[SUBJECT] | [INSTRUCTOR] | [YEAR]

o Precipitate canvassing
CHAPTER o Terrorism
o Improper venue
o Failure to notify

 Take note: any of these grounds (PTIF),

VACANCY IN THE BOARD OF CANVASSERS
VACANCY IN THE BOARD OF CANVASSERS
Substitution of Board of Canvassers
Q. What are the grounds wherein there is a need to replace a
member of the BOC?
1. Disqualified
2. Incapacitated
Atty: It means she suffers from serious illness or injury which prevents
her from effectively performing her election duties.
3. Non-availability
Atty: It means the person is in abroad or on a study leave abroad by
which you cannot serve in the elections.
4. Absence
Q. Can the COMELEC replace you other than the grounds DINA?
- Yes, anytime for a cause. When you say cause, it is determined by
the sole discretion of the COMELEC because it exercises direct control
and supervision over the BOC in which case it can nullify the
proclamation and replace any member of the BOC anytime for a cause
and no one can argue that.
Only SC can control that but only in cases of grave abuse of discretion.
Remember: When we say direct control and supervision, it means that
the COMELEC can replace the judgment of the BOC but there is must
be that legitimate cause. It can nullify the proclamation on the basis
that you proclaimed the loser instead of the winner because of
erroneous tabulation.
Q. Can the regular courts restrain or stop the BOC from canvassing?
No.
- BOTTOMLINE: Regular courts are inferior in rank and status to
COMELEC. Not even the CA because they are co-equal with
COMELEC. Only the SC but only in rare cases where there is
grave abuse of discretion because SC will only restrain itself from
interfering with COMELEC’s administrative functions.
QUORUM required
Simple majority, or 2 out of 3:
A. To transact official business
B. To render decision
Q. What if in the COMELEC en banc, 4 of the Commissioners is
disqualified and only 3 of them is left. Do we need to substitute?
NO.
Take note: If someone is disqualified, there is a legal impediment for
them to attend the Comelec en banc session. Once there is a legal
impediment, those disqualified by such legal impediment, cannot be
included in the counting of the quorum for purposes of determining
whether there is a quorum.
PRE-PROCLAMATION CONTROVERSY
GR: Pre-proclamation controversy is not allowed anymore in all positions
including baranggay elective positions. You cannot raise them anymore
during canvassing.
XPN: It may still be raised when there is:
A. Illegal Composition
- is when someone who is not qualified is appointed or
served as such.
standing alone does not automatically give rise
to illegal proceedings. There has to be that
qualifying circumstance where we can establish
that it was intended to rigged or manipulate the
elections.
C. Manifest Errors
- Evident to the eye and understanding, visible to the eye,
that which is open, palpable, uncontrovertible, needing
no evidence to make it more clear, not obscure or
hidden.
- To be manifest, errors must appear on the face of the
Coc or ERs sought to be corrected and must have been
objected before the board of canvasssers and specifically
noted in the minutes of their respective proceedings.
Atty: For manifest error, even if you file it out of time, the
COMELEC can suspend its own rules and procedure and admit the
petitionto correct manifest errors because it involves the will of
the people.
That manifest error if corrected, can spell the difference between
the winner and the loser. By all means, technicality aside, we are
going to correct that.
Q. What if they object because it is fake although in its
face it appears regular and the BOC, in good faith, says
that it is not fake, then it will be included in the
canvassing. So is it unfair?
It is not unfair because you still have election protest as a
remedy.
Tatlonghari vs Comelec
Where what is involve purely mathematical and/or mechanical
error in the operation of the adding machine committed by the
BOC but does not involve the opening of ballot boxes,
examination and appreciation of ballots and/or election returns
Instances of Manifest Errors
a. Copy of the election returns of one precinct or two or
more copies of a certificate of canvass were tabulated
more than once.
b. Two copies of copies of the election returns or certificate
of canvas were tabulated separately.
c. There was a mistake in the adding or copying of the
figures into the certificate of canvass or into the
statement of votes by precinct
d. So-called election returns from non-existent precincts
were included in the canvass
 These provision were made under the context of manual
elections but it can still be applied in automated elections in
determining insofar WON that is manifest error.
 If the document is readily available in the BOC for
reference, comparison, that is still manifest error which is
allowed during proclamation controversy.
 Take note: Manifest error is still pre-proclamation
controversy but is an exception to the prohibition. Reason:
it does not take time to correct unlike, when you resolve
allegations of fraud and irregularities.

B. Illegal Proceedings

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[SUBJECT] | [INSTRUCTOR] | [YEAR]
DOCTRINE OF STATISTICAL IMPROBABILITY
o Extraordinary coincidence
COMELEC CASE
o All eight senatorial candidates of the Liberal Party obtained all
voted while all eight senatorial candidates of the Nacionalista
Party obtained zero vote
o For each polling place, the total number of registere voters,
ranging from 240 to 650, cast their votes only for the Liberal
Party candidates.
o There is one inspector from the Nacionalista Party for each
polling place; thus, its candidate should have obtained at least
one vote.
o SC: Election results in polling places were utterly improbable
and clearly incredible. It is not likely, in the ordinary course of
things, that all electors of one polling place would, AS ONE
MAN, vote for all the eight candidates of one party, without
giving a single vote to any of the eight candidates of the other
party.
o Such extraordinary coincidence was quite impossible to
believe, knowing that the other party has a nationwide
organization, with branches in every province, and was in
previous years, the party in power.
Question: When a candidate gets zero votes, is that Statistical
improbable?
Atty: A 0 vote, standing alone, does not amount to statistical
improbability.
MOTIONS
MOTIONS
o Must be in writing
o Duly received by the Secretary
o 24 hours to decide from receipt
o When to proclaim
o When the winner is known
o Who is the winner?
o Candidate who obtained the highest number of
votes by plurality
o Top 1 – among candidates for single slot positions
o Top 12, 10, 8 or 2 – among candidates with multiple
slot positions
Atty.: Take note: Timeliness of protest and quo warranto
Atty: When do we know if there is a winner?
In automated elections, when the COCP (Certificate of Canvass and
Proclamation) has already been generated
COCPD: Includes only the winners in the elections
COC: All candidates including those who got 0 votes
Candidate who obtained the highest number of votes.
Atty: We do not need majority. You only need one vote if you are lone a
candidate because it is the highest number of votes.
What if nobody voted for you and you are the lone candidate,
can you be proclaimed?
No. Because there is no voter confidence.
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EFFECT OF DECISIONS
EFFECT OF FINALITY OF CANCELLATION OF OR DENIAL OF DUE TO COC
EFFFECT OF FINALITY OF CANCELLATION OF OR DENIAL OF
DUE COURSE TO CERTIFIFCATION OF CANDIDACY
A. Votes cast in his favor are considered stray.
Hence, the candidate with the second highest number of votes
is proclaimed.
Atty: Here, you are not a candidate in the first place. The
candidate in this case, suffer lack of qualifications CARL.
GR: The second placer cannot be proclaimed because you are not the
choice of the people.
XPN: If there is no candidate to begin with (because his COC has been
cancelled), the second placer is actually the first placer among the
qualified candidates.
BUT, if you were a candidate to begin with, you have all the
qualification CARL, but along the way you committed an election
offense that caused you disqualification, the second placer cannot be
proclaimed as the winner because he is not the choice of the people.
If you cannot proclaim the second placer, two things might happen:
1. Succession applies
2. If it does not apply, then the position is deemed vacant,
In the case of councilor, kun nag assume na, we appoint.
EFFECT OF FINALITY OF DECLARATION AS NUISANCE CANDIDATE
EFFECT OF FINALITY OF DECLARATION AS NUISANCE CANDIDATE
A. Votes cast for the nuisance candidate are added to the candidate with
the same surname.
B. But if two one or more candidates share the same surname other
than the nuisance candidate – votes cast for the nuisance candidates.
Votes cast for nuisance candidate are STRAY. Not credited to any
candidate, incumbent or not.
C. If nuisance candidate does not share surname with any other
candidate, votes are STRAY. NOT credited to any candidate,
incumbent or not.
EFFECT IF CANDIDATE WHO OBTAINED HIGHEST NUMBER OF VOTES IS DQ BY A
FINAL AND EXECUTORY DECISION
EFFECT IF CANDIDATE WHO OBTAINED HIGHEST NUMBER OF VOTES IS
DISQUALIFIED BY A FINAL AND EXECUTORY DECISION.
A. Hr shall not be proclaimed
B. But the candidate with the second highest number of votes is also not
proclaimed.
C. Rule of succession applies. Otherwise, the position is vacant,
When does a decision become final and executor?
A. Division - no MR is filed
B. En Banc – no TRO was issued by SC within 5 days from receipt of
decision by parties.
EFFECT IF DISQUALIFICATION REMAINS ENDING DISQUALIFICATION CASE DURING
CANVASSING
EFFECT IF DISQUALIFICATION REMAINS PENDING DISQUALIFICATION
CASE DURING CANVASSING
Q. Candidate with pending disqualification case won the election, can he
be proclaimed?
Yes, he can be proclaimed if there is no order to suspend the
proclamation by the in division or en banc.
Q. What would be the remedy for the other party?
File a petition to suspend the proclamation pending settlement or
resolution of the disqualification case.
[SUBJECT] | [INSTRUCTOR] | [YEAR]
REMEDIES AFTER PROCLAMATION
Election protest - procedure to contest the election or the return of an
elective official
Quo Warranto – procedure to prevent assumption or unseat the
proclaimed winner on the ground for ineligibility or disloyalty to duly
constituted authorities.
ELECTION PROTEST
Common issue to be resolved: who obtained the plurality of the
votes
Municipal and Barangay Officials
Who may file:
- Candidate who filed candidacy, voted for same office
who received second or third highest number of votes.
Take note: “voted upon for the same office”. Just because you
were a candidate or filed your COC does not automatically make
you a proper party as a protestant because it might that after
filing your COC, you withdrew and you were not voted upon in
which case you cannot file an election protest.
- It must be that you filed your COC, was voted upon and received
the second or third highest votes to make you a proper party for
an election protest.
- For multiple slot positions, was among the next four
candidates following the proclamation of last ranked
winner.
When filed: within 10 days from proclamation.
Where to file: RTC-Municipal , MTC – Brgy
Grounds: Electoral fraud, anomalies and irregularities in contested
precincts.
Atty: These are what we call pre-proclamation controversies. This is
where there is a full-blown trial because the regular courts are
competent to rule on those allegations. And not before the BOC
because (1) it is a mere ad hoc body, (2) it is incompetent, (3) it cannot
afford to take so much time beyond the start of the term of office.
Atty.: Difference between election protest and quo warranto?
Who can file?
Election protest – only the candidate voted for the same office. (It is
not you, but me)
Take note:
Quo warranto – any registered voter. (It is not you, but I am not
interested)
Grounds for summary dismissal
A. Lack of jurisdiction to the subject matter
Atty.: Take note when you say summary dismissal, the court will not
ask you to comment. The case is immediately dismissed.
B. Protest is insufficient in form and substance
Atty.: It means the petition does not have a verification, affidavit of
non-forum shopping.
Substance is when you failed to allege the essential jurisdictional facts
like date of proclamation to prove timeliness without that it is
dismissed.
C. Filed beyond prescribed period
Atty.: the time within which to file is jurisdictional and if you cannot
comply with that, it removes jurisdiction
D. Filling fees not paid within time to file protest
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Atty.: Usually it is file the protest and pay the filling fee, however the
SC liberalized na pwede to follow nalang ang payment of filling fees
provided it is still within the filling period.
Why? It is so expensive, for president, you have to pay P 500 per ballot
box. With HRET, it is more expensive, P 3,000 per ballot box.
E. Cash deposit is not paid within 5 days from filing
Atty.: Why? Because it will be used by the court or the tribunal to
spend for transportation for the pick up of the ballot boxes etc. If
despite the payment of cash deposit, the tribunal says that the money
deposited is not sufficient, then you have to deposit some more.
Atty: Take note: Adverse decision from RTC and MTC, appeal to the
COMELEC because it does not follow hierarchy of courts.
When to appeal?
- Within 5 days from proclamation
Members, House of Representatives
Who may file
- Any candidate who duly filed certificate of candidacy and
has been voted for the same office and obtained the
second and third highest number of votes.
When to file: 15 days from June 30 of election year or date of actual
assumption to office, whichever is later.
Atty.: I think this was prompted by a particular SC case where the
COMELEC and HRET nagilog sa jurisdiction because there was a case
where the district rep. was already proclaimed but the COMELEC still
acquired jurisdiction and stated that we are going to nullify. And the SC
said that pwede because HRET only acquire jurisdiction when 3
conditions are met: (1) there is valid proclamation, (2) assumption to
office, and (3) Proper oath before the House Speaker.
Where to file – HRET
Grounds: Electoral fraud, anomalies or irregularities in contested
precincts.
Remedy against adverse decision: MR
Atty: What if your MR is denied? What is your remedy?
You can go to the SC by certiorari on the basis of grave
abuse of discretion. Take note: A second MR is a prohibited pleading.
Take Note: HRET is the sole judge of all contests relation to the
election, returns and qualifications of their respective members. When
wyou say, it is to the exclusion of all other tribunals.
When: within 10 days from receipt
Senators
Who may file
- Any candidate who duly filed certificate of candidacy and
been voted for the same office.
Atty: In here it does not qualify, it could be anybody who lost
even if you are the last in the rank .
Why can’t we apply by analogy?
The rules from the other electoral tribunals are separate and
distinct from each other.
When to file: within 30 days after proclamation
Where to file: Senate Electoral Tribunal
Grounds: Electoral fraud, anomaly or irregularity in the contested
precincts or manifest error in the tabulation or tallying of results during
canvassing
Remedy against adverse decision: MR
Atty: Again, no second MR is allowed.
[SUBJECT] | [INSTRUCTOR] | [YEAR]

Take note: In all election protest cases including quo warranto, a Where to file: SET
motion to dismiss is not allowed. Grounds: Ineligibility or disloyalty to the Republic of the Philippines
So what if we have grounds for motion to dismiss?
Set them up as affirmative defenses, that is the remedy.
President and Vice-President
Who may file:
When: within 10 days from receipt - Any registered voter who voted
When to file: within 10 days from proclamation
President and Vice-President Where to file: PET
Grounds: Ineligibility or disloyalty to the Republic of the Philippines
Who may file:
- Registered candidate for President or Vice-President who
received the second or thirdhighest number of votes
When to file: within 30 days from proclamation
Where to file: Presidential Electoral Tribunal
Grounds: Electoral fraud, anomalies or irregularities in contested
precincts.
Remedy against adverse decision: MR
When: within 10 days from receipt

Atty: If you have a MR and it was denied, the moment you receive the denial of the
MR, the decision becomes final and executor.

Q: Can we go to the SC by certiorari to nullify the decision of the PET?

NO. Because the PET is composed of the SC en banc in which case (in
the case of Macalintal vs COMELEC I think), the SC described the PET is
independent but not separate from the judiciary and it is not inferior to the SC.
IOW, they are co-equal in which case you cannot go to the SC and ask it to nullify
the decision of the PET.

Q: In another case, in Lopez vs Roxas, the big question there was this
since there is the PET composed of the SC en banc, are we creating 2 SC?
No. Although it might appear to be part of the judiciary, but it is independent from
the judiciary. Murag gi tagan lang additional work ang SC aside from their usual
cases.

Just like in administrative proceedings, you cannot review your own findings.

QUO WARRANTO

Common issue to be resolved: whether respondent possesses all

qualification and none of the disqualifications.

Municipal and Barangay Officials

Who may file:
- Any voter who voted in the election concerned.

When to file: ten days from proclamation

Where to file: RTC for Municipal and MTC for barangay officials
Grounds: Ineligibility or disloyalty to the Republic of the Philippines.

Atty: When you say ineligibility, you lack the qualifications, you suffer
from CARL.

Disloyalty, What are these? If you have convictions of rebellion,

sedition, treason. Any crimes against national security including
violations of the firearms law.

Member, House of Representatives

Who may file:
- Any registered voter of the district concerned, or any
registered voter in the case of party-list representative.
When to file:
- 15 days from June 30 of election year or date of actual
assumption, whichever is later if the ground is ineligibility
- If the ground is citizenship, anytime during tenure.
- Other grounds that occur during incumbency anytime.

Senators
Who may file:
- Any registered voter
When to file: within 10 days from proclamation

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[SUBJECT] | [INSTRUCTOR] | [YEAR]

Jurisdiction

SENATE AND HOUSE OF REPRESENTATIVES ELECTORAL

TRIBUNALS

Jurisdiction – Sole judge of all contests relating to the election, returns

and qualification of their respective members
Composition – 9 members
- 3 SC justices designated by the Chief Justice
- 6 members based on proportional representation from
political parties and party-list
- 3 members each from dominant majority and dominant
minority parties.

Atty: Sole means to the exclusion of the others. And when we

say contest, election has been done and somebody was
already proclaimed. In which case, if you were disqualified by
the COMELEC, it was prior the elections. But after elections, it
is already with the respective tribunals.

SUPREME COURT EN BANC AS PRESIDENTIAL ELECTORAL

TRIBUNAL

Jurisdiction – Sole judge of a all contest relating to the election,

returns and qualification of the President or Vice-president.

Atty: Before in Tecson vs Comelec, the SC held that as a

candidate, the jurisdiction pertains to COMELEC. But when you say
elected president, the jurisdiction now pertains to Supreme Court en
banc acting as PET.

But somehow in the Grace Poe case, it is now removed from

the COMELEC because the SC seems to say that the COMELEC is without
jurisdiction to disqualify a candidate without a prior ruling of
disqualification from a competent tribunal. IOW it reduces the
COMELEC to a mere body that enforces the disqualification issue decided
upon by a separate tribunal.

Contrary, to the constitutional mandate that says that the

COMELEC has quasi-judicial powers but of course, the COMELEC is
sometimes stubborn, despite the SC ruling in Grace Poe that says that
the COMELEC is without jurisdiction to disqualify candidates without a
prior ruling from a competent tribunal, still I suspect, the COMELEC is
still going to disqualify candidates.

If you are confronted with that problem, you can cite the
Grace Poe case. What I am talking about is practicality. Remember the
Diocese of Bacolod case, the SC said that size limitations do not apply to
campaign materials inside private property. Despite that ruling, the
COMELEC in the 2016 elections still resolved to say that private or ublic
property, size limitations apply. The COMELEC might not follow the
Grace Poe case because it is not too categorical

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