Chapter 4: Case Studies Related to Training of Arbiters in Election Complaints COMELEC is also endowed with the authority to take cognizance of “preproclamation controversies.” The substance of the vote count is not in issue in pre-proclamation controversies; the issues are limited to the validity of the canvass procedure and the genuineness of election documents presented for canvass.29 Thus, as long as the canvass proceedings are done in accordance with the prescribed procedures, and documents presented for canvass appear ostensibly genuine and authentic, certification of the results or proclamation of the winning candidate will follow as a matter of course. The remedy for those who would allege fraud in the vote count would only be a post-proclamation election protest. Criminal violation of election laws is investigated and prosecuted by COMELEC and by the prosecutorial arm of the government.30 However, when probable cause is established that a respondent committed an election offense after an investigation either by COMELEC or by government prosecutors, the respondent is tried before second level courts (Regional Trial Courts) just like in the criminal prosecution system.31 Candidate qualification complaints, political party registration issues, and pre-proclamation controversies are within the administrative jurisdiction of COMELEC to resolve. D. Election Protests As discussed in the introductory section, an election protest is a contest between the defeated and the winning candidates on the grounds of fraud and irregularities in the casting and counting of the ballots, or in the preparation of the returns.32 It raises the question of who actually obtained the plurality of the legal votes and therefore is entitled to hold the office.33 In election protest, the proceedings are essentially judicial in character, as distinguished from the administrative nature of the other proceedings before COMELEC. Moreover, a proclaimed winner, notwithstanding the pendency of the protest proceedings, is allowed to discharge the powers Omnibus Election Code, B.P.Blg. 881, § 68 (1985) (Phil.). An Act Amending the Election Modernization Act, Rep. Act 9369 § 42 (2007) (Phil.). 31 B.P.Blg. 881, § 268 (1985) (Phil.). 32 Samad v. COMELEC, 224 S.C.R.A. 631 (July 16, 1993) (Phil.). 33 Id. 29 30 185