312. Distinguish: disqualification v. cancellation of certificate of candidacy Disqualification Premised on sec. 12 or 68 of the OEC, or Sec.

40 of the LGC Cancellation Based on a statement of a material representation in the said certificate that is false The person whose certificate is cancelled or denied due course under Sec. 78 is not treated as a candidate at all, as if he never filed a COC A person whose COC has been denied on due course or cancelled under Sec. 78 cannot be substituted because he is never considered as candidate.

approval o Exception: not penalized, if done to promote efficiency. o To prove violation: a. Fact of transfer or detail within the election period as fixed by the COMELEC b. Transfer or detail was made without prior approval of the COMELEC Good Faith is not a defense o Generally, mala prohibita o Proof of criminal intent is not necessary o Good faith, ignorance, or lack of malice is not a defense ( Nachura Reviewer) 314. Prohibited contributions A. Those made for purposes of partisan political activity, directly o indirectly by any of the following: 1. Public or private financial institutions ( except loans made by such institutions in the business of lending money to a candidate or political party, made in accordance with laws and in the ordinary course of business) 2. Persons operating public utilities or those exploiting natural resources of the nation 3. Persons with contracts to supply the government wit goods or services or to perform construction or other works 4. Grantees of franchises, incentives, exemptions, allocations, or similar privileges or concessions by the government 5. Persons who, within one year prior to the date of the election, have been granted by the government loans or other accommodations in excess of P100, 000.00

A person who is disqualified under Sec. 68 is merely prohibited to continue as a candidate Thus, a candidate who is disqualified under Sec. 68 can be validly substituted under Sec. 77 of the OEC because he remains a candidate until disqualified (UST Notes)

313. Prohibited acts during campaign A. Prohibited Acts 1. Vote-buying and vote-selling o Distribution of yosi (People vs. Ferrer) 2. Wagering upon the result of the elections o Bet or wager forfeited to Government 3. Threats, intimidation, terrorism, use of fraudulent device or other forms of coercion 4. Appointment of new employee o Exception: a. In case of urgent need b. w/ notice given to COMELEC c. w/in 3 days from appointment o Includes creation of new positions, promotion or granting of salary increase. 5. Carrying of deadly weapon within a radius of 100 meters from precinct o Not necessary that deadly weapon be seized from the accused. 6. Transfer or detail of government official/employee without COMELECs

6. Educational institutions which have receive gifts of public funds not less than P100, 000 7. Officials or employees in the Civil service or members of the Armed Forces of the Philippines; and 8. Foreigners and foreign corporations. ( sec. 95, BP 881 Omnibus Election Code)

activity except during the campaign period. Provided, that political parties may hold political conventions or meetings to nominate their official candidates within 30 days before the commencement of the campaign period and 45 days for Presidential and Vice-Presidential election. ( Sec. 80, BP 881, OEC) 318. Powers of the board of canvassers in general A. 1. Preparation of Certificates of Canvass

315. limitations on Campaign expenses A. 1. For candidates a. President and Vice-President P10/voter b. Other Candidates, if with party P3/ voter c. Other Candidates, if without party P5/voter 2. For political parties P5/voter (sec. 5, COMELEC Resolution No. 8578) 316. statements of contributions and expenses A. It is a statement of election contributions and expenditures. Every candidate and treasurer of the political party shall, within 30 days after the day of the election, file in duplicate with the offices of the COMELEC, the full, true and itemized statement of all contributions and expenditures in connection with the election. ( sec. 14, RA 7166) 317. Premature campaigning, is it illegal? Briefly explain. A. It shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political

The certificates of canvass for President and VP shall be duly certified by the BOC of each province or city. 2. Proclamation of Candidate as Winner

if authorized by COMELEC, after the latter has ruled on any objections brought to it on appeal by a losing party Any proclamation made in violation hereof shall be void ab initio, unless the contested returns will not adversely affect the results of the election. Once the Board of Canvassers has completed its duty, the board cannot meet again and recanvass the votes or reverse their prior decision and announce different results. ( UP reviewer)

319. Explain the duty of the Board of Canvassers to proclaim the winner A. In the absence of an appeal, the Board of Canvassers shall proclaim the winner. (Political Law Compilation) Proclamation of Candidate as Winner if authorized by COMELEC, after the latter has ruled on any objections brought to it on appeal by a losing party Any proclamation made in violation hereof shall

be void ab initio, unless the contested returns will not adversely affect the results of the election. Once the Board of Canvassers has completed its duty, the board cannot meet again and recanvass the votes or reverse their prior decision and announce different results. When Ministerial: No irregularities in the election returns. The COMELEC or the BOC is satisfied in the authenticity of the returns. The duty of the Board in canvassing the votes consists in the simple matter of arithmetic. The BOC has no power to look beyond the face of the returns. If after proclamation, an error is discovered in the computation: The BOC can simply correct the error; the remedy being purely administrative. When Quasi-Judicial: Determination of genuineness and authenticity of election returns submitted to it. The BOC will not be compelled to canvass the returns if they are found to be: obviously manufactured; contrary to probabilities; clearly falsified; or not legible. ( UP LAW Reviewer) 320. Doctrine of statistical improbability A. It states that where there exists uniformity of tallies in favor of candidates belonging to one party and the systematic blanking out of the opposing candidates, as when all the candidates of one party received all the votes, each of whom exactly the same number, and the opposing candidates got zero votes, the election returns are obviously manufactured, contrary to all statistical probabilities, and utterly improbable and clearly incredible. The doctrine applies only when the improbability is shown on the face of the ER

itself and without regard to evidence aliunde or to evidence outside of the return. ( Political Law compilation) 321. Petition not to give due course to certificate of candidacy: when can it be file and on what ground/s A. A verified petition may be filed exclusively on the ground that any material representation contained in the certificate as required under section 74 is false. The petition may be filed not later than 25 days from the time of filing of the certificate of candidacy, and shall be decided, after due notice and hearing, not later than 15 days befoe the election. (Sec. 78, BP 881, OEC) Jurisdiction over a petition to cancel a certificate of candidacy lies with the COMELEC in division, not with the COMELEC en banc. ( garvida v. sales, GR No. 122872, sept. 10, 1997) UST Notes 322. Petition to declare failure of elections: When can it be filed and on what ground/s A. The SC said that under BP 881, there are only three instances where a failure of elections may have been declared, namely: 1. The election in any polling place has not be held on the date fixed on account of force majeure, violence, terrorism, fraud or other analogous causes; 2. The election in any polling place had been suspended before the hour fixed by law for the closing of the voting on account of force majeure, violence terrorism, fraud or other analogous cases; or 3. After the voting and during the preparation and transmission of the election returns or in the custody or canvass thereof such election results in a failure to elect on account of force majeure, violence, terrorism, fraud or other analogous causes. (Sison v. COMELEC, 1999; Pasandalan v. COMELEC, 2002) The SC held that for COMELEC to conduct a hearing on a verified petition to declare a failure of election, it is necessary that petition must show on its face two conditions:

1. That no voting has taken place in the precinct on the date fixed by law or, even if there was voting, the election nevertheless results in a failure to elect; and 2. The votes not cast would affect the results of the election. (Mitmug v. COMELEC, 230 SCRA 54) Thus, in this case, for failure of the petition to show the existence of the first condition, the COMELEC did not commit grave abuse of discretion when it dismissed the petition even without a hearing. (ATENEO Law Reviewer)

o Not later than 30 days after the cessation of the cause (Sec. 6, BP 881) ( UP LAW REVIEWER) 323. Pre- Proclamation Controversy: when can it be held and on what ground/s A. Issues that may be raised in preproclamation controversy: 1. Illegal composition or proceedings of the board of canvassers; 2. The canvassed election returns (ER) are incomplete, contain material defects, appear to be tampered with or falsified, or contain discrepancies in the same returns or in authentic copies thereof. 324. What are manifest errors?

When there will be a failure of election: Declared by COMELEC o Based on a verified petition by any interested party o After due notice and hearing Causes: (any of such cases the failure or suspension of election would affect the result of the election) o [the election in any polling place has not been held on the date fixed] OR o [suspended before the hour fixed by law for the closing of the voting] OR o [after the voting and during the preparation and the transmission of the election returns or in the custody or canvass, such election results in a failure to elect] o Because of (Sec. 6, BP 881) force majeure violence terrorism fraud other analogous causes may occur before or after the casting of votes or on the day of the election (Sec. 4, RA 7166) COMELEC to call for the holding or continuation of the election not held, suspended or which resulted in a failure to elect o on a date reasonably close to the date of the election

A.manifest errorsthe error must appear on the face of the Certificates of Canvass or Election Returns sought to be corrected. It is one that is visible to the eye or obvious to the understanding; that which is open, palpable, incontrovertible, needing no evidence to make it more clear. (OHara vs. COMELEC, G.R. No. 148941-42, March 12, 2002) 325. What are the grounds to declare failure of elections? A. 3 instances of failure of elections (Sison v COMELEC, 1999): (1) Election not held in any polling place on the date fixed on account of force majeure, violence, terrorism, fraud, or other analogous causes. (2) Suspension of election in any polling place before the hour fixed by law for the closing of the voting on account of force majeure, violence, terrorism, fraud, or other analogous causes. (3) Resulting failure to elect, after the voting and during the preparation and transmission of the election returns or in the custody or canvass thereof, on account of force majeure, violence, terrorism, fraud or other analogous causes. The COMELEC, in the case of actions for annulment of election results or declaration of failure of elections, may conduct technical

examination of election documents and compare and analyze voters' signatures and fingerprints in order to determine whether or not the elections had indeed been free, honest and clean. (Loong v COMELEC) Balindong v COMELEC (UP REVIEWER) 326. Election protest: when it can be filed and on what ground/s A. ELECTION PROTESTfiled by any candidate who has filed a COC and has been voted upon for the same office on the grounds of: 1. 2. 3. 4. Fraud; Terrorism; Irregularities; or Illegal acts, committed before, during or after casting and counting of votes

2. EP is filed by filed by any candidate who has filed a COC and has been voted for whereas QW, is Filed by any registered voter in the constituency. 3.In EP, A protestee may be ousted and the protestant may seat in the office vacated while in QW, The respondent may be unseated but the petitioner will not be seated.( Dumayas, Jr. v. COMELEC) Political Law compilation 329. who may prosecute individuals for election offenses A. The COMELEC is vested with the power of a public prosecutor with the exclusive authority to conduct the preliminary investigation and prosecution of election offenses punishable under the OEC. (sec. 265, BP 881, OEC) (UST) 330. Outline the jurisdiction of various courts/tribunals in election controversies A.Jurisdiction and Judicial Review Exclusive Jurisdiction: COMELEC In first instance: (Sec. 17, RA 7166) (a) If questions affecting the composition or proceedings of the BOC: before the BOC or directly with COMELEC (b) If matters in relation to the preparation, transmission, receipt, custody and appreciation of the election returns or Certificates of Canvass: [see Problem Areas supra] before the BOC only Parties adversely affected by a ruling on such questions may appeal to the COMELEC within 3 days therefrom. The COMELEC shall summarily decide the case within 5 days of filing. (Sec. 19, RA 7166) Not allowed in elections for President, VP, Senator, and Congressman. However, this does not preclude the appropriate canvassing body, motu propio or upon written complaint of an interested person, from

Filed within 10 days from proclamation of results of election ( Political Law Compilation) 327. Quo Warranto: when it can be filed and on what ground/s A. QUO WARRANTOfiled by any registered voter in the constituency on the grounds of: 1. 2. Ineligibility; or Disloyalty to the Republic

Filed within 10 days from proclamation of results of election 328. Election Protest v. Quo Warranto 1. EP is A contest between the defeated and winning candidates, based on grounds of election frauds or irregularities, as to who actually obtained the majority of the legal votes and therefore is entitled to hold the office whereas, QW Refers to questions of disloyalty and ineligibility of the winning candidates.It is a proceeding to unseat the ineligible person from office, but not to install the protestant in his place.

correcting manifest errors in the certificate of canvass or election returns before it. (Sec. 19, RA 7166) COMELEC may order, motu propio or upon written petition, the partial or total suspension of the proclamation of any candidate-elect or annul partially or totally any proclamation, if one has been made. (Sec. 242, BP 881) Even if some of the grounds adduced in a socalled pre-proclamation controversy are grounds instead for an election contest, COMELEC still has jurisdiction (Olfato v COMELEC). Judicial Review: Supreme Court only in cases of grave abuse of discretion in the discharge of quasi-judicial powers,not in the exercise of its administrative duties. (UP REVIEWER)

332. Classifications of public corporations 1. Quasi-public corporation created by the state for a limited purpose. 2. Municipal Corporation body politic and corporate constituted by the incorporation of the inhabitants for the purpose of local government. ( Nachura)

333. Elements of Municipal Corporation

A. These are:
1. Legal creation 2. Corporate name 3. Inhabitants constituting the population who are vested w/ political and corporate powers th 4. Territory (Rodriguez, p.4, LGC 5 edition) (UST)

331. Public corporations v. GOCC 1. Purpose

334. Nature and function of municipal corporations A. These are:

Administration of Local Government

Performance of functions relating to public needs whether Governmental or Proprietary in nature

1. Subordinate branch of the government of the state 2. Instrumentality of the state administration 3. Exercises delegated powers of the government

2.

Who creates By the state either by general or special act By congress or by incorporators

335. Requisites for creation, conversion, division, merger or consolidation A. These are: 1. Plebiscite requirement 2. Income requirement 3. Population requirement 4. Land requirement Note: For detailed discussion please refer to UST Notes.:-)

3.

How created By legislation 1) Original charters or special laws or 2) general corporation law as a stock or nonstock corporation

336. Meaning of local autonomy A. It means that local governments have

Certain powers given by the Constitution which may not be curtailed by the national government, but that, outside of these, local governments may not pass ordinances contrary to statute. (Magtajas v. Pryce Properties, 234 SCRA 255 (1994) (ATENEO)

337. Meaning of fiscal autonomy A. Fiscal autonomy means that local governments have the power to create their own sources of revenue in addition to their equitable share in the national taxes released by the national government, as well as the power to allocate their resources in accordance with their own priorities.