Concepts Flashcards

Question

Polling place

Answer 1

Building or place where the Board of Election Inspectors conducts its proceedings and where the voters cast their votes

Answer 2

The COMELEC may introduce changes in the location of polling places when necessary after notice to the registered political parties and candidates affected if any, and hearing. No location shall be changed within 45 days before a regular election and 30 days before a special election, referendum or plebiscite except when it is destroyed or it cannot be used. (Sec. 153, BP 881)

Answer 3

Before the day of the election, referendum or plebiscite, the Chairman of the COMELEC shall, through its authorized representatives, see to it that all polling places are inspected and such omissions and defects as may be found are corrected.

Answer 4

* be uniform in size; * be printed in black ink on white security paper with watermarks * be in the shape of a strip containing the serial number of the ballot and a space for the thumbmark of the voter * bear at the top middle portion the coat-of-arms of the Republic, the words, “Official Ballot”, the name of the city or municipality and the province, the date of the election * contain the names of all the offices to be voted for, allowing opposite the name of each office * have nothing printed or written at the back except the signature of the chairman of the Board of Election Inspectors

Answer 5

COMELEC may prescribe a different form of official ballot on the same watermarked security paper

Answer 6

GR: No ballots other than the official ballots shall be used or counted. Exception: - failure to receive the official ballots on time - there are no sufficient ballots for all registered voters In these cases, the city or municipal treasure shall provide other ballots which shall be as similar to the official ones as circumstances will permit and which shall be uniform within each polling place.

Answer 7

printed by the Government Printing Office and/or the Central Bank under the exclusive supervision and control of the COMELEC

Answer 8

The COMELEC shall publish at least 10 days before an election,in a newspaper of general circulation, certified data on the number of ballots and returns and the names and addresses of the printers and the number printed by each.

Answer 9

the act of accomplishing and filing of a sworn application for registration by a qualified voter before the election officer of the city or municipality wherein he resides and including the same in the book of registered voters upon approval by the Election Registration Board.

Answer 10

COMELEC is authorized to set a special registration day at least 3 weeks before the scheduled initiative or referendum

Answer 11

(1) Chairman: Election Officer. (2) Members: (a) Public school official most senior in rank; and (b) Local civil registrar,

Answer 12

1. 4th civil degree of consanguinity or affinity of incumbent city or municipal elective official - automatically disqualified to preserve the integrity of the Election Registration Board

Answer 13

(1) accept an appointment, to assume office and to actually serve as a member of the Board although ineligible thereto (Sec. 45d, R.A. 8189), or (2) appoint such ineligible person knowing him to be ineligible (Sec. 45d, R.A. 8189)

Answer 14

- To hear and process all applications for registration. - Meet quarterly on the 3rd Monday of April, July, October and January of every calendar year

Answer 15

not less than 120 days before a regular election and 90 days before a special election

Answer 16

(1) he transfers residence to another city or municipality; or (2) his registration has been cancelled on the ground of disqualification and such disqualification has been lifted or removed

Answer 17

Any person applying for registration may be challenged before the Election Registration Board: * by any voter, * by any candidate, or * by any representative of a registered political party. Such challenge must be made in writing, under oath and must state the grounds therefor

Answer 18

numeration of names of registered voters in a precinct duly certified by the Election Registration Board for use in the election.

Answer 19

with the assistance of the Election Officer or any member of an accredited citizen’s arm. application for registration - prepared by any relative within the fourth civil degree of consanguinity or affinity or by the Election Officer or any member of an accredited citizen’s arm using the data supplied by the applicant

Answer 20

(1) TIME OF FILING: During office hours (2) NOTICE: ace, date and time of the hearing (personal delivery, registered mail, bulletin board city or municipal hall and in 2 other conspicuous places within the city or municipality) (3) CONTENTS: Petition shall refer only to 1 precinct, and shall implead the Board as respondents (4) COSTS: no cost except if done to harrass (5) INTERVENTION: Any voter, candidate or political party who may be affected by the proceedings may intervene and present his evidence. (6) EVIDENCE: Shall be based on the evidence presented. In no case shall a decision be rendered upon a stipulation of facts. fictitious voter - non-appearance - prima facie (7) DECISION: Petition shall be heard and decided within 10 days from date of filing. appeal - RTC 10 days from receipt of the appeal In all cases, the court 15 days before the election and the decision shall become final and executory.

Answer 21

Cases MTC: original and exclusive jurisdiction RTC: appellate jurisdiction Appeals must be made within 5 days from receipt of notice. Otherwise the decision of the MTC becomes final and executory after said period. The RTC shall decide the appeal within 10 days from the time the appeal was received, and its decision shall be final and executory. No motion for reconsideration shall be entertained.

Answer 22

any person whose application by registration has been disapproved by the Board of Election Inspectors or 71 (1) Any voter; (2) Any election officer; (3) Any duly registered political party

Answer 23

Petitioner may apply at any time except 105 days prior to a regular election or 75 days prior to a special election.

Answer 24

* any registered voter; * any representative of a political party; * the Election Officer

Answer 25

Such petition may be filed at any time except 100 days before a regular election or 65 days before a special election. It shall be decided within 10 days from filing.

Answer 26

"The petition for exclusion is a necessary component to registration since it is a safety mechanism that gives a measure of protection against flying voters, non-qualified registrants, and the like. The prohibitive period, on the other hand serves the purpose of securing the voter’s substantive right to be included in the list of voters."

Answer 27

summary character of the case.

Answer 28

Election Registration Board Appeal - MTC

Answer 29

refers to the compilation of all registration records in a precinct.

Answer 30

(1) The book of voters was not prepared in accordance with the provisions of R.A. 8189; (2) The book of voters was prepared through: * Fraud; or 75 days prior to a special election. (Sec. 34, R.A. 8189) Petition for Exclusion of Voters from the List The following may petition for the exclusion of a voter from the permanent list of voters: * any registered voter; * any representative of a political party; * the Election Officer Such petition may be filed at any time except 100 days before a regular election or 65 days before a special election. It shall be decided within 10 days from filing. (Sec. 35, R.A. 8189) "The petition for exclusion is a necessary component to registration since it is a safety mechanism that gives a measure of protection against flying voters, non-qualified registrants, and the like. The prohibitive period, on the other hand serves the purpose of securing the voter’s substantive right to be included in the list of voters." (Akbayan, et al v. COMELEC, G.R. No.147066, March 26, 2001) The citizenship of a person to be stricken from the list may be decided in the exclusion proceedings. However, the decision does not acquire the nature of res judicata considering the summary character of the case. Voters Excluded Through the Inadvertence or Registered with an Erroneous or Misspelled Name (Sec. 37, R.A. 8189) WHAT MAY BE FILED? (1) Petition for reinstatement - filed by any registered voter who has not been included in the precinct certified list of voters (2) Petition for correction of name - filed by any registered voter who has been included in the precinct certified list of voters with a wrong or misspelled name WHERE FILED? With the Election Registration Board If the petition is denied or not acted upon, the voter may file on any date with the proper MTC a petition for an order directing that the voter's name be entered or corrected in the list. The following must be attached to the petition: (1) Certified true copy of his registration record, or identification card, or the entry of his name in the list of voters used in the preceding election; (2) Proof that his application was denied or not acted upon by the Board; (3) Proof that the petitioner has served notice of his application to the Board Annulment of Book of Voters (Sec. 39, R.A. 8189) The book of voters refers to the compilation of all registration records in a precinct. (Sec. 3c, R.A. 8189) WHO MAY FILE PETITION FOR ANNULMENT: (1) The book of voters was not prepared in accordance with the provisions of R.A. 8189; (2) The book of voters was prepared through: * Fraud; * Bribery; * Forgery; * Impersonation; * Intimidation; * Force; or * Any similar irregularity (3) The book of voters contains data that are statistically improbable No order, ruling or decision annulling a book of voters shall be executed within 90 days before an election.

Answer 31

(a) Sentence by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or amnesty; (b) Adjudgment by final judgment of having committed any crime involving disloyalty to the duly constituted government (e.g. rebellion, sedition, violation of the firearms law) or any crime against national security, unless restored to his full civil and political rights in accordance with law; (c) Declaration of insanity or incompetence by competent authority, unless subsequently removed;

Answer 32

(1) The 3 grounds for disqualification to vote (2) Failure to vote in the 2 successive preceding regular elections, (3) Court order for exclusion of registration; and (4) Loss of Filipino citizenship

Answer 33

- by Sworn application - stating that the grounds for the deactivation no longer exist -any voter whose registration has been deactivated - Election Registration Board - Not later than 120 days before a regular election and 90 days before a special registration

Answer 34

an organized group of citizens advocating an ideology and policies for the general conduct of government -regularly nominates and supports certain of its leaders and members as candidates for public office.

Answer 35

(1) national party, 2) regional party,

Answer 36

(1) Acquire juridical personality; (2) Qualify for subsequent accreditation; and (3) Entitle them to the rights and privileges granted to political parties.

Answer 37

* To be voted upon as a party, provided that it is registered under the party-list system * To have a watcher in every Election Registration Board * To have a watcher and/or representative in the procurement and watermarking of papers * To have watchers who shall verify the contents of the boxes containing the shipment of official ballots, election returns and sample official ballots * To have one watcher in every polling place and canvassing center * To be present and to have counsel during the canvass of the election returns * To receive the 4th copy (if the dominant majority party) or the 5th copy (if the dominant minority party) of the election returns (Sec. 27, R.A. 7166 as amended by R.A. 8045 and R.A. 8173) * To inspect and/or copy at its expense the accountable registration forms and/or the list of registered voters in the precincts constituting the constituency at which the political party is fielding candidates (Sec. 42, R.A. 8189)

Answer 38

(1) attaching thereto its constitution and by-laws, platform or program of government and such other relevant information (2) publication of the petition for registration or accreditation in at least three newspapers of general circulation. (3) After due notice and hearing, the COMELEC shall resolve the petition within 10 days from the date it is submitted for decision. (Sec. 61, BP 881. Note however the discrepancy with Sec. 62 which states that resolution of the petition for registration or accreditation shall be 15 days from the date of submission for decision.)

Answer 39

* religious denominations and sects (Art. IX-C, Sec. 2 (5), 1987 Constitution; Sec. 61, BP 881) * those which seek to achieve their goals through violence or unlawful means (Art. IX-C, Sec. 2 (5), 1987 Constitution, Sec. 61, BP 881) * those which refuse to uphold and adhere to the Constitution (Art. IX-C, Sec. 2 (5), 1987 Constitution) * those supported by foreign governments (Art. IX-C, Sec. 2 (5), 1987 Constitution)

Answer 40

fails to obtain at least 10% of the votes cast in the constituency in which it nominated -after notice and hearing

Answer 41

(1) Accepting financial contributions from foreign governments or their agencies (Art. IX-C, Sec. 2 (5), 1987 Constitution); (2) The party is a religious sect or denomination, organization or association organized for religious purposes (Sec. 6 (1), R.A. 7941); (3) The party advocates violence or unlawful means to seek its goal (Sec. 6 (2), R.A. 7941); (4) The party is a foreign party or organization (Sec. 6 (3), R.A. 7941); (5) The party is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes (Sec. 6 (4), R.A. 7941); (6) The party violates or fails to comply with laws, rules or regulations relating to elections (Sec. 6 (5), R. A. 7941); (7) The party declares untruthful statements in its petition for registration (Sec. 6 (6), R.A. 7941); (8) The party has ceased to exist for at least 1 year (Sec. 6 (7), R.A. 7941); (9) The party fails to participate in the last 2 preceding elections (Sec. 6 (8), R.A. 7941); (10) If registered under the party-list system, the party fails to obtain at least 2% of the votes in the 2 preceding elections for the constituency in which it has registered. (Sec. 6 (8), R.A. 7941) Under the party-list system, the COMELEC may refuse or cancel registration either motu propio or upon verified complaint of any interested party, after due notice and hearing.

Answer 42

Pres., VP, Senators: 165 days before the date of the election Members of the House of Representatives 75 days before the day of Elective Provincial, City or Municipal Officers the election

Answer 43

mechanism of proportional representation in the election of representatives to the House of Representatives from national, regional and sectoral parties or organizations or coalitions thereof registered with the COMELEC.

Answer 44

to enable Filipino citizens belonging to marginalized and underrepresented sectors, organizations and parties, and who lack well defined political constituencies but who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole, to become members of the House of Representatives

Answer 45

(1) Political parties (2) Sectoral parties, i.e. organized groups of citizens belonging to the labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professional sectors, and whose principal advocacy pertains to the special interest and concerns of their sector (3) Sectoral organizations, (4) Coalitions,

Answer 46

Parties, organizations or coalitions that are already registered with the COMELEC need not register anew. However, should they wish to participate in the party-list system, they must file with the COMELEC a manifestation of such desire to participate not later than 120 days before the election

Answer 47

PETITION: Petition verified by the party/organization/coalition's president or secretary. The petition must state its desire to participate in the party-list system as a national, regional or sectoral party or organization or a coalition of such parties or organizations. WHEN FILED: Not later than 90 days before the election ATTACHMENTS: (1) Constitution; (2) By-laws; (3) Platform or program of government; (4) List of officers; (5) Coalition agreement (as applicable); (6) Other relevant information as may be required by the COMELEC After due notice and hearing, the COMELEC shall resolve the petition within 15 days from the date it was submitted for decision, but not later than 60 days before election.

Answer 48

Each registered party, organization or coalition shall submit to the COMELEC a list of not more than 5 names from which party-list representatives shall be chosen in case it obtains the required number of votes. This list must be submitted not later than 45 days before the election.

Answer 49

) The nominee must have all of the qualifications and none of the disqualifications for the exercise of the right of suffrage. Moreover, he/she must be a registered voter, able to read and write, and at least 25 years on the day of the election. In case of youth sector nominees, such nominees must be at least 25 but not more than 30 yrs. old on the day of the election. (Sec. 9) (2) The nominee must be a bona fide member of the party or organization which he/she seeks to represent for at least 90 days preceding the day of the election. (Sec. 9) (3) An elected party-list representative who changes his political party or sectoral affiliation within 6 months before an election is not eligible for nomination as party-list representative under his new party or organization. (Sec. 15) (4) A person may be nominated in 1 list only. (Sec. 8) (5) Only persons who have given their consent in writing may be named in the list. (Sec. 8)

Answer 50

Elected nationally, with party-list organizations garnering at least 3% of all the votes cast for the party-list system entitled to 1 seat, which is increased according to proportional representation, but is in no way to exceed 3 seats per organization

Answer 51

No special residency requirement

Answer 52

Voted upon by party or organization. It is only when a party is entitled to representation that it designates who will sit as representative.

Answer 53

Loses his seat, in which case he/she will be substituted by another qualified person in the party / organization based on the list submitted to the COMELEC.

Answer 54

A substitution will be made within the party, based on the list submitted to the COMELEC.

Answer 55

A party-list representative is prohibited from sitting as representative under his new party or organization.

Answer 56

party-list representative cannot sit if he ran and lost in the previous election.

Answer 57

Any bona fide non-partisan group, association or organization - from the civic, youth, professional, educational, business or labor sectors - with identifiable leadership, membership and structure, - and with demonstrated capacity to promote the public interest and assist the COMELEC in the performance of its functions and activities as mandated by the Constitution and by law

Answer 58

Any group seeking accreditation may file a petition for accreditation, duly verified by its President, Chairman of the Board of Directors, or any of its duly authorized officers.

Answer 59

(a) The constituency to which petitioner seeks accreditation; (b) That it is not supporting any candidate, political party, organization or coalition of political parties, in the constituency where it seeks accreditation; (c) Nature of its membership; names of its officers or organizers, location of principal office or place of business, and an assurance of its capability to undertake a coordinated operation and activity to assist the COMELEC; (d) That it shall submit itself to the direct and immediate control and supervision and comply with the orders of the COMELEC in the performance of its specific functions and activities provided by law, and such other functions and activities provided by law, and such other functions and activities which the COMELEC may assign; (e) That it shall strictly remain non-partisan and impartial during the registration and election periods; (f) That it is not supported by or under the influence of any foreign government or any of its agencies or instrumentalities; or of any foreigner, whether natural or juridical person; (g) That it shall not solicit or receive, directly or indirectly, any contribution or aid of whatever form or nature from any foreign government or any of its agencies or instrumentalities, or from any foreigner, whether natural or juridical person; (h) That it does not seek to achieve its objectives, goals or programs through violence or other unlawful means, nor aim to propagate any ideology opposed to the principles of a republican and democratic government; and (i) That it undertakes to police its ranks and prevent infiltration by persons or groups of persons who may, directly or indirectly, destroy its character of non-partisanship and impartiality.

Answer 60

Upon the filing of the petition, the COMELEC en banc shall immediately set the petition for hearing. The COMELEC may order the publication of the petition in a newspaper of general circulation if it deems such necessary. Publication shall be at the expense of the petitioner.

Answer 61

The accreditation of the petitioner may be opposed by any person, group, association, group or organization, political party or coalition of political parties possessing relevant information or evidence against the petitioner by filing a verified opposition. However, notwithstanding the absence of any opposition, the COMELEC may motu proprio require the petitioner to present evidence to support its petition for accreditation.

Answer 62

(a) The name of the group or organization; (b) The constituency to which it is accredited; and (c) The political exercise for which it is accredited

Answer 63

(1) The citizens' arm has showed or acted with partiality in any political issue or to any political party, organization or coalition of political parties; (2) It has performed acts in excess of its duties and functions as provided by law; or (3) It has failed to comply with the conditions imposed upon it in the decision granting accreditation.

Answer 64

The accreditation automatically lapses at the end of the election period of the political exercise for which the petitioner was accredited as citizens' arm.

Answer 65

Any person aspiring for or seeking an elective public office, who has filed a certificate of candidacy by himself or through an accredited political party, aggroupment, or coalition of parties.

Answer 66

A political party may nominate and/or support candidates not belonging to it. (Sec. 70, BP 881) Note however that this is not applicable in cases of political parties registered under the party-list system, as nominees must necessarily be bona fide members of the party.

Answer 67

Qualifications prescribed by law are continuing requirements and must be possessed for the duration of the officer's active tenure. Once any of the required qualifications are lost, his title to the office may be seasonably challenged.

Answer 68

Certificates must be filed by the candidate personally or by his duly authorized representative. No certificate shall be filed by mail, telegram or facsimile. (Sec. 7, R.A. 7166)

Answer 69

Certificates of candidacy must be filed in 12 legible copies not later than 120 days before the elections.

Answer 70

President |Vice-Pres | Senator - COMELEC main office (Mla) Congressman - Provincial election supervisor Congressman - Provincial election supervisor If NCR district: File with Regional Election Director If legislative district in cities outside NCR which comprise one or more legislative districts: File with City election registrar concerned Provincial Offices - Provincial election supervisor City / Municipal Offices - City or municipal election registrar

Answer 71

* That the person filing the certificate is announcing his candidacy for the office stated therein and that he or she is eligible for such office; * The political party to which the candidate belongs; * Civil status; * Date of birth; * Residence; * Post office address for all election purposes; * Profession or occupation; * That he / she will support and defend the Constitution of the Philippines and will maintain faith and allegiance thereto; * That he / she will obey the laws, legal orders, and decrees promulgated by the duly constituted authorities; * That he / she is not a permanent resident or immigrant to a foreign country; * That the obligation imposed by oath is assumed voluntarily, without mental reservation or purpose of evasion; * That the facts stated in the certificate of candidacy are true to the best of his knowledge.

Answer 72

Note: Sec. 67 of BP 881 and the first proviso of Sec. 11 of R.A. 8436 (which states that "Any elective official, running for any officer other than one which he is holding in a permanent capacity, except for President and Vice-President, shall be considered ipso facto resigned upon the start of the campaign period") have been repealed by Sec. 14 of R.A. 9006 (Fair Election Act of 2001). Any mass media columnist, commentator, announcer, reporter, on-air correspondent or personality who is a candidate for any elective public office shall be deemed resigned, if so required by his/her employer, or shall take a leave of absence from his/her work as such during the campaign period. (Sec. 6.6, R.A. 9006)

Answer 73

A person who has filed a certificate of candidacy may withdraw the same prior to the election by submitting to the office concerned a written declaration under oath.

Answer 74

he shall not be eligible for any of them. However, he may declare under oath the office for which he desires to be eligible and cancel the certificate of candidacy for the other office or offices provided that this is done before the expiration of the period for the filing of certificates of candidacy.

Answer 75

The filing of the withdrawal shall not affect whatever civil, criminal, or administrative liabilities which a candidate may have incurred.

Answer 76

(1) status; (2) acts; (3) nuisance candidacy; and (4) falsity of material representation in the certificate of candidacy

Answer 77

(1) Lack of Filipino citizenship; (2) Lack of residency requirement; (3) Insanity or incompetence, as declared by competent authority; (4) Permanent residence or immigrant status in a foreign country, unless such person has waived his status as permanent resident or immigrant in accordance with the residence requirement provided for in the election laws

Answer 78

* Subversion, insurrection, rebellion; * Any offense for which the candidate has been sentenced to a penalty of more than 18 months of imprisonment; * Any offense involving moral turpitude; Moral turpitude is an act of a baseness, vileness, or depravity in the private duties which a man owes to his fellow men, or to society in general, contrary to the accepted and customary rule of right and duty between man and woman or conduct contrary to justice, honesty, modesty or good morals. The general rule is that crimes mala in se involve moral turpitude while crimes mala prohibita do not. Moral turpitude implies something immoral in itself, regardless of the fact that it is punishable by law or not. (Dela Torre v. COMELEC, 191 SCRA 229) * Having given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions (Sec. 68a, BP 881); * Having committed acts of terrorism to enhance his candidacy (Sec. 68b, BP 881); * Having spent in his election campaign an amount in excess of that allowed by the Omnibus Election Code (Sec. 68c, BP 881); * Having solicited, received or made any contribution prohibited under the Omnibus Election Code (Sec. 68d, BP 881; cf. Secs. 89, 95, 96, 97 and 104); * Having engaged in election campaign or partisan political activity outside the campaign period and not pursuant to a political party nomination (Sec. 68e, BP 881, cf. Sec. 80); * Having removed, destroyed, obliterated, defaced or tampered with or prevented the distribution of lawful election propaganda (Sec. 68e, BP 881, cf. Sec. 83); * Having violated the rules and regulations on election propaganda through mass media (Sec. 68e, BP 881, cf. Sec. 86); * Having coerced, intimidated, compelled, or in any manner influenced, directly or indirectly, any of his subordinates or members, or employees, etc. to aid, campaign or vote for or against any candidate or any aspirant for the nomination or selection of candidates (Sec. 68e, BP 881, cf. Sec. 261d); * Having directly or indirectly threatened, intimidated, or actually caused, inflicted or produced any violence, injury, punishment, damage, loss or disadvantage upon any person or that of the immediate members of his family, his honor or property, or used any fraudulent device or scheme to compel or induce or prevent the registration of any voter, or the participation in any campaign, or the casting of any vote, or any promise of such registration, campaign, vote, or omission herefrom (Sec. 68e, BP 881, cf. Sec. 261e); * Having engaged in unlawful electioneering (Sec. 68e, BP 881, cf. Sec. 261k); * Having violated the prohibition against release, disbursement or expenditure of public funds 45 days before a regular election (or 30 days in the case of a special election) (Sec. 68e, BP 881, cf. Sec. 261v); * Having solicited votes or undertaken any propaganda on the day of election for or against any candidate or any political party within the polling place or within a radius of 30 m. thereof (Sec. 68e, BP 881, cf. Sec. 251cc)

Answer 79

(a) To put the election process in mockery or disrepute; or (b) To cause confusion among the voters by the similarity of the names of the registered candidates, or (c) Clearly demonstrating that he/she has no bona fide intention to run for the office which the certificate of candidacy has been filed, and thus prevents a faithful determination of the true will of the electorate. (Sec. 69, BP 881)

Answer 80

Falsity of a material representation in the certificate of candidacy is a ground for the denial of due course to or cancellation of a certificate of candidacy under Sec. 78 of BP 881.

Answer 81

(1) Those sentenced by final judgment for an offense punishable by one year or more of imprisonment and within 2 years after serving sentence. (2) Those removed from office as a result of an administrative case. (3) Those convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines. (4) Those with dual citizenship. See Mercado v. Manzano (LocGov) (5) Fugitives from justice in criminal and non-political cases here and abroad. (6) Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of the Local Government Code. (7) Those who are insane or feeble-minded.

Answer 82

- after the last day for filing of the certificates of candidacy  ONLY a person belonging to, and certified, by the same political party, may file a certificate of candidacy to replace him. - between the day before the election and mid-day of the election day  the certificate may be filed with any Board of Election Inspectors in the political subdivision where he is a candidate or with the COMELEC if it is a national position.

Answer 83

declared by final decision of a competent court guilty of, or found by the Commission of having (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, shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office. 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.

Answer 84

A verified petition seeking to deny due course or to cancel a certificate of candidacy may be filed by the person exclusively on the ground that any material representation contained therein as required under Section 74 hereof is false. The petition may be filed at any time not later than twenty-five days from the time of the filing of the certificate of candidacy and shall be decided, after due notice and hearing, not later than fifteen days before the election.

Answer 85

The COMELEC shall cause to be printed a certified list of candidates for each office to be voted for in each province, city or municipality immediately followed by the nickname or stage name of the candidate and his political affiliation, if any. The list shall be posted inside each voting booth. Whenever practicable, the Board of Election Inspectors shall cause said list of candidates to be written on the blackboard or manila paper for posting inside the polling place. The names of all candidates followed by his nickname or stage name shall also be printed in the election returns and tally sheets. (Sec. 4, R.A. 6646)

Answer 86

It is an act designed to promote the election or defeat of a particular candidate or candidates to a public office. It does not include public expressions of opinions or discussions of probable issues in a forthcoming election or on attributes or criticisms of probable candidates proposed to be nominated in a forthcoming political party convention.

Answer 87

* Members of the board of election inspections are prohibited from engaging in any partisan political activity or from taking part in the election except to discharge their duties as such and to vote * Officers or employees of the civil service are prohibited from engaging directly or indirectly in any electioneering or partisan political campaigns. (Art. IX-B, Sec. 2 (4), 1987 Constitution) * Members of the military are prohibited from engaging directly or indirectly in any partisan political activity except to vote. (Art. XVI, Sec. 5 (3), 1987 Constitution)

Answer 88

It is prohibited for any person, political party or association of persons to engage in an election campaign or partisan political activity except during the campaign period. Violation of this prohibition constitutes an election offense. (

Answer 89

Unless otherwise fixed in special cases by the Commission on Elections, which hereinafter shall be referred to as the Commission, the election period shall commence ninety days before the day of the election and shall end thirty days thereafter. The period of campaign shall be as follows: 1. Presidential and Vice-Presidential Election - 90 days; 2. Election of Members of the Batasang Pambansa and Local Election - 45 days; and 3. Barangay Election - 15 days. The campaign periods shall not include the day before and the day of the election.1âwphi1 However, in case of special elections under Article VIII, Section 5, Subsection (2) of the Constitution, the campaign period shall be forty-five days.

Answer 90

* Pamphlets, leaflets, cards, decals, stickers, or other written or printed materials the size of which does not exceed 8 ½ inches in width and 14 inches in length; * Handwritten or printed letters urging voters to vote for or against any particular political party or candidate for public office; * Cloth, paper or cardboard posters, whether framed or posted, with an area not exceeding 2 feet by 3 feet. NOTE: Streamers not exceeding 3 feet by 8 feet in size are allowed at the site and on occasion of a public meeting or rally or in announcing the holding of such meeting or rally. Such streamers may be displayed 5 days before the date of the meeting or rally and shall be removed within 24 hours after said meeting or rally. * Paid advertisements in print or broadcast media. Such advertisements must comply with the following requirements: * Any published or printed political matter and any broadcast of election propaganda by TV or radio for or against a candidate or group of candidates to any public office shall bear and be identified by the reasonably legible or audible words “political advertisement paid for” followed by the true and correct name and address of the candidate or party for whose benefit the election propaganda was printed or aired. (Sec. 4.1, R.A. 9006) * If the broadcast is given free of charge by the radio or TV station, it shall be identified by the words "airtime for this broadcast was provided free of charge by" followed by the true and correct name and address of the broadcast entity. (Sec. 4.2, R.A. 9006) * Print, broadcast or outdoor advertisements donated to the candidate or political party shall not be printed, published, broadcast or exhibited without the written acceptance by the said candidate or political party. Such written acceptance must be attached to the advertising contract and submitted to the COMELEC within 5 days after its signing. * All other forms of election propaganda not prohibited by the Omnibus Election Code or the Fair Election Act of 2001.

Answer 91

For any foreigner: * to aid any candidate or political party, directly or indirectly; * to take part or influence in any manner any election; * to contribute or make any expenditure in connection with any election campaign or partisan political activity For any person during the campaign period: * to remove, destroy, obliterate or in any manner deface or tamper with lawful election propaganda; * to prevent the distribution of lawful election propaganda For any candidate, political party, organization or any person: * to give or accept, directly or indirectly, free of charge, transportation, food or drinks or things of value during the five hours before and after a public meeting, on the day preceding the election, and on the day of the election; * to give or contribute, directly or indirectly, money or things of value for such purpose.

Answer 92

*Bona fide candidates and registered political parties running for nationally elective office are entitled to not more than 120 minutes of TV advertisement and 180 minutes of radio advertisement whether by purchase or by donation; *Bona fide candidates and registered political parties running for locally elective office are entitled to not more than 60 minutes of TV advertisement and 90 minutes of radio advertisement whether by purchase or by donation; * Broadcast stations or entities are required to submit copies of their broadcast logs and certificates of performance to the COMELEC for the review and verification of the frequency, date, time and duration of advertisement broadcast for any candidate or political party; * All mass media entities are required to furnish the COMELEC with a copy of all contracts for advertising, promoting or opposing any political party or the candidacy of any person for public office within 5 days after its signing; * No franchise or permit to operate a radio or TV station shall be granted or issued, suspended or cancelled during the election period.

Answer 93

Moreover, media practitioners who are officials of a political party or members of the campaign staff of a candidate or political party prohibited from using their media time or space to favor any candidate or political party. Media practitioners or personalities who are candidates for any elective public office or are campaign volunteers for or employed or retained in any capacity by any candidate or political party shall be deemed resigned, if so required by their employer, or shall take a leave of absence from their work as such during the campaign period.

Answer 94

No movie, cinematograph, or documentary portraying the life or biography of a candidate shall be publicly exhibited in a theater, TV station or any public forum during the campaign period. The same is true for movies, cinematographs and documentaries portrayed by actors or media personalities who are themselves candidates.

Answer 95

The holding of peaceful political rallies during the campaign period is allowed. In order to hold rallies, political parties must follow the requirements of local ordinances on the issuance of permits. All applications for permits to hold meetings, rallies and other similar political activities must be immediately posted in a conspicuous place in the city or municipal building, and the receipt thereof acknowledged in writing. Such applications must be acted upon in writing by local authorities concerned within 3 days after the filing thereof. If the application is not acted upon within said period, it is deemed approved. 80 paramount. The only justifiable ground for denial of the application for the permit is that a prior written application by any candidate or political party for the same purpose has been approved. Denial of any application for said permit is appealable to the provincial election supervisor or to the COMELEC whose decision shall be made within 48 hours and which shall be final and executory.

Answer 96

The political party or candidate must notify the election registrar of any rally. Within 7 working days, the political party or candidate must submit to the election registrar the expenses incurred during the rally.

Answer 97

The COMELEC shall procure space in at least one newspaper of general circulation in every province or city, or in the absence of such newspaper, in any other magazine or periodical in said province or city, which shall be known as “COMELEC Space.” COMELEC space shall be allocated to the COMELEC upon payment of just compensation, and shall be utilized exclusively by the COMELEC for public information dissemination on election-related concerns.

Answer 98

The COMELEC shall likewise air time in at least 1 major broadcasting station or entity in every province or city, or in the absence of such entity, in any radio or TV station in said province or city, which shall be known as "COMELEC time." Such COMELEC time shall be allocated to the COMELEC free of charge, and shall be utilized exclusively by the COMELEC for public information dissemination on election-related concerns. (Sec. 8, R.A. 9006)

Answer 99

The COMELEC may authorize political parties and party-list groups to erect common poster areas for their candidates in not more than 10 public places such as plazas, markets, barangay centers and the like, wherein candidates can post, display or exhibit propaganda. Such poster areas shall not exceed 12 feet by 16 feet or its equivalent.

Answer 100

The COMELEC shall cause the printing and supervise the dissemination of bulletins which shall contain the picture, bio-data and program of government of every candidate.

Answer 101

At least 30 days before an election, the COMELEC shall furnish every registered voter with an unfilled official sample ballot, voter information sheet, and a list of all registered

Answer 102

The COMELEC shall encourage non-political non-partisan private or civic organization to initiate and hold in every city and municipality, public for a at which all registered candidates for the same office may simultaneously and personally participate to present, explain and/or debate on their campaign platforms and programs and other like issues.

Answer 103

Election surveys refer to the measurement of opinions and perceptions of the voters as regards a candidate's popularity, qualifications, platforms or a matter of public discussion in relation to the election, including voters' preference for candidates or publicly discussed issues during the campaign period.

Answer 104

It must be noted that Sec. 5.4 which prohibits the publication of surveys 15 days (for national candidates) or 7 days (for local candidates) before an election was declared unconstitutional by the Supreme Court upon a petition filed by the Manila Standard and Social Weather Station, Inc. (SWS) The decision, which was penned by Justice V.V. Mendoza, stated that the provision "constitutes an unconstitutional abridgment of freedom of speech, expression and the press... as it imposes prior restraint and therefore, a direct and total suppression of a category of expression even for a limited period." (Exact title of case and citation not available as of this writing. See front page of Philippine Star, May 6, 2001, for details.)

Answer 105

Pollsters shall not conduct their surveys within 50 meters from the polling place, whether said survey is taken in a home, dwelling place and other places; * Pollsters shall wear distinctive clothing; * Pollsters shall inform the voters that they may refuse to answer; and * The result of the exit polls may be announced after the closing of the polls on election day, and must clearly identify the total number of respondents, and the places where they were taken. Said announcement shall state that the same is unofficial and does not represent a trend.

Answer 106

includes a gift, donation, subscription, loan, advance or deposit of money or anything of value, or a contract, promise or agreement to contribute, whether or not legally enforceable, made for the purpose of influencing the results of the elections but shall not include services rendered without compensation by individuals volunteering a portion or all of their time in behalf of a candidate or political party.

Answer 107

* Public or private financial institutions. However, they are not prohibited from making any loan to a candidate or political party if: (a) the financial institutions are legally in the business of lending money, (b) the loan is made in accordance with laws and regulations; AND, (c) the loan is made in the ordinary course of business. * Natural and juridical persons operating a public utility or in possession of or exploiting any natural resources of the nation; * Natural and juridical persons who hold contracts or sub-contracts to supply the government or any of its divisions, subdivisions or instrumentalities, with goods or services or to perform construction or other works; * Natural and juridical persons who have been granted franchises, incentives, exemptions, allocations or similar privileges or concessions by the government or any of its divisions, subdivisions or instrumentalities, including GOCCs; * Natural and juridical persons who, within 1 year prior to the date of the election, have been granted loans or other accommodations in excess of P100,000 by the government or any of its divisions, subdivisions or instrumentalities including GOCCs; * Educational institutions which have received grants of public funds amounting to no less than P100,000.00; * Officials or employees in the Civil Service, or members of the Armed Forces of the Philippines; * Foreigners and foreign corporations, including foreign governments. (Sec. 96, BP 881)

Answer 108

* dances, * lotteries, * cockfights, * games, * boxing bouts, * bingo, * beauty contests, * entertainments, or cinematographic, theatrical It is unlawful for any person or organization, whether civic or religious, directly or indirectly, to solicit and/or accept from any candidate for public office, or from his campaign manager, agent or representative, or any person acting in their behalf, any gift, food, transportation, contribution or donation in cash or in kind from the commencement of the election period up to and including election day. Note, however, that normal and customary religious stipends, tithes, or collections on Sundays and/or other designated collection days, are excluded from this prohibition.

Answer 109

“Expenditure" includes the payment or delivery of money of anything of value, or a contract, promise or agreement to make an expenditure, for the purpose of influencing the results of the election. It shall also include the use of facilities personally owned by the candidate, the money value of the use of which can be assessed based on the rates prevailing in the area.

Answer 110

President and Vice-President: P 10 for every voter currently registered * Other Candidates: P 3 for every voter current registered in the constituency where he filed his certificate of candidacy * Candidates Without a Political Party: P 5 for every voter For Political Parties P 5 for every voter currently registered in the constituency or constituencies where it has official candidates

Answer 111

(a) For traveling expenses of the candidates and campaign personnel in the course of the campaign and for personal expenses incident thereto; (b) For compensation of campaigners, clerks, stenographers, messengers, and other persons actually employed in the campaign; (c) For telegraph and telephone tolls, postage, freight and express delivery charges; (d) For stationery, printing and distribution of printed matters relative to candidacy; (e) For employment of watchers at the polls; (f) For rent, maintenance and furnishing of campaign headquarters, office or place of meetings; (g) For political meetings and rallies and the use of sound systems, lights and decorations during said meetings and rallies; (h) For newspaper, radio, TV and other public advertisements; (i) For employment of counsel, the cost of which shall not be taken into account in determining the amount of expenditures which a candidate or political party may have incurred; (j) For copying and classifying list of voters, investigating and challenging the right to vote of persons registered in the list; such costs shall not be taken into account in determining the amount of expenses which a candidate or political party may have incurred; (k) For printing sample ballots in such color, size and maximum number as may be authorized by the COMELEC, such costs not to be taken into account in determining the amount of expenses which a candidate or political party may have incurred;

Answer 112

* The candidate; * The treasurer of a political party; * Any person authorized by such candidate or treasurer.

Answer 113

(1) be in writing; (2) be signed by the candidate or the treasurer of the party; (3) show the expenditures so authorized; (4) state the full name and exact address of the person so designated; and (5) be furnished the COMELEC.

Answer 114

No candidate, his or her spouse or any relative within the second civil degree of consanguinity or affinity, or his campaign manager, agent or representative shall during the campaign period, on the day before and on the day of the election, directly or indirectly, make any donation, contribution or gift in cash or in kind, or undertake or contribute to the construction or repair of roads, bridges, school buses, puericulture centers, medical clinics and hospitals, churches or chapels cement pavements, or any structure for public use or for the use of any religious or civic organization.

Answer 115

Within 30 days after election day, the candidate and the treasurer of the political party must file with the COMELEC duplicate copies of the full, true and itemized statement of all contributions and expenditures in connection with the election.

Answer 116

No person elected to any public office shall enter upon the duties of his office until he has filed the statement of contributions and expenditures. (Sec. 14, R.A. 7166) The same prohibition also applies if the political party of the winning candidate fails to file the statement within the required period

Answer 117

An election is constituted when there is a plurality of votes sufficient for a choice conditioned on the plurality of valid votes or a valid constituency regardless of the actually number of votes cast. Otherwise, there would be no winner.

Answer 118

(1) The election in any polling place has not been held on the date fixed on account of force majeure, violence, terrorism, fraud, or other analogous causes; (2) The election in any polling place had been suspended before the hour fixed by law for the closing of the voting on account of force majeure, violence, terrorism, fraud, or other analogous causes; and (3) After the voting and during the preparation and transmission of the election returns or in the custody or canvass thereof such election results in a failure to elect on account of force majeure, violence, terrorism, fraud or other analogous causes.

Answer 119

COMELEC en banc by a majority vote of its members.

Answer 120

date reasonably close to the date of the election not held, suspended, or which resulted in a failure to elect but not later than 30 days after the cessation of the cause of such suspension or failure to elect.

Answer 121

An election may be postponed by the COMELEC either motu proprio or upon a verified petition by any interested party when there is violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, or other analogous cause of such a nature that the holding of a free, orderly and honest election becomes impossible in any political subdivision.

Answer 122

the COMELEC en banc by a majority vote of its members.

Answer 123

In case a permanent vacancy occurs in the Senate or House of Representatives at least 1 year before the expiration of the term, the COMELEC shall call and hold a special election to fill the vacancy not earlier than 60 days nor longer than 90 days after the occurrence of the vacancy.

Answer 124

Voter must vote in person. Voter must vote but once. Voter need not vote the whole ticket.

Answer 125

A legal voter will not be compelled to disclose for whom he voted. Moreover, third persons are not permitted to testify to its purport. The voter may, however, if he chooses, waive his privilege of secrecy and voluntarily disclose the contents of his ballot. Thus, it was held in the case of ABS-CBN v. COMELEC (January 28, 2000) that exit polls are valid since they are voluntary and do not require a voter to reveal the contents of his or her ballot if he or she does not want to.

Answer 126

* members of the AFP * members of the PNP * other government officers and employees

Answer 127

* chairman * poll clerk * member The entire Board shall be composed of public school teachers, priority to be given to those with permanent appointments. OR: teachers in private schools; * employees in the civil service; or * other citizens of known probity and competence who are registered voters of the city or municipality

Answer 128

1) public school teachers 2) be of good moral character and irreproachable reputation 3) a registered voter of the City or municipality 4) never been convicted of any election offense or any other crime punishable by more than 6 months imprisonment 5) able to speak and write English or the local dialect

Answer 129

1) must not be related within the 4th civil degree by consanguinity or affinity to any member of the BEI or to any candidate to be voted for in the polling places 2) must not engage in any partisan political activity

Answer 130

* Conduct the voting and counting of votes in their respective polling places; * Act as deputies of the Commission in the supervision and control of the election in the polling places wherein they are assigned, to assure the holding of the same in a free, orderly and honest manner; * Perform such other functions prescribed by the Omnibus Election Code or by the rules and regulations promulgated by the COMELEC

Answer 131

1) Qualified voter of the city or municipality 2) Good reputation 3) Never been convicted of any election offence or any crime 4) Knows how to read and write English, Pilipino or any of the prevailing local dialects 5) Not related within the 4th civil degree by consanguinity or affinity to any member of the BEI in the polling place where he seeks appointment as watcher.

Answer 132

1) Qualified voter of the city or municipality 2) Good reputation 3) Never been convicted of any election offence or any crime 4) Knows how to read and write English, Pilipino or any of the prevailing local dialects 5) Not related within the 4th civil degree by consanguinity or affinity to any member of the BEI in the polling place where he seeks appointment as watcher.

Answer 133

In every case, before delivering an official ballot to the voter, the chairman of the Board of Election Inspectors shall affix his signature at the back of the ballot in the presence of the voter. Failure to authenticate shall be noted in the minutes of the Board of Election Inspectors and shall constitute an election offense. (Sec. 24, R.A. 7166) There is nothing in the law that provides that a ballot which has not been authenticated shall be deemed spurious. The law merely makes the Chairman of the Board of Election Inspectors accountable for such an omission. (Libanan v. HRET, G.R. No. 129783, December 22, 1997) Thus, it was held in Punzalan v. COMELEC (289 SCRA 702) that the ballot is valid even if it is not signed at the back by the BEI Chairman.

Answer 134

If a voter should accidentally spoil or deface a ballot in such a way that it cannot lawfully be used, he shall surrender it folded to the chairman who shall note in the corresponding space in the voting record that said ballot is spoiled. The voter shall then be entitled to another ballot which the chairman shall give him after announcing the serial number of the second ballot and recording the serial number in the corresponding spaces in the voting record.

Answer 135

The counting of votes is conducted by the Board of Election Inspectors, which shall not adjourn or postpone or delay the count until it has been fully completed, unless otherwise ordered by the COMELEC.

Answer 136

in the polling place the votes cast and ascertain the results. The Board shall not adjourn or postpone or delay the count until it has been fully completed, unless otherwise ordered by the COMELEC.

Answer 137

Marked ballots are ballots containing a distinguishing mark which would tend to identify the voter who cast such ballot. Marked ballots are ballots containing a distinguishing mark which would tend to identify the voter who cast such ballot.

Answer 138

DOUBTS are to be resolved in FAVOR of the validity of ballots. The purpose is of election laws is to give effect and not to frustrate the WILL of the voter. LIBERAL CONSTRUCTION in reading the ballots, and intendments should be in favor of a reading which render the ballot EFFECTIVE rather than in favor of a conclusion which on some technical grounds would render it ineffective. Minor blemishes should not affect the validity of the ballot where the intention of the voter to vote for certain persons is discernible in the ballot. Errors in spelling, honest mistakes due to ignorance or illiteracy should not defeat the intention of the voter. However, if the ballot is so defective as to fail to show any intention, it must be disregarded.

Answer 139

The election returns are the official document containing the date of the election, the province, municipality and the precinct in which it is held, and the votes received by each candidate written in figures and in words. It is the document on which the Certificates of Canvass are based, and is the only document that constitutes sufficient evidence of the true and genuine results of the elections.

Answer 140

The chairman of the Board of Election Inspectors shall make an ORAL and PUBLIC ANNOUNCEMENT of the TOTAL number of votes in the polling place for EACH candidate by the upon the completion of the election returns.

Answer 141

The certificate of votes is a document which contains the number of votes obtained by each candidate written in words and figures, the number of the precinct, the name of the city or municipality and province, the total number of voters who voted in the precinct, and the date and time issued. It must be signed and thumb marked by each member of the Board.

Answer 142

The canvass of votes refers to the process by which the results in the election returns are tallied and totaled. Certificates of canvass are official tabulations of votes accomplished by district, municipal, city and provincial canvassers based on the election returns, which are the results of the ballot count at the precinct level.

Answer 143

Canvass proceedings are administrative and summary in nature. A majority vote of all the members of the board shall be necessary to render a decision. (Sec 255 BP 881)

Answer 144

The chairman and the members of the Board of Canvassers shall not be related within the 4th civil degree of consanguinity or affinity to any of the candidates whose votes will be canvassed by said board, or to any member of the said board. (Sec. 222, B.P. 881) * No member or substitute member of the different boards of canvassers shall be transferred, assigned or detailed outside of his official station, nor shall he leave said station without prior authority of the COMELEC during the period beginning election day until the proclamation of the winning candidates. (Sec. 223, B.P. 881) * No member of the board of canvassers shall feign illness in order to be substituted on election day until the proclamation of the winning candidates. Feigning of illness constitutes an election offense. (Sec. 224, B.P. 881)

Answer 145

COMELEC has direct control and supervision over the board of canvassers. Any member of the Board may, at any time, be relieved for cause and substituted motu propio by the COMELEC. (Sec. 227, B.P. 881) COMELEC has the power to investigate and act on the propriety or legality of the canvass of election returns made by the board of canvassers.

Answer 146

A canvassing board's task is to compile and add the results as they appear in the election returns transmitted to it. When Ministerial If there are no irregularities in the election returns, the duty of the Board in canvassing the votes on the election returns submitted to it consists in the simple matter of arithmetic. Once the COMELEC or the board of canvassers is satisfied in the authenticity of the returns, it has no power to look beyond the face thereof, and its task of tallying is merely ministerial. When Quasi-Judicial The board of canvassers must be satisfied that the election returns submitted to it are genuine and authentic. Thus, the board of canvassers will not be compelled to canvass the returns when they are found to be: * obviously manufactured; * contrary to probabilities; * clearly falsified; or * not legible

Answer 147

Municipalities: 36 hours Cities not comprising at least 1 legislative district: 36 hours Cities comprising at least 1 legislative district: 48 hours Provinces: 72 hours Any violation of this requirement is an election offense.

Answer 148

After the canvass of election returns, in the absence of a perfected appeal to the COMELEC, the Board of Canvassers shall proclaim the candidates who obtained the highest number of votes cast in the province, city, municipality or barangay, on the basis of the certificates of canvass. Failure to comply with this duty constitutes an election offense. (Sec. 231, B.P. 881) The Board of Canvassers shall not proclaim any candidate as winner unless authorized by the COMELEC after the latter has ruled on any objections brought to it on appeal by a losing party. Any proclamation made in violation hereof shall be void ab initio, unless the contested returns will not adversely affect the results of the election. Once the Board of Canvassers has completed its duty, the board cannot meet again and re-canvass the votes or reverse their prior decision and announce different results.

Answer 149

A proclamation is void when it is based on incomplete returns (Castromayor v. COMELEC, 250 SCRA 298) or when there is yet no complete canvass (Jamil v. COMELEC, G.R. No. 123648, Dec. 15, 1997). A void proclamation is no proclamation at all, and the proclaimed candidate’s assumption into office cannot deprive the COMELEC of its power to annul the proclamation.

Answer 150

(1) False material representation in the certificate of candidacy; (2) If the certificate filed is a substitute Certificate of Candidacy, when it is not a proper case of substitution under Sec. 77 of BP 881 (Sec. 2, Rule 24, COMELEC Rules of Procedure)

Answer 151

A pre-proclamation controversy refers to any question or matter pertaining to or affecting the proceedings of the board of canvassers, or any matter raised under Sec. 233-236 of BP 881 in relation to the preparation, transmission, receipt, custody and appreciation of the election returns.

Answer 152

The COMELEC has exclusive jurisdiction over pre-proclamation cases. It may order, motu propio or upon written petition, the partial or total suspension of the proclamation of any candidate-elect or annul partially or totally any proclamation, if one has been made.

Answer 153

* President * Vice President * Senator * Member of the House of Representatives However, this does not preclude the authority of the appropriate canvassing body motu propio or upon written complaint of an interested person to correct manifest errors in the certificate of canvass or election returns before it.

Answer 154

1. Proclaimed the winner 2. Take oath 3. Assume office Only after all these requirements are fulfilled will the jurisdiction of COMELEC cease

Answer 155

(1) challenges directed against the composition or proceedings of the board of canvassers (not the board of election inspectors), or (2) challenges related to election returns to which a party must have made specific objections. -Canvassed election returns are either: * incomplete * contain material defects * appear to be tampered with or falsified * contain discrepancies in the same returns or in other authentic copies -The election returns were: * prepared under duress, threats, coercion, intimidation or * obviously manufactured or not authentic

Answer 156

The Comelec may entertain petitions for the correction of “manifest errors” in the Certificate of Canvass or in the election returns. To be “manifest”, the errors must appear on the face of the Certificates of Canvass or election returns sought to be corrected, and objections thereto must have been made before the Board of Canvassers and specifically noted in the minutes of their respective proceedings (Chavez vs. Comelec 211 SCRA 315) A “manifest error” is one that is visible to the eye or obvious to the understanding; that which is open, palpable, incontrovertible, needing no evidence to make it more

Answer 157

* Appreciation of ballots, as this is performed by the Board of Election Inspectors at the precinct level and is not part of the proceedings of the Board of Canvassers (Sanchez v. COMELEC, 153 SCRA 67, reiterated in Chavez v. COMELEC, 211 SCRA 315); * Technical examination of the signatures and thumb marks of voters (Balindong v. COMELEC, 260 SCRA 494; Matalam v. COMELEC, 271 SCRA 733); * Prayer for re-opening of ballot boxes (Alfonso v. COMELEC, G.R. No. 107847, June 2, 1994); * Padding of the Registry List of Voters of a municipality, massive fraud and terrorism (Ututalum v. COMELEC, 181 SCRA 335); * Challenges directed against the Board of Election Inspectors (Ututalum v. COMELEC, supra) * Fraud, terrorism and other illegal electoral practices. These are properly within the office of election contests over which electoral tribunals have sole, exclusive jurisdiction. (Loong v. COMELEC)

Answer 158

The period to file an election contest shall be SUSPENDED during the pendency of the pre-proclamation contest in the COMELEC or the Supreme Court. (Alangdeo v. COMELEC, June 1989) The right of the prevailing party in the pre-proclamation contest to the execution of COMELEC’s decision does not bar the losing party from filing an election contest. Despite the pendency of a pre-proclamation contest, the COMELEC may order the proclamation of other winning candidates whose election will not be affected by the outcome of the controversy.

Answer 159

A pre-proclamation controversy shall no longer be viable after the proclamation and assumption into office by the candidate whose election is contested. The remedy is an election protest before the proper forum.

Answer 160

1. The opponent is adjudged the true winner of the election by final judgment of court in an election contest; 2. The prevailing party is declared ineligible or disqualified by final judgment of a court in a QUO WARRANTO case; or 3. The incumbent is removed from office for cause.

Answer 161

The filing with the COMELEC of a petition to annul or to suspend proclamation suspends the running of the period to file an election protest. (Alangdeo v. COMELEC, June 1989) No law provides for a reglementary period within which to file a petition for the annulment of an election if there is as yet no proclamation. (Loong v. COMELEC, 257 SCRA 1) There is no fixed time frame within which to file a petition to annul a proclamation, the same being limited only by the standard of reasonableness.

Answer 162

A petition to declare a failure of election is neither an election protest nor a pre-proclamation controversy.

Answer 163

The COMELEC, sitting en banc, may declare a failure of election by a majority vote of its members. (Sec. 4, R.A. 71660 The COMELEC, in the case of actions for annulment of election results or declaration of failure of elections, may conduct technical examination of election documents and compare and analyze voters' signatures and fingerprints in order to determine whether or not the elections had indeed been free, honest and clean.

Answer 164

(1) No voting has taken place in the precincts concerned on the date fixed by law, or even if there was voting, the election nonetheless resulted in a failure to elect; and (2) The votes cast would affect the results of the election. (Mitmug v. COMELEC, 230 SCRA 54; Loong v. COMELEC, supra; Hassan v. COMELEC, 264 SCRA 125)

Answer 165

– Any candidate who, in an action or protest in which he is a party is declared by final decision of a competent court guilty of, or found by the Commission of having (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, shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office. 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.

Answer 166

A verified petition seeking to deny due course or to cancel a certificate of candidacy may be filed by the person exclusively on the ground that any material representation contained therein as required under Section 74 hereof is false. The petition may be filed at any time not later than twenty-five days from the time of the filing of the certificate of candidacy and shall be decided, after due notice and hearing, not later than fifteen days before the election.

Answer 167

"If the person declared as a nuisance candidate, and whose Certificate of Candidacy has been cancelled or denied due course, has the same name and/or surname as a bona fide candidate for the same office, the votes cast shall not be considered stray but shall be counted and tallied for the bona fide candidate," the Comelec en banc Resolution 9599 said. "If the person declared as a nuisance candidate, and whose Certificate of Candidacy has been cancelled or denied due course, does not have the same name and/or surname as a bona fide candidate for the same office, the votes cast for such nuisance shall be deemed stray," it said.

Answer 168

2. Section 78 of the Omnibus Election Code states that a certificate of candidacy may be denied or cancelled when there is false material representation of the contents of the certificate of candidacy. The Court has already likened a proceeding under Section 78 to a quo warranto proceeding under Section 253 of the OEC since they both deal with the eligibility or qualification of a candidate, with the distinction mainly in the fact that a “Section 78” petition is filed before proclamation, while a petition for quo warranto is filed after proclamation of the winning candidate. Clearly, the violation by Lonzanida of the three-term limit rule, or his conviction by final judgment of the crime of falsification under the Revised Penal Code, does not constitute a ground for a petition under Section 68. Lonzanida’s certificate of candidacy was cancelled because he was ineligible or not qualified to run for Mayor. Whether his certificate of candidacy is cancelled before or after the elections is immaterial because the cancellation on such ground means he was never a candidate from the very beginning, his certificate of candidacy being void ab initio. There was only one qualified candidate for Mayor in the May 2010 elections— Antipolo, who therefore received the highest number of votes.

Answer 169

Any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted. If for any reason a candidate is not disqualified before an election and he is subsequently voted for and receives the winning number of votes in such election, the COMELEC or the courts shall continue with the trial and hearing of the action, inquiry, or protest and may order the suspension of the proclamation of such candidate during the pendency of the case upon motion of the complainant or any intervenor, provided that evidence of his guilt is strong. (Sec. 6, R.A. 6646) The fact that the candidate who obtained the highest number of votes is later declared to be disqualified or not eligible for the office to which he was elected, does not necessarily entitle the candidate who obtained the second highest number of votes to be declared the winner of the elective office.

Answer 170

These are adversarial proceedings by which matters involving the title or claim to an elective office, made before or after proclamation of the winner, is settled whether or not the contestant is claiming the office in dispute. The purpose of an election contest is to ascertain the candidate lawfully elected to office.

Answer 171

An election contest is imbued with public interest. The election contest must be liberally construed to favor the will of the people. An election contest may not be defeated by mere technical objections. Until and unless the election protest is decided against him, a person who has been proclaimed as duly elected has the lawful right to assume and perform the duties and functions of the office.

Answer 172

1) The Dividing line: Proclamation of candidate 2) Jurisdiction A. Pre-proclamation controversy 1.The jurisdiction of COMELEC is administrative/quasi-judicial 2.It is governed by the requirements of administrative due process B. Election contest 1.The jurisdiction of COMELEC is judicial 2.It is governed by the requirements of judicial process 3) In some cases, even if the case (involving municipal officials) began with the COMELEC before proclamation but a proclamation is made before the controversy is resolved, it ceases to be a pre-proclamation controversy and becomes an election contest cognizable by the RTC. 4) However, in some cases, the SC has recognized the jurisdiction of COMELEC over municipal cases even after proclamation.

Answer 173

(1) Regional Officials; (2) Provincial Officials; and (3) City Officials Decisions in these cases may be appealed to the Supreme Court.

Answer 174

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and disqualifications of the President, Vice-President, and may promulgate its rules for such purpose. (Art. VII, Sec. 4, 1987 Constitution)

Answer 175

It must be noted that cases involving qualifications of candidates for the Sangguniang Kabataan filed before the election are decided by the Election Officer, while those filed after the election are decided by the MTCs. (Nachura, p. 389)

Answer 176

an election protest, and a quo warranto case.

Answer 177

Fraud, terrorism, irregularities or illegal acts committed before, during or after the casting and counting of votes

Answer 178

Any candidate who has filed a certificate of candidacy and has been voted upon for the same office, and who has not himself caused or contributed to the irregularities or frauds of which he complains

Answer 179

Within 10 days from proclamation of the results of the election Where, after 5 days from the proclamation of the winning candidate, the loser files a motion for reconsideration in the pre-proclamation controversy, there are only 5 days which remain of the period within which to file an election protest.

Answer 180

The death of the protestant does not extinguish an election protest. An election protest is imbued with public interest which raises it onto a plane over and above ordinary civil actions, because it involves not only the adjudication of the private interest of the rival candidates but also the paramount need of dispelling once and for all the uncertainty that beclouds the real choice of the electorate with respect to who shall discharge the prerogatives of the office within their gift. (De Castro v. COMELEC, 267 SCRA 806) However, it is not the heirs of the deceased who shall be the successors-in-interest to the suit, but the succeeding candidate-elect. For example, if the deceased was a candidate for governor, the real party in interest in the continuation of the proceedings is the Vice-Governor-elect, as he or she will succeed in the event that the protestant is declared to be the person lawfully elected to the office.

Answer 181

Any registered voter in the constituency

Answer 182

Ineligibility or disloyalty to the Republic of the Philippines

Answer 183

Within 10 days from proclamation of the results of the election

Answer 184

Election Returns Ballots Poll-Books and Tally Sheets Election Officials Voters Certificate of Votes

Answer 185

The Regional Trial Courts have exclusive original jurisdiction to try and decide any criminal actions or proceedings for violation of election laws. (Sec. 268, B.P. 881; Juan v. People, G.R. No. 132378, January 18, 2000)

Answer 186

The COMELEC has the exclusive power to investigate and prosecute cases involving violations of election laws. (Sec. 2 (6), Art. IX-C, 1987 Constitution; Sec. 268, B.P. 881; De Jesus v. People, 120 SCRA 760) However, it may validly delegate the power to the Provincial Prosecutor or to the Ombudsman. - But it is not the duty of the Comelec as investigator and prosecutor to gather proof in support of a complaint field before it (Kilosbayan vs. Comelec, GR No. 128054, Oct. 16, 1997) In the event that the COMELEC fails to act on any complaint within 4 months from its filing, the complainant may file the complaint with the fiscal or the Department of Justice, if warranted. (Sec. 265, B.P. 881)

Answer 187

* Failure of the Board of Election Inspectors to post the list of voters in each precinct. (Sec. 9, R.A. 7166); * 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 (Sec. 4, R.A. 8189)

Answer 188

* 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);

Answer 189

Appointment or use of special policemen, special agents or the like during the campaign period (Sec. 261m, B.P. 881) * Use of armored land, water or aircraft during the campaign period (Sec. 261r, B.P. 881) * Unlawful electioneering (Sec. 261k, B.P. 881) * Acting as bodyguards or security in the case of policemen and provincial guards during the campaign period (Sec. 261t, B.P. 881) * Removal, destruction, obliteration, or tampering of lawful election propaganda, or preventing the distribution thereof (Sec. 83, B.P. 881 vis-à-vis Sec. 262, B.P. 881)

Answer 190

* Vote-buying and vote-selling (Sec. 261a, B.P. 881) * Conspiracy to bribe voters (Sec. 261b, B.P. 881) A disputable presumption of a conspiracy to bribe voters is created when there is proof that at least 1 voter in different precincts representing at least 20% of the total precincts in any municipality, city or province has been offered, promised or given money, valuable consideration or other expenditure by a candidate's relatives, leaders and/or sympathizers for the purpose of promoting the election of such candidate. (Sec. 28, R.A. 6646) * Coercion of subordinates to vote for or against any candidate (Sec. 261d, B.P. 881) * Dismissal of employees, laborers, or tenants for refusing or failing to vote for any candidate (Sec. 261d(2), B.P. 881) * Being a flying voter (Sec. 261z (2), B.P. 881)

Answer 191

* Tampering, increasing, decreasing votes, or refusal to correct tampered votes after proper verification and hearing by any member of the board of election inspectors (Sec. 27b, R.A. 6646) * Refusal to issue to duly accredited watchers the certificate of votes cast and the announcement of the election, by any member of

Answer 192

* Any chairperson of the board of canvassers who fails to give notice of meeting to other members of the board, candidate or political party as required (Sec. 27e, R.A. 6646)

Answer 193

* Appointment of new employees, creation of new positions, promotion, or giving salary increases within the election period (Sec. 261g, B.P. 881) * Transfer of officers and employees in the civil service within the election period without the prior approval of the COMELEC (Sec. 261h, B.P. 881)

Answer 194

* Coercion of election officials and employees * Threats, intimidation, terrorism, use of fraudulent devices or other forms of coercion (Sec. 261e, B.P. 881) * Use of undue influence (Sec. 261j, B.P. 881) * Carrying deadly weapons

Answer 195

* Unauthorized printing of official ballots and election returns with printing establishments that are not under contract with the COMELEC (Sec. 27a, R.A. 6646) * Wagering upon the results of elections (Sec. 261c, B.P. 881) * Sale, etc. of intoxicating liquor on the day fixed by law for the registration of voters in the polling place, or the day before the election or on election day (Sec. 261dd (1), B.P. 881) * Opening booths or stalls within 30 meters of any polling place (Sec, 261dd (2), B.P. 881) * Holding fairs, cockfights, etc. on election day (Sec. 261dd (3), * Refusal to carry election mail during the election period (Sec. 261dd (4), B.P. 881). In addition to the prescribed penalty, such refusal constitutes a ground for cancellation or revocation of certificate of public convenience or franchise. * Discrimination in the sale of air time (Sec. 261dd (5), B.P. 881) In addition to the prescribed penalty, such refusal constitutes a ground for cancellation or revocation of the

Answer 196

Election offenses are generally mala prohibita. Proof of criminal intent is not necessary. Good faith, ignorance, or lack of malice is not a defense; the commission of the prohibited act is sufficient. (People v. Bayona, 61 Phil. 181; People v. Fuentes, 181 Phil. 186)

Answer 197

Election offenses prescribe 5 years from the date of their commission. If the discovery of the offense be made in an election contest proceeding, the period of prescription shall commence on the date on which the judgment in such proceedings becomes final and executory.

Answer 198

A: Yes, provided that the political parties themselves represent the marginalized and under represented sectors, parties and organizations.