Election Contest- Pres & VP

8/19/2019 Election Contest- Pres & VP

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Election

Contest


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ElectionContestThese are adversarial

proceedings by which

matters involving the

title or claim to an

elective ofce, made

beore or ater

proclamation o the

winner, is settled whether

or not the contestant is

claiming the ofce in

dispute. The purpose o

an election contest is to

ascertain the candidate

lawully elected to ofce.


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Nature o Election Contes

An election contest is imbued with public interest. The election

must be liberally construed to avor the will o the people. An e

contest may not be deeated by mere technical objections. nti

the election protest is decided against him, a person who has b

proclaimed as duly elected has the lawul right to assume and p

duties and unctions o the ofce.


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Jurisdiction over election contests

Supreme Court

The !upreme Court, sitting en banc, shall be the sole judgeo all contests relating to the election, returns, and

dis"uali#cations o the $resident, %ice&$resident, and maypromulgate its rules or such purpose. 'Art. %((, !ec. ),

*+- Constitution

Electoral Tribunals oand House of Repre

The Senate and the HoRepresentatives have their tribunals. Each electoral tri

members: 3 Supreme Courmembers of the Senate or Representatives as the caswho shall be chosen on theproportional representationpolitical parties and the paor#ani$ations re#istered unlist s"stem represented the

Sec. *+ *9,+ Constitution-


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C/E0EC

The C/0E1EC has e2clusive original jurisdiction over all electioncontests relating to the elections, returns, and "uali#cations o all

elective3

'* 4egional /fcials5

'6 $rovincial /fcials5 and

'7 City /fcials 8ecisions in these cases may be appealed to the

!upreme Court

The C/0E1EC has appellate jurisdiction over all contests involvingelective municipal ofcials decided by trial courts o general

jurisdiction 'i.e., 4egional Trial Courts or involving elective barangayofcials decided by trial courts o limited jurisdiction 'i.e., the

0unicipal Trial Courts.

involving elective municipal and barangay ofces shall be #nal,e2ecutory and not appealable. '!ec. 6, Art. (9&C, *+- Constitution

Note, however, that this does not preclude a recourse to the !upremeCourt by way o a special civil action or certiorari.

Re#ional and /unicipaCourts

The Re#ional Trial Courts a

Courts have e1clusive ori#iover municipal and baran#respectivel".

)t must be noted that cases4uali5cations of candidatesSan##unian# 6abataan 5leelection are decided b" thewhile those 5led after the edecided b" the /TCs


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Election Contests or$resident : %ice&$resident

The Supreme Court sittin# en banc shall be the sole 2ud#e of allcontests relatin# to the election returns and 4uali5cations of the7resident or (ice%president and ma" promul#ate its rules for thepurpose.


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'./. 8o. *%%;9%SC &/a" ;*-


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Rules under './. 8o. *%%;9%SC:

Rule ,. )nherent powers of the Tribunal:

7reserve and enforce order in proceedin#s before it or before an" of its>ivisions or ocials actin# under its authorit"?

'dminister or cause to be administered oaths in an" contest before itand in an" other matter where it ma" be necessar" in the e1ercise of itpowers?

Compel the attendance of witnesses and production of evidence in an"contest before it.


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Compel obedience to its decisions resolutions orders and processes?

Control its processes and amend its decisions resolutions or orders to ma@conformable to law and 2ustice?

'uthori$e a cop" of a lost or destro"ed pleadin# or other paper to be 5led ainstead of the ori#inal cop" thereof and to restore and suppl" de5ciencies records and proceedin#s? and

7romul#ate its own rules of procedure and amend or revise the same &R+-


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Rule *. How is an election contestinitiated?

'n election contest is initiated b" the 5lin# of an election protest or apetition for quo warranto a#ainst the 7resident or (ice% 7resident. 'nelection protest shall not include a petition for quo warranto. ' petitionfor quo warranto shall not include an election protest.


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Rule *B. Election Protest

The re#istered candidate for 7resident or (ice%7resident of the7hilippines who received the second or third hi#hest number of votesma" contest the election of the 7resident or (ice%7resident as the casema" be b" 5lin# a veri5ed election protest with the Cler@ of the7residential Electoral Tribunal within thirt" da"s after the proclamationof the winner.


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Rule *!. Quo Warranto

' veri5ed for quo warranto contestin# the election of the 7resident or (on the #round of ineli#ibilit" or dislo"alt" to the Republic of the 7hilippib" an" re#istered voter who has voted in the election concerned withinthe proclamation of the winner.

D 'RR'8T:

* A legal proceeding during which an individual's right to hold an ofce or

privilege is challenged


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Rule *+. !ontents o" the Protest or petition

&'- 'n election protest or petition for quo warranto shall commonl"state the followin# facts:

&a- the position involved?

&b- the date of proclamation? and &c- the number of votes credited to the parties per the proclamation.


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&F- ' quo warranto petition shall as state:

&a- the facts #ivin# the petitioner standin# to the 5le the petition?

&b- the le#al re4uirements for the oce and the dis4uali5cations

prescribed b" law? &c- the protesteeGs #round for ineli#ibilit" or the speci5c acts of

dislo"alt" to the Republic of the 7hilippines


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&C- 'n election protest shall also state:

&a- that the protestant was a candidate who had dul" 5led a certi5cate of canhad been voted for the same oce.

&b- the total umber of precincts of the re#ion province or cit" concerned? &c- the protested precincts and votes of the parties to the protest in such pre

Statement of (otes F" 7recincts or if the votes of the parties are not speci5ee1planation wh" the votes are not speci5ed ? and

&d- a detailed speci5cation of the acts or omissions complained of showin# thfrauds anomalies or irre#ularities in the protested precincts. &n-#avvphi#


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Rule ;*. $ummar% &ismissal o"Election !ontest

'n election protest or petition for quo warranto ma" be summaril" dismisse Tribunal without re4uirin# the protestee or respondent to answer if inter alia

&a- the protest or petition is insucient in form and substance?

&b- the protest or petition is 5led be"ond the periods provided in Rules *B an &c- the 5lin# fee is not paid within the periods provided in Rules *B and *!?

&d- the cash deposit or the 5rst Two Hundred Thousand 7esos &7 ;.within ten da"s after the 5lin# of the protest? and

&e- the protest or petition or copies and their anne1es 5led with the Tribunal le#ible. &R;a-


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Case Study:Dimangadap Dipatuan vs.

Comelec

Election Contest- Pres & VP

Documents

Transcript of Election Contest- Pres & VP