Election Law - Part V / Part VI Remedies and Automated - Coggle Diagram
Election Law - Part V / Part VI Remedies and Automated
Part V. Remedies
A. Petition to Deny Due Course to or Cancel a CoC (Sec. 78)
B. Petition for DQ of a Duly registered Candidate
C. Candidate who Obtained the Second Highest Number of Votes (Maquiling v. COMELEC)
Under Sec. 78
petition, If the first-placer in an election is subsequently found to not have been qualified to be a candidate, the votes cast in their favor should not be counted. The second-placer is then the one who obtained the highest number of votes.
Rationale - When there are participants who turn out to be ineligible, their victory is voided and the laurel is awarded to the next in rank who does not have any DQs.
Under Sec. 68 (DQ)
- NOT the second placer. Rules on Succession if applicable.
D. Election Protest
- Refers to either:
E. Jurisdiction over Election Contests
F. Effects of the Automated Election System on Pre-proclamation Controversies
- Automated Elections: A system using appropriate technology which has been demonstrated in the voting, counting, consolidating, canvassing.
COMELEC can still make the determination of making the elections manual again
Automated: All preliminaries are done from 6am
Precincts are set up by the Boards of Elections Inspectors
Poll watchers would be presenting their credentials to the BEI
○ BEI would post the certified voters lists
○ BEI would do the ceremony of showing to whomever is there, to show that the vote counting machines are still sealed
Voting proper: 7am-5pm
Jurisdiction of COMELEC on Pres/Vp/Congress
- For purpose of the elections for president, vice – president, senator, and member of the House of Representatives, no pre-proclamation cases shall be allowed on matters relating to the preparation, transmission, receipt, custody and appreciation of election returns or the certificates of canvass, as the case may be.
- Sec. 30 “In case of any discrepancy, incompleteness, erasure or alteration as mentioned above, the procedure on pre-proclamation controversies shall be adopted and applied as provided in Section 17,18,19 and 20.
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E. vacancy -
Regional/Provincial and City Officials
- COMELEC. over all the contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and
Trial Courts General Jurisdiction - electiive municipal
Trial Courts Limited - barangay Officials
Original Special Civil Action
- SC/CA for certiorari, prohibition, or mandamus against RTC in an election contest
Municipal and Barangay Officials
- Regional Trial Courts and
Municipal Trial Courts exercise exclusive original jurisdiction over election contests involving municipal and barangay officials, respectively
- Motion for Recon in RTC not allowed.
Appeal to COMELEC.
- Jurisdiction over pending DQ cases against a candidate
- after a candidate has become a member of the Senate or the House of Representatives, once he has been proclaimed, taken his oath and assumed office.
HRET does not acquire jurisdiction unless a petition is duly filed with said tribunal
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Where Oaths must be Taken (Reyes v. COMELEC)
- MOREOVER, the purported oath of office attached by petitioner taken before Belmonte Jr is not the oath of office which confers membership to the HOR.
According to Sec. 6 Rule II of the Rules of HOR, before there is a valid or official taking of the oath it must be made:
Before the HOR speaker and
In open session.
- Petition to annul or to suspend the proclamation of any candidate shall suspend the running of the period within which to file an election protest or quo warranto proceedings
Grounds for Filing
- Although already proclaimed and installed in office, the prevailing candidate may still be unseated
(a) When his opponent is adjudged the true winner of the election by a final judgment of a court in the election contest
b) When the prevailing party is declared illegible or disqualified by final judgment of a court in a quo warranto case;
(c) When the incumbent is removed from office for cause; or
(d) When the proclamation is null and void for in such case the proclamation is no proclamation at all and the proclaimed candidate's assumption of office cannot deprive the Commission on Elections of the power to make such declaration of nullity
Abandonment of Claim (Defensor-Santiago v. Ramos)
- In assuming the office, a protestant has effectively abandoned or withdrawn the same, or at the very least, abandoned the "determination to protect and pursue the public interest involved in the matter of who is the real choice of the electorate." Such abandonment or withdrawal operates to render moot such a protest.
Grounds for Filing
- Declared by final decision of competent court or, found by COMELEC of:
(a) given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions;
(b) committed acts of terrorism to enhance his candidacy;
(c) spent in his election campaign an amount in excess of that allowed by this Code;
(d) solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; or (e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6,
Any person who is a permanent resident of or an immigrant to a foreign country shall not be qualified to run for 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.
Cancellation v. DQ
Deny Due Course/Cancellation - Sec. 78, not deemed a candidate in the first place.
DQ - Deemed a candidate, may be subject to substitution.
Grounds for Filing
- That any material representation in the CoC as required under Sec. 74 is false.
Requisites for Valid Substitution (Cerafica v. COMELEC) -
- 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
an official candidate of a registered or accredited political party
only a person belonging to, and certified by, the same political party
- not later than mid-day of the day of the election
Substitution of a Withdrawn Candidate
- Candidates may be declared not valid candidates via petition do deny due course via Sec. 78.
Prior to this point, valid candidates and may be substituted regardless of later findings.
- Not later than 25d from the filing of CoC.
- Not later than 15d before the election.
By Whom Filed
- Any person
Grounds for Misrepresentation
- 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 the Batasang Pambansa, the province, including its component cities, highly urbanized city or district or sector which he seeks to represent; the political party to which he belongs;
his date of birth; residence;
his post office address for all election purposes; his profession or occupation;
that he will support and defend the Constitution of the Philippines and will maintain true faith and allegiance thereto; that he will obey the laws, legal orders, and decrees promulgated by the duly constituted authorities;
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 that the facts stated in the certificate of candidacy are true to the best of his knowledge.
Candidate Eligibility (Poe v. COMELEC)
- In petitions to deny due course, COMELEC cannot go into he qualifications of hte candidate if the issue is not yet determined by a proper court. ONLY material misrepresentation.
- COMELEC Rules do not allow or vest COMELEC with jurisdiction to determine the qualifications of a candidate.
- When the disqualification is a self-evident fact which is unquestioned or unquestionable
Jurisdiction over Eligibility
-To disqualify a candidate, there must be a declaration by a final judgment of a competent court that the candidate sought to be disqualified "is guilty of or found by the Commission to be suffering from any disqualification”
- the Constitution withholds from the COMELEC even the power to decide cases involving the right to vote, which essentially involves an inquiry into qualifications based on age, residence and citizenship of voters. [Art. IX, C, §2(3)]
Part VI. Automated Elections