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Ricardo Jesus E. Gutierrez

Table of Remedies under Philippine Election Law

Petition to deny duecourse or cancel a

Certificate of Candidacy(Section 78 in relation

to 74)

Petition forDisqualification

(Section 68 and Section12)

Petition to DeclareFailure of Elections

(Section 6)

PreproclamationContest (Article XX)

Election Protest (Article XXI)

Petition for QuoWarranto (Section 253)

Nature,scope,

function

Case law has alreadylikened a proceedingunder Section 78 to a quowarranto proceedingunder Section 253 of theOEC since they both dealwith the eligibility orqualification of acandidate, with thedistinction mainly in thefact that a "Section 78"petition is filed beforeproclamation, while apetition for quo warrantois filed after proclamation

of the winning candidate. (Fermin v. COMELEC,GR. 179695, December18, 2008)

The denial of due courseto or the cancellation ofthe CoC is not based onthe lack of qualificationsbut on a finding that thecandidate made amaterial representationthat is false, which mayrelate to thequalifications required ofthe public office he/sheis running for. (Jalosjosv. COMELEC, GR. No.193237, October 9,2012)

A petition fordisqualification underSection 68 refers to "thecommission of prohibitedacts and possession of apermanent residentstatus in a foreigncountry." All the offensesmentioned in Section 68refer to election offensesunder the OmnibusElection Code. (Tea v.COMELEC, GR. No.195229, October 9,2012)

Under the pertinent codalprovision of the OmnibusElection Code, there areonly three (3) instanceswhere a failure ofelections may bedeclared, namely: (a)the election in any polling

place has not beenheld on the date fixed onaccount of force majeure ,

violence, terrorism, fraud,or other analogouscauses; (b) the election inany polling place had

been suspended beforethe hour fixed by law forthe closing of the votingon account of forcemajeure , violence,terrorism, fraud, or otheranalogous causes; or (c)after the voting andduring the preparationand transmission of theelection returns or in thecustody or canvassthereof, suchelection results in a

failure to elect on accountof force majeure , violence,terrorism, fraud, or otheranalogous causes.(Carlos v. Angeles, GR.No. 142907, November29, 2000)

A pre-proclamationcontroversy refers to anyquestion pertaining to oraffecting the proceedingsof the board ofcanvassers which may beraised by any candidateor any registered politicalparty or coalition ofpolitical parties beforethe board or directly withthe Commission, or anymatter raised underSections 233, 234, 235and 236 in relation to the

preparation,transmission, receipt,custody and appreciationof the election returns.(Section 241, OEC)

An election protest is acontest between thedefeated and winningcandidates on the groundof frauds or irregularitiesin the casting andcounting of the ballots, orin the preparation of thereturns. It raises thequestion of who actuallyobtained the plurality ofthe legal votes andtherefore is entitled tohold the office. (Samad v.COMELEC, GR. No.

107854, July 16, 1993)

A petition for quowarranto under theOmnibus Election Coderaises in issue thedisloyalty or ineligibilityof the winning candidate.It is a proceeding tounseat the respondentfrom office but notnecessarily to install thepetitioner in his place.(Samad v. COMELEC,GR. No. 107854, July16, 1993)

Grounds

Any materialrepresentation containedin the Certificate ofCandidacy as required bylaw is false.

(See Section 78 inrelation to Section 74

Any candidate who doesnot possess all thequalifications of acandidate as provided forby the Constitution or byexisting law or whocommits any act declaredby law to be grounds for

On account of forcemajeure, violence,terrorism, fraud or otheranalogous causes theelection in any precincthas not been held on thedate fixed, or had beensuspended before the

(1) Illegal composition orproceedings of the boardof canvassers;

(2) The canvassedelection returns areincomplete, containmaterial defects, appear

Frauds or irregularities inthe casting and countingof the ballots, or in thepreparation of thereturns (Samad v.COMELEC, supra)

Electoral frauds,

(1) Ineligibility;

(2) Disloyalty to theRepublic of thePhilippines (Section 253)



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of the Omnibus ElectionCode (“OEC”))

disqualification may bedisqualified fromcontinuing as acandidate. (Section 1 ofRule 25, RulesGoverning Pleadings,Practice, Procedurebefore the COMELEC orany of its Offices)

(See Sections 68 and12, OEC)

hour fixed by law for theclosing of the voting, orafter the voting andduring the preparationand the transmission ofthe election returns or inthe custody of canvassthereof, such electionresults in a failure toelect, and in any of such

cases the failure orsuspension of electionwould affect the result ofthe election (Section 2 ofRule 26, RulesGoverning Pleadings,Practice, Procedurebefore the COMELEC orany of its Offices)

(See Section 6, OEC)

to be tampered with orfalsified, or containdiscrepancies in the samereturns or in otherauthentic copies thereofas mentioned in Sections233, 234, 235 and 236 ofthis Code;

(3) The election returns

were prepared underduress, threats, coercion,or intimidation, or theyare obviouslymanufactured or notauthentic; and

(4) When substitute orfraudulent returns incontroverted pollingplaces were canvassed,the results of whichmaterially affected thestanding of the aggrievedcandidate or candidates.

(See Section 243, OEC)

anomalies orirregularities in theprotested precincts.(Section 11 of Rule 2,Supreme Court Rules ofProcedure in ElectionContests)

Who may file

Any citizen of voting ageor a duly registeredpolitical party,organization, or coalitionor political parties(Section 1 of Rule 23,Rules GoverningPleadings, Practice,Procedure before theCOMELEC or any of itsOffices)

Any citizen of voting age,or duly registeredpolitical party,organization or coalitionof political parties(Section 2 of Rule 25,Rules GoverningPleadings, Practice,Procedure before theCOMELEC or any of itsOffices)

Any interested party(Section 2 of Rule 26,Rules GoverningPleadings, Practice,Procedure before theCOMELEC or any of itsOffices)

Any candidate or by anyregistered political party,organization, or coalitionof political parties(Section 1 of Rule 27,Rules GoverningPleadings, Practice,Procedure before theCOMELEC or any of itsOffices)

Any candidate who hasduly filed a certificate ofcandidacy and has beenvoted for the same office(Sections 250-252, OEC)

Any voter (Section 253,OEC)

Where filed

Law Department of theCommission (Section 1

of Rule 23, RulesGoverning Pleadings,Practice, Procedurebefore the COMELEC orany of its Offices)

Law Department of theCommission (Section 2

of Rule 25, RulesGoverning Pleadings,Practice, Procedurebefore the COMELEC orany of its Offices)

COMELEC En Banc (1) Board of Canvassers;or

(2) Directly withCOMELEC Division

(1) If contest involves anyMember of the House of

Representative or anyregional, provincial, orcity, COMELEC Division(Section 250, OEC

(2) If the contest involvesa municipal officer,proper Regional TrialCourt (Section 251,OEC)

(3) If the contest involvesa barangay officer, properMunicipal or

(1) If the petition involvesany Member of the House

of Representatives or anyregional, provincial, orcity, COMELEC Division

(2) If the petition involvesany municipal orbarangay officer, properRegional Trial Court orMunicipal Trial Court,respectively (Section253, OEC)



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Metropolitan Trial Court(Section 252, OEC)

How filed

Verified Petition

Heard summarily afterdue notice

Verified petition

Heard summarily afterdue notice

Verified Petition

After due notice andhearing

(1) Motu proprio

(2) Upon written petition,

After due notice andhearing

Verified Petition withCertification againstForum Shopping(Section 7 of Rule 2,Supreme Court Rules ofProcedure in ElectionContests)

Sworn Petition (Section7 of Rule 2, SupremeCourt Rules ofProcedure in ElectionContests)

Whenmay be filed

Within five (5) daysfollowing the last day forthe filing of certificate ofcandidacy (Section 2 ofRule 23, RulesGoverning Pleadings,Practice, Procedurebefore the COMELEC orany of its Offices)

Any day after the last dayfor filing of certificates ofcandidacy but not laterthan the date ofproclamation (Section 3of Rule 25, RulesGoverning Pleadings,Practice, Procedurebefore the COMELEC orany of its Offices)

Any time beforeproclamation

Except if petition forcorrection, which mustbe filed not later than 5days following the date ofproclamation (Section5(b) of Rule 27, RulesGoverning Pleadings,Practice, Procedurebefore the COMELEC orany of its Offices)

Within 10 days after theproclamation of theresults of the election

Within 10 days after theproclamation of theresults of the election

Contentsof the

Petition

(See Grounds, above) (See Grounds, above) (See Grounds, above) (See Grounds, above) (1) the position involved;

(2) the date ofproclamation; and

(3) the number of votescredited to the parties perproclamation. An electionprotest shall also state:

(4) the total number ofprecincts of themunicipality or thebarangay concerned;

(5) the protestedprecincts and votes of the

parties in the protestedprecincts per theStatement of Votes ByPrecinct or, if the votes ofthe parties are notspecified, an explanationwhy the votes are notspecified; and

(6) a detailed specificationof the acts or omissionscomplained of showingthe electoral frauds,anomalies or

(1) the position involved;

(2) the date ofproclamation; and

(3) the number of votescredited to the parties perproclamation. An electionprotest shall also state:

(4) the total number ofprecincts of themunicipality or thebarangay concerned;

(5) the protestedprecincts and votes of the

parties in the protestedprecincts per theStatement of Votes ByPrecinct or, if the votes ofthe parties are notspecified, an explanationwhy the votes are notspecified; and

(6) a detailed specificationof the acts or omissionscomplained of showingthe electoral frauds,anomalies or



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irregularities in theprotested precincts.(Section 11 of Rule 2,Supreme Court Rules ofProcedure in ElectionContests)

irregularities in theprotested precincts.(Section 11 of Rule 2,Supreme Court Rules ofProcedure in ElectionContests)

Appeal

A party aggrieved by aruling of the Board ofCanvassers shall, within

forty-eight hours fromreceipt of a copy of theruling of the Board ofCanvassers, file with theBoard a written andverified Notice of Appeal;and within aninextendible period of five(5) days, he shall file hisappeal to theCommission. (Section 10of Rule 27, RulesGoverning Pleadings,Practice, Procedurebefore the COMELEC or

any of its Offices)

(1) For contests involvinga barangay officer,Regional Trial Court

within 10 days from thereceipt of the decision ofthe Municipal Trial Court

(2) Within five (5) daysafter promulgation of thedecision of the court, theaggrieved party may filewith said court a noticeof appeal, and serve acopy thereof upon theattorney of record of theadverse party. (Section 2of Rule 22, RulesGoverning Pleadings,

Practice, Procedurebefore the COMELEC orany of its Offices)

Within five (5) days afterpromulgation of thedecision of the court, the

aggrieved party may filewith said court a noticeof appeal, and serve acopy thereof upon theattorney of record of theadverse party. (Section 2of Rule 22, RulesGoverning Pleadings,Practice, Procedurebefore the COMELEC orany of its Offices)