perspectives of election rules of procedure

7/30/2019 Perspectives of Election Rules of Procedure

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BASIC PRINCIPLES JURISDICTION. Refers to the authority to hear and

dispose cases; It may also refer to the proper judicialand/or quasi-judicial entity that may review and/oract on a particular claim and/or cause of action;

Original or Appellate; It can also be exclusive or concurrent Decreed by LAW and not subject to agreement of

the parties Determined by the parties involved/cause of action Distinguished from VENUE


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JURISDICTION IN RELATION TO

ELECTION PROCEEDINGSPRELIMINARY INVESTIGATION . Republic Act No. 9369 orthe AES LAW of 1997 states that COMELEC and otherprosecuting arms of the government have concurrent power toconduct preliminary investigation of all election offenses. (Sec.43 of R.A. 9369 amending Sec. 265 of the Batas. Pambansa 619.881)TRIAL and JUDICIAL ADJUDICATION. SECTION 268. Jurisdiction of courts . The regional trial court shall have theexclusive original jurisdiction to try and decide any criminalaction or proceedings for violation of this Code , except thoserelating to the offense of failure to register or failure to vote

which shall be under the jurisdiction of the metropolitan ormunicipal trial courts. From the decision of the courts, appeal

will lie as in other criminal cases. (Underscoring supplied)


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JURISDICTION IN RELATION TO

CAUSE OF ACTIONPRE-PROCLAMATION CONTROVERSIES . Are raisedbefore the Board of Canvassers (BOC) or the COMELEC assoon as the illegality arises. Rulings of BOC are appealableto the COMELEC within 3 days from issuance of the rulingELECTION CONTEST . Procedure to contest the electionor return of an elective official. Jurisdiction depends on theelective contest involved. (SC for Pres/VPres; SET (Contestsinvolving Senators); HRET (Contests involving House of Reps); COMELEC (Regional, Provincial/City Officials);RTC (Municipal Officials)ELECTION OFFENSES . Violations of Election Code andother Election Laws (COMELEC for preliminary investigation) (RTC- for trial and adjudication)


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PARTIES TO ELECTION

RELATED ACTIONSCOMPLAINANTS : a) any registered voter; b)authorized representatives of citizens arm; c)candidates and/or their authorized representatives oragents;RESPONDENTS: a) election offenders; b) appointiveand/or elective officials

ADJUDICATORS: COMELEC/RTC/SUPREME COURT


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ELECTION RELATED ACTIONS Ordinary Actions shall refer to Election Protests, Quo warranto, and

Appeals from decisions of courts in election protest cases

Special Actions shall refer to Petitions to deny course to certificate of candidacy, to declare a candidate as a nuisance candidate, to disqualify acandidate or to postpone or suspend an election

Special Cases - shall refer to Pre-proclamation cases

Special Reliefs - shall refer to Certiorari, Prohibition, Mandamus andContempt

Provisional Remedies - shall refer to injunction and/or restraining order

Special Proceedings - shall refer to annulment of permanent list of voters,registration of political parties and accreditation of citizens' arms of theCommission


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ELECTION LEGAL FORMSI. PETITIONII. COMPLAINT AFFIDAVIT

III. ANSWER/COMMENTIV. MEMORANDUM V. MOTIONS

FORM- PRINTED/TYPEWRITTEN/MIMEOGRAPHED

- LEGAL SIZE- FILIPINO or ENGLISH- VERIFIED ( Affidavit stating that the person verifying the same has read the

pleading and that the allegations therein are true of his own knowledge. Verifications based on "information or belief" or upon "knowledge","information" or "belief" shall be deemed insufficient.)


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PARTS OF A PLEADINGCAPTIONDOCKET NUMBER DESIGNATION OF THE PLEADINGSTATEMENT OF THE CASEIDENTIFICATION and QUALIFICATION OF THEPARTIESSTATEMENT OF FACTSISSUES ARGUMENTSPRAYER VERIFICATION


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CHALLENGES AND ELECTION

RELATED ACTIONS ON VOTING PETITION FOR INCLUSION/EXCLUSION OF VOTERS

CHALLENGE AGAINST ILLEGAL VOTERS; CHALLENGE AGAINST ILLEGAL ACTS; COMPLAINT FOR COMMISSION OF ELECTION

OFFENSE AS DEFINED UNDER THE OMNIBUS

ELECTION CODE IN RELATION TO THE PROVISIONSOF REPUBLIC ACT NO. 9369; PROTEST AGAINST ANY IRREGULARITY COMMITTED

BY THE BEI or ANY PERSON


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CHALLENGES ON CANVASSINGCHALLENGE BASED ON ILLEGAL ACTSPROTEST AGAINST ANY IRREGULARITY

PRE-PROCLAMATION CASESELECTION PROTESTELECTION OFFENSES


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CHALLENGES ON FINAL TESTING

AND SEALING (FTS)ELECTION OFFENSECHALLENGE/PROTEST ON PROTOCOL

INFIDELITY IN THE CUSTODY OF EQUIPMENT AND PARAPHERNALIA


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RELEVANT LAWS AND

GENERAL INSTRUCTIONSBATAS PAMBANSA BLG. 881 otherwise known as theOMNIBUS ELECTION CODEREPUBLIC ACT No. 9369

REPUBLIC ACT No. 7166REPUBLIC ACT No. 8436COMELEC RESOLUTION No. 9640 GENERAL INSTRUCTIONS FOR BEI

COMELEC RESOLUTION No. 9635 CONTINUITY PLANFOR THE CONDUCT OF THE AES FOR MAY 2013 COMELEC RESOLUTION No. 9648 GENERALINSTRUCTIONS FOR BOC


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ELECTION OFFENSESELECTION OFFENSE LEGAL FORM PENALTY/REMEDY

VOTE BUYING/VOTESELLING

COMPLAINT WITHSUPPORTING AFFIDAVITS WITHPRAYER FOR DISQUALIFICATION AND/OR PETITIONFOR DISQUALIFICATION

DISQUALIFICATION;CONTINUE WITHCANVASSING BUTPROCLAMATIONMAYBE SUSPENDED;IMPRISONMENT


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ELECTION OFFENSESELECTION OFFENSE LEGAL FORM PENALTY/REMEDY TRANSFERING THEREGISTRATIONRECORD OF A VOTER

COMPLAINT AFFIDAVITSTATING FACT OFTRANSFER AND THATSAME WAS MADE WITHOUT FACTUALBASIS AND ABSENCEOF NOTICE OF THE

VOTERS NEW POLLINGPLACE

IMPRISONMENT/DISQUALIFICATIONFROM HOLDING ANY PUBLIC OFFICE W/R APPOINTIVE OR ELECTIVE

DOUBLEREGISTRATION

COMPLAINT AFFIDAVITSTATING DOUBLEREGISTRATION WITHOUT FILING AN APPLICATION FOR

CANCELLATION

IMPRISONMENT/DISQUALIFICATION FROMHOLDING ANY PUBLICOFFICE W/R APPOINTIVE OR

ELECTIVE


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ELECTION OFFENSEELECTION OFFENSE LEGAL FORM PENALTY/REMEDY ILLEGAL SUBSTITUTION OF VOTER

CRIMINAL COMPLAINT/CHALLENGE RECORDED INMINUTES OF VOTING

IMPRISONMENT/ DENIAL OFRIGHT OFSUFFRAGE/DISQUALIFICATION

ILLEGAL PREPARATION OFBALLOT

CRIMINAL COMPLAINT/CHALLENGE RECORDED INMINUTES OF VOTING/CANVASSING/ELECTION PROTEST


UNAUTHORIZED ACCESS TOCONTENTS OF BALLOT BOX CRIMINAL COMPLAINT/CHALLENGE RECORDED INMINUTES OF VOTING/CANVASSING/ELECTION PROTEST


PROHIBITED ELECTION

PROPAGANDA

NOTICE OF

VIOLATION/COMPLAINT

REMOVAL OF PROPAGANDA/

DISQUALIFICATION


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ELECTION OFFENSE LEGAL FORM REMEDY/PENALTY

ILLEGAL HANDBILL/CAMPAIGN MATERIAL

COMPLAINT/PETITION FOR DISQUALIFICATION

IMPRISONMENT 8 YEARS 1 DAY TO 12 YEARS WITHOUTPOSSIBILITY OF PAROLE;DISQUALIFICATION ANDDENIAL OF RIGHT TOSUFFRAGE

UNAUTHORIZED CAMPAIGNEXPENDITURE

COMPLAINT/PETITION FOR DISQUALIFICATION

SAME

UNAUTHORIZED USE OFOFFICIAL BALLOTS/ERS/COCV AND OTHER AES GADGETS AND PARAPHERNALIA

COMPLAINT SAME

TAMPERING/DAMAGING/DESTROYING ELECTIONGADGET/EQUIPMENT/PARAPHERNALIA

COMPLAINT SAME


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ELECTION OFFENSE LEGAL FORM REMEDY/PENALTY

INTERFERING WITH,IMPEDING/ABSCONDING/ PREVENTING THEINSTALLATION OR USEOF COMPUTER COUNTING DEVICEFOR PURPOSE OF GAIN

CRIMINAL COMPLAINT SAME

GAINING OR CAUSING

ACCESS TOUSING/ALTERING/DESTROYING OR DISCLOSING ANY COMPUTER DATA USEDIN AES

CRIMINAL COMPLAINT SAME


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REFUSAL OF THECITIZENS ARM TOPRESENT COPY OF ER TO BOC

VERBAL AND FORMALCHALLENGE AND/OR COMPLAINT

IMPRISONMENT 8 YEARS 1 DAY TO 12 YEARS WITHOUT

POSSIBILITY OFPAROLE;

DISQUALIFICATION AND DENIAL OF RIGHT

TO SUFFRAGE

PRESENTATION BY THECITIZENS ARM OF

TAMPERED OR SPURIOUS ER

FORMAL COMPLAINT AND/OR CHALLENGE

-SAME-

REFUSAL OR FAILURETO PROVIDE CITIZENS ARM THEIR COPY OFER

VERBAL OR FORMALCHALLENGE/COMPLAINT

-SAME-

perspectives of election rules of procedure

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