Oec and Other Election Laws

8/18/2019 Oec and Other Election Laws

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BATAS PAMBANSA BLG. 881OMNIBUS ELECTION CODE OF THE PHILIPPINES

ARTICLE I

GENERAL PROVISIONS

Section 1. Title. - This Act shall be known and cited as the "Omnibus Election Code of the Philippines."

Section 2. Applicability. - This Code shall govern all election of public officers and to the e!tent appropriate all referenda andplebiscites.

Section 3. Election and campaign periods. - nless otherwise fi!ed in special cases b# the Commission on Elections which hereinafter shall be referred to as the Commission the election period shall commence ninet# da#s before the da# of the election and shall endthirt# da#s thereafter.

The period of campaign shall be as follows$%. Presidential and &ice-Presidential Election - '( da#s)*. Election of +embers of the ,atasang Pambansa and ocal Election - / da#s) and0. ,aranga# Election - %/ da#s.

The campaign periods shall not include the da# before and the da# of the election.

1owever in case of special elections under Article &222 3ection / 3ubsection 4*5 of the Constitution the campaign period shall be fort#-

five da#s.

Section Obligation to register and vote. - 2t shall be the obligation of ever# citi6en 7ualified to vote to register and cast his vote.

Section ! Postponement of election. - 8hen for an# serious cause such as violence terrorism loss or destruction of electionparaphernalia or records force ma9eure and other analogous causes of such a nature that the holding of a free orderl# and honestelection should become impossible in an# political subdivision the Commission motu proprio or upon a verified petition b# an#interested part# and after due notice and hearing whereb# all interested parties are afforded e7ual opportunit# to be heard shallpostpone the election therein to a date which should be reasonabl# close to the date of the election not held suspended or whichresulted in a failure to elect but not later than thirt# da#s after the cessation of the cause for such postponement or suspension of theelection or failure to elect.

Section " Failure of election. - 2f on account of force ma9eure violence terrorism fraud or other analogous causes the election in an#polling place has not been held on the date fi!ed or had been suspended before the hour fi!ed b# 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 custod# or canvass thereof suchelection results in a failure to elect and in an# of such cases the failure or suspension of election would affect the result of the electionthe Commission shall on the basis of a verified petition b# an# interested part# and after due notice and hearing call for the holding orcontinuation of the election not held suspended or which resulted in a failure to elect on a date reasonabl# close to the date of theelection not held suspended or which resulted in a failure to elect but not later than thirt# da#s after the cessation of the cause of suchpostponement or suspension of the election or failure to elect.

Section # Call of special election. -

4%5 2n case a vacanc# arises in the ,atasang Pambansa eighteen months or more before a regular election the Commissionshall call a special election to be held within si!t# da#s after the vacanc# occurs to elect the +ember to serve the une!piredterm.

4*5 2n case of the dissolution of the ,atasang Pambansa the President shall call an election which shall not be held earlierthan fort#-five nor later than si!t# da#s from the date of such dissolution.

The Commission shall send sufficient copies of its resolution for the holding of the election to its provincial election supervisorsand election registrars for dissemination who shall post copies thereof in at least three conspicuous places preferabl# wherepublic meetings are held in each cit# or municipalit# affected.

Section 8 Election Code to be available in polling places. - A printed cop# of this Code in English or in the national language shall beprovided and be made available b# the Commission in ever# polling place in order that it ma# be readil# consulted b# an# person inneed thereof on the registration revision and election da#s.

Section $ Official mail and telegram relative to elections. - Papers connected with the election and re7uired b# this Code to be sent b#public officers in the performance of their election duties shall be free of postage and sent b# registered special deliver# mail. Telegramsof the same nature shall likewise be transmitted free of charge b# government telecommunications and similar facilities.

2t shall be the dut# of the Postmaster :eneral the ;irector of the ,ureau of Telecommunications and the managers of privatetelecommunication companies to transmit immediatel# and in preference to all other communications or telegrams messages reportingelection results and such other messages or communications which the Commission ma# re7uire or ma# be necessar# to ensure freehonest and orderl# elections.

Section 1% Election expenses. - E!cept in baranga# elections such e!penses as ma# be necessar# and reasonable in connection withthe elections referenda plebiscites and other similar e!ercises shall be paid b# the Commission. The Commission ma# direct that inthe provinces cities or municipalities the election e!penses chargeable to the Commission be advanced b# the province cit# ormunicipalit# concerned sub9ect to reimbursement b# the Commission upon presentation of the proper bill.


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Section 12 Dis ualifications. - An# person who has been declared b# competent authorit# insane or incompetent or has beensentenced b# final 9udgment for subversion insurrection rebellion or for an# offense for which he has been sentenced to a penalt# ofmore than eighteen months or for a crime involving moral turpitude shall be dis7ualified to be a candidate and to hold an# office unlesshe has been given plenar# pardon or granted amnest#.

This dis7ualifications to be a candidate herein provided shall be deemed removed upon the declaration b# competent authorit# that saidinsanit# or incompetence had been removed or after the e!piration of a period of five #ears from his service of sentence unless withinthe same period he again becomes dis7ualified.

ARTICLE II

ELECTION OF PRESIDENT AND VICE&PRESIDENT

Section 13. !egular election for President and "ice-President. - The regular election for President and &ice-President of thePhilippines shall be held on the first +onda# of +a# =ineteen hundred eight# seven 4%'>?5 and on the same da# ever# si! #earsthereafter. The President-elect and the &ice-President-elect shall assume office at twelve o@clock noon on the thirtieth da# of une ne!tfollowing the election and shall end at noon of the same date si! #ears thereafter when the term of his successor shall begin.

Section 1 #pecial election for President and "ice-President. - 2n case a vacanc# occurs for the Office of the President and &ice-President the ,atasang Pambansa shall at ten o@clock in the morning of the third da# after the vacanc# occurs convene in accordancewith its rules without need of a call and within seven da#s enact a law calling for a special election to elect a President and a &ice-President to be held not earlier than fort#-five da#s nor later than si!t# da#s from the time of such call. The bill calling such specialelection shall be deemed certified under paragraph 4*5 3ection %' Article &222 of the Constitution and shall become law upon itsapproval on third reading b# the ,atasang Pambansa. Appropriations for the special election shall be charged against an# currentappropriations and shall be e!empt from the re7uirements of paragraph 4 5 3ection %B of Article &222 of the Constitution. The convening

of the ,atasang Pambansa cannot be suspended nor the special election postponed. =o special election shall be called if the vacanc#occurs within sevent# da#s before the date of the presidential election of %'>?.

Section 1! Canvass of votes for President and "ice-President by t$e provincial or city board of canvassers. - The provincial cit# ordistrict boards of canvassers in +etropolitan +anila as the case ma# be shall meet not later than si! o@clock in the evening on electionda# to canvass the election returns that ma# have alread# been received b# them respectivel#. 2t shall meet continuousl# from da# toda# until the canvass is completed but ma# ad9ourn onl# for the purpose of awaiting the other election returns. Each time the boardad9ourns it shall make a total of all the votes cast for each candidate for President and for &ice-President dul# authenticated b# thesignatures and thumbmarks of all the members of the provincial cit# or district board of canvassers furnishing the Commission in+anila b# the fastest means of communication a cop# thereof and making available the data contained therein to mass media andother interested parties. pon the completion of the canvass the board shall prepare a certificate of canvass showing the votesreceived b# each candidate for the office of the President and for &ice-President dul# authenticated b# the signatures and thumbmarksof all the members of the provincial cit# or district board of canvassers. pon the completion of the certificate of canvass the boardshall certif# and transmit the said certificate of canvass to the 3peaker of the ,atasang Pambansa.

The provincial cit# and district boards of canvassers shall prepare the certificate of canvass for the election of President and &ice-President supported b# a statement of votes b# polling place in 7uintuplicate b# the use of carbon papers or such other means as theCommission shall prescribe to the end that all five copies shall be legibl# produced in one handwriting. The five copies of the certificateof canvass must bear the signatures and thumbmarks of all the members of the board. pon the completion of these certificates andstatements the# shall be enclosed in envelopes furnished b# the Commission and sealed and immediatel# distributed as follows$ theoriginal cop# shall be enclosed and sealed in the envelope directed to the 3peaker and delivered to him at the ,atasang Pambansa b#the fastest possible means) the second cop# shall likewise be enclosed and sealed in the envelope directed to the Commission) thethird cop# shall be retained b# the provincial election supervisor in the case of the provincial board of canvassers and b# the cit#election registrar in the case of the cit# board of canvassers) and one cop# each to the authori6ed representatives of the ruling part#and the dominant opposition political part#.


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2n case the certificates of canvass which were not submitted on account of missing election returns will affect the results of the electionno proclamation shall be made. The 3peaker shall immediatel# instruct the boards of canvassers concerned to obtain the missingelection returns from the boards of election inspectors or if the returns have been lost or destro#ed upon prior authorit# from theCommission to use an# authentic cop# of said election returns for the purpose of conducting the canvass and thereafter issue thecertificates of canvass. The certificates of canvass shall be immediatel# transmitted to the 3peaker of the ,atasang Pambansa.

Proclamation shall be made onl# upon submission of all certificates of canvass or when the missing certificates of canvass will notaffect the results of the election.

ARTICLE III

ELECTION OF MEMBERS OF THE BATASANG PAMBANSA

Section 21. !egular election of )embers of t$e %atasang Pambansa. - The regular election of the +embers of the ,atasangPambansa shall be held on the second +onda# of +a# =ineteen hundred and ninet# 4%''(5 and on the same da# ever# si! #earsthereafter.

Section 22 #pecial election for )embers of t$e %atasang Pambansa. - 2n case a vacanc# arises in the ,atasang Pambansa eighteenmonths or more before a regular election the Commission shall call a special election to be held within si!t# da#s after the vacanc#occurs to elect the +ember to serve the une!pired term.

The ,atasang Pambansa through a dul# approved resolution or an official communication of the 3peaker when it is not in session shallcertif# to the Commission the e!istence of said vacanc#.

Section 23. Composition of t$e %atasang Pambansa. - The ,atasang Pambansa shall be composed of not more than two hundred+embers elected from the different provinces of the Philippines with their component cities highl# urbani6ed cities and districts of+etropolitan +anila those elected or selected from various sectors as provided herein and those chosen b# the President from themembers of the Cabinet.

Section 2 . Apportionment of representatives. - ntil a new apportionment shall have been made the +embers of the ,atasangPambansa shall be apportioned in accordance with the Ordinance appended to the Constitution as follows$

=ational Capital egion$

+anila B)Due6on Cit# )Caloocan *)Pasa# %)

Pasig and +arikina *)as Pi as and Para a7ue %)

+akati %)+alabon =avotas and &alen6uela *)3an uan and +andalu#ong %)Taguig Pateros and +untinglupa %.

egion 2$

Abra %),enguet %)2locos =orte with aoag Cit# *)2locos 3ur *)

a nion *)

+ountain Province %)Pangasinan with the cities of ;agupan and3an Carlos B),aguio Cit# %.

egion 22$

,atanes %)Caga#an 0)2fugao %)2sabela 0)Falinga-Apa#ao %)=ueva &i6ca#a %)Duirino %.

egion 222$

,ataan %),ulacan )=ueva Eci9a with the cities of CabanatuanPala#an and 3an ose )Pampanga with Angeles Cit# )Tarlac *)Gambales %)Olongapo Cit# %.

egion 2&$

Aurora %),atangas with the cities of ,atangas and

ipa )Cavite with the cities of Cavite Taga#ta# andTrece +artires 0)

aguna with 3an Pablo Cit# )+arindu7ue %)Occidental +indoro %)Oriental +indoro *)Palawan with Puerto Princesa Cit# %)Due6on with ucena Cit# )

i6al *)omblon %.

egion &$

Alba# with egaspi Cit# 0)Camarines =orte %)Camarines 3ur with the cities of 2riga and=aga )Catanduanes %)+asbate *)3orsogon *.

egion &2$

Aklan %) Anti7ue %)Capi6 with o!as Cit#)2loilo with 2loilo Cit# /)=egros Occidental with the cities of ,acolod,ago Cadi6 a Carlota 3an Carlos and3ila# ?.

egion &22$

,ohol with Tagbilaran Cit# 0)Cebu with the cities of ;anao apu- apu+andaue and Toledo B)=egros Oriental with the cities of ,aisCanlaon and ;umaguete 0)3i7ui9or %)Cebu Cit# *.

egion &222$

e#te with the cities of Ormoc and Tacloban/)3outhern e#te %)Eastern 3amar %)=orthern 3amar %)3amar with Calba#og Cit# *.

egion 2H$

,asilan %)3ulu %)Tawi-Tawi %)


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Gamboanga del =orte with the cities of;apitan and ;ipolog *)Gamboanga del 3ur with Pagadian Cit# 0)Gamboanga Cit# %.

egion H$

Agusan del =orte with ,utuan Cit# %) Agusan del 3ur %),ukidnon *)

Camiguin %)+isamis Occidental with the cities ofOro7uieta O6amis and Tangub %)+isamis Oriental with :ingoog Cit# *)3urigao del =orte with 3urigao Cit# %)Caga#an de Oro Cit# %.

egion H2$

3urigao del 3ur %);avao del =orte 0);avao Oriental %);avao del 3ur *)3outh Cotabato with :eneral 3antos Cit# 0);avao Cit# *.

egion H22$

anao del =orte %)anao del 3ur with +arawi Cit# *)

+aguindanao with Cotabato Cit# *)=orth Cotabato *)3ultan Fudarat %)2ligan Cit# %.


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non-agricultural workers 4industrial labor5 of each region to be selected in the manner herein provided whose 7ualifications anddis7ualifications are the same as +embers of the ,atasang Pambansa.

The President shall appoint an additional seven representatives in each region whenever in his 9udgment an# other sector is notproperl# represented in the 3angguniang Pampook as a result of the elections.

Section 32. Apportionment of members of t$e #angguniang Pampoo&. - The +embers of the 3angguniang Pampook of egion 2H andof egion H22 shall be apportioned as follows$

egion 2H$

,asilan one 4%5)3ulu three 405)Tawi-Tawi one 4%5)Gamboanga del =orte including the cities of ;ipolog and ;apitan four 4 5)and Gamboanga del 3ur including the Cit# of Pagadian si! 4B5)and Gamboanga Cit# two 4*5)

egion H22$anao del =orte two 4*5) 2ligan Cit# one 4%5)anao del 3ur including the Cit# of +arawi four 4 5)

+aguindanao including the Cit# of Cotabato four 4 5)=orth Cotabato four 4 5)and 3ultan Fudarat two 4*5.

Section 33. Election of members of #angguniang Pampoo&. - The candidates for the position of seventeen representatives to the

3angguniang Pampook of egion 2H and of egion H22 shall be voted at large b# the registered voters of each province including thecities concerned.

The candidates corresponding to the number of member or members to be elected in a constituenc# who receive the highest number of votes shall be declared elected.

Section 3 . #election of sectoral representatives. - The President shall within thirt# da#s from the convening of each 3angguniangPampook appoint the sectoral representatives on recommendation of the 3angguniang Pampook and after due consultation with therepresentative and generall# recogni6ed organi6ations or aggrupations of members of the #outh agricultural workers and non-agricultural workers as attested b# the +inisters of ocal :overnment and of Education Culture and 3ports 4#outh5 +inisters of

Agrarian eform and of Agriculture and


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Section 3$. Certificate of Candidacy. - =o person shall be elected punong baranga# or kagawad ng sangguniang baranga# unless hefiles a sworn certificate of candidac# in triplicate on an# da# from the commencement of the election period but not later than the da#before the beginning of the campaign period in a form to be prescribed b# the Commission. The candidate shall state the baranga#office for which he is a candidate.

The certificate of candidac# shall be filed with the secretar# of the sangguniang baranga# who shall have the ministerial dut# to receivesaid certificate of candidac# and to immediatel# acknowledge receipt thereof.

2n case the secretar# refuses to receive the same or in the case of his absence or non-availabilit# a candidate ma# file his certificatewith the election registrar of the cit# or municipalit# concerned.

The secretar# of the sangguniang baranga# or the election registrar as the case ma# be shall prepare a consolidated list all thecandidates and shall post said list in the baranga# hall and in other conspicuous places in the baranga# at least ten da#s before theelection.

An# elective or appointive municipal cit# provincial or national official or emplo#ee or those in the civil or militar# service includingthose in government-owned or controlled corporations shall be considered automaticall# resigned upon the filing of certificate ofcandidac# for a baranga# office.

Section %. %oard of Election Tellers. -

4%5 The Commission shall constitute not later than ten da#s before the election a board of election tellers in ever# baranga#polling place to be composed of a public elementar# school teacher as chairman and two members who are registered voters

of the polling place concerned but who are not incumbent baranga# officials nor related to an# candidate for an# position inthat baranga# within the fourth civil degree of affinit# or consanguinit#.

2n case no public elementar# school teachers are available the Commission shall designate an# registered voter in the pollingplace who is not an incumbent baranga# official nor related to an# candidate for an# position in that baranga# within the fourthcivil degree of affinit# or consanguinit#.

4*5 The board of election tellers shall supervise and conduct the election in their respective polling places count the votes andthereafter prepare a report in triplicate on a form prescribed b# the Commission. The original of this report shall be deliveredimmediatel# to the baranga# board of canvassers. The second cop# shall be delivered to the election registrar and the thirdcop# shall be delivered to the secretar# of the sangguniang baranga# who shall keep the same on file.

Section 1. !egistration of voters and list of voters. - =ot later than seven da#s before the election the board of election tellers shallmeet in ever# baranga# polling place to conduct the registration of baranga# voters and to prepare the list of voters. An# voter ma#

challenge the 7ualification of an# person seeking to register and said challenge shall be heard and decided on the same da# b# theboard of election tellers.

The final list of voters shall be posted in the polling places at least two da#s before election da#. The registration of an# voter shall notbe transferred without written notice at least two da#s before the date of election. =ot later than the da# following the baranga# electionthe board of election tellers shall deliver the list of voters to the election registrar for custod# and safekeeping.

Section 2. Polling places. - 4%5 The chairman of the board of election tellers shall designate the public school or an# other publicbuilding within the baranga# to be used as polling place in case the baranga# has one election precinct. 4*5


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4%5 The Commission shall constitute a board of canvassers at least seven da#s before the election in each baranga# to becomposed of the senior public elementar# school teacher in the baranga# as chairman and two other public elementar#school teachers as members.

2n case the number of public elementar# school teachers is inade7uate the Commission shall designate the chairman andmembers of the baranga# board of canvassers from among the board of election tellers.

4*5 The baranga# board of canvassers shall meet immediatel# in a building where a polling place is found and which is mostcentrall# located in the baranga# and after canvassing the results from the various polling places within the baranga# proclaimthe winners. The board of canvassers shall accomplish the certificate of proclamation in triplicate on a form to be prescribed b#

the Commission. The original of the certificate shall be sent to the election registrar concerned the second cop# shall bedelivered to the secretar# of the sangguniang ba#an or sangguniang panglunsod as the case ma# be and the third cop# shallbe kept on file b# the secretar# of the sangguniang baranga#.

405 2n a baranga# where there is onl# one polling place the baranga# board of election tellers shall also be the baranga# boardof canvassers.

Section #. Activities during t$e campaign period. - ;uring the campaign period the punong baranga# if he is not a candidate or an#resident of the baranga# designated b# the Commission shall convene the baranga# assembl# at least once for the purpose ofallowing the candidates to appear at a 9oint meeting dul# called upon proper and with at least two da#s notice to e!plain to thebaranga# voters their respective program of administration their 7ualifications and other information that ma# help enlighten voters incasting their votes.

The members of the baranga# assembl# ma# take up and discuss other matters relative to the election of baranga# officials.

Section 8. (atc$ers. - Candidates ma# appoint two watchers each to serve alternatel# in ever# polling place within the baranga#who shall be furnished with a signed cop# of the results of the election in such form as the Commission ma# prescribe immediatel#after the completion of the canvass.

Section $. +nclusion and exclusion cases. - 2nclusion and e!clusion cases which shall be decided not later than seven before the dateof the election shall be within the e!clusive original 9urisdiction of the municipal or metropolitan trial court. The notice of such decisionshall be served to all parties within twent#-four hours following its promulgation and an# part# adversel# affected ma# appeal therefromwithin twent#-four hours to the regional trial court which shall finall# decide the same not later than two da#s before the date of theelection.

Section !%. Funding. - ocal governments shall appropriate such funds to defra# such necessar# and reasonable e!penses of themembers of the board of election tellers board of canvassers and the printing of election forms and procurement of other election

paraphernalia and the installation of polling booths.

Section !1. Penalties. - &iolations of an# provisions of this Article shall constitute prohibited acts and shall be prosecuted and penali6edin accordance with the provisions of this Code.

ARTICLE VIITHE COMMISSION ON ELECTIONS

Section !2. Po,ers and functions of t$e Commission on Elections. - 2n addition to the powers and functions conferred upon it b# theConstitution the Commission shall have e!clusive charge of the enforcement and administration of all laws relative to the conduct ofelections for the purpose of ensuring free orderl# and honest elections and shall$

4a5 E!ercise direct and immediate supervision and control over national and local officials or emplo#ees including members ofan# national or local law enforcement agenc# and instrumentalit# of the government re7uired b# law to perform duties relativeto the conduct of elections. 2n addition it ma# authori6e C+T cadets eighteen #ears of age and above to act as its deputies for the purpose of enforcing its orders.

The Commission ma# relieve an# officer or emplo#ee referred to in the preceding paragraph from the performance of hisduties relating to electoral processes who violates the election law or fails to compl# with its instructions orders decisions orrulings and appoint his substitute. pon recommendation of the Commission the corresponding proper authorit# shallsuspend or remove from office an# or all of such officers or emplo#ees who ma# after due process be found guilt# of suchviolation or failure.

4b5 ;uring the period of the campaign and ending thirt# da#s thereafter when in an# area of the countr# there are personscommitting acts of terrorism to influence people to vote for or against an# candidate or political part# the Commission shallhave the power to authori6e an# member or members of the Armed


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An# controvers# submitted to the Commission shall after compliance with the re7uirements of due process be immediatel#heard and decided b# it within si!t# da#s from submission thereof. =o decision or resolution shall be rendered b# theCommission either en banc or b# division unless taken up in a formal session properl# convened for the purpose.

The Commission ma# when necessar# avail of the assistance of an# national or local law enforcement agenc# andIorinstrumentalit# of the government to e!ecute under its direct and immediate supervision an# of its final decisions ordersinstructions or rulings.

4e5 Punish contempts provided for in the ules of Court in the same procedure and with the same penalties provided therein. An# violation of an# final and e!ecutor# decision order or ruling of the Commission shall constitute contempt thereof.

4f5 Enforce and e!ecute its decisions directives orders and instructions which shall have precedence over those emanatingfrom an# other authorit# e!cept the 3upreme Court and those issued in habeas corpus proceedings.

4g5 Prescribe the forms to be used in the election plebiscite or referendum.

4h5 Procure an# supplies e7uipment materials or services needed for the holding of the election b# public bidding$ ProvidedThat if it finds the re7uirements of public bidding impractical to observe then b# negotiations or sealed bids and in bothcases the accredited parties shall be dul# notified.

4i5 Prescribe the use or adoption of the latest technological and electronic devices taking into account the situation prevailingin the area and the funds available for the purpose$ Provided That the Commission shall notif# the authori6ed representativesof accredited political parties and candidates in areas affected b# the use or adoption of technological and electronic devices

not less than thirt# da#s prior to the effectivit# of the use of such devices.

495 Carr# out a continuing and s#stematic campaign through newspapers of general circulation radios and other media formsto educate the public and full# inform the electorate about election laws procedures decisions and other matters relative tothe work and duties of the Commission and the necessit# of clean free orderl# and honest electoral processes.

4k5 Enlist non-partisan group or organi6ations of citi6ens from the civic #outh professional educational business or laborsectors known for their probit# impartialit# and integrit# with the membership and capabilit# to undertake a coordinatedoperation and activit# to assist it in the implementation of the provisions of this Code and the resolutions orders andinstructions of the Commission for the purpose of ensuring free orderl# and honest elections in an# constituenc#.

3uch groups or organi6ations shall function under the direct and immediate control and supervision of the Commission andshall perform the following specific functions and duties$

A. ,efore Election ;a#$

%. ndertake 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.

*. 8age a registration drive in their respective areas so that all citi6ens of voting age not otherwisedis7ualified b# law ma# be registered.

0. 1elp cleanse the list of voters of illegal registrants conduct house-to-house canvass if necessar# andtake the appropriate legal steps towards this end.

. eport to the Commission violations of the provisions of this Code on the conduct of the politicalcampaign election propaganda and electoral e!penditures.

,. On Election ;a#$

%. E!hort all registered voters in their respective areas to go to their polling places and cast their votes.

*. =ominate one watcher for accreditation in each polling place and each place of canvass who shall havethe same duties functions and rights as the other watchers of political parties and candidates. +embers orunits of an# citi6en group or organi6ation so designated b# the Commission e!cept its lone dul# accreditedwatcher shall not be allowed to enter an# polling place e!cept to vote and shall if the# so desire sta# in anarea at least fift# meters awa# from the polling place.

0. eport to the peace authorities and other appropriate agencies all instances of terrorism intimidation ofvoters and other similar attempts to frustrate the free and orderl# casting of votes.

. Perform such other functions as ma# be entrusted to such group or organi6ation b# the Commission.

The designation of an# group or organi6ation made in accordance herewith ma# be revoked b# the Commission upon noticeand hearing whenever b# its actuations such group or organi6ation has shown partialit# to an# political part# or candidate orhas performed acts in e!cess or in contravention of the functions and duties herein provided and such others which ma# begranted b# the Commission.

4l5 Conduct hearings on controversies pending before it in the cities or provinces upon proper motion of an# part# taking intoconsideration the materialit# and number of witnesses to be presented the situation prevailing in the area and the fundavailable for the purpose.

4m5


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Section !3. Field offices of t$e Commission. - The Commission shall have the following field offices$

4%5 egional Election Office headed b# the egional Election ;irector and assisted b# the Assistant egional ;irector andsuch other subordinate officers or emplo#ees as the Commission ma# appoint.

4*5 Provincial Election Office headed b# the Provincial Election 3upervisor and assisted b# such other subordinate officers oremplo#ees as the Commission ma# appoint.

405 Cit#I+unicipal Election Office headed b# the Cit#I+unicipal egistrar who shall be assisted b# an election clerk and suchother emplo#ees as the Commission ma# appoint.

The Commission ma# delegate its powers and functions or order the implementation or enforcement of its orders rulings or decisionsthrough the heads of its field offices.

Section ! . ualifications. - Onl# members of the Philippines ,ar shall be eligible for appointment to the position of regional directorassistant regional director provincial election supervisor and election registrar$ Provided however That if there are no members of thePhilippine ,ar available for appointment as election registrar e!cept in cities and capital towns graduates of dul# recogni6ed schools of law liberal arts education or business administration who possess the appropriate civil service eligibilit# ma# be appointed to saidposition.

Section !!. Office space. - The local government concerned shall provide a suitable place for the office of the provincial electionsupervisor and his staff and the election registrar and his staff$ Provided That in case of failure of the local government concerned toprovide such suitable place the provincial election supervisor or the election registrar as the case ma# be upon prior authorit# of the

Commission and notice to the local government concerned ma# lease another place for office and the rentals thereof shall bechargeable to the funds of the local government concerned.

Section !". C$anges in t$e composition' distribution or assignment of field offices. - The Commission ma# make changes in thecomposition distribution and assignment of field offices as well as its personnel whenever the e!igencies of the service and theinterest of free orderl# and honest election so re7uire$ Provided That such changes shall be effective and enforceable onl# for theduration of the election period concerned and shall not affect the tenure of office of the incumbents of positions affected and shall notconstitute a demotion either in rank or salar# nor result in change of status$ and Provided further That there shall be no changes inthe composition distribution or assignment within thirt# da#s before election e!cept for cause and after due notice and hearing andthat in no case shall a regional or assistant regional director be assigned to a region) a provincial election supervisor to a province) or acit# or municipal election registrar to a cit# or municipalit# where he andIor his spouse are related to an# candidate within the fourth civildegree of consanguinit# or affinit# as the case ma# be.

Section !#. )easures to ensure enforcement. -


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relevant information as ma# be re7uired b# the Commission. The Commission shall after due notice and hearing resolve the petitionwithin ten da#s from the date it is submitted for decision.

=o religious sect shall be registered as a political part# and no political part# which seeks to achieve its goal through violence shall beentitled to accreditation.

Section "2. Publication of petition for registration or accreditation. - The Commission shall re7uire publication of the petition forregistration or accreditation in at least three newspapers of general circulation and shall after due notice and hearing resolve thepetition within fifteen da#s from the date it is submitted for decision.

ARTICLE I(ELIGIBILIT' OF CANDIDATES AND CERTIFICATE OF CANDIDAC'

Section "3. ualifications for President and "ice-President of t$e P$ilippines. - =o person ma# be elected President unless he is anatural-born citi6en of the Philippines a registered voter able to read and write at least fort# #ears of age on the da# of election and aresident of the Philippines for at least ten #ears immediatel# preceding such election.

Section " . ualifications for )embers of t$e %atasang Pambansa. - =o person shall be elected +ember of the ,atasang Pambansaas provincial cit# or district representative unless he is a natural-born citi6en of the Philippines and on the da# of the election is atleast twent#-five #ears of age able to read and write a registered voter in the constituenc# in which he shall be elected and a residentthereof for a period of not less than si! months immediatel# preceding the da# of the election.

A sectoral representative shall be a natural-born citi6en of the Philippines able to read and write a resident of the Philippines able to

read and write a resident of the Philippines for a period of not less than one #ear immediatel# preceding the da# of the election a bonafide member of the sector he seeks to represent and in the case of a representative of the agricultural or industrial labor sector shallbe a registered voter and on the da# of the election is at least twent#-five #ears of age.

The #outh sectoral representative should at least be eighteen and not be more than twent#-five #ears of age on the da# of the election$Provided however That an# #outh sectoral representative who attains the age of twent#-five #ears during his term shall be entitled tocontinue in office until the e!piration of his term.

Section "!. ualifications of elective local officials. - The 7ualifications for elective provincial cit# municipal and baranga# officials shallbe those provided for in the ocal :overnment Code.

Section "". Candidates $olding appointive office or positions. - An# person holding a public appointive office or position includingactive members of the Armed ' '/ 'B '? and %( ) or 4e5 violated an# of 3ections >( >0 >/ >B and *B% paragraphs d e k v and ccsubparagraph B shall be dis7ualified from continuing as a candidate or if he has been elected from holding the office. An# person whois a permanent resident of or an immigrant to a foreign countr# shall not be 7ualified to run for an# elective office under this Codeunless said person has waived his status as permanent resident or immigrant of a foreign countr# in accordance with the residencere7uirement provided for in the election laws.

Section "$. uisance candidates. - The Commission ma# motu proprio or upon a verified petition of an interested part# refuse to givedue course to or cancel a certificate of candidac# if it is shown that said certificate has been filed to put the election process in mocker#or disrepute or to cause confusion among the voters b# the similarit# of the names of the registered candidates or b# othercircumstances or acts which clearl# demonstrate that the candidate has no bona fide intention to run for the office for which thecertificate of candidac# has been filed and thus prevent a faithful determination of the true will of the electorate.

Section #%. /uest candidacy. - A political part# ma# nominate andIor support candidates not belonging to it.

Section #2. Effects of dis ualification cases and priority. - The Commission and the courts shall give

priorit# to cases of dis7ualification b# reason of violation of this Act to the end that a final decision shall be rendered not later than sevenda#s before the election in which the dis7ualification is sought.

An# candidate who has been declared b# final 9udgment to be dis7ualified shall not be voted for and the votes cast for him shall not becounted. =evertheless if for an# reason a candidate is not declared b# final 9udgment before an election to be dis7ualified and he isvoted for and receives the winning number of votes in such election his violation of the provisions of the preceding sections shall notprevent his proclamation and assumption to office.

Section #3. Certificate of candidacy. - =o person shall be eligible for an# elective public office unless he files a sworn certificate ofcandidac# within the period fi!ed herein.

A person who has filed a certificate of candidac# ma# prior to the election withdraw the same b# submitting to the office concerned awritten declaration under oath.

=o person shall be eligible for more than one office to be filled in the same election and if he files his certificate of candidac# for morethan one office he shall not be eligible for an# of them.

1owever before the e!piration of the period for the filing of certificates of candidac# the person who was filed more than one certificateof candidac# ma# declare under oath the office for which he desires to be eligible and cancel the certificate of candidac# for the otheroffice or offices.


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The filing or withdrawal of a certificate of candidac# shall not affect whatever civil criminal or administrative liabilities which a candidatema# have incurred.

Section # . Contents of certificate of candidacy. - The certificate of candidac# shall state that the person filing it is announcing hiscandidac# for the office stated therein and that he is eligible for said office) if for +ember of the ,atasang Pambansa the provinceincluding its component cities highl# urbani6ed cit# or district or sector which he seeks to represent) the political part# to which hebelongs) civil status) his date of birth) residence) his post office address for all election purposes) his profession or occupation) that hewill support and defend the Constitution of the Philippines and will maintain true faith and allegiance thereto) that he will obe# the lawslegal orders and decrees promulgated b# the dul# constituted authorities) that he is not a permanent resident or immigrant to a foreigncountr#) that the obligation imposed b# his oath is assumed voluntaril# without mental reservation or purpose of evasion) and that the

facts stated in the certificate of candidac# are true to the best of his knowledge.

nless a candidate has officiall# changed his name through a court approved proceeding a certificate shall use in a certificate ofcandidac# the name b# which he has been bapti6ed or if has not been bapti6ed in an# church or religion the name registered in theoffice of the local civil registrar or an# other name allowed under the provisions of e!isting law or in the case of a +uslim his 1ad9iname after performing the prescribed religious pilgrimage$ Provided That when there are two or more candidates for an office with thesame name and surname each candidate upon being made aware or such fact shall state his paternal and maternal surname e!ceptthe incumbent who ma# continue to use the name and surname stated in his certificate of candidac# when he was elected. 1e ma#also include one nickname or stage name b# which he is generall# or popularl# known in the localit#.

The person filing a certificate of candidac# shall also affi! his latest photograph passport si6e) a statement in duplicate containing hisbio-data and program of government not e!ceeding one hundred words if he so desires.

Section #!. Filing and distribution of certificate of candidacy. - The certificate of candidac# shall be filed on an# da# from the

commencement of the election period but not later than the da# before the beginning of the campaign period$ Provided That in cases of postponement or failure of election under 3ections / and B hereof no additional certificate of candidac# shall be accepted e!cept incases of substitution of candidates as provided under 3ection ?? hereof.

The certificates of candidac# for President and &ice-President of the Philippines shall be filed in ten legible copies with the Commissionwhich shall order the printing of copies thereof for distribution to all polling places. The certificates of candidac# for the other officesshall be filed in duplicate with the offices herein below mentioned together with a number of clearl# legible copies e7ual to twice thenumber of polling places in the province cit# district municipalit# or baranga# as the case ma# be$

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4*5 1olding political caucuses conferences meetings rallies parades or other similar assemblies for the purpose of solicitingvotes andIor undertaking an# campaign or propaganda for or against a candidate)

405 +aking speeches announcements or commentaries or holding interviews for or against the election of an# candidate forpublic office)

4 5 Publishing or distributing campaign literature or materials designed to support or oppose the election of an# candidate) or

4/5 ;irectl# or indirectl# soliciting votes pledges or support for or against a candidate.

The foregoing enumerated acts if performed for the purpose of enhancing the chances of aspirants for nomination for candidac# to apublic office b# a political part# aggroupment or coalition of parties shall not be considered as election campaign or partisan electionactivit#.

Public e!pressions or opinions or discussions of probable issues in a forthcoming election or on attributes of or criticisms againstprobable candidates proposed to be nominated in a forthcoming political part# convention shall not be construed as part of an# electioncampaign or partisan political activit# contemplated under this Article.

Section 8%. Election campaign or partisan political activity outside campaign period. - 2t shall be unlawful for an# person whether or nota voter or candidate or for an# part# or association of persons to engage in an election campaign or partisan political activit# e!ceptduring the campaign period$ Provided That political parties ma# hold political conventions or meetings to nominate their officialcandidates within thirt# da#s before the commencement of the campaign period and fort#-five da#s for Presidential and &ice-Presidential election.

Section 81. +ntervention of foreigners. - 2t shall be unlawful for an# foreigner whether 9udicial or natural person to aid an# candidate orpolitical part# directl# or indirectl# or take part in or influence in an# manner an# election or to contribute or make an# e!penditure inconnection with an# election campaign or partisan political activit#.

Section 82. 0a,ful election propaganda. - awful election propaganda shall include$

4a5 Pamphlets leaflets cards decals stickers or other written or printed materials of a si6e not more than eight and one-halfinches in width and fourteen inches in length)

4b5 1andwritten or printed letters urging voters to vote for or against an# particular candidate)

4c5 Cloth paper or cardboard posters whether framed or posted with an area e!ceeding two feet b# three feet e!cept that at

the site and on the occasion of a public meeting or rall# or in announcing the holding of said meeting or rall# streamers note!ceeding three feet b# eight feet in si6e shall be allowed$ Provided That said streamers ma# not be displa#ed e!cept oneweek before the date of the meeting or rall# and that it shall be removed within sevent#-two hours after said meeting or rall#) or

4d5 All other forms of election propaganda not prohibited b# this Code as the Commission ma# authori6e after due notice to allinterested parties and hearing where all the interested parties were given an e7ual opportunit# to be heard$ Provided That theCommission@s authori6ation shall be published in two newspapers of general circulation throughout the nation for at least twicewithin one week after the authori6ation has been granted.

Section 83. !emoval' destruction or defacement of la,ful election propaganda pro$ibited. - 2t shall be unlawful for an# person duringthe campaign period to remove destro# obliterate or in an# manner deface or tamper with or prevent the distribution of lawful electionpropaganda.

Section 8 . !e uirements for publis$ed or printed election propaganda. - An# newspaper newsletter newsweekl# ga6ette or

maga6ine advertising posters pamphlets circulars handbills bumper stickers streamers simple list of candidates or an# published or printed political matter for or against a candidate or group of candidates to an# public office shall bear and be identified b# the words"paid for b#" followed b# the true and correct name and address of the pa#or and b# the words "printed b#" followed b# the true andcorrect name and address of the printer.

Section 8!. Pro$ibited forms of election propaganda. - 2t shall be unlawful$

4a5 To print publish post or distribute an# poster pamphlet circular handbill or printed matter urging voters to vote for oragainst an# candidate unless the# bear the names and addresses of the printer and pa#or as re7uired in 3ection > hereof)

4b5 To erect put up make use of attach float or displa# an# billboard tinplate-poster balloons and the like of whatever si6eshape form or kind advertising for or against an# candidate or political part#)

4c5 To purchase manufacture re7uest distribute or accept electoral propaganda gadgets such as pens lighters fans ofwhatever nature flashlights athletic goods or materials wallets shirts hats bandanas matches cigarettes and the likee!cept that campaign supporters accompan#ing a candidate shall be allowed to wear hats andIor shirts or T-shirts advertisinga candidate)

4d5 To show or displa# publicl# an# advertisement or propaganda for or against an# candidate b# means of cinematograph#audio-visual units or other screen pro9ections e!cept telecasts which ma# be allowed as hereinafter provided) and

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14/98

other bu#ers or users of air time for non-political purposes) that the provisions of this Code regarding the limitation ofe!penditures b# candidates and political parties and contributions b# private persons entities and institutions are effectivel#enforced) and to ensure that said radio broadcasting and television stations shall not undul# allow the scheduling of an#program or permit an# sponsor to manifestl# favor or oppose an# candidate or political part# b# undul# or repeatedl# referringto or including said candidate andIor political part# in such program respecting however in all instances the right of saidstations to broadcast accounts of significant or newsworth# events and views on matters of public interest.

4b5 All contracts for advertising in an# newspaper maga6ine periodical or an# form of publication promoting or opposing thecandidac# of an# person for public office shall before its implementation be registered b# said newspaper maga6ineperiodical or publication with the Commission. 2n ever# case it shall be signed b# the candidate concerned or b# the dul#

authori6ed representative of the political part#.

4c5 =o franchise or permit to operate a radio or television station shall be granted or issued suspended or cancelled during theelection period.

An# radio or television stations including that owned or controlled b# the :overnment shall give free of charge e7ual time andprominence to an accredited political part# or its candidates if it gives free of charge air time to an accredited political part# or itscandidates for political purposes.

2n all instances the Commission shall supervise the use and emplo#ment of press radio and television facilities so as to givecandidates e7ual opportunities under e7ual circumstances to make known their 7ualifications and their stand on public issues within thelimits set forth in this Code on election spending.

ules and regulations promulgated b# the Commission under and b# authorit# of this section shall take effect on the seventh da# aftertheir publication in at least two dail# newspapers of general circulation. Prior to the effectivit# of said rules and regulations no politicaladvertisement or propaganda for or against an# candidate or political part# shall be published or broadcast through the mass media.

&iolation of the rules and regulations of the Commission issued to implement this section shall be an election offense punishable under3ection *B hereof.

Section 8#. !allies' meetings and ot$er political activities. - 3ub9ect to the re7uirements of local ordinances on the issuance of permitsan# political part# supporting official candidates or an# candidate individuall# or 9ointl# with other aspirants ma# hold peaceful politicalrallies meetings and other similar activities during the campaign period$ Provided That all applications for permits to hold meetingsrallies and other similar political activities receipt of which must be acknowledged in writing and which application shall be immediatel#posted in a conspicuous place in the cit# or municipal building shall be acted upon in writing b# local authorities concerned within threeda#s after the filing thereof and an# application not acted upon within said period shall be deemed approved$ and Provided furtherThat denial of an# application for said permit shall be appealable to the provincial election supervisor or to the Commission whosedecision shall be made within fort#-eight hours and which shall be final and e!ecutor#$ Provided finall# That one onl# 9ustifiable groundfor denial is a prior written application b# an# candidate or political part# for the same purpose has been approved.

Section 88. Public rally. - An# political part# or candidate shall notif# the election registrar concerned of an# public rall# said politicalpart# or candidate intends to organi6e and hold in the cit# or municipalit# and within seven working da#s thereafter submit to theelection registrar a statement of e!penses incurred in connection therewith.

Section 8$. Transportation' food and drin&s. - 2t shall be unlawful for an# candidate political part# organi6ation or an# person to giveor accept free of charge directl# or indirectl# transportation food or drinks or things of value during the five hours before and after apublic meeting on the da# preceding the election and on the da# of the election) or to give or contribute directl# or indirectl# mone# orthings of value for such purpose.

Section $%. Comelec space. - The Commission shall procure space in at least one newspaper of general circulation in ever# provinceor cit#$ Provided however That in the absence of said newspaper publication shall be done in an# other maga6ine or periodical in saidprovince or cit# which shall be known as "Comelec 3pace" wherein candidates can announce their candidac#. 3aid space shall beallocated free of charge e7uall# and impartiall# b# the Commission among all candidates within the area in which the newspaper iscirculated.

Section $1. Comelec poster area. - 8henever practicable the Commission shall also designate and provide for a common poster arein strategic places in each town wherein candidates can announce and further their candidac# through posters said space to belikewise allocated free of charge e7uall# and impartiall# b# the Commission among all the candidates concerned.

Section $2. Comelec time. - The Commission shall procure radio and television time to be known as "Comelec Time" which shall beallocated e7uall# and impartiall# among the candidates within the area of coverage of all radio and television stations.


15/98

4b5 The term "e!penditure" includes the pa#ment or deliver# of mone# of an#thing of value or a contract promise oragreement to make an e!penditure for the purpose of influencing the results of the election. 2t shall also include the use offacilities personall# owned b# the candidate the mone# value of the use of which can be assessed based on the ratesprevailing in the area.

4c5 The term "person" includes an individual partnership committee association corporation and an# other organi6ation orgroup of persons.

Section $!. Pro$ibited contributions. - =o contribution for purposes of partisan political activit# shall be made directl# or indirectl# b#an# of the following$

4a5 Public or private financial institutions$ Provided however That nothing herein shall prevent the making of an# loan to acandidate or political part# b# an# such public or private financial institutions legall# in the business of lending mone# and thatthe loan is made in accordance with laws and regulations and in the ordinar# course of business)

4b5 =atural and 9uridical persons operating a public utilit# or in possession of or e!ploiting an# natural resources of the nation)

4c5 =atural and 9uridical persons who hold contracts or sub-contracts to suppl# the government or an# of its divisionssubdivisions or instrumentalities with goods or services or to perform construction or other works)

4d5 =atural and 9uridical persons who have been granted franchises incentives e!emptions allocations or similar privileges orconcessions b# the government or an# of its divisions subdivisions or instrumentalities including government-owned orcontrolled corporations)

4e5 =atural and 9uridical persons who within one #ear prior to the date of the election have been granted loans or otheraccommodations in e!cess of P%(( ((( b# the government or an# of its divisions subdivisions or instrumentalities includinggovernment-owned or controlled corporations)

4f5 Educational institutions which have received grants of public funds amounting to no less than P%(( (((.(()

4g5 Officials or emplo#ees in the Civil 3ervice or members of the Armed


16/98

4c5


17/98

2f the statement is sent b# mail it shall be b# registered mail and the date on which it was registered with the post office ma# beconsidered as the filing date thereof if confirmed on the same date b# telegram or radiogram addressed to the office or official withwhom the statement should be filed.

The provincial election supervisors and election registrars concerned shall within fifteen da#s after the last da# for the filing of thestatements send to the Commission duplicate copies of all statements filed with them.

Section 1%$. Form and contents of statement. - The statement shall be in writing subscribed and sworn to b# the candidate or b# thetreasurer of the part# shall be complete as of the date ne!t preceding the date of filing and shall set forth in detail 4a5 the amount ofcontribution the date of receipt and the full name and e!act address of the person from whom the contribution was received) 4b5 the

amount of ever# e!penditure the date thereof the full name and e!act address of the person to whom pa#ment was made and thepurpose of the e!penditure) 4c5 an# unpaid obligation its nature and amount and to whom said obligation is owing) and 4d5 such otherparticulars which the Commission ma# re7uire.

2f the candidate or treasurer of the part# has received no contribution made no e!penditure or has no pending obligation thestatement shall reflect such fact.

Section 11%. Preservation and inspection of statements. - All statements of contributions and e!penditures shall be kept and preservedat the office where the# are filed and shall constitute part of the public records thereof for three #ears after the election to which the#pertain. The# shall not be removed therefrom e!cept upon order of the Commission or of a competent court and shall during regularoffice hours be sub9ect and open to inspection b# the public. The officer in-charge thereof shall on demand furnish certified copies ofan# statement upon pa#ment of the fee prescribed under 3ection *?( hereof.

2t shall be the dut# of the Commission to e!amine all statements of contributions and e!penditures of candidates and political parties todetermine compliance with the provisions of this Article.

Section 111. Effect of failure to file statement. - 2n addition to other sanctions provided in this Code no person elected to an# publicoffice shall enter upon the duties of his office until he has filed the statement of contributions and e!penditures herein re7uired.

The same prohibition shall appl# if the political part# which nominated the winning candidate fails to file the statements re7uired hereinwithin the period prescribed b# this Code.

Section 112. !eport of contractor and business firms. - Ever# person or firm to whom an# electoral e!penditure is made shall withinthirt# da#s after the da# of the election file with the Commission a report setting forth the full names and e!act addresses of thecandidates treasurers of political parties and other persons incurring such e!penditures the nature or purpose of each e!penditurethe date and costs thereof and such other particulars as the Commission ma# re7uire. The report shall be signed and sworn to b# thesupplier or contractor or in case of a business firm or association b# its president or general manager.

2t shall be the dut# of such person or firm to whom an electoral e!penditure is made to re7uire ever# agent of a candidate or of thetreasurer of a political part# to present written authorit# to incur electoral e!penditures in behalf of such candidate or treasurer and tokeep and preserve at its place of business sub9ect to inspection b# the Commission or its authori6ed representatives copies of suchwritten authorit# contracts vouchers invoices and other records and documents relative to said e!penditures for a period of three#ears after the date of the election to which the# pertain.

2t shall be unlawful for an# supplier contractor or business firm to enter into contract involving election e!penditures withrepresentatives of candidates or political parties without such written authorit#.

ARTICLE (IIREGISTRATION OF VOTERS

Section 113. Permanent 0ist of "oters. - An# provision of Presidential ;ecree =o. %>'B to the contrar# notwithstanding the list ofvoters prepared and used in the election of +embers of the ,atasang Pambansa on +a# % %'> with such additions cancellationsand corrections as ma# hereafter be made in accordance with the provisions of this Code shall constitute the permanent list of votersin each cit# or municipalit# as the case ma# be until %''B.


18/98

4a5 An# person who has been sentenced b# final 9udgment to suffer imprisonment for not less than one #ear such disabilit# nothaving been removed b# plenar# pardon or granted amnest#$ Provided however That an# person dis7ualified to vote underthis paragraph shall automaticall# reac7uire the right to vote upon e!piration of five #ears after service of sentence.

4b5 An# person who has been ad9udged b# final 9udgment b# competent court or tribunal of having committed an# crimeinvolving dislo#alt# to the dul# constituted government such as rebellion sedition violation of the anti-subversion and firearmslaws or an# crime against national securit# unless restored to his full civil and political rights in accordance with law$ ProvidedThat he shall regain his right to vote automaticall# upon e!piration of five #ears after service of sentence.

4c5 2nsane or incompetent persons as declared b# competent authorit#.

Section 11$. Preparation of t$e permanent list of voters. -


19/98

4f5 A statement that the applicant has not been previousl# registered otherwise he shall be re7uired to attach a swornapplication for cancellation of his previous registration) and

4g5 3uch other information or data which ma# be re7uired b# the Commission.

The voter@s affidavit shall also contain three specimens of the applicant@s signature and clear and

legible prints of his left and right hand thumbmarks and shall be sworn to and filed together with four copies of the latest identificationphotograph to be supplied b# the applicant.

The oath of the applicant shall include a statement that he does not have an# of the dis7ualifications of a voter and that he has notbeen previousl# registered in the precinct or in an# other precinct.

,efore the applicant accomplishes his voter@s affidavit the board of election inspectors shall appraise the applicant of the 7ualificationsand dis7ualifications prescribed b# law for a voter. 2t shall also see to it that the accomplished voter@s affidavit contain all the datatherein re7uired and that the applicant@s specimen signatures the prints of his left and right hand thumbmarks and his photograph areproperl# affi!ed in each of the voter@s affidavit.

Section 12#. +lliterate or disabled applicants. - The voter@s affidavit of an illiterate or ph#sicall# disabled person ma# be prepared b# an#relative within the fourth civil degree of consanguinit# of affinit# or b# an# member of the board of election inspectors who shall preparethe affidavit in accordance with the data supplied b# the applicant.

Section 128. "oter1s identification. - The identification card issued to the voter shall serve and be considered as a document for the

identification of each registered voter$ Provided however That if the voter@s identit# is challenged on election da# and he cannotpresent his voter identification card his identit# ma# be established b# the specimen signatures the photograph or the fingerprints inhis voter@s affidavit in the book of voters. =o e!tra or duplicate cop# of the voter identification card shall be prepared and issued e!ceptupon authorit# of the Commission.

Each identification card shall bear the name and the address of the voter his date of birth se! civil status occupation his photographthumbmark the cit# or municipalit# and number of the polling place where he is registered his signature his voter serial number andthe signature of the chairman of the board of election inspectors.

An# voter previousl# registered under the provisions of Presidential ;ecree =umbered %>'B who desires to secure a voter identificationcard shall on an# registration da# provide four copies of his latest identification photograph to the board of election inspectors whichupon receipt thereof shall affi! one cop# thereof to the voter@s affidavit in the book of voters one cop# to the voter identification card tobe issued to the voter and transmit through the election registrar one cop# each to the provincial election supervisor and theCommission to be respectivel# attached to the voter@s affidavit in their respective custod#.

Section 12$. Action by t$e board of election inspectors. - pon receipt of the voter@s affidavit the board of election inspectors shalle!amine the data therein. 2f it finds that the applicant possesses all the 7ualifications and none of the dis7ualifications of a voter heshall be registered. Otherwise he shall not be registered.

The name and address of each registered voter shall immediatel# upon his registration be entered in the proper alphabetical group inthe list after which the voter identification card shall be issued to the voter.

Section 13%. Provincial central file of registered voters. - There shall be a provincial central file of registered voters containing theduplicate copies of all approved voter@s affidavits in each cit# and municipalit# in the province which shall be under the custod# andsupervision of the provincial election supervisor. The applications shall be compiled alphabeticall# b# precincts so as to make the file ane!act replica of the book of voters in the possession of the election registrar.

3hould the book of voters in the custod# of the election registrar be lost or destro#ed at a time so close to the election da# that there isno time to reconstitute the same the corresponding book of voters in the provincial file shall be used during the voting.

Section 131. ational central file of registered voters. - There shall also be a national central file or registered voters consisting of thetriplicate copies of all approved voters@ affidavits in all cities and municipalities which shall be prepared and kept in the central office ofthe Commission. The applications in the national central file shall be compiled alphabeticall# according to the surnames of theregistered voters regardless of the place of registration.

Section 132. Preservation of voter1s affidavits. - A cop# of the affidavit of each voter shall be kept b# the board of election inspectorsuntil after the election when it shall deliver the same to the election registrar together with the copies of the list of voters and otherelection papers for use in the ne!t election. The election registrar shall compile the voter@s affidavits b# precinct alphabeticall# in a bookof voters. The other two copies shall be sent b# the board of election inspectors on the da# following the date of the affidavit to the officeof the provincial election supervisor and the Commission in +anila. The provincial election supervisor and the Commission shallrespectivel# file and preserve the voter@s affidavits b# cit# and municipalit# and in alphabetical order of their surnames. The fourth cop#shall be given to the voter as evidence of his registration.

Section 133. Columns in t$e list of voters. - The list of voters shall be arranged in columns as follows$ 2n the first column there shall beentered at the time of closing of the list before the election a number opposite the name of each voter registered beginning withnumber one and continuing in consecutive order until the end of the list. 2n the second column the surnames of the registered votersshall be written in alphabetical order followed b# their respective first names without abbreviations of an# kind. 2n the third column therespective residences of such persons with the name of the street and number or in case there be none a brief description of thelocalit# or place. 2n the fourth column shall be entered the periods of residence in the Philippines and in the cit# or municipalit#. 2n thefifth column there shall be entered on the da# of the election the numbers of the ballots which were given successivel# to each voter. 2nthe si!th column the voter shall stamp on the da# of the election the mark of the thumb of his right hand and under said mark hissignature. And in the seventh column the signature of the chairman of the board of election inspectors who has handed the ballot to thevoter. 2t will be sufficient that the fifth si!th and seventh columns shall be filled in the cop# of the list under the custod# of the board ofelection inspectors which shall see to it that the thumbmark is stamped plainl#.

Section 13 . Certificate of t$e board of election inspectors in t$e list of voters. - pon the ad9ournment of each meeting for theregistration of voters the board of election inspectors shall close each alphabetical group of surnames of voters b# writing the dates onthe ne!t line in blank which shall be forthwith signed b# each member and before adding a new name on the same page at the ne!tmeeting it shall write the following$ "Added at the J J J meeting" specif#ing if it is the second third or fourth meeting of the board as thecase ma# be. 2f the meeting ad9ourned is the last one for the registration of voters the board shall besides closing each alphabetical


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group of voters as above provided add at the end of the list a certificate 4a5 of the corrections and cancellations made in the permanentlist specif#ing them or that there has been none and 4b5 of the total number of voters registered in the precinct.

Section 13!. Publication of t$e list. - At the first hour of the working da# following the last da# of registration of voters the poll clerkshall deliver to the election registrar a cop# of the list certified to b# the board of election inspectors as provided in the precedingsection) another cop# also certified shall be sent to the provincial election supervisor of the province and another likewise certifiedshall be sent to the Commission in whose offices said copies shall be open to public inspection during regular office hours. On thesame da# and hour the poll clerk shall also post a cop# of the list in the polling place in a secure place on the door or near the same ata height of a meter and a half where it ma# be convenientl# consulted b# the interested parties. The chairman poll clerk and the twomembers of the board of election inspectors shall each keep a cop# of the list which ma# be inspected b# the public in their residence

or office during regular office hours. 2mmediatel# after the meeting for the closing of the list the poll clerk shall also send a notice to theelection registrar provincial election supervisor and the Commission regarding the changes and the numbering above referred to to beattached to the cop# of the list under their custod#.

Section 13". C$allenge of rig$t to register. - An# person appl#ing for registration ma# be challenged before the board of electioninspectors on an# registration da# be an# member voter candidate or watcher. The board shall then e!amine the challenged personand shall receive such other evidence as it ma# deem pertinent after which it shall decide whether the elector shall be included in ore!cluded from the list as ma# be proper. All challenges shall be heard and decided without dela# and in no case be#ond three da#sfrom the date the challenge was made.

After the 7uestion has been decided the board of election inspectors shall give to each part# a brief certified statement setting forth thechallenge and the decision thereon.

Section 13#. Po,er of t$e board of election inspectors to administer oat$s and issue summons. -


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4f5 The decision shall be based on the evidence presented. 2f the 7uestion is whether or not the voter is real or fictitious hisnon-appearance on the da# set for hearing shall be prima facie evidence that the registered voter is fictitious. 2n no case shalla decision be rendered upon a stipulation of facts.

4g5 These applications shall be heard and decided without dela#. The decision shall be rendered within si! hours after thehearing and within ten da#s from the date of its filing in court. Cases appealed to the regional trial court shall be decided withinten da#s from receipt of the appeal in the office of the clerk of court. 2n an# case the court shall decide these petitions not later than the da# before the election and the decision rendered thereon shall be immediatel# final and e!ecutor# notwithstandingthe provisions of 3ection %0> on the finalit# of decisions.

Section 1 . Canvass to c$ec& registration. - The election registrar shall once ever# two #ears or more often should the Commissiondeem it necessar# in order to preserve the integrit# of the permanent lists of voters conduct verification b# mail or house-to-housecanvass or both of the registered voters of an# baranga# for purposes of e!clusion proceedings.

Section 1 !. Annulment of permanent lists of voters. - An# book of voters not prepared in accordance with the provisions of this Codeor the preparation of which has been effected with fraud briber# forger# impersonation intimidation force or an# other similarirregularit# or which list is statisticall# improbable ma# upon verified petition of an# voter or election registrar or dul# registered politicalpart# and after notice and hearing be annulled b# the Commission$ Provided That no order ruling or decision annulling a book ofvoters shall be e!ecuted within si!t# da#s before an election.

Section 1 ". !econstitution of lost or destroyed registration records. - The Commission shall reconstitute all registration records whichhave been lost or destro#ed.


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Section 1!1. Publication of maps or precincts. - At least five da#s before the first registration da# preceding a regular election orspecial election or a referendum or a plebiscite the Commission shall through its dul# authori6ed representative post in the cit# hall ormunicipal building and in three other conspicuous places in the cit# or municipalit# and on the door of each polling place a map of thecit# or municipalit# showing its division into precincts with their respective boundaries and indicating therein all streets and alle#s inpopulous areas and the location of each polling place.

These maps shall be kept posted until after the election referendum or plebiscite.

Section 1!2. Polling place. - A polling place is the building or place where the board of election inspectors conducts its proceedingsand where the voters shall cast their votes.

Section 1!3. Designation of polling places. - The location of polling places designated in the preceding regular election shall continuewith such changes as the Commission ma# find necessar# after notice to registered political parties and candidates in the political unitaffected if an# and hearing$ Provided That no location shall be changed within fort#-five da#s before a regular election and thirt# da#sbefore a special election or a referendum or plebiscite e!cept in case it is destro#ed or it cannot be used.

Section 1! . !e uirements for polling places. - Each polling place shall be as far as practicable a ground floor and shall be ofsufficient si6e to admit and comfortabl# accommodate fort# voters at one time outside the guard rail for the board of election inspectors.The polling place shall be located within the territor# of the precinct as centrall# as possible with respect to the residence of the voterstherein and whenever possible such location shall be along a public road. =o designation of polling places shall be changed e!ceptupon written petition of the ma9orit# of the voters of the precinct or agreement of all the political parties or b# resolution of theCommission upon prior notice and hearing.

A public building having the re7uirements prescribed in the preceding paragraph shall be preferred as polling place.

Section 1!!. %uilding t$at s$all not be used as polling places. - =o polling place shall be located in a public or private building ownedleased or occupied b# an# candidate or of an# person who is related to an# candidate within the fourth civil degree of consanguinit# oraffinit# or an# officer of the government or leader of an# political part# group or faction nor in an# building or surrounding premisesunder the actual control of a private entit# political part# or religious organi6ation. 2n places where no suitable public building isavailable private school buildings ma# be used as polling places. =o polling place shall be located within the perimeter of or inside amilitar# or police camp or reservation or within a prison compound.

An# registered voter candidate or political part# ma# petition the Commission not later than thirt# da#s before the first registration da#for the transfer of the polling place from the prohibited buildings provided herein. 3uch petition shall be heard and decided b# theCommission within twent# da#s from the filing of the petition.


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4b5 2n case of the destruction or disappearance of an# ballot bo! on election da# the board of election inspectors shallimmediatel# report it to the cit# or municipal treasurer who shall furnish another bo! or receptacle as e7uall# ade7uate aspossible. The election registrar shall report the incident and the deliver# of a new ballot bo! b# the fastest means ofcommunication on the same da# to the Commission and to the provincial election supervisor.

Section 1"1. Tally boards. - At the beginning of the counting there shall be placed within the plain view of the board of electioninspectors watchers and the public a tall# board where the names of all the registered candidates or the issues or 7uestions to bevoted upon shall be written and the poll clerk shall record thereon the votes received b# each of them as the chairman of the board ofelection inspectors reads the ballot.

Section 1"2. Furnis$ing of ballot boxes' forms' stationeries and materials for election. - The Commission shall prepare and furnish theballot bo!es forms stationeries and materials necessar# for the registration of voters and the holding of the election.

The provincial cit# and municipal treasurer shall have custod# of such election paraphernalia supplies and materials as are entrustedto him under the law or rules of the Commission and shall be responsible for their preservation and storage and for an# lossdestruction impairment or damage of an# election e7uipment material or document in their possession furnished under this Code.

Section 1"3. +nspection of polling places. - ,efore the da# of the election referendum or plebiscite the Chairman of the Commissionshall through its authori6ed representatives see to it that all polling places are inspected and such omissions and defects as ma# befound corrected. The Commission shall keep the reports on these inspections.

ARTICLE (IVBOARD OF ELECTION INSPECTORS

Section 1" . Composition and appointment of board of election inspectors. - At least thirt# da#s before the date when the voters list isto be prepare in accordance with this Code in the case of a regular election or fifteen da#s before a special election the Commissionshall directl# or through its dul# authori6ed representatives constitute a board of election inspectors for each precinct to be composedof a chairman and a poll clerk who must be public school teachers priorit# to be given to civil service eligibles and two members eachrepresenting the two accredited political parties. The appointment shall state the precinct to which the# are assigned and the date of theappointment.

Section 1"!. Oat$ of t$e members of t$e board of election inspectors. - The members of the board of election inspectors whetherpermanent substitute or temporar# shall before assuming their office take and sign an oath upon forms prepared b# the Commissionbefore an officer authori6ed to administer oaths or in his absence before an# other member of the board of election inspectors presentor in case no one is present the# shall take it before an# voter. The oaths shall be sent immediatel# to the cit# or municipal treasurer.

Section 1"". ualification of members of t$e board of election inspectors. - =o person shall be appointed chairman member orsubstitute member of the board of election inspectors unless he is of good moral character and irreproachable reputation a registeredvoter of the cit# or municipalit# has never been convicted of an# election offense or of an# other crime punishable b# more than si!months of imprisonment or if he has pending against him an information for an# election offense. 1e must be able to speak and writeEnglish or the local dialect.

Section 1"#. Dis ualification. - =o person shall serve as chairman or member of the board of election inspectors if he is related withinthe fourth civil degree of consanguinit# or affinit# to an# member of the board of election inspectors or to an# candidate to be voted forin the polling place or his spouse.

Section 1"8. Po,ers of t$e board of election inspectors. - The board of election inspectors shall have the following powers andfunctions$

a. Conduct the voting and counting of votes in their respective polling places)

b. Act as deputies of the Commission in the supervision and control of the election in the polling places wherein the# areassigned to assure the holding of the same in a free orderl# and honest manner) and

c. Perform such other functions prescribed b# this Code or b# the rules and regulations promulgated b# the Commission.

Section 1"$. "oting privilege of members of board of election inspectors. - +embers of the board of election inspectors and theirsubstitutes ma# vote in the polling place where the# are assigned on election da#$ Provided That the# are registered voters within theprovince cit# or municipalit# where the# are assigned$ and Provided finall# That their voting in the polling places where the# are notregistered voters be noted in the minutes of the board of election inspectors.

Section 1#%. !elief and substitution of members of t$e board of election inspectors. - Public school teachers who are members of the

board of election inspectors shall not be relieved nor dis7ualified from acting as such members e!cept for cause and after due hearing.

An# member of the board of election inspectors nominated b# a political part# as well as his substitute ma# at an# time be relievedfrom office and substituted with another having the legal 7ualifications upon petition of the authori6ed representative of the part# uponwhose nomination the appointment was made and it shall be unlawful to prevent said person from or disturb him in the performanceof the duties of the said office. A record of each case of substitution shall be made setting forth therein the hour in which the replacedmember has ceased in the office and the status of the work of the board of election inspectors. 3aid record shall be signed b# eachmember of the board of election inspectors including the incoming and outgoing officers.

Section 1#1. "acancy in t$e board of election inspectors. - Ever# vacanc# in the board of election inspectors shall be filled for theremaining period in the manner hereinbefore prescribed.

Section 1#2. Proceedings of t$e board of election inspectors. - The meetings of the board of election inspectors shall be public andshall be held onl# in the polling place authori6ed b# the Commission.

The board of election inspectors shall have full authorit# to maintain order within the polling place and its premises to keep accessthereto open and unobstructed and to enforce obedience to its lawful orders. 2f an# person shall refuse to obe# lawful orders of theboard of election inspectors or shall conduct himself in a disorderl# manner in its presence or within its hearing and thereb# interrupt or disturb its proceedings the board of election inspectors ma# issue an order in writing directing an# peace officer to take such person


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into custod# until the ad9ournment of the meeting but such order shall not be e!ecuted as to prevent an# person so taken into custod#from e!ercising his right to vote. 3uch order shall be e!ecuted b# an# peace officer to whom it ma# be delivered but if none be presentb# an# other person deputi6ed b# the board of election inspectors in writing.

Section 1#3. Pro$ibition of political activity. - =o member of the board of election inspectors shall engage in an# partisan politicalactivit# or take part in the election e!cept to discharge his duties as such and to vote.

Section 1# . Functioning of t$e board of election inspectors. - The board of election inspectors shall act through its chairman and shalldecide without dela# b# ma9orit# vote all 7uestions which ma# arise in the performance of its duties.

Section 1#!. Temporary vacancies. - 2f at the time of the meeting of the board of election inspectors an# member is absent or theoffice is still vacant the members present shall call upon the substitute or the absent members to perform the duties of the latter) andin case such substitute cannot be found the members present shall appoint an# non-partisan registered voter of the polling place totemporaril# fill said vacanc# until the absent member appears or the vacanc# is filled. 2n case there are two or more members presentthe# shall act 9ointl#$ Provided That if the absent member is one who has been proposed b# an accredited political part# therepresentative of said political part#

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Oec and Other Election Laws

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