ELECTION PROTEST QUO WARRANTO DISQUALIFICATION

(ordinary action) (ordinary action) CASE

(special action)
AS TO NATURE
Strictly a contest between the Refers to questions of
DEFEATED and WINNING DISLOYALTY or INELIGIBILITY
candidates based on grounds of of the winning candidate.
election frauds or irregularities, It is a proceeding to unseat
as to who actually obtained the the ineligible person from
majority of the legal votes and office, but not to install the
therefore is entitled to hold the protestant in his place.
office.
AS TO WHO MAY FILE
It can only be filed by a It can be filed by ANY VOTER; Any citizen of voting
CANDIDATE who has duly filed a hence, it is not considered a age, or duly registered
COC and has been voted for. contest where the parties political party,
wish to be seated into the organization or
Filed by any candidate who was office. coalition of political
voted for in the same office and parties may file with
who received the second or the Law Department
third highest number of votes. of the Commission a
petition to disqualify a
candidate on grounds
provided by law.
AS TO EFFECT
A protestee may be OUSTED While the respondent may If the petition, for
and the protestant SEATED in be unseated, the petitioner reasons beyond the
the office vacated. will not be seated. control of the
Commission, cannot
be decided before the
completion of the
canvass, the votes cast
for the respondent
may be included in the
counting and in the
canvassing; however,
if the evidence of guilt
is strong, his
proclamation shall be
suspended
notwithstanding the
fact that he received
the winning number
of votes in such
election.
TIME TO FILE
A verified petition contesting Within ten (10) days from the Any day after the last
the election of any regional, date the respondent is day for filing of
provincial or city official shall be proclaimed. certificates of
filed by any candidate who duly candidacy but not
filed a certificate of candidacy later than the date of
and has been voted for the proclamation.
same office, within ten (10)
days after the proclamation of
the results of the election.
- suspended during the
pendency of a pre-
proclamation
controversy

GROUNDS
 Fraud;  Ineligibility  Any candidate who
 Terrorism;  Disloyalty to the does not possess
 Irregularities; or Republic all the
 Illegal acts committed qualifications of a
before, during, or after the candidate as
casting and counting of provided for by the
votes. Constitution or by
existing law or who
NOTE: The grounds for Election commits any act
Protest are too general enough declared by law to
to include even the grounds be grounds for
listed below. disqualification
may be disqualified
from continuing as
a candidate.

 See list below.

JURISDICTION
District Representative – District Representative – Law Department of
House of Rep. Electoral HRET COMELEC
Tribunal (HRET), if the official
has already been proclaimed, Regional/Provincial/City
took his oath, and assumed Official – COMELEC Division
office; otherwise, COMELEC
Division. Municipal Officials - RTC

Regional/Provincial/City
Official – COMELEC Division

Municipal Official - RTC

GROUNDS FOR PETITION FOR DISQUALIFICATION

1. Disqualifications under Section 12 of the Omnibus Election Code (OEC):

 Declared incompetent or insane by competent authority
 Convicted by final judgment for subversion, insurrection, rebellion or any offense
for which he has been sentenced to a penalty of more than eighteen (18)
months imprisonment, before the expiration of 5 years from his service of
sentence;
 Convicted by final judgment for a crime involving moral turpitude;
e.g. violation of BP 22, violation of Anti-Fencing Law, Direct Bribery, and Libel.
2. Disqualifications under Section 68 of the Omnibus Election Code (OEC):
 One who has given money or other material consideration to influence, induce
or corrupt the voters or public officials performing electoral functions;
 One who committed acts of terrorism to enhance his candidacy;
 One who spent in his election campaign an amount in excess of that allowed by
the OEC;
 One who has solicited, received or made contributions prohibited under:
Sec. 89 (transportation, food and drinks)
Sec. 95 (public or private financial institutions, public utilities, or
exploitation of natural resources, contractors of public
works or other government contracts, franchise holders or
concessionaires, educational institutions receiving grants
from the government, officials of the Civil Service or the
AFP, foreigners or foreign corporations)
Sec. 97 (raising of funds through lotteries, cockfights, boxing
bouts, bingo, beauty contests, etc.)
Sec. 104 (prohibited contributions to churches, school
buildings, roads, bridges, medical clinics, etc.)

 One who has violated the provisions of:

Sec. 80 (Campaign period)
Sec. 83 (removal, destruction of lawful election propaganda)
Sec. 86 (regulation of propaganda through mass media)
Sec. 261 (ELECTION OFFENSES)
 Vote-buying and vote-selling
 Conspiracy to bribe voters
 Wagering upon result of election
 Coercion of subordinates
 Threats, intimidation, terrorism, use of fraudulent device or other forms
of coercion
 Coercion of election officials and employees
 Appointment of new employees, creation of new position, promotion, or
giving salary increases
 Transfer of officers and employees in the civil service
 Intervention of public officers and employees
 Undue influence
 Unlawful electioneering
 Prohibition against dismissal of employees, laborers, or tenants
 Appointment or use of special policemen, special agents, confidential
agents or the like
 Illegal release of prisoners before and after election
 Use of public funds, money deposited in trust, equipment, facilities
owned or controlled by the government for an election campaign
 Deadly weapons
 Carrying firearms outside residence or place of business
 Use of armored land, water or air craft
 Wearing of uniforms and bearing arms
  Policemen and provincial guards acting as bodyguards or security guards
 Organization or maintenance of reaction forces, strike forces, or other
similar forces
 Prohibition against release, disbursement or expenditure of public funds
 Prohibition against construction of public works, delivery of materials for
public works and issuance of treasury warrants and similar devices
 Suspension of elective provincial, city, municipal or barangay officer
 On candidacy and campaign:
(1) Any political party which holds political conventions or
meetings to nominate its official candidates earlier that the
period fixed in this Code.

(2) Any person who abstracts, destroys or cancels any certificate

of candidacy duly filed and which has not been cancelled
upon order of the Commission.

(3) Any person who misleads the board of election inspectors by

submitting any false or spurious certificate of candidacy or
document to the prejudice of a candidate.

(4) Any person who, being authorized to receive certificates of

candidacy, receives any certificate of candidacy outside the
period for filing the same and makes it appear that said
certificate of candidacy was filed on time; or any person who,
by means of fraud, threat, intimidation, terrorism or
coercion, causes or compels the commission of said act.

(5) Any person who, by any device or means, jams, obstructs or

interferes with a radio or television broadcast of any lawful
political program.

(6) Any person who solicits votes or undertakes any propaganda,

on the day of election, for or against any candidate or any
political party within the polling place or within a radius of
thirty meters thereof.

3. Disqualifications under Section 40 of RA 716 or the Local Government Code (LGC):

For LOCAL ELECTIVE OFFICE ONLY (member of HOR are not included):
 Those sentenced by final judgment for an offense involving moral turpitude or
for an offense punishable by one (1) year or more of imprisonment, within two
(2) years after serving sentence;
 Those removed from office as a result of an administrative case;
 Those convicted by final judgment for violating the oath of allegiance to the
Republic;
 Those with dual citizenship;
 Fugitives from justice in criminal or non-political cases here or abroad;
 Permanent residents in a foreign country; and
 Insane or feeble-minded.
PROCEDURE OF ELECTION PROTESTS