Election Law - Part V / Part VI Remedies and Automated

Part V. Remedies

Part VI. Automated Elections

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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) -

  1. 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.
  1. Under Sec. 68 (DQ) - NOT the second placer. Rules on Succession if applicable.

D. Election Protest - Refers to either:

  1. Quo Warranto
  2. Election Protest

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.

Grounds for Filing - That any material representation in the CoC as required under Sec. 74 is false.

Requisites for Valid Substitution (Cerafica v. COMELEC) -

  1. VALID WITHDRAWAL - 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
  2. OFFICIAL NOMINEE -
  • an official candidate of a registered or accredited political party
  • only a person belonging to, and certified by, the same political party
  1. MIDDAY - not later than mid-day of the day of the election

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.

  1. GR - COMELEC Rules do not allow or vest COMELEC with jurisdiction to determine the qualifications of a candidate.
  2. XCPN - 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”

Rationale - 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)]

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.

When Filed -

  1. GR - Not later than 25d from the filing of CoC.
  2. XCPN - 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;
  • civil status;
  • 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.

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.

Requisites

Election Protest - 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.

Regional/Provincial and City Officials -

  1. Original Exclusive - COMELEC. over all the contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and
  2. Appellate -
  • Trial Courts General Jurisdiction - electiive municipal
  • Trial Courts Limited - barangay Officials
  1. Original Special Civil Action - SC/CA for certiorari, prohibition, or mandamus against RTC in an election contest

Municipal and Barangay Officials -

  1. Original Exclusive - Regional Trial Courts and
    Municipal Trial Courts exercise exclusive original jurisdiction over election contests involving municipal and barangay officials, respectively
  2. Appellate - Motion for Recon in RTC not allowed.
  • Appeal to COMELEC.

Congress -

  1. COMELEC - Jurisdiction over pending DQ cases against a candidate
  2. HRET - 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

President/VP - The Supreme Court, sitting en
banc, shall be the sole judge of all contests relating to the election, returns, and disqualifications of the President or Vice-President, and may promulgate its rules for the purpose.

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

E. vacancy -

Jurisdiction of COMELEC on Pres/Vp/Congress -

  1. GR - 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.
  2. XCPN - 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.

Metrics for Valid Transmission/Accomplishment – president and senators, respectively, as accomplished and transmitted to it by the local boards of canvassers, on a showing that:


  • (1) each certificate of canvass was executed, signed and thumbmarked by the chairman and member of the board of canvassers and transmitted or caused to be transmitted to Congress by them;
  • (2) each certificate of canvass contains the names of all of the candidates for president and vice – president or senator, as the case may be, and their corresponding votes in words and their corresponding votes in words and in figures;
  • (3) there exists no discrepancy in other authentic copies of the document such as statement of votes of any of its supporting document such as statement of votes by city/municipality/by precinct or discrepancy in the votes of any candidate in words and figures in the certificate; and
  • (4) there exist no discrepancy in the votes of any candidate in words and figures in the certificates of canvass againts the aggregate number of votes appearing in the election returns of precincts covered by the certificate of canvass:

Cancellation v. DQ

  1. Deny Due Course/Cancellation - Sec. 78, not deemed a candidate in the first place.
  2. DQ - Deemed a candidate, may be subject to substitution.

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.