Special Proceedings Under Election Laws

Petition for

Section

Venue

Period of

Who may file

68

Law Department of Comelec

Filing
Any day after

Any citizen of

last day for

voting age, or

Traits, conditions, characteristics or acts of disqualification,

filing of CoCs

any duly

individually applicable to a candidate under:

but not later

registered

than date of

political party

Disqualification

Grounds

a.

Section 68 and 12 of OEC;

b.

Section 40 of LGC 1991;

c.

Section 8, Article X of Constitution;

proclamation

Proceedings

69

Comelec place where CoC was filed or with Office

Within 5 days

Any registered

Any candidate (for elective office) who filed his CoC:

of the Clerk of the Commission

1.
2.

To put election process in mockery or disrepute;

Cause confusion among voters by similarity of names of

Comelec motu

3.

registered candidates; or
By acts or circumstances, have no bona fide intention to run

Petition must

propio
Any registered

1.

Material misrepresentation as to qualifications or eligibility for

deny due

be filed

voter or duly

course

within 25

registered

2.

public office;
If the certificate is a substitute Certificate of Candidacy, when

days from the

political party

Against

from last day

voter or duly

Nuisance

of filing of

registered

Candidates

CoCs

political party;

Petition to

78

Law department of Comelec

for office

it is not a proper case of substitution under Section 77 of BP

881

filing of the
Petition to

Declare Failure

Law department of Comelec; Comelec en banc may

COC;
No period

Comelec motu

On account of force majeure, violence, terrorism, fraud or other

declare by a majority vote of its members

stated

proprio or any

analogous causes

interested

1.
2.

of Elections

party

Preproclamation

241

Either BoC or directly with Comelec (Sec 17, RA

Before

7166)

proclamation

Controversies
Sections 233, 234, 235 and 236 of the Omnibus
Election Code in relation to the preparation,
transmission, receipt, custody and appreciation of
the election returns, and the certificates of canvass
shall be brought in the first instance before the

Any
candidate,
political
party or
coalition of
political
parties

No election held on the designated election date;

Suspension of election before the hour fixed by law for the

closing of voting; and

3. Election in any polling place resulted in a failure to elect
Issues that may be raised (exclusive):
1.

Illegal composition or proceedings of the board of election

2.

canvassers
Canvassed election returns are either incomplete; contain
material defects; appear to be tampered with or falsified;
contain discrepancies in the same returns or in other

3.

authentic copies;
The election returns were prepared under duress, threats,

board of canvassers only.

coercion, intimidation; or obviously manufactured or not

4.

*Not allowed for positions of President, VP, Senator

authentic;
Substituted or fraudulent returns in controverted polling
places were canvassed, the results of which materially

and Members of HoR (Sec 15, 7166)

5.

affected the standing of the aggrieved candidates;

Manifest errors in Certificates of Canvass or Election Returns
(Sec 15, RA 7166)

Election

250-

Comelec over all contests relating to the elections,

Within 10

Candidate

Protest

252

returns and qualifications of all elective regional,

days from

who has duly

provincial and city officials (250, OEC)

proclamation

filed a CoC

RTC over contests involcing municipal officials (251,

and has been

OEC)

153

barangay officials (252, OEC)

Comelec over petitions for quo warranto involving

Within 10

regional, provincial and city officials (253, OEC)

days from

RTC over petitions for quo warranto involving

proclamation

municipal officials (253, OEC)

MeTC or MTC over petitions for quo warranto
involving barangay officials (253, OEC)

Any voter

Fraud;
Terrorism;
Irregularities;
Illegal acts committed before, during, or after the casting
and counting of votes

voted for

MeTC or MTC over election contests involving

Quo Warranto

1.
2.
3.
4.

1.
2.

Ineligibility;
Disloyalty to the Republic