Copies of A Compilation of Supreme Court Rulings on Election Cases (Promulgated from 1901 to 2001) are available at the Office of the Secretary of the Tribunal, Senate Electoral Tribunal, Electoral Tribunals’ Building, COA Compound, Batasan Road corner Commonwealth Avenue, Quezon City.  For inquiries, you may call (02) 931-7786 from Mondays to Fridays, 8:00 AM -4:30 PM.

 

Chapter I: General Principles

  1. Source of Sovereign Power
  2. Republicanism

Chapter II: Suffrage

  1. Right to Suffrage Defined
  2. Source of Suffrage
  3. Nature of Suffrage
  4. Object of Suffrage
  5. Power of Congress to Regulate Suffrage
  6. Scope of Suffrage

Chapter III: Election

  1. Election, defined
  2. Purpose of Election
  3. System of Election Adopted in the Philippines
  4. Sources of Laws Governing Elections
  5. Aims and Objects of Election Laws
  6. Rules of Interpretation of Election Laws
  7. Kinds of Elections
  8. Initiative, Referendum, Recall, and Plebiscite

Chapter IV: Elective Constitutional Officers

  1. President and Vice President
  2. Senators
  3. House of Representatives
  4. Party-list Representatives

Chapter V: Other Elective Officials

  1. Local Officials
  2. Regional Assembly of the Autonomous Region
  3. Barangay Officials

Chapter VI: Qualifications of Elective Officials

  1. Citizenship
  2. Age
  3. Residence
  4. Registered Voter
  5. Literacy

Chapter VII: Electoral Tribunals

  1. Presidential Electoral Tribunal
  2. Senate Electoral Tribunal

a. Under the Jones Law

b. Under the 1935 Constitution

c. Under the 1973 Constitution

d. Under the 1987 Constitution

3. House of Representatives Electoral Tribunal

Chapter VIII: The Courts

  1. Municipal Trial Courts

a. Inclusion or exclusion proceedings

b. Barangay elections

2. Regional Trial Courts

3. Supreme Court

Chapter IX: Commission on Elections

  1. Creation, Organization and Membership
  2. Nature and Character of the Commission
  3. Qualifications
  4. Term of Office
  5. Factors Securing Independence

a. Under the 1935 Constitution

b. Under the 1987 Constitution

6. Powers and Functions

a. Enforce election laws

b. Insure free, orderly, peaceful and credible elections

c. Decide administrative questions affecting elections

d. Supervise and control election officials, board of election inspectors and board canvassers

e. Postpone elections

f. Declare failure of elections

g. Annul elections

h. Hold special elections

i. Act as a national board of canvassers

j. Suspend/annul canvass and proclamation

k. Compel new proclamation

l. Deputize law enforcement agencies

m. Investigate and prosecute election offenses

n. Supervise and regulate use of franchise

o. Initiative

p. Reapportionment of legislative districts

q. Promulgate rules of procedure

r. Power of contempt

7. Jurisdiction

a. Original jurisdiction

b. Appellate jurisdiction

Chapter X: Registration of Political Parties

  1. Political Parties
  2. Party-List

Chapter XI: Registration of Votes

  1. Qualified Voter
  2. Registered Voter
  3. Registration Outside Date Fixed by Law
  4. Annulment of List of Voters
  5. Voters in Highly Urbanized Cities

Chapter XII: Certificate of Candidacy

  1. Filing of Certificate of Candidacy
  2. Effect of Filing of Certificate of Candidacy
  3. Withdrawal of Certificate
  4. Substitution of Candidate
  5. False Representation in the Certificate
  6. Cancellation of Certificate
  7. Correction of Certificate

Chapter XIII: Disqualifications

  1. Non-Filipino Citizen
  2. Lack of Residency
  3. Term Limits
  4. Ineligibility
  5. Misconduct
  6. Fugitive from Justice
  7. Turncoatism

Chapter XIV: Electoral Campaign, Contributions and Expenditures

  1. Campaign
  2. Contributions and Expenditures

Chapter XV: Casting and Counting of Votes

  1. Precincts and Polling Places
  2. Voting Time
  3. Board of Election Inspectors
  4. Ballots and Election Documents
  5. Spoiled Ballots
  6. Excess Ballots
  7. Counting of Votes

Chapter XVI: Appreciation of Ballots

  1. Liberal Interpretation
  2. Rules for the Appreciation of Ballots

Rule 1: Only the first name of a candidate or only his surname us written

Rule 2: Only the first name of a candidate is written which has a sound similar to the surname of another candidate

Rule 3: Candidate is a woman who uses her maiden or married surname or both

Rule 4: Two or more words are written on the same line on the ballots, all of which are the surnames of two or more candidates or two or more words are written on different lines on the ballot

Rule 5: Single word which is the first name of a candidate and which is at the same time the surname of the opponent

Rule 6: Two words are written on the ballot, one of which is the first name of the candidate and the other is the surname of the opponent

Rule 7: A name or surname incorrectly written which, when read has a sound similar to the name or surname of a candidate

Rule 8: A name of a candidate appears in a space in the ballot for an office for which he is a candidate and in another space for which he us not a candidate

Rule 9: A name of a candidate is erased and another is clearly written

Rule 10: Erroneous initial of the first name which accompanies the correct surname of a candidate; erroneous initial of the surname accompanying the correct first name of a candidate; or erroneous middle initial of the candidate

Rule 11: Another person who is not a candidate having the first name or surname of a candidate

Rule 12: Ballots containing prefixes

Rule 13: Use of nicknames and appellations of affection and friendship accompanied by the first name or surname of the candidate

1. Nicknames

2. Appellation of Affection of Friendship

3. Descriptio Personae

Rule 14: Vote containing initials only or which is illegible or which does not sufficiently identify the candidate

Rule 15: First name if a candidate is incorrectly written but with a different surname or vice versa

Rule 16: Ballot written with crayon, lead pencil, or in ink, wholly or in part

Rule 17: Two or more candidates voted for in an office for which the law authorizes the election of one

Rule 18: The candidates voted for exceed the number of those to be elected

Rule 19: Vote in favor of a person who has not filed a certificate of candidacy or in favor of a candidate for an office for which he is not a candidate

Rule 20: Name of a candidate printed and pasted or afficed through any mechanical process

Rule 21: Circles, crosses or lines on the spaces on which the voter has not voted

Rule 22: Marks bit deliberately put by the voter to serve as identification marks such as commas, dots, lines or hyphens, use of two or more kinds of writing, or accidental flourishes, strokes, stains

1. Signs/marks not considered marking

1.1. Use of two or more kinds of writing

1.2. Writing in capital letters

1.3. Use of block letters

1.4. Writing of numbers

1.5. Erasures and cancellations

1.6. Parentheses

1.7. Blemishes, smudges, fingerprints

1.8. Signs indicative of desistance

a. Blank spaces

b. Erasures

c. Words

d. Parallel lines

e. Diagonal lines

1.9. Other signs/marks not considered as identification or marking

2. Signs/marks considered as marking

2.1. Irrelevant, impertinent or derogatory remarks

2.2. Signed ballots

2.3. Indented name

2.4. Placing of “x” mark

2.5. Design/pattern for identification

2.6. Other signs/marks considered as marking

3. Repetitions of name (marked or not marked)

Rule 23: Ballot filed by two distinct persons

1. Ballot marked after they are cast

2. Ballot written by two persons (WBT)

3. Ballot written by one person (WBO)

Rule 24: Vote cast in favor of a candidate who has been disqualified by final judgement

Rule 25: Ballots wholly written in Arabic

Rule 26: Accidental tearing or perforation of a ballot

Rule 27: Failure to remove the detachable coupon

Chapter XVII: Election Returns and Certificates

  1. Election Returns

a. Prima facie status of ER

b. Authentic copies of ER

c. When ER prevails over ballots

d. Tampered of manufactured ER

e. Statistical improbability

f. No power to look beyond face of ER

g. Use of evidence aliunde

h. Inclusion/exclusion of ER

i. Amendment of ER

j. Correction of manifest errors

k. Annulment of ER

l. Effect of threat, coercion, intimidation

m. Effect of annulment of voting list

2. Tally Board or Sheet

3. Statement of Votes

4. Certificate of Votes

Chapter XVIII: Canvass and Proclamation

  1. Board of Canvassers

a. Composition

b. Ministerial Duty

c. Remedies

d. Functus Officio

2. Canvas and Proclamation

3. Recount of Votes

Chapter XIX: Pre-proclamation Controversy

  1. Definition
  2. Scope
  3. Jurisdiction
  4. Summary Procedure
  5. Not Viable After Proclamation
  6. Rules on the Presentation of Evidence

Chapter XX: Election Contest

  1. Rules of Interpretation
  2. Scope
  3. Jurisdiction
  4. Sufficiency of an Election Protest
  5. Quo Warranto
  6. Injunction
  7. Mandamus
  8. Certiorari
  9. Right to assume office
  10. Filing of election protest before proclamation
  11. Filing of petition to annul or suspend proclamation
  12. Effect of petition of the filing of a pre-proclamation controversy
  13. Real party in interest
  14. Effect of the death of a party
  15. Right to intervene in an election protest
  16. Protest rendered moot and academic
  17. Abandonment of prostest
  18. Pleading and procedure
  19. Suppletory application of the Rules of Court
  20. Verification and certification of non-forum shopping
  21. Mandatory and jurisdictional period to file protest/quo warranto
  22. Payment of the required filing fees/cash deposit
  23. Mistake committed by receiving Clerk of Court
  24. Amendments to the protest
  25. Motion to dismiss
  26. Answer
  27. General denial
  28. Counter protest
  29. Summary dismissal
  30. Preservation and safekeeping of ballots and election documents and paraphernalia
  31. Withdrawal of contested/identified pilot areas/precincts
  32. Opening and examination of the ballot box
  33. Examination of documents
  34. Tampered ballot box
  35. Due process
  36. Evidence
  37. Demurrer to evidence
  38. Summary judgement
  39. Drawing of lots
  40. Motion for reconsideration
  41. Motion for new trial
  42.  Execution of judgement pending appeal
  43. Effect of an appeal
  44. Promulgation of decision
  45. Expenses
  46. Costs
  47. Damages
  48. Vacation of judgement
  49. Right of a second placer

Chapter XXI: Election Offenses

  1. Mala Prohibita
  2. Illegal Registration
  3. Failure to register or failure to vote
  4. Not entitled to vote
  5. Thwarting the will of the people
  6. Flying voters
  7. Corruption of voters
  8. Vote buying
  9. Use of carbon paper
  10. Vote padding
  11. Fraud
  12. Terrorism
  13. Possession of deadly weapon
  14. Violation on the Gun B
  15. Obstacle to free entry to the polling place
  16. Violation on the Ban on Appointment/Detail/Transfer
  17. Electioneering
  18. Determination of probable cause
  19. Conduct of preliminary investigation

a. Under the Revised Election Code (RA 180)

b.Under the 1978 Election Code (PD 1296)

c.Under the Omnibus Election Code (BP 881)

20. Disqualification case

21. Initiation of complaint

22. Jurisdiction of Regional Trial Court

23. Authority to Appeal

24. Effect of re-election

25. Condonation

26. Amnesty

27. Misconduct

28. Damages

29. Prescription of election offenses