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Election Offenses:

Before we go into the meat of the many election offenses, we shall first quickly discuss
jurisdiction. Who has the jurisdiction: 1) to Investigate and Prosecute; 2) for Trial and Decision?

A look into the Constitution and the OEC shows the intent to give to COMELEC exclusive
jurisdiction to investigate and prosecute election offenses committed by any person, whether
private individual or public officer or employee—regardless of whether the offense is
committed in relation to his official duties or not.

According to De Jesus v. People, as cited by De Leon, it is the nature of the offense and not the
personality of the offender that matters. As long as the offense is an election offense, the
jurisdiction rests exclusively with the COMELEC, in view of its all-embracing power over the
conduct of election.

Meanwhile, the jurisdiction in the trial and disposition of election offenses is exclusively and
originally lodged with the RTCs. The only exception being offenses relating to failure to register
or to vote—the jurisdicition of which is exercised by the MTC.

AN ELECTION OFFENSE IS TWO-PRONGED.


It has a criminal aspect—which involves the ascertainment of the guilt or innocence of the
accused candidate. This entails a full-blown hearing and the quantum of proof required to
secure a conviction is beyond reasonable doubt.

On the other side of the coin is its electoral aspect—this is the determination of whether the
offender shall be disqualified from office by virtue of the commission of the offense. This is
done through an administrative proceeding which is summary in character and requires only a
preponderance of evidence.

THE COURTS SHALL GIVE PREFERENCE TO ELECTION CASES OVER ALL OTHER CASES EXCEPT
PETITIONS FOR WRIT OF HABEAS CORPUS.

Let’s start the discussion for the election offense with the prohibitions related to the
registration of voters. The OEC lists them and it is in your handouts.

 RA 7166: Failure of the Board of Election Inspectors to post the list of voters in each precinct.
o According to the provision, the board of election inspectors shall post, on the wall outside the
room where the registration was conducted, the list of voters in each precinct beginning on
the first working day after registration day until election day.
 RA 8189: Change or alteration or transfer of a voter's precinct assignment in the permanent list of
voters without the express written consent of the voter
o It is forbidden to change, alter, or transfer the voter’s precinct assignment without his express
consent. (Provided that the voter shall not unreasonably withhold such consent)
2. Certificate of candidacy
 Continued misrepresentation or holding out as a candidate of a disqualified candidate or
one declared by final and executory judgment to be a nuisance candidate [Sec. 27f, R.A.
6646]
 Knowingly inducing or abetting such misrepresentation of a disqualified or nuisance
candidate [Sec. 27f, R.A. 6646];
 Coercing, bribing, threatening, harassing, intimidating, terrorizing, or actually causing,
inflicting or producing violence, injury, punishment, torture, damage, loss or disadvantage
to discourage any other person or persons from filing a certificate of candidacy in order to
eliminate all other potential candidates from running in a special election [Sec. 5, R.A.
8295]
3. Election campaign
 Appointment or use of special policemen, special agents or the like during the campaign
period [Sec. 261m, B.P. 881]
o WHEN? Committed during the campaign period, on the day before and on the
election day;
o WHO? Committed by:
1. any appointing authority who appoints or any person who utilizes the
services of special policemen, special agents, confidential agents or
persons performing similar functions;
2. persons previously appointed as special policemen, special agents,
confidential agents or persons performing similar functions who continue
acting as such, and those who fail to turn over their firearms, uniforms,
insignias and other badges of authority to the proper officer who issued
the same.
o At the start of the aforementioned period, the barangay captain, municipal mayor,
city mayor, provincial governor or any appointing authority shall submit to the
COMELEC a complete list of all special policemen, special agents or persons
performing similar functions in the employ of their respective political
subdivisions, with such particulars as the Commission may require.
 Use of armored land, water or aircraft during the campaign period [Sec. 26dd1r, B.P. 881]
o Requisites:
1. Committed by any person
2. During the campaign period, on the day before and on election day
3. Uses any armored land, water, or aircraft;
o Provided with any temporary or permanent equipment or any
other device or contraption for the mounting or installation of
canons, machine guns and other similar high caliber firearms,
including military – type tanks, half trucks, scout trucks, armored
trucks, of any make or model, whether new, reconditioned,
rebuilt or remodeled.
o Banking or financial institutions and all business firms may use not more than 2
armored vehicles strictly for, and limited to, the purpose of transporting cash,
gold bullion, or other valuables in connection with their business from and to their
place of business, upon previous authority of the COMELEC.
 Unlawful electioneering [Sec. 261k, B.P. 881]
o It is unlawful to solicit votes or undertake any propaganda
o On the day of the registration before the board of election inspectors and on the
day of the election;
o For or against any candidate or any political party within the polling place and
within a radius of 30 meters thereof.
 Acting as bodyguards or security in the case of policemen and provincial guards during
the campaign period [Sec. 261t, B.P. 881]
o WHEN? During the campaign period, on the day before and on election day;
o WHO? It is committed by:
1. Any member of the PNP, the AFP, special forces, home defense forces,
barangay self-defense units, and any other para-military units that now
exist or which hereafter be organized
2. Who acts as bodyguard or security guard of any public official, candidate
or any other person, any of the latter who utilizes the services of the
former as bodyguard or security guard.
o After due notice and hearing, when the life and security of a candidate is in
jeopardy, the COMELEC is empowered to assign at the candidate‘s choice, any
member of the PNP to act as his bodyguard or security guard in a number to be
determined by the Commission but not to exceed three per candidate.
o When the circumstances require immediate action, the Commission may issue a
temporary order allowing the assignment of any member of the PNP to act as
bodyguard or security guard of the candidate subject to confirmation or
revocation.

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