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7/30/2019 Perspectives of Election Rules of Procedure
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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
IMPRISONMENT/ DENIAL OFRIGHT OFSUFFRAGE/DISQUALIFICATION
UNAUTHORIZED ACCESS TOCONTENTS OF BALLOT BOX CRIMINAL COMPLAINT/CHALLENGE RECORDED INMINUTES OF VOTING/CANVASSING/ELECTION PROTEST
IMPRISONMENT/ DENIAL OFRIGHT OFSUFFRAGE/DISQUALIFICATION
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-