Jaigest Election Comelec Statutes

7/25/2019 Jaigest Election Comelec Statutes

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1987 Constitution

Art. V

Sec. 2 (1) The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for

absentee voting by qualified Filipinos abroad.

(2) The Congress shall also design a procedure for the procedure for the disabled and the illiterates to vote without the

assistance of other persons. ntil then! they shall be allowed to vote under e"isting laws and such rules as the Comelec maypromulgate to protect the secrecy of the ballot.

Art. IX (A)#ection 1. The Constitutional Commissions! which shall be independent! are the Civil #ervice Commission! the Commission

on $lections! and the Commission on %udit.

#ection 2. &o member of a Constitutional Commission shall! during his tenure! hold any other office or employment.

&either shall he engage in the practice of any profession or in the active management or control of any business which! inany way! may be affected by the functions of his office! nor shall he be financially interested! directly or indirectly! in any

contract with! or in any franchise or privilege granted by the 'overnment! any of its subdivisions! agencies! or

instrumentalities! including governmentowned or controlled corporations or their subsidiaries.

#ection. . The salary of the Chairman and the Commissioners shall be fi"ed by law and shall not be decreased during theirtenure.

#ection *. The Constitutional Commissions shall appoint their officials and employees in accordance with law.

#ection +. The Commission shall en,oy fiscal autonomy. Their approved annual appropriations shall be automatically andregularly released.

#ection -. $ach Commission en banc may promulgate its own rules concerning pleadings and practice before it or before

any of its offices. #uch rules! however! shall not diminish! increase! or modify substantive rights.

#ection . $ach Commission shall decide by a ma,ority vote of all its /embers! any case or matter brought before it within

si"ty days from the date of its submission for decision or resolution. % case or matter is deemed submitted for decision or

resolution upon the filing of the last pleading! brief! or memorandum required by the rules of the Commission or by theCommission itself. nless otherwise provided by this Constitution or by law! any decision! order! or ruling of each

Commission may be brought to the #upreme Court on certiorari by the aggrieved party within thirty days from receipt of a

copy thereof.

#ection 0. $ach Commission shall perform such other functions as may be provided by law.

Art. IX [C]

C. T$ C//3##3& & $4$CT3&#

#ection 1. (1) There shall be a Commission on $lections composed of a Chairman and si" Commissioners who shall be

naturalborn citi5ens of the 6hilippines and! at the time of their appointment! at least thirtyfive years of age! holders of a

college degree! and must not have been candidates for any elective positions in the immediately preceding elections.

owever! a ma,ority thereof! including the Chairman! shall be members of the 6hilippine 7ar who have been engaged in the

practice of law for at least ten years.

(2) The Chairman and the Commissioners shall be appointed by the 6resident with the consent of the Commission on%ppointments for a term of seven years without reappointment. f those first appointed! three /embers shall hold office for

seven years! two /embers for five years! and the last /embers for three years! without reappointment. %ppointment to any

vacancy shall be only for the une"pired term of the predecessor. 3n no case shall any /ember be appointed or designated in

a temporary or acting capacity.

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#ec. 2. The Commission on $lections shall e"ercise the following powers and functions:

(1) $nforce and administer all laws and regulations relative to the conduct of an election! plebiscite! initiative! referendum!

and recall.

(2) $"ercise e"clusive original ,urisdiction over all contests relating to the elections! returns! and qualifications of all

elective regional! provincial! and city officials! and appellate ,urisdiction over all contests involving elective municipal

officials decided by trial courts of general ,urisdiction! or involving elective barangay officials decided by trial courts oflimited ,urisdiction.

;ecisions! final orders! or rulings of the Commission on election contests involving elective municipal and barangay offices

shall be final! e"ecutory! and not appealable.

() ;ecide! e"cept those involving the right to vote! all questions affecting elections! including determination of the number

and location of polling places! appointment of election officials and inspectors! and registration of voters.

(*) ;eputi5e! with the concurrence of the 6resident! law enforcement agencies and instrumentalities of the 'overnment!

including the %rmed Forces of the 6hilippines! for the e"clusive purpose of ensuring free! orderly! honest! peaceful! and

credible elections.

(+) <egister! after sufficient publication! political parties! organi5ations! or coalitions which! in addition to otherrequirements! must present their platform or program of government= and accredit citi5ens> arms of the Commission on

$lections. <eligious denominations and sects shall not be registered. Those which see? to achieve their goals through

violence or unlawful means! or refuse to uphold and adhere to this Constitution! or which are supported by any foreign

government shall li?ewise be refused registration.

Financial contributions from foreign governments and their agencies to political parties! organi5ations! coalitions! or

candidates related to elections! constitute interference in national affairs! and! when accepted! shall be an additional ground

for the cancellation of their registration with the Commission! in addition to other penalties that may be prescribed by law.

(-) File! upon a verified complaint! or on its own initiative! petitions in court for inclusion or e"clusion of voters= investigate

and! where appropriate! prosecute cases of violations of election laws! including acts or omissions constituting election

frauds! offenses! and malpractices.

() <ecommend to the Congress effective measures to minimi5e election spending! including limitation of places where

propaganda materials shall be posted! and to prevent and penali5e all forms of election frauds! offenses! malpractices! and

nuisance candidates.

(0) <ecommend to the 6resident the removal of any officer or employee it has deputi5ed! or the imposition of any other

disciplinary action! for violation or disregard of! or disobedience to! its directive! order! or decision.

(@) #ubmit to the 6resident and the Congress! a comprehensive report on the conduct of each election! plebiscite! initiative!referendum! or recall.

#ection . The Commission on $lections may sit en banc or in two divisions! and shall promulgate its rules of procedure in

order to e"pedite disposition of election cases! including preproclamation controversies. %ll such election cases shall be

heard and decided in division! provided that motions for reconsideration of decisions shall be decided by the Commission en

banc.

#ection *. The Commission may! during the election period! supervise or regulate the en,oyment or utili5ation of all

franchises or permits for the operation of transportation and other public utilities! media of communication or information!

all grants! special privileges! or concessions granted by the 'overnment or any subdivision! agency! or instrumentalitythereof! including any governmentowned or controlled corporation or its subsidiary. #uch supervision or regulation shall

aim to ensure equal opportunity! time! and space !and the right to reply! including reasonable! equal rates therefor! for public

information campaigns and forums among candidates in connection with the ob,ective of holding free! orderly! honest!

peaceful! and credible elections.

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#ection +. &o pardon! amnesty! parole! or suspension of sentence for violation of election laws! rules! and regulations shall

be granted by the 6resident without the favorable recommendation of the Commission.

#ection -. % free and open party system shall be allowed to evolve according to the free choice of the people! sub,ect to the

provisions of this %rticle.

#ection . &o votes cast in favor of a political party! organi5ation! or coalition shall be valid! e"cept for those registered

under the partylist system as provided in this Constitution.

#ection 0. 6olitical parties! or organi5ations or coalitions registered under the partylist system! shall not be represented in

the voters> registration boards! boards of election inspectors! boards of canvassers! or other similar bodies. owever! they

shall be entitled to appoint poll watchers in accordance with law.

#ection @. nless otherwise fi"ed by the Commission in special cases! the election period shall commence ninety days

before the day of election and shall end thirty days thereafter.

#ection 1A. 7ona fide candidates for any public office shall be free from any form of harassment and discrimination.

#ection 11. Funds certified by the Commission as necessary to defray the e"penses for holding regular and special elections!

plebiscites! initiatives! referenda! and recalls! shall be provided in the regular or special appropriations and! once approved!

shall be released automatically upon certification by the Chairman of the Commission.

Omnibus Election Coe

Art. VII

%<T3C4$ B33

T$ C//3##3& & $4$CT3&#

#ection +2. 6owers and functions of the Commission on $lections. 3n addition to the powers and functions conferred upon

it by the Constitution! the Commission shall have e"clusive charge of the enforcement and administration of all laws

relative to the conduct of elections for the purpose of ensuring free! orderly and honest elections! and shall:

(a) $"ercise direct and immediate supervision and control over national and local officials or employees!including members of any national or local law enforcement agency and instrumentality of the government

required by law to perform duties relative to the conduct of elections. 3n addition! it may authori5e C/T

cadets eighteen years of age and above to act as its deputies for the purpose of enforcing its orders.

The Commission may relieve any officer or employee referred to in the preceding paragraph from the

performance of his duties relating to electoral processes who violates the election law or fails to comply with

its instructions! orders! decisions or rulings! and appoint his substitute. pon recommendation of the

Commission! the corresponding proper authority shall suspend or remove from office any or all of such

officers or employees who may! after due process! be found guilty of such violation or failure.

(b) ;uring the period of the campaign and ending thirty days thereafter! when in any area of the country there

are persons committing acts of terrorism to influence people to vote for or against any candidate or political

party! the Commission shall have the power to authori5e any member or members of the %rmed Forces of the

6hilippines! the &ational 7ureau of 3nvestigation! the 3ntegrated &ational 6olice or any similar agency or

instrumentality of the government! e"cept civilian home defense forces! to act as deputies for the purpose of

ensuring the holding of free! orderly and honest elections.

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(c) 6romulgate rules and regulations implementing the provisions of this Code or other laws which the

Commission is required to enforce and administer! and require the payment of legal fees and collect the same

in payment of any business done in the Commission! at rates that it may provide and fi" in its rules and

regulations.

<ules and regulations promulgated by the Commission to implement the provisions of this Code shall ta?e

effect on the si"teenth day after publication in the fficial 'a5ette or in at least daily newspapers of general

circulation. rders and directives issued by the Commission pursuant to said rules and regulations shall be

furnished by personal delivery to accredited political parties within fortyeight hours of issuance and shallta?e effect immediately upon receipt.

3n case of conflict between rules! regulations! orders or directives of the Commission in the e"ercise of its

constitutional powers and those issued by any other administrative office or agency of the governmentconcerning the same matter relative to elections! the former shall prevail.

(d) #ummon the parties to a controversy pending before it! issue subpoena and subpoena duces tecum! and

ta?e testimony in any investigation or hearing before it! and delegate such power to any officer of theCommission who shall be a member of the 6hilippine 7ar. 3n case of failure of a witness to attend! the

Commission! upon proof of service of the subpoena to said witnesses! may issue a warrant to arrest witness

and bring him before the Commission or the officer before whom his attendance is required.

%ny controversy submitted to the Commission shall! after compliance with the requirements of due process!

be immediately heard and decided by it within si"ty days from submission thereof. &o decision or resolutionshall be rendered by the Commission either en banc or by division unless ta?en up in a formal session

properly convened for the purpose.

The Commission may! when necessary! avail of the assistance of any national or local law enforcement

agency andor instrumentality of the government to e"ecute under its direct and immediate supervision any of

its final decisions! orders! instructions or rulings.

(e) 6unish contempts provided for in the <ules of Court in the same procedure and with the same penalties

provided therein. %ny violation of any final and e"ecutory decision! order or ruling of the Commission shall

constitute contempt thereof.

(f) $nforce and e"ecute its decisions! directives! orders and instructions which shall have precedence over

those emanating from any other authority! e"cept the #upreme Court and those issued in habeas corpus

proceedings.

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(g) 6rescribe the forms to be used in the election! plebiscite or referendum.

(h) 6rocure any supplies! equipment! materials or services needed for the holding of the election by public

bidding: 6rovided! That! if it finds the requirements of public bidding impractical to observe! then bynegotiations or sealed bids! and in both cases! the accredited parties shall be duly notified.

(i) 6rescribe the use or adoption of the latest technological and electronic devices! ta?ing into account the

situation prevailing in the area and the funds available for the purpose: 6rovided! That the Commission shall

notify the authori5ed representatives of accredited political parties and candidates in areas affected by the use

or adoption of technological and electronic devices not less than thirty days prior to the effectivity of the use

of such devices.

(,) Carry out a continuing and systematic campaign through newspapers of general circulation! radios and

other media forms to educate the public and fully inform the electorate about election laws! procedures!

decisions! and other matters relative to the wor? and duties of the Commission and the necessity of clean!

free! orderly and honest electoral processes.

(?) $nlist nonpartisan group or organi5ations of citi5ens from the civic! youth! professional! educational!

business or labor sectors ?nown for their probity! impartiality and integrity with the membership and

capability to underta?e a coordinated operation and activity to assist it in the implementation of the provisions

of this Code and the resolutions! orders and instructions of the Commission for the purpose of ensuring free!orderly and honest elections in any constituency.

#uch groups or organi5ations shall function under the direct and immediate control and supervision of the

Commission and shall perform the following specific functions and duties:

%. 7efore $lection ;ay:

1. nderta?e an information campaign on salient features of this Code and help in the dissemination of theorders! decisions and resolutions of the Commission relative to the forthcoming election.

2. Dage a registration drive in their respective areas so that all citi5ens of voting age! not otherwise

disqualified by law may be registered.

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. elp cleanse the list of voters of illegal registrants! conduct housetohouse canvass if necessary! and ta?ethe appropriate legal steps towards this end.

*. <eport to the Commission violations of the provisions of this Code on the conduct of the political

campaign! election propaganda and electoral e"penditures.

7. n $lection ;ay:

1. $"hort all registered voters in their respective areas to go to their polling places and cast their votes.

2. &ominate one watcher for accreditation in each polling place and each place of canvass who shall have the

same duties! functions and rights as the other watchers of political parties and candidates. /embers or units ofany citi5en group or organi5ation so designated by the Commission e"cept its lone duly accredited watcher!

shall not be allowed to enter any polling place e"cept to vote! and shall! if they so desire! stay in an area at

least fifty meters away from the polling place.

. <eport to the peace authorities and other appropriate agencies all instances of terrorism! intimidation of

voters! and other similar attempts to frustrate the free and orderly casting of votes.

*. 6erform such other functions as may be entrusted to such group or organi5ation by the Commission.

The designation of any group or organi5ation made in accordance herewith may be revo?ed by the

Commission upon notice and hearing whenever by its actuations such group or organi5ation has shown

partiality to any political party or candidate! or has performed acts in e"cess or in contravention of the

functions and duties herein provided and such others which may be granted by the Commission.

(l) Conduct hearings on controversies pending before it in the cities or provinces upon proper motion of any

party! ta?ing into consideration the materiality and number of witnesses to be presented! the situation

prevailing in the area and the fund available for the purpose.

(m) Fi" other reasonable periods for certain preelection requirements in order that voters shall not be

deprived of their right of suffrage and certain groups of rights granted them in this Code.

nless indicated in this Code! the Commission is hereby authori5ed for fi" the appropriate period for the

various prohibited acts enumerated herein! consistent with the requirements of free! orderly! and honest

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elections.

#ection +. Field offices of the Commission. The Commission shall have the following field offices:

(1) <egional $lection ffice! headed by the <egional $lection ;irector and assisted by the %ssistant <egional ;irector and

such other subordinate officers or employees as the Commission may appoint.

(2) 6rovincial $lection ffice! headed by the 6rovincial $lection #upervisor and assisted by such other subordinate officers

or employees as the Commission may appoint.

() City/unicipal $lection ffice! headed by the City/unicipal <egistrar who shall be assisted by an election cler? and

such other employees as the Commission may appoint.

The Commission may delegate its powers and functions or order the implementation or enforcement of its orders! rulings! or

decisions through the heads of its field offices.

#ection +*. Eualifications. nly members of the 6hilippines 7ar shall be eligible for appointment to the position of

regional director! assistant regional director! provincial election supervisor and election registrar: 6rovided! however! That if

there are no members of the 6hilippine 7ar available for appointment as election registrar! e"cept in cities and capital towns!

graduates of duly recogni5ed schools of law! liberal arts! education or business administration who possess the appropriate

civil service eligibility may be appointed to said position.

#ection ++. ffice space. The local government concerned shall provide a suitable place for the office of the provincial

election supervisor and his staff and the election registrar and his staff: 6rovided! That in case of failure of the localgovernment concerned to provide such suitable place! the provincial election supervisor or the election registrar! as the case

may be! upon prior authority of the Commission and notice to the local government concerned! may lease another place for

office and the rentals thereof shall be chargeable to the funds of the local government concerned.

#ection +-. Changes in the composition! distribution or assignment of field offices. The Commission may ma?e changes in

the composition! distribution and assignment of field offices! as well as its personnel! whenever the e"igencies of the service

and the interest of free! orderly! and honest election so require: 6rovided! That such changes shall be effective and

enforceable only for the duration of the election period concerned and shall not affect the tenure of office of the incumbentsof positions affected and shall not constitute a demotion! either in ran? or salary! nor result in change of status: and

6rovided! further! That there shall be no changes in the composition! distribution or assignment within thirty days beforeelection! e"cept for cause and after due notice and hearing! and that in no case shall a regional or assistant regional director

be assigned to a region= a provincial election supervisor to a province= or a city or municipal election registrar to a city or

municipality! where he andor his spouse are related to any candidate within the fourth civil degree of consanguinity or

affinity as the case may be.

#ection +. /easures to ensure enforcement. For the effective enforcement of the provisions of this Code! the Commission

is further vested and charged with the following powers! duties and responsibilities:

1. To issue search warrants after e"amination under oath or affirmation of the complainant and the witnesses

2. To stop any illegal election activity! or confiscate! tear down! and stop any unlawful! libelous! misleading or false election

propaganda! after due notice and hearing.

. To inquire into the financial records of candidates and any organi5ation or group of persons! motu proprio or upon written

representation for probable cause by any candidate or group of

persons or qualified voter! after due notice and hearing.

For purposes of this section! the Commission may avail itself of the assistance of the Commission on %udit! the Central

7an?! the &ational 7ureau of 3nvestigation! the 7ureau of 3nternal <evenue! the %rmed Forces of the 6hilippines! the

3ntegrated &ational 6olice of the 6hilippines! barangay officials! and other agencies of the government.

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#ection +0. ;isqualifications of members of the Commission. The chairman and members of the Commission shall besub,ect to the canons of ,udicial ethics in the discharge of their functions.

&o chairman or commissioner shall sit in any case in which he has manifested bias or pre,udice for or against or antagonism

against any party thereto and in connection therewith! or in any case in which he would be disqualified under the <ules of

Court. 3f it be claimed that the chairman or a commissioner is disqualified as above provided! the party ob,ecting to his

competency may file his ob,ection in writing with the Commission stating the ground therefor. The official concerned shall

continue to participate in the hearing or withdrawn therefrom in accordance with his determination of the question of his

disqualification. The decision shall forthwith be made in writing and filed with the other papers of the case in accordancewith the <ules of Court. 3f a disqualification should result in a lac? of quorum in the Commission sitting en banc! the

6residing 8ustice of the 3ntermediate %ppellate Court shall designate a ,ustice of said court to sit in said case for the purpose

of hearing and reaching a decision thereon.

#ection +@. 6ublication of official ballots and election returns and printing thereof. The Commission shall publish at least

ten days before an election in a newspaper of general circulation certified data on the number of official ballots and election

returns and the names and addresses of the printers and the number printed by each.

T$< /&37# #TFF

#ection +. 6ostponement of election. Dhen for any serious cause such as violence! terrorism! loss or destruction of election

paraphernalia or records! force ma,eure! and other analogous causes of such a nature that the holding of a free! orderly and

honest election should become impossible in any political subdivision! the Commission! motu proprio or upon a verifiedpetition by any interested party! and after due notice and hearing! whereby all interested parties are afforded equal

opportunity to be heard! shall 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 to elect but not later than thirty days after the cessation of the

cause for such postponement or suspension of the election or failure to elect.

#ection - Failure of election. 3f! on account of force ma,eure! violence! terrorism! fraud! or other analogous causes the

election in any polling place has not been held on the date fi"ed! or had been suspended before the hour fi"ed 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 or 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 days after the cessation of the cause of such postponement or suspension of theelection or failure to elect.

#ection -0. ;isqualifications. %ny candidate who! in an action or protest in which he is a party is declared by final

decision of a competent court guilty of! or found by the Commission of having (a) given money or other material

consideration to influence! induce or corrupt the voters or public officials performing electoral functions= (b) committed acts

of terrorism to enhance his candidacy= (c) spent in his election campaign an amount in e"cess of that allowed by this Code=

(d) solicited! received or made any contribution prohibited under #ections 0@! @+! @-! @ and 1A*= or (e) violated any of

#ections 0A! 0! 0+! 0- and 2-1! paragraphs d! e! ?! v! and cc! subparagraph -! shall be disqualified from continuing as acandidate! or if he has been elected! from holding the office. %ny person who is a permanent resident of or an immigrant to a

foreign country shall not be qualified to run for any elective office under this Code! unless said person has waived his status

as permanent resident or immigrant of a foreign country in accordance with the residence requirement provided for in the

election laws.

#ection -@. &uisance candidates. The Commission may motu proprio or upon a verified petition of an interested party!

refuse to give due course to or cancel a certificate of candidacy if it is shown that said certificate has been filed to put the

election process in moc?ery or disrepute or to cause confusion among the voters by the similarity of the names of the

registered candidates or by other circumstances or acts which clearly demonstrate that the candidate has no bona fide

intention to run for the office for which the certificate of candidacy has been filed and thus prevent a faithful determinationof the true will of the electorate.

#ection 2. $ffects of disqualification cases and priority. The Commission and the courts shall give

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priority to cases of disqualification by reason of violation of this %ct to the end that a final decision shall be rendered notlater than seven days before the election in which the disqualification is sought.

%ny candidate who has been declared by final ,udgment to be disqualified shall not be voted for! and the votes cast for him

shall not be counted. &evertheless! if for any reason! a candidate is not declared by final ,udgment before an election to be

disqualified and he is voted for and receives the winning number of votes in such election! his violation of the provisions of

the preceding sections shall not prevent his proclamation and assumption to office.

#ection -. /inisterial duty of receiving and ac?nowledging receipt. The Commission! provincial election supervisor!election registrar or officer designated by the Commission or the board of election inspectors under the succeeding section

shall have the ministerial duty to receive and ac?nowledge receipt of the certificate of candidacy.

#ection 1*@. 6recincts and their establishment. The unit of territory for the purpose of voting is the election precinct! and

every barangay as of the approval of this %ct shall have at least one such precinct.

The Commission shall establish all election precincts.

The precincts actually established in the preceding regular election shall be maintained! but the Commission may introduce

such ad,ustments! changes or new divisions or abolish them! if necessary: 6rovided! however! That the territory comprising

an election precinct shall not be altered or a new precinct established within fortyfive days before a regular election and

thirty days before a special election or a referendum or plebiscite.

#ection 1+A. %rrangements of election precincts.

(a) $ach election precinct shall have! as far as possible not more than three hundred voters and shall comprise! as far as

practicable! contiguous and compact territory.

(b) Dhen it appears that an election precinct contains more than three hundred voters! the Commission shall! in the interest

of orderly election! and in order to facilitate the casting of votes! be authori5ed to divide a precinct not later than one wee?

after the last day of registration of voters. 7ut the polling place of all the precincts created thereby shall be located in the

same building or compound where the polling place of the original precinct is located! and if this be not feasible! in a place

as close as possible to the polling place of the original precinct: 6rovided! however! That the polling place of the new

precinct may be located elsewhere upon written petition of the ma,ority of the voters of the new precinct: 6rovided! further!

That when a precinct is divided into two or more precincts! the registered voters shall be included in the precinct wherein

they reside. $very case of alteration of a precinct shall be duly published by posting a notice of any change in conspicuouslocation in the precinct! and in the municipal building or city hall! as the case may be.

(c) % municipality which has been merged with another municipality shall constitute at least one election precinct! if the

distance between the remotest barangay of the merged municipality and the nearest polling place in the municipality to

which it has been merged shall! by the shortest road! e"ceed five ?ilometers.

(d) %n island or group of islands having one hundred and fifty or more voters shall constitute a precinct.

(e) %ny alteration of the election precincts or the establishment of new ones shall be communicated to the provincial

election supervisor! the provincial superintendent of schools! etc. together with the corresponding maps! which shall be

published as prescribed in the ne"t succeeding sections.

#ection 1+. ;esignation of polling places. The location of polling places designated in the preceding regular election shall

continue with such changes as the Commission may find necessary! after notice to registered political parties and candidates

in the political unit affected! if any! and hearing: 6rovided! That no location shall be changed within fortyfive days before a

regular election and thirty days before a special election or a referendum or plebiscite! e"cept in case it is destroyed or it

cannot be used.

#ection 2-@. 6referential disposition of election offenses. The investigation and prosecution of cases involving violations

of the election laws shall be given preference and priority by the Commission on $lections and prosecuting officials. Their

investigation shall be commenced without delay! and shall be resolved by the investigating officer within five days from its

submission for resolution. The courts shall li?ewise give preference to election offenses over all other cases! e"cept petitions

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for writ of habeas corpus. Their trial shall li?ewise be commenced without delay! and shall be conducted continuously untilterminated! and the case shall be decided within thirty days from its submission for decision.

#ection 2*. %ccreditation of dominant opposition party. For purposes of the ne"t local elections in 1@0- and the ne"t

presidential elections in 1@0 or earlier! the dominant opposition party shall be that political party! group or organi5ation or

coalition of ma,or national or regional political parties opposed to the ma,ority party which has the capability to wage a

bona fide nationwide campaign as shown by the e"tent of its organi5ation and the number of /embers of 6arliament

affiliated with it: 6rovided! however! That with specific reference to the ne"t local elections in constituencies which are

represented in the 7atasang 6ambansa by /embers who do not belong either to the ma,ority party or to the political party orcoalition of political parties described above! the representatives of the opposition in the board of election inspectors! board

of canvassers or other similar bodies shall be proposed e"clusively by the party to which said /ember of the 7atasang

6ambansa belong: 6rovided! however! That it is registered before the ne"t local elections.

%ny political party! group or organi5ation or coalition of political parties see?ing accreditation under this section shall file a

verified petition with the Commission on $lections stating therein such information as may be necessary to enable the

Commission to determine the qualifications for accreditation in accordance with the standard herein provided.

The Commission on $lections shall accredit the dominant opposition party not later than thirty days before the campaign

period in every election.

3n case a presidential election is held before the ne"t local elections or before the presidential election in 1@0! the

provisions of the Constitution shall be enforced in determining which shall be the dominant opposition party for purposes ofthe ne"t local elections.

Autom!te Election "!#

#$C. +. #ection + of <epublic %ct &o. 0*- is hereby amended to read as follows:

#$C. * 3nformation Technology #upport for the 7oard of Canvassers. To implement the %$#! each board of canvassers

shall be assisted by an information technologycapable person authori5ed to operate the equipment adopted for the elections.

The Commission shall deputi5ed information technology personnel from among the agencies and instrumentalities of the

government! including governmentowned and controlled corporations. The per diem of the deputi5ed personnel shall be the

same as that of the members of the board of canvassers.

#$C. 12. #ection 1A of <epublic %ct &o. 0*- is hereby amended to read as follows:

#$C.1*. $"amination and Testing of $quipment or ;evice of the %$# and pening of the #ource Code for <eview. The

Commission shall allow the political parties and candidates or their representatives! citi5ensG arm or their representatives to

e"amine and test.

The equipment or device to be used in the voting and counting on the day of the electoral e"ercise! before voting start. Testballots and test forms shall be provided by the Commission.

3mmediately after the e"amination and testing of the equipment or device! parties and candidates or their representatives!

citi5enGs arms or their representatives! may submit a written comment to the election officer who shall immediately transmit

it to the Commission for appropriate action.

The election officer shall ?eep minutes of the testing! a copy of which shall be submitted to the Commission together with

the minute of voting.

nce an %$# technology is selected for implementation! the Commission shall promptly ma?e the source code of thattechnology available and open to any interested political party or groups which may conduct their own review thereof.

SEC. 1$. #ection 1 of republic %ct &o. 0*- is hereby amended to read as follows:

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#$C. 1. 7allot bo". Dhere applicable! there shall be in each precinct on election day a ballot bo" with such safetyfeatures that the Commission may prescribe and of such si5e as to accommodate the official ballots.

SEC. 1%. #ection 1* of <epublic %ct &o. 0*- is hereby amended to read as follows:

#$C. 10. 6rocedure in voting. The Commission shall prescribe the manner and procedure of voting! which can be easily

understood and followed by the voters! ta?ing into consideration! among other things! the secrecy of the voting.

SEC. 17. #ection 1- of <epublic %ct &o. 0*- is hereby amended to read as follows:

#$C. 2A. &otice of ;esignation of Counting Centers. The election officer shall post prominently in hisher

office! in the bulletin boards at the citymunicipal hall and in three other conspicuous places in the

citymunicipality! the notice on the designated counting center(s) for at least three wee?s prior to election day.

The notice shall specify the precincts covered by each counting center and the number of registered voters in

each of said precincts. The election officer shall also furnish a copy of the notice to the headquarters or

official address of the political parties or independent candidates within the same period. The election officer

shall post in the Commission website concerned the said notice and publish the notice in the local newspaper.Dhere the polling place or voting center is also the designated counting center! such information shall be

contained in the notice.

The Commission may not designate as counting center any building or facility located within the premises of

a camp! reservation compound! headquarters! detachment! or field office of the military! police! prison ordetention bureau! or any law enforcement or investigation agency.

SEC. 18. #ection 1 of <epublic %ct &o. 0*- is hereby amended to read as follows:

#$C. 21. Counting procedure. The Commission shall prescribe the manner and procedure of counting the

votes under the automated system: 6rovided! that apart from the electronically stored result! thirty (A) copies

of the election return are printed.


#$C. 22. $lectronic <eturns. $ach copy of the of the printed election returns shall bear appropriate control

mar?s to determine the time and place of printing. $ach copy shall be signed and thumbmar?ed by all the

members of the board of election inspectors and the watchers present. 3f any member of the board of electioninspectors present refuses to sign! the chairman of the board shall note the same copy in each copy of the

printed election returns. The member of the board of election inspectors concerned refusing to sign shall becompelled to e"plain his or her refusal to do so. Failure to e"plain an un,ustifiable refusal to sign each copy of

the printed election return by any member of the board of election inspectors shall be punishable as provided

in this %ct. The chairman of the boards shall then publicly read and announce the total numbers of registered

voters! the total number of voters who actually voted and the total numbers of votes obtained by each

candidate based on the election returns.

Thereafter! the copies of the election returns shall be sealed and placed in the proper envelopes for

distribution as follows:

%. 3n the election of president! vicepresident! senators and partylist system=

1) The first copy shall be delivered to the city or municipal board of canvassers=

2) The second copy! to the congress! directed to the 6resident of the #enate=

) The third copy! to the commission=

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*) The fourth copy! to the citi5enGs arm authori5ed by the Commission to conduct an unofficial count

+) The fifth copy! to the dominant ma,ority party as determined by the Commission in accordance with law=

-) The si" copy! to the dominant minority party as determined by the Commission in accordance with law=and

) The seventh copy shall be deposited inside the compartment of the ballot bo" for valid ballots.

0) The eight copy to the 6rovincial 7oard of canvassers=

@) The ninth to the eighteenth copies! shall be given to the ten (1A) accredited ma,or national parties!

e"cluding the dominant ma,ority and minority parties! in accordance with a voluntary agreement among them.

3f no such agreement is reached! the Commission shall decide which parties shall receive the copies on the

basis of the criteria provided in #ection 2- of <epublic %ct &o. 1--=

1A) The nineteenth and twentieth copies! to the two accredited ma,or local parties in accordance with a

voluntary agreement among them. 3f no such agreement is reached! the commission shall decide which partiesshall receive the copies on the basis of criteria analogous to that provided in #ection 2- of <epublic %ct &o.

1--=

11) The twentyfirst to the twentyfourth copies! to national broadcast or print media entities as may be

equitably determined by the Commission in view of propagating the copies to the widest e"tent possible=

12) The twentyfifth and twentysi" copies! to local broadcast or print media entities as may be equitably

determined by the Commission in view of propagating the copies to the widest e"tent possible= and

1) The twentyseventh to the thirtieth copies! to the ma,or citi5enGs arms! including the accredited citi5enGs

arm! and other nonpartisan groups or organi5ation enlisted by the Commission pursuant to #ection +2(?) of

7atas 6ambansa 7lg. 001. #uch citi5ensG arm! groups and organi5ation may use the four certified copies of

election returns for the conduct of citi5ensG quic? counts at the local or national levels=

7. 3n the election of local officials and members of the ouse of <epresentatives:

1) The First copy shall be delivered to the city or municipal board of canvassers=

2) The second copy! to the Commission=

) The third copy! to the provincial board of canvassers=

*) The fourth copy! to the citi5ensG arm authori5ed by the Commission to conduct an unofficial count=

+) The fifth copy! to the dominant ma,ority party as determined by the Commission in accordance with law=

-) The si"th copy! to the dominant minority party as determined by the Commission in accordance with law=and

) The seventh copy shall be deposited inside the copy shall deposited inside the compartment of the ballot

bo" for valid ballots.

0) The eight copy to be posted conspicuously on a wall within the premises of the polling place or counting

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center=

@) The ninth to the eighteenth copies! shall be given to the ten (1A) accredited ma,or national parties!

e"cluding the dominant ma,ority and minority parties! in accordance with a voluntary agreement among them.

3f no such agreement is reached! the Commission shall decide which parties shall receive the copies on the

basis of the criteria provided in #ection 2- of <epublic %ct &o. 1--=

1A) The nineteenth and twentieth copies shall be given to the two accredited ma,or local parties in accordancewith a voluntary agreement among them. 3f no such agreement is reached! the Commission shall decide which

parties shall receive the copies on the basis of criteria analogous to that provided in #ection 2- of republic %ct

&o. 1--=

11) The twentyfirst to the twentyfifth copies! to national broadcast or print media entities as may beequitably determined by the Commission in view of propagating the copies to the widest e"tent possible=

12) The twentysi"th and twentyseventh copies! to local broadcast or print media entities as may be equitably

determined by the Commission in view of propagating the copies to the widest e"tent possible= and

1) The twentyeighth to the thirtieth copies to the ma,or citi5ensG arms! including the accredited citi5ensG arm!and other nonpartisan groups or organi5ation enlisted by the Commission pursuant to section +2(?) of 7atas

6ambansa 7lg. 001. #uch citi5ensG arms! groups and organi5ation may use the five certified copies of electionreturns for the conduct of citi5ensG quic? counts at the local or national levels.

3mmediately after the eight copy is printed! the poll cler? shall announce the posting of said copy on a wall

within the premises of the polling place or counting center! which must be sufficiently lighted and accessible

to the public. %ny person may view or capture an image of the election return by means of any data capturing

device such as! but not limited to cameras at any time of the day for fortyeight (*0) hours following itsposting. %fter such period! the chairman of the board of election inspectors shall detach the election return

from the wall and ?eep the same in his custody to be produced as may be requested by any voter for image or

data capturing or for any lawful purpose as may be ordered by competent authority.

Dithin one hour after the printing of the election returns! the chairman of the board of election inspectors or

any official authori5ed by the Commission shall! in the presence of watchers and representatives of the

accredited citi5ensG arm! political partiescandidates! if any! electronically transmit the precinct results to the

respective levels of board of canvassers! to the dominant ma,ority and minority party! to the accredited

citi5enGs arm! and to the Hapisanan ng mga 7rodcaster ng 6ilipinas (H76).

The election results at the citymunicipality canvassing centers shall be transmitted in the same manner by

the election officer or any official authori5ed by the commission to the district or provincial canvassing

centers.

The election returns transmitted electronically and digitally signed shall be considered as official election

results and shall be used as the basis for the canvassing of votes and the proclamation of a candidate.

%fter the electronic results have been transmitted additional copies not to e"ceed thirty (A) may be printed

and given to requesting parties at their own e"pense.


#$C. . 8oint Congressional versight Committee. %n versight Committee is hereby created composed of

seven members each from the #enate and the ouse of <epresentatives! four of whom shall come from the

ma,ority and three from the minority! to monitor and evaluate the implementation of this %ct. % written report

to the #enate and the ouse of <epresentatives shall be submitted by the %dvisory Council within si" months

from the date of election. The oversight committee shall conduct a mandatory review of this %ct every twelve

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(12) months from the date of the last regular national or local elections.

The oversight committee shall conduct a comprehensive assessment and evaluation of the performance of the

different %$# technologies implemented and shall ma?e appropriate recommendations to Congress! in session

assembled! specifically including the following:

1. %n assessment and comparison of each of the %$# technologies utili5ed! including their strengths!

wea?ness! applicability or inapplicability in specific areas and situations=

2. %n evaluation of their accuracy through a comparison of a random sample of the %$# election results with

a manual tabulation! and the conduct of similar tests=

. %s to the scope of %$# implementation in the subsequent elections! provide for recommendations as towhether any of the following should be adopted:

a. Further test application of the %$# or a particular %$# technology used in the 2AA elections! whether in

the same or others areas=

b. %n increase or enlargement of areas for implementation of the %$# or an %$# technology and not a full

implementation= or

c. % full implementation of the %$#.

*. %s to the ?ind of %$# technology! provide for proposals as to whether:

a) % particular %$# technology should no longer be utili5ed for being obsolete! inapplicable! inaccurate or

with a defect which cannot be remedied=

b) %n enhancement or improvement is needed to an %$# technology which was used in the 2AA election toma?e it more functional! appropriate and accurate=

c) % particular %$# technology is already appropriate and should be utili5ed fully for subsequent election= or

d) The testing or adoption of new technologies which may have emerged after the 2AA elections is needed.

SEC.&7. #ection A of <epublic %ct &o. 1-- is hereby amended to read as follows

#$C. A. Congress as the &ational 7oard of Canvassers for the $lection of 6resident and Bice 6resident: The Commission

en banc as the &ational 7oard of Canvassers for the election of senators: ;etermination of %uthenticity and ;ue $"ecution

of Certificates of Canvass. Congress and the Commission en banc shall determine the authenticity and due e"ecution of the

certificate of canvas for president and vice president and senators! respectively! as accomplished and transmitted to it by

the local boards of canvassers! on a showing that: (1) each certificate of canvass was e"ecuted! signed and thumbmar?ed by

the chairman and member of the board of canvassers and transmitted or caused to be transmitted to Congress by them= (2)each certificate of canvass contains the names of all of the candidates for president and vice president or senator! as the

case may be! and their corresponding votes in words and their corresponding votes in words and in figures= () there e"its

no discrepancy in other authentic copies of the document such as statement of votes of any of its supporting document such

as statement of votes by citymunicipalityby precinct or discrepancy in the votes of any candidate in words and figures in

the certificate= and (*) there e"ist no discrepancy in the votes of any candidate in words and figures in the certificates of

canvass againts the aggregate number of votes appearing in the election returns of precincts covered by the certificate of

canvass: 6rovided! That certified print copies of election returns or certificates of canvass may be used for the purpose of

verifying the e"istence of the discrepancy.

Dhen the certificate of canvass! duly certified by the board of canvass of each province! city of district! appears to be

incomplete! the #enate 6resident or the Chairman of the Commission! as the case may be! shall require the board of

canvassers concerned to transmit by personal delivery! the election returns form polling places that were not included in the

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certificate of canvass and supporting statements. #aid election returns shall be submitted by personal delivery within two (2)days from receipt of notice.

Dhen it appears that any certification of canvass or supporting statement of each province! city of district! appears to be

incomplete! the #enate 6resident or the Chairman of the Commission! as the case may be! shall require the board of

canvassers concerned to transmit by personal delivery! the election returns from polling places that were not included in the

certificate of canvass and supporting statements. #aid election returns shall be submitted by personal delivery within two (2)

days from receipt of notice.

Dhen it appears that any certificate of canvass or supporting statement of votes by citymunicipality or by precinct bears

erasures or alteration which may cast doubt as to the veracity of the number of votes stated herein and may affect the result

of the election! upon requested of the presidential! vice presidential or senatorial candidate concerned or his party!

Congress or the Commission en banc! as the case may be shall ! for the sole purpose of verifying the actual the votes as they

appear in the copies if the election returns submitted to it.

3n case of any discrepancy! incompleteness! erasure or alteration as mentioned above! the procedure on preproclamation

controversies shall be adopted and applied as provided in #ection 1!10!1@ and 2A.

%ny person who present in evidence a simulated copy of an election return! certificate of canvass or statement of votes! or

a printed copy of an election return! certificate of canvass or statement of votes bearing a simulated certification or a

simulated image! shall be guilty of an election offense shall be penali5ed in accordance with 7atas 6ambansa 7lg. 001.

SEC. $2. #ection2 (b) of <epublic %ct &o. --*- is hereby amended to read as follows :

#ec. 2. $lection ffenses= $lectoral #abotage. 3n additional to the prohibited acts and election offenses enumerated in

#ection 2-1 and 2-2 of 7atas 6ambansa 7lg. 001!as amended! the following shall be guilty of an election offense or a

special election offense to be ?nown as eletoral sabotage:

(a) " " "

(b) %ny person or member of the board of election inspectors or board of canvassers who tampers! increases or decreases

the votes received by a candidates in any election or any member of the board who refuses after proper verification and

hearing !to credit the correct votes or deduct such tampered votes: 6rovided! however! That when the tampering! increase or

decrease of votes or the refusal to credit the correct votes and or to deduct tampered to deduct tampered votes are

perpetrated on large scale or in substantial numbers! the same shall be considered not as an ordinary election offense under#ection 2-1 of the omnibus election code. 7ut a special election offense to be ?nown as electoral sabotage and the penalty

to be imposed shall be life imprisonment.

The act or offense committed shall fall under the category of electoral sabotage in any of the following instances=

(1) Dhen the tampering! increase and or decrease of votes perpetrated or the refusal to credit the correct votes or to

deduct tampered votes! isare committed in the election of a national elective office which is voted upon nationwide and the

tampering! increase and or decrease votes refusal to credit the correct votes or to deduct tampered votes! shall adverselyaffect the results of the election to the said national office to the e"tent that losing candidates is are made to appear the

winners=

(2) <egardless of the elective office involved! when the tampering! increase andor decrease of votes committed or the

refusal to credit the correct votes or to deduct tampered votes perpetrated ! is a accomplished in a single election document

or in the transposition of the figure results from one election document to another and involved in the said tampering

increase andor decrease or refusal to credit correct votes or deduct tampered votes e"ceed five thousand (+!AAA) votes! and

that the same adversely affects the true results of the election =

() %ny and all other forms or tampering increases and or decreases of votes perpetuated or in cases of refusal to creditthe correct votes or deduct the tampered votes! where the total votes involved e"ceed ten thousand (1A!AAA) votes=

6rovided finally= That any and all either persons or individuals determined to be conspiracy or in connivance with the

members of the 7$3s or 7Cs involved! shall be meted the same penalty of life imprisonment.

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Continuin' e'istr!tion ActVoter*s e'istr!tion Act

#ection -. %rrangement of 6recincts. $very barangay shall have at least one (1) precinct. $ach precinct! shall have no more

than two hundred (2AA) voters and shall comprise contiguous and compact territories.

a) % precinct shall be allowed to have less than 2AA registered voters under the following conditions:

1) %s soon as the 2AAlimit for every precinct has been reached! a spinoff or daughter precinct shall be created

automatically by the Commission to accommodate voters residing within the territorial ,urisdiction of the original precinct.

Thereafter! a separate list of new voters shall be prepared by the $lection fficer= and

2) %n island or group of islands with less than two hundred (2AA) voters may comprise one (1) original precinct.

b) $very case of alteration of precincts shall be duly announced by posting a notice thereof in a conspicuous place in the

precinct! in the office of the election officer and in the city or municipal hall and by providing political parties andcandidates a list of all the precincts at the start of the campaign period= and

c) Consolidation or merger of at most three () precincts may be allowed: 6rovided! That the computeri5ed counting shall be

implemented: 6rovided! further! That the merger of such precincts shall be effected ninety (@A) days before election day.

#ection 2*. &ational Central File.There shall be a national central file under the custody of the Commission in /anila

consisting of the third copies of all approved voter registration records in each city or municipality. 3t shall be compiled by

precinct in each citymunicipality and arranged alphabetically by surname so as to ma?e the file a replica of the boo? of

voters in the possession of the $lection fficer. Thereafter a national list shall be prepared following the alphabetical

arrangements of surnames of voters.

There shall be a national file consisting of the computeri5ed voters> list (CB4)! both in print and in dis?ette! submitted by

the $lection fficers in each city and municipality concerned! under the custody of the Commission in /anila.

The computeri5ed voters> list shall ma?e use of a single and uniform computer program that will have a detailed sorting

capability to list voters alphabetically by the precincts where they vote! by the barangays! municipalities! cities or provinces

where they reside and by their voters identification number (B3&).

#ection 2+. Boter>s 3dentification Card. The voters identification card issued to the registered voter shall serve as a

document for his identification. 3n case of loss or destruction! no copy thereof may be issued e"cept to the registered voter

himself and only upon the authority of the Commission.

The Commission shall adopt a design for the voter>s identification card which shall be! as much as possible! tamper proof. 3t

shall provide the following: the name and address of the voter! his date of birth! se"! photograph! thumbmar?! and the

number of precinct where he is registered! the signature of the voter and the chairman of the $lection <egistration 7oard

and the voter>s identification number (B3&).

#ection 2-. Boter>s 3dentification &umber (B3&). The Commission shall assign every registered voter a voter>s

identification number (B1&) consisting of three parts! each separated by a dash. For e"ample: +A1 AA1@1 C1*+7C;.

a) 6art 1: Current %ddress of the Boter

1) the first two digits + stand for the province= and

2) The last two digits! A1! stand for the city! municipality! or a district! particularly in /anila.

The code assignment for provinces! cities and municipalities shall follow the rban Code devised by the &ational Census

and #tatistics ffice (&C#).

b) 6art 33: Current 6recinct %ssignment of the Boter

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1) The first four digits! AA1@! stand for the permanent number of the precinct where the voter is currently assigned: and

2) The letter indicates whether it is a mother or a daughter precinct.

The number assigned to the precinct in every city or municipality shall be permanent but the voter may transfer his precinct

number. The B3& reflects the current precinct assignment of the voter.

c) 6art 333: 6ermanent 7irth and &ame Code nique to the Boter

1) The letter! C! stands for the month! i.e.! % for 8anuary! 7 for February! and so forth=

2) The ne"t two digits! 1*! stand for the date of birth=

) The ne"t two digits! +1! stand for the year of birth= and

*) The last three letters! 7C;! stand for the name code! i.e.! 7ayani Cru5 ;avide.

The last three letters shall stand for the first letter of the first name! the middle name! and the last name in that order.

The Commission shall ensure that 6art 333 hereof of the voter>s identification number (B3&) shall be permanent and unique

to each voter. 3f necessary! the Commission may e"pand and modify the same.

d) The combined birth and name code is assigned during the lifetime of every voter. pon transfer of the voter to another

precinct! the first two parts of the B3& shall change.

#ection @. %nnulment at 7oo? of Boters. The Commission shall! upon verified petition of any voter or election officer orduly registered political party! and after notice and hearing! annul any boo? of voters that is not prepared in accordance with

the provisions of this %ct or was prepared through fraud! bribery! forgery! impersonation! intimidation! force or any similar

irregularity! or which contains data that are statistically improbable. &o order! ruling or decision annulling a boo? of voters

shall be e"ecuted within ninety (@A) days before an election.

#ection *A. <econstitution of 4ost or ;estroyed <egistration <ecords. The Commission shall reconstitute all registration

records which have been lost or destroyed by using the corresponding copies of the provincial or national central files. 3n

case of conflict the Commission shall determine which file shall be used for reconstitution purposes. 3f this is not feasible!the Commission shall conduct a general registration of voters in the affected area: 6rovided! That there is a scheduled

election before the ne"t scheduled general registration of voters in accordance with the mnibus $lection Code. %ll such

voters shall retain their voter>s identification number. <econstituted forms shall be clearly mar?ed with the word

reconstituted.

3t shall be the duty of the $lection fficer to immediately report to the Commission any case of loss or destruction of

registration record in his custody.

The reconstitution of any lost or destroyed registration records shall not affect the criminal liability of any person who is

responsible for such loss or destruction.

#ection *2. <ight to 3nformation. The duly authori5ed representative of a registered political party or of a bonafide

candidate shall have the right to inspect andor copy at their e"pense the accountable registration forms andor the list of

registered voters in the precincts constituting the constituency of the bonafide candidate or at which the political party is

fielding candidates. The inspection and copying shall be conducted during business hours of the Commission and shall be

sub,ect to reasonable regulations.

#ection *. Computeri5ation at 6ermanent 4ist of Boters. % permanent and computeri5ed list arranged by precinct! city ormunicipality! province and region shall be prepared by the Commission. Thereafter! another list shall be prepared consisting

of the names of the voters! arranged alphabetically according to surnames.

The computer printouts of the list of voters duly certified by the 7oard are official documents and shall be used for voting

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and other election related purposes as well as for legitimate research needs.

The total number of voters in the permanent list shall be the basis for the printing of the official ballots by the Commission.

#ection **. <eassignment of $lection fficers. &o $lection fficer shall hold office in a particular city or municipality for

more than four (*) years. %ny election officer who! either at the time of the approval of this %ct or subsequent thereto! has

served for at least four (*) years in a particular city or municipality shall automatically be reassigned by the Commission to

a new station outside the original congressional district.

#ection *@. <ules and <egulations. The Commission shall promulgate the necessary rules and regulations to implement the

provisions of this %ct not later than ninety (@A) days before the first day of registration as provided for in this %ct.

+iometrics "!#

#ection @. ;atabase #ecurity. I The database generated by biometric registration shall be secured by the Commission and

shall not be used! under any circumstance! for any purpose other than for electoral e"ercises.

#ection 1A. /andatory 7iometrics <egistration. I The Commission shall implement a mandatory biometrics registration

system for new voters.

#ection 12. <ules and <egulations. I The Commission shall! within si"ty (-A) days after the effectivity of this %ct!

promulgate the implementing rules and regulations.

S,nc-ronie Election "!#

#ection *. 6ostponement! Failure of $lection and #pecial $lections. The postponement! declaration of failure of election

and the calling of special elections as provided in #ections +! - and of the mnibus $lection Code shall be decided by theCommission sitting en banc by a ma,ority vote of its members. The causes for the declaration of a failure of election may

occur before or after the casting of votes or on the day of the election.

3n case a permanent vacancy shall occur in the #enate or ouse of <epresentatives at least one (1) year before the e"piration

of the term! the Commission shall call and hold a special election to fill the vacancy not earlier than si"ty (-A) days nor

longer than ninety (@A) days after the occurrence of the vacancy. owever! in case of such vacancy in the #enate! the special

election shall be held simultaneously with the succeeding regular election.

#ection 0. 6recincts and their $stablishment. %ny provision of law to the contrary notwithstanding! where it is not

practicable to divide the precinct by territory! the Commission may ad,ust or split the precinct by assigning the registered

voters therein alphabetically and equitably among the ad,usted or split precincts: 6rovided! That! the polling places of said

precincts shall be in the same building or premises.

#ection @. <egistration of Boters. There shall be a registration of voters on the fifteenth #aturday before the day of the

election for voters who will reach the age of eighteen (10) years on or before the day of the election or for those who are

qualified but not registered in the list of voters. owever! the Commission may designate an additional date of registrationin certain areas to ensure that voters therein are not deprived of their right of suffrage.

7efore ad,ourning on registration day! the board of election inspectors shall close the list of voters by affi"ing their

signatures in the space immediately after the last name= number consecutively the names of the voters listed therein and

authenticate the list of voters by affi"ing their signatures on each and every page thereof.

The board of election inspectors shall post! on the wall outside the room where the registration was conducted! the list of

voters in each precinct beginning on the first wor?ing day after registration day until election day. Failure to post said list

shall constitute an election offense punishable under #ection 2- and 2-* of the mnibus $lection Code.

Dhen there is a significant number of inclusions! e"clusions and corrections in the list of voters in a precinct! the

Commission shall direct the board of election inspectors concerned to meet on the eighth #aturday immediately preceding

the day of the election for the purpose of ma?ing such inclusions and corrections as may be or may have been ordered by

the courts! stating opposite every name so corrected! added or cancelled! the date of the order and the court which issued the

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same= otherwise! the board shall not meet but such inclusions! e"clusions and corrections! if any! shall be made in the list ofvoters before the voting starts on election day.

#ection 12. %bsentee Boting. %bsentee voting as provided for in $"ecutive rder &o. 1+ dated /arch A! 1@0 shall

apply to the elections for 6resident! Bice6resident and #enators only and shall be limited to members of the %rmed Forces

of the 6hilippines and the 6hilippine &ational 6olice and other government officers and employees who are duly registered

voters and who! on election day! may temporarily be assigned in connection with the performance of election duties to place

where they are not registered voters.

/!ir Election Act

#ection . 4awful $lection 6ropaganda. I $lection propaganda! whether on television! cable television! radio! newspapers or

any other medium is hereby allowed for all registered political parties! national! regional! sectoral parties or organi5ations

participating under the party list elections and for all bona fide candidates see?ing national and local elective positions

sub,ect to the limitation on authori5ed e"penses of candidates and political parties! observance of truth in advertising and to

the supervision and regulation by the Commission on $lections (C/$4$C).

For the purpose of this %ct! lawful election propaganda shall include:

.1. 6amphlets! leaflets! cards! decals! stic?ers or other written or printed materials the si5e of which does not

e"ceed eight and one half inches in width and fourteen inches in length=

.2. andwritten or printed letters urging voters to vote for or against any particular political party or

candidate for public office=

.. Cloth! paper or cardboard posters! whether framed or posted! with an area not e"ceeding two (2) feet by

three () feet! e"cept that! at the site and on the occasion of a public meeting or rally! or in announcing the

holding of said meeting or rally! streamers not e"ceeding three () feet by eight (0) feet in si5e! shall be

allowed: 6rovided! That said streamers may be displayed five (+) days before the date of the meeting or rally

and shall be removed within twentyfour (2*) hours after said meeting or rally=

.*. 6aid advertisements in print or broadcast media: 6rovided! That the advertisements shall follow the

requirements set forth in #ection * of this %ct= and

.+. %ll other forms of election propaganda not prohibited by the mnibus $lection Code or this %ct.

O00ici!l S!mle +!llot

Section 1. #ection 10+ of the mnibus $lection Code! as amended! is hereby amended to read as follows:

#ec. 10+. fficial #ample 7allots. J The Commission shall provide the board of election inspectors with official sampleballots at the rate of thirty (A) ballots per polling place. The official sample ballots shall be printed on colored paper! in all

respects li?e the official ballots but bearing instead the words Gfficial #ample 7allotG to be shown to the public and used indemonstrating how to fill out and fold the official ballots properly. &o name of any actual candidate shall be written on the

spaces for voting on the official sample ballots provided by the Commission! nor shall they be used for voting.

%t least thirty (A) days before an election! it shall be the duty of the Commission on $lections to furnish every registered

voter through registered mail with return card! personal service with corresponding receipt to be signed by the voter or any

person who ?nows the voter! or any other practicable means with an unfilled official sample ballot! voter information sheet!

and a list of all registered national! provincial and city candidates to be voted in the said election. The information sheet

shall include the voterGs name! address! the precinct and the place where he is registered! and simplified instructions as to thecasting of votes. The names of the candidates shall be listed in alphabetical order under their respective party affiliation and

a oneline statement not to e"ceed three () words of their occupation or profession: provided! however! that in the printing

of the names of the candidates for national offices! the alphabetical order shall be democrati5ed so that the listed names shall

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$lection 4aw 9 Comelec 9 1@



be made in three () columns: the first column shall commence with the letter % and end with the letter K= the secondcolumn shall commence with the letters G3KG and thereafter J G%G and the third column shall commence with the letters

GEKG and thereafter G%6G. These information may be contained in a single sheet or boo?let form! and the number and

location of the votersG polling place shall be prominently indicated therein. 6ersons nominated under the partylist system

li?ewise be included in the abovementioned list.

recincts 0or ersons #it- 3is!bilities !n Senior Citiens

#ection *. #ection ;uty of the Commission to <ender %ssistance to 6ersons with ;isabilities and #enior Citi5ens. I 3t shallbe the duty of the Commission to render appropriate assistance to persons with disabilities and senior citi5ens in

coordination with government agencies and civil society organi5ations.

#ection +. #ection <ecord of 6ersons with ;isabilities and #enior Citi5ens. I The Commission shall ?eep an updated record

of persons with disabilities and senior citi5ens who are registered as voters! which indicates the types of disability and the

assistance they need! to assist it in determining policy directions for more inclusive and accessible electoral processes. The

record shall be made accessible to concerned government offices! accredited citi5ens> arms! civil society monitoring groups

and other organi5ations which promote the rights of the persons with disabilities and senior citi5ens! sub,ect to specificguidelines the Commission may promulgate to protect the privacy of the individuals concerned.

#ection -. #ection <egistration and pdating of <ecords. I 3n designing the forms! the Commission must ensure that

persons with disabilities and senior citi5ens applying for registration! reactivation! transfer! or correction of entry indicate

the type(s) of disability! as well as the form(s) of assistance needed.

6ersons with disabilities and senior citi5ens who have previously registered but have not indicated the type of disability! or

who may have developed or manifested such disability after having been registered! shall be allowed! during the periods to

file applications for registration! to update their registration records! and to indicate the type of disability as well as the form

of assistance they need during election day. The Commission may design registration forms specifically for persons withdisabilities and senior citi5ens! or issue supplemental forms for the said purpose! and provide for procedures to be followed

by those who need to update their registration records.

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From the Debsite

Or'!ni!tion!l In0o

The C/$4$C is the principal government agency tas?ed by the Constitution to enforce and administer all laws and

regulations concerning the conduct of regular and special elections. 3t is a body that is designed to be constitutionally

independent from the e"ecutive! legislative and ,udicial branches of government to ensure the conduct of free! fair and

honest elections. %s an added measure! the constitution also grants fiscal autonomy to enable the C/$4$C to operate

effectively! efficiently and free from political interference. The constitution mandates that funds certified by theCommission as necessary to defray the e"penses for holding regular and special elections! plebiscites! initiatives! referenda!

and recalls! will be provided in the regular or special appropriations and! once approved! will be released automatically upon

certification by the Chairman of the Commission.

4uici!l5 e'ul!tor, !n Aministr!ti6e /unctions3n addition to its primary tas? of election administration! the C/$4$C also performs ,udicial! regulatory and

administrative functions. 3ts ,udicial mandate consists of ta?ing e"clusive original ,urisdiction over all contests relating to

the elections! returns! and qualifications of all elective regional! provincial! and city officials! and appellate ,urisdiction overall contests involving elective municipal officials decided by trial courts of general ,urisdiction! or involving elective

barangay officials decided by trial courts of limited ,urisdiction. $"ception issues involving the right to vote! it has

regulatory and administrative authority to decide on all questions affecting elections! including determination of the number

and location of polling places! appointment of election officials and inspectors! and registration of voters.

ecommen!tor, o#ersThe Commission has the power to propose to Congress measures to minimi5e election spending! including limitation of

places where propaganda materials will be posted! and to prevent and penali5e all forms of election frauds! offenses!

malpractices! and nuisance candidacies. 4i?ewise! it can recommend to the 6resident the removal of any officer or employee

it has deputi5ed! or the imposition of any other disciplinary action! for violation or disregard of! or disobedience to! itsdirective! order! or decision. n its own! or upon verified complaint! the C/$4$C can file petitions in court for inclusion

or e"clusion of voters and investigateprosecute cases of violations of election laws! including acts or omissions constituting

election frauds! offenses! and malpractices.

embers-iThe C/$4$C consists of one Chairman and - commissioners! all of whom have a year term without reappointment. 3n

all matters pertaining to election administration and policyma?ing! the commissioners act as a collegial body. 3n election

cases and preproclamation controversies! however! the Commission sits in two divisions initially! but decides en banc onmotion to reconsider a division decision.

O00ices !n 3e!rtments%ssisting the Chairman in managing the daytoday affairs and operations of the C/$4$C is the $"ecutive ;irector. %s

the highestran?ing career official! he implements the policies and decisions of the Commission! ta?es charge of the

administrative affairs and serves as the communication and operational lin? between the staff and Commissioners. e is

assisted by a ;eputy $"ecutive ;irector for %dministration (;$;%) and a ;eputy $"ecutive ;irector for perations

(;$;).

Or'!ni!tion!l Structure

The Commission is under the overall control of the Chairman and the Commissioners! who constitute the policyma?ing

body that lays down the guidelines and regulations for elections! referenda! plebiscites! initiatives and recalls. The Comi

sits either en banc or in two divisions in order to e"pedite disposition of election cases including preproclamation

controversies.

!n!te /unctions

The C/$4$C is mandated with the following functions:

1. $nforce and administer all laws and regulations relative to the conduct of and elections! plebiscite! initiative!

referendum! and recall.

2. $"ercise e"clusive original ,urisdiction over all contests relating to the elections! returns! and qualifications of all

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elective regional! provincial! and city officials! and appellate ,urisdiction over all contests involving electivemunicipal officials decided by trial courts of general ,urisdiction! or involving elective barangay official decided by

trial courts of limited ,urisdiction.

. ;ecide! e"cept those involving the right to vote! all questions affecting elections! including determination of the

number and location of polling places! appointment of election officials and inspectors! and registration of voters.

*. ;eputi5e! with the concurrence of the 6resident! law enforcement agencies and instrumentalities of the

'overnment! including the %rmed Forces of the 6hilippines! for the e"clusive purposes of ensuring free! orderly!

honest! peaceful credible elections.+. <egister! after sufficient publication! political parties! organi5ations! of coalitions which! in addition to other

requirements! must present their platform or program of government= and accredit citi5ens arms of the Commissionon $lections.

-. File! upon a verified complaint! or on its own initiative! petitions in court for inclusion or e"clusion of voters=

investigate and! where appropriate! prosecute cases of violations of elections laws! including acts or omissions

constituting election frauds! offenses! and malpractices.

. <ecommend to the Congress effective measures to minimi5e election spending! including limitation of places

where propaganda materials shall be posted! and to prevent and penali5e all forms of election frauds! offenses!

malpractices! and nuisance candidates.

0. <ecommend to the 6resident the removal of any officer of employee it has deputi5ed! or the imposition of any

other disciplinary action! for violation or disregard of! or disobedience to its directive! order! or decision.

@. #ubmit to the 6resident and the Congress a comprehensive report on the conduct of each election! plebiscite!

initiative! referendum! or recall.

resent embers

Chairman %ndres 7autista

Commissioners:

1. Christian <obert 4im

2. %l 6arreLo

. 4uie Tito 'uia

*. %rthur 4im

+. /a. <owena %melia 'uan5on

-. #heriff %bas

istoric!l +!c'roun

The Commission on $lections was created by a 1@*A amendment to the 1@+ Constitution. 3ts membership was enlarged

and its powers e"panded by the 1@ and 1@0 Constitutions. The Commission e"ercises not only administrative! but

,udicial and quasi,udicial powers.

:-e E;ecuti6e +ure!u7efore the creation of the Commission! supervision over the conduct of elections was vested in the $"ecutive 7ureau! an

office under the ;epartment of 3nterior and later directly vested in the ;epartment itself when the $"ecutive 7ureau was

abolished.

There was! however! general dissatisfaction over the manner in which elections were conducted under the supervision of the

#ecretary of the 3nterior. There was growing suspicion that #ecretaries of the 3nterior administered election laws not for thepurpose of securing honest and free elections! but to serve the political interest of the party in power to which they

belonged. They were never entirely free from suspicion of acting with partisan bias.

The close official relationship between the president and the #ecretary of the 3nterior bred suspicion that elections served the

incumbent #ecretary>s political interest. The #ecretary of the 3nterior was directly responsible to the 6resident and his tenure

of office was dependent not only on the pleasure of the 6resident! but also upon the 6resident>s own continuance in office.

This setup only induced increasing distrust in the verdict at the polls.

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St!tutor, CommissionThe situation impelled the &ational %ssembly to propose the creation by constitutional amendment of a Commission on

$lections composed of a Chairman and two members to ta?e over the functions of the #ecretary of the 3nterior relative to

elections.

7y constitutional amendment ratified by the Filipino people in a plebiscite held on 8une 1! 1@*A! all functions heretofore

e"ercised by the #ecretary of the 3nterior relative to the conduct of elections were transferred to the Commission. owever!

as the amendment could not be made effective in time for the 1@*A elections! the &ational %ssembly through

Commonwealth %ct &o. -A created a statutory Commission on $lections! giving thereto the same powers which theCommission would have under the Constitution. The act became effective upon its approval on %ugust 22! 1@*A. The

Commission immediately functioned on #eptember 1*! 1@*A! and supervised the ;ecember 1A! 1@*A elections.

Constitution!l CommissionThe constitutional amendment creating the Commission was finally approved on ;ecember 2! 1@*A. n 8une 21! 1@*1! the

Commonwealth %ct &o. -+ was enacted reorgani5ing the Commission as a constitutional body. The members of the

statutory Commission continued as member of the constitutional Commission. The subordinate personnel! records!

documents! and property together with its une"pected balance in the appropriation were li?ewise transferred to the newlyorgani5ed Commission.

The Chairman and /embers of the Commission had a term of nine years each I a member being replaced every three years

e"cept those first appointed who were given nine! si" and threeyears terms! respectively.

The 1@ Constitution enlarged the membership of the Commission from three to nine but reduced their term of office from

nine to seven years.

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Jaigest Election Comelec Statutes

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