REMEDIES AND JURISDICTION IN ELECTION LAW Flashcards
What are the requisites for the grant of a petition to deny due course to or cancel a certificate of candidacy?
- Material misrepresentation in the qualifications for elective office, which includes age, residency, citizenship, and any other legal qualifications necessary to run for an elective office; and
- Deliberate attempt to mislead, misinform or hide a fact which would otherwise render a candidate ineligible. Note: These two requirements must concur to warrant the cancellation of the certificate of candidacy.
A verified petition may be filed exclusively on the ground that any material representation contained in the certificate as required under Section 74 is false. The petition may be filed not later than 25 days from the time of filing of the certificate of candidacy, and shall be decided, after due notice and hearing, not later than 15 days before the election (Section 78, B.P. 881 Omnibus Election Code).
Jurisdiction over a petition to cancel a certificate of candidacy lies with the COMELEC in division, not with the COMELEC en banc. (Garvida v. Sales, G.R. o. 122872, September 10, 1997)
What are the three instances where a failure of election may be declared?
- 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;
- 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
- After the voting and during the preparation and transmission of the election returns or canvass thereof such election results in failure to elect on account of force majeure, violence, fraud or analogous causes. (Banaga Jr vs Comelec, G.R. No. 134696, July 31, 2000)
Who has the power to declare a failure of election?
The COMELEC has the power to declare a failure of election and this can be exercised motu proprio or upon verified petition. (Loong v. COMELEC, G.R. Nos. 107814‐15, May 16, 1996)
What are the conditions before COMELEC can act on a petition to declare failure of election?
- No voting took place in the precinct or precincts on the date fixed by law, or even if there was voting, the election resulted in failure to elect; and
2.
The votes not cast would have affected the result of the election (Tan v. COMELEC, G.R. No. 148575‐76, Dec. 10, 2003)
No
te: The COMELEC en banc has original and exclusive jurisdiction to hear and decide petitions for declaration of failure of election or for annulment of election results (Sec. 4, R.A. 7166).
The proclamation of the winning candidate does not divest the COMELEC of such jurisdiction, where the proclamation is null and void or is claimed to be so. (Ampatuan v. COMELEC, G.R.No. 149803, January 31, 2002)
Due to violence and terrorism attending the casting of votes in a municipality in Lanaodel Sur, it became impossible to hold therein free, orderly and honest elections. Several candidates for municipal positions withdrew from the race. One candidate for Mayor petitioned the COMELEC for the postponement of the elections and the holding of special elections after the causes of such postponement or failure of elections shall have ceased.
How many votes of the COMELEC Commissioners may be cast to grant the petition? Explain.
The COMELEC shall decide by a majority vote of all its members on any case or matter brought before it. (Section 7, Article IX‐A of the 1987 Constitution). In Cua v. COMELEC, G.R. No. 80519‐2, Dec. 17, 1987, the Supreme Court stated that a two‐to‐one decision rendered by a Division of the COMELEC and a three‐to‐two decision rendered by the COMELEC en banc was valid where only five members took part in deciding the case.
A person who was not a candidate at the time of the postponement of the elections decided to run for an elective position and filed a certificate of candidacy prior to the special elections. May his certificate of candidacy be accepted? Explain.
No, his certificate of candidacy cannot be accepted. As a rule, in cases of postponement or failure of election no additional certificate of candidacy shall be accepted. (Section 75 of the Omnibus Election Code)
Suppose he ran as a substitute for a candidate who previously withdrew his candidacy, will your answer be the same? Explain.
No, the answer will be different. An additional certificate of candidacy may be accepted in cases of postponement or failure of election if there was a substitution of candidates; but the substitute must belong to and must be endorsed by the same party. (Section 75 of the Omnibus Election Code)
What are pre‐proclamation controversies?
They refer to any question pertaining to or affecting the proceedings of the board of canvassers, and the preparation, transmission, receipt, custody and appreciation of election returns which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the COMELEC. (Sec. 241, B.P. 881 Omnibus Election Code)
Note: The purpose of this kind of controversy is to ascertain winners in the elections on basis of election returns duly authenticated by board of inspectors and admitted by the board of canvassers. (Abella v. Larrazabal, G.R. No. 87721‐30, December 21, 1989)
When are pre‐proclamation cases terminated?
GR: At the beginning of term of the officers. (Sec. 16, R.A. No. 7166)
XPNS:
1.
When based on evidence, COMELEC determines that petition is meritorious
2. The SC in a petition for certiorari issues a contrary order; or
3.
The case is not a pre‐proclamation case. (Peñaflorida v. COMELEC, G.R. No. 125950, November 18, 1997)
What issues may be raised in a pre‐proclamation controversy?
- Illegal composition or proceedings of the Board of Canvassers2. Canvassed election returns are incomplete, contain material defects, appear to be tampered with or falsified; or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Sec. 233, 234, 235, and 236 of B.P. 881
U N I V E R S I T Y O F S A N T O T O M A S 179
Fac u l ta d de Derec h o C i v i l
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ - Election returns were prepared under duress threat, coercion, or intimidation, or they are obviously manufactured or not authentic
- When substitute or fraudulent returns in controverted polling places were canvassed, the results of which materially affected the standing of the aggrieved candidate/s. (Sec. 242, B.P. 881 Omnibus Election Code).
What is a petition to annul or suspend the proclamation?
A: It is a remedy where there is manifest error in the face of the returns, and a winning candidate is about to be, or has already been proclaimed on the basis thereof.
No
te: The filing of a petition to annul or suspend the Proclamation shall suspend the running of the period within which to file an election protest or quo warranto proceedings.
Are pre‐proclamation controversies allowed under the new Automated Elections Law?
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. (Sec. 38, R.A. No. 9369)
XPNS:
1. Illegal composition of the Board of Canvassers (BOC);
2. Illegal proceedings of the BOC. (Sec. 1, Rule 3, COMELEC Resolution No. 8804, March 22, 2010)
Note: 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 before it. (Sec. 38, R.A. No. 9369)
What are post‐election disputes?
They are disputes which arise or are instituted after proclamation of winning candidates and which issues pertain to the casting and counting of votes (Election Protests), or to the eligibility or disloyalty of the winning candidates (Quo Warranto).
What is the nature of an election contest?
It is a special summary proceeding the object of which is to expedite the settlement of controversies between candidates as to who received the majority of legal votes.
Where are election protests filed?
- COMELEC – sole judge of all contests relating to elections, returns, and qualifications of all elective regional, provincial and city officials.
2.
Supreme Court en banc – President and Vice President
3.
SET – Senator
a.
HRET – representative
4.
RTC – over contests for municipal officials
5.
MeTC or MTC – for barangay officials
What are the grounds for the filing of election protests?
- Fraud
- Vote‐buying
- Terrorism
- Presence of flying voters
- Misreading or misappreciation of ballots
- Disenfranchisement of voters
- Unqualified members of board of election inspector
- Other election irregularities.
Note: Pendency of election protest is not sufficient basis to enjoin protestee from assuming office.
A protestant has the right to withdraw his protest or drop polling places from his protest. The protestee, in such cases, has no cause to complain because the withdrawal is exclusive prerogative of the protestant.
When the protestant dies during the pendency of his/her election protest, may his/her spouse substitute in his/her stead to avoid dismissal of the protest?
No right of substitution can inure in favor of a surviving spouse, for the right to hold the disputed public office is a personal right which cannot be transmitted to the latter’s legal heirs.
The rule on substitution as applied to election contest must only be in favor of a person who is a real party in interest, e.g. the party who would be benefited or injured by the judgment, and the party who is entitled to avail of the suit. A wife cannot substitute for her deceased husband’s protest, for she will not, in any way, be directly or substantially affected by the possible resolution of the protest. (Poe v. Macapagal‐Arroyo, PET Case 002, Mar. 29, 2005)
On June 23, 2004, the National Board of Canvassers (NBC) proclaimed X as the duly elected Vice‐President of the Philippines. Y was the person who obtained the second highest number of votes. Y filed a protest with the PET praying for the annulment of the protestee’s proclamation on the ground of fraud and manipulation of the results. While the protest was pending, X was elected and assumed the office of senator. Will the protest prosper?
No. In assuming the office of Senator, X has effectively abandoned or withdrawn this protest. Such abandonment or withdrawal operates to render moot the instant protest. Moreover, the dismissal of this protest would serve public interest as it would dissipate the aura of uncertainty as to the results of the election. (Legarda v. De Castro, PET case no. 003, Jan. 18 2008)
