ELECTION LAWS

Lecturer: Atty. Joemax Ortiz

Election offenses can only be investigated and prosecuted by the COMELEC.
Amnesty, pardon, commutation, etc. by the President requires the consent of the COMELEC.
I.

PRE-ELECTION

1. Registration
NB: when the law speaks of residence, it means domicile. This is always asked in the bar exam!
Animus revertendi
Animus manendi
2. List of qualified voters on the last day of filing
What if the candidates name was not included in the list?
Remedies: Petition for Inclusion or Exclusion filed with the MTC. Appeal to RTC within
5 days (MR is a prohibited pleading); decision is final executory and not appealable. The only
remedy is Rule 65.
3. Filing of Certificate of Candidacy.
The DQs are found in Section 40, OEC.
a. Petition for disqualification
b. Petition to cancel COC (filed before election)
Note: Violation of BP 22 involves moral turpitude. It is a ground for disqualification.
Perpetual disqualification is a bar to exercise right of suffrage under Art. 25, RPC. Is
there a conflict with Sec. 40, OEC?
Romeo Jalosjos case:
If DQ comes after the election, the voters believed in good faith that he was qualified, the
votes remain valid votes. But if the DQ comes before election day, the votes will be stray. It is as
if he was not a candidate.
There must statement in the pardon to erase the perpetual disqualification.
A commutation does not erase the perpetual disqualification.
Perpetual disqualification is a bar to exercise right of suffrage under Art. 25, RPC. Is
there a conflict with Sec. 40, OEC? SC: Election law prevails being a special law.
Bautista v. COMELEC the vice-mayor, as the case may be, will succeed the disqualified
winner, not the 2nd highest.
II.

CAMPAIGN PERIOD
During this time, all APPOINTIVE officials are deemed resigned.

Early campaigning committed if the COC is already filed.

III.

ELECTION DAY

A. Pre-Proclamation
Board of Canvassers
Pres and VP Congress
Senator SET
House of Rep HRET
Provincial/City Prov. Election Supervisor
Municipal Provincial Board
Pre-proc does not apply to P, VP and Sen.
Question as to composition of the BOC (disqualification such as relationship), it is the
COMELEC who has the power to replace the DQ member.
NOTE: Sec. 233-236 questions may be raised only before the BOC!
Remedies available:
Petition to deny due course
Petition to declare nuisance
Petition to disqualify
*should be filed with the COMELEC. Available before election day.
If these petitions are decided BEFORE election day, the votes will be stray votes. The
second highest number of votes garnered will be declared winner.
If these petitions are decided AFTER election day, the votes are valid however, the vicewill succeed to the vacancy.
Question as to the BOC composition
Sec. 233-236
*come proclamation the case is not yet resolved, it is moot and academic (general rule).
B. Proclamation
Remedy: Election Protest
Where to file:
a. Barangay officials MTC/MeTC within 10 days from proclamation. MR is a
prohibited pleading. Aggrieved party may appeal before the COMELEC
within 5 days.
b. Municipal officials RsTC within 10 days. Appeal to COMELEC within 5
days. Pay the docket fee within 15 days; otherwise, appeal will be dismissed.
c. Provincial officials COMELEC (original and exclusive jurisdiction)
d. City officials COMELEC (original and exclusive jurisdiction)

*the case will be handled by a Division. The MR will be decided by En Banc. From here,
aggrieved party has no appeal. The only remedy is Rule 64 to the SC (CA due to
hierarchy of courts) within 30 days. The ground is only grave abuse of discretion and lack
of due process.
Note: the COMELEC is open even on Saturdays
Who can file:
Grounds

Quo Warranto
any registered voter
disloyalty
Ineligibility

Election protest
only a candidate
misappreciation of ballot

Quo Warranto same procedure with election protest.

APPRECIATION OF BALLOTS
Liberal interpretation of ballots in order to reflect the intent and will of the voter.
Board of Election Inspectors chairman, poll clerk and a member. They prepare the
election returns.
a.
b.
c.
d.
e.

Idem sonans sounds the same

Neighborhood rule a name that is written near the blank.
Incumbent rule
Marked ballot the entire ballot is null.
Spoiled ballot -