ADMINISTRATIVE

LAW
Political Law
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XI. ADMINISTRATIVE LAW A. GENERAL PRINCIPLES

TOPIC OUTLINE UNDER THE SYLLABUS: Administrative Law

1) Dean Roscoe Pound: It is the branch of modern

XI. ADMINISTRATIVE LAW
law under which the executive department of the
government, acting in a quasi-legislative or quasi-
A. General Principles
judicial capacity, interferes with the conduct of the
individual for the purposes of promoting the well-
B. Administrative Agencies being of the community, as under laws regulating
public interest, professions, trades and callings,
C. Powers of Administrative Agencies rates and prices, laws for the protection of public
1. Quasi-Legislative(Rule-Making) Power health and safety, and the promotion of public
a. Kinds of administrative convenience. (Carlo Cruz, Philippine
rules and regulations Administrative Law 1, 2016)
b. Requisites for validity
2. Quasi-judicial (adjudicatory) power 2) Professor Goodnow: That part of public law
a. Administrative due process
which fixes the organization of the government and
b. Administrative appeal and review
determines the competence of the authorities who
c. Administrative res judicata execute the law and indicates to the individual
remedies for the violation of rights. (Carlo Cruz,
D. Judicial Review Philippine Administrative Law 2, 2016)
1. Doctrine of Primary Administrative
Jurisdiction 3) Justice Frankfurter: That branch of the law
2. Doctrine of Exhaustion of Administrative which deals with the field of legal control exercised
Remedies by law-administering agencies other than courts,
3. Doctrine of Finality of (Administrative) and the field of control exercised by courts over
Action such agencies. (Carlo Cruz, Philippine
Administrative Law 2, 2016)

Administration: Internal or External.

INTERNAL EXTERNAL
ADMINISTRATION ADMINISTRATION
Covers those rules Defines the relations
defining the relations of of the public office with
public functionaries the public in general.
inter se and embraces
the whole range of the
law of public officers,
i.e. qualifications,
powers, rights, duties,
and liabilities.

(Carlo Cruz, Philippine Administrative Law 8,

2016)

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Administration of Government v. execution. (Carlo Cruz, Philippine Administrative

Administration of Justice Law 12, 2016)
ADMINISTRATION OF ADMINISTRATION
Agency - refers to any of the various units of the
GOVERNMENT OF JUSTICE Government, including a department, bureau,
Administrative officers Work done consists in office, instrumentality, or government-owned or
must determine what is the decision of controlled corporations, or a local government or a
the law in order to controversies distinct unit therein. [Sec. 2(4), Introductory
determine whether they between individuals Provisions, Administrative Code of 1987]
are competent to act and government
and if it is wise to act. officers, as to the Department - refers to an executive department
applicability in the created by law. This shall include any
cases in question; all instrumentality, as herein defined, having or
that judicial officers assigned the rank of a department, regardless of
have to do is its name or designation. [Sec. 2(7), Introductory
determine what law is Provisions, Administrative Code of 1987; Section
applicable to the facts 3(h), GOCC Governance Act of 2011, Republic Act
brought before them. No. 10149]
(De Leon,
Administrative Law: Bureau - refers to any principal subdivision or unit
Text and Cases 19, of any department. This shall include any principal
2016) subdivision or unit of any instrumentality given or
assigned the rank of a bureau, regardless of actual
name or designation, as in the case of department-
ADMINISTRATION GOVERNMENT
wide regional offices. [Sec. 2(8), Introductory
Provisions, Administrative Code of 1987]
Refers to the aggregate Institution or
of persons in whose aggregate of
Office - refers, within the framework of
hands the reins of the institutions by which
governmental organization, to any major functional
government are an independent
unit of a department or bureau including regional
entrusted by the people society makes and
offices. It may also refer to any position held or
for the time being. (US carries out those rules
occupied by individual persons, whose functions
v. Dorr) of action which are
are defined by law or regulation. [Sec. 2(9),
necessary to enable
Introductory Provisions, Administrative Code of
men to live in a
1987]
civilized state, or
which are imposed
Government-Owned or -Controlled Corporation
upon the people
(GOCC) - refers to any agency organized as a
forming that society by
stock or non-stock corporation, vested with
those who possess
functions relating to public needs whether
the power or authority
governmental or proprietary in nature, and owned
of prescribing them.
by the Government of the Republic of the
Government is the
Philippines directly or through its instrumentalities
aggregate of
either wholly or, where applicable as in the case of
authorities which rule
stock corporations, to the extent of at least a
a society. (US v. Dorr,
majority of its outstanding capital stock: Provided,
GR No. 1051, 1903)
however, That for purposes of this Act, the term
"GOCC" shall include GICP/GCE and GFI. [Section
B. ADMINISTRATIVE AGENCIES 3(o), Republic Act No. 10149, GOCC Governance
Act of 2011]
DEFINITIONS
Government Financial Institutions (GFIs) - refer
Administrative Agency – May be described as a to financial institutions or corporations in which the
body endowed with quasi-legislative and quasi- government directly or indirectly owns majority of
legislative powers for the purpose of enabling it to the capital stock and which are either: (1)
carry out laws entrusted to it for enforcement or registered with or directly supervised by the
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Bangko Sentral ng Pilipinas; or (2) collecting or and control as defined in this paragraph. [Section
transacting funds or contributions from the public 38(1), Book IV, Chapter VII, Administrative Code of
and places them in financial instruments or assets 1987]
such as deposits, loans, bonds and equity
including, but not limited to, the Government 2) Administrative supervision which shall govern
Service Insurance System and the Social Security the administrative relationship between a
System. [Section 3(m), Republic Act No. 10149, department or its equivalent and regulatory
GOCC Governance Act of 2011]
agencies or other agencies as may be provided by
Government Instrumentalities with Corporate law, shall be limited to the authority of the
Powers (GICP)/Government Corporate Entities department or its equivalent to generally oversee
(GCE) - refer to instrumentalities or agencies of the the operations of such agencies and to insure that
government, which are neither corporations nor they are managed effectively, efficiently and
agencies integrated within the departmental economically but without interference with day-to-
framework, but vested by law with special functions day activities; or require the submission of reports
or jurisdiction, endowed with some if not all
and cause the conduct of management audit,
corporate powers, administering special funds, and
enjoying operational autonomy usually through a performance evaluation and inspection to
charter including, but not limited to, the following: determine compliance with policies, standards and
the Manila International Airport Authority (MIAA), guidelines of the department; to take such action
the Philippine Ports Authority (PPA), the Philippine as may be necessary for the proper performance
Deposit Insurance Corporation (PDIC), the of official functions, including rectification of
Metropolitan Waterworks and Sewerage System violations, abuses and other forms of
(MWSS), the Laguna Lake Development Authority
maladministration; and to review and pass upon
(LLDA), the Philippine Fisheries Development
Authority (PFDA), the Bases Conversion and budget proposals of such agencies but may not
Development Authority (BCDA), the Cebu Port increase or add to them;
Authority (CPA), the Cagayan de Oro Port
Authority, the San Fernando Port Authority, the Such authority shall not, however, extend to: (1)
Local Water Utilities Administration (LWUA) and appointments and other personnel actions in
the Asian Productivity Organization (APO). accordance with the decentralization of personnel
[Section 3(n), GOCC Governance Act of 2011, functions under the Code, except appeal is made
Republic Act No. 10149]
from an action of the appointing authority, in which
NOTE: Being instrumentalities of the government, case the appeal shall be initially sent to the
GICPs/GCEs are not subject to real property tax department or its equivalent, subject to appeal in
imposed by the LGUs except when beneficial use accordance with law; (2) contracts entered into by
of the real property is granted to a taxable entity, the agency in the pursuit of its objectives, the
which shall be liable for the same. (MCIAA v. City review of which and other procedures related
of Lapu-Lapu, GR No. 181756, 2015; LRTA v. QC, thereto shall be governed by appropriate laws,
GR No. 221626, 2019; Phil. Heart Center v. QC,
rules and regulations; and (3) the power to review,
GR No. 225409, 2020)
reverse, revise, or modify the decisions of
ADMINISTRATIVE RELATIONSHIPS: regulatory agencies in the exercise of their
1) Supervision and control shall include authority regulatory or quasi-judicial functions; and
to act directly whenever a specific function is
entrusted by law or regulation to a subordinate; Unless a different meaning is explicitly provided in
direct the performance of duty; restrain the the specific law governing the relationship of
commission of acts; review, approve, reverse or particular agencies, the word "supervision" shall
modify acts and decisions of subordinate officials
encompass administrative supervision as defined
or units; determine priorities in the execution of
plans and programs; and prescribe standards, in this paragraph. [Section 38(2), Book IV, Chapter
guidelines, plans and programs. Unless a different VII, Administrative Code of 1987]
meaning is explicitly provided in the specific law
governing the relationship of particular agencies, 3) Attachment refers to the lateral relationship
the word "control" shall encompass supervision between the department or its equivalent and the

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attached agency or corporation for purposes of 2. Administrative Orders. - Acts of the

policy and program coordination. [Section 38(3), President which relate to particular aspect of
Book IV, Chapter VII, Administrative Code of 1987] governmental operations in pursuance of his
duties as administrative head shall be
PRESIDENT’S POWER OF CONTROL. The promulgated in administrative orders. [Section
President shall have control of all the executive 3, Chapter 2, Title I, Book 3, Administrative
departments, bureaus, and offices. He shall ensure Code of 1987]
that the laws be faithfully executed. [Sec. 17, Article
VII, 1987 Constitution; Sec. 1, Chapter 1, Book III,
Administrative Code of 1987] This includes the 3. Proclamations. - Acts of the President fixing a
power to reorganize the Office of the President and date or declaring a status or condition of public
the power to transfer any agency and function moment or interest, upon the existence of
between the Office of the President and any other which the operation of a specific law or
department or agency. [Section 31, Chapter 10, regulation is made to depend, shall be
Title III, Book III, Administrative Code of 1987] promulgated in proclamations which shall have
the force of an executive order. [Section 4,
NOTE: Thus, in Biraogo v. PTC, the SC recognized Chapter 2, Title I, Book 3, Administrative Code
the power of the President to create a public office of 1987]
pursuant to the Faithful Execution Clause (which
PTC, however, was declared as unconstitutional
for being violative of the Equal Protection Clause). 4. Memorandum Orders. - Acts of the President
on matters of administrative detail or of
ORDINANCE POWER OF THE PRESIDENT subordinate or temporary interest which only
The President's Ordinance Power is the concern a particular officer or office of the
Executive's rule-making authority in implementing Government shall be embodied in
or executing constitutional or statutory memorandum orders. [Section 5, Chapter 2,
powers. Indisputably, there are constitutional Title I, Book 3, Administrative Code of 1987]
powers vested in the Executive that are self-
executory. The President may issue "rules of a 5. Memorandum Circulars. - Acts of the
general or permanent character in implementation President on matters relating to internal
or execution" of such self-executory constitutional administration, which the President desires to
powers. The power to issue such rules is inherent bring to the attention of all or some of the
in Executive power. Otherwise, the President departments, agencies, bureaus or offices of
the Government, for information or
cannot execute self-executory constitutional
compliance, shall be embodied in
provisions without a grant of delegated power from memorandum circulars. [Section 6, Chapter 2,
the Legislature, a legal and constitutional Title I, Book 3, Administrative Code of 1987]
absurdity. (Abakada Guro Party List v. Purisima,
G.R. No. 166715, 2008) 6. General or Special Orders. - Acts and
commands of the President in his capacity as
Chapter 2, Title 1, Book III of the Administrative Commander-in-Chief of the Armed Forces of
Code of 1987, on the Ordinance Power of the the Philippines shall be issued as general or
Executive provides: special orders. [Section 7, Chapter 2, Title I,
Book 3, Administrative Code of 1987]

1. Executive Orders. - Acts of the President Manner of Creation

providing for rules of a general or permanent 1. Established by the Constitution
character in implementation or execution of ● If created by the Constitution itself, it can
constitutional or statutory powers shall be only be altered or abolished by the
promulgated in executive orders. [Section 2, constitution itself.
Chapter 2, Title I, Book 3, Administrative Code
of 1987] 2. Created by statute or law
● Legislature may amend or repeal the law
creating it, thereby affecting the agency
created by it.
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granted or delegated, expressly or impliedly, by

3. By authority of law law. And in determining whether an agency has
● This is a recognized exception to the certain powers, the inquiry should be from the law
principle of non-delegability of legislative itself. But once ascertained as existing, the
power. authority given should be liberally construed.
(Soriano v. MTRCB, G.R. 165785, 2009)
As a result of the growing complexity of the modern
society, it has become necessary to create more Appropriation
and more administrative bodies to help in the The Administrative Code of 1987 expressly
regulation of its ramified activities. Specialized in declares void a contract that fails to comply with the
the particular fields assigned to them, they can deal two requirements, namely: (1) an appropriation law
with the problems thereof with more expertise and funding the contract and (2) a certification of
dispatch than can be expected from the legislature appropriation and fund availability. The clear
or the courts of justice. This is the reason for the purpose of these requirements is to ensure that
increasing vesture of quasi-legislative and quasi- government contracts are never signed unless
judicial powers in what is now not unreasonably supported by the corresponding appropriation law
called the fourth department of the government. and fund availability. (PNR v. Kanlaon Construction
(Solid Homes v. Payawal, G.R. 84811, 1989) Enterprises Co. Inc., G.R. 182967, 2011).

Kinds of Administrative agencies (BIG GAP) C. POWERS OF ADMINISTRATIVE

1. Perform some Business for the public (e.g. AGENCIES
MWSS, PNR, NFA)
2. Regulate businesses affected with public Nature of Powers
Interest (e.g. LTFRB, ERB)
3. Offer some Gratuity, grant or special 1. Limited Jurisdiction - In general, the
privilege (e.g. GSIS, SSS, Philippine jurisdiction of administrative officers and
Veterans Administration) agencies is special and limited. They
4. Seek to carry on certain functions of the possess a limited jurisdiction, or purely
Government (e.g. BIR, Bureau of constitutional or statutory powers, and they
Customs, Bureau of Immigration) possess only such powers and authority as
5. Seek to Adjust individual controversies have been specifically conferred upon
because of some strong social policy them by the Constitution or specifically
involved (e.g. NLRC, DAR) granted to them by their enabling statutes
6. Seek under Police power to regulate private and those as may be necessarily implied in
businesses and individuals (e.g. SEC, the exercise thereof or incidental to the
MTRCB, Dangerous Drugs Board) attainment of their purposes or objectives.
(De Leon, Administrative Law: Text and Cases 2. Broad Powers within Jurisdiction -
However, the powers conferred on them
32, 2016)
must be commensurate with the duties to
be performed and the purposes to be
The MMDA is a development authority created for
lawfully effected. In various instances, the
the purpose of laying down policies and
powers of particular administrative bodies
coordinating with various agencies, organizations
have been held broad and plenary within
and the private sector, which may enforce, but not
their fields, and in such case, it is only
enact ordinances. RA 7924 does not grant the
where such power and authority have been
MMDA with the police power, let alone the
manifestly abused that a court may
legislative power, and that all its functions are
interfere.
administrative in nature. (MMDA v. Garin, G.R.
3. Powers Limited by Constitution, Law, and
130230, 2005).
Regulations - A government agency must
respect the presumption of constitutionality
Administrative agencies have powers and
and legality to which statutes and
functions which may be administrative,
administrative regulations are entitled until
investigatory, regulatory, quasi- legislative, or
such statute or regulation is repealed or
quasi-judicial, or a mix of the five, as may be
amended, or until set aside in an
conferred by the Constitution or by statute. They
appropriate case by a competent court,
have in fine only such powers or authority as are
and ultimately by the Supreme Court. It is
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not authorized to substitute its own and are often exercised for corrective purposes.
judgment for any applicable law or (e.g. installation of safety devises in common
administrative regulation with the wisdom carriers).
or propriety of which it does not agree, at
least not before such law or regulation is
set aside by the authorized agency of the Dispensing – Relaxes the general operation of
government. (De Leon, Administrative law or exempts the performance from a general
Law: Text and Cases 66, 2016) duty (e.g. exemption from taxes by certain
industries).
While it is a fundamental rule that an administrative
agency has only such powers as are expressly Summary – Uses force upon persons or things
granted to it by law, it is likewise a settled rule that without prior judicial warrant (e.g. padlocking by
an administrative agency has also such powers as Mayor of a business for lack of permit;
are necessarily implied in the exercise of its confiscation of items prohibited per se).
express powers. (LLDA v. CA, GR No. 110120,
1994) Examining – Inspects records and premises;
investigates persons, entities, and activities
The Laguna Lake Development Authority has
coming under its jurisdiction (e.g. DOLE visitorial
power to impose fines in the exercise of its function
power; Ombudsman powers).
as a regulatory and quasi-judicial body with respect
to pollution cases in the Laguna Lake region. (Carlo Cruz, Philippine Administrative Law 52-55,
(Public Hearing Committee of the Laguna Lake 2016)
Development Authority v. SM Prime Holding, G.R.
170599, 2010). NOTE: According to Professor Cruz, determinative
powers are part of the exercise of quasi-judicial
Discretionary vs. Ministerial authority. It is submitted, however, that these
1. Discretionary - The power or right conferred determinative powers can also be exercised as part
upon them by law to act officially under of the quasi-legislative authority and are very much
certain circumstances, according to the part of the executive and regulatory functions of
dictates of their own judgment and
administrative bodies whenever allowed by their
conscience, and not controlled by the
judgment or conscience of others. charters.
2. Ministerial - Nothing is left to discretion; a
simple, definite duty arising under conditions INVESTIGATORY POWERS
admitted or proved to exist, and imposed by
law; a duty performed in response to what Investigatory or inquisitorial powers include the
has been imposed by law under conditions power of an administrative body to inspect the
specified by law not being dependent upon records and premises, and investigate the activities
the officer’s judgment or discretion. of persons or entities coming under its jurisdiction,'
or to secure, or to require the disclosure of
DETERMINATIVE POWERS information by means of accounts, records,
reports, statements, testimony of witnesses,
To better enable the administrative body to
production of documents, or otherwise.2 They are
exercise its executive functions, it is also vested
conferred on practically all administrative agencies.
with Determinative powers classified generally by
Professor Freund as follows: In fact, the investigatory powers of administrative
agencies, or their power and facilities to
Enabling – Permits the doing of an act, without
investigate, initiate action, and control the range of
which it would be unlawful (e.g. issuing of licenses
investigation, is one of the distinctive functions
and permits).
which sets them apart from the court. (De Leon,
Administrative Law: Text and Cases 75, 2016)
Directing – Orders the doing or performance of
particular acts to ensure compliance with the law
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It has been essayed that the lifeblood of the Thus, in Cariño v. Commission on Human Rights,
administrative process is the flow of fact, the the CHR cannot try and resolve on the merits
gathering, the organization and the analysis of (adjudicate) as it only has the power to investigate
evidence. Investigations are useful for all under the 1987 Constitution.
administrative functions, not only for rule making,
adjudication, and licensing, but also for RATE-FIXING POWER
prosecuting, for supervising and directing, for
POLICE POWER. The regulation of rates to be
determining general policy, for recommending,
charged by public utilities is founded upon the
legislation, and for purposes no more specific than
police powers of the State and statutes prescribing
illuminating obscure areas to find out what if
rules for the control and regulation of public utilities
anything should be done. An administrative agency
are a valid exercise thereof. (Republic v.
may be authorized to make investigations, not only
MERALCO, GR No. 141314, 2002)
in proceedings of a legislative or judicial nature, but
also in proceedings whose sole purpose is to NOTE: Rate-fixing power does not necessarily
obtain information upon which future action of a include the right to impose fines unless expressly
legislative or judicial nature may be taken and may provided by its charter. (RCPI v. NTC, GR No.
require the attendance of witnesses in proceedings 93237, 1992; PAL v. CAB, GR No. 119528, 1997)
of a purely investigatory nature. It may conduct
general inquiries into evils calling for correction, NOT THE POWER TO DESTROY. The rule is that
and to report findings to appropriate bodies and the power of the State to regulate the conduct and
make recommendations for actions. (Evangelista business of public utilities is limited by the
v. Jarencio, GR No. L-29274, 1975) consideration that it is not the owner of the property
of the utility, or clothed with the general power of
Investigate vs. Adjudicate management incident to ownership, since the
private right of ownership to such property remains
The legal meaning of "investigate" is essentially the
and is not to be destroyed by the regulatory power.
same: "(t)o follow up step by step by patient inquiry
The power to regulate is not the power to destroy
or observation. To trace or track; to search into; to
useful and harmless enterprises, but is the power
examine and inquire into with care and accuracy;
to protect, foster, promote, preserve, and control
to find out by careful inquisition; examination; the
with due regard for the interest, first and foremost,
taking of evidence; a legal inquiry;" "to inquire; to
of the public, then of the utility and of its patrons.
make an investigation," "investigation" being in turn
Any regulation, therefore, which operates as an
described as "(a)n administrative function, the
effective confiscation of private property or
exercise of which ordinarily does not require a
constitutes an arbitrary or unreasonable
hearing. 2 Am J2d Adm L Sec. 257; . . . an inquiry,
infringement of property rights is void, because it is
judicial or otherwise, for the discovery and
repugnant to the constitutional guaranties of due
collection of facts concerning a certain matter or
process and equal protection of the laws.
matters." (Cariño v. Commission on Human Rights,
(Philippine Communications Satellite Corp. v.
G.R. No. 96681, 1991).
Alcuaz, G.R. No. 84818, 1989)
In the legal sense, "adjudicate" means: "To settle
PRESCRIBING RATES IS EITHER
in the exercise of judicial authority. To determine
LEGISLATIVE OR ADJUDICATIVE. The function
finally. Synonymous with adjudge in its strictest
of prescribing rates by an administrative agency
sense;" and "adjudge" means: "To
may be either a legislative or an adjudicative
pass on judicially, to decide, settle or decree, or to
function. If it were a legislative function, the grant
sentence or condemn. . . . Implies a judicial
of prior notice and hearing to the affected parties is
determination of a fact, and the entry of a
not a requirement of due process. As regards rates
judgment." (Cariño v. Commission on Human
prescribed by an administrative agency in the
Rights, G.R. No. 96681, 1991).
exercise of its quasi-judicial function, prior notice
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and hearing are essential to the validity of such of the investor and the consumer interests.
rates. When the rules and/or rates laid down by an (Republic v. MERALCO, GR No. 141314, 2002)
administrative agency are meant to apply to all
enterprises of a given kind throughout the country, SUBJECT TO JUDICIAL REVIEW. While the
they may partake of a legislative character. Where power to fix rates is (generally) a legislative
the rules and the rates imposed apply exclusively function, whether exercised by the legislature itself
to a particular party, based upon a finding of fact, or delegated through an administrative agency, a
then its function is quasi-judicial in character. determination of whether the rates so fixed are
(Philippine Consumers Foundation, Inc. v. reasonable and just is a purely judicial question
Secretary of Education, Culture and Sports, G.R. and is subject to the review of the courts. (Republic
No. 78385, 1987) v. MERALCO, GR No. 141314, 2002)

PROVISIONAL RATES. An administrative agency FINDINGS AND CONCLUSIONS ON THE RATE

may be empowered to approve provisionally, when ARE RESPECTED. The findings and conclusions
demanded by urgent public need, rates of public of the administrative body (e.g. ERB) on the rate
utilities without a hearing. The reason is easily that can be charged by MERALCO to the public
discerned from the fact that provisional rates are by should be respected. The function of the court, in
their nature temporary and subject to adjustment in exercising its power of judicial review, is to
conformity with the definitive rates approved after determine whether under the facts and
final hearing. [Padua v. Ranada, G.R. Nos. 141949 circumstances, the final order entered by the
& 151108, 2002]. administrative agency is unlawful or unreasonable.
Thus, to the extent that the administrative agency
SUBSEQUENT RATES. Subsequent toll rate has not been arbitrary or capricious in the exercise
adjustments are mandated by law to undergo both of its power, the time-honored principle is that
the requirements of public hearing and publication. courts should not interfere. The principle of
[Francisco, Jr. v. Toll Regulatory Board, G.R. Nos. separation of powers dictates that courts should
166910, 169917, 173630 & 183599, 2010] hesitate to review the acts of administrative officers
except in clear cases of grave abuse of
REASONABLE AND JUST RATE. In the fixing of discretion. [Republic v. MERALCO, GR No.
rates, the only standard which the legislature is 141314, 2002]
required to prescribe for the guidance of the
administrative authority is that the rate be 1. QUASI-LEGISLATIVE OR RULE-MAKING
reasonable and just. (Republic v. MERALCO, GR POWER
No. 141314, 2002)
DEFINITION. The authority delegated by the law-
AGAINST ARBITRARY AND EXCESSIVE making body to the administrative body to adopt
RATES. In regulating rates charged by public rules and regulations intended to carry out the
utilities, the State protects the public against provisions of a law and implement legislative
arbitrary and excessive rates while maintaining the policy. (Carlo Cruz, Philippine Administrative Law
efficiency and quality of services rendered. 36, 2016)
However, the power to regulate rates does not give
the State the right to prescribe rates which are so Administrative agencies are endowed with powers
low as to deprive the public utility of a reasonable legislative in nature or quasi-legislative (i.e., to
make rules and regulations), and, in practical
return on investment. Thus, the rates prescribed by effect, with the power to make law. However, the
the State must be one that yields a fair return on essential legislative functions may not be
the public utility upon the value of the property delegated to administrative agencies and in this
performing the service and one that is reasonable sense, it is said that administrative agencies have
to the public for the services rendered. The fixing no legislative power and are precluded from
of just and reasonable rates involves a balancing legislating in the strict sense.' What may be granted
to an administrative agency is rule-making power

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to implement the law it is entrusted to enforce. It TESTS OF DELEGATION. Two tests determine
necessarily includes the power to amend, revise, the validity of delegation of legislative power: (1)
alter, or repeal its rules and regulations. It is a the completeness test and (2) the sufficient
standard provision in administrative rules that prior
standard test. A law is complete when it sets forth
issuances that are inconsistent therewith are
declared repeated or modified. (De Leon, therein the policy to be executed, carried out or
Administrative Law: Text and Cases 90, 2016) implemented by the delegate. It lays down a
sufficient standard when it provides adequate
Authority delegated by Congress to the guidelines or limitations in the law to map out the
administrative body to adopt rules and regulations boundaries of the delegate's authority and prevent
intended to carry out the provisions of a law, and the delegation from running riot. To be sufficient,
implement legislative policy. This is a form of
the standard must specify the limits of the
delegated legislation. Valid regulations have the
force and effect of law. delegate's authority, announce the legislative
policy and identify the conditions under which it is
QUASI- to be implemented. (Abakada Guro v. Purisima,
LEGISLATIVE GR No. 166715, 2008)
LEGISLATIVE
Involves the discretion Only involves the TAKE NOTE: According to Atty. Kaw, to fail either
to determine what the discretion to of the tests would already be tantamount to undue
law shall be determine how the law delegation of legislative powers. Additionally, if the
shall be enforced law passes the completeness test, there is no need
Cannot be delegated Can be delegated to comply with the sufficient standard test.

Exceptions (To the Rule Requiring Standards;

NON-DELEGABILITY PRINCIPLE. The rule is When Not Required): (SPIRPE)
that what has been delegated cannot be delegated,
1. Handling of State property or funds
or as expressed in the Latin maxim: potestas 2. When the law does not involve Personal or
delegate non delegare potest. This rule is based property rights
upon the ethical principle that such delegated 3. Matters of Internal administration
power constitutes not only a right but a duty to be 4. Power of the board to make
performed by the delegate by the instrumentality of Recommendation
his own judgment acting immediately upon the 5. Matters involving Privileges (like use of
property, engaging in profession)
matter of legislation and not through the intervening
6. Regulation or Exercise of police power to
mind of another. This rule however admits of protect general welfare, morals and public
recognized exceptions such as the grant of rule- policy
making power to administrative agencies. They
have been granted by Congress with the authority Note: Still subject to reasonableness standard:
to issue rules to regulate the implementation of a 1. Bear reasonable relation to the purpose
sought to be accomplished
law entrusted to them. Delegated rule-making has
2. Supported by good reasons
become a practical necessity in modern 3. Free from constitutional infirmities or
governance due to the increasing complexity and charge of arbitrariness
variety of public functions. [Dagan v. Philippine
Racing Commission, GR No. 175220, 2009] EXAMPLES OF VALID DELEGATION
1) Issuance prohibiting selling of shares
Notably, the principle of non-delegability should not without prior license for public interest.
be confused as a restriction to delegate rule- (People v. Rosenthal, GR No. 46076, 1939)
making authority to implementing agencies for the
limited purpose of either filling up the details of the 2) Prohibition of animal drawn carriage to use
law for its enforcement (supplementary rule- the roads during certain times for public
making) or ascertaining facts to bring the law into convenience and welfare.
actual operation (contingent rule-making).
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3) Authorizing President to make reforms and principle of separation of powers and is an

changes in GOCCs for economy and exception to the nondelegation of legislative
efficiency. (Cervantes v. Auditor General, GR powers. Administrative regulations or "subordinate
No. L-4043, 1952) legislation" calculated to promote the public
interest are necessary because of "the growing
complexity of modern life, the multiplication of the
4) K to 12 Law implementation is complete in
subjects of governmental regulations, and the
conditions and parameters through the increased difficulty of administering the law." xxx
legislative policy on the power delegated to xxx xxx [Nevertheless, it must be emphasized that]
the DepEd, CHED, and TESDA. (Council of [t]he rule-making power must be confined to details
Teachers v. Secretary of Education, GR No. for regulating the mode or proceeding to carry into
216930, 2018) effect the law as it has been enacted. The power
cannot be extended to amending or expanding the
EXAMPLES OF INVALID/UNDUE DELEGATION statutory requirements or to embrace matters not
covered by the statute. Rules that subvert the
1) 2013 PDAF article – Post enactment statute cannot be sanctioned. (Belgica v. Ochoa,
identification of by the legislators. (Belgica v. GR No. 208566, 2013)
Ochoa, GR No. 208566, 2013)
Rule means any agency statement of general
2) Section 8, PD 910 (Malampaya Fund) - The applicability that (1) implements or (2) interprets a
phrase "and for such other purposes as may be law, (3) fixes and describes the procedures in, or
hereafter directed by the President" under Section practice requirements of, an agency, including its
8 of PD 910 constitutes an undue delegation of regulations. The term includes memoranda or
legislative power. (Belgica v. Ochoa, GR No. statements concerning the (4) internal
208566, 2013) administration or management of an agency not
affecting the rights of, or procedure available to, the
3) Section 12 of PD 1869, as amended by PD public. [Book VII, Chapter 1, Sec. 2 (2),
1993, indicates that the Presidential Social Fund Administrative Code of 1987]
may be used "to [first,] finance the priority
infrastructure development projects” which gives a Rule-making means an agency process for the
carte blanche authority to use the fund for any formulation, amendment, or repeal of a rule. [Book
infrastructure project that the President may deem VII, Chapter 1, Sec. 2 (4), Administrative Code of
as a priority. (Belgica v. Ochoa, GR No. 208566, 1987]
2013)
Nature of the Executive’s power of to adopt
rules and regulations to execute or implement
4) EO 626 s.1980 that authorized the distribution of
the law
confiscated carabao to charitable institutions that
The inherent power of the Executive to adopt rules
the Chairman of the National Meal Inspection
and regulations to execute or implement the law is
Commission “may see fit;” (Ynot v. IAC, GR No. different from the delegated legislative power to
74457, 1987) prescribe rules. The inherent power of the
executive to adopt rules to execute the law does
5) Act No. 2868 authorized Governor-General to not require any legislative standards for its exercise
issue “in his discretion” a proclamation fixing price while the delegated legislative power requires
of palay and making the violation a crime. (US v. sufficient legislative standards for its exercise.
Ang Tang Ho, GR No. L-17122, 1922) (Cervantes v. Auditor General, G.R. L-4043, 1952).

Limitations on the Rule-Making Power

DELEGATED RULE-MAKING. The conceptual A public administrative body may make only such
treatment and limitations of delegated rule-making
rules and regulations as are within the limits of the
were explained in the case of People v. Maceren
as follows: “The grant of the rule-making power to powers granted to it or what is found in the
administrative agencies is a relaxation of the
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legislative enactment itself; otherwise, they 2) Interpretative rules are intended to interpret,
become void. clarify or explain existing statutory regulations
1. Must not be inconsistent with the provisions of under which the administrative body operates.
the Constitution or a statute, particularly the Their purpose or objective is merely to construe the
statute it is administering or which created it, or statute being administered and purport to do no
which are in derogation of, or defeat, the more than interpret the statute. Simply, they try to
purpose of a statute. say what the statute means and refer to no single
2. It may not, by its rules and regulations, amend, person or party in particular but concern all those
alter, modify, supplant, enlarge or expand, belonging to the same class which may be covered
restrict or limit the provisions or coverage of the
by the said rules.
statute as this power belongs to the legislature.
3. There is no dispute that in case of discrepancy When an administrative rule is merely
between the basic law and a rule or regulation interpretative in nature, its applicability needs
issued to implement said law, the basic law nothing further than its bare issuance for it gives no
prevails because said rule or regulation cannot real consequence more than what the law itself has
go beyond the terms and provisions of the already prescribed. When, upon the other hand, the
basic law. administrative rule goes beyond merely providing
4. A rule or regulation should be uniform in for the means that can facilitate or render least
cumbersome the implementation of the law but
operation, reasonable, and not unfair or
substantially adds to or increases the burden of
discriminatory. (De Leon, Administrative Law:
those governed, it behooves the agency to accord
Text and Cases 96, 2016) at least to those directly affected a chance to be
heard, and thereafter to be duly informed, before
Rule-Making Making Principles: (CURLAP) that new issuance is given the force and effect of
1. It must be Consistent with the law and the law. (CIR v. Court of Appeals, G.R. No. 119761,
constitution. 1996)
2. It must be Uniform in operation, reasonable
and not unfair or discriminatory. 3) Contingent rules are those issued
3. It must have a Reasonable relationship to the by an administrative authority based on the
purpose of the law. existence of certain facts or things upon which the
4. It must be within the Limits of the powers enforcement of the law depends.
granted to administrative agencies.
5. May not Amend, alter, modify, supplant, Congress may provide that a law shall take effect
enlarge, limit or nullify the terms of the law.
upon the happening of future specified
6. Must be promulgated in accordance with the
Prescribed procedure. contingencies leaving to some other person or
body the power to determine when the specified
a. Kinds of Administrative Rules and contingency has arisen.
Regulations
1. It may delegate a power not legislative which it
An administrative regulation may be classified as f may itself rightfully exercise. The power to
ollows (Republic v. Drugmaker's Laboratories, Inc., ascertain facts is such power which may be
G.R. No. 190837, 2014): delegated.
2. The finding by an administrative authority of
1) Legislative rules are in the nature of the existence of conditions defined in the
statute under which its provisions shall become
subordinate legislation and designed to
operative comes under the head of rule-
implement a primary legislation by providing the making since it usually involves judgment, if
details thereof. They usually implement existing not discretion.
law, imposing general, extra-statutory obligations
pursuant to authority properly delegated by The true distinction, therefore, is between the
Congress and effect a change in existing law or delegation of power to make the law which
policy which affects individual rights and necessarily involves a discretion as to what it shall
obligations. be and conferring an authority of or discretion as to
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its execution, to be exercised under and in To be valid, an administrative issuance must

pursuance of the law. The first cannot be done, to comply with the following requisites (Executive
the latter, no valid objection can be made. (De Secretary v. Southwing Heavy Industries, Inc.,
Leon, Administrative Law: Text and Cases 108, G.R. Nos. 164171, 164172 & 168741, 2006 citing
2016) Carlo Cruz, Philippine Administrative Law):

Kinds of Administrative Rules 1) Its promulgation must be authorized by the

1. Non-Legislative Rule legislature
a. No force of law
b. No need for notice, comment and There is a delegation made by Congress subject to
publication the Completeness Test and the Sufficent Standard
c. Exception: When rule affects third Test..
persons (Tañada v. Tuvera)
d. Examples: (SIPI) 2) It must be promulgated in accordance with
i. Supplementary - Those which supply the prescribed procedure;
details, also known as detailed
legislation. a) Notice and Hearing
ii. Interpretative - Those that do no
more than to interpret a statute.
GENERAL RULE: Prior notice and hearing not
These are given weight and respect
but are not conclusive to the courts. required in the following (Provincial Bus Operators
v. DOLE, GR No. 78385, 2018, J. Leonen):
NOTE: Recall that administrative
agencies are possessed of i) Interpretative Rule - no real consequence more
specialized knowledge than what the law itself prescribes (Cawad v. Abad,
GR No. 207145, 2015);
iii. Procedural - Those which describe
the method by which the agency will ii) Administrative regulation or issuance is of
carry out its appointed functions general application (i.e. applies to all; not just to a
iv. Internal - Those issued by a superior selected class) (Philippine Consumers Foundation,
administrative or executive officer to
Inc. v. Secretary of Education, Culture and Sports,
his subordinates for the proper and
efficient administration of law. G.R. No. 78385, 1987);

2. Legislative/Substantive Rule iii) Internal in nature (Board of Trustees v. Velasco,

a. With force of law GR No. 170463, 2011)
b. Needs notice, comment, and publication
(Chap 2. Book VII, Administrative Code iv) Rule is procedural (Rules of Procedure; since
and Art. 2, Civil Code) it’s also of general application);
c. Examples: (PCS)
i. Penal - Those that carry out penal or v) Rule is merely a legal opinion (hence, advisory
criminal sanctions for violation of the and no adjudication; e.g. BIR or SEC opinions);
same.
ii. Contingent - Those which determine vi) Substantive rule where class affected is at large
when a statute will go into effect. and questions to be resolved require use of
Power to ascertain the happening of
discretion by the rule-making body. (Corona v.
such facts may be delegated to
administrative agencies United Harbor Pilots, GR No. 111953, 1997)
iii. Supplementary - Those which only
supply details, also known as EXCEPTIONS: Prior notice & hearing required if:
detailed legislation.
i) Legislature itself requires it and mandates that
b. Requisites of a Valid Administrative the regulation shall be based on certain facts as
Issuance, Rule, or Regulation determined at an appropriate hearing or
consultation (i.e. contained in the law itself);
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ii) Rule requires determination of past events or ii) Those merely internal in nature, that is,
facts (through a hearing or proceeding); regulating only the personnel of the administrative
agency and not the public, need not be published.
iii) Regulation is settlement of a controversy (Board of Trustees v. Velasco, GR No. 170463,
between specific parties (hence, considered as 2011; Tañada v. Tuvera, GR No. L-63915, 1986
adjudication) (Philcomsat v. Alcuaz, GR No.
84818, 1989); iii) Letters of instructions issued by administrative
superiors concerning the rules or guidelines to be
iv) Rate-fixing in the exercise of quasi-judicial followed by their subordinates in the performance
authority (Philippine Consumers Foundation, Inc. of their duties. (Tañada v. Tuvera, GR No. L-
v. Secretary of Education, Culture and Sports, G.R. 63915, 1986)
No. 78385, 1987)
Interpretative regulations and those merely internal
b) Publication in nature, that is, regulating only the personnel of
the administrative agency and not the public, need
GENERAL RULES: Publication required in the
not be published. Neither is publication required of
following:
i) Administrative rules and regulations must also be the so-called letters of instructions issued by
published if their purpose is to enforce or administrative superiors concerning the rules on
implement existing law pursuant also to a valid guidelines to be followed by their subordinates in
delegation. (Tañada v. Tuvera, GR No. L-63915, the performance of their duties. (VFP v. Reyes,
1986) G.R. No. 155027, 2006)
ii) If the administrative rule substantially adds or Summary Rules on the Publication and Notice
increases the burden of those governed,
and Hearing Requirements of Administrative
publication is required. (Manila Public School
Rules and Regulations
Teachers v. Garcia, GR No. 192708, 2017)
KIND NOTICE
PUB.
iii) Every rule establishing an offense or defining (Code: SIC GRANT AND
REQ.
an act which, pursuant to law, is punishable as a PIP) COMMENT
crime or subject to a penalty shall in all cases be
published in full text. [Sec. 6(2), Chapter 2, Book Legislative Express Yes Yes/No
VII, Administrative Code of 1987] (Supplementa or
ry/Subordinat Implied
e)
Special Requisites of Penal Rules: - (PFPO)
1. The law which authorizes the promulgation of Interpretative Express No No
rules and regulations must itself Provide for the or
imposition of a penalty for their violation; Implied
2. The law must Fix or define such penalty;
3. The violation for which the rules and
Contingent Express Yes Yes
regulations impose a Penalty must be
punishable under the law itself; and
4. The rules and regulations must be published in Procedural Express Yes No
the Official Gazette or Newspaper of General or
Circulation and archived at the UP Law Center. Implied

EXCEPTIONS: Publication not required in the Internal Express No No

following: or
Implied
i) Interpretative rule/circular/regulations, which add
no real consequence more than what the law itself Penal Express Yes Yes
prescribes (Cawad v. Abad, GR No. 207145, 2015;
Tañada v. Tuvera, GR No. L-63915, 1986)

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c) Filing with the UP Law Center-Office of the The DOH’s power under the Milk Code to control
Administrative Registrar information regarding breast milk vis-a-vis breast
milk substitutes is not absolute, as the power to
Every agency shall file with the University of the control does not encompass the power to
Philippines Law Center three (3) certified copies of absolutely prohibit the advertising, marketing, and
every rule adopted by it. Each rule shall become promotion of breast milk substitutes. Neither the
effective fifteen (15) days from the date of filing. Milk Code nor the Revised Administrative Code
[Secs. 3-4, Chapter 2, Book VII, Administrative grants the DOH the authority to fix or impose
Code of 1987] administrative fines. Without any express grant of
power to fix or impose such fines, the DOH cannot
According to the Administrative Code, 3 copies of
provide for those fines in the RIRR. The DOH
every rule should be filed in the Office of the
National Administrative Register (ONAR) of the UP exceeded its authority by providing for such fines
Law Center. Failure to comply with this makes the or sanctions in the RIRR. (Pharmaceuticals and
administrative issuance ineffective & may not be Health Care Association of the Philippines v.
enforced. (GMA v. MTRCB, G.R. 148579, 2007) Duque, G.R. 173034, 2007)
This registration requirement is part of publication.
4) It must be reasonable.
Not all rules and regulations adopted by every (DE LEON, Administrative Law: Text and Cases)
government agency are to be filed with the UP Law
Center. Only those of general or of permanent 2.QUASI-JUDICIAL OR ADJUDICATORY
character are to be filed. Internal rules which are POWER
meant to regulate the personnel of the GSIS are not
subject to filing with the UP Law Center. (Board of Powers and functions which involve the decision or
Trustees v. Velasco, G.R. 17046, 2011).
determination by administrative agencies of the
NOTE: Whenever publication is required, it is the rights, duties, and obligations of specific individuals
and persons, as contrasted with powers (i.e., rule
condition sine qua non that will make the regulation
making) of administrative agencies which, while
effective. Thus, filing alone without publication is
they may involve decisions or determinations in the
not the operative act that will make the
broadest sense, involve persons generally rather
administrative rule effective. [Republic v. Express
than specially, and usually operate only
Telecommunications, GR No. 147096, 2002] prospectively. (De Leon, Administrative Law: Text
and Cases 172, 2016)
3) It must be within the scope of the authority
given by the legislature (must not be ultra
DEFINITION. The Quasi-Judicial Power has been
vires);
defined as the power of the administrative
This simply means that the resulting IRRs must not authorities to make determinations of facts in the
be ultra vires as to be issued beyond the limits of performance of their official duties and to apply the
the authority conferred. It is basic that an law as they construe it to the facts so found. The
administrative agency cannot amend an act of exercise of this power is only incidental to their
Congress, 32 for administrative IRRs are solely main function, which is the enforcement of the law.
intended to carry out, not to supplant or to modify, (Carlo Cruz, Philippine Administrative Law 49,
the law. The administrative agency issuing the 2016)
IRRs may not enlarge, alter, or restrict the
QUASI-JUDICIAL BODY. A quasi-judicial body
provisions of the law it administers and enforces,
has been defined as "an organ of government other
and cannot engraft additional non-contradictory
than a court and other than a legislature, which
requirements not contemplated by the Legislature.
affects the rights of private parties through either
(Lokin, Jr. v. Commission on Elections, G.R. Nos.
adjudication or rule making." The most common
179431-32 & 180443, 2010)
types of such bodies have been listed as follows
[Presidential Anti-Dollar Salting Task Force v.

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Court of Appeals, G.R. No. 83578, March 16, 1989

citing GONZALES, ADMINISTRATIVE LAW, A Quasi-Legislative v. Quasi-Judicial:
TEXT 13-15 (1979)]: QUASI- QUASI-
LEGISLATIVE JUDICIAL
(1) Agencies created to function in situations
wherein the government is offering some Grant Express or Express
gratuity, grant, or special privilege, like the Implied (SIC
defunct Philippine Veterans Board, Board on PIP)
Pensions for Veterans, and NARRA, and Philippine
Veterans Administration. Parties All / Sectors Particular
involved
(2) Agencies set up to function in situations
wherein the government is seeking to carry on
Adversarial No Yes
certain government functions, like the Bureau of
Immigration, the Bureau of Internal Revenue, the
Board of Special Inquiry and Board of Controversy None Exists
Commissioners, the Civil Service Commission, the
Central Bank of the Philippines. Notice and Nor Required Required
Hearing (unless
(3) Agencies set up to function in situations requires it;
wherein the government is performing some there is a
business service for the public, like the Bureau radical
of Posts, the Postal Savings Bank, Metropolitan change)
Waterworks & Sewerage Authority, Philippine
National Railways, the Civil Aeronautics
Primary J./ Not applicable Applicable
Administration.
Exhaustion of (Judicial
(4) Agencies set up to function in situations A.R. Review at first
wherein the government is seeking to regulate instance)
business affected with public interest, like the
Fiber Inspections Board, the Philippine Patent Time Future Past/Present
Office, Office of the Insurance Commissioner.
Publication Depends on Not
(5) Agencies set up to function in situations type of rule Required
wherein the government is seeking under the (SIC PIP)
police power to regulate private business and
individuals, like the Securities & Exchange Res Judicata Not Applicable Applicable
Commission, Board of Food Inspectors, the Board
of Review for Moving Pictures, and the
Professional Regulation Commission.
The Presidential Electoral Tribunal (PET) does
NOT exercise quasi-judicial functions. When the
(6) Agencies set up to function in situations
Supreme Court, as the PET, resolves a presidential
wherein the government is seeking to adjust or vice-presidential election contest, it performs
individual controversies because of some what is essentially a judicial power. (Macalintal v.
strong social policy involved, such as the Presidential Electoral Tribunal, G.R. 191618,
National Labor Relations Commission, the Court of 2010).
Agrarian Relations, the Regional Offices of the
The classification of positions in career service is a
Ministry of Labor, the Social Security Commission,
quasi- legislative, not a quasi-judicial, issuance.
Bureau of Labor Standards, Women and Minors This distinction determines whether prior notice
Bureau. and hearing are necessary. It was an internal
matter which did not need prior publication. It had
QUASI-JUDICIAL & QUASI-LEGISLATIVE been issued as an incident of the administrative
POWERS DISTINGUISHED body’s power to issue guidelines for government
officials to follow in performing their duties. (Abella

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v. CSC, G.R. 152574, 2004). with respect to acts involving the exercise of
judgment or discretion, and findings of fact. There
The fact that the Toll Regulatory Board is should be no thought of disregarding the traditional
exercising its administrative or executive functions
line separating judicial and administrative
such as the granting of franchises or awarding of
contracts and at the same time exercising its quasi- competence, the former being entrusted with the
legislative and/or quasi-judicial functions (e.g., determination of legal questions and the latter
rate-fixing), does not support a finding of a violation being limited as a result of its expertise to the
of due process or the Constitution. (Francisco, Jr., ascertainment of the decisive facts." [Presidential
et al. vs. Toll Regulatory Board, G.R. 166910 / Commission on Good Government v. Peña, G.R.
169917 / 173630 / 183599, 2010). No. 77663, [April 12, 1988], 243 PHIL 93-135]
It is well settled that findings of fact of quasi-judicial The doctrine of judicial stability or non-interference
agencies, such as the COA, are generally
in the regular orders or judgments of a co-equal
accorded respect and even finality by this Court, if
supported by substantial evidence, in recognition court is an elementary principle in the
of their expertise on the specific matters under their administration of justice: no court can interfere by
jurisdiction. (Reyna v. Commission on Audit, G.R. injunction with the judgments or orders of another
167219, 2011). court of concurrent jurisdiction having the power to
grant the relief sought by the injunction. The
The doctrine of separate personality of a rationale for the rule is founded on the concept of
corporation finds no application in a government
agency. Also, the law states that expenditures of jurisdiction: a court that acquires jurisdiction over
government funds or uses of government property the case and renders judgment therein has
in violation of law or regulations shall be a personal jurisdiction over its judgment, to the exclusion of all
liability of the official or employee found to be other coordinate courts, for its execution and over
directly responsible therefore. (Verzosa, Jr. v. all its incidents, and to control, in furtherance of
Carague, G.R. 157838, 2011). justice, the conduct of ministerial officers acting in
connection with this judgment. [Barroso v. Omelio,
Doctrine of Non-Interference.
G.R. No. 194767 , 2015]
Another basic principle is the doctrine of non-
As a rule, where legislation provides for an appeal
interference which should be regarded as highly
from decisions of certain administrative bodies to
important in judicial stability and in the the Court of Appeals, it means that such bodies are
administration of justice whereby the judgment of a co-equal with the Regional Trial Courts, in terms of
court of competent jurisdiction may not be opened, rank and stature, and logically, beyond the control
modified or vacated by any court or tribunal of of the latter. [Presidential Anti-Dollar Salting Task
concurrent jurisdiction.([Freeman, Inc. v. Securities Force v. Court of Appeals, G.R. No. 83578, 1989]
and Exchange Commission, G.R. No. 110265,
Enforcement of decisions
[July 7, 1994], 304 PHIL 139-148 citing Mercado v.
It must be in accordance with the manner prescribed
Ubay, GR No. L-35830, 24 July 1990) by the statute. If there is no provision, resort to the
courts is necessary for enforcement.
Courts may not interfere with administrative and
discretionary functions of administrative agencies. Characteristics of Quasi-Judicial Proceedings
It should be emphasized here, as again stressed – (PJAC)
by the Court in the recent case of Republic, et al. 1. Adversarial in nature; every proceeding is
vs. De los Angeles, et al., G.R. No. L-30240, March adversary in substance if it may result in an
25, 1988, that "it is well-recognized principle that order in favor of one person against another.
purely administrative and discretionary functions 2. Such proceedings partake of the nature of
may not be interfered with by the courts. In general, Judicial proceedings if it involves taking and
courts have no supervising power over the evaluation of evidence, determination of facts
based upon evidence presented and
proceedings and actions of the administrative
rendering an order or decision supported by
departments of government. This is generally true the facts proved.
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3. Particular proceedings before an 2. Due Process — Doctrine of primary

administrative agency have been held Civil jurisdiction.
rather than criminal in nature. a. If the determination requires the
4. The proceeding for forfeiture while expertise, specialized skills and
administrative in character thus possesses a knowledge of the proper administrative
criminal or penal aspect. (Cabal v. bodies because technical matters or
Kapunan, G.R. L-19052, 1962). intricate questions of facts are involved,
then relief must first be obtained in an
Requisites of Quasi-Judicial Proceedings: (JD) administrative proceeding before remedy
1. Jurisdiction (defined by law/charter) - power will be supplied by the courts.
and authority given by law to hear and decide b. Failure to comply with this doctrine
a case; consists of TWO elements— renders the action open to a motion to
jurisdiction over subject-matter and over the suspend pending referral of the issues to
person. Without jurisdiction, acts are void and the administrative agency.
open to collateral attack.
a. Administrative agencies are tribunals of
specialized or limited jurisdiction, which
a. Administrative Due Process: (HIP DESK)
is dependent entirely upon the validity
1. The right to a Hearing, which includes the
and the terms of the statutes reposing
right to present one’s case and submit
power in them.
evidence in support thereof. However, a
b. An administrative agency cannot enlarge
“trial-type” proceeding is not required. The
its own jurisdiction nor can jurisdiction be
essence is the opportunity to be heard.
conferred upon an agency by parties
2. The tribunal or body or any of its judges must
before it.
act on its or his own Independent
c. When a particular statute authorizes an
consideration of the law and facts of the
administrative agency to act in a
controversy, and not simply accept the views
particular situation, it necessarily confers
of a subordinate in arriving at a decision.
upon such agency authority to determine
3. The decision must be based on the evidence
whether the situation is such as to
Presented at the hearing or at least
authorize the agency to act; an
contained in the record and disclosed to the
administrative agency’s determination as
parties affected.
to its jurisdiction is not conclusive to the
4. The Decision must have something to
courts.
support itself.
d. Expiration of a statute may be held not to
5. The tribunal must consider the Evidence
deprive an administrative agency of
presented.
jurisdiction to enforce the statute as to
6. Evidence supporting the conclusion must be
liabilities incurred while the statute was in
Substantial.
force, where a general saving statute
7. The board or body should, in all controversial
continues such liabilities.
questions, render its decision in such a
e. Administrative agencies are creatures of
manner that the parties to the proceeding can
the law and they have no general powers
Know the various issues involved and the
but only such as conferred by law; where
reasons for the decision rendered. (Ang
the law confines in an administrative
Tibay v. CIR, G.R. L-46496, 1940)
officer the power to determine particular
questions or matters upon facts
presented, the jurisdiction of such office Doctrines:
shall prevail over courts. 1. For as long as the parties were given fair and
f. In order for the Court to acquire reasonable opportunity to be heard and to
jurisdiction over an administrative case, submit evidence in support of their
the complaint must be filed during the arguments before judgment was rendered,
incumbency of the respondent. Once the demands of due process are sufficiently
jurisdiction is acquired, it is not lost by met. (Casimiro v. Tandog G.R. 146137, 2005)
reason of respondent’s cessation from 2. Procedural due process is the constitutional
office. (Office of the Court Administrator standard demanding that notice and an
v. Andaya, A.M. RTJ-09-2181, 2013). opportunity to be heard be given before
judgment is rendered. As long as a party is
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given the opportunity to defend his interests giving the party an opportunity to be heard.
in due course, he would have no reason to Motion for reconsideration is a means to cure
complain; the essence of due process is in the defect of notice.
the opportunity to be heard. A formal or trial- 11. Non-filing of any administrative charge
type hearing is not always necessary. against the accused preparatory to his
(Imperial v. GSIS, G.R. 191224, 2011) dismissal, and therefore the dismissal
3. A decision is void for lack of due process if, as effected without any administrative
a result, a party is deprived of the opportunity complaint, violated the right of the accused to
to be heard. A void decision may be assailed substantive and procedural due process. He
or impugned at any time either directly or is entitled to reinstatement and to payment of
collaterally by means of a separate action, or the salaries, allowances, and other benefits
by resisting such decision in any action or withheld from him by reason of his discharge
proceeding where it is invoked. (Uy vs. Court from the service. (Calinisan v. Roaquin, G.R.
of Appeals, G.R. 109557, 2000) 159588, 2010)
4. The rule requiring an administrative officer to 12. The subsequent desistance by complainant
exercise his own judgment and discretion does not free the respondent from liability, as
does not preclude him from utilizing the aid of the purpose of an administrative proceeding
his subordinates in the hearing and reception is to protect the public service based on the
of evidence. time-honored principle that a public officer is
5. When an administrative agency acts as a a public trust. (Encinas v. Agustin Jr., G.R.
collegiate body, its power and duties cannot 187317, 2013)
be exercised by the members individually. 13. The Revised Rules on Administrative Cases
6. The essence of due process in administrative in the Civil Service themselves provide that
proceedings is the opportunity to explain administrative investigations shall be
one’s side or seek a reconsideration of the conducted without strict recourse to the
action or ruling complained of. (Antonio v. technical rules of procedure and evidence
Villa, G.R. 114694, 2005) applicable to judicial proceedings. (Adalin v.
7. There is no denial of due process just Taninas, G.R. L-198682, 2013)
because no cross-examination took place. 14. The dismissal of the criminal complaint does
What is important is that she was given the not affect the administrative case arising from
opportunity to do so. (Vertudes v. Buenaflor, the same incident which gave rise to said
G.R. 153166, 2005) criminal case. (Gabriel v. Ramos, A.M. P-06-
8. In administrative proceedings, the filing of 2256, 2013)
charges and giving reasonable opportunity 15. The essence of due process in administrative
for the person charged to answer the proceedings is the opportunity to explain
accusation against him constitute the one's side or seek a reconsideration of the
minimum requirements of due process. action or ruling complained of. As long as the
(Cayago v. Lina, G.R. 149539, 2005) parties are given the opportunity to be heard
9. Some proceedings are instituted by simple ex before judgment is rendered, the demands of
parte applications. Others are instituted by due process are sufficiently met. What is
filing of a charge or complaint by an offensive to due process is the denial of the
aggrieved person. Under other statutes, opportunity to be heard. Nothing is irregular
particular administrative agencies may in considering the investigation terminated
institute proceedings on their own initiative, and submitting the case for resolution based
motion, or complaint. on available evidence upon failure of the
10. Due Process requirements are usually in the respondent to file his counter-affidavit or
statute, but if none is provided, the answer despite giving him ample opportunity
Constitutional guarantee of due process of to do so. Moreover, Section 14, Article VIII of
law must be upheld. (Notice, to enable a party
to be heard and to present evidence, is not a
mere technicality or a trivial matter in any
judicial or quasi-judicial proceedings. The
service of summons is a very vital and
indispensable ingredient of Due Process).
When an agency fails to afford previous
notice, it may be cured by subsequently
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the 1987 1 Constitution need not apply to over the person is conferred even though there
decisions rendered in administrative was no proper notice or process.
proceedings. Said section applies only to - Personal notice is not required where it is
decisions rendered in judicial proceedings. It impossible to give such notice.
would be error to hold or even imply that
decisions of executive departments or Exceptions to Requirement of Notice and
administrative agencies are obliged to meet Hearing: (UTOS CLAPP)
the requirements under Section 14, Article
1. Urgency of immediate action
VIII. (Flores v. Montemayor, G.R. 170146,
2. Tentativeness of the administrative action
2011)
16. A respondent in an administrative case is not 3. Right was previously Offered but not claimed
entitled to be informed of the preliminary 4. Summary abatement of a nuisance per se
findings and recommendations; he is entitled 5. Cancellation of a passport of a person sought
for criminal prosecution
only to a reasonable opportunity to be heard,
6. Summary proceedings of Levy upon
and to the administrative decision based on
properties of a delinquent taxpayer
substantial evidence. (Velasquez v. CA, G.R.
No. 150732, 2004) 7. Replacement of a temporary or Acting
17. There is no denial of due process if any appointee
irregularity in the premature issuance of a 8. Preventive suspension of a public servant
decision has been remedied through an facing administrative charges
Order giving petitioners the right to 9. Padlocking of filthy restaurants/ theaters
participate in the hearing of the MR. The showing obscene movies
opportunity granted by, technically, allowing
petitioners to finally be able to file their Investigation v. Hearing:
comment in the case, resolves the procedural INVESTIGATION HEARING
irregularity previously inflicted upon
petitioners. (NASECORE v. ERC, G.R. By government officials, There are parties and
190795, 2011) which may be held in issues of law and of
18. The Board of Medicine can properly admit private are informal fact to be tried and at
formal offer of evidence to prove that a proceedings to obtain the conclusion of the
person’s kidneys were in their “proper Information to govern hearing, action is
anatomical locations” at the time she was future actions, have no taken which may
operated and that the BOM shall determine
parties, and are not affect the parties’
the probative value thereof, if the original
documentary evidence cannot be produced. proceedings in which rights and parties are
The rules of evidence are merely the means action is taken against entitled to be present
for ascertaining the truth respecting a matter anyone. in person and by
of fact. Rules of evidence are not strictly counsel, participate
applied in proceedings before administrative in the hearing, and
bodies such as the BOM. (Atienza v. Board
entitled to be
of Medicine, G.R. 177407, 2011)
furnished a record of
the proceedings.
WAIVER OF RIGHT TO NOTICE

- A failure to comply with the requirements may The filing of formal charges against the
result in failure to acquire jurisdiction. respondents without complying with the mandated
- Generally, the right to notice in an preliminary investigation (provided by law) or at
administrative proceeding may be waived. least giving the respondents the opportunity to
- If a general appearance is made, jurisdiction comment violated their right to due process.

1 No petition for review or motion for reconsideration of a decision of

Section 14. No decision shall be rendered by any court without
expressing therein clearly and distinctly the facts and the law on the court shall be refused due course or denied without stating the
which it is based. legal basis therefor.

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Accordingly, the formal charges are void ab initio The (Securities and Exchange) Commission
and may be assailed directly or indirectly at empowered the Prosecution And Enforcement
anytime. (Garcia v. Molina, G.R. 157383/174137, Department (PED) to conduct the hearing and to
2010) decide on the revocation of a certificate of
registration. The provisions of Pres. Decree No.
A formal charge is a written specification of the
902-A as amended do not prohibit the respondent
charge(s) against an employee. While its form may
vary, it generally embodies a brief statement of the Commission from designating an officer or a
material and relevant facts constituting the basis of division to hear a case. The Court reiterates that in
the charge(s); a directive for the employee to the absence in the rules of the Commission of a
answer the charge(s) in writing and under oath, provision designating a particular officer or
accompanied by his/her evidence; and advice for department that should try a particular action, the
the employee to indicate in his/her answer whether Commission can validly call upon any of its
he/she elects a formal investigation; and a notice qualified departments to try a particular action,
that he/she may secure the assistance of a counsel including the PED to hear and make a preliminary
of his/her own choice. (PAGCOR v. CA, G.R. ruling on the case. This was what the Commission
185668, 2011)
did to meet the demands or orderly and responsible
In administrative proceedings, the complainant administration of all the task assigned to it as a
bears the onus of establishing, by substantial government agency. [Skyworld v. SEC, GR No.
evidence, the averments of his complaint. A 95778, 1992]
complainant cannot rely on mere conjectures and
suppositions. (Sasing v. Gelbolingo, A.M. No. P- Preliminary Investigation is not a quasi-judicial
12-3032, 2013; Re: Letter Complaint of Merlita B. proceeding. The prosecutor in a preliminary
Fabiana Against Presiding Justice Andres B. investigation does not determine the guilt or
Reyes, A.M. No. CA-13-51-J, 2013) innocence of the accused. He does not exercise
adjudication nor rule-making functions. Preliminary
The AMLC’s investigation of money laundering
investigation is merely inquisitorial, and is often the
offenses and its determination of possible money
laundering offenses, specifically its inquiry into only means of discovering the persons who may be
certain bank accounts allowed by court order, does reasonably charged with a crime and to enable the
not transform it into an investigative body fiscal to prepare his complaint or information. It is
exercising quasi-judicial powers. Hence, Section not a trial of the case on the merits and has no
11 of the AMLA, authorizing a bank inquiry court purpose except that of determining whether a crime
order, cannot be said to violate SPCMB’s has been committed and whether there is probable
constitutional right to procedural process. (Subido cause to believe that the accused is guilty thereof.
Pagente Certeza Mendoza and Binay Law Offices While the fiscal makes that determination, he
v. CA, G.R. No. 216914, 2017) cannot be said to be acting as a quasi-court, for it
is the courts, ultimately, that pass judgment on the
Authority to hear can be delegated. This
accused, not the fiscal. [Bautista v. Court of
subdelegation of power has been justified by
Appeals, GR No. 143375, 2001]
"sound principles of organization" which demand
Contempt Power. "The power to punish for
that "those at the top be able to concentrate their
contempt is inherent in all courts; its existence is
attention upon the larger and more important
questions of policy and practice, and their time be essential to the preservation of order in judicial
freed, so far as possible, from the consideration of proceedings, and to the enforcement of judgments,
the smaller and far less important matters of detail." orders and mandates of courts, and, consequently,
Thus, it is well-settled that while the power to in the administration of justice" (Slade
decide resides solely in the administrative agency Perkins vs. Director of Prisons, 58 Phil., 271; U.
vested by law, this does not preclude a delegation S. vs. Loo Hoe, 36 Phil., 867; In Re Sotto, 46 Off.
of the power to hold a hearing on the basis of which Gaz. 2570; In Re Kelly, 35 Phil., 944). The exercise
the decision of the administrative agency will be of this power has always been regarded as a
made. (American Tobacco v. Director of Patents, necessary incident and attribute of courts (Slade
GR No. 26803, 1975) Perkins vs. Director of Prisons, Ibid.). [Guevara v.

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Commission on Elections, G.R. No. L-12596, [July within 30 days following the submission.
31, 1958], 104 PHIL 268-278)] 9. Finality of Order - decision shall be final and
executory 15 days after the receipt of a copy
Its exercise by administrative bodies has been thereof.
invariably limited to making effective the power to 10. Publication and Compilation of decisions -
Every agency shall publish and make available
elicit testimony (People vs. Swena, 296 P., 271).
for public inspection all decisions and final
And the exercise of that power by an administrative orders. It shall be the duty of the records officer
body in furtherance of its administrative function of the agency to prepare a register or
has been held invalid (Langenberg vs. Decker, 31 compilation of those decisions or final orders.
N.E. 190; In Re Sims 37 P., 135;
Roberts vs. Hacney, 58 S.W., 810). [Guevara v. b. Administrative Appeal and Review Appeal
Commission on Elections, G.R. No. L-12596, [July
An appeal from a final decision of the agency may
31, 1958], 104 PHIL 268-278)] be taken to the department head.
The power to hold in contempt, it has time and Perfection of Administrative Appeals
again been held, must be exercised, not on the Appeals shall be perfected within 15 days after the
vindictive, but on the preservative principle. It is not receipt of a copy of the decision complained of by
to be meted out of pique, or from an imperial sense the party adversely affected.
of the nature and functions of judicial office.
[Dumarpa v. Dimaporo, G.R. Nos. 87014-16, Effect
[September 13, 1989], 258 PHIL 272-288] The appeal shall stay the decision appealed from if
the appellate agency does not direct otherwise.
NOTE: Exercise by the quasi-judicial body of the
Action on Appeal
power to hold in contempt is through the Rules of
The appellate agency may review record and
Court. receive additional evidences.
Rules on adjudication (EO 292, Book VII) Finality of Decision of Appellate Agency
1. Compromise and Arbitration - every agency becomes final 15 days after receipt of the decision
shall, in the public interest, encourage by the parties.
amicable settlement, compromise and
arbitration. Judicial Review
2. All parties shall be entitled to notice and Agency decisions shall be subject to judicial
hearing; the notice shall be served at least 5 review. The action may be brought against the
days before the date of hearing and shall state agency, its officers, and all indispensable and
the date, time, and place of the hearing. necessary parties.
3. Parties shall be given opportunity to present
evidence and argument on all issues. Perfection of Appeal
4. Rules on Evidence - May admit evidence 1. The appeal shall be perfected by filing with
commonly accepted by reasonably prudent the agency within 15 days from receipt of
men. copy; copies shall be served upon the agency
5. Right to cross-examine witnesses. and all parties of records.
6. Agency may make judicial notice to any 2. A petition for review shall be perfected within
technical or scientific facts within in its 15 days from receipt of the final
specialized knowledge. administrative decision; 1 month’s extension
7. The agency shall have the power to require the may be allowed.
attendance of witnesses or the production of
books, papers, documents and other pertinent Controversies among Government Offices and
data; may invoke the aid of the RTC within
Corporations
whose jurisdiction the contested case falls.
All disputes of government agencies and
8. Decision - every decision rendered by the
corporations are settled administratively in the
agency in a contested case shall be in writing
manner provided by the Administrative Code. (EO
and shall state clearly and distinctly the facts
292, Book IV, Chap. 14)
and the law on which it is based; shall decide
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legal technicalities obtaining in courts of law.”

Submission for Decision for Questions of Law (Rules and Regulations Implementing the Labor
v. Questions of Fact and Law Code, Sec. 5, Rule XIII, Book V).
QUESTIONS OF QUESTIONS OF
LAW FACT AND LAW Not Applicable
Submitted to 1. Solicitor-General - 1. When the question of citizenship is resolved by
Secretary of Justice as if the dispute, claim a court or an administrative body as a material
or controversy issue in the controversy after a full-blown
Attorney- General. His
involves only hearing. (Zita Ngo Burca v. Republic, G.R.
ruling shall be binding 122226, 1998; United Pepsi Cola v. Laguesma,
departments,
on all the parties bureaus, offices, G.R. L-24252, 1973)
concerned. and other agencies 2. When WCC Referee awards the employee
of the National less than what the law provides (BF Goodrich
Government as v. WCC, G.R. L-42319, 1978)
well as the GOCCs.
Principle of res judicata in the mode of
2. Secretary of
Justice, in all other "conclusiveness of judgment"
cases not The principle of res judicata in the mode of
mentioned above. "conclusiveness of judgment" applies when the
NLRC ruling was affirmed by the Court of Appeals.
The determination of factual issues may be made It was a judicial affirmation through a decision duly
by arbitration panel composed of representatives promulgated and rendered final and executory
from each party, presided over by Secretary of when no appeal was undertaken within the
Justice. reglementary period. The jurisdiction of the NLRC,
which is a quasi-judicial body, was undisputed.
General Rule: the decision of Solicitor-General Neither can the jurisdiction of the Court of Appeals
and Secretary of Justice is binding and final. over the NLRC decision be the subject of a dispute.
The NLRC case was clearly decided on its merits;
Exception: When the claim involves 1 million likewise on the merits was the affirmation of the
pesos, in which case, the dispute is appealed to the NLRC by the Court of Appeals. With respect to the
Office of the President. fourth element of identity of parties, we hold that
there is substantial compliance. The parties in SSC
c. Administrative Res Judicata and NLRC cases are not strictly identical.
Jurisprudence however does not dictate absolute
Decisions and orders of administrative agencies identity but only substantial identity. There is
have upon their finality, the force and effect of a substantial identity of parties when there is a
final judgment within the purview of the doctrine of community of interest between a party in the first
res judicata. case and a party in the second case, even if the
latter was not impleaded in the first case. (SSC v.
The extent of whether an administrative decision Rizal Poultry and Livestock Association, G.R.
operates as res judicata also depends on the 167050, 2011)
interpretation of the enabling statute.
Inherent v. Implied v. Expressed:
The application of the doctrine of res judicata is INHERENT IMPLIED EXPRESSED
dependent upon the type of determination and
proceedings. It is applicable in administrative
actions that have been characterized as
“adjudicatory,” “judicial,” or “quasi- judicial.” On the
other hand, it is inapplicable in administrative
determinations which are of “administrative,”
“executive,” “legislative,” or “ministerial” nature.

Example: The principle of res judicata is applicable

in labor relations proceedings which are “non-
litigious and summary in nature without regard to

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Requires 1. Fact- 1. Issue a LICENSING RATE FIXING

disclosure of finding subpoena
books, etc. 2. Visitorial 2. Cite a person Licensing is a • Quasi-legislative - If the
powers in contempt quasi-judicial rules and rates are
3. Ocular 3. Search and function meant to apply to all
inspection Seizure enterprises of a given
4. Clearance 4. Adjudicate kind throughout the
5. Investigati 5. Impose country, prior notice and
ve coercive hearing is not required.
Anomalies measures (General Application)
(CSC)
• Quasi-judicial - If the
rules and rates imposed
The rule is that findings of fact of administrative
apply exclusively to a
bodies, if based on substantial evidence, are particular party, based
controlling on the reviewing authority. (Reyna v. upon a finding of fact,
COA, G.R. 167219, 2011)
prior notice and hearing
is required. (Particular
The SEC Hearing Officer had the optimum
Application)
opportunity to review the pieces of evidence
presented before him and to observe the demeanor
A license may not be withdrawn, except for a
of the witnesses. Administrative decisions on
violation of pertinent laws, rules and regulation, or
matters within his jurisdiction are entitled to respect
when public health and safety requires. An existing
and can only be set aside on proof of grave abuse
license shall not expire if the licensee makes a
of discretion, fraud, or error of law. (Queensland-
timely application for the renewal.
Tokyo Commodities, Inc. v. George, G.R. 172727,
2010) D. JUDICIAL REVIEW OF
The right to counsel under Section 12 of the Bill of ADMINISTRATIVE DECISIONS
Rights is meant to protect a suspect during custodial
General Rule: The courts accord great weight and
investigation. While investigations conducted by an
respect to factual findings of administrative bodies.
administrative body may at times be akin to a
criminal proceeding, the rule under existing laws is Exceptions: (FIG-SEC)
that a party in an administrative inquiry may or may 1. The findings are vitiated by Fraud, mistake,
not be assisted by counsel, irrespective of the illegality, collusion or imposition;
nature of the charges and of petitioner’s capacity to 2. Where the procedure which led to the factual
represent herself, and no duty rests on such body findings is Irregular;
to furnish the person being investigated with 3. When Grave abuse of discretion, arbitrariness
counsel. As such, the admissions made by or capriciousness is manifest and
4. The findings are not supported by Substantial
petitioner during the investigation may be used as
evidence;
evidence to justify her dismissal. (Carbonel v. CSC, 5. Where palpable Errors are committed;
G.R. 187689, 2010) 6. When there is a Conflict in the factual
findings.
Licensing v. Rate Fixing:
The determination of where, as between two
possible routes, to construct a road extension is
obviously not within the province of the Court.
Such determination belongs to the executive
branch. There can be no judicial review of a
question of executive policy. (Torrecampo v.
MWSS, G. R. 188296, 2011)

Doctrines:
1. Finality of Administrative Action - The
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decision of the tribunal must be final first Caneba, March 17, 1988, that "(T)he thrust of the
before it may be reviewed by the courts. related doctrines of primary administrative
2. Primary Jurisdiction - Not concerned with jurisdiction and exhaustion of administrative
judicial review but determines in some
remedies is that courts must allow administrative
circumstances whether initial action should be
taken by a court or by an administrative agencies to carry out their functions and discharge
agency their responsibilities within the specialized areas of
3. Exhaustion of Administrative Remedies - their respective competence. Acts of an
Designed primarily to control the timing of administrative agency must not casually be
judicial relief from adjudicative action of an overturned by a court, and a court should as a rule
agency. It is customarily applied to not substitute its judgment for that of the
adjudication and not to rule-making.
administrative agency acting within the perimeters
4. Ripeness for Review - The same as that of
exhaustion of administrative remedies, except of its own competence." [Presidential Commission
that it applies to the rule making and to on Good Government v. Peña, G.R. No. 77663,
administrative action which is embodied [April 12, 1988], 243 PHIL 93-135]
neither in rules or regulations nor in
adjudication or final order. Courts cannot, and will not, resolve a controversy
involving a question which is within the jurisdiction
Only an exercise of a quasi-judicial function is of an administrative agency, especially where the
reviewable by Rule 65 Petition for Certiorari. question demands the exercise of sound
Where an administrative body or officer does not administrative discretion requiring the special
exercise judicial or quasi-judicial knowledge, experience and services of the
power, certiorari does not lie. [Villanueva v. administrative agency to determine technical and
Palawan Council for Sustainable Development, intricate matters of fact.
G.R. No. 178347, 2013 citing Doran v. Judge
Luczon, Jr., 534 Phil. 198, 204-205 (2006)] Relief must first be obtained in an administrative
proceeding before a remedy will be supplied by the
1. DOCTRINE OF PRIMARY court, even if the matter is within the jurisdiction of
(ADMINISTRATIVE) JURISDICTION a court. (Republic v. Martinez, G.R. No. 158253,
2007)
Courts will respect the sense-making a.k.a. primary
jurisdiction of administrative agencies. Under the Exceptions to Doctrine of Primary Jurisdiction:
"sense-making and expeditious doctrine of primary
1. Congress does not intend that the issues be
jurisdiction . . . the courts cannot or will not left solely to the administrative agency for
determine a controversy involving a question which initial determination; (De Leon, Administrative
is within the jurisdiction of an administrative Law: Text and Cases 400, 2016)
tribunal, where the question demands the exercise 2. When issues purely involve questions of law
of sound administrative discretion requiring the (Aklan v. Jody King Construction &
special knowledge, experience, and services of the Development Corp, G.R. No. 197592, 2013) ;
3. When courts and administrative agencies
administrative tribunal to determine technical and have concurrent jurisdiction. (Republic v.
intricate matters of fact, and a uniformity of ruling is Martinez, G.R. No. 158253, 2007)
essential to comply with the purposes of the 4. In deportation proceedings, immediate judicial
regulatory statute administered. [Presidential intervention is allowed where the claim of
Commission on Good Government v. Peña, G.R. citizenship is so substantial that there are
No. 77663, [April 12, 1988], 243 PHIL 93-135] reasonable grounds to believe that the claim is

Courts must allow specialized competence of

administrative agencies through Primary
Jurisdiction and Exhaustion of Administrative
Remedies. The Court recently had occasion to
stress once more, in G.R. No. 82218, Reyes vs.
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correct.2 (Guy v. Ignacio, G.R. Nos. 167824 & is not an ironclad rule. An exception to this rule is
168622, 2010) where there is already estoppel on the part of the
party invoking the doctrine. In this case, the Puerto
The Doctrine of Primary Jurisdiction does not
Princesa LGU neither objected to the RTC’s
apply in a case seeking to enjoin the Senate
jurisdiction over the money claim filed by Company
Committee from conducting further hearings
X nor did it invoke the doctrine of primary
against Senator Villar on the alleged double
jurisdiction of the COA over the money claim. In
insertion of P200 million for the C-5 Road
fact, it even actively participated in the
Extension Project in the 2008 General
proceedings. Moreover, after the RTC decision
Appropriations Act. The issues presented here do
became final and executory, Puerto Princesa did
not require the expertise, specialized skills and
not even avail of the remedies under the Rules of
knowledge of respondent for their resolution. On
Court to assail the RTC’s jurisdiction such as an
the contrary, the issues here are purely legal
annulment of judgment under Rule 47. Hence,
questions which are within the competence and
Puerto Princesa is already barred by laches from
jurisdiction of the Court, and not an administrative
invoking the primary jurisdiction of the COA. (Star
agency or the Senate to resolve. (Pimentel v.
Special Corporate Management Inc. v. COA, G.R.
Senate, G.R. No. 187714, 2011)
No. 225366, J. Leonen, September 1, 2020)
The Supreme Court may defer to the competence
2. DOCTRINE OF EXHAUSTION OF
and expertise of the SEC if there are supervening
ADMINISTRATIVE REMEDIES
events which could have substantially changed the
factual backdrop of the case while it was pending General Rule: An administrative decision must
before the Court. (Nestle v. Uniwide, G.R. 174674, first be appealed to the administrative superiors up
2010). However, complaints for criminal violations to the highest level before it may be elevated to a
of the Securities Regulation Code must be filed court of justice for review. It is a condition
with the SEC, not DOJ or the courts, because it is precedent that must be complied with. (Sps.
considered a specialized dispute. (Baviera v. Sadang v. CA, G.R. No. 140138, 2006)
Paglinawan, G.R. 168380, 2007).
Non-observance of the doctrine of exhaustion of
The court may raise the issue of primary administrative remedies would result in lack of
jurisdiction motu proprio and its invocation cannot cause of action, and consequently, the dismissal
be waived by the failure of the parties to argue it, of the case. (Ejera v. Merto, 725 Phil. 180, 2014).
as the doctrine exists for the proper distribution of Exhaustion of administrative remedies is a
power between judicial and administrative bodies prerequisite for judicial review. It is a condition
and not for the convenience of the parties. In such precedent which must be complied with.
a case, the court may (1) suspend the judicial
process pending referral of such issues to the Applicability of the doctrine3
administrative body for its view, or (2) if the parties EXERCISE OF EXERCISE OF
would not be unfairly disadvantaged, dismiss the QUASI- JUDICIAL RULE-MAKING
case w/o prejudice. (Euro-Med Laboratories Phil. FUNCTION POWER
v. Province of Batangas, G.R. 148106, 2006) In case the subject of However, if the rule
The doctrine of primary administrative jurisdiction controversy is the or regulation was

2 above-cases admits of an exception, at least

Note: There is no question that the Bureau of
Immigration (BI) has the exclusive authority and insofar as deportation proceedings are concerned.
jurisdiction to try and hear cases against an alleged
3
alien, and in the process, determine also their Note: This rule also applies to the doctrine of
citizenship. However, the rule enunciated in the primary administrative jurisdiction.

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validity or issued pursuant to 5. When there was No decision rendered

constitutionality of a the administrative 6. When there are special circumstances
rule or regulation agency’s quasi- demanding immediate Judicial intervention
7. When the administrative remedy is
issued by the legislative (or rule-
Permissive or concurrent
administrative agency making) function, a 8. When the question raised is essentially and
in the performance of party need not purely Legal
its quasi-judicial exhaust 9. When strong public Interest is involved
function (or administrative 10. Where the issue raised is the
administrative remedies. Constitutionality of the statute, rule or
adjudicatory power), regulation
11. Where it is a civil action for Damages
the assailing party
12. Where the officer acted in utter disregard of
must exhaust Due process
The determination of
administrative 13. When there is no other plain, speedy,
whether a specific
remedies before going adequate Remedy
rule or set of rules 14. When act complained of is patently Illegal
to court. (Smart
issued by an 15. When the administrative body or the person
Communications v.
administrative invoking the doctrine is in Estoppel
NTC, G.R. No.
agency contravenes 16. When there is long-continued and
151908, 2003) unreasonable Delay
the law or the
constitution is within 17. When the subject of controversy is private
Land
the jurisdiction of the
18. When the controversy involves Possessory
regular courts. (Id.) action involving public lands
19. When the claim involved is Small so that to
require exhaustion would be oppressive and
RATIONALE: unreasonable
1. To enable the administrative superiors to 20. In Quo warranto proceedings
correct the errors committed by their 21. When to require exhaustion of administrative
subordinates; remedies would be unreasonable
2. Courts should refrain from disturbing the
findings of administrative bodies in deference A case where the issue raised is a purely legal
to the doctrine of separation of powers; question, well within the competence and the
3. Courts should not be saddled with the review jurisdiction of the court and not the administrative
of administrative cases; agency, would clearly constitute an exception.
4. Judicial review of administrative cases is Resolving questions of law, which involve the
usually done through special civil actions interpretation and application of laws, constitutes
which are available only if there is no other
essentially an exercise of judicial power that is
plain, speedy and adequate remedy.
5. Availment of administrative remedy entails exclusively allocated to the Supreme Court and
lesser expenses and provides for a speedier such lower courts the Legislature may establish.
disposition of controversies (Ongsuco v. Malones, G.R. 182065, 2009)

EXCEPTIONS: (DARNN JP LICD DRIED LPS It bears stressing that the remedies of mandamus
Quo) and prohibition may be availed of only when there
is no appeal or any other plain, speedy and
1. If it should appear that an irreparable Damage
will be suffered by a party unless resort to the adequate remedy in the ordinary course of law.
court is immediately made. Moreover, being extraordinary remedies, resort
2. When the respondent is the Alter ego of the may be had only in cases of extreme necessity
President where the ordinary forms of procedure are
3. When no administrative Review is provided as powerless to afford relief. Thus, instead of
a condition precedent for court action immediately filing a petition with the CA, petitioners
4. Where insistence on its observance would
should have first brought the matter to the CSC
result in the Nullification of the claim asserted
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which has primary jurisdiction over the case. confronted with a special and technical
(Cabungcal v. Lorenzo, G.R. 160367, 2009) case under the expertise of the
jurisdiction of an administrative agency,
The special civil actions against administrative administrative agency, courts must yield to
officers should not be entertained if there are has no option but to the administrative
superior administrative officers who could grant dismiss it. (Provincial agency by suspending
relief. (Dimson v. Local Water Utilities Bus Operators the proceedings. As
Administration, G.R. 168656, 2010) Association of the such, parties must
Philippines v. DOLE, exhaust all the
The validity and the enforceability of the “Contract
G.R. No. 202275, remedies within the
of Agreement” entered into by the parties are
2018) administrative
questions purely of law and clearly beyond the
machinery before
expertise of the Commission on Audit or the
resort to courts is
DPWH. (Vigilar v. Aquino, G.R. 180388, 2011)
allowed. (Id.)
The rule on exhaustion of administrative remedies
may be discarded when to require exhaustion of
administrative remedies would be unreasonable,
such as in cases when the Comelec En Banc
already approved the award of the bid to MPC, EFFECT OF FAILURE TO OBSERVE E.A.R.
without the BAC informing the bidders, thus However, failure to observe the doctrine of
depriving the bidders of their opportunity to avail of exhaustion of administrative remedies does not
administrative remedies. (Information Technology affect the court's jurisdiction. Thus, the doctrine
Foundation of the Philippines v. COMELEC (citing may be waived as in Soto v. Jareno: Failure to
Paat v. CA), G.R. No. 159139, 2004). observe the doctrine of exhaustion of
administrative remedies does not affect the
Doctrine of Primary Jurisdiction v. Doctrine of jurisdiction of the court. We have repeatedly
Exhaustion of Administrative Remedies stressed this in a long line of decisions. The only
DOCTRINE OF effect of non-compliance with this rule is that it will
DOCTRINE OF
EXHAUSTION OF deprive the complainant of a cause of action,
PRIMARY
ADMINISTRATIVE which is a ground for a motion to dismiss. If not
JURISDICTION
REMEDIES invoked at the proper time, this ground is deemed
Though both concepts In contrast, exhaustion waived and the court can then take cognizance of
aim to maximize the of administrative the case and try it. [Republic v. Felix, G.R. No.
special technical remedies requires 203371, [June 30, 2020] citing Republic v. Gallo,
knowledge of parties to exhaust all GR No. 207074, 2018, J. LEONEN]
administrative the remedies in the
agencies, the doctrine administrative WHEN THERE IS NO SPECIAL LAW, APPEAL
of primary machinery before TO OP.
administrative resorting to judicial Decisions of the various agencies of government
jurisdiction requires remedies. The have been appealed to the OP, consistent with the
courts to not resolve doctrine of exhaustion President's power of control over all the executive
or determine a presupposes that the departments, bureaus, and offices. The doctrine of
controversy involving court and the exhaustion of administrative remedies empowers
a question which is administrative agency the OP to review any determination or disposition
within the jurisdiction have concurrent of a department head. The doctrine allows, indeed
of an administrative jurisdiction to take requires, an administrative decision to first be
tribunal. The issue is cognizance of a appealed to the administrative superiors up to the
highest level before it may be elevated to a court of
jurisdictional and the matter. However, in
justice for review.
court, when deference to the
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evidence. (Matienzo v. Abellera, G.R. No. L-

In Phillips Seafood (Philippines) Corporation v. 45839, 1988) The doctrine of finality of judgement
Board of Investments, we recognized that under is equally applicable to quasi-judicial agencies.
the Office of the President’s Administrative Order (Mendiola v. CSC, G.R. No. 100671, 1993)
No. 18, a decision or order issued by a department
or agency need not be appealed to the OP when EXCEPTIONS: (SPA DIVE)
there is a special law that provides for a different
mode of appeal. R.A. No. 9295 does not provide In the following cases, the action is considered ripe
for an appeal procedure; thus, the assailed for judicial review despite lack of final order or
decision and resolution from the MARINA should decision from the administrative agency:
have been appealed with the OP. [Peñafrancia v.
168 Shipping, GR No. 188952, 2016] 1. To grant relief to preserve Status quo pending
further action by the administrative agency;
2. Essential to the Protection of rights asserted
WHEN THERE IS A SPECIAL LAW, GO TO
from the injury threatened;
COURT. 3. When Allowed by law;
1) Did not resort to court as per special law. In the 4. When the order is not reviewable in any other
instant case, the enabling law of respondent BOI, way and the complainant will suffer great and
E.O. No. 226, explicitly allows for immediate obvious Damage if the order is carried out;
judicial relief from the decision of respondent BOI 5. An Interlocutory order affecting the merits of
involving petitioner's application for an ITH. E.O. a controversy;
No. 226 is a law of special nature and should 6. Where an administrative officers acts in
prevail over A.O. No. 18. (NOTE: Otherwise, filed Violation of constitution and other laws; and
out of time that will result to dismissal.) [Phillips 7. To an order made in Excess of power,
contrary to specific prohibitions in the statute
Seafood (Philippines) Corp. v. Board of
governing the agency.
Investments, G.R. No. 175787, 2009]
Appeal to the CA is allowed because a quasi-
2) Correct resort to court as per special law. In this judicial agency is equivalent in rank with the RTC.
case, a special law, RA 7394, likewise expressly (Rules of Court, Rule 43) The CA has the
provided for immediate judicial relief from decisions
discretion on whether to allow the appeal or not.
of the DTI Secretary by filing a petition
for certiorari with the "proper court." Hence, private Factual findings made by quasi-judicial bodies and
respondent should have elevated the case directly administrative agencies when supported by
to the CA through a petition for certiorari. In filing a substantial evidence are accorded great respect
petition for certiorari before the CA raising the and even finality by the appellate courts. This is
issue of the OP's lack of jurisdiction, complainant
because administrative agencies possess
Moran, Jr. thus availed of the proper remedy.
specialized knowledge and expertise in their
(Moran, Jr. v. OP, G.R. No. 192957, 2014]
respective fields. As such, their findings of fact are
3. DOCTRINE OF FINALITY OF binding upon this Court unless there is a showing
(ADMINISTRATIVE) ACTION of grave abuse of discretion, or where it is clearly
shown that they were arrived at arbitrarily or in
Courts are reluctant to interfere with actions of an disregard of the evidence on record. The SSS and
administrative agency prior to its completion or CSC found the evidence for the complainants
finality. Absent a final order or decision, power has credible and proved that petitioner committed the
not been fully and finally exercised, and there can acts complained of. Moreover, the CA sustained
usually be no irreparable harm. It is only after these factual findings. The Court finds no reason
judicial review is no longer premature that the court to disturb these findings, and therefore adopts the
will ascertain in proper cases whether the same. (Japson v. Civil Service Commission, G.R.
administrative findings are not in violation of law, 189479, 2011).
whether they are free from fraud or imposition and
whether they find substantial support from the DOCTRINE OF IMMUTABILITY OF

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(ADMINISTRATIVE) JUDGMENTS Guidelines for the Judicial Review of

Administrative Agencies Exercising Quasi-
The orderly administration of justice requires that Judicial Power. In Montemayor v. Bundalian, this
the judgments/resolutions of a court or quasi- Court laid down the guidelines for the judicial
judicial body must reach a point of finality set by the review of decisions rendered by administrative
law, rules and regulations. The noble purpose is to agencies in the exercise of their quasi judicial
write finis to disputes once and for all. This is a powers, as follows:
fundamental principle in our justice system, without
which there would be no end to litigations. Utmost First, the burden is on the complainant to prove by
respect and adherence to this principle must substantial evidence the allegations in his
always be maintained by those who wield the complaint. Substantial evidence is more than a
power of adjudication. Any act which violates such mere scintilla of evidence. It means such relevant
principle must immediately be struck down. [Fortich evidence as a reasonable mind might accept as
v. Corona, G.R. No. 131457, 1998] adequate to support a conclusion, even if other
minds equally reasonable might conceivably opine
The decision of an administrative body becomes otherwise.
final and executory for failure of a party to perfect
an appeal within the reglementary period in the Second, in reviewing administrative decisions of
manner provided for in rules. Hence, such decision
the executive branch of the government, the
became immutable; it can no longer be amended
nor altered. Otherwise, any amendment or findings of facts made therein are to be respected
alteration made which substantially affects the final so long as they are supported by substantial
and executory judgment would be null and void for evidence. Hence, it is not for the reviewing court
lack of jurisdiction. [Peña v. Government Service to weigh the conflicting evidence, determine
Insurance System, G.R. No. 159520, 2006] the credibility of witnesses, or otherwise
substitute its judgment for that of the
This Court had stated before that administrative
administrative agency with respect to the
decisions must end sometime, as fully as public
policy demands that finality be written on judicial sufficiency of evidence.
controversies. Public interest requires that
proceedings already terminated should not be Third, administrative decisions in matters within the
altered at every step, for the rule of non quieta executive jurisdiction can only be set aside on
movere prescribes that what had already been proof of gross abuse of discretion, fraud, or
terminated should not be disturbed. A disregard of error of law. These principles negate the power
this principle does not commend itself to sound of the reviewing court to re-examine the
public policy. [Peña v. Government Service sufficiency of the evidence in an administrative
Insurance System, G.R. No. 159520, 2006]
case as if originally instituted therein, and do
The rule on finality of decisions, orders or not authorize the court to receive additional
resolutions of a judicial, quasi-judicial or evidence that was not submitted to the
administrative body is “not a question of administrative agency concerned. [emphases
technicality but of substance and merit,” the ours] [Cited in Miro v. Vda. de Erederos, G.R. Nos.
underlying consideration therefore, being the 172532 & 172544-45, November 20, 2013]
protection of the substantive rights of the winning
party. Nothing is more settled in law than that a Modes of Judicial Review of Administrative
decision that has acquired finality becomes
Agencies Exercising Quasi-Judicial Power
immutable and unalterable and may no longer be
modified in any respect even if the modification is
1) Rule 43, Rules of Court
meant to correct erroneous conclusions of fact or
law and whether it will be made by the court that
a) Scope. This Rule shall apply to appeals from
rendered it or by the highest court of the
land. [Peña v. Government Service Insurance judgments or final orders of the Court of Tax
System, G.R. No. 159520, 2006] Appeals and from awards, judgments, final orders
or resolutions of or authorized by any quasi-judicial

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agency in the exercise of its quasi-judicial NOTE: Enumeration of quasi-judicial under

functions. Among these agencies are the Civil Rule 43 is not exclusive; hence, appeal from the
Service Commission, Central Board of decisions of quasi-judicial bodies like the
Assessment Appeals, Securities and Exchange Professional Regulatory Commission and the
Commission, Office of the President, Land Food and Drug Administration, even if not in
Registration Authority, Social Security the list, can be appealed to the CA via Rule 43.
Commission, Civil Aeronautics Board, Bureau of The fact that the FDA is not among the agencies
Patents, Trademarks and Technology Transfer, enumerated in Rule 43 as subject of a petition for
National Electrification Administration, Energy review to the CA is of no consequence. In Cayao-
Regulatory Board, National Telecommunications Lasam v. Ramolete, the Court disagreed with the
Commission, Department of Agrarian Reform opinion of the CA that the enumeration of the
under Republic Act No. 6657, Government Service agencies mentioned in Section 1 of Rule 43 was
Insurance System, Employees Compensation exclusive. Thus: Indeed, the PRC is not expressly
Commission, Agricultural Invention Board, mentioned as one of the agencies which are
Insurance Commission, Philippine Atomic Energy expressly enumerated under Section 1, Rule 43 of
Commission, Board of Investments, Construction the Rules of Court. However, its absence from the
Industry Arbitration Commission, and voluntary enumeration does not, by this fact alone, imply its
arbitrators authorized by law. [Sec. 1, Rule 43, exclusion from the coverage of said Rule. The Rule
Rules of Court] expressly provides that it should be applied to
appeals from awards, judgments, final orders or
b) Cases Not Covered. This Rule shall not apply resolutions of any quasi-judicial agency in the
to judgments or final orders issued under the Labor exercise of its quasi-judicial functions. The phrase
Code of the Philippines. [Sec. 2, Rule 43, Rules of "among these agencies" confirms that the
Court] enumeration made in the Rule is not exclusive to
the agencies therein listed. [Alliance for the Family
c) Where to Appeal. An appeal under this Rule
Foundation, Philippines, Inc. v. Garin, G.R. Nos.
may be taken to the Court of Appeals within the
217872 & 221866, August 24, 2016]
period and in the manner herein provided, whether
the appeal involves questions of fact, of law, or 2) Rule 65, Rules of Court
mixed questions of fact and law. [Sec. 3, Rule
43, Rules of Court] When any tribunal, board or officer exercising
judicial or quasi-judicial functions has acted
d) Period of Appeal. The appeal shall be taken without or in excess its or his jurisdiction, or
within fifteen (15) days from notice of the award, with grave abuse of discretion amounting to
judgment, final order or resolution, or from the date lack or excess of jurisdiction, and there is no
of its last publication, if publication is required by appeal, or any plain, speedy, and adequate
law for its effectivity, or of the denial of petitioner's remedy in the ordinary course of law, a person
motion for new trial or reconsideration duly filed in aggrieved thereby may file a verified petition in the
accordance with the governing law of the court or proper court, alleging the facts with certainty and
agency a quo. Only one (1) motion for praying that judgment be rendered annulling or
reconsideration shall be allowed. Upon proper modifying the proceedings of such tribunal, board
motion and the payment of the full amount of the or officer, and granting such incidental reliefs as
docket fee before the expiration of the law and justice may require. [Sec. 1, Rule 65, Rules
reglementary period, the Court of Appeals may of Court]
grant an additional period of fifteen (15) days only
within which to file the petition for review. No further Special Notes on COMELEC, COA, and CSC
extension shall be granted except for the most
compelling reason and in no case to exceed fifteen 1) COMELEC and COA – Rule 64 via Rule 65
(15) days. [Sec. 4, Rule 43, Rules of Court]

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A judgment or final order or resolution of the discretion + WITH plain, adequate, speedy
Commission on Elections and the Commission on remedy, which is through CA)
Audit may be brought by the aggrieved party to the 2) Quasi-Judicial Agency to SC – Rule 65
(quasi-judicial power + with grave abuse of
Supreme Court on certiorari under Rule 65, except
discretion + WITHOUT plain, adequate,
as hereinafter provided. [Sec. 1, Rule 64, Rules of speedy remedy; hence, direct resort to SC.)
Court citing Bar Matter No. 803, 17 February 1998] 3) COMELEC and COA to SC – Rule 64 via Rule
65 (Petition for Certiorari)
2) CSC – via Rule 43; part of enumerated quasi-
judicial bodies. ------- end of topic -------

BUT: Why is COMELEC and COA under Rule 64

via Rule 65 while CSC is under Rule 43?

3) ART. IX-A, Sec. 7, 1987 CONSTITUTION

Unless otherwise provided by this Constitution or

by law, any decision, order, or ruling of each
Commission may be brought to the Supreme Court
on certiorari by the aggrieved party within thirty
days from receipt of a copy thereof.

4) RA 7902 (Expanding the CA Jurisdiction) is

the law that expressly provided that the Exclusive
appellate jurisdiction over all final judgments,
decisions, resolutions, orders or awards of
Regional Trial Courts and quasi-judicial
agencies, instrumentalities, boards or
commissions, including xxx the Civil Service
Commission xxx. Thus, by special law, final
judgments, decisions, resolutions, orders or
awards of the CSC must be appealed to the CA;
hence, CSC under Rule 43.

Thus, the judicial review scenarios are as follows:

Ordinary Appeal (Rule 43)

1) Quasi-Judicial Agency to CA – Rule 43

(Question of Fact or Question of Law or Mixed
Question of Face and Question of Law)
2) Quasi-Judicial Agency to CA via Rule 43;
then CA to SC via Rule 45
3) Quasi-Judicial Agency to SC – Rule 45? –
NO! – Must go through CA even if only
Question of Law.
4) CSC to CA – Rule 43 (Question of Fact or
Question of Law or Mixed Question of Face
and Question of Law)
Special Civil Action (Rule 65)

1) Quasi-Judicial Agency to CA – Rule 65

(quasi-judicial power + with grave abuse of

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ELECTION LAW
Political Law
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XII. ELECTION LAW A. GENERAL PRINCIPLES ON SUFFRAGE

TOPIC OUTLINE UNDER THE SYLLABUS: Theory of Popular Sovereignty

It finds constitutional basis on the following: the
Philippines is a democratic and republican State.
X. ELECTION LAW Sovereignty resides in the people and all
government authority emanates from them. [Sec.
A. General Principles on Suffrage
1, Art. II, 1987 Constitution]
B. Commission on Elections (COMELEC) So, a democratic and republican government
1. Composition
derives all its powers, directly and indirectly, from
2. Powers and Functions
the people at large. Its essence is indirect rule.
3. Jurisdiction
Actual sovereignty is exercised by the people by
means of suffrage through the ballot of the
C. Voters and Voting
registered voters in duly appointed elections held
1. Qualification and Disqualification of Voters
2. Registration of Voters from time to time. [H. De Leon, The Law on Public
3. Inclusion and Exclusion Proceedings Officers and Election Law, at 490 (2019)]
4. Local and Overseas Absentee Voting
5. Detainee Voting “As long as popular government is an end to be
6. Automated Election System achieved and safeguarded, suffrage, whatever
may be the modality and form devised, must
D. Candidates continue to be the means by which the great
1. Qualifications and Disqualifications of reservoir of power must be emptied into the
Candidates receptacular agencies wrought by the people
2. Filing of Certificates of Candidacy through their Constitution in the interest of
a. Effect of Filing good government and the common weal.
b. Substitution and Withdrawal of Republicanism, in so far as it implies the adoption
Candidates of a representative type of government, necessarily
c. Nuisance Candidates points to the enfranchised citizen as a particle of
d. Duties of the COMELEC popular sovereignty and as the ultimate source of
3. Political Parties the established authority. He has a voice in his
4. Party-List Government and whenever called upon to act in
justifiable cases, to give it efficacy and not to stifle
E. Campaign it. This, fundamentally, is the reason for the rule
1. Election Campaign or Partisan Political that ballots should be read and appreciated, if not
Activity with utmost, with reasonable, liberality.” [Moya v.
2. Election Campaign Acts Del Fierro, GR No. L-46863, 1939]
3. Election Propaganda
4. Contributions and Expenditures Definition, Suffrage
Suffrage is the right as well as obligation of
F. Election Controversies and Remedies qualified citizens to vote in the election of certain
1. Controversies and Remedies Before national and local officers of the government and in
Proclamation the decision of public questions submitted to the
a. Postponement of Election people. [H. De Leon, The Law on Public Officers
b. Failure of Election and Election Law, at 490 (2019)]
c. Petition to Deny Due Course or Cancel
a Certificate of Candidacy
The right to suffrage not only includes the right to
d. Petition for Disqualification
vote for one’s chosen candidate, but also the right
e. Pre-Proclamation Controversies
to vocalize that choice to the public in general, in
f. Annulment of Election
2. Controversies and Remedies After
the hope of influencing their votes. It may be said
Proclamation (Election Contests) that in an election year, the right to vote necessarily
a. Election Protest includes the right to free speech and
b. Quo Warranto expression. [Diocese of Bacolod v. COMELEC, GR
No. 205728, 2015]
G. Election Offenses

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The right to vote is different from the right to art. VI, § 32.)
register. A person may register even before he is 2. Recall — it is the termination of official
18 years old, but must be at least 18 years old on relationship of a local elective official for loss of
confidence prior to the expiration of his term
the day of the election. (PHIL CONST., art. III, § 9.)
through the will of the electorate. (PHIL CONST.,
art. X, § 3.)
Nature of Suffrage
3. Initiative — it is the power of the people to
propose amendments to the Constitution or to
1) Not a natural right. It is merely a privilege to be
propose and enact legislations through an
given or withheld by the lawmaking power subject
election called for the purpose. It is the people
to constitutional limitations. It is not a necessary
power feature of the Constitution. (PHIL
accompaniment of citizenship. It is granted to
CONST., art. VI, § 32.)
individuals only upon the fulfillment of certain
4. Plebiscite — it is the electoral process by which
minimum conditions deemed essential for the
an initiative on the Constitution is approved or
welfare of society.
rejected by the people. It is also the means by
2) Not an absolute right. It is subject to existing
which the voters in affected areas consent or
substantive and procedural requirements provided
object to the change in the form of local
in the Constitution, statutes, and valid rules and
government. (PHIL CONST., art.
regulations. Only on the most serious grounds and
X, § 10,11,18.)
upon clean and convincing proof may a citizen be
5. Election — it is the choice or selection of
deemed to have forfeited his right of suffrage.
candidates to public office by popular vote
3) A Constitutional right. Because it is an
through the use of the ballot. Specifically, it
expression of the sovereign will of the people. In
may refer to the conduct of the polls, including
the sense of a right conferred by the Constitution,
the listing of voters, the holding of the electoral
suffrage is classified as a political right, as well as
campaign and the casting and counting of
a bounden duty of every citizen, enabling him or
ballots and canvassing of returns. (Taule vs.
her to participate in the process of government to
Santos, G.R. No. 90336, Aug. 12, 1991.)
assure that it truly derives its powers solely from
the consent of the governed.
4) A burden and privilege. The right of suffrage Election
is based upon the theory that the people who bear Election means the choice or selection of
the burden of government should share in the candidates for public office by popular vote through
privilege of choosing the officials of the the use of the ballot. Specifically, it covers the
government. The principle is that of 1 man, 1 vote. conduct of the polls, including the listing of voters,
5) A Public Trust. As a patriotic duty of every the holding of the electoral campaign, the casting
qualified citizen, suffrage is in the nature of a public and counting of ballots, the consolidation and
trust and constitutes a voter as representative of transmission of results, and the canvassing of the
the whole people. This duty, while not compulsory, returns. [Sec. 3(b), AM. No. 10-4-1-SC]
requires that the privilege bestowed should be
exercised not exclusively for the benefit of the voter Election is the means by which the people choose
but in good faith and with intelligent zeal for the their officials for a definite and fixed period and to
general benefit and welfare of the state. [H. De whom they entrust for the time being the exercise
Leon, The Law on Public Officers and Election of the powers of the government. (Garchitorena v.
Law, at 491 (2019)] Crescini, G.R. No. L-14514, Dec. 18, 1918)

Regulation of Suffrage Kinds of Election

Congress has unlimited power to enact laws 1. Regular or General: provided by law for the
relative to the right of suffrage and in the exercise election of officers either nation-wide or in
of police power, to suppress whatever evils may be certain subdivisions thereof, after the expiration
incident to the election of public officers. (PHIL of the full term of the former officers;
CONST., art. VI, § 1.) 2. Special: one held to fill a vacancy before the
expiration of the term which the incumbent was
Scope of Suffrage elected. (Lucero v. Commission on Elections,
G.R. No. 113107, Jul. 20, 1994.)
1. Referendum — power of the electorate to
approve or reject legislation through an
election called for the purpose. (PHIL CONST.,

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Election Period executory, and not appealable.

Unless otherwise fixed by the Commission in
special cases, the election period shall commence 3) Decide, except those involving the right to vote,
90 days before the day of election and shall end 30 all questions affecting elections, including
days thereafter. (PHIL CONST., art. IX-C, § 9; determination of the number and location of polling
Omnibus Election Code, § 3.) places, appointment of election officials and
inspectors, and registration of voters.
B. COMMISSION ON ELECTIONS
(COMELEC) 4) Deputize, with the concurrence of the President,
law enforcement agencies and instrumentalities of
Composition of COMELEC the Government, including the Armed Forces of the
(1) There shall be a Commission on Elections Philippines, for the exclusive purpose of ensuring
composed of a Chairman and six Commissioners free, orderly, honest, peaceful, and credible
who shall be natural-born citizens of the Philippines elections.
and, at the time of their appointment, at least thirty-
five years of age, holders of a college degree, and 5) Register, after sufficient publication, political
must not have been candidates for any elective parties, organizations, or coalitions which, in
position in the immediately preceding elections. addition to other requirements, must present their
However, a majority thereof, including the platform or program of government; and accredit
Chairman, shall be Members of the Philippine Bar citizens’ arms of the Commission on Elections.
who have been engaged in the practice of law for Religious denominations and sects shall not be
at least ten years. registered. Those which seek to achieve their goals
through violence or unlawful means, or refuse to
(2) The Chairman and the Commissioners shall be uphold and adhere to this Constitution, or which are
appointed by the President with the consent of the supported by any foreign government shall likewise
Commission on Appointments for a term of seven be refused registration.
years without reappointment. Of those first
appointed, three Members shall hold office for Financial contributions from foreign governments
seven years, two Members for five years, and the and their agencies to political parties,
last Members for three years, without organizations, coalitions, or candidates related to
reappointment. Appointment to any vacancy shall elections constitute interference in national affairs,
be only for the unexpired term of the predecessor. and, when accepted, shall be an additional ground
In no case shall any Member be appointed or for the cancellation of their registration with the
designated in a temporary or acting capacity. [Sec. Commission, in addition to other penalties that may
1, Art. IX-C, 1987 Constitution] be prescribed by law.

Powers and Functions 6) File, upon a verified complaint, or on its own

The Commission on Elections shall exercise the initiative, petitions in court for inclusion or exclusion
following powers and functions: of voters; investigate and, where appropriate,
prosecute cases of violations of election laws,
1) Enforce and administer all laws and regulations including acts or omissions constituting election
relative to the conduct of an election, frauds, offenses, and malpractices.
plebiscite, initiative, referendum, and recall.
7) Recommend to the Congress effective
2) Exercise exclusive original jurisdiction over all measures to minimize election spending, including
contests relating to the elections, returns, and limitation of places where propaganda materials
qualifications of all elective regional, provincial, and shall be posted, and to prevent and penalize all
city officials, and appellate jurisdiction over all forms of election frauds, offenses, malpractices,
contests involving elective municipal officials and nuisance candidacies.
decided by trial courts of general jurisdiction, or
involving elective barangay officials decided by trial 8) Recommend to the President the removal of any
courts of limited jurisdiction. officer or employee it has deputized, or the
imposition of any other disciplinary action, for
Decisions, final orders, or rulings of the violation or disregard of, or disobedience to its
Commission on election contests involving elective directive, order, or decision.
municipal and barangay offices shall be final,
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9) Submit to the President and the Congress a [COMELEC Resolution No. 9574]
comprehensive report on the conduct of each 10) Examination of the book of voters, ballot boxes
election, plebiscite, initiative, referendum, or recall. and their keys, ballots and other documents and
[Sec. 2, Art. IX-C, 1987 Constitution] the recounting of votes. [Sec. 255, Art. XXI, OEC]
11) To conduct Initiative, Referendum, Recall,
Summary of COMELEC Powers and Functions Plebiscite [Sec. 2, Art. IX-C, 1987 Constitution]
GENERAL POWERS: 12) To investigate and prosecute election offenses
1) Enforcement and administration of election laws [Sec. 265, Art. XXII, OEC]
and regulations [Sec. 2, Art. IX-C, 1987 13) To deputize, with the concurrence of the
Constitution] for the purpose of ensuring free, President, law enforcement agencies and
honest, orderly, credible, peaceful elections. [Sec. government instrumentalities. [Sec. 2, Art. IX-C,
52, Art. VII, OEC] 1987 Constitution]
2) Promulgate rules and regulations implementing
the Omnibus Election Code and other laws which Standby Power of COMELEC
the COMELEC is required to enforce Rule-Making If it shall no longer be reasonably possible to
Power) [Sec. 2, Art. IX-C, 1987 Constitution; Sec. observe the periods and dates prescribed by law
52, Art. VII, OEC] for certain pre-election acts, the Commission
3) Exclusive control and supervision over the shall fix other periods and dates in order to
Automated Election System [RA 8436] ensure accomplishment of the activities so
4) Issue a subpoena in the exercise of quasi- voters shall not be deprived of their suffrage.
judicial [Sec. 52(d), OEC] [Sec. 28, RA 8436]
5) Power to punish for contempt provided for in the
Rules of Court. [Sec. 52(e), OEC] However, this standby power relative to the
6) Power to issue auxiliary writs and processes fixing the date of registration of voters is
[Soller v. COMELEC, G.R. No. 139853], 5 subject to the system of continuing registration
September 2000] of voters under Sec. 8, RA 8189: “The personal
7) Power to decide election cases within its filing of application of registration of voters shall be
jurisdiction (i.e., regional, provincial, and city conducted daily in the office of the Election Officer
elective officials) in the exercise of its quasi-judicial during regular office hours. No registration shall,
functions [Sec. 2, Art. IX-C, 1987 Constitution] however, be conducted during the period
starting one hundred twenty (120) days before
SPECIFIC POWERS: a regular election and ninety (90) days before a
1) To declare a failure of elections and call for the special election.”
holding of the election not held or suspended. [Sec.
6, OEC] Disposition of Election Cases
2) To conduct special elections upon grant of The Commission on Elections may sit en banc or
authority by Congress [Kida v. Senate, GR No. in two divisions, and shall promulgate its rules of
196271, 18 October 2011] procedure in order to expedite disposition of
3) To postpone elections for any serious cause election cases, including pre-proclamation
such as violence, terrorism, loss or destruction of controversies. All such election cases shall be
election paraphernalia, force majeure, and other heard and decided in division, provided that
analogous causes. [Sec. 5, OEC] motions for reconsideration of decisions shall
4) To correct manifest error in election documents be decided by the Commission en banc. [Sec.
(administrative function) [De Leon v. Imperial, GR 3, Art. IX-C, 1987 Constitution]
No. L-5758, 30 March 1954]
5) To order re-canvass of votes if its suspension Supervising/Regulating Franchises or Permits
order is violated [Javier v. COMELEC, GR No. The Commission may, during the election
22248, 30 January 1965] period, supervise or regulate the enjoyment or
6) To annul or suspend, partially or totally, utilization of all franchises or permits for the
candidate proclamation [Salcedo v. COMELEC, operation of transportation and other public utilities,
GR No. L-16835, 26 July 1960] media of communication or information, all grants,
7) To annul an illegal canvass [Salcedo v. special privileges, or concessions granted by the
COMELEC, GR No. L-16835, 26 July 1960] Government or any subdivision, agency, or
8) Changing of the designation of polling places instrumentality thereof, including any government-
[Sec. 153, Art. XIII, OEC] owned or controlled corporation or its subsidiary.
9) To transfer venue of canvassing of votes
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PURPOSE: Such supervision or regulation shall regions), provincial, and city officials (NOTE:
aim to ensure equal opportunity, time, and space, Municipal officials not included here; jurisdiction is
and the right to reply, including reasonable, equal with Regional Trial Courts). [Sec. 1, Rule 6,
rates therefor, for public information campaigns COMELEC Resolution No. 8804 s.2010]
and forums among candidates in connection with
the objective of holding free, orderly, honest, 3) COMELEC EN BANC - Enforcement of laws
peaceful, and credible elections. [Sec. 4, Art. IX-C, and rules in relation to the conduct of elections.
1987 Constitution] [Zaldivar v. Estenzo, GR No. L-26065, 3 May 1968]

Election Period 4) COMELEC EN BANC - shall have the exclusive

Unless otherwise fixed by the Commission in power to conduct preliminary investigation of all
special cases, the election period shall election offenses punishable under the election
commence ninety days before the day of the laws and to prosecute the same, except as may
election and shall end thirty days after. [Sec. 9, otherwise be provided by law. [Sec.1, Rule 34,
Art. IX-C, 1987 Constitution] COMELEC Rules of Procedure]

Funding of Elections COMELEC DIVISION CASES

Funds certified by the Commission as necessary to 1) Petitions for Certiorari from the decisions,
defray the expenses for holding regular and special orders, resolution of the RTC and MTC in election
elections, plebiscites, initiatives, referenda, and protests. [Soller v. COMELEC, GR No. 139853, 5
recalls, shall be provided in the regular or special September 2000]
appropriations and, once approved, shall be
released automatically upon certification by the 2) Cases appealed from RTC and MTC. [Abad v.
Chairman of the Commission. [Sec. 11, Art. IX-C, COMELEC, GR No. 128877, 10 December 1999]
1987 Constitution]
3) Petitions to cancel certificate of candidacy.
Exclusive Original Jurisdiction of COMELEC [Bautista v. COMELEC, GR No. 154796, 23
1) COMELEC DIVISION – shall have exclusive October 2003]
jurisdiction in pre-proclamation controversies
arising from national, regional or local 4) All contests relating to the elections, returns, and
elections. [Sec. 242, OEC; Sec. 2, Rule 3, qualifications of all elective regional, provincial, and
COMELEC Resolution No. 8804 s.2010] city officials (including pre-proclamation
controversies). [Sec. 2(2), Art. IX-C, 1987
A pre-proclamation controversy refers to any Constitution]
question pertaining to or affecting the
proceedings of the board of canvassers which COMELEC EN BANC CASES
may be raised by any candidate or by any 1) MR of a decision rendered by a COMELEC
registered political party or coalition of political Division. [Sec. 3, Art. IX-C, 1987 Constitution]
parties before the board or directly with the
Commission (division only, not en banc), or any 2) Petition for correction of manifest errors from
matter raised under Sections 233, 234, 235, and erroneous copying of figures from the Election
236 (election returns are delayed, lost, destroyed, Return to the Statement of Votes by precinct.
falsified, tampered or have material defects or [Jaramilla v. COMELEC, GR No. 155717, 23
discrepancies) in relation to the preparation, October 2003] NOTE: Considered as an
transmission, receipt, custody and appreciation of ADMINISTRATIVE function; hence, en banc.
the election returns.
3) Cases involving violation of election laws.
NOTE: All pre-proclamation cases can only be [Baytan v. COMELEC, GR No. 153945, 4 February
heard by the COMELEC Division, not en banc; 2003]
otherwise, null and void. [Soller v. COMELEC, GR
No. 139853, 5 September 2000 citing Sarmiento v. 4) Where COMELEC exercises administrative and
COMELEC] does not exercise adjudicatory/quasi-judicial
powers. [Baytan v. COMELEC, GR No. 153945, 4
2) COMELEC DIVISION – shall have exclusive February 2003]
original jurisdiction over all election protests
involving elective regional (the autonomous NOTE: The COMELEC’s administrative powers
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are found in Section 2 (1), (3), (4), (5), (6), (7), (8), political party only when necessary to the
and (9) of Article IX-C. Thus, the only quasi-judicial discharge of its constitutional functions [Atienza v.
function of the COMELEC is deciding all questions COMELEC, GR No. 188920, 16 February 2010],
affecting elections including determination of the such as the ascertainment of the identity of the
number and location of polling places, appointment political party and its legitimate officers [LDP v.
of election officials and inspectors, and registration COMELEC, GR No. 161265, 24 February 2004].
of voters EXCEPT those involving the right to vote.
Cases Involving the Right of Suffrage
Legal Consequence of Failure to Obtain The jurisdiction to decide controversies on
Majority Four (4) Votes in an MR to COMELEC inclusion or exclusion of voters belongs to the MTC
1) In Mendoza v. COMELEC, GR No. 191084, and MeTC [Sec. 138, Art. XII, OEC]
2010, the SC ruled that failure to obtain the
necessary majority vote of four (4) in an MR to the Jurisdiction Over Election Contests Involving
COMELEC en banc would lead to the dismissal of Municipal and Barangay Elective Officials
the election protest filed with the COMELEC COMELEC exercises appellate jurisdiction (not
division subject of the MR. original jurisdiction) over all contests involving
elective municipal officials decided by trial courts of
2) However, the SC reversed the Mendoza general jurisdiction or involving elective barangay
Doctrine in Legaspi v. COMELEC, GR No. 216572, officials decided by trial courts of limited
19 April 2016 as follows: jurisdiction. [Sec. 2(2), Art. IX-C, 1987 Constitution]

“The Mendoza doctrine, as reiterated in the Judicial Review of COMELEC Decisions

September 1, 2015 Decision, deviated from Unless otherwise provided by this Constitution or
the 1987 Constitution. Not only does it circumvent by law, any decision, order, or ruling of each
the four-vote requirement under Sec. 7, Art. IX-A of Commission [including COMELEC] may be
the Constitution, it likewise diminishes the brought to the Supreme Court on certiorari by the
adjudicatory powers of the COMELEC Divisions aggrieved party within thirty days from receipt of a
under Sec. 3, Article IX-C. 14. copy thereof. [Sec. 7, Art. IX, 1987 Constitution]

Under Sec. 3, Article IX-C of the 1987 Thus, a judgment or final order or resolution of the
Constitution, the COMELEC Divisions are Commission on Elections and the Commission on
granted adjudicatory powers to decide election Audit may be brought by the aggrieved party to the
cases, provided that the COMELEC en Supreme Court on certiorari under Rule 65, except
banc shall resolve motions for reconsideration as hereinafter provided. [Sec. 2, Rule 64, Rules of
of the division rulings. Further, under Sec. 7, Court]
Article IX-A of the Constitution, four (4) votes
are necessary for the COMELEC en banc to But for the SC to take cognizance of the case, it
decide a case. Naturally, the party moving for must be a decision by the COMELEC en banc
reconsideration, as the party seeking and not an interlocutory order by a COMELEC
affirmative relief, carries the burden of proving division [Cagas v. COMELEC, GR No. 194139, 24
that the division committed reversible error. January 2012].
The movant then shoulders the obligation of
convincing four (4) Commissioners to grant his COMELEC Supervision and Control over the
or her plea. Conduct of Automated Elections
The power and duty of the COMELEC to administer
This voting threshold, however, is easily rendered election laws and to have control and supervision
illusory by the application of the Mendoza ruling, over the automated elections is not incompatible
which virtually allows the grant of a motion for with the decision to subcontract services that may
reconsideration even though the movant fails to be better performed by those who are well-
secure four votes in his or her favor, in blatant equipped to handle complex technological matters
violation of Sec. 7, Art. IX-A of the Constitution.” with respect to the implementation of the AES. The
[Legaspi v. Commission on Elections, G.R. No. subcontractor cannot act independently of the
216572 (Resolution), April 19, 2016] COMELEC. [Roque v. COMELEC, GR No.
188456, 2009]
Intra-Political Party Disputes
COMELEC may intervene in disputes internal to a
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C. VOTERS AND VOTING Note: No literacy, property, or other substantive

requirement can be imposed on the exercise of
1. QUALIFICATION AND DISQUALIFICATION suffrage. (PHIL CONST., art. V, § 1)
OF VOTERS
Grounds for Disqualification to Register as
CONSTITUTIONAL RULES: Voter:
(a) Any person who has been sentenced by final
1) QUALIFICATIONS AND REQUIREMENTS. judgment to suffer imprisonment of not less than
Suffrage may be exercised by all citizens of the one (1) year, such disability not having been
Philippines not otherwise disqualified by law, who removed by plenary pardon or amnesty: Provided,
are at least eighteen years of age, and who shall however, That any person disqualified to vote
have resided in the Philippines for at least one year under this paragraph shall automatically reacquire
and in the place wherein they propose to vote for the right to vote upon expiration of five (5) years
at least six months immediately preceding the after service of sentence;
election. [Sec. 1, Art. V, 1987 Constitution]
(b) Any person who has been adjudged by final
2) PROHIBITED REQUIREMENTS. No literacy, judgment by a competent court or tribunal of having
property, or other substantive requirement shall be committed any crime involving disloyalty to the duly
imposed on the exercise of suffrage. [Sec. 1, Art. constituted government such as rebellion, sedition,
V, 1987 Constitution] violation of the firearms laws or any crime against
national security, unless restored to his full civil and
3) BALLOT SECRECY. The Congress shall political rights in accordance with law: Provided,
provide a system for securing the secrecy and That he shall automatically reacquire the right to
sanctity of the ballot as well as a system for vote upon expiration of five (5) years after service
absentee voting by qualified Filipinos abroad. [Sec. of sentence; and
2, Art. V, 1987 Constitution]
(c) Insane or incompetent persons declared as
4) DISABLED AND ILLITERATES. The Congress such by competent authority unless subsequently
shall also design a procedure for the disabled and declared by proper authority that such person is no
the illiterates to vote without the assistance of other longer insane or incompetent. [Sec. 11, RA 8189]
persons. Until then, they shall be allowed to vote
under existing laws and such rules as the NOTE:
Commission on Elections may promulgate to These qualifications are continuing requirements.
protect the secrecy of the ballot. [Sec. 2, Art. V, Congress may not add qualifications but can
1987 Constitution] provide for procedural requirements and
disqualifications. However, the disqualifications
Any person, who, on the day of registration may not must not amount to qualifications.
have reached the required age or period of
residence but, who, on the day of the election shall All these disqualifications presuppose that the
possess such qualifications, may register as a person was once qualified, but due to an
voter. [Sec. 9, RA 8189] intervening event, the person became disqualified.
The Congress cannot add disqualifications which
Qualifications (CD R2 18): can be characterized as a prior restraint.
(Mutuc v. Commision on Elections, G.R. No. L-
1. Citizen of the Philippines 32717, Nov. 26, 1970)
2. Not Disqualified by law
3. Resident of the Philippines for at least 1 Dual Citizenship Law — Former natural-born
YEAR Filipino citizens who acquired foreign citizenship
4. Resident of the place wherein he proposes to through naturalization are deemed not to have lost
vote for at least 6 months immediately their Philippine citizenship under conditions
preceding the election provided in this act. (Citizenship Retention and Re-
5. At least 18 years old acquisition Act of 2003, § 2.)

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Derivative Citizenship — The unmarried child, 2. REGISTRATION AND DEACTIVATION OF

whether legitimate, illegitimate, or adopted, under VOTERS
18 years of age, of those who re-acquire Philippine
citizenship under the Dual Citizenship Law shall be Registration — It does not confer the right to vote;
deemed citizens of the Philippines. (Citizenship it is just a condition precedent to the exercise of the
Retention and Re-acquisition Act of 2003, § 4.) right.
It is the act of accomplishing and filing of a sworn
Requirement for Naturalized Citizens: application for the registration by a qualified voter
To vote — swear an oath of allegiance. before the election officer of the city or municipality
To be elected to public office — renounce foreign wherein he resides and including the same in the
citizenship. book of registered voters upon approval by the
To be appointed to public office — swear an oath Election Registration Board (ERB). (R.A. No. 8189,
of allegiance to the Philippines and renounce § 3.)
foreign citizenship.
(Citizenship Retention and Re-acquisition Act of New System Of Registration — Continuing
2003, § 3.) registration of voters whereby application for
registration of voters shall be conducted daily in the
Residence — One’s domicile or legal residence. It office of the Election Officer during regular office
is where a party actually or constructively has his hours and all applications for registration shall be
permanent home, or where he, no matter where he heard and processed on a quarterly basis by the
may be found, eventually intends to return and Election Registration Board.
remain. (Romualdez-Marcos v. Commission on
Elections, G.R. No. 119976, Sep. 18, 1995.) List of Voters
It refers to an enumeration of names of registered
Residency Requirements: voters in a precinct duly certified by the Election
Domicile — This is in reference to the 1-year Registration Board for use in the election. (RA No
residency requirement in the Philippines. 8189)

Elements: (VARP) No Bio-No Boto Policy

1. Physical presence in the country Biometrics – refers to a quantitative analysis that
2. Intention to Remain provides a positive identification of an individual
3. Intention to Abandon the old domicile such as voice, photograph, fingerprint, signature,
4. It must be Voluntary, must concur. iris, and/or such other identifiable features. (R.A.
No. 10367s, § 2(b).)
Note: All elements must concur.
The biometrics registration requirement is not a
Temporary Residence — This is in reference to
"qualification" to the exercise of the right of
the 6- month residency requirement in the place
suffrage, but a mere aspect of the registration
where one wants to vote. In this case, residence
procedure, of which the State has the right to
can either mean domicile or temporary residence.
reasonably regulate. Unless it is shown that a
registration requirement rises to the level of a
To successfully effect a transfer of domicile,
literacy, property or other substantive requirement
one must demonstrate: as contemplated by the Framers of the
• An actual removal or change of domicile; Constitution—that is, one which propagates a
• A bona fide intention of abandoning the socio-economic standard which is bereft of any
former place of residence and establishing rational basis to a person's ability to intelligently
a new one; and cast his vote and to further the public good— the
• Acts which correspond with that purpose. same cannot be struck down as unconstitutional.
(Kabataan Party-list vs. COMELEC, G.R. No.
There must be animus manendi coupled with 221318, Dec. 16, 2015.)
animus non revertendi. (Asistio v. Canlas, G.R. No.
191124, Apr. 27, 2010). The public has been sufficiently apprised of the
implementation of RA 10367, and its penalty of
deactivation in case of failure to comply. Thus,
there was no violation of procedural due process.
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(Kabataan Partylist vs. COMELEC, G.R. No. No Election Officer shall hold office in a particular
221318, Dec. 16, 2015.) city/municipality for more than 4 years. COMELEC
has the authority to effect transfer.
However, the power of COMELEC to restrict a
citizen's right of suffrage should not be arbitrarily Can COMELEC change the registration period
exercised. (Timbol vs. COMELEC, G.R. No. by resolution?
206004, Feb. 24, 2015.) No. The period within which voters may register to
vote is set by law and cannot be changed by mere
Who shall submit for biometrics registration? resolution of the COMELEC.
1. New Voters — COMELEC shall implement a
mandatory biometrics registration system Book of voters — Classified as permanent
2. Registered voters whose biometrics have not whereby each precinct shall have a permanent list
been captured. (R.A. No. 10367). of all registered voters residing within the territorial
jurisdiction of that precinct. (R.A. No. 8189, § 3.)
Validation
Alteration of Book Of Voters: (DECANT)
It is the process of taking the biometrics of
registered voters whose biometrics have not yet 1. Deactivation/Reactivation
been captured. It shall be conducted by the City or 2. Exclusion/Inclusion
Municipal Election Officer. (R.A. No. 10367, § 2.) 3. Cancellation of registration in case of death
4. Annulment of book of voters
Registration of Illiterates/Persons With 5. New voters
Disabilities 6. Transfer of residence
Illiterate or PWD voters may register with the
assistance of the Election Officer or any member of Grounds for Deactivation of Voter Registration
an accredited citizen’s arms; application for
registration may be prepared by any relative within Deactivation — It is the removal of the registration
the fourth (4th) civil degree of consanguinity or records of certain persons from the corresponding
affinity or by the Election Officer or any member of precinct book of voters and placing the same in the
an accredited citizen’s arms using the data inactive file, properly marked “deactivated” and
supplied by the applicant. (R.A. No. 8189, § 14.) dated in indelible ink, after entering the cause of
deactivation. (R.A. No. 8189, § 27.)
Disqualifications to Register as Voter
The board shall deactivate the registration and
The same are grounds for disqualifications for
remove the registration records of the following
suffrage:
persons from the corresponding precinct book of
1. Sentence by final judgment to imprisonment
voters and place the same, properly marked and
of at least 1 year
dated in indelible ink, in the inactive file after
2. Conviction by final judgment of any of the
entering the cause or causes of deactivation:
following crimes:
a. crime involving disloyalty to the
(a) Any person who has been sentenced by final
government (i.e. rebellion, sedition)
judgment to suffer imprisonment for not less than
b. firearms law
one (1) year, such disability not having been
c. crimes against national security
removed by plenary pardon or amnesty: Provided,
3. Insanity or incompetence declared by
however, That any person disqualified to vote
competent court. (Omnibus Election Code, §
under this paragraph shall automatically reacquire
118.)
the right to vote upon expiration of five (5) years
after service of sentence as certified by the clerks
When is registration not allowed:
of courts of the Municipal/Municipal
1. 120 days before regular election
Circuit/Metropolitan/Regional Trial Courts and the
2. 90 days before special election. Sandiganbayan;
(R.A. No. 8189, § 8.) (b) Any person who has been adjudged by final
judgment by a competent court or tribunal of having
Each precinct shall have no more than 200 voters caused/committed any crime involving disloyalty to
and shall comprise contiguous and compact the duly constituted government such as rebellion,
territories except when precincts are clustered. sedition, violation of the anti-subversion and
firearms laws, or any crime against national
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security, unless restored to his full civil and political NOTE: Reactivation procedure here also applies to
rights in accordance with law; Provided, That he those deactivated for non-validation under RA
shall regain his right to vote automatically upon 10367.
expiration of five (5) years after service of
sentence; Rules on Transfer of Voter Registration
(c) Any person declared by competent authority to 1) Any registered voter who has transferred
be insane or incompetent unless such residence to another city or municipality may apply
disqualification has been subsequently removed by with the Election Officer of his new residence for
a declaration of a proper authority that such person the transfer of his registration records.
is no longer insane or incompetent; 2) The application for transfer of registration shall
(d) Any person who did not vote in the two (2) be subject to the requirements of notice and
successive preceding regular elections as shown hearing and the approval of the Election
by their voting records. For this purpose, regular Registration Board, in accordance with this Act.
elections do not include the Sangguniang 3) Upon approval of the application for transfer, and
Kabataan (SK) elections; after notice of such approval to the Election Officer
(e) Any person whose registration has been of the former residence of the voter, said Election
ordered excluded by the Court; and Officer shall transmit by registered mail the voter’s
(f) Any person who has lost his Filipino citizenship; registration record to the Election Officer of the
[Sec. 27, RA 8189] voter’s new residence. [Sec. 12, RA 8189]
(g) Voters who fail to submit for [Biometrics] 4) Any person who temporarily resides in another
validation on or before the last day of filing of city, municipality or country solely by reason of his
application for registration shall be deactivated occupation, profession, employment in private or
pursuant to the Biometrics Registration Act (RA public service, educational activities, work in the
10367) [Sec 7, RA 10367]. military or naval reservations within the Philippines,
service in the Armed Forces of the Philippines, the
Grounds for Deactivation: (IDI-2LE) National Police Forces, or confinement or
1. Convicted by final judgment to suffer detention in government institutions in accordance
Imprisonment of not less than 1 year; with law, shall not be deemed to have lost his
2. Disloyalty; original residence. [Sec. 9, RA 8189]
3. Insanity;
4. Loss of citizenship; Post-Approval Remedies: (AEI)
5. Failed to vote for 2 successive preceding Petition for Inclusion, Annulment of Book of Voters,
regular elections; and Petition for Exclusion
6. Registration was ordered Excluded by the (Omnibus Election Code, § 139, 142, 145.)
court; and
7. Failure to submit biometrics validation Annulment of book of voters — A voter, election
officer, or duly registered political party may file a
Reactivation of Voter Registration (STERN): verified petition for the annulment of a book of
1. Voter whose registration has been deactivated voters with the COMELEC. Last day for filing is
may file with the Election Officer a Sworn
within 90 days before an election. (Omnibus
application for reactivation of his registration in
the form of an affidavit stating that the grounds Election Code, § 145.)
for the deactivation no longer exist;
2. Any time but not later than 120 days before a Grounds for Annulment of Book of Voters (S2N-
regular election and 90 days before a special F3I2B):
election; 1. Not prepared in accordance with law
3. Election officer shall submit said application to 2. Prepared through:
the ERB for appropriate action; • Fraud
4. In case the application is approved, the Election • Forgery
officer shall retrieve the registration record • Force
from the inactive file and include the same in • Intimidation
the corresponding precinct book of voters; • Impersonation
5. Local heads or representatives of political • Bribery
parties shall be properly notified on approved • Similar irregularity
applications. (R.A. No. 8189, § 28.) • Contains data that are Statistically
improbable (R.A. No. 8189, § 39.)
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3. INCLUSION AND EXCLUSION who is abroad on the day of elections. [Sec. 3(j),
PROCEEDINGS RA 9189 as amended by RA 10590]

Jurisdiction Over All Cases of Inclusion and Overseas Voting refers to the process by which
Exclusion of Voters qualified citizens of the Philippines abroad exercise
1) The Municipal and Metropolitan Trial Courts their right to vote. [Sec. 3(k), RA 9189 as amended
shall have original and exclusive jurisdiction over
by RA 10590]
all cases of inclusion and exclusion of voters in
their respective cities or municipalities.
Qualifications
2) Decisions of the Municipal or Metropolitan Trial
All citizens of the Philippines abroad, who are not
Courts may be appealed by the aggrieved party to
the Regional Trial Court within five (5) days from otherwise disqualified by law, at least eighteen (18)
receipt of notice thereof. Otherwise, said decision years of age on the day of elections, may vote for
shall become final and executory. President, Vice-President, Senators and Party-List
3) The regional trial court shall decide the appeal Representatives, as well as in all national
within ten (10) days from the time it is received, and referenda and plebiscites. [Sec. 4, RA 9189 as
the decision shall immediately become final and
amended by RA 10590]
executory. No motion for reconsideration shall be
entertained. [Sec. 33, RA 8189]
Disqualifications
The following shall be disqualified from registering
INCLUSION CASES EXCLUSION CASES and voting under this Act:

May be filed any time, May be filed any time, (a) Those who have lost their Filipino citizenship in
except 105 days except 100 days accordance with Philippine laws;
before regular before regular (b) Those who have expressly renounced their
elections or 75 days elections or 65 days Philippine citizenship and who have pledged
before special before special allegiance to a foreign country, except those who
elections elections have reacquired or retained their Philippine
citizenship under Republic Act No. 9225, otherwise
Grounds: Grounds: known as the ‘Citizenship Retention and
Reacquisition Act of 2003’;
1. Application for Not qualified or (c) Those who have committed and are convicted
registration has been possessing in a final judgment by a Philippine court or tribunal
disapproved by the disqualification of an offense punishable by imprisonment of not
board less than one (1) year, such disability not having
Flying voters been removed by plenary pardon or
2. Name has been amnesty: Provided, however, That any person
stricken out Ghost voters disqualified to vote under this subsection shall
automatically acquire the right to vote upon the
expiration of five (5) years after service of
sentence; and
Requires a sworn (d) Any citizen of the Philippines abroad previously
petition declared insane or incompetent by competent
authority in the Philippines or abroad, as verified by
the Philippine embassies, consulates or foreign
4. OVERSEAS AND LOCAL ABSENTEE service establishments concerned, unless such
VOTING competent authority subsequently certifies that
such person is no longer insane or incompetent.
Overseas Voter refers to a citizen of the
[Sec. 5, RA 9189 as amended by RA 10590]
Philippines who is qualified to register and vote
under this Act, not otherwise disqualified by law,
NOTE: Under RA 10590, an overseas voter is no
longer required to execute an affidavit of intent to

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resume actual physical permanent residence in the Provided, That he/she is a duly registered voter.
Philippines that was previously required by RA [Sec. 1, EO 157 s.1987]
9189.
Act v. Effect 3) Members of the Media. The Commission on
Elections shall extend the right to vote under the
ACT EFFECT local absentee voting system provided under
existing laws and executive orders to members of
Failure to undertake Removal of name media, media practitioners, including the technical
affidavit from the list and and support staff, who are duly registered voters
permanent and who, on election day, may not be able to vote
disqualification due to the performance of their functions in
covering and reporting on the
Failure to undertake Imprisonment of not elections: Provided, That they shall be allowed to
affidavit yet voted less than 1 year vote only for the positions of President, Vice
President, Senators and Party-List Representative.
Failure to resume Removal of name
[Sec. 2, RA 10380]
residency from list
4) Overseas Voter. All citizens of the Philippines
Failure to resume Imprisonment of not
abroad, who are not otherwise disqualified by law,
residency yet voted less than 1 year
at least eighteen (18) years of age on the day of
elections, may vote for President, Vice-President,
A former natural-born Filipino citizen who has Senators and Party-List Representatives, as well
reacquired Filipino citizenship under the Dual as in all national referenda and plebiscites. [Sec. 4,
Citizenship law may vote even without the required RA 9189 as amended by Sec. 3, RA 10590]
(six months) residence, provided the person files
the affidavit as required in the Absentee Voting 5) Detainee Voter. Detainee voting (either through
Law. (Lewis v. COMELEC, G.R. No. 162759, Aug. the special polling place inside jails or escorted
4, 2006). voting) may be availed of by any registered
detainee whose registration record is not
POLLING PLACE: WHERE TO VOTE
transferred / deactivated / cancelled / deleted.

GENERAL RULE: Voter must vote at the polling

Vote in Absentia
place where registered.
Every qualified Filipino citizen abroad previously
registered as a voter may file with an embassy,
EXCEPTIONS: consulate or other foreign service establishment an
1) Board of Election Inspectors. Members of the application to vote in absentia. (R.A. No. 9189, §
board of election inspectors and their substitutes 11.1)
may vote in the polling place where they are
assigned on election day: Provided, That they are The application may be filed personally or by mail
registered voters within the province, city or (R.A. No. 9189, § 11.2).
municipality where they are assigned: and
The application shall be transmitted to COMELEC
Provided, finally, That their voting in the polling
(R.A. No. 9189, § 11.1)
places where they are not registered voters be
A. COMELEC shall act on the application not
noted in the minutes of the board of election later than 150 days before election day.
inspectors. [Sec. 169, OEC] B. In case of disapproval of the application, the
voter or his authorized representative may file
2) Government Employees and Officials. Any a motion for reconsideration personally or by
person who by reason of public functions and registered mail within 10 days from receipt of
duties, is not in his/her place of registration on notice.
election day, may vote in the city/municipality C. The decision of COMELEC is final. (R.A. No.
where he/she is assigned on election day: 9189, § 12.)

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the COMELEC from enforcing COMELEC

Resolution No. 9371 on the local level. This means
that detainee voters may only vote for the national
DETAINEE VOTING positions.
Detainee
Any person: Pursuant to this, the COMELEC issued COMELEC
1. Confined in jail, Resolution No. 10112, amending Resolution No.
a. formally charged for any crime/s and 10057. This provides that:
b. awaiting/undergoing trial; or
2. Serving a sentence of imprisonment for less The Board of Election Inspector (BEI) shall instruct
than one (1) year; or the DV, in clear terms, that pursuant to the TRO,
3. Whose conviction of a crime involving he or she can only vote for national candidates
disloyalty to the duly constituted government namely, candidates for Pres., VP, Senators and
such as rebellion, sedition, violation of the Party-lists.
firearms laws or any crime against national
security or for any other crime is on appeal All ballots that contain votes for local positions shall
[Sec. 2(a), COMELEC Resolution No. 9371 be separated and transmitted to COMELEC Manila
s.2012] in a sealed envelope. The votes appearing in said
ballots for national positions, if any, shall be
Escorted Voting counted.
This is a voting mechanism for
1. Detainee voters who are residents/ registered A Special Board of Election Inspectors for counting
voters of municipalities/cities other than the shall be established for the purpose.
town/city of incarceration; and/or for
2. Detainee voters in jail facilities where no Election Automation Law
special polling places are established. [Sec. (R.A. No. 8436 as amended by R.A. No. 9369)
2(a), COMELEC Resolution No. 9371
s.2012] THE AUTOMATED ELECTION SYSTEM (AES)
A system using appropriate technology which has
NOTE: The pertinent provisions of COMELEC been demonstrated in the voting, counting,
Resolution No. 9149, promulgated on February 22, consolidating, canvassing, and transmission of
2011 and other Resolutions as far as the
election results, and other electoral processes.
registration period, qualifications and
disqualifications of applicants for registration, the (R.A. No. 9369, § 2.)
procedures for filing, processing and hearing of
applications, and notices and publication The Automated Election System involves voting,
requirements are adopted. (COMELEC Resolution counting, consolidating, canvassing, and
No. 9371) transmission but not proclamation. (R.A. No. 9369)

Reckoning Period of Age and Residence Electronic Transmission v. Electronic Returns

Detainees. Those who shall be eighteen years of
ELECTRONIC ELECTRONIC
age on the day of election and/or are committed
TRANMISSION RETURNS
inside the detention centers for at least six (6)
months immediately preceding the election day Conveying data in A document in
may be registered as a voter. (COMELEC electronic form from electronic and printed
Resolution No. 9371) one location to another
form directly produced
Detainees who are already registered voters may by counting or voting
apply for transfer of registration records as machine, showing the:
warranted by the circumstances.
• Date of election
Detainee Voting for National Positions Only • The province,
In the case of Aguinaldo v. New Bilibid Prison, G.R. municipality and
No. 221201, April 19, 2016, the Supreme Court the precinct in
issued a Temporary Restraining Order enjoining which it is held
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• Votes in figures Any difference between the automated and manual

for each count will result in the determination of root cause
candidate in a and initiate a manual count for those precincts
precinct where affected by the computer or procedural error. (R.A.
AES is utilized No. 9369, § 29.)

Paper-Based Election System v. Direct Record The COMELEC may conduct automated election
Election System even if there is no pilot testing. (Information
DIRECT RECORD Technology Foundation of the Philippines v.
PAPER-BASED
ELECTRONIC COMELEC, G.R. No. 159139, Jan. 13, 2004.)
ELECTION SYSTEM
ELECTION SYSTEM
A type of automated A type of automated The Voter Verification Paper Audit Trail (VVPAT)
election system that functionality is in the form of a printed receipt and
uses paper ballots, election system that a touch screen reflecting the votes in the vote-
records and counts uses electronic ballots counting machine. (Bagumbayan-VNP Movement,
votes, tabulates, records votes by Inc. v. COMELEC, G.R. No. 222731, Mar. 8, 2016.)
consolidates/canvasse
means of a ballot
s and transmits The VVPAT ensures that the candidates selected
electronically the display provided with
mechanical or electro- by the voter in his or her ballot are the candidates
results of the vote count
optical components voted upon and recorded by the vote-counting
that can be activated machine. (Bagumbayan-VNP Movement, Inc. v.
by the voter, COMELEC, G.R. No. 222731, Mar. 8, 2016.)
processes data by
The voter himself or herself verifies the accuracy of
means of a computer
the vote. In instances of Random Manual Audit and
program, records
election protests, the VVPAT becomes the best
voting data and ballot
source of raw data for votes. (Bagumbayan-VNP
images, and transmits
Movement, Inc. v. COMELEC, G.R. No. 222731,
voting results
Mar. 8, 2016.)
electronically
D. CANDIDATES

1. DEFINITION
The Commission on Elections may use either a
paper-based or a direct recording electronic The term "candidate" refers to any person aspiring
election system as it may deem appropriate and for or seeking an elective public office, who has
practical for the process of voting, counting of votes filed a certificate of candidacy by himself or through
and canvassing/consolidation and transmittal of an accredited political party, aggroupment, or
results of electoral exercises. (R.A. No. 9369, § 6.) coalition of parties. [Sec. 79(a), OEC]

Source Code For this purpose, the Commission shall set the
deadline for the filing of certificate of
Human readable instruction that defines what the candidacy/petition of registration/manifestation to
participate in the election. Any person who files
computer equipment will do. (R.A. No. 9369, § 2.)
his certificate of candidacy within this period
shall only be considered as a candidate at the
Random Manual Audit
start of the campaign period for which he filed
his certificate of candidacy: Provided, That,
Where the AES is used, there shall be a random
unlawful acts or omissions applicable to a
manual audit in one precinct per congressional candidate shall take effect only upon the start of the
district randomly chosen by the Commission in aforesaid campaign period: Provided, finally, That
each province and city. (R.A. No. 9369, § 24.) any person holding a public appointive office or
position, including active members of the armed
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forces, and officers and employees in government- he/ she, no matter where he/she may be found
owned or controlled corporations, shall be at any given time, eventually intends to return
considered ipso facto resigned from his/her office and remain (Japson v. COMELEC, G.R. No.
and must vacate the same at the start of the day of 180088, Jan. 19, 2009.)
the filing of his/her certificate of candidacy. [Sec.
13, RA 9369 amending Sec. 11 (and renumbered 2. Registered Voter
it to Sec. 15), RA 8436]
3. Citizenship
The term "candidate" refers to any person seeking
an elective public office, who has filed his certificate • For national elective positions, the candidate
of candidacy, and who has not died, withdrawn his must be a natural - born citizen. For local
certificate of candidacy, had his certificate of elective positions, the candidate may be
candidacy denied due course or cancelled, or has naturalized citizen.
been otherwise disqualified before the start of the • Natural - born citizens of the Philippines who
campaign period for which he filed his certificate of have lost their Philippine citizenship by reason
candidacy. Provided, that, unlawful acts or of their naturalization as citizens of a foreign
omissions applicable to a candidate shall take country can seek elective office provided
effect only upon the start of the aforesaid campaign they acquire Philippine citizenship by taking
period. It also refers to any registered national, the oath of allegiance to the Republic
regional, or sectoral party, organization or prescribed under the Citizenship Retention
coalition thereof that has filed a manifestation and Re - acquisition Act of 2003, and make a
of intent to participate under the party-list personal and sworn renunciation of any and
system, which has not withdrawn the said all foreign citizenship before any public officer
manifestation, or which has not been authorized to administer an oath.
disqualified before the start of the campaign • Use of Foreign Passport: The use of a
period. [Sec. 1(2), COMELEC Resolution No. foreign passport amounts to repudiation or
9615 s. 2013] recantation of the oath of renunciation.
Matters dealing with qualifications for public
There is no constitutional right to run for or hold elective office must be strictly complied with. A
public office. What is recognized is merely a candidate cannot simply be allowed to correct
privilege subject to limitations imposed by law. the deficiency in his qualification by submitting
another oath of renunciation. (Arnado v.
The right to run for public office is not inextricably COMELEC, G.R. No. 210164, Aug. 18, 2015.)
intertwined with the rights of expression and • Dual Citizens: Dual citizens are disqualified
association. One’s interest in seeking office, by from running for any elective local position.
itself, is not entitled to constitutional protection. They cannot successfully run and assume
One cannot bring one’s action under the rubric of office because their ineligibility is inherent in
freedom of association, absent any allegation that, them, existing prior to the filing of their
by running for an elective position, one is certificates of candidacy. Their certificates of
advancing the political ideas of a particular set of candidacy are void ab initio, and votes cast for
voters. [Quinto v. COMELEC, G.R. No. 189698, them will be disregarded. Consequently,
Dec. 1, 2009] whoever garners the next highest number of
votes among the eligible candidates is the
2. QUALIFICATIONS OF CANDIDATES
person legally entitled to the position (Arlene
Llena Empaynado v . COMELEC, G.R. No.
Qualifications
216607, Apr. 5, 2016.)
The 1987 Philippine Constitution prescribes the
qualifications (i.e., age, citizenship, residency,
• Foundlings: As a matter of law, foundlings
are as a class, natural-born citizens (Poe-
voter registration and literacy) for the following
Llamanzares v. COMELEC, G.R. No. 221697,
positions: President, Vice-President, Senators and
Mar. 8, 2016). When the names of the parents
Representatives (District and Party - List) while
of a foundling cannot be discovered despite a
statutes set the qualifications of local officials:
diligent search, but sufficient evidence is
presented to sustain a reasonable inference
1. Residence — to be understood as domicile that
that satisfies the quantum of proof required to
is, the place where a party actually or
conclude that at least one or both of his or her
constructively has his permanent home, where
parents is Filipino, then this should be
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sufficient to establish that he or she is a - Offense for which he was sentenced to

natural-born citizen. (David v. Senate penalty of more than 18 months
Electoral Tribunal, G.R. No. 221538, Sep. 20, - Crime involving moral turpitude
2016.) (Omnibus Election Code, § 12.)
Note: Congress may not add to the qualifications
A permanent resident to or immigrant to
for elective officials provided in the Constitution.
However, they may do so for elective officials not foreign country unless he waives such status.
provided in the Constitution. [Pimentel, Jr. v. (Omnibus Election Code, § 68.)
COMELEC, G.R. No. 161658, Nov. 3, 2008] Revised Administrative Code - Municipal
Office
Disqualifications Ecclesiastics (Pamil v. Teleron, G.R. No. L-
Constitution 34854 Nov. 20, 1978.)
Three - term limit for local elective officials
(PHIL CONST., art. X, § 8.) Persons receiving compensation from
term limit rule is not a ground for a petition for provincial or municipal funds
disqualification, however, it is an ineligibility
which is a proper ground for a petition to deny Contractors for public works of the
due course to or to cancel a Certificate of municipality. (Revised Administrative Code, §
Candidacy under Section 78 of the OEC. 2175.)
(Albania v. COMELEC, G.R. No. 226792, Jun. Local Government Code
7, 2017.) Those sentenced by final judgment for an
offense involving moral turpitude or an offense
Two conditions must concur for the application punishable by imprisonment for at least one
of the disqualification of a candidate based on year, within 2 years after service of sentence.
violation of the three - term limit rule, which are:
(1) that the official concerned has been elected Those removed from office as a result of an
for three consecutive terms in the same local administrative case.
government post, and (2) that he has fully
served three consecutive terms. (Albania v. Those convicted by final judgment for violating
COMELEC, G.R. No. 226792, Jun. 7, 2017.) his oath of allegiance to the Republic.

When it was only upon the favorable decision Those with dual citizenship.
on his petition for correction of manifest error
that a candidate was proclaimed as the duly- Fugitives from justice in criminal or non-
elected official, he is deemed not to have political cases.
served office for the full term of three years to
which he was supposedly entitled, since he Permanent residents in foreign country or
only assumed the post and served the those who have the right to reside abroad and
unexpired term of his opponent. (Albania v. continue to avail of it (Caasi v. Court of
COMELEC, G.R. No. 226792, Jun. 7, 2017.) Appeals, G.R. No. 88831, Nov. 8, 1990.).

NOTE: See “3-Term Limit” Discussion under The insane or feeble - minded (Local
the section on Public Corporations and Local Government Code, § 40).
Government.
Omnibus Election Code
Any person declared by competent authority Holdover Principle - The term of all local officials
insane or incompetent is 3 years, but Section 3 of R.A. 11462 authorizes
that all incumbent barangay and sangguniang
Any person sentenced by final judgment for kabataan officials shall remain in office, unless
any of the following offenses: sooner removed or suspended for cause until their
- Insurrection, or rebellion successors are elected, Provided, That barangay
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and sangguniang kabataan officials who are ex No person shall be eligible for more than one office.
officio members of the sangguniang bayan, If he files more than 1 position, he shall not be
sangguniang panlungsod, or sangguniang eligible for all unless he cancels all and retains one.
(Omnibus Election Code, § 73.)
panlalawigan, as the case may be, shall continue
to serve as such members in the sanggunian Effect of Filing COC
concerned until the next barangay and Any person who files his certificate of candidacy
sangguniang kabataan elections. (Postponing the within this period shall only be considered as a
May 2020 Barangay and Sangguniang Kabataan candidate at the start of the campaign period for
Elections, Amending for the Purpose Republic Act which he filed his certificate of candidacy:
No. 9164, as amended, Republic Act No. 11462, Provided, That, unlawful acts or omissions
[December 3, 2019]) applicable to a candidate shall take effect only
upon the start of the aforesaid campaign period:
3. FILING OF CERTIFICATES OF Provided, finally, That any person holding a public
CANDIDACY (COC) appointive office or position, including active
members of the armed forces, and officers and
Certificate of Candidacy employees in government-owned or -controlled
corporations, shall be considered ipso facto
A statement of a person seeking to run for a public
office certifying that he announces his candidacy resigned from his/her office and must vacate the
for the office, the name of the political party to same at the start of the day of the filing of his/her
which he belongs if he belongs to any, and his post certificate of candidacy. [Sec. 13, RA 9369
office address for all election purposes being amending Sec. 11 (and renumbering it to Sec. 15),
stated. (Sinaca v. Mula, G.R. No. 135691, Sep. 27, RA 8436]
1999.)
On Public APPOINTIVE Officials. Any person
No person shall be elected into public office unless holding a public appointive office or position,
he files his COC within the prescribed period. including active members of the armed forces, and
(Omnibus Election Code, §. 68) officers and employees in government-owned or -
controlled corporations are considered ipso facto
The COC shall be filed by the candidate personally resigned from his/her office and must vacate the
or by his duly authorized representative. No COC same at the start of the day of the filing of his/her
certificate of candidacy. Said appointed officials
shall be accepted if filed by mail telegram or
would have unfair advantage over their rivals
facsimile. because they might use their office resources for
their campaign. [Quinto v. COMELEC, G.R. No.
Upon filing, an individual becomes a candidate. 189698, Dec. 1, 2009]
Thus, he is already covered by rules, restrictions
and processes involving candidates. On Public Elective Officials. Elective officials
continue to hold office, whether they run for the
The receiving officers shall have the ministerial
duty to receive and acknowledge receipt of the same or different position. [Fariñas v. Executive
COC. Secretary, GR No. 147387, December 10, 2003]

There is no law or case law stating that a COC will Unlawful Acts as Candidates Take Effect
be cancelled even if it failed to specify the position Only Upon Start of the Campaign Period. It is
sought if the information omitted is supplied in the a basic principle of law that any act is lawful
certificate of nomination and amended COC. Only unless expressly declared unlawful by law. This
those enumerated in Section 74 of the Omnibus is especially true to expression or speech, which
Election Code such as material misrepresentation Congress cannot outlaw except on very narrow
can be a ground for cancellation. (Engle v. grounds involving clear, present and imminent
Commision on Elections, G.R. No. 215995, Jan. danger to the State. The mere fact that the law
19, 2016) does not declare an act unlawful ipso facto
means that the act is lawful. Thus, there is no
Prohibition against multiple candidacies need for Congress to declare in Section 15 of RA
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8436, as amended by RA 9369, that political political party

partisan activities before the start of the 5. Nominated by a registered political party but
campaign period are lawful. It is sufficient for such was not submitted to the COMELEC or
Congress to state that "any unlawful act or where such nomination was submitted after
omission applicable to a candidate shall take the last day of filing of the certificate of
effect only upon the start of the campaign candidacy
period." The only inescapable and logical result 6. Nominated by a party that nominated in
is that the same acts, if done before the start of excess of the number of persons to be voted
for an election position
the campaign period, are lawful. In layman’s
7. Accepted nominations from more than one
language, this means that a candidate is liable
registered political party
for an election offense only for acts done during
the campaign period, not before. The law is clear
Substitution of candidates Grounds for
as daylight — any election offense that may be
Substitution: (DWD)
committed by a candidate under any election law
1. Death
cannot be committed before the start of the
2. Withdrawal
campaign period. (Peñera vs. COMELEC, G.R.
3. Disqualification (Omnibus Election Code, §
No. 181613, Nov. 25, 2009)
77.)
Who is a candidate? Substitution is not allowed when the original
A “candidate” refers to any person aspiring for or candidate was disqualified based on:
seeking an elective public office, who has filed a • Ground of material misrepresentation (Fermin
certificate of candidacy by himself (herself) or v. COMELEC G.R. No. 179695, Dec 18, 2008.)
through an accredited political party, aggroupment, • When the certificate was cancelled because he
or coalition of parties. (Omnibus Election Code, § was running for the fourth consecutive term
79[a].) (Miranda v. Abaya, G.R. No. 136351, Jul. 28,
1999)
A candidate is “any person who files his certificate
• Failure to meet one-year residency
of candidacy within this period shall only be requirement (Tagolino v. HRET, G.R. No.
considered as a candidate at the start of the 202202, Mar. 19, 2013)
campaign period for which he filed his certificate of
candidacy.” Thus, under the law, a person only Note: In the case of Tagolino v. HRET (G.R. No.
becomes a candidate when he/ she has filed a 202202, Mar. 19, 2013), the COMELEC first ruled
certificate of candidacy and when the campaign that substitution is allowed because it held that a
period has commenced. One is not a candidate, candidate’s failure to meet the qualifications is a
despite having filed a certificate of candidacy, ground for disqualification. This was adopted by
before the start of the campaign period. The law the HRET. However, the Supreme Court ruled that
added, “unlawful acts or omissions applicable to a it is actually a cancellation of the certificate of
candidate shall take effect only upon the start of the candidacy. Thus, no substitution is allowed.
aforesaid campaign period.” (R.A. No. 9369 §15)
General Rule: No substitution is allowed for an
If the certificate of candidacy is void ab initio, the independent candidate. Only candidates who are
candidate is not considered a candidate from the members of and are nominated by a party can be
very beginning even if his certificate of candidacy substituted.
was cancelled after the elections. (H. Sohria
Pasagi Diambrang v. COMELEC, G.R. No. Exception: A candidate for a barangay elective
201809, Oct 11, 2016.)
office notwithstanding the policy that barangay
Independent Candidates: elections are non- partisan can be substituted by
1. Not a member of a registered political party his/her spouse. (Rulloda v. COMELEC, G.R. No.
2. Member of an unregistered political party 154198, Jan. 20, 2003.)
3. Member of a registered political party but not
officially nominated as candidate by said Rules on Substitution:
party 1. Any candidate may withdraw his candidacy
4. Nominated by a person who is not the duly any time before election day.
authorized representative of a registered 2. A person without a valid certificate of candidacy
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cannot be considered a candidate and 6. Political party affiliation and support

therefore cannot be substituted. 7. Popularity
3. Substitute candidate may file his certificate of 8. Properties
candidacy no later than mid-day of election 9. Political exposure
day. 10. Intention to run for office
4. No person who has withdrawn his candidacy 11. Profession
for a position shall be eligible as a substitute 12. Educational attainment
candidate for any other position. 13. Similarity in name causes confusion
5. The substitute candidate must be qualified to 14. Income
hold office and must be a member of and 15. Qualifications and disqualifications
nominated by the same political party.
6. A public office is personal to the public officer COMELEC cannot motu proprio deny due course
and not a property transmissible to the heirs to or cancel an alleged nuisance candidate’s
upon death. The Court has allowed certificate of candidacy without providing the
substitution and intervention but only by a real
candidate his opportunity to be heard. (Timbol vs.
party in interest. The Protestant’s widow is not
a real party in interest to the election protest. COMELEC, G.R. No. 206004, Feb. 24, 2015.)
7. The filing of the withdrawal shall not affect the
civil, criminal or administrative liabilities the Petition to deny or cancel certificates of
substituted candidate may have already candidacy Who can file: Any Party
incurred. How: Petition to deny due course or Cancel
8. A candidate who is disqualified under Section certificate of candidacy under oath
68 of the Omnibus Election Code can be When: Any time not later than 25 days from filing
validly substituted pursuant to Section 77 of certificate of candidacy
because he remains a candidate until Where: COMELEC must decide the case not later
disqualified; but a person whose certificate of than 15 days before election (period is not
candidacy has been denied due course to mandatory however)
and/or cancelled under Section 78 cannot be
substituted because he is not considered a Exclusive Ground: material misrepresentation
candidate. (Tagolino v. HRET, G.R. No. (FMD)
202202, Mar. 19, 2013.) 1. Must be False.
2. Must be Material (goes into the qualifications).
Ministerial duty of COMELEC to receive 3. Must be Deliberate and there is an intention to
Certificate of Candidacy defraud the electorate.
It is the ministerial duty of COMELEC and its
officers to receive a certificate of candidacy. The COMELEC must determine whether or not the
(Omnibus Election Code, § 76.) While the candidate deliberately attempted to mislead,
COMELEC may look into patent defects in the misinform or hide a fact about his or her residency
Certificate of Candidacy, it may not go into matters that would otherwise render him or her ineligible for
not appearing on their face. The question of the position sought. The COMELEC gravely
eligibility or ineligibility of a candidate is thus abused its discretion in this case when, in
beyond the usual and proper cognizance of the considering the residency issue, it based its
COMELEC (Cerafica v. COMELEC, G.R. No. decision solely on very personal and subjective
205136, Dec. 2, 2014.) assessment standards, such as the nature or
design and furnishings of the dwelling place in
Nuisance candidates relation to the stature of the candidate. (Mitra v.
One who has no bona fide intention to run for the COMELEC, G.R. No. 191938, Jul. 19, 2010.)
office and would thus prevent a faithful
determination of the true will of the people. Misrepresentation of nickname is not a material
misrepresentation because the use of nickname is
Factors to Consider: (CROP5-PIPES-IQ) not a qualification of public office. The proper
1. Capability to wage nationwide campaign recourse is to file an election protest and pray that
2. Running under a slate votes be declared as stray votes (Villafuerte v.
3. Organization and machinery COMELEC, G.R. No. 206698, Feb. 25, 2014).
4. Performance in previous elections
5. Platform of government Material representation contemplated by Section
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78 refers to qualifications for elective office, such if the entries in the CoC as filled up by the
as the requisite residency, age, citizenship or any candidate will show that he is not.
other legal qualification necessary to run for a local • When the candidate, supported by a
elective office as provided for in the Local preponderance of evidence, believed that he
Government Code. Furthermore, aside from the was qualified since there was no intention to
requirement of materiality, the misrepresentation deceive the electorate as to one’s
must consist of a deliberate attempt to mislead, qualifications for public office.
misinform, or hide a fact, which would otherwise (Omnibus Election Code, § 78.)
render a candidate ineligible (Caballero v.
COMELEC, G.R. No. 209835, Sep. 22, 2015.) Effects of Disqualification
Any candidate who has been declared by final
If a candidate cannot be disqualified without a prior judgment to be disqualified shall not be voted for.
finding that she or he is suffering from a
disqualification “provided by law or the One who is disqualified under Section 68 is still
Constitution,” neither can the certificate of technically considered to have been a candidate,
candidacy be cancelled or denied due course on albeit proscribed to continue as such only because
grounds of false misrepresentation regarding his of supervening infractions which do not, however,
or her qualification, without a prior authoritative deny his or her statutory eligibility (Tagolino v.
finding that he or she is not qualified. (Poe- HRET, G.R. No. 202202, Mar. 19, 2013).
Llamanzares v. COMELEC, G.R. No. 221697,
Mar. 8, 2016.) When a person who is not qualified is voted for and
eventually garners the highest number of votes,
The COMELEC cannot, in the same cancellation even the will of the electorate expressed through
case based on the ground of false material the ballot cannot cure the defect in the
representation, decide the qualification or lack qualifications of the candidate. To rule otherwise is
thereof of the candidate. (Poe-Llamanzares v. to trample upon and rent asunder the very law that
COMELEC, G.R. No. 221697, Mar. 8, 2016.) sets forth the qualifications and disqualifications of
candidates. When there are participants who turn
A CoC may be cancelled on the ground that the out to be ineligible, their victory is voided and the
“candidate” misrepresented his eligibility in his laurel is awarded to the next in rank who does not
CoC because he knew that he had been convicted possess any of the disqualifications nor lacks any
by final judgment for libel, a crime involving moral of the qualifications set in the rules to be eligible as
turpitude regardless of the fact that he was merely candidates. Knowledge by the electorate of a
the publisher of the libelous articles, and that his candidate’s disqualification is not necessary before
penalty was merely a fine. (Ty-Delgado v. HRET, a qualified candidate who placed second to a
G.R. No. 219603, Jan. 26, 2016) disqualified one can be proclaimed as the winner
(Maquiling v. Commission on Elections, G.R. No.
If the certificate of candidacy is void ab initio, the 195649, Apr. 16, 2013).
candidate is not considered a candidate from the
very beginning even if his certificate of candidacy A person whose COC was cancelled due to
was cancelled after the elections. (H. Sohria ineligibility for failure to prove Filipino citizenship
Pasagi Diambrang vs. COMELEC, G.R. No. and the one-year residence requirement could not
201809, Oct. 11, 2016). have been a valid candidate, and could not have
been validly proclaimed. Thus, she could not have
The summary nature of proceedings under Section validly assumed her position. (Velasco v.
Belmonte, G.R. No. 211140, Jan. 12, 2016)
78 only allows it to rule on patent material
misrepresentations of facts, not to make
The purpose of a disqualification proceeding is to
conclusions of law that are even contrary to
jurisprudence. (Dano vs. COMELEC, G.R. No. prevent the candidate from running or, if elected,
210200, Sep. 13, 2016). from serving, or to prosecute him for violation of the
election laws. A petition to disqualify a candidate
may be filed pursuant to Section 68 of the Omnibus
No False and Material Misrepresentation:
Election Code. Offenses that are punished in laws
• When a candidate uses the name of her long- other than in the Omnibus Election Code cannot be
time live-in partner or states a false profession. a ground for a Section 68 petition. (Ejercito v.
• When the candidate is actually qualified even COMELEC, G.R. No. 212398, Nov. 25, 2014).
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to lack of qualification, such as residence. A

Effect of Re-Election on Administrative Liability petition for disqualification refers to
The concept of public office is a public trust and the commission of prohibited acts and possession
corollary requirement of accountability to the of permanent resident status in a foreign
people at all times, as mandated under the 1987 country.
Constitution, is plainly inconsistent with the idea b. A candidate whose certificate of candidacy
that an elective local official’s administrative liability was cancelled is not treated as a candidate. A
for a misconduct committed during a prior term can candidate who is disqualified cannot continue
be wiped off by the fact that he was elected to a as a candidate.
second term of office, or even another elective c. A candidate whose certificate of candidacy
post. Election is not a mode of condoning an was cancelled could be substituted. A
administrative offense, and there is simply no candidate who is disqualified cannot be
constitutional or statutory basis in our jurisdiction to substituted.
support the notion that an official elected for a d. A petition to deny due course or to cancel a
different term is fully absolved of any administrative certificate of candidacy must be filed within 25
liability arising from an offense done during a prior days from the time of filing of the COC, as
term. (Carpio-Morales v. Binay, G.R. No. 217126- provided under Section 78 of the OEC (Albania
27, Nov. 10, 2015.) v. COMELEC, G.R. No. 226792, 7 Jun. 7,
2017.)
The COMELEC may suspend the proclamation of e. A petition for disqualification of a nuisance
a candidate who gets the majority votes, if he has candidate should be filed within 5 days from
been disqualified before the election but the the last day for filing certificate of candidacy
decision has not yet become final. He will not be (Fermin v. COMELEC, G.R. No. 179695, Dec.
proclaimed except where the judgment of 18, 2008.)
disqualification is finally reversed.
Rules on Lone Candidate in a Special Election
Exception to non-proclamation of candidate 1) PROCLAMATION OF LONE CANDIDATE.
with 2nd highest number of votes: Upon the expiration of the deadline for the filing of
the certificates of candidacy in a special election
1. The one who obtained the highest number of
called to fill a vacancy in an elective position other
votes is disqualified; and
than for President and Vice President, when there
2. The electorate is fully aware in fact and in law
is only one (1) qualified candidate for such position,
of a candidate’s disqualification so as to bring
the lone candidate shall be proclaimed elected to
such awareness within the realm of notoriety
the position by proper proclaiming body of the
but would nonetheless cast their votes in favor
Commission on Elections without holding the
of the ineligible candidate (Grego v.
special election upon certification by the
COMELEC, G.R. No. 125955, June 19, 1997.)
Commission on Elections that he is the only
candidate for the office and is thereby deemed
Withdrawal of Candidates
elected. [Sec. 2, RA 8295]
Nothing in Section 73 of B.P. No. 881 mandates
that the affidavit of withdrawal must be filed with the 2) ASSUMPTION OF OFFICE. In the absence of
same office where the certificate of candidacy to be any lawful ground to deny due course or cancel the
withdrawn was filed. Thus, it can be filed directly certificate of candidacy in order to prevent such
with the main office of the COMELEC, the office of proclamation, as provided for under Sections 69
the regional election director concerned, the office and 78 of Batas Pambansa Bilang 881 also known
of the provincial election supervisor of the province as the Omnibus Election Code of the Philippines,
to which the municipality involved belongs, or the the candidate referred to in the preceding
office of the municipal election officer of the said paragraph shall assume office not earlier than the
municipality (Go v. COMELEC, G.R. No. 147741, scheduled election day. Certificates of candidacy
May 10, 2001). filed in violation hereof shall not be given due
course. For this purpose, the Commission shall
Distinction between Disqualification and decide petitions for disqualifications not later than
Cancellation of COC: election day; otherwise, such petitions shall be
a. A petition for cancellation of a certificate of deemed dismissed. [Sec. 3, RA 8295]
candidacy is not based on lack of qualification
but on false representation, which may relate 3) DISQUALIFICATIONS. In addition to the
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disqualifications mentioned in Sections 12 and 68 and

of the Omnibus Election Code and Section 40 of (5) That right to vote or be elected or appointed to
Republic Act No. 7160, otherwise known as the any public office in the Philippines cannot be
Local Government Code, whenever the evidence exercised by, or extended to, those who:
of guilt is strong, the following persons are (a) are candidates for or are occupying any
disqualified to run in a special election called to fill public office in the country of which they are
the vacancy in an elective office, to wit: naturalized citizens; and/or
a) Any elective official who has resigned from his (b) are in active service as commissioned or
office by accepting an appointive office or for non-commissioned officers in the armed forces
whatever reason which he previously occupied but of the country which they are naturalized
has caused to become vacant due to his citizens. [Sec. 5, RA 9225]
resignation; and
b) Any person who, directly or indirectly, coerces, POLITICAL PARTIES
bribes, threatens, harasses, intimidates or actually
causes, inflicts or produces any violence, injury, Multi-Party System
punishment, torture, damage, loss or disadvantage A free and open party system shall be allowed to
to any person or persons aspiring to become a evolve according to the free choice of the people,
candidate or that of the immediate member of his subject to the provisions of this Article. [Sec. 6,
family, his honor or property that is meant to Art. IX-C, 1987 Constitution]
eliminate all other potential candidate. (NOTE: Per
Sec. 5, RA 8295, this also constitutes as an Political Parties, Organizations, or Coalitions
election offense that shall be prosecuted and 1) No votes cast in favor of a political party,
penalized under Sec. 264 of the OEC.) [Sec. 4, RA organization, or coalition shall be valid, except for
8295] those registered under the party-list system as
provided in this Constitution. [Sec. 7, Art. IX-C,
Rules on Retention and Reacquisition of 1987 Constitution]
Philippine Citizenship and Running for Public 2) Political parties, or organizations or coalitions
Elective Office (RA 9225) registered under the party-list system, shall not be
Those who retain or re-acquire Philippine represented in the voters’ registration boards,
citizenship under this Act shall enjoy full civil and boards of election inspectors, boards of
political rights and be subject to all attendant canvassers, or other similar bodies. However, they
liabilities and responsibilities under existing laws of shall be entitled to appoint poll watchers in
the Philippines and the following conditions: accordance with law. [Sec. 8, Art. IX-C, 1987
(1) Those intending to exercise their right of Constitution]
suffrage must meet the requirements under
Section 1, Article V of the Constitution, Republic Definitions
Act No. 9189, otherwise known as "The Overseas 1) Party. A party means either a political party or a
Absentee Voting Act of 2003" and other existing sectoral party or a coalition of parties. [Sec. 3(b),
laws; RA 7941]
(2) Those seeking elective public office in the
Philippines shall meet the qualification for holding 2) Political Party. A political party refers to an
such public office as required by the Constitution organized group of citizens advocating an ideology
and existing laws and, at the time of the filing of the or platform, principles and policies for the general
certificate of candidacy, make a personal and conduct of government and which, as the most
sworn renunciation of any and all foreign immediate means of securing their adoption,
citizenship before any public officer authorized to regularly nominates and supports certain of its
administer an oath; leaders and members as candidates for public
(3) Those appointed to any public office shall office. [Sec. 3(c), RA 7941]
subscribe and swear to an oath of allegiance to the
Republic of the Philippines and its duly constituted 3) National Party. It is a national party when its
authorities prior to their assumption of office: constituency is spread over the geographical
Provided, That they renounce their oath of territory of at least a majority of the regions. [Sec.
allegiance to the country where they took that oath; 3(d), RA 7941]
(4) Those intending to practice their profession in
the Philippines shall apply with the proper authority 4) Regional Party. It is a regional party when its
for a license or permit to engage in such practice; constituency is spread over the geographical
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territory of at least a majority of the cities and To acquire juridical personality, to qualify for
provinces comprising the region. [Sec. 3(d), RA accreditation, and to be entitled to the rights of
7941] political parties, a political party must be registered
with COMELEC. (Omnibus Election Code, § 20.)
5) Sectoral Party. A sectoral party refers to an
organized group of citizens belonging to any of the
Registration and Accreditation
sectors enumerated in Section 5 hereof whose
principal advocacy pertains to the special interests a. Registration is the act that bestows juridical
and concerns of their sector. [Sec. 3(e), RA 7941] personality for purposes of our election laws;
accreditation , on the other hand, relates to the
privileged participation that our election laws
Sectoral Party - An organized group of citizens
whose principal advocacy pertains to the special grant to qualified registered parties.
interests and concerns of the following sectors: b. Accreditation can only be granted to a
1. Labor registered political party, organization or
2. Fisher folk coalition; stated otherwise, a registration must
first take place before a request for
3. Peasant
4. Urban poor accreditation can be made. Once registration
5. Indigenous has been carried out, accreditation is the next
6. Cultural communities natural step to follow (Magdalo Para sa
7. Youth Pagbabago v. COMELEC, G.R. No. 190793,
8. Women Jun. 12, 2012).
9. Handicapped
10. Elderly
11. Overseas workers COMELEC has the power to:
12. Veterans • Register political parties, organizations, or
13. Professional workers coalitions, and the authority to cancel the same
(R.A. No. 7941) on legal grounds
• En Banc has the authority to direct a hearing
Take note that the list of marginalized sectors is be conducted on the petition for cancellation of
not exclusive. [Ang Bagong Bayani-OFW Labor registration of the party list. However, HRET
Party v. COMELEC, G.R. No. 147589, Jun. 26, has the jurisdiction for contest relating to the
qualifications of nominee or representative.
2001]
(Alliance for Barangay Concerns Party List v.
COMELEC, G.R. No. 193256, Mar. 22, 2011)
6) Sectoral Organization. A sectoral organization
refers to a group of citizens or a coalition of groups
Issue of validity or invalidity of the expulsion
of citizens who share similar physical attributes or
characteristics, employment, interest or concerns. The validity or invalidity of the expulsion of a
[Sec. 3(f), RA 7941] political party’s officers is purely a membership
issue that has to be settled within the party. It is an
7) Coalition. A coalition refers to an aggrupation of internal party matter over which COMELEC has no
duly registered national, regional, sectoral parties jurisdiction. It may intervene in disputes internal to
or organizations for political and/or election a party only when necessary to the discharge of its
purposes. [Sec. 3(g), RA 7941] constitutional functions, such as resolving an intra-
party leadership dispute as an incident of its power
Congress cannot provide for a two-party to register political parties. (Atienza v. COMELEC,
G.R. No. 188920, Feb. 16 2010; Alcantara v.
system because:
COMELEC, G.R. No. 203646, Apr. 16, 2013)
1. This violates the freedom of association as
provided in the Bill of Rights. The following political parties cannot be
2. The Constitution mandates that the Philippine
registered (UFC-R)
party system shall be multi-party, open and
free. Religious sects
Those which seek to achieve their goals through
COMELEC Jurisdiction Over Political Parties Unlawful means
Those which refuse to adhere to the Constitution
Necessity of Registration Those which are supported by any Foreign
government.. (PHIL CONST., art. IX-C, § 2(5).)
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Effect when party fails to obtain at least 10% respective inhabitants, and on the basis of a
votes case in constituency uniform and progressive ratio, and those who, as
Registration will be forfeited when at least 10% of provided by law, shall be elected through a party-
the votes cast in the constituency in which it list system of registered national, regional, and
nominated candidates is not obtained. (Omnibus sectoral parties or organizations.
Election Code, § 60.) (2) The party-list representatives shall constitute
twenty per centum of the total number of
Criteria to Determine Type of Political Party
representatives including those under the party list.
(O2IRA):
For three consecutive terms after the ratification of
• Established Record of said parties showing
this Constitution, one-half of the seats allocated to
in past elections
party-list representatives shall be filled, as provided
• Number of Incumbent elective officials
by law, by selection or election from the labor,
• Identifiable political Organizations and
strengths peasant, urban poor, indigenous cultural
• Ability to fill and complete slate of candidates communities, women, youth, and such other
• Other analogous circumstances sectors as may be provided by law, except the
(R.A. No. 7166, § 26.) religious sector.

Types of Parties: Sections 7 and 8, Article IX-C

1. Non-Registered Parties Sec. 7. No votes cast in favor of a political party,
2. Registered Parties organization, or coalition shall be valid, except for
a. Dominant Majority — Entitled to a copy those registered under the party-list system as
of ER provided in this Constitution.
b. Dominant Minority — Entitled to a copy Sec. 8. Political parties, or organizations or
of ER
coalitions registered under the party-list system,
c. Top 3 — Entitled to appoint a principal
watcher and a copy of the COC shall not be represented in the voters' registration
d. Bottom 3 — Entitled to appoint a principal boards, boards of election inspectors, boards of
watcher canvassers, or other similar bodies. However, they
shall be entitled to appoint poll watchers in
COMELEC may not, through a resolution setting accordance with law.
the deadline for registration of political parties,
differentiate between political parties, on the one Declared State Policy
hand, and political organizations and coalitions, on In Republic Act No. 7941, otherwise known as the
the other. There is no substantial distinction among “Party-List System Act,” the declared state policy is
these entities germane to the act of registration that
that the State shall promote proportional
would justify creating distinctions among them in
terms of deadlines. A petition for registration as a representation in the election of representatives to
political coalition filed beyond that deadline is time- the House of Representatives through a party-list
barred, and the COMELEC resolution granting that system of registered national, regional and sectoral
petition constitutes grave abuse of discretion. parties or organizations or coalitions thereof, which
(Liberal Party v. COMELEC, G.R. No. 191771, May will enable Filipino citizens belonging to the
6, 2010) marginalized and underrepresented sectors,
organizations and parties, and who lack well-
PARTY-LIST SYSTEM defined political constituencies but who could
contribute to the formulation and enactment of
Constitutional Rules appropriate legislation that will benefit the nation as
Section 5, Article VI a whole, to become members of the House of
(1) The House of Representatives shall be Representatives. Towards this end, the State shall
composed of not more than two hundred and fifty develop and guarantee a full, free and open party
members, unless otherwise fixed by law, who shall system in order to attain the broadest possible
be elected from legislative districts apportioned representation of party, sectoral or group interests
among the provinces, cities, and the Metropolitan in the House of Representatives by enhancing their
Manila area in accordance with the number of their chances to compete for and win seats in the
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legislature, and shall provide the simplest scheme Registration of a Party-List

possible. [Sec. 2, RA 7941] The COMELEC may motu proprio or upon verified
complaint of any interested party, remove or
A social justice tool designed not only to give more cancel, after due notice and hearing, the
in law to the great masses of our people who have registration of any national, regional or sectoral
less in life, but also to enable them to become party, organization or coalition on any of the
veritable lawmakers empowered to participate following grounds:
directly in the enactment of laws designed to 1) It is a religious sect or denomination,
benefit them. (R.A. No. 7941) organization or association organized for religious
purposes;
The Party-List System 2) It advocates violence or unlawful means to seek
The party-list system is a mechanism of its goal;
proportional representation in the election of 3) It is a foreign party or organization;
representatives to the House of Representatives 4) It is receiving support from any foreign
from national, regional and sectoral parties or government, foreign political party, foundation,
organizations or coalitions thereof registered with organization, whether directly or through any of its
the Commission on Elections (COMELEC). officers or members or indirectly through third
Component parties or organizations of a coalition parties for partisan election purposes;
may participate independently provided the 5) It violates or fails to comply with laws, rules or
coalition of which they form part does not regulations relating to elections;
participate in the party-list system. [Sec. 3(a), RA 6) It declares untruthful statements in its petition;
7941] 7) It has ceased to exist for at least one (1) year; or
8) It fails to participate in the last two (2) preceding
Aims and Purposes: elections or fails to obtain at least two percentum
1. Broaden the base of candidates (2%) of the votes cast under the party-list system
2. Encourage multi-party system in the two (2) preceding elections for the
3. Ensure party loyalty constituency in which it has registered. [Sec. 6, RA
4. Promote proportional representation 7941]

Registration as a Party-List Disqualification of Party-Lists: (F2V2R-COPS)

Any organized group of persons may register as a 1. Foreign party or organization
party, organization or coalition for purposes of the 2. Receives Foreign support
party-list system by filing with the COMELEC not 3. Advocates Violence
later than ninety (90) days before the election a 4. Violates election laws
petition verified by its president or secretary stating 5. Religious sect, denomination, organization
its desire to participate in the party-list system as a 6. Ceased to exist for at least 1 year
national, regional or sectoral party or organization 7. Failed to Obtain at least 2% of the votes cast
or a coalition of such parties or organizations, under the party-list system in the 2 preceding
attaching thereto its constitution, by-laws, platform elections
or program of government, list of officers, coalition 8. Failed to Participate in the last 2 preceding
agreement and other relevant information as the elections
COMELEC may require: provided, that the sectors 9. Untruthful Statements in its petition
shall include labor, peasant, fisherfolk, urban
poor, indigenous cultural communities, elderly, Cancellation of registration of a party list may be
handicapped, women, youth, veterans, done by the COMELEC motu proprio or upon
overseas workers, and professionals. The verified complaint of any interested party after due
COMELEC shall publish the petition in at least two notice and hearing.
(2) national newspapers of general circulation.
Moral disapproval is not a sufficient governmental
The COMELEC shall, after due notice and hearing, interest to justify exclusion of homosexuals from
resolve the petition within fifteen (15) days from the participation in the party-list system. (Ang Ladlad
date it was submitted for decision but in no case LGBT Party v. COMELEC, G.R. No. 190582, Apr.
not later than sixty (60) days before election. [Sec. 8, 2010.)
5, RA 7941]
For the COMELEC to validly exercise its statutory
Grounds for Removal or Cancellation of
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power to cancel the registration of a party-list regional sectoral parties." They did not, precisely
group, the law imposes only two (2) conditions: because it was never their intention to make
1. Due notice and hearing is afforded to the the party-list system exclusively sectoral.
party-list group concerned; and 2) What the framers intended, and what they
2. Any of the enumerated grounds for expressly wrote in Section 5(1), could not be any
disqualification in Section 6, R.A. No. 7941 clearer: the party-list system is composed of three
exists (Davao v. COMELEC, G.R. No. 193643, different groups, and the sectoral parties belong to
Jan 29, 2013). only one of the three groups. The text of Section
5(1) leaves no room for any doubt that national and
Each accreditation handed by the COMELEC to regional parties are separate from sectoral parties.
party-list organizations can be likened to the 3) Thus, the party-list system is composed of three
franchise granted by Congress, thru the SEC, to different groups: (1) national parties or
corporations or associations created under the organizations; (2) regional parties or
Corporation Code. A party-list organization, like a organizations; and (3) sectoral parties or
corporation, owes its legal existence to the organizations. National and regional parties or
concession of its franchise from the State, thru the organizations are different from sectoral
COMELEC. Being a mere concession, it may be parties or organizations. National and regional
revoked by the granting authority upon the parties or organizations need not be organized
existence of certain conditions. The fact that a along sectoral lines and need not represent
franchise/accreditation may be revoked means any particular sector.
that it can never be final and conclusive (Davao v. 4) Moreover, Section 5(2), Article VI of the 1987
COMELEC, G.R. No. 193643, Jan 29, 2013) Constitution mandates that, during the first three
consecutive terms of Congress after the ratification
The laws, rules and regulations violated to warrant of the 1987 Constitution, "one-half of the seats
cancellation under Section 6 must be one that is allocated to party-list representatives shall be
primarily imputable to the party itself and not one filled, as provided by law, by selection or election
from the labor, peasant, urban poor, indigenous
that is chiefly confined to an individual member or
cultural communities, women, youth, and such
its nominee. (COCOFED-Philippine Coconut other sectors as may be provided by law, except
Producers Federation, Inc. v. Commission on the religious sector."
Elections, G.R. No. 207026, Aug. 6, 2013). 5) This provision clearly shows again that the
party-list system is not exclusively for sectoral
The disqualification of some of the nominees shall parties for two obvious reasons. First, the other
not result in the disqualification of the party-list one-half of the seats allocated to party-list
group “provided that they have at least one representatives would naturally be open to
nominee who remains qualified.” (COCOFED- non-sectoral party-list representatives, clearly
negating the idea that the party-list system is
Philippine Coconut Producers Federation, Inc. v.
exclusively for sectoral parties representing
Commission on Elections, G.R. No. 207026, Aug. the "marginalized and underrepresented."
6, 2013). Second, the reservation of one-half of the
party-list seats to sectoral parties applies only
Party-List System Not Limited to Sectoral Parties. for the first "three consecutive terms after the
1) The indisputable intent of the framers of the ratification of this Constitution," clearly
1987 Constitution to include in the party-list system making the party-list system fully open after
both sectoral and non-sectoral parties is clearly the end of the first three congressional terms.
written in Section 5(1), Article VI of the This means that, after this period, there will be no
Constitution. Section 5(1), Article VI of the seats reserved for any class or type of party that
Constitution is crystal-clear that there shall be "a qualifies under the three groups constituting the
party-list system of registered national, party-list system.
regional, and sectoral parties or 6) Hence, the clear intent, express wording,
organizations." The commas after the words and party-list structure ordained in Section 5(1)
"national," and "regional," separate national and and (2), Article VI of the 1987 Constitution
regional parties from sectoral parties. Had the cannot be disputed: the party-list system is not
framers of the 1987 Constitution intended national for sectoral parties only, but also for non-
and regional parties to be at the same time sectoral parties. [Atong Paglaum v. COMELEC,
sectoral, they would have stated "national and G.R. No. 203766, Apr. 2, 2013]
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registration of parties or organizations after due

Party-List Act Does Not Require National and notice and hearing. None of the 8 grounds to
Regional Organizations to Represent the refuse or cancel registration refers to non-
“Marginalized and Underrepresented” Sectors. representation of the "marginalized and
1) To require all national and regional parties under underrepresented.”
the party-list system to represent the "marginalized 5) The phrase "marginalized and
and underrepresented" is to deprive and exclude, underrepresented" appears only once in R.A. No.
by judicial fiat, ideology-based and cause-oriented 7941, in Section 2 on Declaration of Policy. Section
parties from the party-list system. How will these 2 seeks "to promote proportional representation in
ideology-based and cause-oriented parties, who the election of representatives to the House of
cannot win in legislative district elections, Representatives through the party-list system,"
participate in the electoral process if they are which will enable Filipinos belonging to
excluded from the party-list system? To exclude the "marginalized and underrepresented
them from the party-list system is to prevent them sectors, organizations and parties, and who
from joining the parliamentary struggle, leaving as lack well-defined political constituencies," to
their only option the armed struggle. To exclude become members of the House of
them from the party-list system is, apart from being Representatives. While the policy declaration in
obviously senseless, patently contrary to the clear Section 2 of R.A. No. 7941 broadly refers to
intent and express wording of the 1987 Constitution "marginalized and underrepresented sectors,
and R.A. No. 7941. organizations and parties," the specific
2) Under the party-list system, an ideology- implementing provisions of R.A. No. 7941 do not
based or cause-oriented political party is define or require that the sectors, organizations or
clearly different from a sectoral party. A political parties must be "marginalized and
party need not be organized as a sectoral party and underrepresented." On the contrary, to even
need not represent any particular sector. There is interpret that all the sectors mentioned in Section 5
no requirement in R.A. No. 7941 that a national or are "marginalized and underrepresented" would
regional political party must represent a lead to absurdities. [Atong Paglaum v. COMELEC,
"marginalized and underrepresented" sector. It is GR No. 203766, 2 April 2013]
sufficient that the political party consists of citizens
who advocate the same ideology or platform, or the The Scope of the “Marginalized and
same governance principles and Underrepresented” Sectors
policies, regardless of their economic status as 1) The phrase “marginalized and
citizens. underrepresented" should refer only to the sectors
3) Section 5 of R.A. No. 7941 states that "the in Section 5 that are, by their nature, economically
sectors shall include labor, peasant, fisherfolk, "marginalized and underrepresented." These
urban poor, indigenous cultural sectors are: labor, peasant, fisherfolk, urban
communities, elderly, handicapped, women, poor, indigenous cultural communities,
youth, veterans, overseas workers, handicapped, veterans, overseas workers, and
and professionals." The sectors mentioned in other similar sectors. For these sectors, a
Section 5 are not all necessarily "marginalized and majority of the members of the sectoral party must
underrepresented." For sure, "professionals" are belong to the "marginalized and
not by definition "marginalized and underrepresented." The nominees of the sectoral
underrepresented," not even the elderly, women, party either must belong to the sector, or must
and the youth. However, professionals, the elderly, have a track record of advocacy for the sector
women, and the youth may "lack well-defined represented. Belonging to the "marginalized and
political constituencies," and can thus organize underrepresented" sector does not mean one must
themselves into sectoral parties in advocacy of the "wallow in poverty, destitution or infirmity." It is
special interests and concerns of their respective sufficient that one, or his or her sector, is below the
sectors. middle class. More specifically, the economically
4) Section 6 of R.A. No. 7941 provides another "marginalized and underrepresented" are those
compelling reason for holding that the law does not who fall in the low income group as classified by
require national or regional parties, as well as the National Statistical Coordination Board.
certain sectoral parties in Section 5 of R.A. No. 2) The recognition that national and regional
7941, to represent the "marginalized and parties, as well as sectoral parties of professionals,
underrepresented." Section 6 provides the grounds the elderly, women and the youth, need not be
for the COMELEC to refuse or cancel the "marginalized and underrepresented" will allow
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small ideology-based and cause-oriented parties defined political constituencies" as members of the
who lack "well-defined political constituencies" a House of Representatives.
chance to win seats in the House of 3) The 1987 Constitution and R.A. No. 7941 allow
Representatives. On the other hand, limiting to the major political parties to participate in party-list
"marginalized and underrepresented" elections so as to encourage them to work
the sectoral parties for labor, peasant, fisherfolk, assiduously in extending their constituencies to the
urban poor, indigenous cultural communities, "marginalized and underrepresented" and to those
handicapped, veterans, overseas workers, and who "lack well-defined political constituencies."
other sectors that by their nature are economically The participation of major political parties in party-
at the margins of society, will give the "marginalized list elections must be geared towards the entry, as
and underrepresented" an opportunity to likewise members of the House of Representatives, of the
win seats in the House of Representatives. "marginalized and underrepresented" and those
3) This interpretation will harmonize the 1987 who "lack well-defined political constituencies,"
Constitution and R.A. No. 7941 and will give rise to giving them a voice in law-making. Thus, to
a multi-party system where those "marginalized participate in party-list elections, a major political
and underrepresented," both in economic and party that fields candidates in the legislative district
ideological status, will have the opportunity to elections must organize a sectoral wing, like a
send their own members to the House of labor, peasant, fisherfolk, urban poor, professional,
Representatives. This interpretation will also make women or youth wing, that can register under the
the party-list system honest and transparent, party-list system.
eliminating the need for relatively well-off party-list 4) Such sectoral wing of a major political party
representatives to masquerade as "wallowing in must have its own constitution, by-laws,
poverty, destitution and infirmity," even as they platform or program of government, officers
attend sessions in Congress riding in SUVs. [Atong and members, a majority of whom must belong
Paglaum v. COMELEC, GR No. 203766, 2 April to the sector represented. The sectoral wing is in
2013] itself an independent sectoral party, and is linked
to a major political party through a coalition. This
Political Parties Can Participate in the Party- linkage is allowed by Section 3 of R.A. No. 7941,
List System Subject to Conditions. which provides that "component parties or
1) Political parties can participate in party-list organizations of a coalition may participate
elections provided they register under the party-list independently (in party-list elections) provided the
system and do not field candidates in legislative coalition of which they form part does not
district elections. A political party, whether major or participate in the party-list system.” [Atong
not, that fields candidates in legislative district Paglaum v. COMELEC, GR No. 203766, 2 April
elections can participate in party-list elections only 2013]
through its sectoral wing that can separately
register under the party-list system. The sectoral Inviolable Parameters of the Party-List System
wing is by itself an independent sectoral party, and A Philippine-style party-list election has at least
is linked to a political party through a coalition. four inviolable parameters as clearly stated
2) Section 11 of R.A. No. 7941 expressly prohibited in Veterans. These are:
the "first five (5) major political parties on the
basis of party representation in the House of First, the twenty percent (20%) allocation - the
Representatives at the start of the Tenth Congress" combined number of all party-list congressmen
from participating in the May 1988 party-list shall not exceed twenty percent of the total
elections. Thus, major political parties can membership of the House of Representatives,
participate in subsequent party-list elections including those elected under the party list;
since the prohibition is expressly limited only
to the 1988 party-list elections. However, major Second, the two percent (2%) threshold - only
political parties should participate in party-list those parties garnering a minimum of two percent
elections only through their sectoral wings. The of the total valid votes cast for the party-list system
participation of major political parties through their are "qualified" to have a seat in the House of
sectoral wings, a majority of whose members are Representatives; NOTE: The 2% threshold is still
"marginalized and underrepresented" or lacking in valid, but unconstitutional insofar as the same
"well-defined political constituencies," will facilitate 2% is used in computing the additional seats.
the entry of the "marginalized and Thus: “In computing the allocation of additional
underrepresented" and those who "lack well- seats, the continued operation of the two percent
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threshold for the distribution of the additional seats less than 1 year immediately preceding the
as found in the second clause of Section 11(b) of election day
R.A. No. 7941 is unconstitutional. This Court • Able to read and write
finds that the two percent threshold makes it • A Bona fide member of the party he seeks to
mathematically impossible to achieve the represent for at least 90 days preceding
maximum number of available party list seats when election day (need not be marginalized
the number of available party list seats exceeds 50. persons)
The continued operation of the two percent • At least 25 years of age on election day. (RA
threshold in the distribution of the additional seats 7166, § 9.)
frustrates the attainment of the permissive ceiling
that 20% of the members of the House of In case of the youth sector, he must be at least 25
Representatives shall consist of party-list but not more than 30 years of age on the day of
representatives.” [Banat v. COMELEC, GR No. the election.
179271, 2009]
Any youth sectoral representative who reaches the
Third, the three-seat (3-seat) limit - each qualified age of thirty 30 during his term shall be allowed to
party, regardless of the number of votes it actually continue in office until the expiration of his term.
obtained, is entitled to a maximum of three seats;
that is, one "qualifying" and two additional seats; A list with 5 names should be submitted to
COMELEC as to who will represent the party in the
Fourth, proportional representation - the additional Congress. Ranking in the list submitted determines
seats which a qualified party is entitled to shall be who shall represent party or organization.
computed "in proportion to their total number of
votes." [BANAT v. COMELEC, GR No. 179271, 21 Section 15 of RA 7941 provides that a nominee of
April 2009 citing Veterans Federation v. a sectoral party who changes his sectoral affiliation
COMELEC, GR No. 136781, 6 October 2000] within the same party is not eligible for nomination
under the new sectoral affiliation, unless such
Qualifications of Party-List Nominees change occurred at least six months before the
No person shall be nominated as party-list elections. Section 15 clearly covers changes in
representative unless he is a natural born citizen of both political party and sectoral affiliation within the
the Philippines, a registered voter, a resident of the same party. (Amores v. HRET, G.R. No. 189600,
Philippines for a period of not less than one (1) year Jun. 29, 2010).
immediately preceding the day of the election, able
to read and write, bona fide member of the party or Unique Characteristics of the Philippine Party-
organization which he seeks to represent for at List System:
least ninety (90) days preceding the day of the Only In-House
election, and is at least twenty-five (25) years of
• The proportional representation or party-list
age on the day of the election. In case of a nominee system is only available in the House of
of the youth sector, he must at least be twenty-five Representatives.
(25) but not more than thirty (30) years of age on
• Plurality formula is used for other elective
the day of the election. Any youth sectoral
officials.
representative who attains the age of thirty during
his term shall be allowed to continue until the
expiration of his term. [Sec. 9, RA 7941]
The 20% Allocation — The combined number of all
In the case of sectoral parties, to be a bona fide party-list representatives shall not exceed 20% of
party-list nominee one must either belong to the the total membership of the House of
sector represented, or have a track record of Representatives, including those elected under the
advocacy for such sector. [Atong Paglaum v. party list. However, this only prescribes a ceiling
COMELEC, GR No. 203766, 2 April 2013] and is not considered mandatory.

Qualifications of a Party-List Nominee (ABC-

No. of seats available to Party-List Reps. =
RV-25):
(No. of seats available to District Reps./0.80) x
• A natural-born Citizen of the Philippines A (0.20)
registered Voter
• A Resident of the Philippines for a period of not
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Two Votes guaranteed seats of the two-percenters. The

1. 1st vote — For the district representative whole integer of the product of the percentage and
2. 2nd vote — For the party-list representative of the remaining available seats corresponds to a
(but it is the name of the party that is indicated party’s share in the remaining available seats.
in the ballot)
3) Second, we assign one party-list seat to each of
The 2% Threshold and 3-Seat Limit
the parties next in rank until all available seats are
1. The parties shall be ranked from the highest
to lowest based on the number of votes they completely distributed. We distributed all of the
garnered. remaining 38 seats in the second round of seat
2. To be entitled to one qualifying seat, a party allocation.
must obtain 2% of the total ballots cast for
qualified party-list candidates. 4) Finally, we apply the three-seat cap to
3. Votes cast for a party which is not entitled to determine the number of seats each qualified
be voted for should not be counted. The party-list candidate is entitled. (BANAT v.
votes they obtained shall be deducted from COMELEC, G.R. No. 179271, Apr. 21, 2009.)
the canvass of the total votes for the party-
list. In ANGKLA v. COMELEC, the SC affirmed the
4. Rounding-off is not allowed. BANAT formula, to wit: As finally settled in the
5. Parties other than the 1st party (the party that landmark case of BANAT, Section 11 (b) of RA
obtained the highest number of votes based 7941 is to be applied, thus:
on plurality) may be entitled to additional
seats based on the following formula: Round 1:
a. The participating parties, organizations or
Each party is shall be entitled to not more than coalitions shall be ranked from highest to lowest
three sets. based on the number of votes they each
The two percent threshold in computing for the garnered in the party-list election.
additional seats is unconstitutional. The b. Each of those receiving at least two-percent
continued application of the two percent threshold (2%) of the total votes cast for the party-list
in the application of additional seats in proportion system shall be entitled to and guaranteed one
to their total number of votes until all the additional seat each.
seats will frustrate the attainment of the permissive Rationale: The statute references a two-percent
(2%) threshold. The one-seat guarantee based
ceiling that twenty percent of the members of the
on this arithmetical computation gives substance
house of representatives shall consist of party-list to this threshold.
representatives. (BANAT v. COMELEC, G.R. No.
179271, Apr. 21, 2009) Round 2, Part 1:
a. The percentage of votes garnered by each of
In declaring the two percent threshold the parties, organizations and coalitions is
unconstitutional, the SC did not limit the multiplied by the remaining available seats after
allocation of additional seats to the two- Round 1. All party-list participants shall
participate in this round regardless of the
percenters. Thus:
percentage of votes they garnered. 36 SDHTEC
b. The party-list participants shall be entitled to
1) The percentage of votes garnered by each
additional seats based on the product arrived at
party-list candidate is arrived at by dividing the in (a). The whole integer of the product
number of votes garnered by each party by corresponds to a party's share in the remaining
15,950,900, the total number of votes cast for available seats. Fractional seats shall not be
party-list candidates. There are two steps in the awarded.
second round of seat allocation. Rationale: This formula gives flesh to the
proportionality rule in relation to the total number
2) First, the percentage is multiplied by the of votes obtained by each of the participating
remaining available seats, 38, which is the party, organization, or coalition.
c. A Party-list shall be awarded no more than two
difference between the 55 maximum seats (2) additional seats.
reserved under the Party-List System and the 17
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Rationale: The three-seat cap in the statute is to constitutional framers and the legislature intended.
be observed. It is the 2-percenters who have an established right
to an advantage in the form of a guaranteed seat.
Round 2, Part 2:
[ANGKLA: Ang Partido ng mga Pilipinong Marino,
a. The party-list party, organization or coalition
next in rank shall be allocated one additional seat Inc. v. Commission on Elections, G.R. No. 246816,
each until all available seats are completely [September 15, 2020]
distributed.
Rationale: This algorithm endeavors to complete The Rule of Law Has Confirmed the Substantial
the 20% composition for party-list representation Distinction Between 2-Percenters and Non-2-
in the House of Representatives. Percenters. The distinction between two-
percenters and non-two-percenters has long been
During the deliberation, Senior Associate Justice settled in Veterans Federation Party v.
Estela M. Perlas-Bernabe keenly noted that COMELEC (Veterans) where the Court affirmed
the BANAT formula mirrors the textual progression the validity of the 2% voting
of Section 11 (b) of RA 7941, as worded, thus: threshold. Veterans effectively segregates and
Section 11. Number of Party-List Representatives. distinguishes between the two (2) classes, two-
— x x x xxx xxx xxx (b) The parties, percenters and non-two-percenters. It explains the
organizations, and coalitions receiving at least rationale behind the voting threshold and
two-percent (2%) of the total votes cast for the differential treatment, viz.: The two percent
party-list system shall be entitled to one seat threshold is consistent not only with the intent of the
each: Provided, That those garnering more than framers of the Constitution and the law, but with the
two-percent (2%) of the votes shall be entitled very essence of "representation." Under a
to additional seats in proportion to republican or representative state, all government
their total number of votes: Provided, finally, authority emanates from the people, but is
That each party, organization, or coalition shall be exercised by representatives chosen by them. But
entitled to not more than three (3) seats. to have meaningful representation, the elected
persons must have the mandate of a sufficient
The first round of seat allocation is based on number of people. Otherwise, in a legislature that
the first sentence of Section 11 (b) while the
features the party-list system, the result might be
second round is based on the first proviso. To
prescribe a method of seat allocation contrary to the proliferation of small groups which are
the unequivocal language of RA 7941 would be incapable of contributing significant legislation, and
nothing short of judicial legislation, if not usurpation which might even pose a threat to the stability of
of legislative powers, as it would allow us to Congress. Thus, even legislative districts are
substitute the wisdom of Congress with ours. apportioned according to "the number of their
[ANGKLA: Ang Partido ng mga Pilipinong Marino, respective inhabitants, and on the basis of a
Inc. v. Commission on Elections, G.R. No. uniform and progressive ratio" to ensure
246816, [September 15, 2020] meaningful local representation. [ANGKLA: Ang
Partido ng mga Pilipinong Marino, Inc. v.
Advantage Given to 2-Percenters Does Not
Commission on Elections, G.R. No. 246816,
Violate the Equal Protection Clause. All votes,
[September 15, 2020]
whether cast in favor of two-percenters and non-
two-percenters, are counted once. The perceived Justice Leonen has a keen analysis of the
"double-counting of votes" does not offend the adverse effect of imposing a two-percent (2%)
equal protection clause — it is an advantage given deduction on the two-percenters: “Ignoring votes in
to two-percenters based on substantial distinction the reckoning of proportions runs afoul of a party-
that the rule of law has long acknowledged and list election as a race contested by the entire roster
confirmed. It does not violate the “One Person, of candidates and won in consideration of all the
One Vote” principle. To not count the 2% vote in votes cast by the electorate. Reckoning on the
the second round would place the 2-percenters at basis of a "recomputed number of votes"
a glaring disadvantage, which is not what the
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artificially redraws the electoral terrain. It ranking in the second round. The continued
results in the distribution of remaining party- operation of the two-percent threshold was
list seats based on an altered field of deemed "an unwarranted obstacle to the full
implementation of Section 5(2), Article VI of the
contestants and diminished number of votes.
Constitution and prevents the attainment of the
This undoes the logical advantage earned by “broadest possible representation of party, sectoral
those that hurdled the two-percent-threshold or group interests in the House of
and enables the election of groups even if their Representatives,” and has been declared
performance was manifestly worst off than unconstitutional. The 20% share in representation
those who have hurdled the basic threshold. To may never be filled up if the 2% threshold is
concede petitioners' plea would be to negate the maintained. In the same vein, the maximum
representation will not be achieved if those party-
valid and sensible distinction between those that
list groups obtaining less than one percentage are
hurdled the threshold and those that did not. disqualified from even one additional seat in the
Ultimately, it violates the party-list system's second round. (Aksyon Magsasaka-Partido Tinig
fundamental objective of enabling "meaningful ng Masa (AKMA-PTM) vs. COMELEC, G.R. No.
representation [secured through] the mandate of a 207134, May 28, 2015.)
sufficient number of people." (citations
omitted) [ANGKLA: Ang Partido ng mga Pilipinong Delisting
Marino, Inc. v. Commission on Elections, G.R. No. The law provides for 2 separate reasons for the
delisting of any national, regional or sectoral party
246816, [September 15, 2020]
organization or coalition. Section 6(8) of the Party
- List System Act provides that the COMELEC may
Absolute Proportionality Not Prescribed.
motu proprio or upon verified complaint of any
Section 11, Article VI of the Constitution, however, interested party, remove or cancel, after due notice
does not prescribe absolute proportionality in and hearing, the registration of any national,
distributing seats to party-list parties, organizations regional or sectoral party organization or coalition.
or coalitions. Neither does it mandate the grant of
one seat each according to their rank. On the The grounds are:
contrary, Congress is given a wide latitude of (a) If it fails to participate in the last two (2)
preceding elections; or
discretion in setting the parameters for determining (b) Fails to obtain at least two per centum (2%) of
the actual volume and allocation of party-list the votes cast under the party list system in the
representation in the House of two (2) preceding elections for the constituency
Representatives. BANAT elucidates: x x x The in which it was registered (Philippine
allocation of seats under the party-list system is Guardians Brotherhood, Inc. (PGBI) v.
governed by the last phrase of Section 5(1), which COMELEC, G.R. No. 190529, Apr. 29, 2010)
states that the party-list representatives shall be
The law is clear – the COMELEC may motu proprio
"those who, as provided by law, shall be elected or upon verified complaint of any interested party,
through a party-list system," giving the Legislature remove or cancel, after due notice and hearing, the
wide discretion in formulating the allocation of registration of any national, regional or sectoral
party-list seats. Clearly, there is no constitutional party, organization or coalition if it: (a) fails to
requirement for absolute proportional participate in the last two (2) preceding
representation in the allocation of party-list seats in elections; or (b) fails to obtain at least two per
centum (2%) of the votes cast under the party-list
the House of Representatives. (Emphasis added)
system in the two (2) preceding elections for the
In the exercise of this prerogative, Congress constituency in which it has registered. The word
modified the weight of votes cast under the party- "or" is a disjunctive term signifying disassociation
list system with reason. ) [ANGKLA: Ang Partido and independence of one thing from the other
ng mga Pilipinong Marino, Inc. v. Commission on things enumerated; it should, as a rule, be
Elections, G.R. No. 246816, [September 15, 2020] construed in the sense in which it ordinarily
implies, as a disjunctive word. XXX Thus, the
Party-list groups garnering less than 2% of the plain, clear and unmistakable language of the law
party-list votes may qualify for a seat in the provides for two (2) separate reasons for delisting.
allocation of additional seats depending on their Section 6(8) of RA 7941 provides for two separate
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grounds for delisting; these grounds cannot be 7166, § 5.)

mixed or combined to support delisting; and the
disqualification for failure to garner 2% party-list As a general rule, the period of election starts at
votes in two preceding elections should now be ninety (90) days before and ends thirty (30) days
understood, in light of the Banat ruling, to mean after the election date pursuant to Section 9, Article
failure to qualify for a party-list seat in two IX-C of the Constitution and Section 3 of BP 881.
preceding elections for the constituency in which it This rule, however, is not without exception. Under
has registered. [Philippine Guardians v. these same provisions, the COMELEC is not
COMELEC, G.R. No.. 190529, Apr. 29, 2010] precluded from setting a period different from that
provided thereunder. (Aquino vs. COMELEC, G.R.
E. CAMPAIGN No. 211789-90, Mar. 17, 2015.)

1. ELECTION CAMPAIGN OR PARTISAN Not every act of beneficence from a candidate may
POLITICAL ACTIVITY be considered campaigning. The term
“campaigning” should not be made to apply to any
IN GENERAL: Election Campaign - The term and every act which may influence a person to vote
"election campaign" or "partisan political activity" for a candidate, for that would stretching too far the
refers to an act designed to promote the election or meaning of the term. Examining the definition and
defeat of a particular candidate or candidates to a enumeration of election campaign and partisan
public office, (Omnibus Election Code, § 79.) political activity found in COMELEC Resolution No.
3636, the COMELEC is convinced that only those
SPECIFICALLY: The term "election campaign" or acts which are primarily designed to solicit votes
"partisan political activity" shall include any of the will be covered by the definition and enumeration.
following: The distribution of sports items in line with the
(1) Forming organizations, associations, clubs, sports and education program of the province does
committees or other groups of persons for the not constitute election campaigning since what is
purpose of soliciting votes and/or undertaking prohibited is the release of public funds within the
any campaign for or against a candidate; 45-day period before election. (Pangkat Laguna v.
(2) Holding political caucuses, conferences, COMELEC, G.R. 148075, Feb. 4, 2002.)
meetings, rallies, parades or other similar
assemblies for the purpose of soliciting votes Valid Forms of Campaigning: (OHS-SPA)
and/or undertaking any campaign or 1. Forming organizations, associations, clubs,
propaganda for or against a candidate; committees, or other groups of persons for the
(3) Making speeches, announcements or purpose of soliciting votes and/ or undertaking
commentaries, or holding interviews for or any campaign for or against a candidate.
against the election of any candidate for public 2. Holding political caucuses, conferences,
office; meetings, rallies, parades or other similar
(4) Publishing or distributing campaign literature or assemblies for the purpose of soliciting votes
materials designed to support or oppose the and/ or undertaking any campaign or
election of any candidate; or propaganda for or against a candidate.
(5) Directly or indirectly soliciting votes, pledges or 3. Making speeches, announcements or
support for or against any candidate. commentaries or holding interviews for or
against the election of any candidate for public
The foregoing enumerated acts if performed for the office.
purpose of enhancing the chances of aspirants for 4. Publishing or distributing campaign literature or
nomination for candidacy to a public office by a materials designed to support/ oppose the
political party, aggroupment, or coalition of parties election of any candidate.
shall not be considered as election campaign or 5. Directly or indirectly soliciting votes, pledges,
partisan election activity. [Sec. 79(b), OEC; Sec. or support for or against a candidate.
1(1), COMELEC Resolution No. 9615 s. 2013] 6. Advertisements.

Campaign Period Premature Campaigning.

1. President, vice president and senators – 90 A candidate is liable for an election offense only for
days before election day acts done during the campaign period, not before.
2. Congressmen, provincial, city and municipal The law is clear as daylight — any election offense
officials – 45 days before election day (R.A. No. that may be committed by a candidate under any
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election law cannot be committed before the start 5. All other forms of election propaganda not
of the campaign period. The act of engaging in an prohibited by this Code as the Commission
election campaign or partisan political activity to may authorize after due notice to all interested
“promote the election or defeat of a particular parties and hearing where all the interested
candidate or candidates”, before the start of the parties were given an equal opportunity to be
campaign period, is what was commonly known as heard: Provided, That the Commission's
“premature campaigning”. Because premature authorization shall be published in two
campaigning requires the existence of a newspapers of general circulation throughout
“candidate” and because there is no “candidate” to the nation for at least twice within one week
speak of until the start of the campaign period, after the authorization has been granted. [Sec.
there is no more premature campaigning. (Peñera 82(d), OEC]
vs. COMELEC, G.R. No. 181613, Nov. 25, 2009)
Summary Rules on Election Propaganda:
2. ELECTION CAMPAIGN ACTS • All registered parties and bona fide candidates
shall have the right to reply to charges
3. ELECTION PROPAGANDA published against them.
• No movie, cinematograph, documentary
Election propaganda whether on television, cable portraying the life or biography of a candidate
television, radio, newspapers or any other medium shall be publicly exhibited in a theatre, TV
is hereby allowed for all registered political parties, station, or any public forum during the
national, regional, sectoral parties or organizations campaign period.
participating under the party-list elections and for • No movie, cinematograph, documentary
all bona fide candidates seeking national and local portrayed by an actor or media personality who
is himself a candidate shall be publicly
elective positions subject to the limitation on
exhibited in a theatre, TV station or any public
authorized expenses of candidates and political form during the campaign period.
parties, observance of truth in advertising and to • All mass media entities shall furnish the
the supervision and regulation by the COMELEC. COMELEC with copies of all contracts for
advertising, promoting, or opposing any
Lawful election propaganda shall include: political party or the candidacy of any person
1. Pamphlets, leaflets, cards, decals, stickers or for public office within 5 days after its signing.
other written or printed materials the size of • Any media personality who is a candidate or is
which does not exceed 8.5 inches in width a campaign volunteer for or employed or
and14 inches in length (8.5 in. x 14 in.); retained in any capacity by any candidate or
political party shall be deemed resigned, if so
2. Handwritten or printed letters urging voters to
required by their employer, or shall take a LOA
vote for or against any particular political party from his work as such during the campaign
or candidate for public office; period.
3. Cloth, paper or cardboard posters whether
framed, or posted, with an area not exceeding Rules on Published or Printed and Broadcast
two (2) feet by three (3) feet, except that, at the Election Propaganda (Paid Advertisements)
site and on the occasion of a public meeting or 1. PRINT
rally, or in announcing the holding of said • ¼ page in broadsheet, 3x a week
meeting or rally, streamers not exceeding three • ½ page in tabloid, 3x a week
(3) feet by eight (8) feet in size, shall be 2. RADIO (per STATION)
allowed: Provided, That said streamers may be • 180 mins. for National candidates
displayed five (5) days before the date of the • 90 mins. for Local candidates
meeting or rally and shall be removed within 3. TV (per STATION)
twenty-four (24) hours after said meeting or • 120 mins. for National candidates
rally; • 60 mins. for Local candidates
4. Paid advertisements in print or broadcast
The Fair Election Act does not justify a conclusion
media: Provided, That the advertisements shall
that the maximum allowable airtime should be
follow the requirements set forth in Section 4 of based on the totality of possible broadcast in all
this Act (RA 9006); [Sec. 3, RA 9006] and
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television or 35 radio stations, and the COMELEC payment of just compensation from at least three
has no authority to provide for rules beyond what (3) national newspapers of general circulation
was contemplated by the law it is supposed to wherein candidates for national office can
implement. (GMA Network, Inc. v. COMELEC, announce their candidacies. Such space shall be
G.R. No. 205357, Sep. 2, 2014.) NOTE: As it allocated free of charge equally and impartially
stands now, the limits of 120 minutes for TV and
among all the candidates for national office on
180 minutes for radio is PER STATION – not
aggregate or not per network. Thus, there are three (3) different calendar days: the first day within
separate airtime limits for the regional tv and radio the first week of the campaign period; the second
stations of ABS-CBN and GMA Network. day within the fifth week of the campaign period;
and the third day within the tenth week of the
Any newspaper, newsletter, newsweekly, gazette campaign period.
or magazine advertising, posters, pamphlets,
comic books, circulars, handbills, bumper stickers, The COMELEC shall also procure free airtime from
streamers, sample list of candidates or any at least three (3) national television networks and
published or printed political matter and any three(3) national radio networks, which shall also
broadcast of election propaganda by television or be allocated free of charge equally and impartially
radio for or against a candidate or group of among all candidates for national office. Such free
candidates to any public office shall bear and be time shall be allocated on three (3) different
identified by the reasonably legible or audible calendar days; the first day within the first week of
words "political advertisement paid for," followed by the campaign period; the second day within the fifth
the true and correct name and address of the week of the campaign period; and the third day
candidate or party for whose benefit the election within the tenth weeks of the campaign period.
propaganda was printed or aired.
The COMELEC may require national television and
If the broadcast is given free of charge by the radio radio networks to sponsor at least three (3) national
or television station, it shall be identified by the debates among presidential candidates and at
words "airtime for this broadcast was provided free least one (1) national debate among vice
of charge by" followed by the true and correct name presidential candidates. The debates among
and address of the broadcast entity. presidential candidates shall be scheduled on
three (3) different calendar days; the first debate
Print, broadcast or outdoor advertisements shall be scheduled within the first and second week
donated to the candidate or political party shall not of the campaign period; the second debate within
be printed, published, broadcast, or exhibited the fifth and sixth week of the campaign period; and
without the written acceptance by the said the third debate shall be scheduled within the tenth
candidate or political party. Such written and eleventh week of the campaign period.
acceptance shall be attached to the advertising
contract and shall be submitted to the COMELEC The sponsoring television or radio network may sell
as provided in Subsection 6.3. hereof. [Sec. 4, RA air-time for commercials and advertisements to
9006] interested advertisers and sponsors. The
COMELEC shall promulgate rules and regulations
Public Rallies: for the holding of such debates. [Sec. 7, RA 9006]
1. The candidate or party must notify election
registrar that they intend to organize and hold The COMELEC shall procure shall in at least one
within the city/municipality (1) newspaper of general circulation and air time in
2. Submit to election registrar a statement of at least one (1) major broadcasting station or entity
expenses in connection therewith. (Omnibus in every province or city: Provided, however, That
Election Code, § 88.) in the absence of said newspaper, publication shall
be done in any other magazine or periodical in said
COMELEC Space and Airtime
province or city, which shall be known as
Pursuant to Sections 90 and 92 of the Omnibus
"COMELEC Space": Provided, further, That in the
Election Code (Batas Pambansa Bldg. 881), the
absence of said broadcasting station or entity,
COMELEC shall procure the print space upon
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broadcasting shall be done in any radio or achieve that object. The regulation must only be
television station in said province or city, which with respect to the time, place, and manner of the
shall be known as "COMELEC Time". Said time rendition of the message. In no situation may the
shall be allocated to the COMELEC free of charge, speech be prohibited or censored on the basis of
while said space shall be allocated to the its content. For this purpose, it will not matter
whether the speech is made with or on private
COMELEC upon payment of just compensation.
property. (Diocese of Bacolod v. COMELEC, G.R.
The COMELEC time and space shall be utilized No. 205728, Jan. 21, 2015 obiter dictum.)
exclusively by the COMELEC for public information
dissemination on election-related concerns. [Sec. Posting of Campaign Materials
8, RA 9006] The COMELEC may authorize political parties and
party-list groups to erect common poster areas for
Thus: their candidates in not more than ten (1) public
1. SPACE (PUBLISHED OR PRINTED) places such as plazas, markets, barangay centers
a. 3 National newspapers - National and the like, wherein candidates can post, display
candidates
or exhibit election propaganda: Provided, That the
b. 1 National newspaper - Local candidates
2. AIRTIME (BROADCAST) size of the poster areas shall not exceed twelve
a. 3 National TV and Radio Networks - (12) by sixteen (16) feet or its equivalent.
National candidates
b. 1 Major Broadcasting station - Local Independent candidates with no political parties
candidates may likewise be authorized to erect common poster
areas in not more than ten (10) public places, the
There shall be equal allocation for all candidates size of which shall not exceed four (4) by six (6)
for 3 calendar days. feet or its equivalent.
COMELEC does not have the authority to regulate
Candidates may post any lawful propaganda
the enjoyment of the preferred right to freedom of
expression exercised by a non-candidate. material in private places with the consent of the
Regulation of speech in the context of electoral owner thereof, and in public places or property
campaigns made by persons who are not which shall be allocated equitably and impartially
candidates or who do not speak as members of a among the candidates. [Sec. 9, RA 9006]
political party which are, taken as a whole,
principally advocacies of a social issue that the Right to Reply
public must consider during elections is All registered parties and bona fide candidates
unconstitutional. Such regulation is inconsistent shall be have the right to reply to charges published
with the guarantee of according the fullest possible against them. The reply shall be given publicity by
range of opinions coming from the electorate
the newspaper, television and/or radio station
including those that can catalyze candid,
uninhibited, and robust debate in the criteria for the which first printed or aired the charges with the
choice of a candidate. (Diocese of Bacolod v. same prominence or in the same page or section
COMELEC, G.R. No. 205728, Jan. 21, 2015.) or in the same time slot as the first statement. [Sec.
10, RA 9006]
However, regulation of election paraphernalia will
still be constitutionally valid if it reaches into speech Prescribed Rates for Political Propaganda
of persons who are not candidates or who do not During the election period, media outlets shall give
speak as members of a political party if they are not registered political parties and bona
candidates, only if what is regulated is declarative fide candidates a discount of fifty percent (50%) for
speech that, taken as a whole, has for its principal
television, forty percent (40%) for radio and ten
object the endorsement of a candidate only. The
regulation (a) should be provided by law, (b) percent (10%) for print, from the average of the
reasonable, (c) narrowly tailored to meet the published rates charged in the last three calendar
objective of enhancing the opportunity of all years prior to the election.
candidates to be heard and considering the
primacy of the guarantee of free expression, and Nothing in this provision prohibits a media outlet
(d) demonstrably the least restrictive means to from giving higher discounts: Provided, That the
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discount it gives one candidate shall be the same respect, published election surveys partake of the
discount it gives to other candidates for the same nature of election propaganda. It is then declarative
position. speech in the context of an electoral campaign
properly subject to regulation. (Social Weather
In no case shall rates charged to registered political Stations, Inc. et al v. COMELEC, G.R. No. 208062,
Apr. 7, 2015.)
parties and bona fide candidates be higher than
rates charged to non-political advertisers. [Sec. 10, While Resolution No. 9674 does regulate
RA 9006 as amended by RA 11207] expression (i.e., petitioners’ publication of election
surveys), it does not go so far as to suppress
Election Surveys desired expression. There is neither prohibition nor
Election surveys refer to the measurement of censorship specifically aimed at election surveys.
opinions and perceptions of the voters as The freedom to publish election surveys remains.
regards a candidate's popularity, All Resolution No. 9674 does is articulate a
qualifications, platforms or a matter of public regulation as regards the manner of publication,
discussion in relation to the election, including that is, that the disclosure of those who
voters' preference for candidates or publicly commissioned and/or paid for, including those
discussed issues during the campaign period. subscribed to, published election surveys must be
[Sec. 5.1, RA 9006] made. (Social Weather Stations, Inc. et al v.
COMELEC, G.R. No. 208062, Apr. 7, 2015.)
The prohibition (on election surveys) may be for a
limited time, but the curtailment of the right of
expression is direct, absolute, and substantial. It Exit Polls
constitutes a total suppression of a category of Exit polls may only be taken subject to the following
speech and is not made less so because it is only requirements:
for a period of fifteen (15) days immediately before (a) Pollsters shall not conduct their surveys within
a national election and seven (7) days immediately
fifty (50) meters from the polling place, whether
before a local election. Sec. 5.4 (of RA 9006)
(which sought to prohibit publication of said survey is taken in a home, dwelling place and
election surveys 15 days before a national other places;
election and 7 days before a local election) is is (b) Pollsters shall wear distinctive clothing;
invalid because (1) it imposes a prior restraint (c) Pollsters shall inform the voters that they may
on the freedom of expression, (2) it is a direct refuse to answer; and
and total suppression of a category of (d) The result of the exit polls may be announced
expression even though such suppression is after the closing of the polls on election day, and
only for a limited period, and (3) the must clearly identify the total number of
governmental interest sought to be promoted respondents, and the places where they were
can be achieved by means other than
taken. Said announcement shall state that the
suppression of freedom of expression. [SWS v.
COMELEC, GR No. 147571, 5 May 2001] same is unofficial and does not represent a trend.
[Sec. 5.5, RA 9006]
The names of those who commission or pay for
election surveys, including subscribers of survey The holding of exit polls and the dissemination of
firms, must be disclosed pursuant to Section 5.2(a) their results through mass media constitute an
of the Fair Election Act. This requirement is a valid essential part of the freedoms of speech and of the
regulation in the exercise of police power and press. Hence, the COMELEC cannot ban them
effects the constitutional policy of “guaranteeing totally in the guise of promoting clean, honest,
equal access to opportunities for public service.”, orderly and credible elections. Quite the contrary,
and neither curtails petitioners’ free speech rights
exit polls — properly conducted and publicized —
nor violates the constitutional proscription against
the impairment of contracts. (Social Weather can be vital tools in eliminating the evils of election-
Stations, Inc. et al v. COMELEC, G.R. No. 208062, fixing and fraud. Narrowly tailored
Apr. 7, 2015.) countermeasures may be prescribed by the
Comelec so as to minimize or suppress the
When published, the tendency of election surveys to incidental problems in the conduct of exit polls,
shape voter preferences comes into play. In this without transgressing in any manner the
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fundamental rights of our people. [ABS-CBN v. government-owned or controlled

COMELEC, GR No. 133486, 28 January 2000] corporations;
e. Natural and juridical persons who, within
one year prior to the date of the election,
4. CONTRIBUTIONS AND EXPENDITURES have been granted loans or other
accommodations in excess of P100,000 by
Electoral Contributions the government or any of its divisions,
The term "contribution" includes a gift, donation, subdivisions or instrumentalities including
subscription, loan, advance or deposit of money or government-owned or controlled
anything of value, or a contract, promise or corporations;
agreement to contribute, whether or not legally f. Educational institutions which have
enforceable, made for the purpose of influencing received grants of public funds amounting
the results of the elections but shall not include to no less than P100,000.00;
services rendered without compensation by g. Officials or employees in the Civil Service,
individuals volunteering a portion or all of their time or members of the Armed Forces of the
in behalf of a candidate or political party. It shall Philippines; and
also include the use of facilities voluntarily donated h. Foreigners and foreign corporations.
by other persons, the money value of which can be
assessed based on the rates prevailing in the area. It shall be unlawful for any person to solicit or
[Sec. 94(a), OEC] receive any contribution from any of the persons or
entities enumerated herein. [Sec. 95, OEC]
Prohibited Contributions (POV of DONOR)
No contribution for purposes of partisan political NOTE: Under the old Corporation Code, domestic
activity shall be made directly or indirectly by any and foreign corporations are prohibited from
of the following: making electoral contributions. Under the
a. Public or private financial institutions: Revised Corporation Code, only foreign
Provided, however, That nothing herein corporations are prohibited. Thus, domestic
shall prevent the making of any loan to a corporations can now make reasonable
candidate or political party by any such contributions. [Sec. 35 in relation to Sec. 95, RA
public or private financial institutions 11232]
legally in the business of lending money,
and that the loan is made in accordance Prohibited Contributions (Receipt and
with laws and regulations and in the Solicitation)
ordinary course of business; It shall be unlawful for any person, including a
b. Natural and juridical persons operating a political party or public or private entity to solicit or
public utility or in possession of or receive, directly or indirectly, any aid or contribution
exploiting any natural resources of the of whatever form or nature from any foreign
nation; national, government or entity for the purposes of
c. Natural and juridical persons who hold influencing the results of the election. [Sec. 96,
contracts or sub-contracts to supply the OEC]
government or any of its divisions,
subdivisions or instrumentalities, with Prohibited Ways of Raising Electoral Campaign
goods or services or to perform Funds.
construction or other works; It shall be unlawful for any person to hold dances,
d. Natural and juridical persons who have lotteries, cockfights, games, boxing bouts, bingo,
been granted franchises, incentives, beauty contests, entertainments, or
exemptions, allocations or similar cinematographic, theatrical or other performances
privileges or concessions by the for the purpose of raising funds for an election
government or any of its divisions, campaign or for the support of any candidate from
subdivisions or instrumentalities, including the commencement of the election period up to and
including election day; or for any person or
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organization, whether civic or religious, directly or performances

indirectly, to solicit and/or accept from any 2. Cockfights
candidate for public office, or from his campaign 3. Lotteries
manager, agent or representative, or any person 4. Boxing bouts
acting in their behalf, any gift, food, transportation, 5. Bingo
6. Beauty contests
contribution or donation in cash or in kind from the
7. Entertainment and games
commencement of the election period up to and 8. Dances (Omnibus Election Code, § 97.)
including election day; Provided, That normal and
customary religious stipends, tithes, or collections General Rule: It shall be unlawful for any person
on Sundays and/or other designated collection or organization to solicit and/ or accept any gift,
days, are excluded from this prohibition. [Sec. 96, contribution, food, transportation or donation in
OEC] cash or in kind from the commencement of the
election period up to and including election day.
Electoral Contribution Not Subject to Gift Tax. Any
contribution in cash or in kind to any candidate or Exception: Normal and customary religious
stipends, tithes or collections.
political party or coalition of parties for campaign
purposes, duly reported to the Commission, shall
Prohibited Donations
not be subject to the payment of any gift tax. [Sec.
It is prohibited for any candidate, his spouse,
13, RA 7166] relative within second degree of consanguinity or
affinity, a representative to make any contribution
Unspent Contribution Subject to Income Tax. Any for any structure for public use or for use of any
unexpended balance from any contribution to religious or civic organization, except the normal
candidate or party shall be subject to income tax. religious dues and payments for scholarships
[COMELEC Resolution No. 9476 s.2012 citing BIR established and school contributions habitually
Revenue Regulation No. 7-2011] made before the campaign period. (Omnibus
Election Code, § 104.)
Summary of Prohibited Contributions: (UF2
PLAC2E) Electoral Expenditures
1. Public Utilities or those exploiting natural
resources of the nation Authorized Expenses
2. Public or private Financial institutions, except The agreement amount that a candidate or
loans to a candidate or political party registered political party may spend for election
3. Foreigners and foreign corporations campaign shall be as follows:
4. Grantees of franchises, incentives, (a) For candidates. - Ten pesos (P10.00) for
exemptions, allocations or similar Privileges or President and Vice-President; and for other
concessions by the government candidates Three Pesos (P3.00) for every voter
5. Persons who, within 1 year prior to the date of currently registered in the constituency where he
the election, have been granted Loans or other
filed his certificate of candidacy: Provided, That a
accommodations in excess of P100,000 by the
government candidate without any political party and without
6. Members of the Armed forces of the support from any political party may be allowed to
Philippines spend Five Pesos (P5.00) for every such voter; and
7. Officials or employees in the Civil service
8. Persons with Contracts to supply the NOTE: The law is clear — the candidate must both
government with goods or services or to be without a political party and without support from
perform construction or other works any political party for the P5.00 cap to apply. In the
9. Educational institutions which have received absence of one, the exception does not apply
grants of public funds not less than p100,000 by (hence, the P3.00 cap will apply). [Salvador v.
the government
COMELEC, GR No. 204357, 2014]
Prohibited Means of Raising Funds: (C2L-
B3ED)
1. Cinematographic, theatrical or other
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(b) For political parties. - Five pesos (P5.00) for campaign and for personal expenses incident
every voter currently registered in the constituency thereto;
or constituencies where it has official candidates. (b) For compensation of campaigners, clerks,
stenographers, messengers, and other
Any provision of law to the contrary notwithstanding persons actually employed in the campaign;
(c) For telegraph and telephone tolls, internet
any contribution in cash or in kind to any candidate
access, postages, freight and express delivery
or political party or coalition of parties for campaign charges;
purposes, duly reported to the Commission shall (d) For stationery, printing and distribution of
not be subject to the payment of any gift tax. [Sec. printed materials relative to the candidacy;
13, RA 7166 amending Secs. 100-101, OEC] (e) For employment of watchers at the polls;
(f) For rent, maintenance and furnishing of
3rd Party Donations Included in the Allowable campaign headquarters, office or place of
Expenditure Limit. meetings;
In tracing the legislative history of Sections 100, (g) For political meetings and rallies and the use of
101, and 103 of the OEC, it can be said, therefore, sound systems, lights and decorations during
said meetings and rallies;
that the intent of our lawmakers has been
(h) For newspaper, radio, television and other
consistent through the years: to regulate not just advertisements for purposes of promoting the
the election expenses of the candidate but also of candidacy, including website or internet ad
his or her contributor/supporter/donor as well as by placements, subject to existing rules and
including in the aggregate limit of the former’s regulations on the broadcast advertising.
election expenses those incurred by the latter. The (i) For employment of counsel;
phrase "those incurred or caused to be incurred by (j) For copying and classifying lists of voters,
the candidate” is sufficiently adequate to cover investigating and challenging the right to vote
those expenses which are contributed or donated of persons registered in the lists; and
in the candidate’s behalf. By virtue of the legal (k) For printing sample ballots in such color, size
and maximum number as may be authorized
requirement that a contribution or donation should
by the Commission.
bear the written conformity of the candidate, a
contributor/supporter/donor certainly qualifies as The expenditures for items (i – i.e. employment of
"any person authorized by such candidate or counsel), (j – i.e. copying and classifying lists of
treasurer." Ubi lex non distinguit, nec nos voters), and (k – i.e. printing sample ballots), shall
distinguere debemus. (Where the law does not not be taken into account in determining whether
distinguish, neither should We.) There should be the expenditure limit has been breached by the
no distinction in the application of a law where none candidate or party in the conduct of campaign
is indicated. [Ejercito v. COMELEC, GR No. activities. [OEC, Sec. 102]
212398, 25 November 2014]
Failure to comply with this Section constitutes an
election offense under Section 102 in relation to
Summary of Rules on Authorized Expenses Section 262 of the Omnibus Election Code. [Sec.
Multiplied by the total number of registered voters: 3, Rule 4, COMELEC Resolution No. 9476 s.2012
citing Sec. 102, OEC]
1. P10 - President and Vice President
2. P3 - Other candidates (with political party OR Summary of Rules on Lawful Expenditures
with political support) 2. Traveling expenses
3. P5 - Independent candidates (without political 3. Compensation of campaigners, clerks,
party AND without political support) stenographers, messengers and other persons
4. P5 - Political parties actually employed in the campaign
4. Telegraph and telephone tolls, postage, freight
Lawful Expenditures and express delivery charges
No candidate or treasurer of a party shall, directly 5. Stationary, printing and distribution of printed
or indirectly, make any expenditure except for the matters relative to candidacy
following purposes: 6. Employment of watchers at the polls
(a) For traveling expenses of the candidates and 7. Rent, maintenance and furnishing of campaign
campaign personnel in the course of the HQ, office, or place of meetings
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8. Political meetings and rallies 108, OEC]

9. Advertisements
10. Employment of counsel Consequences for the Non-Filing of SOCE
11. Printing sample ballots No person elected to any public offices shall enter
12. Copying and classifying list of voters, upon the duties of his office until he has filed the
investigating and challenging the right to vote statement of contributions and expenditures herein
of persons registered in the lists required.

The same prohibition shall apply if the political

Note: The expenses for (9), (10), (11) are not party which nominated the winning candidate fails
charged against the allowable expenditure limits. to file the statement required herein within the
period prescribed by this Act.
The phrase “those incurred or caused to be
incurred by the candidate” is sufficiently adequate Except candidates for elective barangay office,
to cover those expenses which are contributed failure to file the statements or reports in
or donated in the candidate’s behalf. By virtue of connection with electoral contributions and
the legal requirement that a contribution or expenditures are required herein shall constitute
donation should bear the written conformity of the an administrative offense for which the offenders
candidate, a contributor/ supporter/ donor certainly shall be liable to pay an administrative fine ranging
qualifies as any person authorized by such from One thousand pesos (P1,000.00) to Thirty
candidate or treasurer. (Ejercito v. COMELEC, thousand pesos (P30,000.00), in the discretion of
G.R. No. 212398, Nov. 25, 2014) the Commission.

Reporting of Contributions and Expenditures The fine shall be paid within thirty (30) days from
Statement of Contributions and Expenditures receipt of notice of such failure; otherwise, it shall
(SOCE). Not later than thirty (30) days after the be enforceable by a writ of execution issued by the
day of election, every candidate shall file in Commission against the properties of the offender.
triplicate with the offices of the Commission where It shall be the duty of every city or municipal
he filed his certificate of candidacy except for election registrar to advise in writing, by personal
national positions which should be filed with the delivery or registered mail, within five (5) days from
Campaign Finance Unit, a full, true and itemized the date of election all candidates residing in his
statement of all contributions and expenditures in jurisdiction to comply with their obligation to file
connection with the elections. [Also Sec. 14, RA their statements of contributions and expenditures.
7166] Within the same period, the treasurer of [Also Sec. 1, Rule 8, COMELEC Resolution No.
every party that participated in the elections shall 9476 s.2012]
file with the Campaign Finance Unit of the
COMELEC the party's statement of election For the commission of a second or subsequent
contributions and expenditures. If the statement is offense under this section, the administrative fine
sent by mail, it shall be by registered mail, and the shall be from Two thousand pesos (P2,000.00) to
date on which it was registered with the post office Sixty thousand pesos (P60,000.00), in the
may be considered as the filing date thereof if discretion of the Commission. In addition, the
confirmed on the same date by telegram or offender shall be subject to perpetual
radiogram addressed to the office or official with disqualification to hold public office. [Sec. 14,
whom the statement should be filed, which RA 7166]
telegram or radiogram shall indicate the registry
receipt number of such registered mail. Moreover, that Congress has deemed fit to impose
the penalty of perpetual disqualification on
The Regional Election Director of the National candidates who repeatedly failed to file their
Capital Region, Provincial Election Supervisors SOCEs cannot be the subject of judicial inquiry.
and Election Officers concerned shall, not later Congress has the absolute discretion to penalize
than fifteen (15) days after the last day for the filing by law with perpetual disqualification from holding
of the Statements of Contributions and public office in addition to administrative fines the
Expenditures, send to the Campaign Finance Unit, seekers of public office who fail more than once to
Commission on Elections, Manila, duplicate copies file their SOCEs. Such penalty is intended to
of all statements filed with them. [Sec. 2, Rule 8, underscore the need to file the SOCE as another
COMELEC Resolution No. 9476 s.2012 citing Sec. means of ensuring the sanctity of the electoral
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process. [Maturan v. COMELEC, GR No. 227155, basis of a verified petition by any interested party
2017] and after due notice and hearing, call for the
holding or continuation of the election not held,
F. ELECTION CONTROVERSIES AND suspended or which resulted in a failure to elect on
REMEDIES a date reasonably close to the date of the election
not held, suspended or which resulted in a failure
1. CONTROVERSIES AND REMEDIES to elect but not later than thirty days after the
BEFORE PROCLAMATION cessation of the cause of such postponement or
suspension of the election or failure to elect. [Sec.
a. Postponement of Election
6, OEC]
COMELEC Can Postpone an Election.
Thus: There is a failure to elect when nobody can
When for any serious cause such as violence,
terrorism, loss or destruction of election be declared as a winner because the will of the
paraphernalia or records, force majeure, and other majority has been defiled and cannot be
analogous causes of such a nature that the holding ascertained.
of a free, orderly and honest election should
When Failure of Elections May Be Declared:
become impossible in any political subdivision, the
(SNR)
Commission, motu proprio or upon a verified
1. Election was Suspended before the hour fixed
petition by any interested party, and after due
by law for the closing of the voting
notice and hearing, whereby all interested parties 2. Election in any polling place was Not held on
are afforded equal opportunity to be heard, shall the date fixed
postpone the election therein to a date which 3. Elections Results in a failure to elect (after the
should be reasonably close to the date of the voting and during the preparation and
election not held, suspended or which resulted in a transmission of the election returns or in the
failure to elect but not later than thirty days after the custody or canvass thereof). (Carlos v.
cessation of the cause for such postponement or Angeles, G.R. No. 142907, Nov. 29, 2000).)
suspension of the election or failure to elect. [Sec.
5, OEC] Grounds: (V-F2AT)
Force majeure Fraud
THUS: When for any serious cause such as Violence Terrorism
violence, loss of election paraphernalia, force Analogous circumstances
majeure, and other analogous causes elections (Carlos v. Angeles, G.R. No. 142907, Nov. 29,
cannot be held, COMELEC shall motu proprio or 2000).)
upon petition by any interested party postpone the
election not later than 30 days after the cessation
POSTPONEMENT FAILURE OF
of the cause of the postponement (Omnibus
OF ELECTIONS ELECTIONS
Election Code, § 5.)
Grounds Any SERIOUS Force majeure
b. Failure of Election cause of:
Violence
COMELEC Can Declare a Failure of Election. If, Force majeure
on account of force majeure, violence, terrorism, Fraud
fraud, or other analogous causes the election in Violence
Terrorism
any polling place has not been held on the date
Terrorism
fixed, or had been suspended before the hour fixed Analogous
by law for the closing of the voting, or after the Loss or
voting and during the preparation and the destruction of
transmission of the election returns or in the
custody or canvass thereof, such election results in election
a failure to elect, and in any of such cases the
failure or suspension of election would affect the paraphernalia
result of the election, the Commission shall, on the
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Analogous contribution prohibited under Sections 89, 95, 96,

97 and 104; or (e) violated any of Sections 80, 83,
Extent of Serious and Failure to elect and 85, 86 and 261, paragraphs d, e, k, v, and cc, sub-
Cause impossibility to affects results of paragraph 6, shall be disqualified from continuing
have free and elections
as a candidate, or if he has been elected, from
orderly
holding the office. Any person who is a permanent
elections
resident of or an immigrant to a foreign country
Grounds must Grounds may shall not be qualified to run for any elective office
Conditions
exist before occur anytime under this Code, unless said person has waived his
voting status as permanent resident or immigrant of a
foreign country in accordance with the residence
Authority Majority vote of COMELEC en banc requirement provided for in the election laws. [Sec.
68, OEC]
Procedural Verified Verified petition by
Requirements petition by any any interested 2) For Being a Nuisance. The Commission may
interested person (may not motu proprio or upon a verified petition of an
person or motu be done motu interested party, refuse to give due course to or
propio by propio) cancel a certificate of candidacy if it is shown that
COMELEC en
said certificate has been filed to put the election
banc Due notice
process in mockery or disrepute or to cause
Due notice Hearing confusion among the voters by the similarity of the
names of the registered candidates or by other
Hearing circumstances or acts which clearly demonstrate
that the candidate has no bona fide intention to run
Effect if Election is Declaration of for the office for which the certificate of candidacy
Petition postponed failure of elections has been filed and thus prevent a faithful
Granted Conduct Holding or determination of the true will of the electorate. [Sec.
elections continuation of
69, OEC]
reasonably elections
close to reasonably close
THUS: COMELEC may motu proprio or upon
elections not to elections not
verified petition of any interested party refuse to
held, but not held, but not later
give due course or cancel a COC when:
later than 30 than 30 days from 1. The COC has been filed to put the election
days from cessation of cause process in mockery or disrepute
cessation of 2. Causes confusion among the voters by the
cause similarity of the names of the registered
candidates
3. Other circumstances which clearly
demonstrate that the candidate has no bona
c. Disqualification Petitions fide intention to run for the office.

1) For Commission of Election Offenses. Any 3) For False Material Representation. A verified
candidate who, in an action or protest in which he petition seeking to deny due course or to cancel a
is a party is declared by final decision of a certificate of candidacy may be filed by the person
competent court guilty of, or found by the exclusively on the ground that any material
Commission of having (a) given money or other representation contained therein as required under
material consideration to influence, induce or Section 74 hereof is false. The petition may be filed
corrupt the voters or public officials performing at any time not later than twenty-five days from the
electoral functions; (b) committed acts of terrorism time of the filing of the certificate of candidacy and
to enhance his candidacy; (c) spent in his election shall be decided, after due notice and hearing, not
campaign an amount in excess of that allowed by later than fifteen days before the election. [Sec. 78,
this Code; (d) solicited, received or made any OEC]
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competent authority.
NOTE: 1) This is usually in the form of a “Petition 8. Sentenced by final judgment for subversion,
to deny or cancel COC because of an ineligibility insurrection, rebellion or an offense which he
like age or residency and the COMELEC has has been sentenced to a penalty of more than
consistently treated the same as a Petition for 18 months, or a crime involving moral
turpitude, unless given plenary pardon/
disqualification.
amnesty.
Denial or cancellation of Certificate of Candidacy The use of a foreign passport amounts to
proceedings involves the issue of whether there is repudiation or recantation of the oath of
a false representation of a material fact. The false renunciation. Matters dealing with qualifications for
representation must necessarily pertain not to a public elective office must be strictly complied with.
mere innocuous mistake but to a material fact or A candidate cannot simply be allowed to correct the
those that refers to a candidate’s qualification for deficiency in his qualification by submitting another
elective office. (Panlaqui v. COMELEC, G.R. No. oath of renunciation. (Arnado v. COMELEC, G.R.
188671, Feb. 24, 2010.) No. 210164, Aug. 18, 2015.)
Aspects of Disqualification Cases The petitioner's continued exercise of his rights as a
citizen of the USA through using his USA passport
Electoral Aspect after the renunciation of his USA citizenship
Whether or not the offender should be disqualified reverted him to his earlier status as a dual citizen.
from being a candidate or from holding office Such reversion disqualified him from being elected
Proceedings are summary in character and require to public office. (Agustin v. COMELEC, G.R. No.
only a clear preponderance of evidence 207105, Nov 10, 2015.)
An erring candidate may be disqualified even
without prior determination of probable cause in a Disqualifications under the LGC: (MAO-PDF)
preliminary investigation 1. Sentenced by final judgment for an offense
involving Moral turpitude or for an offense
Criminal Aspect punishable by 1 year or more of imprisonment
Whether or not there is probable cause to within 2 years after serving sentence.
charge a candidate for an election offense: 2. Removed from office as a result of an
The prosecutor is the COMELEC, through its Law Administrative case.
Department which determines whether or not 3. Convicted by final judgment for violating the
probable cause exists. Oath of allegiance to the Republic.
4. Fugitives from justice in criminal or non-
If there is probable cause: political cases here or abroad.
The COMELEC’s Law Department files the criminal 5. Dual allegiance.
information before the proper court 6. Permanent residents in a foreign country or
Proceedings before the proper court demand a full those who have acquired the right to reside
blown hearing and require proof beyond abroad and continue to avail of the same right.
reasonable doubt to convict.
A candidate is ineligible if he is disqualified to be
A criminal conviction shall result in the elected to office, and he is disqualified if he lacks
disqualification of the offender, which may even any of the qualifications for elective office. Even if
include disqualification from holding a future public the COMELEC made no finding that the petitioner
office. had deliberately attempted to mislead or to
misinform as to warrant the cancellation of his CoC,
Grounds for Disqualification: (LF2-SEND2) the COMELEC could still declare him disqualified
1. Lacking qualifications. for not meeting the requisite eligibility under the
2. Filing a CoC for more than 1 office Local Government Code. (Agustin v. COMELEC,
3. False and material representation in the CoC. G.R. No. 207105, Nov. 10, 2015.)
4. Disqualifications under the LGC.
5. Nuisance candidate. Petition for Disqualification (Sec. 68) v. Petition
6. Election offenses enumerated under Section to Deny Due Course/Cancel CoC (Sec. 78):
68 of the Omnibus Election Code There are two remedies available to prevent a
7. Declared insane or incompetent by candidate from running in an electoral race. One is
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through a petition for disqualification and the other Premised on Section Grounded on a
through a petition to deny due course to or cancel
12 or 68 of the statement of a
a certificate of candidacy. The Court differentiated
the two remedies in Fermin v. Commission on Omnibus Election material
Elections, thus wise: x x x A petition for Code, or Section 40 of representation in the
omnibus disqualification, on the one hand, can be premised the Local Government said certificate that is
election on Section 12 or 68 of the OEC, or Section 40 of Code false.
code the Local Government Code. On the other hand, a
petition to deny due course to or cancel a CoC can A person who is The person whose
only be grounded on a statement of a material
disqualified under certificate is cancelled
representation in the said certificate that is false.
The petitions also have different effects. While a Section 68 is merely or denied due course
person who is disqualified under Sec. 68 is merely prohibited to continue under Section 78 is
prohibited to continue as a candidate, the person as a candidate. not treated as a
whose certificate is cancelled or denied due course candidate at all, as if
under Sec. 78 is not treated as a candidate at all, he/she never filed a
as if he/she never filed a CoC.
CoC.
In the event that a candidate is disqualified to run
for a public office, or dies, or withdraws his CoC Thus, a candidate who A person whose CoC
before the elections, Section 77 of the Omnibus is disqualified under has been denied due
Election Code provides the option of substitution. Section 68 can validly course or cancelled
Nonetheless, whether the ground for substitution is be substituted under under Section 78
death, withdrawal or disqualification of a candidate, Section 77 of the OEC cannot be substituted
Section 77 of the Omnibus Election Code
because he/she because he/she is
unequivocally states that only an official candidate
of a registered or accredited party may be remains a candidate never considered a
substituted. until disqualified. candidate. (Tagolino
v. HRET, G.R. No.
It is underscored, however, that a Section 78 Note: However, if the 202202, Mar. 19,
petition should not be interchanged or confused candidate is 2013.)
with a Section 68 petition. The remedies under the disqualified after
two sections are different, for they are based on assumption of office, Note: If the CoC of the
different grounds, and can result in different he shall vacate the candidate was denied
eventualities. A person who is disqualified
under Section 68 is prohibited to continue as a position and or cancelled in due
candidate, but a person whose CoC is succession under course after he has
cancelled or denied due course under Section LGC shall apply as assumed office, he
78 is not considered as a candidate at all ruled. shall vacate the
because his status is that of a person who has position and the
not filed a CoC. Miranda v. Abaya has clarified second placer will be
that a candidate who is disqualified under
declared as winner.
Section 68 can be validly substituted pursuant
to Section 77 because he remains a candidate
until disqualified; but a person whose CoC has
The Declared Winner When Winning Candidate
been denied due course or cancelled under
Section 78 cannot be substituted because he is is Disqualified or Fails to Qualify
not considered a candidate. [Talaga v.
COMELEC, GR No. 196804, 9 Oct 2012] 1) The law expressly declares that a candidate
disqualified by final judgment before an election
Thus: cannot be voted for, and votes cast for him shall not
PETITION TO DENY be counted. This is a mandatory provision of law.
PETITION FOR
DUE COURSE/ Section 6 of Republic Act No. 6646, The Electoral
DISQUALIFICATION
CANCEL CoC (SEC. Reforms Law of 1987, states: Sec. 6. Effect of
(SEC. 68)
78) Disqualification Case.— “Any candidate who has
been declared by final judgment to be disqualified
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shall not be voted for, and the votes cast for him who turn out to be ineligible, their victory is voided
shall not be counted. If for any reason a candidate and the laurel is awarded to the next in rank who
is not declared by final judgment before an election does not possess any of the disqualifications nor
to be disqualified and he is voted for and receives lacks any of the qualifications set in the rules to be
the winning number of votes in such election, the eligible as candidates.
Court or Commission shall continue with the trial
and hearing of the action, inquiry, or protest and, 4) In Halili v. COMELEC (2019), the SC ruled that
upon motion of the complainant or any intervenor, in case of vacancies caused by those with void ab
may during the pendency thereof order the initio COCs, the person legally entitled to the
suspension of the proclamation of such candidate vacant position would be the candidate who
whenever the evidence of his guilt is strong.” garnered the next highest number of votes among
Section 6 of the Electoral Reforms Law of 1987 those eligible. Citing Jalosjos, Jr. v. Commission on
covers two situations. The first is when the Elections (2012), the SC explained: “Decisions of
disqualification becomes final before the elections, this Court holding that the second-placer cannot be
which is the situation covered in the first sentence proclaimed winner if the first-placer is disqualified
of Section 6. The second is when the or declared ineligible should be limited to situations
disqualification becomes final after the elections, where the certificate of candidacy of the first-placer
which is the situation covered in the second was valid at the time of filing but subsequently had
sentence of Section 6. [Talaga v. COMELEC, GR to be cancelled because of a violation of law that
No. 196804, 9 Oct 2012] took place, or a legal impediment that took effect,
after the filing of the certificate of candidacy. If the
NOTE: Thus, in Talaga v. COMELEC, IT certificate of candidacy is void ab initio, then legally
DEPENDS on when the disqualification became the person who filed such void certificate of
final: candidacy was never a candidate in the elections
at any time. All votes for such non-candidate are
2) If NOT FINAL BEFORE election = hence, still a stray votes and should not be counted. Thus, such
candidate = second-placer is not the winner non-candidate can never be a first-placer in the
(Doctrine of Rejection of Second-Placer); elections. If a certificate of candidacy void ab
succession rules will apply; 2) If FINAL BEFORE initio is cancelled on the day, or before the day,
election = hence, not a candidate = second-placer of the election, prevailing jurisprudence holds
wins because he/she gets next highest votes that all votes for that candidate are stray votes.
among the qualified candidates. If a certificate of candidacy void ab initio is
cancelled one day or more after the elections,
3) However, the SC in Maquiling v. COMELEC all votes for such candidate should also be
(2013) declared the second-placer as winner even stray votes because the certificate of
if the disqualified candidate continued to be a candidacy is void from the very beginning. This
candidate (no final disqualification) and was even is the more equitable and logical approach on the
proclaimed as the winner, to wit: the votes cast in effect of the cancellation of a certificate of
favor of the ineligible candidate are not considered candidacy that is void ab initio.”
at all in determining the winner of an election. Even
when the votes for the ineligible candidate are Petition to Deny Due Course/ Cancel CoC
disregarded, the will of the electorate is still (Before Elections) v. Quo Warranto (After
respected, and even more so. The votes cast in Election Results)
favor of an ineligible candidate do not constitute the PETITION TO
sole and total expression of the sovereign voice. DENY DUE
PETITION FOR QUO
The votes cast in favor of eligible and legitimate COURSE/
WARRANTO
candidates form part of that voice and must also be CANCEL CoC
(AFTER PROCLAMATION)
(BEFORE
respected. As in any contest, elections are
ELECTIONS)
governed by rules that determine the qualifications
and disqualifications of those who are allowed to 1. The qualifications 1. May be brought
participate as players. When there are participants for elective office on the basis of two

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are grounds to elevate it to this Court via a petition for certiorari

misrepresented in a. ineligibility or under Rule 65 of the Rules of Court. (Cagas v.
the certificate of b. disloyalty to COMELEC, G.R. No. 194139, Jan. 24, 2012.)
candidacy the Republic
of the Removal of Disqualification Plenary Pardon
2. The proceedings
Philippines The phrase in the presidential pardon which
must be initiated
2. must be initiated declares that the person "is hereby restored to his
before the
within ten days civil and political rights" substantially complies with
elections.
after the the requirement of express restoration of his right
proclamation of to hold public office, or the right of suffrage. Articles
the election 36 and 41 of the Revised Penal Code should be
results. construed in a way that will give full effect to the
3. A candidate is executive clemency granted by the President,
ineligible if he is instead of indulging in an overly strict interpretation
disqualified to be that may serve to impair or diminish the import of
elected to office, the pardon which emanated from the Office of the
and he is President and duly signed by the Chief Executive
disqualified if he himself/herself. The said codal provisions must be
lacks any of the construed to harmonize the power of Congress to
qualifications for define crimes and prescribe the penalties for such
elective office. crimes and the power of the President to grant
executive clemency. All that the said provisions
A COMELEC resolution declaring a candidate impart is that the pardon of the principal penalty
disqualified for the said position is not yet final if a does not carry with it the remission of the
motion for reconsideration has been timely filed. At accessory penalties unless the President expressly
that point, he still remains qualified and his includes said accessory penalties in the pardon. It
proclamation thereafter is valid. As a result, still recognizes the Presidential prerogative to grant
COMELEC's jurisdiction to contest his citizenship executive clemency and, specifically, to decide to
ends, and the HRET's own jurisdiction begins. pardon the principal penalty while excluding its
(Gonzales v. COMELEC, G.R. No. 192856, Mar. 8, accessory penalties or to pardon both. Thus,
2011.) Articles 36 and 41 only clarify the effect of the
pardon so decided upon by the President on the
A party aggrieved by an interlocutory order issued penalties imposed in accordance with law. (Risos-
by a Division of the COMELEC in an election Vidal v. COMELEC, G.R. No. 206666, Jan. 21,
protest may not directly assail the order in this 2015.)
Court through a special civil action for certiorari.
The remedy is to seek the review of the A whereas clause in a pardon which states that the
interlocutory order during the appeal of the decision person “publicly committed to no longer seek any
of the Division in due course. The court may have elective position or office” does not make the
the power to review any decision, order or ruling of pardon conditional. Whereas clauses do not form
the COMELEC, limits such power to a final decision part of a statute because, strictly speaking, they are
or resolution of the COMELEC en banc, and does not part of the operative language of the statute.
not extend to an interlocutory order issued by a The whereas clause is not an integral part of the
Division of the COMELEC. Otherwise stated, the decree of the pardon, and therefore, does not by
Court has no power to review on certiorari an itself alone operate to make the pardon conditional
interlocutory order or even a final resolution or to make its effectivity contingent upon the
issued by a Division of the COMELEC. Where fulfillment of the aforementioned commitment nor
the Commission in division committed grave abuse to limit the scope of the pardon. (Risos-Vidal v.
of discretion or acted without or in excess of COMELEC, G.R. No. 206666, Jan. 21, 2015.)
jurisdiction in issuing interlocutory orders relative to
an action pending before it and the controversy did Former President Estrada was granted an absolute
not fall under any of the instances mentioned in pardon that fully restored all his civil and political
Section 2, Rule 3 of the COMELEC Rules of rights, which naturally includes the right to seek
Procedure, the remedy of the aggrieved party is not public elective office. The wording of the pardon
to refer the controversy to the Commission en banc extended to him is complete, unambiguous, and
as this is not permissible under its present rules but unqualified. The fact that the pardon did not specify
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the specific rights restored does not mean that proclamation controversies refer to matters relating
GMA did not intend to restore his right to suffrage. to the preparation, transmission, receipt, custody
(Risos-Vidal v. COMELEC, G.R. No. 206666, Jan. and appearance of election returns and certificates
21, 2015.) of canvass.
3) Any question pertaining to or affecting the
The disqualification from running for public office
proceedings of the Board of Canvassers which may
due to libel shall be removed after service of the
five-year sentence, which is counted from the date be raised by any candidate or registered political
the fine is paid. (Ty-Delgado v. HRET, G.R. No. party, or coalition. (Macabago v. COMELEC, G.R.
219603, Jan. 26, 2016.) No. 152163, Nov. 18, 2002)

To resolve the tie, there shall be drawing of lots. Election Return

Whenever it shall appear from the canvass that two A document in electronic and printed form directly
or more candidates have received an equal and produced by the counting or voting machine,
highest number of votes, or in cases where two or showing the date of the election, the province,
more candidates are to be elected for the same municipality and the precinct in which it is held and
position and two or more candidates received the
the votes in figures for each candidate in a precinct
same number of votes for the last place in the
number to be elected, the board of canvassers, in areas where AES is utilized. [Sec. 2(4), RA 8436
after recording this fact in its minutes, shall by as amended by RA 9369] NOTE: This is the report
resolution, upon five days’ notice to all the tied on the votes PER PRECINCT that is transmitted to
candidates, hold a special public meeting at which the board of canvassers for tabulation.
the board of canvassers shall proceed to the
drawing of lots of the candidates who have tied and Certificate of Canvass
shall proclaim as elected the candidates who may A document in electronic and printed form
favored by luck, and the candidates so proclaimed containing the total votes in figures obtained by
shall have the right to assume office in the same each candidate in a city / municipality / district /
manner as if he had been elected by plurality of
province as the case may be. The electronic
votes. The board of canvassers shall forthwith
make a certificate stating the name of the certificates of canvass shall be the official canvass
candidate who had been favored by luck and his results in the aforementioned jurisdictions. [Sec.
proclamation on the basis thereof. Nothing in this 2(6), RA 8436 as amended by RA 9369] NOTE:
section shall be construed as depriving a candidate This is the report on the votes per city / municipality
of his right to contest the election. (Omnibus / district / province based on the Election Returns
Election Code, § 240.; Tugade v. COMELEC, G.R. that is canvassed or tabulated at the local and
No. 171063, Mar. 2, 2007.) national level.
d. Pre-Proclamation Controversies
Statement of Votes
Definition of a Pre-Proclamation Controversy A document containing the votes obtained by
1) A pre-proclamation controversy refers to any candidates in each precinct in a city/municipality.
question pertaining to or affecting the proceedings [Sec. 2(5), RA 8436 as amended by RA 9369]
of the board of canvassers which may be raised by NOTE: This is another report generated at the
any candidate or by any registered political party or canvassing stage containing the votes breakdown
coalition of political parties before the board or per precinct for national (e.g. party-list) and local
directly with the Commission, or any matter raised (e.g. mayor) races. It supports the Certificate of
under Sections 233 (Election Returns are delayed, Canvass that serves as the basis for proclamation.
lost, and destroyed), 234 (Material Defects in the
Election Returns), 235 (Election Returns appear to Although not specifically included in Sec. 243,
be falsified or tampered) and 236 (Discrepancies in OEC, the SC in Ramirez v. COMELEC, GR No.
Election Returns) in relation to the preparation, 122013, 26 March 1997 recognized that petition for
transmission, receipt, custody and appreciation of the correction of entries in a Statement of Votes is
the election returns. [Sec. 241, OEC] a pre-proclamation controversy and can be filed
2) Under Republic Act No. 7166, providing for directly with the COMELEC en banc, to wit: "By
synchronized national and local elections, pre- now it is settled that election cases which include
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pre-proclamation controversies must first be heard and these would affect results of the
and decided by a division of the Commission — election
and a petition for correction of manifest error in the i. Order opening of ballot boxes for
Statement of Votes, like SPC No. 95-198 is a pre- recount
proclamation controversy — in none of the cases 4. ERs prepared under duress, threats,
coercion, intimidation, obviously
cited to support this proposition was the issue the
manufactured
correction of a manifest error in the Statement of • “Obviously manufactured” -
Votes under 231 of the Omnibus Election Code According to the Court, when it
(B.P. Blg. 881) or §15 of R.A. No. 7166. On the follows the doctrine of statistical
other hand, Rule 27, §5 of the 1993 Rules of the improbabilities or “Statistically
COMELEC expressly provides that pre- improbable data”.
proclamation controversies involving, inter alia, 5. Substitute or fraudulent returns in
manifest errors in the tabulation or tallying of the controverted polling places are canvassed,
results may be filed directly with the COMELEC en and the results materially affect the standing
banc.” of candidates. (Omnibus Election Code, §
243.)
Grounds for Pre-Proclamation Controversies:
NOTE: Grounds for pre-proclamation
1. Illegal composition or proceedings of the
controversies are exclusive.
board of canvassers
a. Filed with the BOC or with COMELEC
b. Within 3 days from a ruling (if based on General Rule: COMELEC cannot go behind the
illegal proceedings), or as soon as the face of an election return. It is beyond the
Board begins to act. jurisdiction of COMELEC to go beyond the face of
2. Irregularities in relation to the preparation, the returns or investigate election irregularities.
transmission, receipt, custody, and
appreciation of election returns and Exception: When there is prima facie showing that
certificates of canvass: the ER is not genuine (e.g., as when several entries
a. ERs are delayed, lost or destroyed have been omitted). (Lee vs. COMELEC, G.R. No.
b. Material defects in the ERs 157004, Jul. 4, 2003.)
c. ERs appear to be tampered with or
falsified Grounds For Material Defects:
d. Discrepancies in the ERs 1. Omission of name of candidates
3. Canvassed returns are incomplete, contain 2. Omission of votes for candidates
material defects
a. ERs are delayed, lost, destroyed Material Defect v. Falsified/Tampered
i. In this case, the Board can use any
ERs HAVE BEEN
of the authentic copies MATERIAL DEFECT
ii. Or terminate canvass if the missing FALSIFIED/
IN THE ERs
returns will not affect the results TAMPERED
anyway BOC needs authority BOC needs no prior
b. Missing requisites from COMELEC to get permission from the
i. Board calls for members of the BEI copies of the other COMELEC to get
to complete or correct the return. DO
ERs copies of the other
NOT EXCLUDE, if correctable
c. ERs are tampered, falsified, altered after ERs
these left the hands of BEI, not authentic,
prepared under duress, force,
intimidation, etc. Jurisdiction:
i. Resort to other ERs Contested composition or proceedings of the board
ii. If all are tampered, can have ballot - May be initiated in the Board of canvassers or
boxes reopened and counted COMELEC Contested ERs - Should be brought in
d. Discrepancies in other authentic copies
the 1st instance before the board of canvassers
of the returns or discrepancies in the
votes of any candidate in words/figures – only.

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General Rule: When the Electoral Tribunal obtains party.

jurisdiction, it precludes the COMELEC from (Sarmiento v. COMELEC, G.R. No.
exercising powers over pre-proclamation 105628, Aug. 6, 1992.)
controversies.
Exceptions: Proceedings may continue if:

1. COMELEC determines that the petition is

Exceptions: (PAPI-Q) meritorious and issues an order for the
1. BOC was Improperly constituted proceedings to continue.
2. Proclamation was null and void 2. The SC issues an order for the proceedings
3. Quo warranto is not the proper remedy to continue in a petition for certiorari.
4. What was filed was a Petition to annul a (Sarmiento v. COMELEC, G.R. No.
proclamation, and not quo warranto or election 105628, Aug. 6, 1992.)
protest.
5. Election contest expressly made without Where a proclamation is null and void, the
prejudice to PPC or it was made Ad cautelam proclamation is no proclamation at all and the
(cautionary). proclaimed candidate’s assumption of office
cannot deprive the COMELEC of the power to
In exercising its powers and jurisdiction, as defined declare such nullity and annul the proclamation.
by its mandate to protect the integrity of elections, (Federico v. COMELEC, G.R. No. 199612, Jan. 22,
the COMELEC “must not be straight-jacketed by 2013).
procedural rules in resolving election disputes.”
(Violago v. COMELEC, G.R. No. 194143, Oct. 4, But the remedy of filing a pre-proclamation case is
2011.) still available after proclamation if the proclamation
should have been suspended because of
Two Objection Rule - Submit oral objection and contested election returns. (Jainal vs. COMELEC,
written objection simultaneously to BOC G.R. No. 174551, Mar. 7, 2007.)
chairperson before ERs have been canvassed.
There is substantial compliance even if the oral Grounds for Recount:
objection is filed first, then the written objection with 1. Material defects in the ERs
evidence is submitted within 24 hours. 2. ERs are tampered or falsified
3. Discrepancies in the ERs
However, in Marabur vs. COMELEC, the Court (Omnibus Election Code, § 236.)
held that there is substantial compliance if despite
the absence of a written objection, an offer of When Recount is Possible:
evidence is made within the 24-hour period. 1. COMELEC order BEI to conduct recount
(Marabur vs. COMELEC, G.R. No. 169513, Feb. 2. Integrity and identity of ballot box is not
26, 2007.) violated
3. BEI ascertains that integrity of ballots in box
Summary Nature: preserved
• Pre-proclamation controversies shall be heard 4. BEI recounts and complete/correct returns
summarily by the COMELEC.
• Its decision shall be executory after 5 days from In regular election contests, the general averment
receipt by the losing party of the decision, of fraud or irregularities in the counting of votes
unless restrained by the SC. (Omnibus justifies the examination of the ballots and
Election Code, § 246.) recounting of votes. This process of examination is
the revision of the ballots pursuant to Section 6,
General Rule: Pre-proclamation cases are Rule 20 of the 1993 COMELEC Rules of
deemed terminated: Procedure. The protests involved herein assailed
the authenticity of the election returns and the
1. At the beginning of the term of the office veracity of the counting of the ballots. In that
involved and the rulings of the BOC regard, the ballots themselves are the best
concerned deemed affirmed. evidence. The only means to overcome the
2. This is without prejudice to the filing of a presumption of legitimacy of the election returns is
regular election protest by the aggrieved to examine and determine first whether the ballot

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boxes have been substantially preserved in the there is no appeal, nor any plain, speedy, and
manner mandated by law. Hence, the necessity to adequate remedy in the ordinary course of law.
issue the order of revision. Note: The COMELEC (Bulilis v. Nuez, G.R. No. 195953, Aug. 9, 2011).
did not commit grave abuse of discretion when it
ordered the revision of 44 ballots with the Senate Pre-Proclamation Issues
Electoral Tribunal without first resolving whether 16
The following shall be proper issues that may be
of those 44 ballots should be included in the
revision. (Tolentino v. COMELEC, G.R. No. raised in a pre-proclamation controversy:
187958, Apr. 7, 2010) 1) Illegal composition or proceedings of the board
of canvassers;
Statistically Improbable Data
1. Uniformity of tally in favor of candidates Illegal Composition of the Board of Canvassers. —
belonging to 1 party. There is illegal composition of the BOC when,
2. Systematic blanking out of candidates among other similar circumstances, any of the
belonging to another party. members do not possess legal qualifications and
appointments. The information technology capable
General Rule: Pre-proclamation cases are NOT person required to assist the BOC by Republic Act
allowed in elections for the President, Vice No. 9369 shall be included as among those whose
President, Senator and members of the House of
lack of qualifications may be questioned. [Sec. 1,
Representatives.
COMELEC Resolution No. 8804, March 22, 2010]
Exceptions: Illegal Proceedings of the Board of Canvassers. —
1. Manifest Errors in the ERs or COCs may be There is illegal proceedings of the BOC when the
corrected motu proprio or upon written canvassing is a sham or mere ceremony, the
complaint of any interested person. results of which are pre-determined and
2. Questions affecting the composition or manipulated as when any of the following
proceedings of the board of canvassers may circumstances are present: a) precipitate
be initiated in the board or directly with the canvassing; b) terrorism; c) lack of sufficient notice
Commission in accordance with Section 19 to the members of the BOC's; d) Improper venue.
(R.A. No. 7166). [Sec. 2, COMELEC Resolution No. 8804, March
22, 2010]
Manifest Errors:
1. Mistake in adding 2) The canvassed election returns are incomplete,
2. Mistake in copying of figures from ER or
contain material defects, appear to be tampered
Statement of Votes
3. ERs from non-existent precinct canvassed with or falsified, or contain discrepancies in the
4. Copy of ER tabulated more than twice same returns or in other authentic copies thereof
5. 2 or more copies of ER and COC in 1 precinct as mentioned in Sections 233 (Election Returns
counted separately are delayed, lost, and destroyed), 234 (Material
Defects in the Election Returns), 235 (Election
The grounds for manifest errors are inclusive. The Returns appear to be falsified or
allowable margin of error is 60%. tampered) and 236 (Discrepancies in Election
It suspends the running of the period within which to Returns) of this Code;
file an election protest or quo warranto proceeding.
3) The election returns were prepared under
Notwithstanding the pendency of any pre-
proclamation controversy, the Commission may duress, threats, coercion, or intimidation, or they
summarily order the proclamation of other winning are obviously manufactured or not authentic; and
candidates whose election will not be affected by
the outcome of the controversy. 4) When substitute or fraudulent returns in
controverted polling places were canvassed, the
An aggrieved party may file a petition for certiorari results of which materially affected the standing of
with the COMELEC whenever a judge hearing an the aggrieved candidate or candidates. [Sec. 243,
election case has acted without or in excess of his OEC]
jurisdiction or with grave abuse of discretion and
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COMELEC Action relating to the preparation, transmission, receipt,

COMELEC may motu proprio or upon written custody and appreciation of election returns or
petition, and after due notice and hearing, order the certificates of canvass are still prohibited. As with
partial or total suspension of the proclamation of other general rules, there are recognized
any candidate-elect or annul partially or totally any exceptions to the prohibition, namely: (1) correction
proclamation, if one has been made. [Sec. 242, of manifest errors; (2) questions affecting the
OEC] composition or proceedings of the board of
canvassers; and (3) determination of the
All pre-proclamation controversies shall be heard authenticity and due execution of certificates of
summarily by the Commission after due notice and canvass as provided in Section 30 of Republic Act
hearing, and its decisions shall be executory after No. 7166, as amended by Republic Act No. 9369.”
the lapse of five days from receipt by the losing
party of the decision of the Commission, unless “Manifest Errors” — Matters regarding the
restrained by the Supreme Court. [Sec. 246, OEC] preparation, transmission, receipt, custody, and
appreciation election returns shall be brought, in
COMELEC Partial Proclamation the first instance, before the boards of canvassers,
Notwithstanding the pendency of any pre- not the COMELEC. [Fernandez vs. COMELEC,
proclamation controversy, the Commission may, G.R. No. 171821, Oct. 9, 2006]
motu proprio or upon the filing of a verified petition
and after due notice and hearing, order the e. Board of Election Inspectors and Board of
proclamation of other winning candidates whose Canvassers
election will not be affected by the outcome of the
controversy. [Sec. 247, OEC] COMPOSITION

Pre-Proclamation Controversies for Provincial

National Elective Offices
As a general rule, there are no pre-proclamation 1. Provincial election supervisor of lawyer in the
regional office of the COMELEC (Chairman);
issues for national elective offices, BUT there are
2. Provincial fiscal (vice)
now recognized exceptions under RA 9369 3. Provincial superintendent of schools
amending RA 7166 as applied and ruled by the (member)
Supreme Court in Pimentel III v. COMELEC, GR 4. Substitute members (in order):
No. 178413, 13 March 2008, to wit: a. Provincial auditor
b. Register of Deeds
“Indeed, this Court recognizes that by virtue of the c. Clerk of Court nominated by executive
amendments introduced by Republic Act No. 9369 judge
to Sections 15 and 30 of Republic Act No. 7166, d. Other available appointive provincial
pre-proclamation cases involving the authenticity officer (Omnibus Election Code, § 221.)
and due execution of certificates of canvass are
City
now allowed in elections for President, Vice-
1. City election supervisor or lawyer of
President, and Senators. The intention of COMELEC (chair)
Congress to treat a case falling under Section 30 2. City fiscal (vice)
of Republic Act No. 7166, as amended by Republic 3. City superintendent of schools (member)
Act No. 9369, as a pre-proclamation case is 4. Substitute members – same as provincial
apparent in the fourth paragraph of the said (Omnibus Election Code, § 221.)
provision which adopts and applies to such a case
the same procedure provided under Sections Municipal
17, 18, 19 and 20 of Republic Act No. 7166 on pre- 1. Election registrar or COMELEC
proclamation controversies. In sum, in elections for representative (chair)
President, Vice-President, Senators and Members 2. Municipal treasurer (vice)
of the House of Representatives, the general rule 3. Most senior district school supervisor
(member)
still is that pre-proclamation cases on matters
4. Or principal of the school, if absent
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5. Substitute members: in the minutes of the board.

a. Municipal administrator
b. Municipal assessor Grounds to Challenge Based on Illegal Acts:
c. Clerk of Court nominated by executive 1. Vote buying
judge 2. Vote selling
d. Other available appointive municipal 3. Vote betting
officers (Omnibus Election Code, § 221.)

Board of Canvassers for President and Vice- Note: The challenged person shall take a
President: prescribed oath before the BEI that he has not
Congress to determine the authenticity and due committed any of the acts alleged in the challenge,
execution of certificates of canvass. Must prove:
after which he will be allowed to vote.
1. Each certificate of canvass was executed,
signed, thumb-marked by the Chair and
Buildings Not Valid as a Polling Place:
transmitted to Congress;
2. Each certificate contains the names of all 1. Public or private building owned, leased or
candidates and votes in words and figures occupied by any candidate of any person
3. No discrepancy in authentic copies who is related to any candidate within the 4th
civil degree of consanguinity or affinity, or
Board of Canvassers for Senators: COMELEC en any officer of the government or leader of any
banc, and not the provincial board. political party
2. Building or surrounding premises under the
Disqualifications: actual control of a private entity
3. Those located within the perimeter of or
1. He/his spouse is related within the fourth
inside a military or police camp or reservation
(4th) civil degree of consanguinity or affinity,
or within a prison compound
to any member of the BEI or to any candidate
to be voted for or to the latter’s spouse, in the
NOTE: Where no suitable public building is
polling place. (COMELEC Resolution No.
9640, art. I, § 3.) available, private school buildings may be used as
2. Engaged in any partisan political activity. polling places. (Omnibus Election Code, § 155)
(Omnibus Election Code, § 173.)
Requisites for valid transfer of venue of
POWERS counting: (BV-NW)
1) Imminent threat of Violence
Duty of Board of Canvassers: Purely ministerial; 2) To Nearest school [see comment]
to compile and add results as appearing in the 3) Unanimous vote of Board of Inspectors
4) Majority of Watchers
results transmitted to it.
If there is actual danger, no need for the unanimous
Grounds to Challenge an Illegal Voter:
vote of the BOI and assent of majority of poll
1. Not registered watchers
2. Using the name of another
3. Suffering from existing disqualification General Rule: Voting by proxy is not allowed.
General Rule: No voter shall be required to Exceptions:
present his voter’s affidavit on election day.
1. Illiterate
2. Handicapped
Exception: His identity is challenged.
General Rule: No ballots other than official ballots
shall be used or counted
Failure to produce voter’s affidavit shall not
preclude him from voting if:
1. His identity be shown from the photograph, Exceptions:
fingerprints or specimen signatures in his • Failure to receive the official ballots on time.
approved application in the book of voters. • There are no sufficient ballots for all registered
2. He is identified under oath by a member of the voters
BEI and such identification shall be reflected • The official ballots are destroyed at such time
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as shall render it impossible to provide other inspectors should sign each ballot at the back.
official ballots (R.A. No. 7166, § 24.) The omission of such
signature does not affect the validity of the
NOTE: In the given abovementioned exceptions, ballot (Libanan v. House of Representatives
the remedy is to use emergency ballots to be Electoral Tribunal, G.R. No. 129783, Dec. 22,
provided by the city or municipal treasurer. 1997; Punzalan v. COMELEC, G.R. No.
126669, Apr. 27, 1998; Pacris v. Pagalilauan,
G.R. No. RTJ-98-1403, Aug. 14, 2000;
Malabaguio v. COMELEC, G.R. No. 142507, ;
Features of Canvassing: Dec. 1, 2000; De Guzman Jr. v. Sison, G.R.
1. The Board of Canvassers (BOC) is a collegial No. RTJ-01-1629, Mar. 26, 2001.)
body. • A voter who was challenged on the ground that
2. The BOC exercises ministerial duty. he has been paid for his vote or made a bet on
3. The BOC exercises quasi-judicial functions. the result of the election will be allowed to vote
4. Proceedings before BOC are summary in
if he takes an oath that he did not commit the
nature.
alleged in the challenge. (Omnibus Election
5. The BOC convenes at 6pm.
Code, § 200.)
6. Canvassing shall be in public.
7. Proceedings are continuous from day to day, • An illiterate or physically disabled voter may be
without interruption except to adjourn. assisted by a relative by affinity or
8. No police, army or security officer allowed consanguinity within the fourth degree or any
within 50 meters from canvassing room unless person of his confidence who belongs to the
called in writing by the BOC to stay outside the same household or any member of the board of
room. election inspectors ( Omnibus Election Code,
9. After proclamation, BOC becomes functus § 196., De Guzman Jr. v. Sison, G.R. No. RTJ-
officio. 01-1629, Mar. 26, 2001.)
• It is unlawful to use carbon paper, paraffin paper
The proviso designating Smartmatic as the joint or other means for making a copy of the
venture partner in charge of the technical aspect of contents of the ballot or to use any means to
the counting and canvassing wares does not identify the ballot (Omnibus Election Code, §
translate to ceding control of the electoral process 195.). A ballot prepared under such
to Smartmatic. (Roque v. COMELEC, G.R. No. circumstances should not be counted.
188456, Sep. 10, 2009). (Gutierrez v. Aquino, G.R. No. L-14252, Feb.
28, 1959 ) .
COMELEC is authorized by law to proclaim • Absentee Voting:
winning candidates if the remaining uncanvassed
• Members of the board of election inspectors
election returns will not affect the result of the
and their substitutes may vote in the precinct
elections. (Aksyon Magsasaka-Partido Tinig ng where they are assigned. (Omnibus Election
Masa (AKMA-PTM) v. COMELEC, G.R. No. Code, § 169.)
207134, Jun. 16, 2015.) • Absentee voting for President, Vice
President and Senators is allowed for
The manual CERTIFICATE OF CANVASS members of the Armed Forces of the
PROCLAMATIONP is the official COMELEC Philippines, Philippine National Police and
document in cases wherein the canvassing other government employees assigned in
threshold is lowered. In fact, clear from the connection with the performance of election
language of the Resolution is that the winners, in duties to places where they are not
such instances, are proclaimed “by manually registered. (R.A. No. 7166, § 12.)
preparing a Certificate of Canvass and
Proclamation of Winning Candidates,” the format 2. CONTROVERSIES AND REMEDIES
for which is appended to COMELEC Resolution AFTER PROCLAMATION (ELECTION
No. 9700. (Garcia v. COMELEC, G.R. No. 216691,
Jul. 21, 2015.)
CONTESTS)

Definition, Election Contests

Casting of Votes
Election Contests refer to Election Protests or
• The chairman of the board of election Petitions for Quo Warranto. [Sec. 3(c), AM. No. 07-
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4-15-SC] second or third-highest number of votes or, in a

multi-slot position, was among the next four
Kinds Of Election Contests: candidates following the last-ranked winner duly
1. Election Protest proclaimed, as reflected in the official results of the
2. Quo Warranto
election contained in the Statement of Votes by
Withdrawal of nomination and substitution by Precinct. The party filing the protest shall be
another nominee is neither an election protest nor designated as the protestant; the adverse party
an action for quo warranto. Petitioner correctly shall be known as the protestee. [Sec. 4, Rule 1,
brought before the Supreme Court this special civil 2010 Rules of Procedure in Election Contests
action for certiorari under Section 7 of Article IX-A Before the Courts Involving Elective Municipal
of the 1987 Constitution, notwithstanding the Officials, A.M. No. 10-4-1-SC, April 27, 2010]
proclamation of, and assumption of office by, the
substitute nominee. (Lokin, Jr. v. COMELEC G.R. 3) For barangay elective officials. Election
No. 179431-32/180443, Jun. 22, 2010.) Protest refers to an election contest relating to the
election and returns of elective officials, grounded
a. Election Protests
on frauds or irregularities in the conduct of the
elections, the casting and counting of the ballots
Election Protests
and the preparation and canvassing of returns. The
1) For provincial, regional, and city elective
issue is who obtained the plurality of valid votes
officials. A petition contesting the elections or
cast. [Sec. 3(d), AM. No. 07-4-15-SC]
returns of an elective regional, provincial, or city
official shall be filed with the Commission by any
NOTE: The failure or omission of protestant to
candidate who was voted for in the same office and
raise the question of identical handwriting or of
who received the second of third highest number of
impugning the validity of the ballots on that ground,
votes or, in a multi-slot position, was among the
resulting in the invalidation of 466 ballots for
next four candidates following the last ranked
petitioner, does not preclude respondent
winner duly proclaimed, as reflected in the official
COMELEC from rejecting them on that ground.
results of the election contained in the Statement
Unlike an ordinary suit, an election protest is of
of Votes. The party filing the protest shall be
utmost public concern. The rights of the contending
designated as the protestant; the adverse party
parties in the position aspired for must yield to the
shall be known as the protestee. [Sec. 1, Rule 6,
far greater interest of the citizens in the sanctity of
COMELEC Resolution N0. 8804]
the electoral process. This being the case, the
choice of the people to represent them may not be
2) For municipal elective officials.
bargained away by the sheer negligence of a party,
Election protest refers to an election contest
nor defeated by technical rules of procedure. Thus,
involving the election and returns of municipal COMELEC cannot just close its eyes to the
elective officials, grounded on fraud or illegality of the ballots brought before it, where the
irregularities committed in the conduct of the ground for the invalidation was omitted by the
elections, i.e., in the casting and the counting protestant. [Arao v. COMELEC, GR No. 103877,
of the ballots, in the consolidation of votes and 23 June 1992]
in the canvassing of returns, not otherwise
Jurisdiction Over Election Contests
classified as a pre-proclamation controversy
1) For President, Vice President
cognizable by the COMELEC. The issue is who PRESIDENTIAL ELECTORAL TRIBUNAL. The
obtained the plurality of valid votes cast. [Sec. Supreme Court, sitting en banc, shall be the sole
3(u), Rule 1, 2010 Rules of Procedure in Election judge of all contests relating to the election, returns,
Contests Before the Courts Involving Elective and qualifications of the President or Vice-
Municipal Officials, A.M. No. 10-4-1-SC, April 27, President, and may promulgate its rules for the
2010] purpose. [Sec. 4, Art. VII, 1987 Constitution]

2) For Senators and Members of the HoR

A petition contesting the election or returns for an
SENATE ELECTORAL TRIBUNAL (SET) and
elective municipal office shall be filed with the HOUSE OF REPRESENTATIVES ELECTORAL
proper Regional Trial Court by an candidate who TRIBUNAL (HRET). The Senate and the House of
was voted for the same office and who received the Representatives shall each have an Electoral
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Tribunal which shall be the sole judge of all trial courts of general jurisdiction
contests relating to the election, returns, and b. Elective Barangay officials decided by
qualifications of their respective Members. Each trial courts of limited jurisdiction
Electoral Tribunal shall be composed of nine c. COMELEC may issue extraordinary writs
Members, three of whom shall be Justices of the of certiorari, prohibition and mandamus
Supreme Court to be designated by the Chief
Justice, and the remaining six shall be Members of A petition for mandamus will lie against the
the Senate or the House of Representatives, as the Speaker of the House and the House Secretary
case may be, who shall be chosen on the basis of General for not performing their ministerial duties
proportional representation from the political to administer the oath of the second placer and
parties and the parties or organizations registered enter his name in the Roll of Members of the House
under the party-list system represented therein. of Representatives, when the winner’s COC had
The senior Justice in the Electoral Tribunal shall be been cancelled due to ineligibility. (Velasco v.
its Chairman. [Sec. 17, Art. VI, 1987 Constitution] Belmonte, G.R. 211140, 2016)

3) ORIGINAL EXCLUSIVE: For Provincial and Pre-proclamation Controversy v. Election

City Elective Officials; APPELLATE: For Contest
Municipal and Barangay Elective Officials
COMELEC shall exercise exclusive original PRE-
jurisdiction over all contests relating to the ELECTION
PROCLAMATION
elections, returns, and qualifications of all elective CONTEST
CONTROVERSY
regional, provincial, and city officials, and appellate Before proclamation After proclamation of
jurisdiction over all contests involving elective of candidate candidate
municipal officials decided by trial courts of general Jurisdiction of Jurisdiction of
jurisdiction, or involving elective barangay officials COMELEC is COMELEC is quasi-
decided by trial courts of limited jurisdiction. administrative or judicial
Decisions, final orders, or rulings of the quasi-judicial
Commission on election contests involving elective
municipal and barangay offices shall be final,
• Only real parties in interest can file and
executory, and not appealable. [Sec. 2(2), Art. IX-
pursue election protests (e.g. candidate of
C, 1987 Constitution; Sec. 249, OEC]
the same position).
• Even if it was the 2nd placer who filed the
4) For Municipal Elective Officials
election protest, the 3rd placer may still
REGIONAL TRIAL COURTS shall have exclusive
possibly win. Note: The case of presidential
original jurisdiction over all election contests
protest cases, only two persons, the 2nd and
involving elective municipal officials. [Sec. 1, Rule
3rd placers, may contest the election. (Poe
2, AM. No. 07-4-15-SC]
vs. Macapagal-Arroyo, PET Case No. 003,
Mar. 29, 2005)
5) For Barangay Elective Officials
(Including SK as held in Fernandez v. COMELEC,
Note: Special rule for PET: Only the 2nd or 3rd
GR No. 176296, 30 June 2008)
placer may file the protest
MUNICIPAL TRIAL COURTS shall have exclusive
original jurisdiction over all election contests
Requisites for an Election Protest
involving elective barangay officials. [Sec. 2, Rule
2, AM. No. 07-4-15-SC] 1. Filed by candidate who has filed a COC and
has been voted upon for the same office.
COMELEC Jurisdiction Over Election Contests: 2. Filed within 10 days from proclamation of
results
1. Original Jurisdiction over contests relating to
a. Period to file EP is suspended during
elections, returns, and qualifications of all
pendency of PPC
elective:
b. A counter-protest must also comply with
a. Regional
the reglementary period
b. Provincial
(Omnibus Election Code, § 254.)
c. City officials
2. Appellate Jurisdiction over contests
3. On grounds of:
involving:
a. election fraud/terrorism, and
a. Elective Municipal officials decided by
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b. irregularities or illegal acts before,

during, or after casting and counting of General Rule: The COMELEC cannot proclaim as
votes (Espaldon v. COMELEC, G.R. No. winner the candidate who obtains the 2nd highest
L-78987, Aug. 25, 1987.) number of votes in case the winning candidate is
ineligible or disqualified. When a winner is
Additional Requirements: declared ineligible, the candidate who finished 2nd
1. Payment of docket fee cannot assume the position. (Quizon v.
2. Certificate of Non-Forum Shopping COMELEC, G.R. No. 177927, Feb. 15, 2008.)

Note: Failure to pay is ground to dismiss the Exception:

case. (Banaga Jr. v. Commission on Elections, 1. The one who obtained the highest number of
G.R. No. 134696, Jul. 31, 2000) votes is disqualified, and
2. The electorate is fully aware in fact and in law
House of Representatives Electoral Tribunal of a candidate’s disqualification so as to
Jurisdiction Over Election Contests bring such awareness within the realm of
notoriety but would nonetheless cast their
The House of Representatives has the jurisdiction
votes in favor of the ineligible candidate.
to question the qualification of the nominees of
(Pundaodaya v. COMELEC, G.R. No.179313,
party-list organizations. Although party list
Sep. 17, 2009.)
organizations are voted for in the elections, still it
is not the organizations which sit and become
A candidate who was elected but was later
members of the House of Representatives but their disqualified for failing to meet the residency
nominees. Subsequently, Section 17, Article VI of requirement was never a valid candidate from the
the Constitution provides that the HRET shall be the very beginning, and was merely a de facto officer.
sole judge of all contests relating, among others, to The eligible candidate who garnered the highest
the qualifications of the members of the House.
number of votes must assume the office. The rule
Thus, since party list nominees are considered as
on succession in the Local Government Code
“elected members” of the House, the HRET has does not apply. (Jalosjos v. COMELEC, G.R. No.
jurisdiction to hear and pass upon their 193314, Jun. 25, 2013; Ty-Delgado v. HRET, G.R.
qualifications. (Abayon v. HRET, G.R. No. 189466, No. 219603, Jan. 26, 2016.)
Feb. 11, 2010.)
Abandonment — A protestant who runs for
General Rule: Ballots are the best and most another office is deemed to have abandoned his
conclusive evidence in an election contest where protest. This is especially true in a case where the
the correctness of the number of votes of each protestant pending the election protest, ran, won,
candidate is involved. (Delos Reyes v. COMELEC, assumed the post and discharged the duties as
G.R. No. 170070, Feb. 28, 2007.) such. (Idulza v. COMELEC, G.R. No. 160130, Apr.
14, 2004.)
Exception: Election returns are the best evidence
when the ballots are lost, destroyed, tampered or b. Quo Warranto
fake.
Quo Warranto under the Omnibus Election Code
Execution Pending Appeal: refers to an election contest relating to the
1. Public interest is involved or will of the qualifications of an elective official on the ground
electorate of ineligibility or disloyalty to the Republic of the
2. Length of time that the election contest has Philippines. The issue is whether respondent
been pending possesses all the qualifications and none of the
3. Shortness of the remaining portion of the term disqualifications prescribed by law. [Sec. 3(e), AM.
of the contested office. (Pecson v. COMELEC, No. 07-4-15-SC]
G.R. No. 182865, Dec. 24, 2008.)
Requisites of Quo Warranto (VID 10):
Note: A combination of 2 or more will suffice to
allow execution pending appeal, but shortness of 1. Filed by any registered Voter in the
the remaining period alone is not a ground for constituency; Grounds:
execution pending appeal. (Laubati v. Commission a. Ineligibility
on Elections, G.R. No. 128473, Aug. 26, 1997) b. Disloyalty to the Republic of the
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Philippines (i.e. having a green card)

2. Within 10 days from proclamation of results
(Omnibus Election Code, § 253.) G. ELECTION OFFENSES
General Rule: When proclaimed officer was Election offenses are committed only as soon as
disqualified by quo warranto, 2nd placer cannot be campaign period starts. Any supposed premature
proclaimed winner. campaigning cannot be prosecuted before start of
campaign period.
Exception: When the one who got the highest
votes has been disqualified and the electorate is
Some Prohibited Acts:
fully aware of this fact – but they still voted for him.

Execution pending appeal is allowed but must be 1. Vote-buying or vote-selling

for urgent reasons. 2. Wagering upon result of the election
3. Threats, intimidation, terrorism, use of
Allowable Reasons for Execution Pending fraudulent devise, forms of coercion
4. Appointment of new employee
Appeal:
• Except: when there is urgent need;
1. Public interest involved Notice given to COMELEC within 3
2. Shortness of remaining term days from appointment, creation of
3. Length of time that the contest is pending new positions, promotion or granting
salary increase).
Quo Warranto v. Election Protest 5. Carrying deadly weapon within radius of 100
ELECTION meters from precinct
QUO WARRANTO 6. Transfer or detail of government official or
PROTEST
employee without COMELEC approval. Note:
Strictly speaking, it is It is a contest between Not penalized if done to promote efficiency in
not a contest. It is a the government service.
proceeding to unseat
an ineligible person winning candidate and Any personnel action, when caused or made
from office. the during the election period, can be used for
electioneering or to harass subordinates with
defeated candidate different political persuasions. This possibility – of
Any voter Only by a candidate being used for electioneering purposes or to
who has duly filed a harass subordinates – created by any movement
COC to the same of personnel during the election period is precisely
office and has been what the transfer ban seeks to prevent. (Aquino v.
voted for COMELEC, G.R. No. 211789-90, Mar. 17, 2015.)

GROUNDS: GROUNDS: The prohibition on transfer or detail covers any

movement of personnel from one station to
Disloyalty Election fraud another, whether or not in the same office or
agency when made or caused during the election
Ineligibility Irregularities in the period, and includes reassignment. (Aquino v.
COMELEC, G.R. No. 211789-90, Mar. 17, 2015.)
casting and counting
of votes or in the If the reassignment orders are issued prior to the
preparation of the ER start of the election period, they are automatically
rendered beyond the coverage of the prohibition
The respondent may The protestee may be and the issuing official cannot be held liable for
be unseated, but the unseated and the violation of Section 261(h) of BP 881. (Aquino v.
petitioner may or may protestant may be COMELEC, G.R. No. 211789-90, Mar. 17, 2015.)
not be installed into installed into the office
Retention of duties and temporary discharge of
the office vacated. vacated.
additional duties do not contemplate or involve any
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movement of personnel, whether under any of the Sep. 18, 2012.)

various forms of personnel action enumerated
under the laws governing the civil service or Other Election Offenses Under R.A. No. 6646:
otherwise. Hence, they are not covered by the 1. Causing the printing of official ballots and
legal prohibition on transfers or detail. (Aquino v. election returns by printing establishments not
COMELEC, G.R. No. 211789-90, Mar. 17, 2015.) on contract with COMELEC and printing
establishments which undertakes
Elements of Violation of Sec 261(h) of the unauthorized printing
Omnibus Election Code (Transfer of Officers 2. Tampering, increasing or decreasing the votes
and Employees in the Civil Service): received by a candidate or refusing after
proper verification and hearing to credit the
1. Fact of transfer or detail within election period; correct votes or deduct the tampered votes
2. Transfer or detail made without prior approval (committed by a member of the board of
of COMELEC. election inspectors)
3. Refusing to issue the certificate of voters to the
Full List of Election Offenses Under Section 68 duly accredited watchers (committed by a
and 261 of the Omnibus Election Code (D2T4R- member of the BEI)
VS3- P4MC; same grounds for disqualification): 4. Violating provisions against prohibited forms of
election propaganda
1. Vote-buying
5. Failure to give notice of meetings to other
2. Acts of Terrorism
members of the board, candidate or political
3. Spending in excess of allowable limit
party (committed by the Chairman of the board
4. Soliciting, receiving, or making prohibited
of canvassers)
contributions
6. A person who has been declared a nuisance
5. Campaigning outside Period
candidate or is otherwise disqualified who
6. Tamper with election propaganda
continues to misrepresent himself as a
7. Prohibited election propaganda
candidate and any public officer or private
8. Coercing Subordinates to aid, campaign, or
individual who knowingly induces or abets
vote for a candidate
such misrepresentation by commission or
9. Using Threat, intimidation, terrorism,
omission.
fraudulent, devises
7. If the chairman of the BEI fails to affix his
10. Soliciting votes or electioneering during
signature at the back of the official ballot, in the
registration day and election day within Polling
presence of the voter, before delivering the
place or within 30m radius
ballot to the voter.
11. Public official or employee who releases,
disburses, or expends Public funds 45 days
Prescription of Election Offenses:
before election or 30 days before special
election 1. Election offenses prescribe after 5 years from
12. Political party holds political Conventions or the date of their commission.
meetings to nominate official candidates 2. If the discovery of the offense is made in an
earlier than allowed period election contest proceeding, the period of
13. Destroying or cancelling a COC which has not prescription shall commence on the date which
been cancelled the judgment in such proceedings becomes
14. Misleading BEI by submitting false or spurious final and executory.
COC to the detriment of a candidate
15. Receiving COC out of allowed Time and ————- end of topic ————-
making it appear it was filed on time; or
coercing the officer to perform this act
16. Interfering with Radio or TV broadcast of lawful
political program
17. Soliciting votes on election Day

Under the present law, the COMELEC and other

prosecuting arms of the government, such as the
DOJ, now exercise concurrent jurisdiction in the
investigation and prosecution of election offenses.
(Arroyo v. Department of Justice G.R. No. 199082,
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