon “in the polling and
within a radius of one hundred meters thereof” during any of the specified days
and hours.

Administrative Law & Election Law (Atty Gallant Soriano)

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PEOPLE v. REYES
247 SCRA 328
FACTS:

MICP Customs Collector Buenaventura Maniego- assigned Customs Operation
Chief Jovencio Ebio to the office of the Deputy Collector for Operations as Special
Assistant.

Ebio- claimed that that his new assignment violated Comelec Resolution No. 2333 and
Sec, 261 (h) of B.P. 881, the Omnibus Election Code, which prohibit the transfer of any
employee in the civil service 120 days before the May 11, 1992 synchronized national
and local elections.

Trial Court- granted the motion to quash filed by Maniego and dismissed the
complaint.

HELD:

a) Section 261 (h) of B.P. Blg, 881 does not per se outlaw the transfer of
government officer or employee during election period if done to promote
efficiency in the government service.
b) Hence, Sec.2 of Resolution No. 233 provides that the Comelec that the Comelec
has to pass upon the reason for the proposed transfer or detail.

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CHARACTERISTICS OF ELECTION OFFENSES

De Jesus v. People, 120 SCRA 760
The Comelec has exclusive jurisdiction to investigate
1. Jurisdiction over election
and prosecution cases involving violations of
offenses. election laws. (Sec. 2(6), Art. IX-C, 1987
Constitution)

Investigation and prosecution of election offenses

2. Preferential disposition
shall be given priority by the Comelec. The
of election offenses. investigating officer shall resolve the case within five
(5) days from submission.

People v. Bayona, 61 Phil. 181
3. Good faith is not a
Election offenses are generally mala prohibita. Proof
defense. of criminal intent is not necessary. Good faith,
ignorance or lack of malice is not a defense; the
commission of the prohibited act is sufficient.

Five (5) years from the date of commission.
4. Prescription period for
election offense.

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