Review of Modules 1 - 5

Dissecting the Definition of a Candidate in

an Automated Election
(2) A full-fledged candidate is one who:
“xxx Any person who files his 1. Intends to seek public elective office;
(1) There are no candidates certificate of candidacy within 2. Filed his/her CoC from October 1 to 8,
2021 (or within period of substitution);
today, only candidates-in- this period shall only be 3. Has a valid CoC; and
waiting, aspirants, filers,
would-be candidates or considered as a candidate at the 4. Possesses all the qualifications and
none of the disqualifications;
inchoate candidates. start of the campaign period for and where the campaign period has started
which he filed his certificate of (Operative Fact).
(3) A would-be candidate
shall become a full-fledged
candidacy: Provided, That,
candidate, who can be held unlawful acts or omissions (4) From the date of COC-filing up to the
start of campaign period, the following
liable for unlawful acts or
omissions, only at the start
applicable to a candidate shall rules are not yet applicable/ effective:
of the campaign period: effect only upon that start of the o Maximum amount per voter
o Types and specifications of
o February 8, 2022 for
Nationally-Elected
aforesaid campaign period: xxx” campaign collaterals
o March 25, 2022 for (Section 15, RA 9369, Amended o Vote-buying
o Release of Public Funds
Locally-Elected Automated Election Law) o Tri-Media Limits
 Can a decision of a COMELEC Division be
directly elevated to the SC, bypassing the
COMELEC En Banc?
The Non-Exhaustion of Administrative Remedies,
in exceptional cases, may be allowed by the SC. In
SC o Regular Route
o Exhaustion of connection with elections, these may be raised to
Administrative justify bypassing the COMELEC En Banc:
Remedies 1. Question is essentially Judicial
Certiorari
2. Pure question of Law
3. Constitutionality
En Banc o Alternative
Route 4. Transcendental Issue
o Non-
5. Utter Disregard for Due Process
Exhaustion of
MR Administrative 6. Strong Public Interest
Remedies 7. Urgency/ Lack of Material Time
Division 8. Special Reasons demanding Immediate
Judicial Relief
In-Person Campaign Rallies/ Meetings Caravans/ Motorcades
Restrictions Restrictions Restrictions
o Entering any private dwelling o Handshakes, hugs, going arm-in- o Number of passengers
during house-to-house arm, or any action that involves dependent on IATF level and
campaigning, even with the physical contact among the type of vehicle
express permission of the candidate, their companions,
homeowner and the public o Stopovers, layovers, and other
similar stoppages for the
o Crowding, or allowing there to o Taking selfies, photographs and conduct of other election
be, crowds that violate other similar activities that campaign activities
Minimum Public Health require close proximity between
Standards around the candidate the candidate and their o Handshakes, hugs, kisses, going
and his or her companions companions, and the public arm-in-arm, or any action that
involves physical contact among
o Handshakes, hugs, kisses, going o Distribution of food and drink, the candidate, their
arm-in-arm, or any action that and all other goods or items companions, and the public
involves physical contact among o Taking selfies, photographs and
the candidate, their
companions, and the public other similar activities that
Common Limitations require close proximity between
o Taking selfies, photographs and the candidate and their
other similar activities that 1. Physical Contact companions, and the public
require close proximity between
the candidate and their 2. Close Proximity o Distribution of food and drink,
companions, and the public and all other goods or items.
o Distribution of food and drink, 3. Food and Drinks
and all other goods or items Under COMELEC Resolution No. 10732
 Can COMELEC regulate non-campaign materials by
non-candidates? No. Bacolod Diocese v. COMELEC, GR 205728 (2015)
1. The Fair Election Act on the posting of campaign materials only mentions “parties” and “candidates.”
2. COMELEC does not have the authority to regulate the enjoyment of the preferred right to freedom of
expression exercised by a non-candidate.
3. The term “election campaign” or “partisan political activity” refers to an act designed to promote the election
or defeat of a particular candidate or candidates to a public office, and does not cover:
a) speech on a matter of public concern,
b) advocacy of a social issue,
c) dialogue on public affairs,
d) grievances and political discontent, or
e) materials not paid for or posted in return for consideration by any candidate or political party.
4. Election paraphernalia from candidates and political parties are more declarative and descriptive and contain
no sophisticated literary allusion to any social objective. Thus, they usually simply exhort the public to vote for
a person with a brief description of the attributes of the candidate.
5. Size limitations during elections hit at a core part of expression. The content is not easily divorced from the size
of its medium. Content-based regulation bears a heavy presumption of invalidity. The Supreme Court has used
the clear and present danger rule as measure (i.e., the evil consequences sought to be prevented must be
substantive, extremely serious and the degree of imminence extremely high).
6. The guarantee of freedom of expression to individuals without any relationship to any political candidate
should not be held hostage by the possibility of abuse by those seeking to be elected.
7. Every citizen’s expression with political consequences enjoys a high degree of protection.
 What does the Fair Election Act say about
Election Propaganda by Non-Candidates?
Lawful Election Propaganda Sec. 3. Lawful Election Propaganda. - Election
propaganda whether on television, cable
television, radio, newspapers or any other medium
is hereby allowed for all registered political
parties, national, regional, sectoral parties or
organizations participating under the party-list
elections and for all bona fide candidates seeking
national and local elective positions xxx.

Opinion: Based on a plain reading of the provision,

the size and place requirements for the listed
election propaganda only apply to candidates and
political parties, not non-candidates.
 The Critical Role of Election Officers
(EOs) during the Campaign Period
Under COMELEC Resolution No. 10730
Rallies 1. Prior to a Campaign Rally, the EO must be informed.
2. After a rally, the campaign staff must submit to the EO an Affidavit of
Compliance with Health Protocols.
3. The permission of the EO must be obtained for Candidate’s Poster Area(s).
Poster Areas
4. The EO determines the Common Poster Areas.
5. The EO notifies a candidate of Unlawful/ Prohibited Propaganda where
failure to remove within 3 days from notice creates the presumption that
Unlawful it was the candidate who posted.
Propaganda 6. The EO summarily hears and resolves a complaint against a candidate for
using Unlawful/ Prohibited Propaganda.
7. A candidate must notify the EO of the location of Campaign Headquarters.
Headquarters Note: Non-compliance with the Fair Election Act and COMELEC Rules is an
election offense.
 Election Day Don’ts #1
1. An Election Officer (EO) reschedules the election in a polling place due to violence.
[Only the COMELEC En Banc can postpone elections.]
2. The Electoral Board (EB) Chair deposits the ballot in the Voter Counting Machine. [It
should be the Voter.]
3. A Voter fills out the ballot of another. [Allowed only if that Voter is an assistor.]
4. A candidate provides free transport to voters. [This is an election offense since
1985.]
5. The EB Chair is the first cousin of a local candidate to be voted for in the polling
place of assignment. [This is a disqualification for EB Members.]
6. The Watcher of a Presidential Candidate is not allowed by the EB to enter the
polling place. [Watchers must be qualified. Only 1 watcher can serve at a time.]
7. A Voter takes a picture of the contents of his/her ballot. [This violates ballot secrecy.
This is an election offense since 1985.]
 Election Day Don’ts #2
1. The Electoral Board (EB) Chair allows media reporters inside the polling place. [Allowed
only when they will cast their votes. Also, if they are authorized by COMELEC.]
2. An EB Member fills up the ballot of a voter who is not illiterate, a person with disability or a
senior citizen per voting records. [These circumstances must be indicated in the voting
records in order for these voters can be assisted by another.]
3. A Voter whose temperature is 38 ℃ was not allowed to vote. [Voter shall vote inside the
Isolation Polling Place (IPP).]
4. A candidate provides free food and drinks to voters. [This is an election offense since 1985.]
5. The EB allows 3 Watchers for a Presidential Candidate to serve and be at the polling place
at the same time. [Only 1 qualified watcher can serve at a given time.]
6. A Voter writes his/her name on the ballot. [This violates ballot secrecy. This is an election
offense since 1985.]
7. A Candidate campaigns. [The last day of campaign is May 7.]
Persons Allowed (and Not Allowed)
inside Polling Places on May 9
Allowed Not Allowed
1. Members of the Electoral Board (EB) 1. Military Officials/ AFP
2. EB support staff 2. Police Officials/ PNP*
3. Watchers 3. Peace Officers*
4. COMELEC Representatives 4. Barangay Officials
5. Department of Education Supervisor Official (DESO) 5. SK Officials
Technical Support Staff 6. Barangay Tanods
6. Emergency Accessible Polling Place (EAPP) Support 7. Extra-Legal Police Personnel
Staff
7. Voters casting their votes and their assistors
* Allowed within 30-meter radius if:
8. Voters waiting for their turn to cast their vote
o EB majority vote
9. Jail/ Prison Escorts escorting Persons Deprived of
Liberty (PDL) voters o EB/ Paraphernalia protection
10. Other COMELEC-authorized persons
 Who can appoint Pollwatchers?
How many?
1. Candidates o 2 watchers for every polling place, serving
alternately
2. Duly-registered political parties o Only 1 watcher for candidates for Senator
or coalition of political parties belonging to the same registered party/
coalition
3. Party-List Groups o Only 1 watcher for candidates for Local
Councils belonging to the registered party/
4. Duly-accredited citizens’ arms coalition
o Only 1 watcher for all civic groups
5. Other civic, religious, business, If insufficient space, preference to watchers
professional, service, youth, and of:
any other similar organizations o Dominant majority and dominant minority
parties
with COMELEC prior authority o Citizens’ arm (given preferential position
closest to the Electoral Board)
 Who can be appointed Pollwatchers?
1. S/he must be a Registered voter of the city or municipality
2. S/he must be of good moral character
3. S/he must not have have been convicted by final judgment of any
election offense or of any other crime
4. S/he knows how to read and write Filipino, English or the prevailing
local dialect
5. S/he must not be related within the 4th civil degree of consanguinity
or affinity to any member of the Electoral Board in the polling place
where s/he seeks appointment as a watcher
Reminder: Candidates and Political Parties must submit the names of their representatives authorized to
appoint watchers to the Election Officer at least 15 days before May 9
 Candidates
Electoral Process & Cases Possible Cases

o Postponement of Elections
o Failure of Elections
o Election Protests
Aspirants/ Filers/ Poll Bets/ o Annulment of Proclamation
“Would-Be Candidates” Full-Fledged Candidates o Quo Warranto

Filing of
CoC Start of Canvass/ Assume
Pre- Election
Campaign Proclaim SOCE Office
10.01-08 Campaign Day
Period 02.08-Nat’l 05.10-16 06.08 06.30
(11.15 – 05.09
03.25-Local (~P/VP) (12nn)
05.09)

CoC Cancellation/ Disqualification/ Declare Nuisance Cases

Substitution of Aspirants/ Candidates D&D Pre-Proc.

Withdrawal but no substitution > 11.15
Automated Elections
Ballots/
Data Storage
Devise

VCM Testing/ Casting/

Sealing Counting Transmission Canvass Proclaim
05.02 – 07 05.09

ERs/ CoCs/
SOVs/ CDs
Canvassing:
Rights of Candidates and Parties
1. Right to be present 3. Right to Appoint Watchers
2. Right to counsel during the consolidation/ (Name(s) submitted not later
canvass of the ERs or CoCs than May 4)
o duly appointed by the candidate/ o Be present
registered political party o Take notes
o Name(s) submitted not later than May 4 o Stay at designated place
o only 1 counsel may argue for each party or o File a written protest on any
candidate at a given time irregularity
o Rights of Counsel o Obtain written resolution of
o Right to observe the transmission, protest
consolidation and canvass of the ERs
or CoCs without touching the
Consolidation and Canvassing System
(CCS)
o Right to make observations
o Right to file challenges
Pre-Proclamation Cases
Aspects (under the law)
1. BoC-related (proceedings and composition) – raise before the BoC or
COMELEC division
2. Results-related (generation/printing, transmission, receipt and custody,
and appreciation of ERs or the CoCs) – raise before the BoC
Not allowed under COMELEC Resolution No. 10731
o Data-Storage Delayed, Destroyed, Falsified
o Material Defects, Manifest Errors, Omission, Discrepancy
Not allowed since admit evidence aliunde (violence, disqualified
voters allowed to vote, voting procedure, vote-buying)
BoC proclaims based on Highest Number
of Votes (Plurality) except:
Disqualified CoC Cancelled Nuisance
Suffer from False Material Mock elections
Disqualification Representation No Bona Fide Intention to Run
Final and Executory Decision (No MR of Division Ruling | No SC Restraining Order of En Banc Ruling)
[If pending and no order of suspension of proclamation, proclaim winner]
1. BoC not proclaim 1. Votes considered 1. Votes of Nuisance added to Candidate with same surname
candidate stray 2. Proclaim candidate who garners highest number of votes (not
2. Succession (if 2. Proclaim 2nd Placer apply to multi-slot office)
3. If 2 or more candidates having same surname declared as
allowed by law) (provided his/ her
nuisance candidates, except for 1, votes for former not
3. If succession is CoC not cancelled) considered stray and credited to lone candidate
not allowed 4. If 2 or more candidates having same surname declared as
under the 1991 nuisance candidates, votes considered stray and not credited
LGC, position to any
vacant 5. If there is no candidate with same surname, votes for nuisance
considered stray
 Module 6
Election Contests and
Dispute Resolution
Election Protests
Election Protest: not an ordinary petition, protestant must meet
the strict requirement of specificity of the grounds and established
rules on evidence
Grounds: Fraud and Irregularities in Casting, Counting and
Canvassing
Venue: P/VP (PET); Senators (SET); Representatives (HRET);
Regional; Province; City (Comelec Division); Municipality (RTC);
Barangay (MTC)
Election Protests: Requirements
1. Filed by candidate
2. Within period
3. Protestee proclaimed
4. Protestant admits legality of proclamation
5. Payment of filing fee
6. Allegations of fraud
7. Identify precincts/ areas
8. Verified; Certificate of non-forum shopping (liberally construed)
Election Protests
Material Qualifications vs. Will of Electorate: former
Procedure: Revision; Trial; range of shading thresholds; objective of the revision
process of mimicking or verifying/confirming how the VCMs read or counted the
votes can be achieved by referring to the ERs generated by the VCMs; decrypted
ballot images where the integrity of the ballots and the ballot box was not
preserved; extreme caution in invalidating ballots
Documents in Question/ Evidence: Depends on grounds - Ballots (or decrypted
ballot images), ERs, CoCs and Data-Storage Devices
If prosper: protestee removed, true winner proclaimed; rendered moot upon the
occurrence of a subsequent election since it is impossible to assume office for the
previous term
Annulment of Proclamation
Grounds: Proclamation based on irregular and illegal canvass
Proclamation based on incomplete canvass (below threshold)
BoC reconvened without prior COMELEC authority
Proclamation by BOC which has illegal composition
Period to File: 10 days from proclamation
Venue: Comelec Division (EP venue)
Effect: Proclamation annulled; re-canvass
Quo Warranto
Grounds: Disloyalty to Republic; Ineligibility
Venue: Same as Election Protest
If prosper: Respondent ousted; special elections or
succession
Proof: Burden on petitioner to prove DQ by substantial
evidence then burdens shifts to candidate to disprove
Covers Impeachable Officers: quo warranto and
impeachment can proceed independently and simultaneously
Election Offenses
Election Offenses

Election Laws, Alberto C. Agra

Procedure

Complaint
COMELEC Law Dept or Prosecutor’s Office

Filing of Information
COMELEC En Banc

Trial and Decision (Acquit or Convict)

RTC
Summary: Election Dispute Resolution
Categories Specific Cases
Electorate o Opposition to Application for Registration
o Inclusion and Exclusion
o Annulment of Book of Voters
o Challenge on Election Day
o Election Offense
Candidate o Cancellation | Disqualification | Nuisance
o Quo Warranto
o Election Offense
Integrity of Electoral Procedures o Postponement of Elections
o Failure of Elections
Pre-Proclamation o BoC-related
o (Consolidated Results-related)
Election Protests/ o Annulment of Proclamation
Post-Proclamation o Election Protest
o Quo Warranto
Election Offenses o Against Candidates
o Against Non-Candidates and Voters
Dispute Resolution
Dispute Resolution
Dispute Resolution
Dispute Resolution
 www.albertocagra.com
09175353823
alberto agra
[email protected]
Thank you. Keep safe.