Admin Midterm Transcript

[SUBJECT] | [INSTRUCTOR] | [YEAR]
CHAPTER QUORUM required

Simple majority, or 2 out of 3:
TOPIC Question: What if in the COMELEC en banc, 4 of the Commissioners is

disqualified and only 3 of them is left. Do we need to substitute?
SUBTOPIC Ans.: NO. Take note: If someone is disqualified, there is a legal

impediment for them to attend the Comelec en banc session. Once
there is a legal impediment, those disqualified by such legal impediment,
Proper Issues to be Raise. cannot be included in the counting of the quorum for purposes of
determining whether there is a quorum.
Substitution of Board of Canvassers
Pre-proclamation controversy (IMPORTANT)
Atty.: When you talk about substitution, it is not limited to the grounds First premise, we do not allow anymore pre-proclamation controversy in
DINA. It could be also for any valid cause. all positions including baranggay elective positions. Thus, you cannot
raise them during canvassing.
What are the grounds by which we can say that there is a need to Sir: there might be some issues as to the legality of this but as
replace a member of the BOC? long as the SC does not nullify that it stays, it enjoys the
1. Disqualified presumption of constitutionality,
- When you say disqualified, by reason
2. Incapacitated TAKE NOTE: However, pre-proclamation can still be raised but

- It means she suffers from serious illness or injury. limited to the issues of illegal composition and illegal proceedings. And
Take note: the word “serious”. It must be such to also manifest error.
prevent you from effectively performing your election
duties. - Illlegal composition is when someone who is not qualified
is appointed or served as such.
Sidequestion: Can the COMELEC replace you other than - Illegal proceedings such as:
DINA? o Precipitate canvassing
- Yes, anytime for a cause. When you say cause, it is o Terrorism
determined by the sole discretion of the COMELEC o Improper venue
because it exercises direct control and supervision over o Failure to notify
the BOC in which case it can nullify the proclamation and  Caveat: any of these grounds (PTIF),
replace any member of the BOC anytime for a cause and standing alone does not
no one can argue that. automatically give rise to illegal
- Only SC can control that but only in cases of grave abuse proceedings. There has to be that
of discretion. qualifying circumstance where we
can establish that it was intended to
( There was this case before in Mindanao where an rigged or manipulate the elections.
election officer which was replaced 4 days prior to the  (Example: Failure to notify. There is a
elections because of the reason that there was threat to mandate that before canvassing the
his life. Election Officer concerned must notify
- It is okay because it was for a cause which there was a each and every candidate, party-list about
threat to his life. the date, time and place of canvassing.
- But if it is without cause, that is grave abuse of What if one party-list is left out.
discretion.) Question: Can that party-list appear
before BOC and say that there is an illegal
Remember: When we say direct control and supervision, proceeding?
it means that the COMELEC can replace the judgment of
the BOC but there is must be that legitimate cause. It Ans. No. It was only by mere
can nullify the proclamation on the basis that you inadvertence. If there was no intention to
proclaimed the loser instead of the winner because of not notify you for the purpose of rigging
erroneous tabulation. the elections, that is now illegal
proceedings. )
Side Questions: Can the regular courts restrain or stop
the BOC from canvassing? Also, Manifest error. 15.00
- No.
- BOTTOMLINE: Regular courts are inferior in rank and Take note: There is pre-proclamation controversy, if the allegations
status to COMELEC. Not even the CA because they are raised by a political party or the counsel for the candidate will constrain
co-equal with COMELEC. Only the SC but only in rare the BOC to step out of the Election Returns or Certificate of Canvass.
cases where there is grave abuse of discretion because
SC will only restrain itself from interfering with But if the BOC also know that it is fake, they cannot disregard that
COMELEC’s administrative functions. because that would be in bad faith. What the BOC should do is set that
aside.
When such ER would affect the results of the election, set aside the
3. Non-availability proclamation. Then settle that particular polling place.
- It means the person is in abroad or on a study leave
which you cannot serve in the elections. But if it does not adversely affect the election results, then the BOC can
proclaim.
4. Absence
1 | UNIVERSITY OF SAN CARLOS

But if it is otherwise, the BOC can partially proclaim the other is still manifest error which is allowed
candidates. during proclamation controversy.
 Take note: Manifest error is still pre-
So what if they object because it is fake although in its face it appears
proclamation controversy but is an
regular and the BOC, in good faith, says that it is not fake, then it will be
included in the canvassing. So is it unfair? exception to the prohibition. Reason: it
does not take time to correct that unlike,
Ans. It is not unfair because you still have election protest as a remedy. when you resolve allegations of fraud
and irregularities.
GR: Today, for all position, including elective local officials, pre- Doctrine of Statistical Improbability
proclamation controversy is not allowed o Extraordinary coincidence
XPN: When it involves correction of manifest errors
COMELEC CASE
What is manifest error? 17.00 o All eight senatorial candidates of the Liberal Party
Evident to the eye and understanding, visible to the eye, that which is obtained all voted while all eight senatorial candidates
open, palpable, uncontrovertible, needing no evidence to make it more of the Nacionalista Party obtained zero vote
clear, not obscure or hidden. o For each polling place, the total number of registere
voters, ranging from 240 to 650, cast their votes only
Atty: murag visual search/plain view for the Liberal Party candidates.
o There is one inspector from the Nacionalista Party for
To be manifest, errors must appear on the face of the Coc or ERs sought each polling place; thus, its candidate should have
to be corrected and must have been objected before the board of obtained at least one vote.
canvasssers and specifically noted in the minutes of their respective
proceedings. o SC: Election results in polling places were utterly
improbable and clearly incredible. It is not likely, in the
ordinary course of things, that all electors of one polling
Atty: For manifest error, even if you file it out of time, the COMELEC can place would, AS ONE MAN, vote for all the eight
suspend its own rules and procedure and admit the petitionto correct
candidates of one party, without giving a single vote to
manifest errors because it involves the will of the people.
any of the eight candidates of the other party.
That manifest error if corrected, can spell the difference between the
winner and the loser. By all means, technicality aside, we are going to o Such extraordinary coincidence was quite impossible to
correct that. 18.10 believe, knowing that the other party has a nationwide
organization, with branches in every province, and was
Tatlonghari vs Comelec in previous years, the party in power.
Where what is involve purely mathematical and/or mechanical error in
the operation of the adding machine committed by the BOC but does not
involve the opening of ballot boxes, examination and appreciation of Question: When a candidate gets zero votes, is that Statistical
ballots and/or election returns
improbable?
Atty: A 0 vote, standing alone, does not amount to
Instances of Manifest Errors
statistical improbability.
a. Copy of the election returns of one precinct or
two or more copies of a certificate of canvass
were tabulated more than once.
MOTIONS
b. Two copies of copies of the election returns or o Must be in writing
certificate of canvas were tabulated separately. o Duly received by the Secretary
o 24 hours to decide from receipt
c. There was a mistake in the adding or copying of o When to proclaim
the figures into the certificate of canvass or into o When the winner is known
the statement of votes by precinct o Who is the winner?
o Candidate who obtained the highest number of
votes by plurality
d. So-called election returns from non-existent o Top 1 – among candidates for single slot positions
precincts were included in the canvass o Top 12, 10, 8 or 2 – among candidates with multiple
slot positions
 These provision were made under the
context of manual elections but it can
still be applied in automated elections in Atty.: Take note: Timeliness of protest and quo warranto
determining insofar WON that is
Atty: When do we know if there is a winner?
manifest error.
In automated elections, when the COCP (Certificate of Canvass
 IOW, manifest error and Proclamation) has already been generated
 If the document is readily available in
the BOC for reference, comparison, that COCPD: Includes only the winners in the elections
COC: All candidates including those who got 0 votes

31:55

Admin Midterm Transcript

Uploaded by

Copyright:

Available Formats

Admin Midterm Transcript

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Admin Midterm Transcript

Uploaded by

Copyright:

Available Formats

[SUBJECT] | [INSTRUCTOR] | [YEAR]

CHAPTER QUORUM required

TOPIC Question: What if in the COMELEC en banc, 4 of the Commissioners is

SUBTOPIC Ans.: NO. Take note: If someone is disqualified, there is a legal

2. Incapacitated TAKE NOTE: However, pre-proclamation can still be raised but

1 | UNIVERSITY OF SAN CARLOS

2 | UNIVERSITY OF SAN CARLOS

3 | UNIVERSITY OF SAN CARLOS

You might also like