election law notes and jurisprudence

8/12/2019 Election Law Notes and Jurisprudence

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Election Laws Reviewer

Definition:

Suffrage the right and obligation of qualified citizens to vote in the election of c ertain nationaland local of the government and in the decisions of public questions submitted to the people.It includes within its scope: election, plebiscite, initiative, referendum and recall.

Election the means b which the people choose their officials for a definite and fi!ed periodand to whom the entrust for the time being as their representatives the e!ercise of thepowers of the government, It involves the choice of selection of candidates to public office bpopular vote.

"lebiscite a vote of the people e!pressing their choice for against a proposed law orenactment submitted to them. #n election at which an proposed amendment to or revision ofthe $onstitution is submitted to the people for their ratification. # constitutional requirement osecure the approval of the people directl affected, before certain proposed changes affectinglocal governments units ma be implemented.

Initiative it is the process b which the registered voters directl propose, amend laws,national or local, though an election called for the propose. #mendments to the $onstitutionma li%ewise be directl proposed b the people though initiative.

&eferendum' it is at he submission of a law pass b the national or local legislative bod tothe registered voters of an election called for the purpose for their ratification or re(ection.

&ecall' it is a method b which a public officer ma be removed from office during his tenureor before the e!piration of his term b a vote of the people after registration of a petitionsinged b a required percentage of the qualified voters.

Since the right of suffrage is a political and not a natural right, it is within the power of thestate prescribe the manner in which such right shall be e!ercised. $ongress is mandated bthe $onstitution )Sec.*, #rt. + :

-o provide a s stem for securing the secrec and sanctit of the ballot, and for absenteevoting b qualified ilipinos abroad, and

-o design a procedure for the disabled and the illiterate to vote without the assistance ofother persons.

-/E $011ISSI02 02 E3E$-I02S

$omposition, 4ualifications, #ppointment,

-erm of 0ffice

-he $01E3E$ is composed of a chairman and si! )5 $ommission, -he $hairman and the1embers of the $ommission shall be:

6 natural 'born citizens of the "hilippines

6 at least thirt 'five ears of age

6 holders of a college degree

6 must not have been candidates for an elective position in the immediatel precedingelection

6 ma(orit thereof, including the $hairman shall be members of the "hilippines 7ar who havebeen engaged in the practice of law for at least 89 ears )reason: $01E3E$ e!ercisesquasi'(udicial powers

-he $hairman and 1embers are appointed b the president with the consent of thecommission on #ppointment for the term seven ) ears without reappointment on astaggered basis to ma%e the $01E3E$ a continuing and self'perpetuating bod .$onsequentl , its members would have the benefit of the e!perience and e!pertise of theorder members of the performance of its functions, and ma%es for greater responsibilit for itspolicies and decisions and serve as guarantee against arbitrar action which is li%el to occurin a bod handling partisans questions.

# member appointment and designations in temporar or acting capacit are not allowed topreserve its independence.

Disabilities, inhibitions;disqualifications

8. Shall not, during tenure, hold an other office or emplo ment

*. Shall not engage in the practice of profession

overnment, an of its subdivisions, agencies orinstrumentalities, including >0$$ s or their subsidiaries.

Safeguards to insure the independence of the $01E3E$

1CPRDumlao


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It is constitutionall created? ma not be abolished b statute

It is e!pressl described as @independentA

It is conferred with certain powers and functions which cannot be reduced b statute.

-he chairman and members cannot be removed e!cept b impeachment.

-he chairman and members are given fairl long term of office of seven ears.

-he chairman and members ma not be reappointed or appointed in an acting capacit .

-he salaries of the chairman and members are relativel high and ma not be decreasedduring continuance in office.

-he $01E3E$ en(o fiscal autonom .

-he $01E3E$ ma promulgate its own procedural rules, provided the do not diminish,increase or modif substantive rights )though sub(ect to disapproval b the Supreme $ourt

-he $hairman and 1embers are s ub(ect to certain disqualifications calculated to strengthentheir integrit .

-he $01E3E$ ma appoint their own officials and emplo ees in accordance with $ivilService 3aws.

En 7anc B Division $ases

SE$


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the irst Division constituted a ma(orit of the five members who deliberated and votedthereon en banc and their decision is also valid under the aforecited constitutional provisions.)$ua vs. $01E3E$, 8 5 S$ F

0ne who is no longer a member of the $01E3E$ at the time the final decision or resolutionis promulgated cannot validl ta%e part in that resolution or decision,much more could he bethe ponente of the resolution or decision.)#mbil vs. $01E3E$,


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concessions granted b the >overnment or an subdivision, agenc or instrumentalitthereof, including an government'owned or controlled corporation or its subsidiar . Suchsupervision or regulation shall aim to ensure equal opportunit , time, and space and the rightto repl , including reasonable equal rates therefor, for public information campaigns andforums among candidates in connection with the ob(ective of holding free, orderl , honest,peaceful, and credible elections.

-he authorit given to the $01E3E$ is to be e!ercised ofr the purpose of ensuring free,orderl , honest, peaceful and credible elections and onl during the election period. 2ote that>0$$s are among those that ma be supervised and regulated b the $01E3E$.

-he S$ upheld the validit of Section 88)b , 55=5, prohibiting the sale odr donation ofprint space or airtime for political advertisements, and the authorit of the $01E3E$ toprocure print space )upon pa ment of (ust compensation and free airtime for allocation tocandidates.)-elecommunication and 7roadcast #ttorne s of the "hilippines vs.$01E3E$,*FH S$


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Disqualifications

8. #n person sentenced b the final (udgment to suffer imprisonment for not less than oneear.

*. #n person ad(udged b the final (udgment of having committed

)a an crime involving dislo alt to the government or)b an crime against national securit)c firearms laws.

& 2o. 8= 955, 1arch *5, *998

Inclusion and E!clution $ases

8. Lurisdiction

i. 1unicipal or 1etropolitan -rial $ourt original and e!clusive Lurisdiction;ii. &egional -rial $ourt appellate (urisdiction ) da s )Sec.


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F. 1anner

2otice stating the place da and hour of hearing shall be served through an of the followingmeans:6 &egistered mail6 "ersonal deliver6 3eaving cop in possession of sufficient discretion in residence.6 "osting in cit hall or municipal hall and two other conspicuous places in the cit ormunicipalit at least 89 da s before the hearing )Sec.


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nominated candidates in the election ne!t following its registration shall forfeit its registration.

"art S stem. # free and open part s stem shall be allowed to evolve according to the freechoice of the people. PSec *) #rt. IC $, "$Q

-he "art 3ist S stem, is a mechanism of proportional representation in the election ofrepresentatives to the /ouse of &epresentatives, from national, regional and s ectoral parties,organizations and coalitions thereof registered with the $01E3E$. -he "art list s stemwas devised to replace the reserve seat s stem the ver essence of the part list s stemis representation b election. )+eterans ederation "art vs. $01E3E$, JIDE3I2ES 0& S$&EE2I2> "#&-M 3IS- "#&-I$I"#2-S

8. -he political part , sector, organization must represent the marginalized andunderrepresented groups identified in Sec. of H=8. ma(orit of its membership shouldbelong to the marginalized and underrepresented?

"roportional representation refers to the representation of the marginalized andunderrepresented as e!emplified b the enumeration in Sec of the law, namel ? laborpeasant, fisherfol%, urban poor, indigenous cultural communities, elderl , handicapped,women outh, veterans, overseas wor%ers and professionals. -he part list organization orpart must factuall and trul represent the marginalized and underrepresentedconstituencies mentioned in Sec. .)#ng 7agong 7a ani 0 K 3abor "art , et al vs.$01E3E$ et al >& 2o. 8= FH. Lune *5, *998

*. Khile even ma(or political parties are e!pressl allowed b H=8 and the $onstitution,the must compl with the declared statutor polic of @ ilipino citizens belonging tomarginalized and underrepresented sectors to be elected to the /ouse of &epresentatives.@-hus, the must show that the represent the interest of the marginalized andunderrepresented?

"olitical parties, even the ma(or ones, ma participate in the part list elections, e!cept forpurposes of 1a 88, 8HHF elections. -he requisite character of these organizations must beconsistent with the purpose of the part list s stem, as laid down in the $onstitution and

H=8 . . .

Jnder the $onstitution and H=8, provide respondents cannot be disqualified from thepart list elections, merel on the ground that the are political parties. Sec. #rt. +I of the$onstitution provides that members of the /ouse of &epresentatives ma be elected through

a part list s stem of registered national, regional and sectoral parties or organizations.urthermore, under Secs. and F, #rt IC $ of the $onstitution, political parties ma beregistered under the part list s stem. )#ng 7agong 7a ani 0 K 3abor "art , et al vs.$01E3E$, et al. >& 2o. 8= FH, Lune *5, *998


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b the three'seat'per'part limit to a ma!imum of two additional slots . .

6 Jnder the 2ieme er formula, the number of additional seats to which a qualified part wouldbe entitled is determined b multipl ing the remaining number of seats to be allocated b thetotal number of votes obtained b that part and dividing the product b the total number ofvotes garnered b all the qualified parties.

-he 2ieme er formula, while no doubt suitable for >erman , finds no application in the"hilippine setting because of our three seat limit and the non mandator character of thetwent percent allocation. )#ng 7agong 7a ani 0 K 3abor "art , et al vs. $01E3E$, et al.>& 2o.8= FH, Lune *5, *998

+. $#2DID#-ES #2D $E&-I I$#-ES 0 $#2DID#$M

4J#3I I$#-I02S 0 $#2DID#-ES

#. 2ational #rts. +I and +II, "$8. "resident and +ice "resident*. Senators


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acquainted not onl with the metes and bounds of their constituencies but, more important,with the constituents themselves, and a ver legalistic, academic and technical approach tothe resident requirement does not satisf this simple, practical and common sense nationalfor the residence requirement. )-ora na vs. $01E3E$ & 2o. 8=*F=9, 1a ,*998

&epatriation results in the recover of the original nationalit . -his means that a naturalizedilipino who lost his citizenship will be restored to his prior status as a naturalized ilipino

citizen. 0n the other hand, if he was originall a natural'born citizen before he lost his"hilippine citizenship, he will be restored to his former status as a natural born ilipino.)7engson, supra

Disqualifications

>rounds Jnder the 0mnibus Election $ode

#. #n person declared b competent authorit insane or Incompetent

7. #n person sentenced b final (udgment for an of the ollowing offenses:

8. Insurrection or rebellion

*. 0ffense for which he was sentenced to penalt of 1ore than 8F months


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# proclamation subsequentl declared void is no proclamation at all and while a proclaimedcandidate ma assume office on the strength of the proclamation of the 7oard of $anvassershe is onl a presumptive winner who assumes office sub(ect to the final outcome of theelection protest . .

+oluntar renunciation of a term of office does not cancel the renounced term in thecomputation of the three term limit? conversel involuntar severance from the office for anlength of time short of the full term provided b law amounts to an interruption of continuit ofservice. )3onzanida vs. $01E3E$, ador vs. $01E3E$, H S$ =o vs. $01E3E$, >& 2o. 8= =8, 1a 89, *998

orms

0ath

-he certificate must be sworn. )Sec.


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-he certificate of candidac shall be filed b the candidate personall or his dul authorizedrepresentative. 2o certificate of candidac shall be filed or accepted b mail, telegram orfacsimile.

-he evident purpose of the law in requiring the filing of certificate of candidac and in fi!ingthe time limit therefore are? )8 to enable the voters to %now, at least si!t da s before theregular election, the candidates among whom the are to ma%e the choice, and )* to avoidconfusion and inconvenience in the tabulation of the votes to the dul registered candidates,there might be as man persons voted for as there are voters, and votes might be cast evenfor un%nown or fictitious persons, as mar% to identif the votes in favor of a candidate foranother office in the same election. )1iranda vs. #ba a, 0$$ organizedunder the $orporation $ode )Kithout original charter , since the law ma%es no distinction.)"20$ ED$ vs. 23&$, *** S$ F


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ballot. Sec. 8*, H995. amending Sec. 8* of F=rounds

+iolation of 0mnibus Election $ode Sec. 5F

>iving mone or other material consideration to influence voters or public officials performingelectoral functions$ommitting acts of terrorism to enhance his candidac

Spending in his election campaign in e!cess of the amount allowed b the $odeSoliciting, receiving or ma%ing an prohibited contribution+iolations of Secs. F9, F


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proof be ond reasonable doubt to convict.

-here is no provision in 55=5 that treats of a situation where the complaint fordisqualification is filed after the election. . . .

Second paragraph of paragraph * of &es. 2o. *9 9 provides that where a complaint is filedafter the election but before proclamation, as in this case, the complaint must be dismissedas a disqualification case but shall be referred to the 3aw Department for preliminarinvestigation.

Kh there is a difference between a petition for disqualifications before and after the election

proceeds from the fact that before the electorate and those who vote for the candidateassume the ris% that should said candidate be disqualified after the election, their votes wouldbe declared stra or invalid votes and that would not be true in the case of one filed after theelectorate has alread voted . . . )7agatsing vs. $01E3E$, rego vs. $01E3E$, * = S$=F8

Jnder the same provision, intervention ma be allowed in proceedings for disqualificationeven after election if there has et no final (udgment rendered. )1ercado vs. 1azano,


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per newspaper, magazine or other publication during the campaign period. )Sec. =, H995

5. 7roadcast 1edia)i.e., -+ and radio 2ational "ositions: 8*9 minutes for -+, 8F9 minutesfor radio 3ocal "ositions: 59 minutes for -+, H9 minutes for radio

. 0ther forms of election propaganda not prohibited b the 0mnibus Election $ode and H995, and authorized b the $01E3E$.

&equirement

8. #n published or printed political matter or broadcast of election propaganda b television

or radio for or against a candidate or group of candidates to an public office shall bear andbe reasonabl legible or audible words @political advertisement paid for,A followed b the trueand correct name and address of the candidate or part for whose benefit the electionpropaganda was printed or aired.

*. If the broadcast is given free or charge b the radio or television station, it shall beidentified b the word @airtime for this broadcast was provided free of charge b A followed bthe true and correct name and address of the broadcast entit .

. "rohibited contributions

2o political contribution shall be made b the following:

8. "ublic or private financial institutions*. "ublic utilities and those who e!ploit natural resources

-hus, where an operator of a public utilit disguised a contribution to a candidate for governoras loan, the promissor note is void: )halili vs. $ourt of #ppeals, F< S$ 5


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correspondent or personalit who is a candidate for an elective public office or is a campaignvolunteer for or emplo ed or retained in an capacit b an candidate or political part shallbe deemed resigned, if so required b their emplo ers, or shall ta%e a leave of absence fromhis wor% as such during the campaign. #nd that an media practitioner who is an officialcandidate of a political part or member of the campaign staff of a candidate or political partshall not use his media time and space to favor an candidate or political part .

I. 3imitation on e!penses Sec. 8 1E17E&S8. or provinces with two or more legislative district the elective members of Sangguniang"anlalawigan )Spn shall be elected b legislative districts.*. or provinces with onl one legislative district the $01E3E$ shall divide them into

districts for purposes of electing the members of the S"n?


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# petition to postpone elections should be addressed to the $01E3E$, sub(ect to theremed of review provided for in #rt IC # Section .

In fi!ing the date of special elections the $01E3E$ should see to it that:

8. It should not be later than thirt )


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K#-$/E&S

2umber 8. 0fficial watchers

Ever registered part or coalition of parties and ever candidate is entitled to one watcherper precinct and canvassing counter.

$andidates for the local legislature belonging to the same part are entitled collectivel to onewatcher.

Si! principal watchers from 5 accredited ma(or political parties shall be recognized. )Section*5, 855

*. 0ther watchers

6 -he accredited citizenNs arm is entitled to a watcher in ever precinct.6 0ther civic organizations ma be authorized to appoint one watcher in ever precinct.)Section 8F9, 7" FF8

Important rights of watchers

8. #ll watchersa. -o sta inside the precinctb. -o inform themselves of the proceedingsc. -o file a protest against an irregularitd. -o obtain a certificate of the number of votes cast for each candidate )Section 8 H, 7"FF8*. $itizenNs #rm

-o be given a cop of the election return to be used for the conduct of an unofficial count.)Section 8, F9=

+III. $#S-I2> 0 +0-ES

8. -he chairman of the 7oard of Election Inspectors should sign each ballot at the bac%. -heomission of such signature does not affect the validit of the ballot.)3ibanan vs /&E-,*Froup composed of three )< members shall beconstituted b the $ommission from among the staff of the embassies, consulates and otherforeign service establishments concerned including their attached agencies, and citizens ofthe "hilippines abroad, who will be deputized to receive ballots and ta%e custod of the samepreparator to their transmittal to the Special 7oards of Election Inspectors.

85.89 During this phase of the election process, the authorized representatives of politicalparties, candidates, and accredited citizensN arms of the $ommission shall be notified inwriting thereof and shall have the right to witness the proceedings.

85.88 -he $ommission shall stud the use of electronic mail, internet, or other securednetwor%s in the casting of votes, and submit a report thereon to the Loint $ongressional0versight $ommittee.

Sec. 8 . +oting b 1ail.

8 .8 or the 1a *99= elections, the $ommission shall authorize b voting mail in not morethan three )< countries, sub(ect to the approval of the $ongressional 0versight $ommittee.+oting b mail ma be allowed in countries that satisf the following conditions:

a. Khere the mailing s stem is fairl well'developed and secure to prevent occasion forfraud?b. Khere there e!ists a technicall established identification s stem that would precludemultiple or pro! voting? and

c. Khere the s stem of reception and custod of mailed ballots in the embassies, consulatesand other foreign service establishments concerned are adequate and well'secured.

-hereafter, voting b mail in an countr shall be allowed onl upon review and approval ofthe Loint $ongressional 0versight $ommittee.

8 ..* -he overseas absentee voter shall send his her accomplished ballot to thecorresponding embass , consular or foreign service establishment that has (urisdiction overthe countr where he she temporaril resides. /e she shall be entitled to cast his her ballot atan time upon his her receipt thereof, provided that the same is received before the close ofvoting on the da of elections. -he overseas absentee voter shall be instructed that his her

ballots shall not be counted if not transmitted in the special envelope furnished him her.8 .< 0nl mailed ballots received b the "hilippine embass , consulate and other foreignservice establishments before the close of voting on the da of elections shall be counted inaccordance with Section 8F hereof. #ll envelopes containing the ballots received b theembassies, consulates and other foreign service establishments after the prescribed periodshall not be opened, and shall be cancelled and disposed of appropriatel , with acorresponding report thereon submitted to the $ommission not later than thirt )


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*=. < or an person to tamper with the ballot, the mail containing the ballots for overseasabsentee voters, the election returns including the destruction, mutilation and manipulationthereof.

*=.= or an person to steal, destro , conceal, mutilate or alter an record, document orpaper as required for purposes of this #ct.

*=. or an deputized agent to refuse without (ustifiable ground, to serve or continueserving, or to compl with his her sworn duties after acceptance of his her appointments?

*=.5 or an public officer or emplo ee who shall cause the preparations, printing, distributionof information material, or post the same in website without the prior approval of the$ommission.

*=. or an public emplo ee to cause the transfer, promotion, e!tension, recall of anmember of the foreign service corps, including members of the attached agencies, orotherwise cause movement of an such member from his current post or position one )8

ear before and three )< months after the da s of elections, without securing the priorapproval of the $ommission.

*=.F or an person who, after being deputized b the $ommission to underta%e activities inconnection with the implementation of this #ct, shall campaign for or assist, in whatsoevermanner, candidates in the elections.

or an person who is not citizen of the "hilippines to participate b word or deed, directl orindirectl through qualified organizations associations, in an manner and at an stage of the"hilippine political process abroad, including participation in the campaign and elections.

-he "rovision of e!isting laws to the contrar notwithstanding, and with due regard to the"rinciple of Double $riminalit , the prohibited acts described in this section are electoraloffenses and punishable in the "hilippines.-he penalties imposed under Section *5= of the 0mnibus Election $ode, as amended, shallbe imposed on an person found guilt of committing an set of the prohibited acts as definedI this section. "rovided, that the penalt or prision ma or in its minimum period shall beimposed upon an person found guilt of Section *=.< hereof without the benefit of theoperation of the Indeterminate Sentence 3aw. If the offender is a public officer or a candidate,the penalt shall be prision ma or in its minimum period. In addition, the offender shall besentenced to suffer perpetual disqualification to hold public office and deprivation of the rightto vote.

Immigrants and permanent residents who do not resume residence in the "hilippines asstipulated in their affidavit under Section )d within three )< ears after approval of his herregistration under this #ct and et vote in the ne!t elections contrar to the said section, shall

be penalized b imprisonment of not less than one )8 ear, and shall be deemed disqualifiedas provided in Section )c of this #ct. /is her passport shall be stamped @not allowed tovoteA.

IC $0J2-I2> 0 +0-ES

1#22E&8. -he 7oard of Election Inspectors shall read the ballots publicl and shall not postpone thecount until it is completed. )Section *95, 7" FF8*. -he 7oard of Election Inspectors shall assume such positions as to provide the watchersand the public unimpeded view of the ballot being read. )Section * , 855


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re(ected. )3erias vs. /&E-,*9* S$ F9F

&J3ES 0& #""&E$I#-I02 0 7#330-S

8. # ballot in which the first name or surname of a candidate is written should be counted forhim, if there is no other candidate with the same name. )3erias vs. /&E-,*9* S$ F9F

*. If onl the first name of a candidate is written and it sounds li%e the surname of anothercandidate, the vote shall be counted in favor of the latter.


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*. #fter the announcement of the results in a precinct, the authorization of the $01E3E$ isneeded to ma%e an correction or alteration.

6 If the petition is b all members of the 7EI, the results of the election will not be affected,and none of the candidate affected ob(ects, the $01E3E$, upon being satisfied of theveracit of the petition, shall order the correction.

6 If a candidate affected b the petition ob(ects and the correction will affect the results of theelection, the $01E3E$ shall order a recount of the votes, if it finds the petition meritoriousand the integrit of the ballot bo! has not been violated )section *85, 7" FF8

K/#- $02S-I-J-E #2 E3E$-I02

"luralit of votes sufficient for choice

2ot necessar that a ma(orit of voters should vote

$E&-I I$#-E 0 +0-ES

-he 7EI shall issue a certificate of the number of votes received b a candidate upon requestof a watcher. )Section 85, 7=5

-he certificate of votes is admissible in evidence to prove anomal in the election return whenauthenticated b testimon or documentar evidence of at least two members of the 7EI.

C. $#2+#SSI2> #2D "&0$3#1#-I02

$#2+#SSI2> 70DIES

8. $ongressa. "residentb. vice president*. $01E3E$a. Senatorsb. &egional 0fficials


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&I>/-S 0 $#2DID#-ES

8. Ever registered political part and candidate is entitled to one watcher in the canvassingcenter, but candidates for the local legislative bodies belonging to the same part are entitledcollectivel to one watcher. -he fact that the watcher of a candidate was not present whenthe canvassing was resumed because he was notified is not a ground to annul the canvass.)4uilala vs. $01E3E$,8FF S$ H9**. #n registered political part and candidate has the right to be present and to counsela. onl one counsel ma argue for each part of candidate? no dilator action shall be allowedara vs$01E3E$, *5* S$ ***b. 0mission in the return6 in case of an omission in the election return of the names of a candidate or his votes, theboard of canvassers shall require the 7EI to complete it.6 If the votes omitted cannot be ascertained e!cept b recounting the ballots, afterascertaining the integrit of the ballot has not been violated, the $01E3E$ shall order the7EI to count the votes for the candidate whose votes were omitted and to complete thereturn. Since the omission of the election return on the number of votes certain candidatesreceived is not a discrepanc , a recount of the vote should be ordered instead of e!cludingthe election return in the canvassing. )"atora vs. $01E3E$,*=H S$ =H9

c. -ampered or falsified return

6 If the election return submitted to the board of canvassers was tampered with or falsified orprepared under duress or b persons other than the 7EI, the board shall use the other copiesof the election return.6 If the other copies of the election returns were also tampered with or falsified or preparedunder duress or b persons other than the 7EI, the $01E3E$ after ascertaining that the

integrit of the ballot bo! has not been violated,shall order the 7EI to recount the votes andprepare a new return.6 If the certificate of canvass was tampered with, the $01E3E$ ma order that an of thecopies of the election returns be used in ma%ing a new canvass.)1astura vs. $01E3E$,*5

S$ =H

election law notes and jurisprudence

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