ELECTION LAW BAR REVIEW NOTES

By ATTY. MEHOL K. SADAIN College of Law University of the Philippines CONSTITUTIONAL BACKGROUND A republican democracy requires that the People as sovereign elect their leaders. The Commission on Elections is an independent constitutional commission en!oys fiscal autonomy and possesses a wide latitude of powers in the conduct of elections. SUFFRAGE "uffrage is a privilege. #t is granted only to qualified $ilipinos who have registered as voters. %isqualification from registering and e&ercise of right to suffrage. ' Any person who has been sentenced by final !udgment to suffer imprisonment of not less than one year( such penalty not having been removed by plenary pardon or amnesty provided that )such person* shall automatically reacquire the right to vote upon e&piration of + years from service of sentence. Any person who has been ad!udged by final !udgment , of having committed any crime involving disloyalty to the duly constituted government( such as rebellion( sedition( violation of firearms laws or any crime against national security( unless restored to his full civil and political rights in accordance with law( provided , )same as above* #nsane or incompetent persons declared as such by competent authority. -"ec. ..( /.A. 0o. 1.123 #n addition Art. 4( "ec. . of the Constitution declares that 5no literacy( property or other substantive requirements shall be imposed on the e&ercise of suffrage.6 FUNCTIONS OF THE COMELEC The C78ELEC is an independent( constitutional body with administrative( legislative and !udicial or quasi9!udicial functions The C78ELEC en!oys broad latitude of powers -necessary and incidental3 in the e&ercise of its functions. ELECTION MODERNIZATION LAWS /.A. 0o. 1:;< -=une >( .22+3 0ation9wide demo of Computeri?ed Election "ystem and Pilot Testing in the .22< A/88 Elections /.A. 0o. 1;@< -%ecember AA( .22>3 Automated Election "ystem in the 8ay ..( .221 0ational and Local Elections and "ubsequent 0ational and Local Elections /.A. 0o. 2@<2 -=anuary A@( A::>3 Amending /.A. 1;@<( and Batas Pambansa Blg. 11.( as amended by /.A. >.<< WHAT IS THE AES? Sec. 2.1 o R.A. !"#!$ %&e'()'* Sec. 2 o R.A. +,"# .)The* Automated Election "ystem( hereinafter referred to as AE" )is* a system using appropriate technology which has been demonstrated in the voting( counting( consolidating( canvassing and transmission of election results and other electoral processes6. 7PE0 TECC07L7DE instead of confining the definition of counting machine to 5a machine that uses an optical scanning marF9sense reading device or any similar technology to count ballots6. /A/ER0BASED ELECTION SYSTEM A type of automated election system that uses paper ballots( records and counts votes( tabulates( consolidates G canvasses and transmits electronically the results of the vote count. )"ec. A.>( /.A. 2@<2* The counting machines used in Lanao del "ur( "ulu( Basilan and Tawi Tawi in the A::1 A/88 Elections were paper9based. The Precinct Count 7ptical "can machines are liFewise paper9based. DIRECT RECORDING ELECTRONIC ELECTION SYSTEM A type of automated election system that uses electronic ballots( records votes by means of a ballot display provided with mechanical or electro9optical components that can be activated by the voter( processes data by

means of a computer program( records voting data and ballot images( and transmits voting results electronically. )"ec. A.1( /.A. 2@<2* The voting and counting machines used in 8aguindanao in the A/88 Elections were %/E machines. MINIMUM SYSTEM CA/ABILITIES Sec. 1$ R.A. !"#! a. Adequate security b. Accuracy in counting( tabulation( canvassingGconsolidation( transmission H storage c. Error recovery d. "ystem integrity e. 4oter 4erifiable Paper Audit Trail f. "ystem auditability g. Election management system h. Accessibility to illiterates and disabled voters i. 4ote tabulating program !. Accurate ballot counter F. %ata retention provision l. "afeFeeping( storing( archiving or physical or paper resource m. Utili?e or generate official ballots n. "ystem of voter verification o. Configure access control for sensitive system data and functions

B2)33%'4e5 6. COMELEC( D./. 0o. .<@.2@ )=une .+( A::;* "C /uling /es. <>.A usurps( under the guise of an 5unofficial tabulation6 the sole and e&clusive authority of Congress to canvass the votes for President and 4ice President. Comment 5Tabulation6 is different from canvassing( which in the case of Pres and 4P votes( is the act of totalling votes in the Provl C7Cs and proclaiming the winning Pres and 4P. Comelec has not arrogated this function to itself. "ec. A@. of the 7EC allows the Comelec to transmit election results to the Central 7ffice and disseminate these to the media. 0ote that if "C is correct( then the transmission function in the present automation law -/A 2@<23 may also be considered unconstitutional if it transmits Presidential and 4ice Presidential counts. B2)33%'4e5 6. COMELEC( D./. 0o. .<@.2@ )=une .+( A::;* "C /uling The assailed resolution has no constitutional and statutory basis "ince this Court has scrapped Phase ##( the Comelec cannot implement Phase ###. The AE" provided in /A 1;@< constitutes the entire 5process of voting( counting of votes and canvassingGconsolidation of results of national and local elections(6 corresponding to Phase #( Phase ## and Phase ### of the AE" of the Comelec. Comment Ihat happened to all the laws empowering the Comelec to use technological innovations( and to all the !urisprudence acFnowledging the ComelecJs independence and wide latitude of powers to ensure election integrityK By saying what should constitute the AE"( and what Phases identified by the Comelec should correspond to the AE"( is not the "upreme Court now unfairly intruding into the function of the ComelecK $inally( the C7U/T saidL

5The Court is mindful of the salutary goals that the respondent C78ELEC had envisioned in promulgating the assailed resolution( to witL $acilitating transparency in the process Ensuring the integrity of the results /educing election results manipulation Providing timely( fast and accurate information on election results Enabling the validation of its own official count and other counts Caving an audit trail in its own account %oubtless( these are laudable intentions. But the rule of law requires that even the best intentions must be c arried within the parameters of the Constitution and the law.6

RO7UE 6. COMELEC

& & & The Court( however( will not indulge in the presumption that nothing would go wrong( that a successful automation election unmarred by fraud( violence( and liFe irregularities would be the order of the moment on 8ay .:( A:.:. 0either will it guarantee( as it cannot guarantee( the effectiveness of the voting machines and the integrity of the counting and consolidation software embedded in them. That task belongs at the first instance to Comelec( as part of its mandate to ensure clean and peaceful elections. This independent constitutional commission( it is true( possesses e&traordinary powers and en!oys a considerable latitude in the discharge of its functions.

ITF/ 6. COMELEC 5The Court does not( as indeed it cannot guarantee the success of the automation or the integrity of the coming elections. #t is not the CourtJs function to actively ensure that the automation is successfully implemented or that the elections are made free of fraud( violence( terrorism and other threats to the sanctity of the ballot. This duty lies primarily with the C78ELEC.6 )%issent of =. Tinga* )Information Technology Foundation of the Philippines, Ma. Corazon M. Akol, Miguel y, !duardo ". #opez, August C. #agman, $e% C. &rilon, Miguel "ilado, #ey 'alcedo and Manuel Alcuaz, (r. )s. Commission on !lections* C+M!#!C Chairman ,en-amin Abalos, 'r., C+M!#!C ,idding and A.ard Committee Chairman !duardo &. Me-os and Members /ideon de /uzman, (ose F. ,albuena, #amberto P. #lamas and ,artolome Cruz, (r.* Mega Pacific e'olutions, Inc., and Mega Pacific Consortium )D./. 0o. .+2.@2( =anuary .@( A::; H =une .+( A::+* RESIDENCE RE7UIREMENT FERNANDEZ 6. HRET

50either do we see the fact that petitioner was only leasing a residence in "ta. /osa at the time of his candidacy as a barrier for him to run in that district. Certainly( the Constitution does not require a congressional candidate to be a property owner in the district where he seeFs to run but only that he resides in that district for at least a year prior to election day. To use ownership of property in the district as the determinative indicium of permanence of domicile or residence implies that only the landed can establish compliance with the residency requirement. This Court would be( in effect( imposing a property requirement to the right to hold public office( which property requirement would be unconstitutional. 5This case must be distinguished from A0uino ). C+M!#!C and &omino ). C+M!#!C( where the disqualified candidate was shown to be merely leasing a residence in the place where he sought to run for office. #n A0uino and &omino( there appeared to be no other material reason for the candidate to lease residential property in the place where he filed his C7C( e&cept to fulfill the residency requirement under election laws.6

RESIDENCE RE7UIREMENT MITRA 6. COMELEC 5"pecifically( it was lost on the C78ELEC ma!ority -but not on the %issent3 that 8itra made definite( although incremental transfer moves( as shown by the undisputed business interests he has established in Aborlan in A::1 by the lease of a dwelling where he established his base by the purchase of a lot for his permanent home by his transfer of registration as a voter in 8arch A::2 and by the construction of a house all viewed against the bacFdrop of a bachelor /epresentative who spent most of his worFing hours in 8anila( who had a whole congressional district to taFe care of( and who was establishing at the same time his significant presence in the whole Province of Palawan.6 MITRA 6. COMELEC COMELEC85 %992o%c: ' i.e.( the application of sub!ective non9legal standards and the gross misappreciation of the evidence ' is tainted with grave abuse of discretion( as the C78ELEC used wrong considerations and grossly misread the evidence in arriving at its conclusion. #n using sub!ective standards( the C78ELEC committed an act not otherwise within the contemplation of law on an evidentiary point that served as a ma!or basis for its conclusion in the case.

Ie re!ect this suggested approach outright for the same reason we condemned the C78ELECJs use of sub!ective non9legal standards. 8itraJs feed mill dwelling cannot be considered in isolation and separately from the circumstances of his transfer of residence( specifically( his expressed intent to transfer to a residence outside of Puerto Princesa City to maFe him eligible to run for a provincial position his preparatory moves starting in early A::1 his initial transfer through a leased dwelling the purchase of a lot for his permanent home and the construction of a house in this lot that( parenthetically( is ad!acent to the premises he leased pending the completion of his house. These incremental moves do not offend reason at all( in the way that the C78ELECJs highly sub!ective non9legal standards do.

I' ;o4: FERNANDEZ < MITRA C%5e5... The respondents won the elections( in the case of $ernande?( by an overwhelming ma!ority )%octrine of the 8anifest Iill of the Electorate* The respondents were 07T strangers to their constituencies $ernande? having been Board 8ember -;th %istrict3 and a 4ice Dovernor of the Province( and 8itra having been a Congressman of his %istrict. )%octrine of "ubstantial Ties to H $amiliarity with Constituents* THREE0TERM LIMIT RULE ALDOVINO 6. COMELEC

Strict adherence to the intent of the three-term limit rule demands that preventive suspension should not be considered an interruption that allows an elective officials stay in office beyond three terms. A preventive suspension cannot simply be a term interruption because the suspended official continues to stay in office although he is barred from exercising the functions and prerogatives of the office within the suspension period. The best indicator of the suspended officials continuity in office is the absence of a permanent replacement and the lack of the authority to appoint one since no vacancy exists.

THE ELECTORAL /ROCESS /egistration of 4oters Pre9Election PreparationGActivities 4oting Counting Canvassing Proclamation CANVASSING

Canvass Proceedings refers to the proceedings that involve the consolidation of precinct election results at the municipal( city or district level district election results at the municipal or city level municipal or city election results at the provincial level and provincial election results at the national level( be it the C78ELEC or Congress. #t also includes the formal proclamation of the election winners at the various canvass levels. /ule A( "ec. ..!( /es. 11:;. C78ELEC /ules of Procedure on %isputes in an AE" in connection with the 8ay .:( A:.: Elections -8arch AA( A:.:3*

CCS M%c:)'e

Consolidation 8achine refers to the machine used at the canvass proceedings to consolidate precinct results( municipal and city results( provincial results( as the case may be( for purposes of getting the total votes of all candidates at a particular canvass level. /ule A( "ec. ..F( /esolution 11:; -@GAAGA:.:3*

/ROCLAMATION

The CC" 7perator shall generate the Consolidated Canvass /eport before generating and printing the C7C Denerate and print the Certificate of Canvass -C7C3 #f ALL EMPECTE% results have been received( generate and print the C7C )letter b mentions the 5Consolidated C7C6* #f not ALL EMPECTE% results are received( and there is no way for the untransmitted results to be transmitted and the results therein will no longer affect the election in a particular position( the Board shall generate and print the C7C BE P7"#T#70. #f there is 07 IAE for the untransmitted results to be transmitted( and the said results 5will A$$ECT the standing of the candidates in a particular position6( the Board shall( through the 0ational "upport Center -0"C3 5asF from the Commission authority to generate and print the certificate of canvass for that particular position and to proclaim as winners the candidates whose standing are not affected by the lacFing results6. )"ec. A>.e( /esolution 0o. 11:2*

LEGAL REMEDIES )' ELECTIONS /ED#"T/AT#70L #nclusionGE&clusion of 4oters Annulment of BooF of 4oters )List of 4oters* $#L#0D 7$ C7C"L Petition to %isqualify Petition to %eny %ue Course to or Cancel C7C Petition to %eclare as 0uisance Candidate )1uo 2arranto Petition( -available after proclamation3* ELECT#70 P/7PE/L Postponement of Elections $ailure of Elections Pre9Proclamation Controversies Annulment of Proclamation Election Protest

REGISTRATION= INCLUSION < E>CLUSION OF VOTERS "ec. @;. Petition for #nclusion. Any person whose application for registration has been disapproved or whose name has been stricFen out from the list( may file a petition )with the 8TC* to include his name in the permanent list of voters, at any time( e&cept .:+ days prior to a regular election or >+ days prior to a special election "ec. @+. Petition for E&clusion. Any registered voters( representative of a pol. party or the Election 7fficer may file with the court a sworn petition for the e&clusion of a voter from the PL4( giving the name( address and precinct number of the challenged voter at any time( e&cept .:: days to a regular election and <+ days before a special election. )/.A. 1.12( =une ..( .22<* /ROBLEM )' 4:e /ROHIBITED /ERIOD o2 FILING ?1@A < 1A (%y5 o2 I'c3B5)o' < 1@@ < #A (%y5 o2 ECc3B5)o'D "ec. @:. The -Election /egistration3 Board shall prepare and P7"T a certified list of voters 2: days before a regular election and <: days before a special election, Upon payment of the fees as fi&ed by the Commission( the candidates and heads of registered political parties shall also be furnished copies thereof. REGISTRATION= ANNULMENT OF BOOK OF VOTERS "ec. @2. ' The Commission shall( upon verified petition of any voter or election officer or duly registered political party( and after notice and hearing( A00UL any booF of voters that is 07T prepared in accordance with the provisions of this Act( or was prepared through fraud( bribery( forgery( impersonation( intimidation( force or any similar irregularity( or which contains data that are statistically improbable. )0o annulment within 2: days before an election* )/.A. 1.12* FILING OF COC5= /ETITION TO DIS7UALITY /ule A+L "ec. .. DroundsL %oes not possess all qualifications of a candidate( or Committed an act declared by law to be a ground for %N. "ec. A. Iho may fileL Any citi?en of voting age( or any pol. party( organi?ation or coalition may file with the C78ELEC Law %ept. "ec. @. Period for filingL Any day after the last day for filing of C7C( but not later than the date of proclamation. "ec. ;. 0ature of proceedingL "ummary with due notice. "ec. +. Effect if unresolved before completion of canvass. 4otes cast to be counted and canvassed( but if the evidence of guilt is strong( the proclamation shall be suspended. 7UO WARRANTO /ETITION ?Ac4B%33y % /o540/2oc3%&%4)o' Re&e(y 3)Ee 4:e E3ec4)o' /2o4e54D /ule A..

"ec. .. Petition for Nuo Iarranto LAny voter contesting the election of any regional( provincial( or city official on the ground of ineligibility or of disloyalty to the /epublic of the Philippines may file a petition for quo warranto with the Electoral Contests Ad!udication %epartment. "ec. A. Period to fileL 8ay be filed within .: days from the date of the proclamation of the respondent.

FILING OF COC5= /ETITION TO DENY DUE COURSE OR TO CANCEL /ule A@.

"ec. .. Iho may fileGgroundsL Any citi?en of voting age( or any registered pol. party( organi?ation or coalition( on the e&clusive ground that A0E 8ATE/#AL /EP/E"E0TAT#70 contained therein as /ENU#/E% BE LAI is $AL"E. "ec. A. Period to fileL Iithin + days after the last day for filing of C7Cs. &&& "ec. ;. %elegation of reception of evidenceL To officials of the C78ELEC who are members of the Bar.

FILING OF COC5= NUISANCE CANDIDATE /ule A;. "ec. .. DroundsL C7C was filed to put the election process in mocFery or disrepute or to cause confusion among the voters by similarity of the names of candidates( or by other acts or circumstances clearly demonstrating that the candidate has no bona fide intention to run for office( thus preventing a faithful determination of the true will of the electorate. "ec. A. Iho may fileL Any registered candidate for the same office( personally or through an authori?ed representative )"ec. @* LiFewise( Commission may motu proprio( maFe the cancellation or denial or due course to the C7C at any time before the election. ELECTION /RO/ER= /OST/ONEMENT OF ELECTION "ec. +( 7EC. Postponement of Election. ' Ihen for any serious cause such as violence( terrorism( loss or destruction of election paraphernalia or records( force ma!eure and other analogous causes of such nature that the holding of free( orderly( honest( peaceful and credible election should become impossible in any political subdivision( the Commission motu proprio or upon petition by any interested party( and after due notice and hearing, may postpone the election therein to a date which shall be reasonably close to the date of the election not held( suspended or which resulted in a failure of election( but not later than @: days after the cessation of the cause of such postponement or suspension of the election or failure to elect. )Also in "ec. ;( /A >.<< H Comelec /ules of Procedure( /ule A<( "ec. .. -decided by C78ELEC En Banc3* ELECTION /RO/ER= FAILURE OF ELECTION "ec. <( 7EC. $ailure of Election 9 #f( on account of force ma!eure( violence( terrorism( fraud or other analogous causes the election in any precinct has not been held on the date fi&ed( or had been suspended before the hour fi&ed by law for the closing of the voting( or after the voting and during the preparation and the transmission of the election returns or in the custody of canvass thereof( such election results in a failure to elect( and in any of such cases the failure or suspension of election would affect the result of the election( the Commission shall( on the basis of a verified petition by any interested party and after due notice and hearing( call for the holding or continuation of the election not held( suspended or which resulted in a failure to elect on date reasonably close , but not later than @: days after the cessation of the cause for such postponement or suspension of the election or failure to elect. )"ec. ;( /.A. >.<<( /ule A<( "ec. A( Comelec /ules of Procedure.* CONDITIONS FOR FAILURE OR ELECTIONS

#n 8itmug v. C78ELEC( A@: "C/A +; ).22;*( the "upreme Court heldL 5Before C78ELEC can act on a verified petition seeFing to declare a failure of election( two conditions must concurL first( no voting has taFen place in the precinctGs on the date fi&ed by law or even if there was voting( the election nevertheless resulted in a failure to elect and second( the votes not cast would affect the result of the election.6 And in the .22< case of Loong v. C78ELEC( A+> "C/A .( the "upreme Court added 5that the cause of such failure of election should have been any of the followingL force ma!eure( violence( terrorism( fraud or other analogous cases.6 Thus( 5the mere fact that the transfer of polling place was not made in accordance with law does not warrant a declaration of failure of election and annulment of the proclamation of the winning

candidate( unless the number of uncast votes will affect the result of the election.6 Balindong v. C78ELEC( A<: "C/A ;2; ).22<*. THREE INSTANCES FOR ELECTION FAILURE Election in any polling place has not been held on the date fi&ed on account of force ma!eure( violence( terrorism( fraud or analogous causes Election in any polling place had been suspended before the hour fi&ed by law for the closing of the voting( on account of force ma!eure( violence( terrorism( fraud or other analogous causes After the voting and during the preparation and transmission of the election returns or in the custody or canvass thereof( such election results in a failure to elect on account of force ma!eure( violence( terrorism( fraud or other analogous cases. -Canicosa ). C+M!#!C( A1A "C/A +.A ).22>* and 'ison ). C+M!#!C( @:; "C/A .>:( ).222*3

ELECTION /RO/ER= /RE0/ROCLAMATION CONTROVERSY

Art. MM( "ec. A;.( 7EC. ' %efinition. A pre9proclamation controversy refers to any question affecting the proceedings of the Board of Canvassers which may be raised by any candidate or any registered political party or coalition of pol. parties before the Board or directly with the Commission , in relation to the preparation( transmission( receipt( custody and appreciation of election returns.

EFFECT OF FILING "ec. A;+( 7EC &&& The Board of Canvassers shall not proclaim any candidate as winner unless authori?ed by the Commission after it has ruled on the ob!ections brought to it by the losing party( and any proclamation in violation thereof shall be void ab initio( unless the contested election returns will not affect the result of the election. ISSUES THAT MAY BE RAISED DURING THE CANVASS

"ec. A;( /eso. 11:2. ssues that may be raised during the consolidation! canvass.9#ssues affecting the composition or proceedings of the Boards may be initiated by filing a verified petition before the Board or directly with the Commission. #f the petition is filed directly with the Board( its decision may be appealed to the Commission within three -@3 days from issuance thereof. Cowever( if commenced directly with the Commission( the verified petition shall be filed immediately when the board begins to act illegally( or at the time of the appointment of the member of the board whose capacity to sit as such is ob!ected to. There shall be no pre9proclamation cases on issuesGcontroversies relating to the generation( printing( transmission( receipt and custody and appreciation of E/s or the C7Cs.

OLD /ROVISION= GROUNDS FOR /RE0/ROC "ec. A;@ of the 7EC allows the following to be raised in a pre9proclamation controversyL -a3 #llegal composition and proceedings of the B7C -b3 Election returns are incomplete( contain material discrepancies( appear to be tampered or falsified( or contain discrepancies in the same returns or in other authentic copies thereof -c3 Election returns were prepared under duress( threats( coercion or intimidation( or they are obviously manufactured or not authentic and -d3 "ubstitute or fraudulent returns were canvassed( the results of which affect the standing of the aggrieved candidates. WHAT IS ILLEGAL COM/OSITION < ILLEGAL /ROCEEDING o 4:e BOC? /ule ; )/es. 11:;* "ection .. Illegal Composition of the ,oard of Can)assers. 3 There is illegal composition of the B7C when( among other similar circumstances( any of the members do not possess legal qualifications and appointments. The information technology capable person required to assist the B7C by /epublic Act 0o. 2@<2 shall be included as among those whose lacF of qualifications may be questioned. "ection A 9 Illegal Proceedings of the ,oard of Can)assers.3 There is illegal proceedings of the B7C when the canvassing is a sham or mere ceremony( the results of which are pre9determined and manipulated as when any of the following circumstances are presentL a3 precipitate canvassing

b3 terrorism c3 lacF of sufficient notice to the members of the B7COs d3 #mproper venue. BANAT 65. COMELEC ?G.R. 111A@+$ AB*B54 1$ 2@@!D 5#n Pimentel ### v. C78ELEC( we already discussed the implications of the amendments introduced by "ections @> and @1 to "ections .+ and @: of /A >.<<( respectively and we declaredL #ndeed( this Court recogni?es that by virtue of the amendments introduced by /epublic Act 0o. 2@<2 to "ections .+ and @: of /epublic Act 0o. >.<<( pre9proclamation cases involving the authenticity and due e&ecution of certificates of canvass are now allowed in elections for President( 4ice9President( and "enators. The intention of Congress to treat a case falling under "ection @: of /epublic Act 0o. >.<<( as amended by /epublic Act 0o. 2@<2( as a pre9proclamation case is apparent in the fourth paragraph of the said provision which adopts and applies to such a case the same procedure provided under "ections .>( .1( .2 and A: of /epublic Act 0o. >.<< on pre9proclamation controversies6. ,arangay Association for 4ational Ad)ancement and Transparency 5,A4AT6 Party #ist,represented by 'al)ador ,. ,ritanico )s. Commission on !lections( )D./. .>>+:1( August >( A::2*

BANAT 65. COMELEC ?G.R. 111A@+$ AB*B54 1$ 2@@!D & & & 5#n sum( in )the* elections for President( 4ice9President( "enators and 8embers of the Couse of /epresentatives( the general rule is still that pre9proclamation cases on matters relating to the preparation( transmission( receipt( custody and appreciation of election returns or certificates of canvass are still prohibited. As with other general rules( there are recogni?ed e&ceptions to the prohibition( namelyL -.3 correction of manifest errors -A3 questions affecting the composition or proceeding of the board of canvassers and -@3 determination of the authenticity and due e&ecution of certificates of canvass as provided in "ection @: of /epublic Act 0o. >.<<( as amended by /epublic Act 0o. 2@<26. DETERMINATION o AUTHENTICITY %'( DUE E>ECUTION o 4:e COC5 The C7Cs are electronically transmitted and printed documents. The electronically transmitted and digitally signed C7Cs are the legal basis for canvass and proclamation. Cence( in order to determine their authenticity and due e&ecution( the provisions of the Electronic Commerce Act and the /ules on Electronic Evidence should be used. R.A. No. +1!2 ELECTRONIC COMMERCE ACT "ec. .. -a3 The electronic signature shall be authenticated by proof that a letter( character( number of other symbol in electronic form representing the persons named in and attached to or logically associated with an electronic message( electronic document( or that the appropriate methodology or security procedures( when applicable( were employed or adopted by a person and e&ecuted or adopted by such person( with the intention of authenticating or approving an electronic date message or electronic document. -b3 The electronic data message or electronic document shall be authenticated by proof that an appropriate security procedure( when applicable( was adopted and employed for the purpose of verifying the originator of an electronic data message or electronic document( or detecting error or alteration in the communication( content or storage -thereof3 from a specific point( , using algorithm or codes( identifying words or numbers( encryptions( answers bacF or acFnowledgment procedures( or similar security devices. ELECTRONIC 6. DIGITAL SIGNATURE #n the E9Commerce Act definition( a scanned handwritten signature( a typed name of the sender( the letter M or even a dot or comma is actually considered an electronic signature. "trictly speaFing( a digital signature is a technology specific signing method inherently offered by a technology called Public Pey Cryptography. )Albert P. %e La Cru?( A %igital "ignature Primer( 8ay A::.* WHAT DO WE MEAN BY FDIGITALLY SIGNED8? /ule A( "ec. -f3 of "C /ules on Electronic EvidenceL

, 5refers to an electronic document or electronic data message bearing a digital signature verified by the public Fey listed in a certificate6. ELECTION /RO/ER= ELECTION /ROTEST /ule <( "ection A. /es. 0o. 11:;. !lection protest. ' A petition contesting the election or returns of an elective regional( provincial( or city official shall be filed with the Commission by any candidate who was voted for in the same office and who received the second or third highest number of votes or( in a multi9slot position( was among the ne&t four candidates following the last ranFed winner duly proclaimed( as reflected in the official results of the election contained in the "tatement of 4otes. The party filing the protest shall be designated as the protestant the adverse party shall be Fnown as the protestee. HOW INITIATED Sec4)o' "$ Re5. ++@,. ' An election protest or petition for quo warranto )verified H with cert. of non9forum shopping9"ec. +* shall be filed directly with the Commission in ten -.:3 legible copies plus such number of copies corresponding to the number of protestees( within a non9e&tendible period of ten days following the date of proclamation. Each contest shall refer e&clusively to one office but contests for offices of the "angguniang PampooF( "angguniang Panlalawigan or "angguniang Panglungsod may be consolidated in one case. CONTENTS Sec4)o' 1. Contents of the protest or petition. ' An election protest or petition for quo warranto shall specifically state the following factsL a3 The position involved b3 That the protestant was a candidate who has duly filed a certificate of candidacy and has been voted for the same office. c3 The date of proclamation and d3 The number of votes credited to the parties per proclamation. An election protest shall also stateL e3 The total number of precincts of the region( province or city concerned f3 The protested precincts and votes of the parties in the protested precincts per the "tatement of 4otes By Precinct or( if the votes of the parties are not specified( an e&planation why the votes are not specified g3 A detailed specification of the acts or omissions complained of showing the electoral frauds( anomalies or irregularities in the protested precincts. SUMMARY DISMISSAL Sec4)o' !. Summary dismissal of election contest. ' The Commission shall summarily dismiss( motu proprio, an election protest and counter protest on the following groundsL a3 The Commission has no !urisdiction over the sub!ect matter b3 The protest is insufficient in form and content as required in "ection > hereof c3 The petition is filed beyond the period prescribed in these rules d3 The filing fee is not paid within the period for filing the election protest or petition for quo warranto and e3 #n case of protest where a cash deposit is required( the cash deposit is not paid within fifteen -.+3 days from the filing of the protest.

SUMMARY
#NSTITUTION$ CONCE/T < /ROCESS C78ELEC "U$$/ADE ELECT7/AL P/7CE"" /egistration Pre9Election Preparation 4oting Counting Canvassing Proclamation LEGAL REMEDIES I' 4:e ELECTORAL /ROCESS /ED#"T/AT#70 #nclusionGE&clusion Annulment of BooF of 4oters P/E9ELECT#70 P/EP Petition to %N( to %eny %ue Course( to Cancel C7C( to %eclare as 0uisance Candidate Postponement of Election 47T#0D Challenge of 4oters $ailure of Election C7U0T#0D 7b!ection to BE# Count CA04A""#0D Pre9proclamation Controversy P/7CLA8AT#70 Annulment of Proclamation Election Protest Nuo Iarranto Petition