Article 98p. 98

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Section 5. Effect of Petition if Unresolved Before

Completion

of

Canvass.

—

If

a

Petition

for

Disqualification is unresolved by final judgment on the

day of elections, the petitioner may file a motion with the

Division or Commission En Banc where the case is

pending, to suspend the proclamation of the candidate

concerned, provided that the evidence for the grounds to

disqualify is strong. For this purpose, at least three (3)

days prior to any election, the Clerk of the Commission

shall prepare a list of pending cases and furnish all

Commissioners copies of said the list.

In the event that a candidate with an existing and

pending Petition to disqualify is proclaimed winner, the

Commission shall continue to resolve the said Petition.

Section 6. Effect of Granting of Petition. — In the

event a Petition to disqualify a candidate is granted by

final judgment as defined under Section 8 of Rule 23 and

the disqualified candidate obtains the highest number of

votes, the candidate with the second highest number of

votes cannot be proclaimed and the rule of succession, if

allowed by law, shall be observed. In the event the rule of

succession is not allowed, a vacancy shall exist for such

position.

(as amended by COMELEC Resolution No. 9523)

Rule 26 — Postponement or Suspension of Elections

Section 1. Postponement of Election. — When for

any serious cause such as violence, terrorism, loss or

destruction of election paraphernalia or records, force

majeure, and other analogous causes of such nature that

the holding of a free, orderly, honest, peaceful and

credible

election

should

become

impossible

in

any

political subdivision, the Commission, motu proprio, or

upon a verified petition by any interested party, and after

due notice and hearing whereby all interested parties are

afforded equal opportunity to be heard, may postpone

the election therein to a date which should be reasonably

close to the date of the election not held, suspended, or

which resulted in a failure of election, but not later than

thirty (30) days after the cessation of the cause of such

postponement or suspension of the election or failure to

elect.

Section 2. Failure of Election. — If, on account of

force

majeure,

violence,

terrorism,

fraud

or

other

analogous causes the election in any precinct has not

been held on the date fixed, or had been suspended

before the hour fixed 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 a date

reasonably close to the date of the election not held,

suspended or which resulted in a failure to elect but not

later than thirty (30) days after the cessation of the cause

of such postponement or suspension of the election or

failure to elect.

Section 3. Motu Proprio Postponement . — When the

Commission acts motu proprio , notices of hearing must

be sent to all interested parties by the fastest means

available.

Section 4. When Based Upon a Verified Petition . —

Unless

a

shorter

period

is

deemed

necessary

by

circumstances, within twenty-four (24) hours from the

filing of the petition, the Clerk of Court concerned shall

forthwith serve notices to all interested parties, indicating

therein the date of hearing, through the fastest means

available.

Section 5. Time to File Opposition. — Unless a

shorter

period

is

deemed

necessary

by

the

circumstances, within two (2) days from receipt of the

notice

of

hearing, any interested party may file an

opposition with the Law Department of the Commission.

Section 6. Summary Proceeding . — The hearing of

the case shall be summary in nature.

Section 7. Delegation of Reception of Evidence. —

The Commission may designate any of its officials who

are members of the Philippine Bar to hear the case and

to receive evidence.

Section 8. Determination of Cessation of Cause . —

The determination of the cessation of the cause of the

postponement or suspension of election or failure of

election falls within the exclusive prerogative of the

Commission.

C. IN SPECIAL CASES

Rule 27 — Pre-Proclamation Controversies

Section

1.

Jurisdiction

of

the

Commission

in

Pre-Proclamation Controversies. — The Commission has

exclusive jurisdiction in pre-proclamation controversies

arising from national, regional or local election.

A pre-proclamation controversy may be raised by any

candidate

or

by

any

registered

political

party,

organization, or coalition of political parties before the

board of canvassers or directly with the Commission.

Section

2.

Pre-Proclamation

Controversies: How

Commenced. — Questions affecting the composition or

proceedings of the Board of Canvassers or correction of

manifest errors may be initiated in the Board or directly

with the Commission. However, matters raised under

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

Certificate

of

Canvass

shall

be brought in the first

instance before the board of canvassers concerned only.

Section 3. Summary Hearing and Disposition of

Pre-Proclamation Controversies . — All pre-proclamation

controversies shall be heard summarily after due notice

provided that pre-proclamation controversies on election

returns or certificates of canvass shall, on the basis of the

records and evidence elevated to it by the board of

canvassers, be disposed of summarily by the Commission

en banc within seven (7) days from receipt thereof,

provided further, that said decision shall be executory

after the lapse of seven (7) days from receipt thereof by

the boards of canvassers concerned except petitions filed

Under Sec. 5 hereof which shall be immediately executory

upon receipt by the boards of canvassers concerned.

Section

4.

Issues

that

May

Be

Raised

in

the

Pre-Proclamation Controversies . — The following are the

proper issues that may be raised in a pre-proclamation

controversy:

(a) Illegal composition or proceedings of the board of

canvassers;

(b) The canvassed election returns, or the certificate

of canvass in appropriate cases, are incomplete, contain

material defects, appear to be tampered with or falsified,

or contain discrepancies in the same returns or in other

authentic copies thereof;

(c) The election returns or certificate of canvass were

prepared under duress, threats, coercion, or intimidation,

or they are obviously manufactured or not authentic; and

(d)

When

substitute

or

fraudulent

returns

or

certificates of canvass in controverted polling places were

canvassed, the results of which materially affected the

standing of the aggrieved candidate or candidates.

(e) Correction of manifest errors.

Section 5. Pre-proclamation Controversies Which

May Be Filed Directly With the Commission. — (a) The

following pre-proclamation controversies may be filed

directly with the Commission:

© Compiled by RGL

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