WHAT a landslide victory for Ferdinand “Bongbong” Marcos Jr. as he ascends to the country’s highest political position – the President of the Republic of the Philippines.
Tuesday last week, a lot of people staged a protest outside the Commission on Elections (Comelec) to rally against Marcos and claimed election irregularities. This was not only seen on a national level but also in the local elections.
After the elections, I received an e-mail regarding election protests, especially in the local level. Though parliament of the streets is allowed by our laws as a movement for resistance, there is a process on how to formally submit an election protest.
The recipient who e-mailed me asked about the meaning of an election protest.
An election protest pertains to the casting and counting of votes and is concerned with the issue of who actually received the majority votes.
According to A.M. No. 07-4-15SC, an election protest is an election contest relating to the election and returns of elective officials, grounded on frauds or irregularities in the conduct of the elections, the casting, and counting of the ballots, and the preparation and canvassing of returns. The issue is who obtained the plurality of valid votes cast.
It is initiated by filing a petition contesting the election or returns of an elective municipal or barangay official with the proper regional trial court or municipal trial court by any candidate who was voted for the same office and who received the second or third highest number of votes or, in a multi-slot position, was among the next four candidates following the last-ranked winner duly proclaimed, as reflected in the official results of the election contained in the Statement of Votes By Precinct.
Each contest shall refer exclusively to one office; however, contests for offices of Sangguniang Bayan or Sangguniang Barangay may be consolidated in one case.
The election protest shall be filed within the non-extendible period of 10 days following the date of proclamation. The pendency of a pre-proclamation controversy involving the validity of the proclamation as defined by law shall suspend the running of the period to file an election protest.
This may be dismissed when the court has no jurisdiction over the subject matter; the petition is insufficient in form and content; the petition is filed beyond the period prescribed; the filing fee is not paid within the period for filing the election protest; and in case of protest where a cash deposit is required, the cash deposit is not paid within five days from the filing of the protest.
That, in a nutshell, is an election protest and may be a hammer blow against the person being complained of./PN
