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BASIC PRINCIPLES JURISDICTION. Refers to the authority to hear and dispose cases; It may also refer to the proper judicial and/or quasi-judicial entity.

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Presentation on theme: "BASIC PRINCIPLES JURISDICTION. Refers to the authority to hear and dispose cases; It may also refer to the proper judicial and/or quasi-judicial entity."— Presentation transcript:

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2 BASIC PRINCIPLES JURISDICTION. Refers to the authority to hear and dispose cases; It may also refer to the proper judicial and/or quasi-judicial entity that may review and/or act on a particular claim and/or cause of action; Original or Appellate; It can also be exclusive or concurrent Decreed by LAW and not subject to agreement of the parties Determined by the parties involved/cause of action Distinguished from VENUE

3 JURISDICTION IN RELATION TO ELECTION PROCEEDINGS PRELIMINARY INVESTIGATION. Republic Act No or the AES LAW of 1997 states that COMELEC and other prosecuting arms of the government have concurrent power to conduct preliminary investigation of all election offenses. (Sec. 43 of R.A amending Sec. 265 of the Batas. Pambansa ) TRIAL and JUDICIAL ADJUDICATION. SECTION 268. Jurisdiction of courts. – The regional trial court shall have the exclusive original jurisdiction to try and decide any criminal action or proceedings for violation of this Code, except those relating to the offense of failure to register or failure to vote which shall be under the jurisdiction of the metropolitan or municipal trial courts. From the decision of the courts, appeal will lie as in other criminal cases. (Underscoring supplied)

4 JURISDICTION IN RELATION TO CAUSE OF ACTION PRE-PROCLAMATION CONTROVERSIES. Are raised before the Board of Canvassers (BOC) or the COMELEC as soon as the illegality arises. Rulings of BOC are appealable to the COMELEC within 3 days from issuance of the ruling ELECTION CONTEST. Procedure to contest the election or return of an elective official. Jurisdiction depends on the elective contest involved. (SC for Pres/VPres; SET (Contests involving Senators); HRET (Contests involving House of Reps); COMELEC (Regional, Provincial/City Officials); RTC (Municipal Officials) ELECTION OFFENSES. Violations of Election Code and other Election Laws (COMELEC – for preliminary investigation) (RTC- for trial and adjudication)

5 PARTIES TO ELECTION RELATED ACTIONS COMPLAINANTS : a) any registered voter; b) authorized representatives of citizens arm; c) candidates and/or their authorized representatives or agents; RESPONDENTS: a) election offenders; b) appointive and/or elective officials ADJUDICATORS: COMELEC/RTC/SUPREME COURT

6 ELECTION RELATED ACTIONS Ordinary Actions shall refer to Election Protests, Quo warranto, and Appeals from decisions of courts in election protest cases Special Actions shall refer to Petitions to deny course to certificate of candidacy, to declare a candidate as a nuisance candidate, to disqualify a candidate or to postpone or suspend an election Special Cases - shall refer to Pre-proclamation cases Special Reliefs - shall refer to Certiorari, Prohibition, Mandamus and Contempt Provisional Remedies - shall refer to injunction and/or restraining order Special Proceedings - shall refer to annulment of permanent list of voters, registration of political parties and accreditation of citizens' arms of the Commission

7 ELECTION LEGAL FORMS I. PETITION II. COMPLAINT AFFIDAVIT III. ANSWER/COMMENT IV. MEMORANDUM V. MOTIONS FORM - PRINTED/TYPEWRITTEN/MIMEOGRAPHED - LEGAL SIZE - FILIPINO or ENGLISH - VERIFIED ( Affidavit stating that the person verifying the same has read the pleading and that the allegations therein are true of his own knowledge. Verifications based on "information or belief" or upon "knowledge", "information" or "belief" shall be deemed insufficient.)

8 PARTS OF A PLEADING CAPTION DOCKET NUMBER DESIGNATION OF THE PLEADING STATEMENT OF THE CASE IDENTIFICATION and QUALIFICATION OF THE PARTIES STATEMENT OF FACTS ISSUES ARGUMENTS PRAYER VERIFICATION

9 CHALLENGES AND ELECTION RELATED ACTIONS ON VOTING PETITION FOR INCLUSION/EXCLUSION OF VOTERS CHALLENGE AGAINST ILLEGAL VOTERS; CHALLENGE AGAINST ILLEGAL ACTS; COMPLAINT FOR COMMISSION OF ELECTION OFFENSE AS DEFINED UNDER THE OMNIBUS ELECTION CODE IN RELATION TO THE PROVISIONS OF REPUBLIC ACT NO. 9369; PROTEST AGAINST ANY IRREGULARITY COMMITTED BY THE BEI or ANY PERSON

10 CHALLENGES ON CANVASSING CHALLENGE BASED ON ILLEGAL ACTS PROTEST AGAINST ANY IRREGULARITY PRE-PROCLAMATION CASES ELECTION PROTEST ELECTION OFFENSES

11 CHALLENGES ON FINAL TESTING AND SEALING (FTS) ELECTION OFFENSE CHALLENGE/PROTEST ON PROTOCOL INFIDELITY IN THE CUSTODY OF EQUIPMENT AND PARAPHERNALIA

12 RELEVANT LAWS AND GENERAL INSTRUCTIONS BATAS PAMBANSA BLG. 881 otherwise known as the OMNIBUS ELECTION CODE REPUBLIC ACT No REPUBLIC ACT No REPUBLIC ACT No COMELEC RESOLUTION No “GENERAL INSTRUCTIONS FOR BEI” COMELEC RESOLUTION No “CONTINUITY PLAN FOR THE CONDUCT OF THE AES FOR MAY 2013” COMELEC RESOLUTION No “GENERAL INSTRUCTIONS FOR BOC”

13 ELECTION OFFENSES ELECTION OFFENSELEGAL FORMPENALTY/REMEDY VOTE BUYING/VOTE SELLING COMPLAINT WITH SUPPORTING AFFIDAVITS WITH PRAYER FOR DISQUALIFICATION AND/OR PETITION FOR DISQUALIFICATION DISQUALIFICATION; CONTINUE WITH CANVASSING BUT PROCLAMATION MAYBE SUSPENDED; IMPRISONMENT

14 ELECTION OFFENSES ELECTION OFFENSELEGAL FORMPENALTY/REMEDY TRANSFERING THE REGISTRATION RECORD OF A VOTER COMPLAINT AFFIDAVIT STATING FACT OF TRANSFER AND THAT SAME WAS MADE WITHOUT FACTUAL BASIS AND ABSENCE OF NOTICE OF THE VOTER’S NEW POLLING PLACE IMPRISONMENT/ DISQUALIFICATION FROM HOLDING ANY PUBLIC OFFICE W/R APPOINTIVE OR ELECTIVE DOUBLE REGISTRATION COMPLAINT AFFIDAVIT STATING DOUBLE REGISTRATION WITHOUT FILING AN APPLICATION FOR CANCELLATION IMPRISONMENT/DISQ UALIFICATION FROM HOLDING ANY PUBLIC OFFICE W/R APPOINTIVE OR ELECTIVE

15 ELECTION OFFENSE LEGAL FORMPENALTY/REMEDY ILLEGAL SUBSTITUTION OF VOTER CRIMINAL COMPLAINT/ CHALLENGE RECORDED IN MINUTES OF VOTING IMPRISONMENT/ DENIAL OF RIGHT OF SUFFRAGE/DISQUALIFICATIO N ILLEGAL PREPARATION OF BALLOT CRIMINAL COMPLAINT/ CHALLENGE RECORDED IN MINUTES OF VOTING/CANVASSING/ ELECTION PROTEST IMPRISONMENT/ DENIAL OF RIGHT OF SUFFRAGE/DISQUALIFICATIO N UNAUTHORIZED ACCESS TO CONTENTS OF BALLOT BOX CRIMINAL COMPLAINT/ CHALLENGE RECORDED IN MINUTES OF VOTING/CANVASSING/ ELECTION PROTEST IMPRISONMENT/ DENIAL OF RIGHT OF SUFFRAGE/DISQUALIFICATIO N PROHIBITED ELECTION PROPAGANDA NOTICE OF VIOLATION/COMPLAINT REMOVAL OF PROPAGANDA/ DISQUALIFICATION

16 ELECTION OFFENSELEGAL FORMREMEDY/PENALTY ILLEGAL HANDBILL/ CAMPAIGN MATERIAL COMPLAINT/PETITION FOR DISQUALIFICATION IMPRISONMENT 8 YEARS 1 DAY TO 12 YEARS WITHOUT POSSIBILITY OF PAROLE; DISQUALIFICATION AND DENIAL OF RIGHT TO SUFFRAGE UNAUTHORIZED CAMPAIGN EXPENDITURE COMPLAINT/PETITION FOR DISQUALIFICATION SAME UNAUTHORIZED USE OF OFFICIAL BALLOTS/ERS/COCV AND OTHER AES GADGETS AND PARAPHERNALIA COMPLAINTSAME TAMPERING/DAMAGING/DEST ROYING ELECTION GADGET/EQUIPMENT/PARAP HERNALIA COMPLAINTSAME

17 ELECTION OFFENSELEGAL FORMREMEDY/PENALTY INTERFERING WITH, IMPEDING/ABSCONDIN G/ PREVENTING THE INSTALLATION OR USE OF COMPUTER COUNTING DEVICE FOR PURPOSE OF GAIN CRIMINAL COMPLAINTSAME GAINING OR CAUSING ACCESS TO USING/ALTERING/DEST ROYING OR DISCLOSING ANY COMPUTER DATA USED IN AES CRIMINAL COMPLAINTSAME

18 REFUSAL OF THE CITIZENS ARM TO PRESENT COPY OF ER TO BOC VERBAL AND FORMAL CHALLENGE AND/OR COMPLAINT IMPRISONMENT 8 YEARS 1 DAY TO 12 YEARS WITHOUT POSSIBILITY OF PAROLE; DISQUALIFICATION AND DENIAL OF RIGHT TO SUFFRAGE PRESENTATION BY THE CITIZENS ARM OF TAMPERED OR SPURIOUS ER FORMAL COMPLAINT AND/OR CHALLENGE -SAME- REFUSAL OR FAILURE TO PROVIDE CITIZENS ARM THEIR COPY OF ER VERBAL OR FORMAL CHALLENGE/COMPLAI NT -SAME-


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