Election Protest

Atty. Ashley Martin-Rojo
May 19
4 min read

Updated: May 21

The May 12, 2025 National, Local, and BARMM Midterm Elections mark a pivotal event in Philippine democracy. For candidates who do not prevail, the law provides specific remedies to contest the results through election protests. This article provides a comprehensive guide for losing candidates for Senator, Member of the House of Representatives, and local elective positions (excluding barangay), focusing on who may file an election protest, the applicable rules, filing periods, and the proper forum. All legal bases and recent jurisprudence are cited for clarity and compliance.

ELECTION PROTESTS FOR SENATORS
- Who may file
  Only a candidate for Senator who has duly filed a certificate of candidacy and has been voted for the office may file an election protest. This is confirmed by the Supreme Court in Penson, et al. v. Commission on Elections, G.R. No. 211636 (2021):

"In an election protest, it is imperative that the protestant is a candidate who has duly filed a certificate of candidacy and had been voted upon for the said office."

Filing Period
A verified petition contesting the election of any Member of the Senate must be filed within thirty (30) days after the proclamation of the protestee:

"A verified petition contesting the election of any Member of the Senate shall be filed by any candidate who has duly filed a certificate of candidacy and been voted for the office of Senator within thirty (30) days after the proclamation of the protestee." — Penson, et al. v. COMELEC, G.R. No. 211636 (2021)

Forum
The Senate Electoral Tribunal (SET) has exclusive jurisdiction over election contests involving Senators:

"The proper recourse of petitioners was clearly to file a regular election protest with the SET. The pertinent rule governing the manner of initiating an election protest against the members of the Senate is laid down under Rules 15 and 16 of the 2013 Revised Rules of SET..." — Penson, et al. v. COMELEC, G.R. No. 211636 (2021)

ELECTION PROTESTS FOR MEMBERS OF THE HOUSE OF REPRESENTATIVES
- Who may file
  A losing candidate for Member of the House of Representatives who has duly filed a certificate of candidacy and has been voted for the same office may file an election protest.
- Filing Period
  The protest must be filed within ten (10) days after the proclamation of the results of the election:

A sworn petition contesting the election of any Member of the Batasang Pambansa or any regional, provincial or city official shall be filed with the Commission by any candidate who has duly filed a certificate of candidacy and has been voted for the same office, within ten days after the proclamation of the results of the election." — OMNIBUS ELECTION CODE, Section 250

Forum
The House of Representatives Electoral Tribunal (HRET) is the sole judge of all contests relating to the election, returns, and qualifications of Members of the House of Representatives. However, the initial protest is filed with the Commission on Elections (COMELEC) for regional, provincial, and city officials, and with the HRET for Members of the House of Representatives after assumption of office.

The Commission shall be the sole judge of all contests relating to the elections, returns, and qualifications of all Members of the Batasang Pambansa, elective regional, provincial and city officials." — OMNIBUS ELECTION CODE, Section 249

ELECTION PROTESTS FOR LOCAL ELECTIVE OFFICIALS (Excluding Barangay)
- Who May File
  Any candidate for regional, provincial, city, or municipal office who has duly filed a certificate of candidacy and has been voted for the same office may file an election protest.
- Filing Period
  - Regional, Provincial, and City Officials:
    File with the COMELEC within ten (10) days after proclamation.
  - Municipal Officials:
    File with the proper Regional Trial Court (RTC) within ten (10) days after proclamation.

A sworn petition contesting the election of any Member of the Batasang Pambansa or any regional, provincial or city official shall be filed with the Commission... within ten days after the proclamation of the results of the election." — OMNIBUS ELECTION CODE, Section 250

A sworn petition contesting the election of a municipal officer shall be filed with the proper regional trial court... within ten days after proclamation of the results of the election. — OMNIBUS ELECTION CODE, Section 251

Forum
- Regional, Provincial, and City Officials:
  COMELEC (through the Electoral Contests and Adjudication Department).
- Municipal Officials:
  Regional Trial Court (RTC) of the place where the election was held.

GROUNDS FOR ELECTION PROTEST

Election protests may be filed on the following grounds:

Fraud, terrorism, or other irregularities in the conduct of the election.
Illegal counting or canvassing of votes.
Ineligibility or disqualification of the winning candidate.
Other violations of election laws affecting the results.

The protest must specify the precincts or polling places where irregularities are alleged.

END GOAL OF AN ELECTION PROTEST

The primary objective of an election protest is to determine whether the candidate proclaimed as the winner is, in fact, the lawful choice of the electorate. The process seeks to correct the canvass of votes and, if warranted, to declare the true winner. This serves both private and public interests, ensuring that the will of the people is respected and that only the rightful candidate assumes office.

Election protests are vital legal remedies for losing candidates who believe that the true will of the electorate was not reflected in the official results. The 2025 NLE and BARMM midterm elections are governed by established rules and procedures, with strict timelines and jurisdictional requirements. Candidates must act promptly and in accordance with the law to protect their rights and uphold the integrity of the electoral process.

Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. While we strive to provide accurate and up-to-date information, this article may not reflect the most current legal developments or interpretations. Readers are encouraged to consult with a legal counsel for advice regarding their specific legal issues or concerns. The authors and publishers of this article disclaim any liability for actions taken or not taken based on the content of this article.