Philippines

COMMISSION ON COMMISSION ON ELECTIONSELECTIONS

Republic of the PhilippinesRepublic of the Philippines

LEGAL SOLUTIONS OF LEGAL SOLUTIONS OF DISPUTES RELATED TO DISPUTES RELATED TO

ELECTION RESULTSELECTION RESULTS

Sources: Sources: Constitution of 1987 Constitution of 1987 Omnibus Election CodeOmnibus Election CodeStatutesStatutesCOMELEC Rules of ProceduresCOMELEC Rules of ProceduresRules issued by the Supreme Rules issued by the Supreme CourtCourt

Form of Government:Form of Government:Republican and Republican and

PresidentialPresidential

Branches of Government:Branches of Government:

Executive DepartmenExecutive Departmentt

Legislative DepartmeLegislative Departmentnt

Judicial DepartmentJudicial Department

Elective positions are found Elective positions are found in the Executive in the Executive

Department and Legislative Department and Legislative Department.Department.

All positions in the JudiAll positions in the Judicial Department are apcial Department are ap

pointive.pointive.

The National Lawmaking The National Lawmaking body is Congress.body is Congress.

It has two houses– Senate anIt has two houses– Senate and House of Representatives.d House of Representatives.

The Senate has 24 The Senate has 24 Members with a Members with a term of 6 years.term of 6 years.

The members of the House The members of the House of Representatives are of twof Representatives are of two classes: those who represo classes: those who represent legislative districts and ent legislative districts and are elected by districts, and are elected by districts, and those elected as partylist mthose elected as partylist members and are elected natiembers and are elected nationwide.onwide.

There are different political There are different political subdivisions, namely:subdivisions, namely:

1.1. Regions– ex. Autonomous Region Regions– ex. Autonomous Region of Muslim Mindanao (ARMM)of Muslim Mindanao (ARMM)

2.2. ProvincesProvinces3.3. Cities and municipalitiesCities and municipalities4.4. Barangays (The smallest political uBarangays (The smallest political u

nite)nite)

In the Executive Department, the In the Executive Department, the following are elective positions:following are elective positions:

1.1. President and Vice PresidentPresident and Vice President2.2. Regional Governor and Regional Vice GRegional Governor and Regional Vice G

overnor in ARMM.overnor in ARMM.3.3. Provincial Governor and Vice Governor.Provincial Governor and Vice Governor.4.4. City or Municipal Mayor and Vice MayorCity or Municipal Mayor and Vice Mayor5.5. Punong Barangay or Barangay CaptainPunong Barangay or Barangay Captain

The members of the lawmaking The members of the lawmaking body in each political subdivision body in each political subdivision

are all elective. They have a are all elective. They have a unicameral lawmaking body.unicameral lawmaking body.

1.1. Regional Assembly for RegionsRegional Assembly for Regions2.2. Provincial Council for ProvincesProvincial Council for Provinces3.3. City or Municipal CouncilCity or Municipal Council4.4. Barangay CouncilBarangay Council

Elective officials have a 3 Elective officials have a 3 year term except the year term except the

President, Vice President President, Vice President and Senators who have six and Senators who have six

years.years.

Unique Features of Philippine Unique Features of Philippine ElectionsElections

Elections are Elections are SYNCHRONIZEDSYNCHRONIZED hencehence elections nationwide take elections nationwide take place every three years– on the place every three years– on the second Monday of May.second Monday of May.

EFFECTEFFECT

1.1. Preparations for elections are Preparations for elections are very massive.very massive.

2.2. Election supervision by Election supervision by COMELEC becomes difficult and COMELEC becomes difficult and provides opportunities for provides opportunities for election irregularities.election irregularities.

3.3. Election becomes a long and Election becomes a long and tedious process.tedious process.

Unique features of COMELECUnique features of COMELEC

1.1. Administrative body that Administrative body that conducts, administers, and conducts, administers, and supervises: a) registration of supervises: a) registration of voters, b) elections of voters, b) elections of candidates.candidates.

2.2. Quasi judicial body– acts as Quasi judicial body– acts as a tribunal or courta tribunal or court

COMELEC, as a tribunal or COMELEC, as a tribunal or court, has original jurisdictiocourt, has original jurisdiction to entertain, hear and decin to entertain, hear and decide election protests and qude election protests and quo warranto proceedings for o warranto proceedings for city, provincial and regional city, provincial and regional

positions.positions.

Appellate jurisdiction Appellate jurisdiction over cases decided by over cases decided by courts for municipal acourts for municipal and barangay positions.nd barangay positions.

BASIC INFORMATION ON THE BASIC INFORMATION ON THE ELECTION PROCESSELECTION PROCESS

1.1. Casting & counting of votes Casting & counting of votes are done in the precincts.are done in the precincts.

2.2. To record the votes of the To record the votes of the candidates, COMELEC candidates, COMELEC issues forms called Election issues forms called Election Returns. Returns.

Because elections are Because elections are synchronized and there are synchronized and there are

so many positions to be voted so many positions to be voted for, and there is a multi-party for, and there is a multi-party

system there are many system there are many candidates for each position.candidates for each position.

As a consequence, election As a consequence, election returns are very long and may returns are very long and may

consist of 10 pages.consist of 10 pages.

BASIC INFORMATION ON THE BASIC INFORMATION ON THE ELECTION PROCESSELECTION PROCESS

3. After the counting of votes and the 3. After the counting of votes and the votes of candidates are entered in votes of candidates are entered in the election returns, they are then the election returns, they are then submitted to Canvassing Boards.submitted to Canvassing Boards.

Because in synchronized elections, Because in synchronized elections, national and local positions are national and local positions are involved, there are several layers of involved, there are several layers of Canvassing Boards.Canvassing Boards.

These areThese are

1.1. City or Municipal Board of Canvassers. CanvaCity or Municipal Board of Canvassers. Canvassing the votes means to consolidate or add ssing the votes means to consolidate or add votes of candidates from one precinct to anovotes of candidates from one precinct to another. After the board has canvassed the votes,ther. After the board has canvassed the votes, in their level, they proclaim the winning can in their level, they proclaim the winning candidates for city or municipal positions. They didates for city or municipal positions. They accomplish a form called certificate of canvaaccomplish a form called certificate of canvass and proclamation. They also prepare a stass and proclamation. They also prepare a statement of votes by precinct for the other cantement of votes by precinct for the other candidates in other positions (i.e. provincial, condidates in other positions (i.e. provincial, congressional, partylist, and senatorial). In the egressional, partylist, and senatorial). In the event it is a national election they also canvasvent it is a national election they also canvass the votes for president and vice president.s the votes for president and vice president.

These areThese are

2. Provincial Board of Canvassers: This board ca2. Provincial Board of Canvassers: This board canvasses the votes written in the statement of vnvasses the votes written in the statement of votes by precinct as accomplished by the city or otes by precinct as accomplished by the city or municipal board of canvassers. After the canvamunicipal board of canvassers. After the canvass in their level they also proclaim the winning ss in their level they also proclaim the winning candidates for provincial positions. Provincial candidates for provincial positions. Provincial board of canvassers also accomplish a statemboard of canvassers also accomplish a statement of votes by cities or municipalities which tent of votes by cities or municipalities which they forward to the commission on elections fohey forward to the commission on elections for partylist and senatorial positions, and in case r partylist and senatorial positions, and in case of national elections, they also forward canvasof national elections, they also forward canvass of votes by cities and municipalities to congrs of votes by cities and municipalities to congress.ess.

These areThese are

3. National Board of Canvassers: COMELE3. National Board of Canvassers: COMELEC canvasses the votes for senators and pC canvasses the votes for senators and partylists based on the certificate of canvartylists based on the certificate of canvass of votes by provincial boards of canvass of votes by provincial boards of canvasses supported by a statement of votes asses supported by a statement of votes by cities and municipalities. On the basis by cities and municipalities. On the basis of the canvass they proclaim the winninof the canvass they proclaim the winning candidates for the senate and partylist.g candidates for the senate and partylist.

These areThese are

4. Congress in joint session assembled 4. Congress in joint session assembled (Senate and House of Representatives): (Senate and House of Representatives): It canvasses the votes of candidates for It canvasses the votes of candidates for the positions of President and Vice the positions of President and Vice President based on the certificate of President based on the certificate of canvass of votes submitted by canvass of votes submitted by provincial boards of canvassers and provincial boards of canvassers and supported by the statement of votes by supported by the statement of votes by cities and municipalities.cities and municipalities.

All winners are All winners are proclaimed on the basis proclaimed on the basis

of plurality of votes.of plurality of votes.

AfterAfter the proclamation of the the proclamation of the winning candidates, should there winning candidates, should there be any dispute related to election be any dispute related to election

results, the legal solution is results, the legal solution is through an election protest that through an election protest that

may be filed only by a losing may be filed only by a losing candidate for the same position candidate for the same position

being challenged before a proper being challenged before a proper electoral tribunal.electoral tribunal.

Different Electoral TribunalsDifferent Electoral Tribunals

1.1. Regional Trial Courts – For municipal Regional Trial Courts – For municipal elective positionselective positions

2.2. COMELEC – For city/provincial/regional COMELEC – For city/provincial/regional positionspositions

3.3. House of Representatives Electoral House of Representatives Electoral Tribunals (HRET) – For members of House Tribunals (HRET) – For members of House of Representatives.of Representatives.

4.4. Senate Electoral Tribunal (SET) – For Senate Electoral Tribunal (SET) – For members of the Senatemembers of the Senate

5.5. Presidential Electoral Tribunal (PET) – For Presidential Electoral Tribunal (PET) – For the position of President or Vice the position of President or Vice presidentpresident

When to file election protestsWhen to file election protests

1. For municipal positions– within 10 days 1. For municipal positions– within 10 days afterafter proclamation. proclamation.

2. For city/provincial/regional positions – 2. For city/provincial/regional positions – within 10 days within 10 days after after proclamation.proclamation.

3. For members of the House of 3. For members of the House of Representatives – within 10 days Representatives – within 10 days afterafter proclamation.proclamation.

4. For members of the Senate – within 15 4. For members of the Senate – within 15 days days after after proclamation.proclamation.

5. For President and Vice President – within 5. For President and Vice President – within 30 days 30 days afterafter proclamation. proclamation.

For HRET, SET and PET, these For HRET, SET and PET, these tribunals are composed of nine tribunals are composed of nine judges, three of whom comes judges, three of whom comes from the Supreme Court, three from the Supreme Court, three

from the dominant majority party, from the dominant majority party, and three from the dominant and three from the dominant minority party based on the minority party based on the

present membership of political present membership of political parties in the two houses.parties in the two houses.

The election protest may include The election protest may include correction of manifest errors in the correction of manifest errors in the election returns or a statement of votes by election returns or a statement of votes by precinct, city and municipality, such that if precinct, city and municipality, such that if corrected the results of the election will be corrected the results of the election will be altered such that the losing candidate will altered such that the losing candidate will have more votes than the winning have more votes than the winning candidate.candidate.In this case it seeks to annul the In this case it seeks to annul the proclamation of the winner and for the proclamation of the winner and for the tribunal to proclaim the protestor or tribunal to proclaim the protestor or protestant the winner.protestant the winner.

The election protest may also be The election protest may also be grounded on election irregularities or grounded on election irregularities or election fraud such as misreading of election fraud such as misreading of ballots, padding or shaving of votes, ballots, padding or shaving of votes, terrorism, violence, or vote-buying. In terrorism, violence, or vote-buying. In

this case, the election protest will this case, the election protest will entail review or rereading of ballots entail review or rereading of ballots for the tribunals evaluation for such for the tribunals evaluation for such precincts identified in the election precincts identified in the election

protests.protests.

An election protest may only An election protest may only be filed against a duly be filed against a duly

proclaimed winner.proclaimed winner.

It can only be filed by a losing It can only be filed by a losing candidate who was voted in candidate who was voted in

the election for the same the election for the same position. position.

An election protest complaint must An election protest complaint must comply strictly with procedural comply strictly with procedural requirements under rulesrequirements under rules

a)a) It must be filed within the reglementary period.It must be filed within the reglementary period.b)b) All fees required must be paid within the same All fees required must be paid within the same

reglementary period.reglementary period.c)c) It must contain all the allegations required by tIt must contain all the allegations required by t

he rules to make it sufficient in form and substahe rules to make it sufficient in form and substance.nce.

d)d) It must be under oath by the protestor or proteIt must be under oath by the protestor or protestant.stant.

e)e) It must contain a certification of non-forum shIt must contain a certification of non-forum shopping.opping.

Answer to an Election ProtestAnswer to an Election Protest

1.1. Protestee or the proclaimed wiProtestee or the proclaimed winner shall file an answer within nner shall file an answer within the prescribed period to file it.the prescribed period to file it.

2.2. It may contain a counter-proteIt may contain a counter-protest. For the counter protest, payst. For the counter protest, payment of fees are also required.ment of fees are also required.

ProcedureProcedure1.1. After the answer has been filed, the tribunal schedules a pre-trial conference bAfter the answer has been filed, the tribunal schedules a pre-trial conference b

etween the parties to determine whether parties can make stipulation of facts etween the parties to determine whether parties can make stipulation of facts or admissions.or admissions.

2.2. The court aided by the parties may simplify the issues based on the admissions.The court aided by the parties may simplify the issues based on the admissions.3.3. Determine the number of witnesses during the pre-trial which the parties may Determine the number of witnesses during the pre-trial which the parties may

present.present.4.4. Schedule the start of the review of ballots.Schedule the start of the review of ballots.5.5. Revision of ballots is done by a committee of revisers composed of three persoRevision of ballots is done by a committee of revisers composed of three perso

ns, the chairman of whom is appointed by the tribunal while the 2 members arns, the chairman of whom is appointed by the tribunal while the 2 members are revisers appointed by each party.e revisers appointed by each party.

6.6. During the revision of ballots objections by the revisers of the parties may be During the revision of ballots objections by the revisers of the parties may be made against any ballot. These are all recorded so a revision report per precinmade against any ballot. These are all recorded so a revision report per precinct may be made and submission to the court to enable him to know the disuptct may be made and submission to the court to enable him to know the disupted ballots and to make a ruling there all.ed ballots and to make a ruling there all.

7.7. When all protested precincts had been reviewed or revised by the revisers, the When all protested precincts had been reviewed or revised by the revisers, the protestant is ordered to identify 20 percent of the entire protested precincts to protestant is ordered to identify 20 percent of the entire protested precincts to make a preliminary finding whether, on the basis of the 20 percent chosen, themake a preliminary finding whether, on the basis of the 20 percent chosen, there is enough proof to show that the protestant has a chance to win the protest. re is enough proof to show that the protestant has a chance to win the protest. If the 20 percent does not show this chance, the petition is dismissed.If the 20 percent does not show this chance, the petition is dismissed.

If the protestant can show that he has a chance to win tIf the protestant can show that he has a chance to win the protest. Then the counter-protested precincts are revhe protest. Then the counter-protested precincts are rev

ised.ised.

A revision report is also prepared by the revisers commitA revision report is also prepared by the revisers committee to be submitted to the court.tee to be submitted to the court.

After the evaluation of the disputed ballots by the court, After the evaluation of the disputed ballots by the court, the tribunal makes rulings and prepares the decision.the tribunal makes rulings and prepares the decision.

If the protestant wins, the proclamation of the protestee If the protestant wins, the proclamation of the protestee is annulled and the protestant is proclaimed the winner.is annulled and the protestant is proclaimed the winner.

After finality of the decision, the new winner takes his oaAfter finality of the decision, the new winner takes his oath and assumes his position.th and assumes his position.