OMNIBUS ELECTION CODE OF THE PHILIPPINES
(1) In case a vacancy arises in the Batasang Pambansa eighteen months or more before a regular election,
the Commission shall call a special election to be heldwithin sixty days after the vacancy occurs to elect the Member
to serve the unexpired term.
(2) In case of the dissolution of the Batasang Pambansa, the President shall call an election which shall not be
held earlier than forty-five nor later than sixty days 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 supervisors and election registrars for dissemination, who shall post copies thereof in at least three
conspicuous places preferably where public meetingsare held in each city or municipality affected.
Section 8
Election Code to be available in polling places. - A printed copy of this Code in English or in the national
language shall be provided and be made available by the Commission in every polling place, in order that it may be
readily consulted by any person in need thereof onthe registration, revision and election days.
Section 9
Official mail and telegram relative to elections. - Papers connected with the election and required by this Code
to be sent by public officers in the performance of their election duties shall be free of postage and sent by registered
special delivery mail. Telegrams of the same nature shall likewise be transmitted free of charge by
government telecommunications and similar facilities. It shall be the duty of the Postmaster General,
the Director of the Bureau of Telecommunications, and the managers of private telecommunication
companies to transmit immediately and in preference to all other communications or telegrams
messages reporting election results and such other messages or communications which the Commission may
require or may be necessary to ensure free, honest and orderly elections.
Section 10
Election expenses. - Except in barangay elections, such expenses as may be necessary and reasonable in
connection with the elections, referenda, plebiscites and other similar exercises shall be paid by the Commission.
The Commission may direct that in the provinces, cities, or municipalities, the election expenses chargeable to the
Commission be advanced by the province, city or municipality concerned subject to reimbursement by the Commission
upon presentation of the proper bill. Funds needed by the Commission to defray
the expenses for the holding of regular and special elections, referenda and plebiscites shall be provided in
the regular appropriations of the Commission which, upon request, shall immediately be released to the Commission.
In case of deficiency, the amount so provided shall be augmented from thespecial activities funds in the
general appropriations act and from those specifically appropriated for the purpose in special laws.
Section 11
Failure to assume office. - The office of any official elected who fails or refuses to take his oath of office within
six months from his proclamation shall be considered vacant, unless said failure is for a cause or causes beyond his control.
Section 12
Disqualifications. - Any person who has been declared by competent authority insane or incompetent, or has
been sentenced by final judgment for subversion, insurrection, rebellion or for any offense for which he has been
sentenced to a penalty of more than eighteen months or for a crime involving moral turpitude, shall be
disqualified to be a candidate and to hold any office, unless he has been given plenary pardon or granted amnesty.
This disqualifications to be a candidate herein provided shall be deemed removed upon the declaration by competent
authority that said insanity or incompetence had been removed or after the expiration of a period of five years from his
service of sentence, unless within the same period he again becomes disqualified
ARTICLE II
ELECTION OF PRESIDENT AND VICE-PRESIDENT
Section 13.
Regular election for President and Vice-President.- The regular election for President and Vice-President of the Philippines
shall be held on the first Monday of May Nineteen hundred eighty seven (1987) and on the same day
every six years thereafter. The President-elect and the Vice-President-elect shall assume office at twelve o'clock noon on
the thirtieth day of June next following the election and shall end at noon of the same date, six years thereafter when the
term of his successor shall begin.
Section 14
Special election for President and Vice-President.
-In case a vacancy occurs for the Office of the President and Vice-President, the Batasang Pambansa shall, at
ten o'clock in the morning of the third day after the vacancy occurs,
convene in accordance with its rules without need of a call and within seven days enact a law calling
for a special election to elect a President and a Vice-President to be hel
d not earlier than forty-five days nor later than sixty days from the time
of such call. The bill calling such special election shall be deemed certified under paragraph (2), Section 19, Article VIII of
the Constitution and shall become law upon its approval on third reading by the Batasang Pambansa. Appropriations for
the special election shall be charged against any current appropriations and shall be exempt from therequirements of
paragraph (4), Section 16 of Article VIII of the Constitution. The convening of the Batasang Pambansa cannot be
suspended nor the special election postponed. No special election shall be called if the vacancy occurs within seventy
days before the date of the presidential election of 1987.
Section 15
Canvass of votes for President and Vice-
President by the provincial or city board of canvassers. -
The provincial, city, or district boards of canvassers in Metropolitan Manila, as the case may be, shall meet not later than six
o'clock in the evening on election day to canvass the election returns that may have already been received by them,
respectively. It shall meet continuously from day to day until the canvass is completed, but may adjourn only for the
purpose of awaiting the other election returns. Each time the board adjourns, it shall make a total of all the votes cast for
each candidate for President and for Vice-President, duly authenticated by the signatures and thumbmarks of all the
members of the provincial, city or district board of canvassers, furnishing the Commission in Manila by the fastest means
of communication a copy thereof, and making available the data contained therein to mass media and other interested
parties. Upon the completion of the canvass, the board shall prepare a certificate of canvass showing the votes received
by each candidate for the office of the President and for Vice-President, duly authenticated by the signatures and
thumbmarks of all the members of the provincial, city or district board of canvassers. Upon the completion of the certificate of canvass,
the board shall certify and transmit the said certificate of canvass to the Speaker of the Batasang Pambansa.
The provincial, city and district boards of canvassers shall prepare the certificate of canvass for the election of President
and Vice-President, supported by a statement of votes by polling place, in quintuplicate by the use of carbon papers or
such other means as the Commission shall prescribe to the end that all five copies shall be legibly produced in one
handwriting. The five copies of the certificate of canvass must bear the signatures and thumbmarks of all the members of
the board. Upon the completion of these certificates and statements, they shall be enclosed in envelopes furnished by the
Commission and sealed, and immediately distributed as follows: the original copy shall be enclosed andsealed in the
envelope directed to the Speaker and delivered to him at the Batasang Pambansa by the fastest possible means;
the second copy shall likewise be enclosed and sealed in the envelope directed to the Commission; the third copy shall be
retained by the provincial election supervisor, in the case of the provincial board of canvassers, and by the city election
registrar, in the case of the city board of canvassers; and one copy each to the authorized representatives of the ruling
party and the dominant opposition political party. Failure to comply with the requirements of this section shall constitute an
election offense.
Section 16
Counting of votes for President and Vice-President by the Batasang Pambansa. -
The certificates of canvass, duly certified by the board of canvassers of each p
rovince, city or district in Metropolitan Manila shall be transmitted to the
Speaker of the Batasang Pambansa, who shall, not later than thirty days after the day of the election,
convene the Batasang Pambansa in session and in its presence open all the certificates of canvass, and the votes shall then be counted.
Section 17
Correction of errors in certificate and supporting
statement already transmitted to the Speaker. -
No correction of errors allegedly committed in the certificate of canvass and supporting statement already transmitted to the Speaker of
the Batasang Pambansa shall be allowed, subject to the provisions of the succeeding section.
Section 18
Preservation of ballot boxes, their keys, and disposition of their contents. -
Until after the completion by the Batasang Pambansa of the canvassing of the votes and until an uncontested
proclamation of the President-elect and Vice-President-elect shall have been obtained,
the provincial, city or district board of canvassers under the joint responsibility with the provincial,
city or municipal treasurers shall provide for the safekeeping and storage of the ballot
boxes in a safe and closed chamber secured by four padlocks: one to be provided by the corresponding
board chairman; one by the provincial or city treasurer concerned; and one each by the ruling party and the accredited
dominant opposition political party.
Section 19
When certificate of canvass is incomplete or bears erasures or alterations. -
When the certificate of canvass, duly certified by the board of canvassers of each p
rovince, city or district in Metropolitan Manila and transmitted to the
Speaker of the Batasang Pambansa, as provided in the Constitution, appears to be incomplete, the Speaker shall require
the board of canvassers concerned to transmit to his office, by personal delivery, the election returns from polling places
that were not included in the certificate of canvass and supporting statements. Said election returns shall be submitted by
personal delivery to the Speaker within two days from receipt of notice. When it appears that any cert
ificate of canvass or supporting statement of votes by polling place bear
s erasures or alterations which may cast doubt as to the veracity of the
number of votes stated therein and may affect the result of the election, the Batasang Pambansa upon request of the
Presidential or Vice-Presidential candidate concerned or his party shall, for the sole purpose of
verifying the actual number of votes cast for President or Vice-President, count the votes as they appear in the copies of
the election returns for the Commission. For this purpose, the Speaker shall require the Commission to deliver its copies of the election
returns to the Batasang Pambansa.
Section 20
Proclamation of the President-elect and Vice-President-elect. - Upon the completion of the canvass of the
votes by the Batasang Pambansa, the persons obtaining the highest number of votes for President and for Vice-President
shall be declared elected; but in case two or more shall have an equal and the highest number of votes, one of them shall
be chosen President or Vice-President, as the case may be, by a majority vote of all the Members of the
Batasang Pambansa in session assembled.
In case there are certificates of canvass which have not been submitted to the Speaker of the Batasang Pambansa on
account of missing election returns, a proclamation may be made if the missing certificates will not affect the results of the
election. In case the certificates of canvass which were not submitted on account of missing election returns will affect the results
of the election, no proclamation shall be made. The Speaker shall immediately instruct the boards of canvassers
concerned to obtain the missing election returns from the boards of election inspectors or, if the returns have been lost or
destroyed upon prior authority from the Commission,to use any authentic copy of said election returns for the purpose of
conducting the canvass, and thereafter issue the certificates of canvass. The certificates of canvass shall be immediately
transmitted to the Speaker of the Batasang Pambansa
.
Proclamation shall be made only upon submission of all certificates of canvass or when the missing certificates of
canvass will not affect the results of the election
.
ARTICLE III
ELECTION OF MEMBERS OF THE BATASANG PAMBANSA
Section 21.
Regular election of Members of the Batasang Pambansa. -
The regular election of the Members of the Batasang Pambansa shall be held on the second Monday of May, Nineteen hundred and ninety (1990) and on
the same day every six years thereafter.
Section 22
Special election for Members of the Batasang Pambansa. -
In case a vacancy arises in the Batasang
Pambansa eighteen months or more before a regular election, the Commission shall call a special election
to be held within sixty days after the vacancy occurs to elect the Member to serve the unexpired term.
The Batasang Pambansa through a duly approved resolution or an official communication of the Speaker when it is not in
session shall certify to the Commission the existence of said vacancy.
Section 23.
Composition of the Batasang Pambansa. -
The Batasang Pambansa shall be composed of not more than two hundred Members elected from the different provinces of the Philippines with their component cities, highly urbanized cities and districts of Metropolitan Manila, those elected or selected from various sectors as provided herein, and those chosen by the President from the members of the Cabinet.
Section 24.
Apportionment of representatives. -
Until a new apportionment shall have been made, the Members of the
Batasang Pambansa shall be apportioned in accordance with the Ordinance appended to the Constitution,
as follows:
National Capital Region:
Manila, 6;
Quezon City, 4;
Caloocan, 2;
Pasay, 1;
Pasig and Marikina, 2;
Las Piñas and Parañaque, 1;
Makati, 1;
Malabon, Navotas and Valenzuela, 2;
San Juan and Mandaluyong, 1;
Taguig, Pateros and Muntinglupa, 1.
Region I:
Abra, 1;
Benguet, 1;
Ilocos Norte with Laoag City, 2;
Ilocos Sur, 2;
La Union, 2;
Mountain Province, 1;
Pangasinan with the cities of Dagupan and San Carlos, 6;
Baguio City, 1.
Region II:
Batanes, 1;
Cagayan, 3;
Ifugao, 1;
Isabela, 3;
Kalinga-Apayao, 1;
Nueva Vizcaya, 1;
Quirino, 1.
Region III:
Bataan, 1;
Bulacan, 4;
Nueva Ecija with the cities of Cabanatuan, Palayan
and San Jose, 4;
Pampanga with Angeles City, 4;
Tarlac, 2;
Zambales, 1;
Olongapo City, 1.
Region IV:
Aurora, 1;
Batangas with the cities of Batangas and Lipa, 4;
Cavite with the cities of Cavite, Tagaytay and Trece Martires, 3;
Laguna with San Pablo City, 4;
Marinduque, 1;
Occidental Mindoro, 1;
Oriental Mindoro, 2;
Palawan with Puerto Princesa City, 1;
Quezon with Lucena City, 4;
Rizal, 2;
Romblon, 1.
Region V:
Albay with Legaspi City, 3;
Camarines Norte, 1;
Camarines Sur with the cities of Iriga and Naga, 4;
Catanduanes, 1;
Masbate, 2;
Sorsogon, 2.
Region VI:
Aklan, 1;
Antique, 1;
Capiz with Roxas City;
Iloilo with Iloilo City, 5;
Negros Occidental with the cities of Bacolod, Bago,
Cadiz, La Carlota, San Carlos and Silay, 7.
Region VII:
Bohol with Tagbilaran City, 3;
Cebu with the cities of Danao, Lapu-Lapu, Mandaue and Toledo, 6;
Negros Oriental with the cities of Bais, Canlaon and Dumaguete, 3;
Siquijor, 1;
Cebu City, 2.
Region VIII:
Leyte with the cities of Ormoc and Tacloban, 5;
Southern Leyte, 1;
Eastern Samar, 1;
Northern Samar, 1;
Samar with Calbayog City, 2.
Region IX:
Basilan, 1;
Sulu, 1;
Tawi-Tawi, 1;
Zamboanga del Norte with the cities of Dapitan and Dipolog, 2;
Zamboanga del Sur with Pagadian City, 3;
Zamboanga City, 1.
Region X:
Agusan del Norte with Butuan City, 1;
Agusan del Sur, 1;
Bukidnon, 2;
Camiguin, 1;
Misamis Occidental with the cities of Oroquieta, Ozamis and Tangub, 1;
Misamis Oriental with Gingoog City, 2;
Surigao del Norte with Surigao City, 1;
Cagayan de Oro City, 1.
Region XI:
Surigao del Sur, 1;
Davao del Norte, 3;
Davao Oriental, 1;
Davao del Sur, 2;
South Cotabato with General Santos City, 3;
Davao City, 2.
Region XII:
Lanao del Norte, 1;
Lanao del Sur with Marawi City, 2;
Maguindanao with Cotabato City, 2;
North Cotabato, 2;
Sultan Kudarat, 1;
Iligan City, 1.
Any province that may hereafter be created or any component city that may hereafter be declared by or pursuant to law
as a highly urbanized city shall be entitled in the immediately following election to at least one Member or such number of
Members as it may be entitled to on the basis of the number of the inhabitants and on the same uniform and progressive
ratio used in the last preceding apportionment. The number of Members apportioned to the province out of which the new
province was created or where the new highly urbanized city is geographically located shall be correspondingly adjusted
by the Commission, but such adjustment shall not be made within one hundred twenty days before the election.
Section 25.
Voting by province and its component cities, by highly urbanized city or by district in Metropolitan Manila. -
All candidates shall be voted at large by the registered voters of their respective constituencies. The candidates
corresponding to the number of Member or Members to be elected in a constituency who receive the highest number of
votes shall be declared elected.
Section 26.
Sectoral representatives. - There shall be three sectors to be represented in the Batasang Pambansa,
namely: (1) youth; (2) agricultural labor; (3) industrial labor whose representatives shall be elected in the manner herein
provided. Each sector shall be entitled to four representatives, two of whom shall come from Luzon, one from Visayas, and one from Mindanao: Provided, That the youth sector shall be entitled to two additional sectoral representatives who
shall be elected from any part of the country.
Section 27.
Scope of the sectors. - The agricultural labor sector covers all persons w
ho personally and physically till the land as their principal occupation. It includes agricultural tenants and lessees,
rural workers and farm employees, owner-cultivators, settlers and small fishermen.
The industrial labor sector includes all non-agricultural workers and employees.
The youth sector embraces persons not more than twenty-five years of age.
Section 28.
Selection of sectoral representatives. - Not later than twenty days after the election of provincial, city or
district representatives, the most representative and generally recognized organizations or aggroupmen
ts of members of the agricultural labor, industrial labor, and youth sectors, as attested to by the Ministers of Agrarian Reform
and of Agriculture and Food, the Ministers of Labor and Employment, and the Ministers of Local Government and of Education,
Culture and Sports, respectively, shall, in accordance with the procedures of said organizations or aggroupments of
members of the sector, submit to the President their respective nominees for each slot allotted for each sector.
The President shall appoint from among the nominees submitted by the aforementioned organizations or aggroupments the
representatives of each sector. In recognizing the most representative and generally recognized organizations or aggroupments,
the Ministers of Agrarian Reform and of Agriculture and Food, the Minister of Labor and Employment, and the Ministers of Local
Government and Education, Culture and Sports shall consider:
(a) The extent of membership and activity of the organization or aggroupment which should be national;
(b) The responsiveness of the organization or aggroupment to the legitimate aspirations of its sector;
(c) The militancy and consistency of the organization or aggroupment in espousing the cause and promoting the
welfare of the sector consistent with that of the whole country;
(d) The observance by such organization or aggroupm
ent of the rule of law; and
(e) Other analogous factors. The President of the Philippines shall, in writing, notify the Secretary-General of the
Batasang Pambansa of the appointment made by him of any sectoral representative.
Except as herein otherwise provided, sectoral representatives shall have the same functions, responsibilities, rights,
privileges, qualifications and disqualifications as the representatives from the provinces and their c
omponent cities, highly urbanized cities or districts of Metropolitan Manila.
ARTICLE IV
ELECTION OF LOCAL OFFICIALS
Section 29.
Regular elections of local officials. - The election of provincial, city and municipal officials whose positions are
provided for by the Local Government Code shall be held throughout the Philippines in the manner herein prescribed on
the first Monday of May, Nineteen hundred and eighty-six and on the same day every six years thereafter.
The officials elected shall assume office on the thirtieth day of June next following the election and shall hold office for six
years and until their successors shall have been elected and qualified.
All local incumbent officials whose tenure of office shall expire on March 23, 1986 shall hold office
until June 30, 1986 or until their successors shall have been elected and qualified: Provided, That they cannot be
suspended or removed without just cause.
Section 30.
Component and highly urbanized cities. - Unless their respective charters provide otherwise, the electorate of
component cities shall be entitled to vote in the election for provincial officials of the province of which it is a part.
The electorate of highly urbanized cities shall not vote in the election for provincial officials of the province in which it is
located: Provided, however, That no component city shall be declared or be entitled to a highly urbanized city status within
ninety days prior to any election.
ARTICLE V
ELECTION OF MEMBERS OF THE REGIONAL ASSEMBLY OF THE
AUTONOMOUS REGIONS.
Section 31.
The Sangguniang Pampook of the autonomous regions.- Region IX and Region XII in southern Philippines
shall each have a Sangguniang Pampook to be composed of twenty-seven members and shall include seventeen
representatives elected from the different provinces and cities of each region, and a sectoral representative each from
among the youth, agricultural workers, and non-agricultural workers (industrial labor) of each region
to be selected in the manner herein provided whose qualifications and
disqualifications are the same as Members of the Batasang Pambansa.
The President shall appoint an additional seven representatives in each region whenever in his judgment any other sector
is not properly represented in the Sangguniang Pampook as a result of the elections.
Section 32.
Apportionment of members of the Sangguniang Pampook. - The Members of the Sangguniang Pampook of
Region IX and of Region XII shall be apportioned as
follows:
Region IX:
Basilan, one (1);
Sulu, three (3);
Tawi-Tawi, one (1);
Zamboanga del Norte including the cities of Dipolog and Dapitan, four, (4);
and Zamboanga del Sur, including the City of Pagadian, six (6);
and Zamboanga City, two (2);
Region XII:
Lanao del Norte, two (2); Iligan City, one (1);
Lanao del Sur including the City of Marawi, four (4);
Maguindanao including the City of Cotabato, four (4);
North Cotabato, four (4);
and Sultan Kudarat, two (2).
Section 33.
Election of members of Sangguniang Pampook. - The candidates for the position of seventeen
representatives to the Sangguniang Pampook of Region IX and of Region XII shall be voted at large by the registered
voters of each province including the cities concerned.
The candidates corresponding to the number of member or members to be elected in a constituency who receive the
highest number of votes shall be declared elected.
Section 34.
Selection of sectoral representatives. -The President shall, within thirty days from the convening of each
Sangguniang Pampook, appoint the sectoral representatives on recommendation of the Sangguniang Pampook and after
due consultation with the representative and generally recognized organizations or aggrupations of members of the youth,
agricultural workers and non-agricultural workers as attested by the Ministers of Local Government and of Education,
Culture and Sports (youth), Ministers of Agrarian Reform and of Agriculture and Food (agricultural workers), and Ministers
of Labor and Employment (non-agricultural or industrial labor). The President of the Philippines shall in writing
notify the Speaker of the Sangguniang Pampook of each region of the appointment made by him of any sectoral representative.
The sectoral representatives shall have the same functions, responsibilities, rights, privileges, qualifications and
disqualifications as the elective provincial representatives to the Sangguniang Pampook: Provided, how ever, That no
defeated candidate for member of the Sangguniang Pampook in the immediately preceding election shall be appointed as
sectoral representative.
Section 35.
Filling of vacancy. - Pending an election to fill a vacancy arising from any cause in the Sangguniang
Pampook, the vacancy shall be filled by the President, upon recommendation of the Sangguniang Pampook: Provided,
That the appointee shall come from the same province or sector of the member being replaced.
Section 36.
Term of office. - The present members of the Sangguniang Pampook of each of Region IX and Region XII
shall continue in office until June 30, 1986 or until their successors shall have been elected and qualified or appointed and
qualified in the case of sectoral members. They maynot be removed or replaced except in accordance with the internal
rules of said assembly or provisions of pertinent laws. The election of members of the Sangguniang Pampook
of the two regions shall be held simultaneously with the local elections of 1986. Those elected in said elections
shall have a term of four years starting June 30, 1986. Those elected in the election of 1990 to be held si
multaneously with the elections of Members of the Batasang Pambansa shall have a term of six years.
ARTICLE VI
ELECTION OF BARANGAY OFFICIALS
Section 37.
Regular election of barangay officials. - The election for barangay officials shall be held throughout the
Philippines in the manner prescribed on the second Monday of May Nineteen hundred and eighty-eight and on the same
day every six years thereafter. The officials elected shall assume office on the thirtieth day of June next following the election and
shall hold office for six years and until their successors shall have been elected and qualified.
Section 38.
Conduct of elections. - The barangay election shall be non-partisan and shall be conducted in an expeditious
and inexpensive manner. No person who files a certificate of candidacy shall represent or allow himself to be represented as a
candidate of any political party or any other organization; and no p
olitical party, political group, political committee, civic, religious,
professional, or other organization or organized group of whatever nature shall intervene in his nomin0ation
or in the filingof his certificate of candidacy or give aid or support, directly or indirectly, material or otherwise
favorable to or against his campaign for election: Provided, That this provision shall not apply to the members of the family of a
candidate within the fourth civil degree of consanguinity or affinity nor to the personal campaign staff of the candidate which shall not be more than one for every one hundred registered voters in his barangay: Provided, however,
That without prejudice to any liability that may be incurred, no permit to hold a public meeting shall be denied on the ground that
the provisions of this paragraph may or will be violated. Nothing in this section, however, shall be construe
d as in any manner affecting or constituting an impairment of the freedom of individuals to support or oppose
any candidate for any barangay office.
Section 39.
Certificate of Candidacy. -
No person shall be elected punong barangay or kagawad ng sangguniang
barangay unless he files a sworn certificate of candidacy in triplicate on any day from the commenceme
nt of the election period but not later than the day before the beginning of the campaign period in a form to be prescribed by theCommission. The candidate shall state the barangay office for which he is a candidate.
The certificate of candidacy shall be filed with the secretary of the sangguniang barangay who shall have the ministerial
duty to receive said certificate of candidacy and to immediately acknowledge receipt thereof. In case the secretary refuses to receive the same,
or in the case of his absence or non-availability, a candidate may file
his certificate with the election registrar of the city or municipality concerned. The secretary of the sangguniang barangay or the election registrar, as the case may be, shall prepare a consolidated list all the candidates and shall post said list in the
barangay hall and in other conspicuous places in the barangay at least ten
days before the election. Any elective or appointive municipal, city, provincial or national official or employee,
or those in the civil or military service, including those in government-owned or controlled corporations,
shall be considered automatically resigned upon the filing of certificate of candidacy for a barangay office.
Section 40.
Board of Election Tellers. -
(1) The Commission shall constitute not later than ten days before the election a board of election tellers in every
barangay polling place, to be composed of a public elementary school teacher as chairman, and two members
who are registered voters of the polling place concerned, but who are not incumbent barangay officials nor related to any candidate for any position in that barangay within the fourth civil degree of affinity or consanguinity.
In case no public elementary school teachers are available, the Commission shall designate any registered voter
in the polling place who is not an incumbent barangay official nor related to any candidate for any position in that
barangay within the fourth civil degree of affinity or consanguinity.
(2) The board of election tellers shall supervise and conduct the election in their respective polling places, count the votes and thereafter prepare a report in triplicate on a form prescribed by the Commission. The original of this report shall be delivered immediately to the b
arangay board of canvassers. The second copy shall be
delivered to the election registrar and the third copy shall be delivered to the secretary of the sangguniang
barangay who shall keep the same on file.
Section 41.
Registration of voters and list of voters. - Not later than seven days before the election, the board of election
tellers shall meet in every barangay polling place to conduct the registration of barangay voters and to prepare the list of
voters. Any voter may challenge the qualification of any person seeking to register and said challenge shall be heard and
decided on the same day by the board of election tellers.
The final list of voters shall be posted in the polling places at least two days before election day.
The registration of any voter shall not be transferred without written notice at least two days before the date of election.
Not later than the day following the barangay election, the board of election tellers shall deliver the list of voters to the
election registrar for custody and safekeeping.
Section 42.
Polling places. -
(1) The chairman of the board of election tellers shall designate the public school or any other public building within
the barangay to be used as polling place in case the barangay has one election precinct.
(2) For barangays with two or more election precincts the chairman of the board of canvassers shall designate the public
school or any other public building to be used as polling place. In case there is no public school or other public building that can be used as polling places, other appropriate private buildings may be designated: Provided, That such buildings are not owned or occupied or possessed by any incumbent elective public official or candidate, or his relative within the fourth civil degree of consanguinity
or affinity. The polling place shall be centrally located as possible, always taking into consideration the convenience and safety of the voters.
Section 43.
Official barangay ballots. - The official barangay ballots shall be provided by the city or municipality
concerned of a size and color to be prescribed by the Commission. Such official ballots shall, before they are handed
to the voter at the polling place, be authenticated in the presence of the voter, by the authorized representatives of the candidates and the chairman and members of the board of election tellers who shall affix their signatures at the back thereof.
Any ballot which is not authenticated shall be deemed spurious.
Section 44.
Ballot boxes. - The Commission shall provide the ballot boxes for each barangay polling place, but each
candidate may be permitted to provide a padlock for said ballot box.
Section 45.
Postponement or failure of election. - When for any serious cause such as violence, terrorism,
loss or destruction of election paraphernalia or records, force majeure, and other analogous causes of such nature that the
holding of a free, orderly and honest election should become impossible in any barangay, the Commission, upon a verified petition of an interested party and after due notice and hearing at which the interested parties are given equal opportunity to be heard, shall postpone the election therein for such time as it may deem necessary. If, on account of force majeure, violence, terrorism, fraud or other analogous causes, the election in any barangay has not been held on the date herein fixed or has been suspended before the hour fixed by law for the closing
of the voting therein and such failure or suspension of election would affect the result of the election, the Commission, on
the basis of a verified petition of an interested party, and after due notice and hearing, at which the interested parties are given equal opportunity to be heard shall call for the holding or continuation of the election within thirty days
after it shall have verified and found that the cause or causes for which the election has been postponed or suspended have ceased
to exist or upon petition of at least thirty percent of the registered voters in the barangay concerned.
When the conditions in these areas warrant, upon verification by the Commission, or upon petition of at least thirty percent
of the registered voters in the barangay concerned, it shall order the holding of the barangay election which was postponed or suspended.
Section 46.
Barangay board of canvassers. -
(1) The Commission shall constitute a board of canvassers at least seven days before the election in each
barangay, to be composed of the senior public elementary school teacher in the barangay as chairman, and two
other public elementary school teachers, as members.
In case the number of public elementary school teachers is inadequate, the Commission shall designate the
chairman and members of the barangay board of canvassers from among the board of election tellers.
(2) The barangay board of canvassers shall meet immediately in a building where a polling place is found and which is most centrally located in the barangay and after canvassing the results from the various polling places within the barangay, proclaim the winners. The board of canvassers shall accomplish the certificate of proclamation in triplicate on a form to be prescribed by the Commission. The original of the certificate shall be sent to the election registrar concerned, the second copy shall be delivered to the secretary of the sangguniang bayan or sangguniang panglunsod, as the case may be, and the third copy shall be kept on file by the secretary of the sangguniang barangay.
(3) In a barangay where there is only one polling place, the barangay board of election tellers shall also be the barangay board of canvassers.
Section 47.
Activities during the campaign period. - During the campaign period, the punong barangay if he is not a
candidate, or any resident of the barangay designated by the Commission, shall convene the barangay as
sembly at least once for the purpose of allowing the candidates to appear at a joint meeting duly called, upon proper
and with at least two days notice, to explain to the barangay voters their respective program of administration, their qualifications, and other
information that may help enlighten voters in casting their votes. The members of the barangay assembly may take up
and discuss other matters relative to the election of barangay officials.
Section 48.
Watchers. - Candidates may appoint two watchers each, to serve alternately, in every polling place within the
barangay, who shall be furnished with a signed copy of the results of the election, in such form as the Commission may
prescribe, immediately after the completion of the canvass.
Section 49.
Inclusion and exclusion cases. - Inclusion and exclusion cases which shall be decided not later than seven
before the date of the election shall be within the exclusive original jurisdiction of the municipal or metropolitan trial court.
The notice of such decision shall be served to all parties within twenty-four hours following its promulgation and any party
adversely affected may appeal therefrom within twenty-four hours to the regional trial court which shall finally decide the
same not later than two days before the date of the election.
Section 50.
Funding. - Local governments shall appropriate such funds to defray such necessary and reasonable expenses
of the members 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 51.
Penalties. - Violations of any provisions of this Article shall constitute prohibited acts and shall be prosecuted
and penalized in accordance with the provisions of this Code.
ARTICLE VII
THE COMMISSION ON ELECTIONS
Section 52.
Powers and functions of the Commission on Elections. - In addition to the powers and functions conferred
upon it by the Constitution, the Commission shall have exclusive 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) Exercise 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. In addition, it may authorize CMT 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. Upon 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) During 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 authorize any member or members of the Armed Forces of the Philippines,
the National Bureau of Investigation, the Integrated National Police or any similar agency or instrumentality of the
government, except civilian home defense forces, to act as deputies for the purpose of ensuring the holding of free, orderly and honest elections.
(c) Promulgate 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 fix in its rules and regulations. Rules and regulations promulgated by the Commission to implement the provisions of this Code shall take effect on the sixteenth day after publication in the Official Gazette or in at least daily newspapers of general circulation.
Orders and directives issued by the Commission pursuant to said rules and regulations shall be furnished by personal delivery to accredited political parties within forty-eight hours of issuance and shall take effect immediately upon receipt. In case of conflict between rules, regulations, orders or directives of the Commission in the exercise of its constitutional powers and those issued by any other
administrative office or agency of the government concerning the same matter relative to elections, the former shall prevail.
(d) Summon the parties to a controversy pending before it, issue subpoena and subpoena documents, and take testimony in any investigation or hearing before it, and delegate such power to any officer of the Commission who shall be a member of the Philippine Bar. In 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.
Any controversy submitted to the Commission shall, after compliance with the requirements of due process, be
immediately heard and decided by it within sixty days from submission thereof. No decision or resolution shall be rendered by the Commission either en banc or by division unless taken 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
and/or instrumentality of the government to execute under its direct and immediate supervision any of its final decisions, orders, instructionsor rulings.
(e) Punish contempts provided for in the Rules of Court in the same procedure and with the same penalties
provided therein. Any violation of any final and executory decision, order or ruling of the Commission shall constitute contempt thereof.
(f) Enforce and execute its decisions, directives, orders and instructions which shall have precedence
over those emanating from any other authority, except the Supreme Court and those issued in habeas corpus proceedings.
(g) Prescribe the forms to be used in the election, p0lebiscite or referendum.
(h) Procure any supplies, equipment, materials or services needed for the holding of the election by public bidding:
Provided, That, if it finds the requirements of public bidding impractical to observe, then by negotiations or sealed bids, and in both cases, the accredited parties shall be duly notified.
(i) Prescribe the use or adoption of the latest technological and electronic devices, taking into account the situation prevailing in the area and the funds available for the purpose: Provided, That the Commission shall notify the authorized 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.
(j) Carry out a continuing and systematic campaign through newspapers of general circulation, radios a nd other media forms to educate the public and fully inform the electorate about election laws, procedures, decisions, and other matters relative to the work and duties of the Commission and the necessity of clean, free, orderly and honest electoral processes.
(k) Enlist non-partisan group or organizations of citizens from the civic, youth, professional, educational, business or labor sectors known for
their probity, impartiality and integrity with the membership and capability to undertake 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.
Such groups or organizations shall function under the direct and immediate control and supervision of the
Commission and shall perform the following specific functions and duties:
A. Before Election Day:
1. Undertake an information campaign on salient features of this Code and help in the dissemination of the orders, decisions and resolutions of the Commission relative to the forthcoming election.
2. Wage a registration drive in their respective areas so that all citizens of voting age, not otherwise disqualified by law may be registered.
3. Help cleanse the list of voters of illegal registrants, conduct house-to-house canvass if necessary, and take the appropriate legal steps towards this end.
4. Report to the Commission violations of the provisions of this Code on the conduct of the
political campaign, election propaganda and electoral expenditures.
B. On Election Day:
1. Exhort all registered voters in their respective areas to go to their polling places and cast their votes.
2. Nominate 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. Members or units of any citizen group or organization so designated by the Commission except its lone duly accredited watcher, shall not be allowed to enter any polling place except to vote, and shall, if they so desire, stay in an area at least fifty meters away from the polling place.
3. Report 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.
4. Perform such other functions as may be entrusted to such group or organization by the Commission. The designation of any group or organization made i n accordance herewith may be revoked by the Commission upon notice and hearing whenever by its actuations
such group or organization has shown partiality to any political party or candidate, or has performed acts in excess 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, taking 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) Fix other reasonable periods for certain pre-election requirements in order that voters shall not be deprived of their right of suffrage and certain groups of rights granted them in this Code.
Unless indicated in this Code, the Commission is hereby authorized for fix the appropriate period for the various prohibited acts enumerated herein, consistent with the requirements of free, orderly, and honest elections.
Section 53.
Field offices of the Commission. - The Commission shall have the following field offices:
(1) Regional Election Office, headed by the Regional Election Director and assisted by the Assistant Regional
Director and such other subordinate officers or employees as the Commission may appoint.
(2) Provincial Election Office, headed by the Provincial Election Supervisor and assisted by such other
subordinate officers or employees as the Commission may appoint.
(3) City/Municipal Election Office, headed by the City/Municipal Registrar who shall be assisted by an election
clerk 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.
Section 54.
Qualifications. - Only members of the Philippines Bar shall be eligible for appointment to the position of regional director, assistant regional director, provincial election supervisor and election registrar: Provided, however, That if there are no members of the Philippine Bar available for appointment as election registrar, except in cities and capital towns, graduates of duly recognized schools of law, liberal arts, education or business administration who possess the appropriate civil service eligibility may be appointed to said position.
Section 55.
Office 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: Provided, That in case of failure of the local government 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.
Section 56.
Changes in the composition, distribution or assignment of field offices. - The Commission may make changesin the composition, distribution
and assignment of field offices, as well as its personnel, whenever the exigencies of the service and the interest of free, orderly, and hone st election so require: Provided, 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 incumbents of positions affected and shall not constitute a demotion, either in rank or salary, nor result in change of status:
and Provided, further, That there shall be no changes in the composition, distribution or assignment within thirty days before election, except 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 and/or his spouse are related to any candidate within the fourth civil degree of consanguinity or affinity as the case may be.
Section 57.
Measures 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 examination 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.
3. To inquire into the financial records of candidates and any organization or group of persons, motu proprio or0 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 Audit, the Central
Bank, the National Bureau of Investigation, the Bureau of Internal Revenue, the Armed Forces of the Philippines, the Integrated National Police of the Philippines, barangay officials, and other agencies of the government.
Section 58.
Disqualifications of members of the Commission. - The chairman and members of the Commission shall be subject to the canons of judicial ethics in the discharge of their functions. No chairman or commissioner shall sit in any case in which he has manifested bias or prejudice 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 Rules of Court. If it be claimed that the chairman or a commissioner is disqualified as above provided, the party objecting to his competency may file his objection 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 accordance with the Rules of Court. If a disqualification should result in a lack of quorum in the Commission sitting enbanc, the Presiding Justice of the Intermediate Appellate Court shall designate a justice of said court to sit in said case for the purpose of hearing and reaching a decision thereon.
Section 59.
Publication 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.
ARTICLE VIII
POLITICAL PARTIES
Section 60.
Political party. - "Political party" or "party", when used in this Act, means an organized group of persons pursuing the same ideology, political ideas or platforms of government and includes its branches and divisions. To acquire
juridical personality, quality it for subsequent accreditation, and to entitle it to the rights and privileges herein granted to political parties, a political party shall first be duly registered with the Commission. Any registered political party that, singly or in coalition with others, fails to obtain at least ten percent of the votes cast in the constituency in which it nominated and supported a candidate or candidates in the election
next following its registration shall, after notice and hearing be deemed to have forfeited such status as a registered political party in such constituency.
Section 61.
Registration. - Any organized group of persons seeking registration as a national or regional political party
may file with the Commission a verified petition attaching thereto its constitution and by-laws, platform or program ofgovernment and such other relevant information as may be required by the Commission. The Commission shall, after due notice and hearing, resolve the petition within ten days from the date it is submitted for decision. No religious sect shall be registered as a political party and no political party which seeks to achieve its goal through violence shall be entitled to accreditation.
Section 62.
Publication of petition for registration or accreditation. - The Commission shall require publication of the petition for registration or accreditation in at least three newspapers of general circulation and shall, after due notice and hearing, resolve the petition within fifteen days
from the date it is submitted for decision.
ARTICLE IX ELIGIBILITY OF CANDIDATES AND CERTIFICATE OF CANDIDACY
Section 63.
Qualifications for President and Vice-President of the Philippines. - No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of election, and a resident of the Philippines for at least ten years immediately preceding such election.
Section 64.
Qualifications for Members of the Batasang Pambansa. - No person shall be elected Member of the Batasang Pambansa as provincial, city or district representative unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, a registered voter in the constituency in which he shall be elected, and a resident thereof for a period of not less than six months immediately preceding the day of the election.
A sectoral representative shall be a natural-born citizen 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 year immediately preceding the day 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, shall be a registered voter, and on the day of the election is at least twenty-five years of age.
The youth sectoral representative should at least be eighteen and not be more than twenty-five years of age on the day of
the election: Provided, however, That any youth sectoral representative who attains the age of twenty-five years during his term shall be entitled to continue in office until the expiration of his term.
Section 65.
Qualifications of elective local officials. -T he qualifications for elective provincial, city, municipal and barangay officials shall be those provided for in the Local Government Code.
Section 66.
Candidates holding appointive office or positions. - Any person holding a public appointive office or position, including active members of the Armed Forces of the Philippines, and officers and employees in government-owned or controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.
Section 67.
Candidates holding elective office. - Any elective official, whether national or local, running for any office other than the one which he i isholding in a permanent capacity, except for President and Vice-President, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.
Section 68.
Disqualifications. - Any 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 excess of thatallowed by thisCode;
(d) solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; or
(e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6, shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office. Any 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 residencerequirement provided for in the election laws.
Section 69.
Nuisance 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 mockery or disrepute or to caus
e 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 bonafide intention to run for the office for which the certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate.
Section 70.
Guest candidacy. -A political party may nominate and/or support candidates not belonging to it.
Section 72.
Effects of disqualification cases and priority. -The Commission and the courts shall give
priority to cases of disqualification by reason of violation of this Act to the end that a final decision shall be rendered not later than seven days before the election in which the disqualification is sought. Any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted. Nevertheless, if for any reason, a candidate is not declared by final judgment 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 prev
ent his proclamation and assumption to office.
Section 73.
Certificate of candidacy.- No person shall be eligible for any elective public office unless he files a sworn
certificate of candidacy within the period fixed here in. A person who has filed a certificate of candidacy may,
prior to the election, withdraw the same by submitting to the office concerned a written declaration under oath.
No person shall be eligible for more than one office to be filled in the same election, and if he files his certificate of
candidacy for more than one office, he shall not be eligible for any of them.
However, before the expiration of the period for the filing of certificates of candidacy, the person who was filed more than
one certificate of candidacy may declare under oath the office for which he desires to be eligible and cancel the certificate
of candidacy for the other office or offices. The filing or withdrawal of a certificate of candidacy shall not affect whatever civil, criminal or administrative liabilities which a candidate may have incurred.
Section 74.
Contents of certificate of candidacy. - The certificate of candidacy shall state that the person filing it is announcing his candidacy for the office stated there in and that he is eligible for said office; if for
Member of the Batasang
Pambansa, the province, including its component cit
ies, highly urbanized city or district or sector wh
ich he seeks to
represent; the political party to which he belongs;
civil status; his date of birth; residence; his po
st office address for all
election purposes; his profession or occupation; th
at he will support and defend the Constitution of t
he Philippines and will
maintain true faith and allegiance thereto; that he
will obey the laws, legal orders, and decrees prom
ulgated by the duly
constituted authorities; that he is not a permanent
resident or immigrant to a foreign country; that t
he obligation imposed
by his oath is assumed voluntarily, without mental
reservation or purpose of evasion; and that the fac
ts stated in the
certificate of candidacy are true to the best of hi
s knowledge.
Unless a candidate has officially changed his name
through a court approved proceeding, a certificate
shall use in a
certificate of candidacy the name by which he has b
een baptized, or if has not been baptized in any ch
urch or religion, the
name registered in the office of the local civil re
gistrar or any other name allowed under the provisi
ons of existing law or,
in the case of a Muslim, his Hadji name after perfo
rming the prescribed religious pilgrimage: Provided
, That when there
are two or more candidates for an office with the s
ame name and surname, each candidate, upon being ma
de aware or
such fact, shall state his paternal and maternal su
rname, except the incumbent who may continue to use
the name and
surname stated in his certificate of candidacy when
he was elected. He may also include one nickname o
r stage name by
which he is generally or popularly known in the loc
ality.
The person filing a certificate of candidacy shall
also affix his latest photograph, passport size; a
statement in duplicate
containing his bio-data and program of government n
ot exceeding one hundred words, if he so desires.
Section 75.
Filing and distribution of certificate of candidacy
. -
The certificate of candidacy shall be filed on any
day from
the commencement of the election period but not lat
er than the day before the beginning of the campaig
n period:
Provided, That in cases of postponement or failure
of election under Sections 5 and 6 hereof, no addit
ional certificate of
candidacy shall be accepted except in cases of subs
titution of candidates as provided under Section 77
hereof.
The certificates of candidacy for President and Vic
e-President of the Philippines shall be filed in te
n legible copies with the
Commission which shall order the printing of copies
thereof for distribution to all polling places. Th
e certificates of
candidacy for the other offices shall be filed in d
uplicate with the offices herein below mentioned, t
ogether with a number
of clearly legible copies equal to twice the number
of polling places in the province, city, district,
municipality or barangay,
as the case may be:
(a) For representative in the Batasang Pambansa, wi
th the Commission, the provincial election supervis
or, city
election registrar in case of highly urbanized citi
es, or an officer designated by the Commission havi
ng
jurisdiction over the province, city or representat
ive district who shall send copies thereof to all p
olling places in
the province, city or district;
(b) For provincial offices, with the provincial ele
ction supervisor of the province concerned who shal
l send copies
thereof to all polling places in the province;
(c) For city and municipal offices, with the city o
r municipal election registrar who shall send copie
s thereof to all
polling places in the city or municipality; and
(d) For punong barangay or kagawad ng sangguniang b
arangay, the certificates of candidacy shall be fil
ed in
accordance with the provisions of Section 39 of Art
icle VI of this Code.
The duly authorized receiving officer shall immedia
tely send the original copy of all certificates of
candidacy received by
him to the Commission.
Section 76.
Ministerial duty of receiving and acknowledging rec
eipt. -
The Commission, provincial election supervisor,
election registrar or officer designated by the Com
mission or the board of election inspectors under t
he succeeding
section shall have the ministerial duty to receive
and acknowledge receipt of the certificate of candi
dacy.
Section 77.
Candidates in case of death, disqualification or wi
thdrawal of another. -
If after the last day for the filing of
certificates of candidacy, an official candidate of
a registered or accredited political party dies, w
ithdraws or is disqualified
for any cause, only a person belonging to, and cert
ified by, the same political party may file a certi
ficate of candidacy to
replace the candidate who died, withdrew or was dis
qualified. The substitute candidate nominated by th
e political party
concerned may file his certificate of candidacy for
the office affected in accordance with the precedi
ng sections not later
than mid-day of the day of the election. If the dea
th, withdrawal or disqualification should occur bet
ween the day before
the election and mid-day of election day, said cert
ificate may be filed with any board of election ins
pectors in the political
subdivision where he is a candidate, or, in the cas
e of candidates to be voted for by the entire elect
orate of the country,
with the Commission.
Section 78.
Petition to deny due course to or cancel a certific
ate of candidacy. -
A verified petition seeking to deny due
course or to cancel a certificate of candidacy may
be filed by the person exclusively on the ground th
at any material
representation contained therein as required under
Section 74 hereof is false. The petition may be fil
ed at any time not
later than twenty-five days from the time of the fi
ling of the certificate of candidacy and shall be d
ecided, after due notice
and hearing, not later than fifteen days before the
election.
ARTICLE X
CAMPAIGN AND ELECTION PROPAGANDA
Section 79.
Definitions. -
As used in this Code:
(a) The term "candidate" refers to any person aspir
ing for or seeking an elective public office, who h
as filed a
certificate of candidacy by himself or through an a
ccredited political party, aggroupment, or coalitio
n of parties;
(b) The term "election campaign" or "partisan polit
ical activity" refers to an act designed to promote
the election
or defeat of a particular candidate or candidates t
o a public office which shall include:
(1) Forming organizations, associations, clubs, com
mittees or other groups of persons for the purpose
of
soliciting votes and/or undertaking any campaign fo
r or against a candidate;
(2) Holding political caucuses, conferences, meetin
gs, rallies, parades, or other similar assemblies,
for the
purpose of soliciting votes and/or undertaking any
campaign or propaganda for or against a candidate;
(3) Making speeches, announcements or commentaries,
or holding interviews for or against the election
of any
candidate for public office;
(4) Publishing or distributing campaign literature
or materials designed to support or oppose the elec
tion of any
candidate; or
(5) Directly or indirectly soliciting votes, pledge
s or support for or against a candidate.
The foregoing enumerated acts if performed for the
purpose of enhancing the chances of aspirants for n
omination for
candidacy to a public office by a political party,
aggroupment, or coalition of parties shall not be c
onsidered as election
campaign or partisan election activity.
Public expressions or opinions or discussions of pr
obable issues in a forthcoming election or on attri
butes of or criticisms
against probable candidates proposed to be nominate
d in a forthcoming political party convention shall
not be construed
as part of any election campaign or partisan politi
cal activity contemplated under this Article.
Section 80.
Election campaign or partisan political activity ou
tside campaign period. -
It shall be unlawful for any person,
whether or not a voter or candidate, or for any par
ty, or association of persons, to engage in an elec
tion campaign or
partisan political activity except during the campa
ign period: Provided, That political parties may ho
ld political conventions
or meetings to nominate their official candidates w
ithin thirty days before the commencement of the ca
mpaign period and
forty-five days for Presidential and Vice-President
ial election.
Section 86.
Regulation of election propaganda through mass medi
a. -
(a) The Commission shall promulgate rules and regul
ations regarding the sale of air time for partisan
political
purposes during the campaign period to insure the e
qual time as to duration and quality in available t
o all
candidates for the same office or political parties
at the same rates or given free of charge; that su
ch rates are
reasonable and not higher than those charged other
buyers or users of air time for non-political purpo
ses; that
the provisions of this Code regarding the limitatio
n of expenditures by candidates and political parti
es and
contributions by private persons, entities and inst
itutions are effectively enforced; and to ensure th
at said radio
broadcasting and television stations shall not undu
ly allow the scheduling of any program or permit an
y sponsor
to manifestly favor or oppose any candidate or poli
tical party by unduly or repeatedly referring to or
including said
candidate and/or political party in such program re
specting, however, in all instances the right of sa
id stations to
broadcast accounts of significant or newsworthy eve
nts and views on matters of public interest.
(b) All contracts for advertising in any newspaper,
magazine, periodical or any form of publication pr
omoting or
opposing the candidacy of any person for public off
ice shall, before its implementation, be registered
by said
newspaper, magazine, periodical or publication with
the Commission. In every case, it shall be signed
by the
candidate concerned or by the duly authorized repre
sentative of the political party.
(c) No franchise or permit to operate a radio or te
levision station shall be granted or issued, suspen
ded or
cancelled during the election period.
Any radio or television stations, including that ow
ned or controlled by the Government, shall give fre
e of charge equal time
and prominence to an accredited political party or
its candidates if it gives free of charge air time
to an accredited political
party or its candidates for political purposes.
In all instances, the Commission shall supervise th
e use and employment of press, radio and television
facilities so as to
give candidates equal opportunities under equal cir
cumstances to make known their qualifications and t
heir stand on
public issues within the limits set forth in this C
ode on election spending.
Rules and regulations promulgated by the Commission
under and by authority of this section shall take
effect on the
seventh day after their publication in at least two
daily newspapers of general circulation. Prior to
the effectivity of said
rules and regulations, no political advertisement o
r propaganda for or against any candidate or politi
cal party shall be
published or broadcast through the mass media.
Violation of the rules and regulations of the Commi
ssion issued to implement this section shall be an
election offense
punishable under Section 264 hereof.
Section 87.
Rallies, meetings and other political activities. -
Subject to the requirements of local ordinances on
the
issuance of permits, any political party supporting
official candidates or any candidate individually
or jointly with other
aspirants may hold peaceful political rallies, meet
ings, and other similar activities during the campa
ign period: Provided,
That all applications for permits to hold meetings,
rallies and other similar political activities, re
ceipt of which must be
acknowledged in writing and which application shall
be immediately posted in a conspicuous place in th
e city or municipal
building, shall be acted upon in writing by local a
uthorities concerned within three days after the fi
ling thereof and any
application not acted upon within said period shall
be deemed approved: and Provided, further, That de
nial of any
application for said permit shall be appealable to
the provincial election supervisor or to the Commis
sion whose decision
shall be made within forty-eight hours and which sh
all be final and executory: Provided, finally, That
one only justifiable
ground for denial is a prior written application by
any candidate or political party for the same purp
ose has been approved.
Section 88.
Public rally. -
Any political party or candidate shall notify the
election registrar concerned of any public rally
said political party or candidate intends to organi
ze and hold in the city or municipality, and within
seven working days
thereafter submit to the election registrar a state
ment of expenses incurred in connection therewith.
Section 89.
Transportation, food and drinks. -
It shall be unlawful for any candidate, political
party, organization, or any
person to give or accept, free of charge, directly
or indirectly, transportation, food or drinks or th
ings of value during the
five hours before and after a public meeting, on th
e day preceding the election, and on the day of the
election; or to give
or contribute, directly or indirectly, money or thi
ngs of value for such purpose.
Section 90.
Comelec space. -
The Commission shall procure space in at least one
newspaper of general circulation in
every province or city: Provided, however, That in
the absence of said newspaper, publication shall be
done in any other
magazine or periodical in said province or city, wh
ich shall be known as "Comelec Space" wherein candi
dates can
announce their candidacy. Said space shall be alloc
ated, free of charge, equally and impartially by th
e Commission
among all candidates within the area in which the n
ewspaper is circulated.
Section 91.
Comelec poster area. -
Whenever practicable, the Commission shall also de
signate and provide for a
common poster are in strategic places in each town
wherein candidates can announce and further their c
andidacy
through posters, said space to be likewise allocate
d free of charge, equally and impartially by the Co
mmission among all
the candidates concerned.
Section 92.
Comelec time. -
The Commission shall procure radio and television
time to be known as "Comelec Time"
which shall be allocated equally and impartially am
ong the candidates within the area of coverage of a
ll radio and
television stations. For this purpose, the franchis
e of all radio broadcasting and television station
are hereby amended so
as to provide radio television time, free of charge
, during the period of the campaign.
Section 93.
Comelec information bulletin. -
The Commission shall cause the printing, and super
vise the dissemination of
bulletins to be known as "Comelec Bulletin" which s
hall be of such size as to adequately contain the p
icture, bio-data and
program of government of every candidate. Said bull
etin shall be disseminated to the voters or display
ed in such places
as to give due prominence thereto. Any candidate ma
y reprint at his expense, any "Comelec Bulletin" up
on prior authority
of the Commission: Provided, That the printing of t
he names of the different candidates with their bio
-data must be in
alphabetical order irrespective of party affiliatio
n.
ARTICLE XI
ELECTORAL CONTRIBUTIONS AND EXPENDITURES
Section 94.
Definitions. -
As used in this Article:
(a) The term "contribution" includes a gift, donati
on, subscription, loan, advance or deposit of money
or anything
of value, or a contract, promise or agreement to co
ntribute, whether or not legally enforceable, made
for the
purpose of influencing the results of the elections
but shall not include services rendered without co
mpensation
by individuals volunteering a portion or all of the
ir time in behalf of a candidate or political party
. It shall also
include the use of facilities voluntarily donated b
y other persons, the money value of which can be as
sessed
based on the rates prevailing in the area.
(b) The term "expenditure" includes the payment or
delivery of money of anything of value, or a contra
ct, promise
or agreement to make an expenditure, for the purpos
e of influencing the results of the election. It sh
all also
include the use of facilities personally owned by t
he candidate, the money value of the use of which c
an be
assessed based on the rates prevailing in the area.
(c) The term "person" includes an individual, partn
ership, committee, association, corporation, and an
y other
organization or group of persons.
Section 95.
Prohibited contributions. -
No contribution for purposes of partisan political
activity shall be made directly or
indirectly by any of the following:
(a) Public or private financial institutions: Provi
ded, however, That nothing herein shall prevent the
making of any
loan to a candidate or political party by any such
public or private financial institutions legally in
the business of
lending money, and that the loan is made in accorda
nce with laws and regulations and in the ordinary c
ourse of
business;
(b) Natural and juridical persons operating a publi
c utility or in possession of or exploiting any nat
ural resources
of the nation;
(c) Natural and juridical persons who hold contract
s or sub-contracts to supply the government or any
of its
divisions, subdivisions or instrumentalities, with
goods or services or to perform construction or oth
er works;
(d) Natural and juridical persons who have been gra
nted franchises, incentives, exemptions, allocation
s or
similar privileges or concessions by the government
or any of its divisions, subdivisions or instrumen
talities,
including government-owned or controlled corporatio
ns;
(e) Natural and juridical persons who, within one y
ear prior to the date of the election, have been gr
anted loans
or other accommodations in excess of P100,000 by th
e government or any of its divisions, subdivisions
or
instrumentalities including government-owned or con
trolled corporations;
(f) Educational institutions which have received gr
ants of public funds amounting to no less than P100
,000.00;
(g) Officials or employees in the Civil Service, or
members of the Armed Forces of the Philippines; an
d
(h) Foreigners and foreign corporations.
It shall be unlawful for any person to solicit or r
eceive any contribution from any of the persons or
entities
enumerated herein.
Section 96.
Soliciting or receiving contributions from foreign
sources. -
It shall be unlawful for any person, including a
political party or public or private entity to soli
cit or receive, directly or indirectly, any aid or
contribution of whatever form or
nature from any foreign national, government or ent
ity for the purposes of influencing the results of
the election.
Section 97.
Prohibited raising of funds. -
It shall be unlawful for any person to hold dances
, lotteries, cockfights, games,
boxing bouts, bingo, beauty contests, entertainment
s, or cinematographic, theatrical or other performa
nces for the
purpose of raising funds for an election campaign o
r for the support of any candidate from the commenc
ement of the
election period up to and including election day; o
r for any person or organization, whether civic or
religious, directly or
indirectly, to solicit and/or accept from any candi
date for public office, or from his campaign manage
r, agent or
representative, or any person acting in their behal
f, any gift, food, transportation, contribution or
donation in cash or in kind
from the commencement of the election period up to
and including election day; Provided, That normal a
nd customary
religious stipends, tithes, or collections on Sunda
ys and/or other designated collection days, are exc
luded from this
prohibition.
Section 98.
True name of contributor required. -
No person shall make any contribution in any name
except his own nor
shall any candidate or treasurer of a political par
ty receive a contribution or enter or record the sa
me in any name other
than that of the person by whom it was actually mad
e.
Section 99.
Report of contributions.
- Every person giving contributions to any candida
te, treasurer of the party, or
authorized representative of such candidate or trea
surer shall, not later than thirty days after the d
ay of the election, file
with the Commission a report under oath stating the
amount of each contribution, the name of the candi
date, agent of the
candidate or political party receiving the contribu
tion, and the date of the contribution.
Section 100.
Limitations upon expenses of candidates. -
No candidate shall spend for his election campaign
an
aggregate amount exceeding one peso and fifty centa
vos for every voter currently registered in the con
stituency where he
filed his candidacy: Provided, That the expenses he
rein referred to shall include those incurred or ca
used to be incurred
by the candidate, whether in cash or in kind, inclu
ding the use, rental or hire of land, water or airc
raft, equipment, facilities,
apparatus and paraphernalia used in the campaign: P
rovided, further, That where the land, water or air
craft, equipment,
facilities, apparatus and paraphernalia used is own
ed by the candidate, his contributor or supporter,
the Commission is
hereby empowered to assess the amount commensurate
with the expenses for the use thereof, based on the
prevailing
rates in the locality and shall be included in the
total expenses incurred by the candidate.
Section 101.
Limitations upon expenses of political parties. -
A duly accredited political party may spend for th
e election
of its candidates in the constituency or constituen
cies where it has official candidates an aggregate
amount not exceeding
the equivalent of one peso and fifty centavos for e
very voter currently registered therein. Expenses i
ncurred by branches,
chapters, or committees of such political party sha
ll be included in the computation of the total expe
nditures of the political
party.
Expenses incurred by other political parties shall
be considered as expenses of their respective indiv
idual candidates and
subject to limitation under Section 100 of this Cod
e.
Section 102.
Lawful expenditures. -
To carry out the objectives of the preceding secti
ons, no candidate or treasurer of a
political party shall, directly or indirectly, make
any expenditure except for the following purposes:
(a) For travelling expenses of the candidates and c
ampaign personnel in the course of the campaign and
for
personal expenses incident thereto;
(b) For compensation of campaigners, clerks, stenog
raphers, messengers, and other persons actually emp
loyed
in the campaign;
(c) For telegraph and telephone tolls, postage, fre
ight and express delivery charges;
(d) For stationery, printing and distribution of pr
inted matters relative to candidacy;
(e) For employment of watchers at the polls;
(f) For rent, maintenance and furnishing of campaig
n headquarters, office or place of meetings;
(g) For political meetings and rallies and the use
of sound systems, lights and decorations during sai
d meetings
and rallies;
(h) For newspaper, radio, television and other publ
ic advertisements;
(i) For employment of counsel, the cost of which sh
all not be taken into account in determining the am
ount of
expenses which a candidate or political party may h
ave incurred under Section 100 and 101 hereof;
(j) For copying and classifying list of voters, inv
estigating and challenging the right to vote of per
sons registered
in the lists the costs of which shall not be taken
into account in determining the amount of expenses
which a
candidate or political party may have incurred unde
r Sections 100 and 101 hereof; or
(k) For printing sample ballots in such color, size
and maximum number as may be authorized by the
Commission and the cost of such printing shall not
be taken into account in determining the amount of
expenses
which a candidate or political party may have incur
red under Sections 100 and 101 hereof.
Section 103.
Persons authorized to incur election expenditures.
-
No person, except the candidate, the treasurer of
a
political party or any person authorized by such ca
ndidate or treasurer, shall make any expenditure in
support of or in
opposition to any candidate or political party. Exp
enditures duly authorized by the candidate or the t
reasurer of the party
shall be considered as expenditures of such candida
te or political party.
The authority to incur expenditures shall be in wri
ting, copy of which shall be furnished the Commissi
on signed by the
candidate or the treasurer of the party and showing
the expenditures so authorized, and shall state th
e full name and
exact address of the person so designated.
Section 104.
Prohibited donations by candidates, treasurers of p
arties or their agents. -
No candidate, his or her spouse
or any relative within the second civil degree of c
onsanguinity or affinity, or his campaign manager,
agent or
representative shall during the campaign period, on
the day before and on the day of the election, dir
ectly or indirectly,
make any donation, contribution or gift in cash or
in kind, or undertake or contribute to the construc
tion or repair of roads,
bridges, school buses, puericulture centers, medica
l clinics and hospitals, churches or chapels cement
pavements, or any
structure for public use or for the use of any reli
gious or civic organization: Provided, That normal
and customary religious
dues or contributions, such as religious stipends,
tithes or collections on Sundays or other designate
d collection days, as
well as periodic payments for legitimate scholarshi
ps established and school contributions habitually
made before the
prohibited period, are excluded from the prohibitio
n.
The same prohibition applies to treasurers, agents
or representatives of any political party.
Section 105.
Accounting by agents of candidate or treasurer. -
Every person receiving contributions or incurring
expenditures by authority of the candidate or treas
urer of the party shall, on demand by the candidate
or treasurer of the
party and in any event within five days after recei
ving such contribution or incurring such expenditur
e, render to the
candidate or the treasurer of the party concerned,
a detailed account thereof with proper vouchers or
official receipts.
Section 106.
Records of contributions and expenditures. -
(a) It shall be the duty of every candidate, treasu
rer of the political party and person acting under
the authority of
such candidate or treasurer to issue a receipt for
every contribution received and to obtain and keep
a receipt
stating the particulars of every expenditure made.
(b) Every candidate and treasurer of the party shal
l keep detailed, full, and accurate records of all
contributions
received and expenditures incurred by him and by th
ose acting under his authority, setting forth there
in all
information required to be reported.
(c) Every candidate and treasurer of the party shal
l be responsible for the preservation of the record
s of
contributions and expenditures, together with all p
ertinent documents, for at least three years after
the holding of
the election to which they pertain and for their pr
oduction for inspection by the Commission or its du
ly authorized
representative, or upon presentation of a subpoena
duces tecum duly issued by the Commission. Failure
of the
candidate or treasurer to preserve such records or
documents shall be deemed prima facie evidence of v
iolation
of the provisions of this Article.
Section 107.
Statement of contributions and expenditures. -
Every candidate and treasurer of the political par
ty shall, not
later than seven days, or earlier than ten days bef
ore the day of the election, file in duplicate with
the office indicated in
the following section, full, true and itemized, sta
tement of all contributions and expenditures in con
nection with the
election.
Within thirty days after the day of the election, s
aid candidate and treasurer shall also file in dupl
icate a supplemental
statement of all contribution and expenditures not
included in the statement filed prior to the day of
the election.
Section 108.
Place for filing statements. -
The statements of contributions and expenditures s
hall be filed as follows:
(a) Those of candidates for President and Vice-Pres
ident, with the Commission.
(b) Those of candidates for Members of the Batasang
Pambansa, with the provincial election supervisor
concerned, except those of candidates in the Nation
al Capital Region which shall be filed with the reg
ional
election director of said region.
(c) Those of candidates for provincial offices, wit
h the provincial election supervisor concerned.
(d) Those of candidates for city, municipal and bar
angay offices, with the election registrar concerne
d.
If the statement is sent by mail, it shall be by re
gistered mail, and the date on which it was registe
red with the post office
may be considered as the filing date thereof if con
firmed on the same date by telegram or radiogram ad
dressed to the
office or official with whom the statement should b
e filed.
The provincial election supervisors and election re
gistrars concerned shall, within fifteen days after
the last day for the
filing of the statements, send to the Commission du
plicate copies of all statements filed with them.
Section 109.
Form and contents of statement. -
The statement shall be in writing, subscribed and
sworn to by the
candidate or by the treasurer of the party, shall b
e complete as of the date next preceding the date o
f filing and shall set
forth in detail (a) the amount of contribution, the
date of receipt, and the full name and exact addre
ss of the person from
whom the contribution was received; (b) the amount
of every expenditure, the date thereof, the full na
me and exact
address of the person to whom payment was made, and
the purpose of the expenditure; (c) any unpaid obl
igation, its
nature and amount, and to whom said obligation is o
wing; and (d) such other particulars which the Comm
ission may
require.
If the candidate or treasurer of the party has rece
ived no contribution, made no expenditure, or has n
o pending obligation,
the statement shall reflect such fact.
Section 110.
Preservation and inspection of statements. -
All statements of contributions and expenditures s
hall be kept
and preserved at the office where they are filed an
d shall constitute part of the public records there
of for three years after
the election to which they pertain. They shall not
be removed therefrom except upon order of the Commi
ssion or of a
competent court and shall, during regular office ho
urs, be subject and open to inspection by the publi
c. The officer in-
charge thereof, shall, on demand, furnish certified
copies of any statement upon payment of the fee pr
escribed under
Section 270 hereof.
It shall be the duty of the Commission to examine a
ll statements of contributions and expenditures of
candidates and
political parties to determine compliance with the
provisions of this Article.
Section 111.
Effect of failure to file statement. -
In addition to other sanctions provided in this Co
de, no person elected to
any public office shall enter upon the duties of hi
s office until he has filed the statement of contri
butions and expenditures
herein required.
The same prohibition shall apply if the political p
arty which nominated the winning candidate fails to
file the statements
required herein within the period prescribed by thi
s Code.
Section 112.
Report of contractor and business firms.
- Every person or firm to whom any electoral expen
diture is made
shall, within thirty days after the day of the elec
tion, file with the Commission a report setting for
th the full names and
exact addresses of the candidates, treasurers of po
litical parties, and other persons incurring such e
xpenditures, the
nature or purpose of each expenditure, the date and
costs thereof, and such other particulars as the C
ommission may
require. The report shall be signed and sworn to by
the supplier or contractor, or in case of a busine
ss firm or association,
by its president or general manager.
It shall be the duty of such person or firm to whom
an electoral expenditure is made to require every
agent of a candidate
or of the treasurer of a political party to present
written authority to incur electoral expenditures
in behalf of such candidate
or treasurer, and to keep and preserve at its place
of business, subject to inspection by the Commissi
on or its authorized
representatives, copies of such written authority,
contracts, vouchers, invoices and other records and
documents relative
to said expenditures for a period of three years af
ter the date of the election to which they pertain.
It shall be unlawful for any supplier, contractor o
r business firm to enter into contract involving el
ection expenditures with
representatives of candidates or political parties
without such written authority.
ARTICLE XII
REGISTRATION OF VOTERS
Section 113.
Permanent List of Voters. -
Any provision of Presidential Decree No. 1896 to th
e contrary notwithstanding,
the list of voters prepared and used in the electio
n of Members of the Batasang Pambansa on May 14, 19
84, with such
additions, cancellations and corrections as may her
eafter be made in accordance with the provisions of
this Code, shall
constitute the permanent list of voters in each cit
y or municipality, as the case may be, until 1996.
For purposes of the next following election, the Co
mmission, through the election registrars, shall as
sign the proper
precincts and polling places to the registered vote
rs in said list. Written notice of any such change
shall be made to the
affected voters within two weeks therefrom.
Section 114.
Renewal of the Permanent List.
- The list of voters prepared in accordance with t
he preceding section shall
be renewed in nineteen hundred and ninety-six and e
very twelve years thereafter.
Section 115.
Necessity of Registration. -
In order that a qualified elector may vote in any
election, plebiscite or
referendum, he must be registered in the permanent
list of voters for the city or municipality in whic
h he resides.
Section 116.
Who may be registered in the list. -
All persons having complied with the requisites he
rein prescribed for the
registration of voters shall be registered in the l
ist, provided they possess all the qualifications a
nd none of the
disqualifications of a voter. Those who failed to r
egister in the election of 1984, for any reason wha
tsoever, may register in
accordance with the provisions of this Code. Any pe
rson who may not have on the date of registration t
he age or period of
residence required may also be registered upon proo
f that on the date of the election, plebiscite or r
eferendum he shall
have such qualifications.
Section 117.
Qualifications of a voter. -
Every citizen of the Philippines, not otherwise di
squalified by law, eighteen years
of age or over, who shall have resided in the Phili
ppines for one year and in the city or municipality
wherein he proposes
to vote for at least six months immediately precedi
ng the election, may be registered as a voter.
Any person who transfers residence to another city,
municipality or country solely by reason of his oc
cupation; profession;
employment in private or public service; educationa
l activities; work in military or naval reservation
s; service in the army,
navy or air force; the constabulary or national pol
ice force; or confinement or detention in governmen
t institutions in
accordance with law, shall be deemed not to have lo
st his original residence.
Section 118.
Disqualifications. -
The following shall be disqualified from voting:
(a) Any person who has been sentenced by final judg
ment to suffer imprisonment for not less than one y
ear,
such disability not having been removed by plenary
pardon or granted amnesty: Provided, however, That
any
person disqualified to vote under this paragraph sh
all automatically reacquire the right to vote upon
expiration of
five years after service of sentence.
(b) Any person who has been adjudged by final judgm
ent by competent court or tribunal of having commit
ted any
crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation o
f the anti-
subversion and firearms laws, or any crime against
national security, unless restored to his full civi
l and political
rights in accordance with law: Provided, That he sh
all regain his right to vote automatically upon exp
iration of five
years after service of sentence.
(c) Insane or incompetent persons as declared by co
mpetent authority.
Section 119.
Preparation of the permanent list of voters. -
For the preparation of the permanent list of voter
s in nineteen
hundred and ninety-six and every twelve years there
after, the board of election inspectors referred to
in Article XIV hereof
of each election precinct shall hold four meetings
on the seventh Saturday, seventh Sunday, sixth Satu
rday and sixth
Sunday preceding the date of the regular election t
o be held. At these meetings the board shall prepar
e eight copies of
the list of voters of the precinct wherein it shall
register the electors applying for registration.
Section 120.
Preparation of the list before other regular electi
ons. -
For the preparation of the list before other regul
ar
elections, the board of election inspectors of each
election precinct shall meet in the polling place
on the seventh and sixth
Saturdays before the day of the election. At these
meetings, the board shall prepare and certify eight
copies of the list of
voters of the corresponding precinct transferring t
hereto the names of the voters appearing in the lis
t used in the
preceding election and including therein such new q
ualified voters as may apply for registration, as p
rovided in Section
126 hereof.
Section 121.
Preparation of the list before any special election
, plebiscite or referendum. -
For the preparation of the list
of voters before a special election, plebiscite or
referendum, the board of elections inspectors of ea
ch election precinct
shall hold a meeting in the polling place on the se
cond Saturday following the day of the proclamation
calling such
election. At this meeting the board shall transfer
the names of the voters appearing in the list used
in the preceding
election and enter those of the newly registered vo
ters.
Section 122.
Transfer of names of voters from the permanent list
to the current one. -
The transfer of the names of the
voters of the precinct already registered in the li
st used in the preceding election to the list to be
made as provided for in
the two preceding sections is a ministerial duty of
the board, and any omission or error in copying sh
all be corrected motu
proprio, or upon petition of the interested party,
without delay and in no case beyond three days from
the time such error
is noticed; and if the board should refuse, the int
erested party may apply for such correction to the
proper municipal or
metropolitan trial court which shall decide the cas
e without delay and in no case beyond three days fr
om the date the
petition is filed. The decision of the proper munic
ipal or metropolitan trial court shall be final and
unappealable in whatever
form or manner.
To facilitate the transfer of names of voters, the
election registrar shall deliver the book of voters
to the board of election
inspectors on the day before the registration of vo
ters, to be returned after the last day of registra
tion.
Section 123.
Cancellation and exclusion in the transfer of names
. -
In transferring the names of the voters of the pre
cinct
from the list used in the preceding election to the
current list, the board shall exclude those who ha
ve applied for the
cancellation of their registration, those who have
died, those who did not vote in the immediately pre
ceding two
successive regular elections, those who have been e
xcluded by court orders issued in accordance with t
he provisions of
this Code, and those who have been disqualified, up
on motion of any member of the board or of any elec
tor or watcher,
upon satisfactory proof to the board and upon summo
ns to the voter in cases of disqualification. The m
otion shall be
decided by the board without delay and in no case b
eyond three days from its filing. Should the board
deny the motion, or
fail to act thereon within the period herein fixed,
the interested party may apply for such exclusion
to the municipal or
metropolitan trial court which shall decide the pet
ition without delay and in no case beyond three day
s from the date the
petition is filed. The decision of the court shall
be final. The poll clerk shall keep a record of the
se exclusions and shall
furnish three copies thereof to the election regist
rar who shall, in turn keep one copy and send the t
wo other copies
thereof to the provincial election supervisor and t
he Commission, to be attached by them to the perman
ent list under their
custody.
Section 124.
Meeting to close the list of voters. -
The board of election inspectors shall also meet o
n the second Saturday
immediately preceding the day of the regular electi
on, or on the second day immediately preceding the
day of the special
election, plebiscite or referendum whether it be Su
nday or a legal holiday, for the purpose of making
such inclusions,
exclusions, and corrections as may be or may have b
een ordered by the courts, stating opposite every n
ame so
corrected, added, or cancelled, the date of the ord
er and the court which issued the same; and for the
consecutive
numbering of the voters of the election precinct.
Should the board fail to include in the list of vot
ers any person ordered by competent court to be so
included, said person
shall, upon presentation of a certified copy of the
order of inclusion and upon proper identification,
be allowed by the
board to vote.
Should the board fail to exclude from the list of v
oters any person ordered by the court to be so excl
uded, the board shall
not permit said person to vote upon presentation to
it by any interested party of a certified copy of
the order of exclusion.
Section 125.
Re-registration. -
A voter who is registered in the permanent list of
voters need not register anew for
subsequent elections unless he transfer residence t
o another city or municipality, or his registration
has been cancelled on
the ground of disqualification and such disqualific
ation has been lifted or removed. Likewise a voter
whose registration
has been cancelled due to failure to vote in the pr
eceding regular election may register anew in the c
ity or municipality
where he is qualified to vote.
Section 126.
Registration of voters. -
On the seventh and sixth Saturdays before a regula
r election or on the second
Saturday following the day of the proclamation call
ing for a new special election, plebiscite or refer
endum, any person
desiring to be registered as a voter shall accompli
sh in triplicate before the board of election inspe
ctors a voter's affidavit
in which shall be stated the following data:
(a) Name, surname, middle name, maternal surname;
(b) Date and place of birth;
(c) Citizenship;
(d) Periods of residence in the Philippines and in
the place of registration;
(e) Exact address with the name of the street and h
ouse number or in case there is none, a brief descr
iption of
the locality and the place;
(f) A statement that the applicant has not been pre
viously registered, otherwise he shall be required
to attach a
sworn application for cancellation of his previous
registration; and
(g) Such other information or data which may be req
uired by the Commission.
The voter's affidavit shall also contain three spec
imens of the applicant's signature and clear and
legible prints of his left and right hand thumbmark
s and shall be sworn to and filed together with fou
r copies of the latest
identification photograph to be supplied by the app
licant.
The oath of the applicant shall include a statement
that he does not have any of the disqualifications
of a voter and that he
has not been previously registered in the precinct
or in any other precinct.
Before the applicant accomplishes his voter's affid
avit, the board of election inspectors shall apprai
se the applicant of the
qualifications and disqualifications prescribed by
law for a voter. It shall also see to it that the a
ccomplished voter's
affidavit contain all the data therein required and
that the applicant's specimen signatures, the prin
ts of his left and right
hand thumbmarks and his photograph are properly aff
ixed in each of the voter's affidavit.
Section 127.
Illiterate or disabled applicants. -
The voter's affidavit of an illiterate or physical
ly disabled person may be
prepared by any relative within the fourth civil de
gree of consanguinity of affinity or by any member
of the board of election
inspectors who shall prepare the affidavit in accor
dance with the data supplied by the applicant.
Section 128.
Voter's 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 ident
ity is challenged on
election day and he cannot present his voter identi
fication card, his identity may be established by t
he specimen
signatures, the photograph or the fingerprints in h
is voter's affidavit in the book of voters. No extr
a or duplicate copy of the
voter identification card shall be prepared and iss
ued except upon authority of the Commission.
Each identification card shall bear the name and th
e address of the voter, his date of birth, sex, civ
il status, occupation,
his photograph, thumbmark, the city or municipality
and number of the polling place where he is regist
ered, his signature,
his voter serial number and the signature of the ch
airman of the board of election inspectors.
Any voter previously registered under the provision
s of Presidential Decree Numbered 1896 who desires
to secure a voter
identification card shall, on any registration day,
provide four copies of his latest identification p
hotograph to the board of
election inspectors which upon receipt thereof shal
l affix one copy thereof to the voter's affidavit i
n the book of voters, one
copy to the voter identification card to be issued
to the voter and transmit through the election regi
strar, one copy each to
the provincial election supervisor and the Commissi
on to be respectively attached to the voter's affid
avit in their respective
custody.
Section 129.
Action by the board of election inspectors. -
Upon receipt of the voter's affidavit, the board o
f election
inspectors shall examine the data therein. If it fi
nds that the applicant possesses all the qualificat
ions and none of the
disqualifications of a voter, he shall be registere
d. Otherwise, he shall not be registered.
The name and address of each registered voter shall
, immediately upon his registration, be entered in
the proper
alphabetical group in the list after which the vote
r identification card shall be issued to the voter.
Section 130.
Provincial central file of registered voters. -
There shall be a provincial central file of registe
red voters
containing the duplicate copies of all approved vot
er's affidavits in each city and municipality in th
e province which shall be
under the custody and supervision of the provincial
election supervisor. The applications shall be com
piled alphabetically
by precincts so as to make the file an exact replic
a of the book of voters in the possession of the el
ection registrar.
Should the book of voters in the custody of the ele
ction registrar be lost or destroyed at a time so c
lose to the election day
that there is no time to reconstitute the same, the
corresponding book of voters in the provincial fil
e shall be used during
the voting.
Section 131.
National central file of registered voters. -
There shall also be a national central file or reg
istered voters
consisting of the triplicate copies of all approved
voters' affidavits in all cities and municipalitie
s which shall be prepared
and kept in the central office of the Commission. T
he applications in the national central file shall
be compiled
alphabetically according to the surnames of the reg
istered voters regardless of the place of registrat
ion.
Section 132.
Preservation of voter's affidavits. -
A copy of the affidavit of each voter shall be kep
t by the board of election
inspectors until after the election when it shall d
eliver the same to the election registrar together
with the copies of the list
of voters and other election papers for use in the
next election. The election registrar shall compile
the voter's affidavits by
precinct alphabetically in a book of voters. The ot
her two copies shall be sent by the board of electi
on inspectors on the
day following the date of the affidavit to the offi
ce of the provincial election supervisor and the Co
mmission in Manila. The
provincial election supervisor and the Commission s
hall respectively file and preserve the voter's aff
idavits by city and
municipality and in alphabetical order of their sur
names. The fourth copy shall be given to the voter
as evidence of his
registration.
Section 133.
Columns in the list of voters. -
The list of voters shall be arranged in columns as
follows: In the first column
there shall be entered, at the time of closing of t
he list before the election, a number opposite the
name of each voter
registered, beginning with number one and continuin
g in consecutive order until the end of the list. I
n the second column,
the surnames of the registered voters shall be writ
ten in alphabetical order followed by their respect
ive first names,
without abbreviations of any kind. In the third col
umn, the respective residences of such persons with
the name of the
street and number, or, in case there be none, a bri
ef description of the locality or place. In the fou
rth column, shall be
entered the periods of residence in the Philippines
and in the city or municipality. In the fifth colu
mn, there shall be entered
on the day of the election the numbers of the ballo
ts which were given successively to each voter. In
the sixth column, the
voter shall stamp on the day of the election the ma
rk of the thumb of his right hand and under said ma
rk his signature.
And in the seventh column, the signature of the cha
irman of the board of election inspectors who has h
anded the ballot to
the voter. It will be sufficient that the fifth, si
xth, and seventh columns shall be filled in the cop
y of the list under the
custody of the board of election inspectors which s
hall see to it that the thumbmark is stamped plainl
y.
Section 134.
Certificate of the board of election inspectors in
the list of voters. -
Upon the adjournment of each meeting
for the registration of voters, the board of electi
on inspectors shall close each alphabetical group o
f surnames of voters by
writing the dates on the next line in blank, which
shall be forthwith signed by each member, and, befo
re adding a new
name on the same page at the next meeting, it shall
write the following: "Added at the _ _ _ meeting"
specifying if it is the
second third or fourth meeting of the board, as the
case may be. If the meeting adjourned is the last
one for the
registration of voters, the board shall, besides cl
osing each alphabetical group of voters as above pr
ovided, add at the end
of the list a certificate (a) of the corrections an
d cancellations made in the permanent list, specify
ing them, or that there
has been none, and (b) of the total number of voter
s registered in the precinct.
Section 135.
Publication of the list. -
At the first hour of the working day following the
last day of registration of voters, the
poll clerk shall deliver to the election registrar
a copy of the list certified to by the board of ele
ction inspectors as provided
in the preceding section; another copy, also certif
ied, shall be sent to the provincial election super
visor of the province,
and another, likewise certified, shall be sent to t
he Commission, in whose offices said copies shall b
e open to public
inspection during regular office hours. On the same
day and hour, the poll clerk shall also post a cop
y of the list in the
polling place in a secure place on the door or near
the same at a height of a meter and a half, where
it may be
conveniently consulted by the interested parties. T
he chairman, poll clerk and the two members of the
board of election
inspectors shall each keep a copy of the list which
may be inspected by the public in their residence
or office during
regular office hours. Immediately after the meeting
for the closing of the list, the poll clerk shall
also send a notice to the
election registrar, provincial election supervisor
and the Commission regarding the changes and the nu
mbering above
referred to, to be attached to the copy of the list
under their custody.
Section 136.
Challenge of right to register. -
Any person applying for registration may be challe
nged before the board of
election inspectors on any registration day be any
member, voter, candidate, or watcher. The board sha
ll then examine
the challenged person and shall receive such other
evidence as it may deem pertinent, after which it s
hall decide whether
the elector shall be included in or excluded from t
he list as may be proper. All challenges shall be h
eard and decided
without delay, and in no case beyond three days fro
m the date the challenge was made.
After the question has been decided, the board of e
lection inspectors shall give to each party a brief
certified statement
setting forth the challenge and the decision thereo
n.
Section 137.
Power of the board of election inspectors to admini
ster oaths and issue summons. -
For the purpose of
determining the right of applicants to be registere
d as voters in the list, the board of election insp
ectors shall have the
same power to administer oaths, to issue subpoena a
nd subpoena duces tecum and to compel witnesses to
appear and
testify, but the latter's fees and expenses
incident to the process shall be paid in advance by
the party in whose behalf the summons is issued.
Section 138.
Jurisdiction in inclusion and exclusion cases. -
The municipal and metropolitan trial courts shall
have original
and exclusive jurisdiction over all matters of incl
usion and exclusion of voters from the list in thei
r respective municipalities
or cities. Decisions of the municipal or metropolit
an trial courts may be appealed directly by the agg
rieved party to the
proper regional trial court within five days from r
eceipt of notice thereof, otherwise said decision o
f the municipal or
metropolitan trial court shall become final and exe
cutory after said period. The regional trial court
shall decide the appeal
within ten days from the time the appeal was receiv
ed and its decision shall be immediately final and
executory. No
motion for reconsideration shall be entertained by
the courts.
Section 139.
Petition for inclusion of voters in the list. -
Any person whose application for registration has
been
disapproved by the board of election inspectors or
whose name has been stricken out from the list may
apply, within
twenty days after the last registration day, to the
proper municipal or metropolitan trial court, for
an order directing the
board of election inspectors to include or reinstat
e his name in the list, together with the certifica
te of the board of election
inspectors regarding his case and proof of service
of notice of his petition upon a member of the boar
d of election
inspectors with indication of the time, place, and
court before which the petition is to be heard.
Section 140.
Voters excluded through inadvertence or registered
with an erroneous or misspelled name. -
Any voter
registered in the permanent list who has not been i
ncluded in the list prepared for the election or wh
o has been included
therein with a wrong or misspelled name shall have
the right to file an application on any date with t
he proper municipal or
metropolitan trial court, for an order directing th
at his name be reinstated in the list or that he be
registered with his correct
name. He shall attach to such application a certifi
ed copy of the entry of his name in the list of the
preceding election,
together with proof that he has applied without suc
cess to the board of election inspectors and that h
e has served notice
thereof upon a member of the board.
Section 141.
Change of name of registered voter. -
Any previously registered voter whose name has bee
n changed by
reason of marriage or by virtue of a court order ma
y request the board of election inspectors during a
ny of its meetings
held under this Article that his registration in th
e list be recorded under his or her new name.
Section 142.
Petition for exclusion of voters from the list. -
Any registered voter in a city or municipality may
apply at any
time except during the period beginning with the tw
enty-first day after the last registration day of a
ny election up to and
including election day with the proper municipal or
metropolitan trial court, for the exclusion of a v
oter from the list, giving
the name and residence of the latter, the precinct
in which he is registered, and the grounds for the
challenge. The petition
shall be sworn to and accompanied by proof of notic
e to the board of election inspectors concerned, if
the same is duly
constituted, and to the challenged voters.
Section 143.
Common rules governing judicial proceedings in the
matter of inclusion, exclusion, and correction of n
ames
of voters. -
(a) Outside of regular office hours no petition for
inclusion, exclusion, or correction of names of vo
ters shall be
received.
(b) Notices to the members of the board of election
inspectors and to challenged voters shall state th
e place, day
and hour in which such petition shall be heard, and
such notice may be made by sending a copy thereof
by
registered mail or by personal delivery or by leavi
ng it in the possession of a person of sufficient d
iscretion in the
residence of the said person or, in the event that
the foregoing procedure is not practicable, by post
ing a copy in
a conspicuous place in the city hall or municipal b
uilding and in two other conspicuous places within
the city or
municipality, at least ten days prior to the day se
t for the hearing.
In the interest of justice and to afford the challe
nged voter every opportunity to contest the petitio
n for exclusion,
the court concerned may, when the challenged voter
fails to appear in the first day set for the hearin
g, order that
notice be effected in such manner and within such p
eriod of time as it may decide, which time shall in
no case be
more than ten days from the day the respondent is f
irst found in default.
(c) Each petition shall refer to only one precinct.
(d) No costs shall be assessed in these proceedings
. However, if the court should be satisfied that th
e
application has been filed for the sole purpose of
molesting the adverse party and causing him to incu
r
expenses, it may condemn the culpable party to pay
the costs and incidental expenses.
(e) Any candidate who may be affected by the procee
dings may intervene and present his evidence.
(f) The decision shall be based on the evidence pre
sented. If the question is whether or not the voter
is real or
fictitious, his non-appearance on the day set for h
earing shall be prima facie evidence that the regis
tered voter is
fictitious. In no case shall a decision be rendered
upon a stipulation of facts.
(g) These applications shall be heard and decided w
ithout delay. The decision shall be rendered within
six hours
after the hearing and within ten days from the date
of its filing in court. Cases appealed to the regi
onal trial court
shall be decided within ten days from receipt of th
e appeal in the office of the clerk of court. In an
y case, the
court shall decide these petitions not later than t
he day before the election and the decision rendere
d thereon
shall be immediately final and executory, notwithst
anding the provisions of Section 138 on the finalit
y of
decisions.
Section 144.
Canvass to check registration. -
The election registrar shall, once every two years
or more often should the
Commission deem it necessary in order to preserve t
he integrity of the permanent lists of voters, cond
uct verification by
mail or house-to-house canvass, or both, of the reg
istered voters of any barangay for purposes of excl
usion proceedings.
Section 145.
Annulment of permanent lists of voters. -
Any book of voters not prepared in accordance with
the provisions
of this Code or the preparation of which has been e
ffected with fraud, bribery, forgery, impersonation
, intimidation, force,
or any other similar irregularity or which list is
statistically improbable may, upon verified petitio
n of any voter or election
registrar, or duly registered political party, and
after notice and hearing, be annulled by the Commis
sion: Provided, That
no order, ruling or decision annulling a book of vo
ters shall be executed within sixty days before an
election.
Section 146.
Reconstitution of lost or destroyed registration re
cords. -
The Commission shall reconstitute all registration
records which have been lost or destroyed. For this
purpose, it shall be the duty of the election regi
strar to immediately
report to the Commission any case of loss or destru
ction of approved applications for registration in
their custody. Such
reconstitution shall be made with the use of the co
rresponding copies in the national or provincial ce
ntral files of registered
voters: Provided, That if this is not feasible, the
registered voter concerned may be summoned by the
election registrar to
effect such reconstitution by accomplishing a new a
pplication. Reconstituted forms shall be clearly ma
rked with the word
"reconstituted".
The reconstitution of any lost or destroyed applica
tion for registration shall not affect the criminal
liability of any person or
persons who may be responsible for such loss or des
truction.
Section 147.
Examination of registration records. -
All registration records in the possession of the c
ity or municipal
election registrar, the provincial election supervi
sor, and the Commission shall, during regular offic
e hours, be open to
examination by the public with legitimate inquiries
for purposes of election.
Law enforcement agencies shall, upon prior authoriz
ation by the Commission, have access to said regist
ration records
should the same be necessary to, or in aid of, thei
r investigative functions and duties, subject to re
gulations promulgated
by the Commission.
Section 148.
List of voters. -
Fifteen days before the date of the regular electi
on or special election, referendum or
plebiscite, the board of election inspectors must p
ost the final list of voters in each precinct with
each and every page
thereof duly signed or subscribed and sworn to by t
he members of the board of election inspectors and
that failure to
comply with this provision will constitute an elect
ion offense.
Any candidate or authorized representative of an ac
credited political party, upon formal request made
to an election
registrar, shall be entitled to a certified copy of
the most recent list of voters in any precinct, mu
nicipality, city or province,
upon payment of a reasonable fee as may be prescrib
ed by the Commission.
ARTICLE XIII
PRECINCTS AND POLLING PLACES
Section 149.
Precincts 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 Act shall
have at least one such precinct.
The Commission shall establish all election precinc
ts.
The precincts actually established in the preceding
regular election shall be maintained, but the Comm
ission may
introduce such adjustments, changes or new division
s or abolish them, if necessary: Provided, however,
That the territory
comprising an election precinct shall not be altere
d or a new precinct established within forty-five d
ays before a regular
election and thirty days before a special election
or a referendum or plebiscite.
Section 150.
Arrangements of election precincts. -
(a) Each election precinct shall have, as far as po
ssible not more than three hundred voters and shall
comprise,
as far as practicable, contiguous and compact terri
tory.
(b) When it appears that an election precinct conta
ins more than three hundred voters, the Commission
shall, in
the interest of orderly election, and in order to f
acilitate the casting of votes, be authorized to di
vide a precinct not
later than one week after the last day of registrat
ion of voters. But the polling place of all the pre
cincts created
thereby shall be located in the same building or co
mpound where the polling place of the original prec
inct is
located, and if this be not feasible, in a place as
close as possible to the polling place of the orig
inal precinct:
Provided, however, That the polling place of the ne
w precinct may be located elsewhere upon written pe
tition of
the majority of the voters of the new precinct: Pro
vided, further, That when a precinct is divided int
o two or more
precincts, the registered voters shall be included
in the precinct wherein they reside. Every case of
alteration of a
precinct shall be duly published by posting a notic
e of any change in conspicuous location in the prec
inct, and in
the municipal building or city hall, as the case ma
y be.
(c) A municipality which has been merged with anoth
er municipality shall constitute at least one elect
ion precinct,
if the distance between the remotest barangay of th
e merged municipality and the nearest polling place
in the
municipality to which it has been merged shall, by
the shortest road, exceed five kilometers.
(d) An island or group of islands having one hundre
d and fifty or more voters shall constitute a preci
nct.
(e) Any alteration of the election precincts or the
establishment of new ones shall be communicated to
the
provincial election supervisor, the provincial supe
rintendent of schools, etc. together with the corre
sponding
maps, which shall be published as prescribed in the
next succeeding sections.
Section 151.
Publication of maps or precincts. -
At least five days before the first registration d
ay preceding a regular
election or special election or a referendum or a p
lebiscite, the Commission shall, through its duly a
uthorized
representative, post in the city hall or municipal
building and in three other conspicuous places in t
he city or municipality
and on the door of each polling place, a map of the
city or municipality showing its division into pre
cincts with their
respective boundaries and indicating therein all st
reets and alleys in populous areas and the location
of each polling
place.
These maps shall be kept posted until after the ele
ction, referendum or plebiscite.
Section 152.
Polling place. -
A polling place is the building or place where the
board of election inspectors conducts its
proceedings and where the voters shall cast their v
otes.
Section 153.
Designation of polling places. -
The location of polling places designated in the p
receding regular election
shall continue with such changes as the Commission
may find necessary, after notice to registered poli
tical parties and
candidates in the political unit affected, if any,
and hearing: Provided, That no location shall be ch
anged within forty-five
days before a regular election and thirty days befo
re a special election or a referendum or plebiscite
, except in case it is
destroyed or it cannot be used.
Section 154.
Requirements for polling places. -
Each polling place shall be, as far as practicable
, a ground floor and shall
be of sufficient size to admit and comfortably acco
mmodate forty voters at one time outside the guard
rail for the board of
election inspectors. The polling place shall be loc
ated within the territory of the precinct as centra
lly as possible with
respect to the residence of the voters therein and
whenever possible, such location shall be along a p
ublic road. No
designation of polling places shall be changed exce
pt upon written petition of the majority of the vot
ers of the precinct or
agreement of all the political parties or by resolu
tion of the Commission upon prior notice and hearin
g.
A public building having the requirements prescribe
d in the preceding paragraph shall be preferred as
polling place.
Section 155.
Building that shall not be used as polling places.
-
No polling place shall be located in a public or p
rivate
building owned, leased, or occupied by any candidat
e or of any person who is related to any candidate
within the fourth
civil degree of consanguinity or affinity, or any o
fficer of the government or leader of any political
party, group or faction,
nor in any building or surrounding premises under t
he actual control of a private entity, political pa
rty or religious
organization. In places where no suitable public bu
ilding is available, private school buildings may b
e used as polling
places. No polling place shall be located within th
e perimeter of or inside a military or police camp
or reservation or within
a prison compound.
Any registered voter, candidate or political party
may petition the Commission not later than thirty d
ays before the first
registration day for the transfer of the polling pl
ace from the prohibited buildings provided herein.
Such petition shall be
heard and decided by the Commission within twenty d
ays from the filing of the petition. Failure to eff
ect the transfer of the
polling place after the Commission found it to be l
ocated in violation of this section within the peri
od prescribed herein
shall be a ground for the postponement of the elect
ion in the polling place concerned.
Section 156.
Signs and flags of polling places. -
On the day of the voting as well as on any day tha
t the board of election
inspectors might meet, every polling place shall ha
ve in front a sign showing the number of the precin
ct to which it
belongs and the Philippine flag shall be hoisted at
the proper height.
Section 157.
Arrangement and contents of polling places. -
Each polling place shall conform as much as possib
le to the
sketch on the following page.
Section 158.
Voting booth. -
During the voting, there shall be in each polling
place a booth for every twenty voters
registered in the precinct. Each booth shall be ope
n on the side fronting the table for the board of e
lection inspectors and
its three sides shall be closed with walls at least
seventy centimeters wide and two meters high. The
upper part shall be
covered, if necessary, to preserve the secrecy of t
he ballot. Each booth shall have in the background
a shelf so placed
that voters can write therein while standing and sh
all be kept clearly lighted, by artificial lights,
if necessary, during the
voting.
The Commission shall post inside each voting booth
and elsewhere in the polling place on the day befor
e the election,
referendum and plebiscite a list containing the nam
es of all the candidates or the issues or questions
to be voted for, and
shall at all times during the voting period keep su
ch list posted in said places.
Section 159.
Guard rails. -
(a) In every polling place there shall be a guard r
ail between the voting booths and the table for the
board of
election inspectors which shall have separate entra
nce and exit. The booths shall be so arranged that
they can
be accessible only by passing through the guard rai
l and by entering through its open side facing the
table of the
board of election inspectors.
(b) There shall also be a guard rail for the watche
rs between the place reserved for them and the tabl
e for the
board of election inspectors and at a distance of n
ot more than fifty centimeters from the latter so t
hat the
watchers may see and read clearly during the counti
ng of the contents of the ballots and see and count
the votes
recorded by the board of election inspectors member
on the corresponding tally sheets.
(c) There shall also be, if possible, guard rails s
eparating the table of the board of election inspec
tors from the
voters waiting for their turn to cast their votes,
with entrance and exit to give them orderly access
to the table and
the booths during the voting.
(d) The polling place shall be so arranged that the
booths, the table, the ballot boxes and the whole
polling place,
except what is being written within the booths, sha
ll be in plain view of the board of election inspec
tors, the
watchers and other persons who may be within the po
lling place.
Section 160.
Ballot boxes. -
(a) There shall be in each polling place on the day
of the voting a ballot box one side of which shall
be
transparent which shall be set in a manner visible
to the voting public containing two compartments, n
amely, the
compartment for valid ballots which is indicated by
an interior cover painted white and the compartmen
t for
spoiled ballots which is indicated by an interior c
over painted red. The boxes shall be uniform throug
hout the
Philippines and shall be solidly constructed and sh
all be closed with three different locks as well as
three
numbered security locks and such other safety devic
es as the Commission may prescribe in such a way th
at
they can not be opened except by means of three dis
tinct keys and by destroying such safety devices.
(b) In case of the destruction or disappearance of
any ballot box on election day, the board of electi
on inspectors
shall immediately report it to the city or municipa
l treasurer who shall furnish another box or recept
acle as equally
adequate as possible. The election registrar shall
report the incident and the delivery of a new ballo
t box by the
fastest means of communication on the same day to t
he Commission and to the provincial election superv
isor.
Section 161.
Tally boards. -
At the beginning of the counting, there shall be p
laced within the plain view of the board of
election inspectors, watchers and the public, a tal
ly board where the names of all the registered cand
idates or the issues
or questions to be voted upon shall be written, and
the poll clerk shall record thereon the votes rece
ived by each of them
as the chairman of the board of election inspectors
reads the ballot.
Section 162.
Furnishing of ballot boxes, forms, stationeries and
materials for election. -
The Commission shall prepare
and furnish the ballot boxes, forms, stationeries a
nd materials necessary for the registration of vote
rs and the holding of
the election.
The provincial, city and municipal treasurer shall
have custody of such election paraphernalia, suppli
es and materials as
are entrusted to him under the law or rules of the
Commission and shall be responsible for their prese
rvation and storage,
and for any loss, destruction, impairment or damage
of any election equipment, material or document in
their possession
furnished under this Code.
Section 163.
Inspection of polling places. -
Before the day of the election, referendum or pleb
iscite, the Chairman of the
Commission shall, through its authorized representa
tives, see to it that all polling places are inspec
ted and such
omissions and defects as may be found corrected. Th
e Commission shall keep the reports on these inspec
tions.
ARTICLE XIV
BOARD OF ELECTION INSPECTORS
Section 164.
Composition and appointment of board of election in
spectors. -
At least thirty days before the date when the
voters list is to be prepare in accordance with thi
s Code, in the case of a regular election or fiftee
n days before a special
election, the Commission shall, directly or through
its duly authorized representatives, constitute a
board of election
inspectors for each precinct to be composed of a ch
airman and a poll clerk who must be public school t
eachers, priority to
be given to civil service eligibles, and two member
s, each representing the two accredited political p
arties. The
appointment shall state the precinct to which they
are assigned and the date of the appointment.
Section 165.
Oath of the members of the board of election inspec
tors. -
The members of the board of election inspectors,
whether permanent, substitute or temporary, shall b
efore assuming their office, take and sign an oath
upon forms
prepared by the Commission, before an officer autho
rized to administer oaths or, in his absence, befor
e any other
member of the board of election inspectors present,
or in case no one is present, they shall take it b
efore any voter. The
oaths shall be sent immediately to the city or muni
cipal treasurer.
Section 166.
Qualification of members of the board of election i
nspectors. -
No person shall be appointed chairman,
member or substitute member of the board of electio
n inspectors unless he is of good moral character a
nd irreproachable
reputation, a registered voter of the city or munic
ipality, has never been convicted of any election o
ffense or of any other
crime punishable by more than six months of impriso
nment, or if he has pending against him an informat
ion for any
election offense. He must be able to speak and writ
e English or the local dialect.
Section 167.
Disqualification. -
No person shall serve as chairman or member of the
board of election inspectors if he is
related within the fourth civil degree of consangui
nity or affinity to any member of the board of elec
tion inspectors or to any
candidate to be voted for in the polling place or h
is spouse.
Section 168.
Powers of the board of election inspectors. -
The board of election inspectors shall have the fo
llowing
powers and functions:
a. Conduct the voting and counting of votes in thei
r respective polling places;
b. Act as deputies of the Commission in the supervi
sion and control of the election in the polling pla
ces wherein
they are assigned, to assure the holding of the sam
e in a free, orderly and honest manner; and
c. Perform such other functions prescribed by this
Code or by the rules and regulations promulgated by
the
Commission.
Section 169.
Voting privilege of members of board of election in
spectors. -
Members of the board of election inspectors
and their substitutes may vote in the polling place
where they are assigned on election day: Provided,
That they are
registered voters within the province, city or muni
cipality where they are assigned: and Provided, fin
ally, That their voting
in the polling places where they are not registered
voters be noted in the minutes of the board of ele
ction inspectors.
Section 170.
Relief and substitution of members of the board of
election inspectors. -
Public school teachers who are
members of the board of election inspectors shall n
ot be relieved nor disqualified from acting as such
members, except for
cause and after due hearing.
Any member of the board of election inspectors, nom
inated by a political party, as well as his substit
ute may at any time
be relieved from office and substituted with anothe
r having the legal qualifications upon petition of
the authorized
representative of the party upon whose nomination t
he appointment was made, and it shall be unlawful t
o prevent said
person from, or disturb him in, the performance of
the duties of the said office. A record of each cas
e of substitution shall
be made, setting forth therein the hour in which th
e replaced member has ceased in the office and the
status of the work
of the board of election inspectors. Said record sh
all be signed by each member of the board of electi
on inspectors
including the incoming and outgoing officers.
Section 171.
Vacancy in the board of election inspectors. -
Every vacancy in the board of election inspectors
shall be
filled for the remaining period in the manner herei
nbefore prescribed.
Section 172.
Proceedings of the board of election inspectors. -
The meetings of the board of election inspectors s
hall be
public and shall be held only in the polling place
authorized by the Commission.
The board of election inspectors shall have full au
thority to maintain order within the polling place
and its premises, to
keep access thereto open and unobstructed, and to e
nforce obedience to its lawful orders. If any perso
n shall refuse to
obey lawful orders of the board of election inspect
ors, or shall conduct himself in a disorderly manne
r in its presence or
within its hearing and thereby interrupt or disturb
its proceedings, the board of election inspectors
may issue an order in
writing directing any peace officer to take such pe
rson into custody until the adjournment of the meet
ing, but such order
shall not be executed as to prevent any person so t
aken into custody from exercising his right to vote
. Such order shall be
executed by any peace officer to whom it may be del
ivered, but if none be present, by any other person
deputized by the
board of election inspectors in writing.
Section 173.
Prohibition of political activity. -
No member of the board of election inspectors shal
l engage in any partisan
political activity or take part in the election exc
ept to discharge his duties as such and to vote.
Section 174.
Functioning of the board of election inspectors. -
The board of election inspectors shall act through
its
chairman, and shall decide without delay by majorit
y vote all questions which may arise in the perform
ance of its duties.
Section 175.
Temporary vacancies. -
If, at the time of the meeting of the board of ele
ction inspectors, any member is
absent, or the office is still vacant, the members
present shall call upon the substitute or the absen
t members to perform
the duties of the latter; and, in case such substit
ute cannot be found, the members present shall appo
int any non-partisan
registered voter of the polling place to temporaril
y fill said vacancy until the absent member appears
or the vacancy is
filled. In case there are two or more members prese
nt, they shall act jointly: Provided, That if the a
bsent member is one
who has been proposed by an accredited political pa
rty, the representative of said political party or
in his absence the
watchers belonging to said party shall designate a
registered voter of the polling place to temporaril
y fill said vacancy:
Provided, further, That in the event or refusal or
failure of either representative or watchers of sai
d political party to make
the designation, the members of the board of electi
on inspectors present shall choose a non-partisan r
egistered voter of
the polling place to fill the vacancy.
Section 176.
Temporary designation of members of the board of el
ection inspectors by watchers. -
If at the time the board
of election inspectors must meet, all the positions
in the board of election inspectors are vacant, or
if not one of the
appointed members shall appear, the watchers presen
t may designate voters of the polling place to act
in the place of
said members until the absentees shall appear or th
e vacancies are filled.
Section 177.
Arrest of absent members. -
The member or members of the board of election ins
pectors present may order
the arrest of any other member or substitute thereo
f, who in their judgment, has absented himself with
intention of
obstructing the performance of duties of the board
of election inspectors.
ARTICLE XV
WATCHERS
Section 178.
Official watchers of candidates. -
Every registered political party, coalition of pol
itical parties and every
independent candidate shall each be entitled to one
watcher in every polling place.
No person shall be appointed watcher unless he is a
qualified voter of the city or municipality, of go
od reputation and shall
not have been convicted by final judgment of any el
ection offense or of any other crime, must know how
to read and write
Pilipino, English, Spanish or any of the prevailing
local dialects, and not related within the fourth
civil degree of
consanguinity or affinity to the chairman or any me
mber of the board of election inspectors in the pol
ling place where he
seeks appointment as a watcher.
Each candidate, political party or coalition of pol
itical parties shall designate in every province, h
ighly urbanized city or
district in the Metropolitan Manila area, a represe
ntative authorized to appoint watchers, furnishing
the provincial election
supervisor or the city election registrar, as the c
ase may be, the names of such representatives. The
provincial election
supervisors shall furnish the municipal election re
gistrars and election registrars of component citie
s with the list of such
representatives.
In the case of Metropolitan Manila, the designation
of the persons authorized to appoint watchers shal
l be filed with the
Commission, which shall furnish the list of such re
presentatives to the respective city and municipal
election registrars.
Section 179.
Rights and duties of watchers. -
Upon entering the polling place, the watchers shall
present and deliver to
the chairman of the board of election inspectors hi
s appointment, and forthwith, his name shall be rec
orded in the minutes
with a notation under his signature that he is not
disqualified under the second paragraph of Section
178. The
appointments of the watchers shall bear the persona
l signature or the facsimile signature of the candi
date or the duly
authorized representatives of the political party o
r coalition of political parties who appointed him
or of organizations
authorized by the Commission under Section 180. The
watchers shall have the right to stay in the space
reserved for
them inside the polling place. They shall have the
right to witness and inform themselves of the proce
edings of the board
of election inspectors, including its proceedings d
uring the registration of voters, to take notes of
what they may see or The ballot shall also contain the names of all the
offices to be voted for in the election, allowing o
pposite the name of each
office, sufficient space or spaces with horizontal
lines where the voter may write the name or names o
f the individual
candidates voted for by him.
There shall not be anything on the reverse side of
the ballot.
Ballots in cities and municipalities where Arabic i
s of general use shall have each of the titles of o
ffices to be voted printed
in Arabic in addition to and immediately below the
English title.
Notwithstanding the preceding provisions of this se
ction, the Commission is hereby empowered to prescr
ibe a different
form of ballot to facilitate voting by illiterate v
oters and to use or adopt the latest technological
and electronic devices as
authorized under paragraph (i) of Section 52 hereof
.
Section 182.
Emergency ballots. -
No ballots other than the official ballots shall b
e used or counted, except in the event of
failure to receive the official ballots on time, or
where there are no sufficient ballots for all regi
stered voters or where they
are destroyed at such time as shall render it impos
sible to provide other official ballots, in which c
ases the city or
municipal treasurer shall provide other ballots whi
ch shall be as similar to the official ones as circ
umstances will permit
and which shall be uniform within each polling plac
e. The treasurer shall immediately report such acti
on to the
Commission.
The municipal treasurer shall not undertake the pre
paration of the emergency ballots unless the politi
cal parties,
candidates and the organizations collectively autho
rized by the Commission to designate watchers have
been sufficiently
notified to send their representatives and have agr
eed in writing to the preparation and use of emerge
ncy ballots.
Section 183.
Requisition of official ballots and election return
s. -
Official ballots and election returns shall be pri
nted upon
orders of the Commission. Requisition of official b
allots shall be for each city and municipality, at
the rate of one and one-
fifth ballots for every registered voter in the nex
t preceding election; and for election returns, at
one set thereof for every
polling place.
Section 184.
Printing of official ballots and elections returns.
-
The official ballots and election returns shall be
printed by
the Government Printing Office and/or the Central B
ank printing facilities exclusively, under the excl
usive supervision and
control of the Commission which shall determine and
provide the necessary security measures in the pri
nting, storage and
distribution thereof.
Each ballot shall be joined by a perforated line to
a stub numbered consecutively, beginning with numb
er "1" in each city
and municipality. Each ballot shall also have at th
e bottom a detachable coupon bearing the same numbe
r of the stub.
Each pad of ballots shall bear on its cover the nam
e of the city or municipality in which the ballots
are to be used and the
inclusive serial numbers of the ballots contained t
herein.
The official ballots shall be bound in separate pad
s of fifty or one hundred ballots each as may be re
quired.
The election returns shall be prepared in sets of s
ix copies per set and shall be numbered consecutive
ly, beginning with
number "1" in each city and municipality. Each set
of the election returns shall be printed in such a
manner that will ensure
that the entries on the original of the returns are
clearly reproduced on the other copies thereof and
shall bear the name of
the city or municipality in which the returns are t
o be used. For this purposes, the Commission shall
acquire, if necessary,
a special kind of carbon paper or chemically treate
d paper.
Section 185.
Sample official ballots. -
The Commission shall provide the board of election
inspectors with sample official
ballots at the rate of thirty ballots per polling p
lace. The sample official ballots shall be printed
on colored paper, in all
respects like the official ballots but bearing inst
ead the words "Sample Official Ballot", to be shown
to the public and used
in demonstrating how to fill out and fold the offic
ial ballots properly. No name of any actual candida
te shall be written on
the spaces for voting on the sample official ballot
s provided by the Commission, nor shall they be use
d for voting.
Section 186.
Distribution of official ballots and election retur
ns. -
The official ballots and the election returns shal
l be
distributed by the Commission to each city and muni
cipality at the rate of one and one-fifth ballots f
or every voter
registered in each polling place; and for election
returns, at the rate of one set each for every poll
ing place.
The provincial, city or municipal treasurer shall r
espectively keep a record of the quantity and seria
l numbers of official
ballots and election returns furnished the various
provinces, cities, municipalities and polling place
s, as the case may be,
legible copies of which record shall be furnished t
he duly authorized provincial, city or municipal re
presentatives of the
ruling party and the dominant opposition party, and
the Commission immediately after the distribution
is made of such
official ballots and election returns.
The Commission shall prescribe the use of official
delivery receipts to be signed by the election regi
strar and the chairman
of the board of canvassers upon receipt of the elec
tion returns.
No official ballots or election returns shall be de
livered to the board of election inspectors earlier
than the first hour of
election day: Provided, however, That the Commissio
n, after written notice to the registered political
parties and the
candidates, may, for justifiable reasons, authorize
the delivery of said official ballots and election
returns to the board of
election inspectors of any particular polling place
at an earlier date.
Section 187.
Committee on printing, storage, and distribution of
official ballots and election returns. -
The Commission
shall appoint a committee of five members, two of w
hom shall be from among its personnel, the third to
be designated by
the Commission on Audit, and the last two to be des
ignated by the ruling party and the dominant opposi
tion party to act as
its representatives in supervising the printing, st
orage and distribution of official ballots and elec
tion returns.
Upon the request of any candidate, political party
or of civic, religious, professional, business, ser
vice, youth or any similar
organizations collectively designated by the Commis
sion, the latter shall allow any person designated
by any of the former
as watcher to observe the proceedings of the commit
tee on the printing of official ballots and electio
n returns, file
objections, if any, witness the printing and distri
bution of the ballots and the returns and guard the
premises of the printer.
Section 188.
Duties of the committee on printing of official bal
lots and election returns. -
Under such orders or instructions
as the Commission may issue, and in addition to gen
eral supervision and control over the printing and
shipment of official
ballots and election returns, the committee on prin
ting of official ballots and election returns shall
(a) take charge of the
room or rooms where the paper and paraphernalia use
d in the printing of official ballots and election
returns are stored
and where printed official ballots and election ret
urns are packed and prepared for shipment, (b) supe
rvise all aspects
relating to the printing, storage and shipment of o
fficial ballots and election returns and report to
the Commission any
irregularity which they believe may have been commi
tted, and (c) perform such other related functions
as the Commission
may direct.
Section 189.
Representatives of the registered political parties
in the verification and distribution of official b
allots and
election returns. -
The ruling party and the dominant opposition party
or their respective duly authorized representative
s in
the different provinces, cities and municipalities,
shall submit the names of their respective watcher
s who, together with
the representatives of the Commission and the provi
ncial, city and municipal treasurer shall verify th
e contents of the
boxes containing the shipment of official ballots,
election returns and sample official ballots receiv
ed by the said
treasurers. The provincial treasurers shall keep a
record of their receipt and distribution to each mu
nicipal treasurer, while
the city and municipal treasurer shall each keep a
record of their distribution to the board of electi
on inspectors.
ARTICLE XVII
CASTING OF VOTES
Section 190.
Voting hours. -
The casting of votes shall start at seven o'clock
in the morning and shall end at three o'clock
in the afternoon, except when there are voters pres
ent within thirty meters in front of the polling pl
ace who have not yet
cast their votes, in which case the voting shall co
ntinue but only to allow said voters to cast their
votes without interruption.
The poll clerk shall, without delay, prepare a comp
lete list containing the names of said voters conse
cutively numbered,
and the voters so listed shall be called to vote by
announcing each name repeatedly three times in the
order in which they
are listed. Any voter in the list who is not presen
t when his name is called out shall not be permitte
d to vote.
Section 191.
Preliminaries to the voting. -
(a) The board of election inspectors shall meet at
the polling place at six-thirty o'clock in the morn
ing of election
day and shall have the book of voters containing al
l the approved applications of registration of vote
rs pertaining
to the polling place, the certified list of voters,
the certified list of candidates, the ballot box,
the official ballots,
sufficient indelible pencils or ball pens for the u
se of the voters, the forms to be used, and all oth
er materials
which may be necessary.
(b) Immediately thereafter, the chairman of the boa
rd of election inspectors shall open the ballot box
, empty both
of its compartments, exhibit them to all those pres
ent and being empty, lock its interior covers with
three
padlocks.
(c) The chairman shall forthwith show to the public
and the watchers present the package of official b
allots
received from the city, or municipal treasurer duly
wrapped and sealed and the number of pads, the ser
ial
numbers and the type forms of the ballots in each p
ad appearing on the cover, and the book of voters d
uly
sealed. The board of election inspectors shall then
break the seals of the package of official ballots
and the book
of voters. The board of election inspectors shall e
nter in the minutes the fact that the package of ba
llots, and the
book of voters were shown to the public with their
wrapping and corresponding seals intact and/or if t
hey find that
the wrapping and seals are broken, such fact must b
e stated in the minutes as well as the number of pa
ds and
the serial numbers of ballots that they find in the
package.
Ballots with separately printed serial numbers shal
l be deemed spurious and shall not be utilized by t
he board of
election inspectors unless the Commission represent
ative shall order their use in writing, stating the
reasons
therefor.
(d) The chairman and the two party members of the b
oard of election inspectors shall retain in their p
ossession
their respective keys to the padlocks during the vo
ting.
(e) The box shall remain locked until the voting is
finished and the counting begins. However, if it s
hould become
necessary to make room for more ballots, the board
of election inspectors may open the box in the pres
ence of
the whole board of election inspectors and the watc
hers, and the chairman shall press down with his ha
nds the
ballots contained therein without removing any of t
hem, after which the board of election inspectors s
hall close
the box and lock it with three padlocks as hereinbe
fore provided.
Section 192.
Persons allowed in and around the polling place. -
During the voting, no person shall be allowed insi
de the
polling place, except the members of the board of e
lection inspectors, the watchers, the representativ
es of the
Commission, the voters casting their votes, the vot
ers waiting for their turn to get inside the booths
whose number shall
not exceed twice the number of booths and the voter
s waiting for their turn to cast their votes whose
number shall not
exceed twenty at any one time. The watchers shall s
tay only in the space reserved for them, it being i
llegal for them to
enter places reserved for the voters or for the boa
rd of election inspectors or to mingle and talk wit
h the voters within the
polling place.
It shall be unlawful for any officer or member of t
he Armed Forces of the Philippines including the Ph
ilippine Constabulary
or the Integrated National Police or peace officer
or any armed person belonging to any extra-legal po
lice agency, special
forces, reaction forces, strike forces, home defens
e units, barangay tanod, or other similar forces or
para-military forces,
including special forces, security guards, special
policeman, and all other kinds of armed or unarmed
extra-legal police
officers, to enter any polling place, unless it is
his polling place where he will vote but in such ca
se he should immediately
leave the polling place, no policeman or peace offi
cer shall be allowed to enter or stay inside the po
lling place except
when there is an actual disturbance of the peace an
d order therein. However, the board of election ins
pectors upon
majority vote, if it deems necessary, may make a ca
ll in writing, duly entered in the minutes, for the
detail of a policeman
or any peace officer for their protection or for th
e protection of the election documents and parapher
nalia, in which case,
the said policeman or peace officer shall stay outs
ide the polling place within a radius of thirty met
ers near enough to be
easily called by the board of election inspectors a
t any time, but never at the door, and in no case s
hall the said policeman
or peace officer hold any conversation with any vot
er or disturb or prevent or in any manner obstruct
the free access of
the voters to the polling place. It shall likewise
be unlawful for any barangay official to enter and
stay inside any polling
place except to vote or except when serving as a wa
tcher or member of the board of election inspectors
, in which case,
he shall leave the polling place immediately after
voting.
Section 193.
Order of voting. -
The voters shall vote in the order of their entran
ce into the polling place. The voters shall
have the right to freely enter the polling place as
soon as they arrive unless there are voters waitin
g inside, in which case
they shall fall in line in the order of their arriv
al and shall not crowd around the table of the boar
d of election inspectors.
The voters after having cast their votes shall imme
diately depart.
Section 194.
Manner of obtaining ballots. -
The voter shall approach the chairman and shall gi
ve his name and address
together with other data concerning his person. In
case any member of the board of election inspectors
doubts the identity
of the voter, the board of election inspectors shal
l check his voter's identification card or, if he d
oes not have any, the
board of election inspectors shall refer to his pho
tograph and signature in the voter's application fo
r registration. If the
board of election inspectors is satisfied with his
identity, the chairman shall distinctly announce th
e voter's name in a tone
loud enough to be plainly heard throughout the poll
ing place. If such voter has not been challenged, o
r if having been
challenged, the question has been decided in his fa
vor, the voter shall forthwith affix his signature
in the proper space in
the voting record, and the chairman shall, after fi
rst entering the number of the ballot in the corres
ponding space of the
voting record, deliver to the voter one ballot corr
ectly folded. No person other than the chairman sha
ll deliver official
ballots nor shall more than one ballot be delivered
at one time.
Section 195.
Manner of preparing the ballot. -
The voter, upon receiving his folded ballot, shall
forthwith proceed to one of
the empty voting booths and shall there fill his ba
llot by writing in the proper space for each office
the name of the
individual candidate for whom he desires to vote.
No voter shall be allowed to enter a booth occupied
by another, nor enter the same accompanied by some
body, except as
provided for in the succeeding section hereof, nor
stay therein for a longer time than necessary, nor
speak with anyone
other than as herein provided while inside the poll
ing place. It shall be unlawful to prepare the ball
ot outside the voting
booth, or to exhibit its contents to any person, or
to erase any printing from the ballot, or to inten
tionally tear or deface the
same or put thereon any distinguishing mark. It sha
ll likewise be unlawful to use carbon paper, paraff
in paper, or other
means for making a copy of the contents of the ball
ot or make use of any other means to identify the v
ote of the voter.
Section 196.
Preparation of ballots for illiterate and disabled
persons. -
A voter who is illiterate or physically unable to
prepare the ballot by himself may be assisted in th
e preparation of his ballot by a relative, by affin
ity or consanguinity
within the fourth civil degree or if he has none, b
y any person of his confidence who belong to the sa
me household or any
member of the board of election inspectors, except
the two party members: Provided, That no voter shal
l be allowed to
vote as illiterate or physically disabled unless it
is so indicated in his registration record: Provid
ed, further, That in no case
shall an assistor assist more than three times exce
pt the non-party members of the board of election i
nspectors. The
person thus chosen shall prepare the ballot for the
illiterate or disabled voter inside the voting boo
th. The person assisting
shall bind himself in a formal document under oath
to fill out the ballot strictly in accordance with
the instructions of the
voter and not to reveal the contents of the ballot
prepared by him. Violation of this provision shall
constitute an election
offense.
Section 197.
Spoiled ballots. -
If a voter should accidentally spoil or deface a b
allot in such a way that it cannot lawfully be
used, he shall surrender if folded to the chairman
who shall note in the corresponding space in the vo
ting record that said
ballot is spoiled. The voter shall then be entitled
to another ballot which the chairman shall give hi
m after announcing the
serial number of the second ballot and recording sa
id serial number in the corresponding spaces in the
voting record. If
the second ballot is again spoiled or defaced in su
ch a way that it cannot lawfully be used, the same
shall be surrendered
to the chairman and recorded in the same manner as
the first spoiled or defaced ballot. However, no vo
ter shall change
his ballot more than twice.
The spoiled ballot shall, without being unfolded an
d without removing the detachable coupon, be distin
ctly marked with
the word "spoiled" and signed by the board of elect
ion inspectors on the endorsement fold thereof and
immediately placed
in the compartment for spoiled ballots.
Section 198.
Voting. -
(a) After the voter has filled his ballot he shall
fold it in the same manner as when he received it a
nd return it to
the chairman.
(b) In the presence of all the members of the board
of election inspectors, he shall affix his thumbma
rk on the
corresponding space in the coupon, and deliver the
folded ballot to the chairman.
(c) The chairman, in the presence and view of the v
oter and all the members of the board of election i
nspectors,
without unfolding the ballot or seeing its contents
, shall verify its number from the voting record wh
ere it was
previously entered.
(d) The voter shall fortwith affix his thumbmark by
the side of his signature in the space intended fo
r that purpose
in the voting record and the chairman shall apply s
ilver nitrate and commassie blue on the right foref
inger nail or
on any other available finger nail, if there be no
forefinger nail.
(e) The chairman shall sign in the proper space bes
ide the thumbmark of the voter.
(f) The chairman, after finding everything to be in
order, shall then detach the coupon in the presenc
e of the
board of election inspectors and of the voter and s
hall deposit the folded ballot in the compartment f
or valid
ballots, and the detached coupon in the compartment
for spoiled ballots.
(g) The voter shall then depart.
Any ballot returned to the chairman whose detachabl
e coupon has been removed not in the presence of th
e
board of election inspectors and of the voter, or a
ny ballot whose number does not coincide with the n
umber of
the ballot delivered to the voter, as entered in th
e voting record, shall be considered as spoiled and
shall be so
marked and signed by the members of the board of el
ection inspectors.
Section 199.
Challenge of illegal voters. -
(a) Any voter, or watcher may challenge any person
offering to vote for not being registered, for usin
g the name
of another or suffering from existing disqualificat
ion. In such case, the board of election inspectors
shall satisfy
itself as to whether or not the ground for the chal
lenge is true by requiring proof of registration or
the identity of
the voter; and
(b) No voter shall be required to present his voter
's affidavit on election day unless his identity is
challenged. His
failure or inability to produce his voter's affidav
it upon being challenged, shall not preclude him fr
om voting if his
identity be shown from the photograph, fingerprints
, or specimen signatures in his approved applicatio
n in the
book of voters or if he is identified under oath by
a member of the board of election inspectors and s
uch
identification shall be reflected in the minutes of
the board.
Section 200.
Challenge based on certain illegal acts. -
Any voter or watcher may challenge any voter offer
ing to vote on
the ground that the challenged person has received
or expects to receive, has paid, offered or promise
d to pay, has
contributed, offered or promised to contribute mone
y or anything of value as consideration for his vot
e or for the vote of
another; that he has made or received a promise to
influence the giving or withholding of any such vot
e or that he has
made a bet or is interested directly or indirectly
in a bet which depends upon the result of the elect
ion. The challenged
person shall take a prescribed oath before the boar
d of election inspectors that he has not committed
any of the acts
alleged in the challenge. Upon the taking of such o
ath, the challenge shall be dismissed and the chall
enged voter shall be
allowed to vote, but in case of his refusal to take
such oath, the challenge shall be sustained and he
shall not be allowed
to vote.
Section 201.
Admission of challenged vote immaterial in criminal
proceedings. -
The admission of the challenged vote
under the two preceding sections shall not be concl
usive upon any court as to the legality of the regi
stration of the voter
challenged or his vote in a criminal action against
such person for illegal registration or voting.
Section 202.
Record of challenges and oaths. -
The poll clerk shall keep a prescribed record of c
hallenges and oaths
taken in connection therewith and the resolution of
the board of election inspectors in each case and,
upon the termination
of the voting, shall certify that it contains all t
he challenges made. The original of this record sha
ll be attached to the
original copy of the minutes of the voting as provi
ded in the succeeding section.
Section 203.
Minutes of voting and counting of votes. -
The board of election inspectors shall prepare and
sign a
statement in four copies setting forth the followin
g:
1. The time the voting commenced and ended;
2. The serial numbers of the official ballots and e
lection returns, special envelopes and seals receiv
ed;
3. The number of official ballots used and the numb
er left unused;
4. The number of voters who cast their votes;
5. The number of voters challenged during the votin
g;
6. The names of the watchers present;
7. The time the counting of votes commenced and end
ed;
8. The number of official ballots found inside the
compartment for valid ballots;
9. The number of valid ballots, if any, retrieved f
rom the compartment for spoiled ballots;
10. The number of ballots, if any, found folded tog
ether;
11. The number of spoiled ballots withdrawn from th
e compartment for valid ballots;
12. The number of excess ballots;
13. The number of marked ballots;
14. The number of ballots read and counted;
15. The time the election returns were signed and s
ealed in their respective special envelopes;
16. The number and nature of protests made by watch
ers; and
17. Such other matters that the Commission may requ
ire.
Copies of this statement after being duly accomplis
hed shall be sealed in separate envelopes and shall
be distributed as
follows: (a) the original to the city or municipal
election registrar; (b) the second copy to be depos
ited inside the
compartment for valid ballots of the ballot box; an
d (c) the third and fourth copies to the representa
tives of the accredited
political parties.
Section 204.
Disposition of unused ballots at the close of the v
oting hours. -
The chairman of the board of election
inspectors shall prepare a list showing the number
of unused ballots together with the serial numbers.
This list shall be
signed by all the members of the board of election
inspectors, after which all the unused ballots shal
l be torn halfway in
the presence of the members of the board of electio
n inspectors.
Section 205.
Prohibition of premature announcement of voting. -
No member of the board of election inspectors shal
l,
before the termination of the voting, make any anno
uncement as to whether a certain registered voter h
as already voted
or not, as to how many have already voted or how ma
ny so far have failed to vote, or any other fact te
nding to show or
showing the state of the polls, nor shall he make a
ny statement at any time, except as witness before
a court, as to how
any person voted.
ARTICLE XVIII
COUNTING OF VOTES
Section 206.
Counting to be public and without interruption. -
As soon as the voting is finished, the board of el
ection
inspectors shall publicly count in the polling plac
e the votes cast and ascertain the results. The boa
rd of election
inspectors shall not adjourn or postpone or delay t
he count until it has been fully completed, unless
otherwise ordered by
the Commission.
The Commission, in the interest of free, orderly, a
nd honest elections, may order the board of electio
n inspectors to count
the votes and to accomplish the election returns an
d other forms prescribed under this Code in any oth
er place within a
public building in the same municipality or city: P
rovided, That the said public building shall not be
located within the
perimeter of or inside a military or police camp or
reservation nor inside a prison compound.
Section 207.
Excess ballots. -
Before proceeding to count the votes the board of
election inspectors shall count the
ballots in the compartment for valid ballots withou
t unfolding them or exposing their contents, except
so far as to ascertain
that each ballot is single, and compare the number
of ballots in the box with the number of voters who
have voted. If there
are excess ballots, they shall be returned in the b
ox and thoroughly mixed therein, and the poll clerk
, without seeing the
ballots and with his back to the box, shall publicl
y draw out as may ballots as may be equal to the ex
cess and without
unfolding them, place them in an envelope which sha
ll be marked "excess ballots" and which shall be se
aled and signed
by the members of the board of election inspectors.
The envelope shall be placed in the compartment fo
r valid ballots, but
its contents shall not be read in the counting of v
otes. If in the course of the examination ballots a
re found folded together
before they were deposited in the box, they shall b
e placed in the envelope for excess ballots. In cas
e ballots with their
detachable coupons be found in the box, such coupon
s shall be removed and deposited in the compartment
for spoiled
ballots, and the ballots shall be included in the f
ile of valid ballots. If ballots with the words "sp
oiled" be found in the box,
such ballots shall likewise be placed in the compar
tment for spoiled ballots.
Section 208.
Marked ballots. -
The board of election inspectors shall then unfold
the ballots and determine whether there
are any marked ballots, and, if any be found, they
shall be placed in an envelope labelled "marked bal
lots" which shall be
sealed and signed by the members of the board of el
ection inspectors and placed in the compartment for
valid ballots and
shall not be counted. A majority vote of the board
of election inspectors shall be sufficient to deter
mine whether any ballot
is marked or not. Non-official ballots which the bo
ard of election inspectors may find, except those w
hich have been used
as emergency ballots, shall be considered as marked
ballots.
Section 209.
Compartment for spoiled ballots. -
The ballots deposited in the compartment for spoil
ed ballots shall be
presumed to be spoiled ballots, whether or not they
contain such notation; but if the board of electio
n inspectors should
find that during the voting any valid ballot was er
roneously deposited in this compartment, or if any
ballot separated as
excess or marked had been erroneously deposited the
rein, the board of election inspectors shall open s
aid compartment
after the voting and before the counting of votes f
or the sole purpose of drawing out the ballots erro
neously deposited
therein. It shall then prepare and sign a statement
of such fact and lock the box with its three keys
immediately thereafter.
The valid ballots so withdrawn shall be mixed with
the other valid ballots, and the excess or marked b
allots shall be placed
in their proper envelopes which shall for such purp
oses be opened and again labelled, sealed, signed a
nd kept as
hereinafter provided.
Section 210.
Manner of counting votes. -
The counting of votes shall be made in the followi
ng manner: the board of
election inspectors shall unfold the ballots and fo
rm separate piles of one hundred ballots each, whic
h shall be held
together with rubber bands, with cardboard of the s
ize of the ballots to serve as folders. The chairma
n of the board of
election inspectors shall take the ballots of the f
irst pile one by one and read the names of candidat
es voted for and the
offices for which they were voted in the order in w
hich they appear thereon, assuming such a position
as to enable all of
the watchers to read such names. The chairman shall
sign and affix his right hand thumbmark at the bac
k of the ballot
immediately after it is counted. The poll clerk, an
d the third member, respectively, shall record on t
he election returns and
the tally board or sheet each vote as the names vot
ed for each office are read.
Each vote shall be recorded by a vertical line, exc
ept every fifth vote which shall be recorded by a d
iagonal line crossing
the previous four vertical lines. One party member
shall see to it that the chairman reads the vote as
written on the ballot,
and the other shall check the recording of the vote
s on the tally board or sheet and the election retu
rns seeing to it that the
same are correctly accomplished. After finishing th
e first pile of ballots, the board of election insp
ectors shall determine
the total number of votes recorded for each candida
te, the sum being noted on the tally board or sheet
and on the election
returns. In case of discrepancy such recount as may
be necessary shall be made. The ballots shall then
be grouped
together again as before the reading. Thereafter, t
he same procedure shall be followed with the second
pile of ballots and
so on successively. After all the ballots have been
read, the board of election inspectors shall sum u
p the totals recorded
for each candidate, and the aggregate sum shall be
recorded both on the tally board or sheet and on th
e election returns.
It shall then place the counted ballots in an envel
ope provided for the purpose, which shall be closed
signed and
deposited in the compartment for valid ballots. The
tally board or sheet as accomplished and certified
by the board of
election inspectors shall not be changed or destroy
ed but shall be kept in the compartment for valid b
allots.
Section 211.
Rules for the appreciation of ballots. -
In the reading and appreciation of ballots, every
ballot shall be
presumed to be valid unless there is clear and good
reason to justify its rejection. The board of elec
tion inspectors shall
observe the following rules, bearing in mind that t
he object of the election is to obtain the expressi
on of the voter's will:
1. Where only the first name of a candidate or only
his surname is written, the vote for such candidat
e is valid, if
there is no other candidate with the same first nam
e or surname for the same office.
2. Where only the first name of a candidate is writ
ten on the ballot, which when read, has a sound sim
ilar to the
surname of another candidate, the vote shall be cou
nted in favor of the candidate with such surname. I
f there are
two or more candidates with the same full name, fir
st name or surname and one of them is the incumbent
, and
on the ballot is written only such full name, first
name or surname, the vote shall be counted in favo
r of the
incumbent.
3. In case the candidate is a woman who uses her ma
iden or married surname or both and there is anothe
r
candidate with the same surname, a ballot bearing o
nly such surname shall be counted in favor of the c
andidate
who is an incumbent.
4. When two or more words are written on the same l
ine on the ballot, all of which are the surnames of
two or
more candidates, the same shall not be counted for
any of them, unless one is a surname of an incumben
t who
has served for at least one year in which case it s
hall be counted in favor of the latter.
When two or more words are written on different lin
es on the ballot all of which are the surnames of t
wo or more
candidates bearing the same surname for an office f
or which the law authorizes the election of more th
an one
and there are the same number of such surnames writ
ten as there are candidates with that surname, the
vote
shall be counted in favor of all the candidates bea
ring the surname.
5. When on the ballot is written a single word whic
h is the first name of a candidate and which is at
the same
time the surname of his opponent, the vote shall be
counted in favor of the latter.
6. When two words are written on the ballot, one of
which is the first name of the candidate and the o
ther is the
surname of his opponent, the vote shall not be coun
ted for either.
7. A name or surname incorrectly written which, whe
n read, has a sound similar to the name or surname
of a
candidate when correctly written shall be counted i
n his favor;
8. When a name of a candidate appears in a space of
the ballot for an office for which he is a candida
te and in
another space for which he is not a candidate, it s
hall be counted in his favor for the office for whi
ch he is a
candidate and the vote for the office for which he
is not a candidate shall be considered as stray, ex
cept when it
is used as a means to identify the voter, in which
case, the whole ballot shall be void.
If the word or words written on the appropriate bla
nk on the ballot is the identical name or surname o
r full name,
as the case may be, of two or more candidates for t
he same office none of whom is an incumbent, the vo
te shall
be counted in favor of that candidate to whose tick
et belong all the other candidates voted for in the
same ballot
for the same constituency.
9. When in a space in the ballot there appears a na
me of a candidate that is erased and another clearl
y written,
the vote is valid for the latter.
10. The erroneous initial of the first name which a
ccompanies the correct surname of a candidate, the
erroneous
initial of the surname accompanying the correct fir
st name of a candidate, or the erroneous middle ini
tial of the
candidate shall not annul the vote in favor of the
latter.
11. The fact that there exists another person who i
s not a candidate with the first name or surname of
a
candidate shall not prevent the adjudication of the
vote of the latter.
12. Ballots which contain prefixes such as "Sr.", "
Mr.", "Datu", "Don", "Ginoo", "Hon.", "Gob." or suf
fixes like
"Hijo", "Jr.", "Segundo", are valid.
13. The use of the nicknames and appellations of af
fection and friendship, if accompanied by the first
name or
surname of the candidate, does not annul such vote,
except when they were used as a means to identify
the
voter, in which case the whole ballot is invalid: P
rovided, That if the nickname used is unaccompanied
by the
name or surname of a candidate and it is the one by
which he is generally or popularly known in the lo
cality, the
name shall be counted in favor of said candidate, i
f there is no other candidate for the same office w
ith the same
nickname.
14. Any vote containing initials only or which is i
llegible or which does not sufficiently identify th
e candidate for
whom it is intended shall be considered as a stray
vote but shall not invalidate the whole ballot.
15. If on the ballot is correctly written the first
name of a candidate but with a different surname,
or the surname
of the candidate is correctly written but with diff
erent first name, the vote shall not be counted in
favor of any
candidate having such first name and/or surname but
the ballot shall be considered valid for other can
didates.
16. Any ballot written with crayon, lead pencil, or
in ink, wholly or in part, shall be valid.
17. Where there are two or more candidates voted fo
r in an office for which the law authorizes the ele
ction of
only one, the vote shall not be counted in favor of
any of them, but this shall not affect the validit
y of the other
votes therein.
18. If the candidates voted for exceed the number o
f those to be elected, the ballot is valid, but the
votes shall be
counted only in favor of the candidates whose names
were firstly written by the voter within the space
s provided
for said office in the ballot until the authorized
number is covered.
19. Any vote in favor of a person who has not filed
a certificate of candidacy or in favor of a candid
ate for an
office for which he did not present himself shall b
e considered as a stray vote but it shall not inval
idate the whole
ballot.
20. Ballots containing the name of a candidate prin
ted and pasted on a blank space of the ballot or af
fixed
thereto through any mechanical process are totally
null and void.
21. Circles, crosses or lines put on the spaces on
which the voter has not voted shall be considered a
s signs to
indicate his desistance from voting and shall not i
nvalidate the ballot.
22. Unless it should clearly appear that they have
been deliberately put by the voter to serve as iden
tification
marks, commas, dots, lines, or hyphens between the
first name and surname of a candidate, or in other
parts of
the ballot, traces of the letter "T", "J", and othe
r similar ones, the first letters or syllables of n
ames which the voter
does not continue, the use of two or more kinds of
writing and unintentional or accidental flourishes,
strokes, or
strains, shall not invalidate the ballot.
23. Any ballot which clearly appears to have been f
illed by two distinct persons before it was deposit
ed in the
ballot box during the voting is totally null and vo
id.
24. Any vote cast in favor of a candidate who has b
een disqualified by final judgment shall be conside
red as
stray and shall not be counted but it shall not inv
alidate the ballot.
25. Ballots wholly written in Arabic in localities
where it is of general use are valid. To read them,
the board of
election inspectors may employ an interpreter who s
hall take an oath that he shall read the votes corr
ectly.
26. The accidental tearing or perforation of a ball
ot does not annul it.
27. Failure to remove the detachable coupon from a
ballot does not annul such ballot.
28. A vote for the President shall also be a vote f
or the Vice-President running under the same ticket
of a political
party, unless the voter votes for a Vice-President
who does not belong to such party.
Section 212.
Election returns. -
The board of election inspectors shall prepare the
election returns simultaneously with the
counting of the votes in the polling place as presc
ribed in Section 210 hereof. The return shall be pr
epared in sextuplicate.
The recording of votes shall be made as prescribed
in said section. The entry of votes in words and fi
gures for each
candidate shall be closed with the signature and th
e clear imprint of the thumbmark of the right hand
of all the members,
likewise to be affixed in full view of the public,
immediately after the last vote recorded or immedia
tely after the name of
the candidate who did not receive any vote.
The returns shall also show the date of the electio
n, the polling place, the barangay and the city of
municipality in which it
was held, the total number of ballots found in the
compartment for valid ballots, the total number of
valid ballots withdrawn
from the compartment for spoiled ballots because th
ey were erroneously placed therein, the total numbe
r of excess
ballots, the total number of marked or void ballots
, and the total number of votes obtained by each ca
ndidate, writing out
the said number in words and figures and, at the en
d thereof, the board of election inspectors shall c
ertify that the
contents are correct. The returns shall be accompli
shed in a single sheet of paper, but if this is not
possible, additional
sheets may be used which shall be prepared in the s
ame manner as the first sheet and likewise certifie
d by the board of
election inspectors.
The Commission shall take steps so that the entries
on the first copy of the election returns are clea
rly reproduced on the
second, third, fourth, fifth, and sixth copies ther
eof, and for this purpose the Commission shall use
a special kind of paper.
Immediately upon the accomplishment of the election
returns, each copy thereof shall be sealed in the
presence of the
watchers and the public, and placed in the proper e
nvelope, which shall likewise be sealed and distrib
uted as herein
provided.
Any election return with a separately printed seria
l number or which bears a different serial number f
rom that assigned to
the particular polling place concerned shall not be
canvassed. This is to be determined by the board o
f canvassers prior to
its canvassing on the basis of the certification of
the provincial, city or municipal treasurer as to
the serial number of the
election return assigned to the said voting precinc
t, unless the Commission shall order in writing for
its canvassing, stating
the reason for the variance in serial numbers.
If the signatures and/or thumbmarks of the members
of the board of election inspectors or some of them
as required in
this provision are missing in the election returns,
the board of canvassers may summon the members of
the board of
election inspectors concerned to complete the retur
ns.
Section 213.
Proclamation of the result of the election in the p
olling place. -
Upon the completion of the election returns,
the chairman of the board of election inspectors sh
all orally and publicly announce the total number o
f votes received in
the election in the polling place by each and every
one of the candidates, stating their corresponding
office.
Section 214.
Disposition of election returns. -
(1) In a presidential election: the board of electi
on inspectors shall prepare in handwriting and sign
the returns of
the election in sextuplicate in their respective po
lling place in a form to be prescribed by the Commi
ssion. One
copy shall be deposited in the compartment of the b
allot box for valid ballots, and in the case of mun
icipalities
two copies including the original copy shall be han
ded to the municipal election registrar who shall i
mmediately
deliver the original copy to the provincial electio
n supervisor and forward the other copy to the Comm
ission, and
one copy each to the authorized representatives of
the accredited political parties. In the case of th
e cities, the
city registrar shall retain the original copy for s
ubmission to the provincial election supervisor, an
d forward the
other copy to the Commission.
(2) In the election for Members of the Batasang Pam
bansa: the original of the election returns shall b
e delivered
to the election registrar of the city or municipali
ty for transmittal to the chairman of the provincia
l board of
canvassers, and direct to the chairman of the city
or district board of canvassers in the urbanized ci
ties and the
districts of Metropolitan Manila, as the case may b
e, for use in the canvass. The second copy shall li
kewise be
delivered to the election registrar for transmittal
to the Commission. The third copy shall be deposit
ed in the
compartment for valid ballots. The fourth copy shal
l be delivered to the election registrar who shall
use said copy
in the tabulation of the advance results of the ele
ction in the city or municipality. The fifth and si
xth copies shall
each respectively be delivered to the members repre
senting political parties represented in the board
of election
inspectors.
(3) In local elections: the original copy of the el
ection returns shall be delivered to the city or mu
nicipal board of
canvassers as a body for its use in the city of mun
icipal canvass. The second copy shall be delivered
to the
election registrar of the city or municipality for
transmittal to the provincial board of canvassers a
s a body for its
use in the provincial canvass. The third copy shall
likewise be delivered to the election registrar fo
r transmittal to
the Commission. The fourth copy shall be deposited
in the compartment for valid ballots. The fifth and
sixth
copies shall each respectively be delivered to the
members representing the political parties represen
ted in the
board of election inspectors.
The Commission shall promulgate rules for the speed
y and safe delivery of the election returns.
Section 215.
Board of election inspectors to issue a certificate
of the number of votes polled by the candidates fo
r an
office to the watchers. -
After the announcement of the results of the elect
ion and before leaving the polling place, it shall
be the duty of the board of election inspectors to
issue a certificate of the number of the votes rece
ived by a candidate
upon request of the watchers. All the members of th
e board of election inspectors shall sign the certi
ficate.
Section 216.
Alterations and corrections in the election returns
. -
Any correction or alteration made in the election,
returns
by the board of election inspectors before the anno
uncement of the results of the election in the poll
ing place shall be duly
initialed by all the members thereof.
After the announcement of the results of the electi
on in the polling place has been made, the board of
election inspectors
shall not make any alteration or amendment in any o
f the copies of the election returns, unless so ord
ered by the
Commission upon petition of the members of the boar
d of election inspectors within five days from the
date of the election
or twenty-four hours from the time a copy of the el
ection returns concerned is opened by the board of
canvassers,
whichever is earlier. The petition shall be accompa
nied by proof of service upon all candidates affect
ed. If the petition is
by all members of the board of election inspectors
and the results of the election would not be affect
ed by said correction
and none of the candidates affected objects thereto
, the Commission, upon being satisfied of the verac
ity of the petition
and of the error alleged therein, shall order the b
oard of election inspectors to make the proper corr
ection on the election
returns.
However, if a candidate affected by said petition o
bjects thereto, whether the petition is filed by al
l or only a majority of the
members of the board of election inspectors and the
results of the election would be affected by the c
orrection sought to
be made, the Commission shall proceed summarily to
hear the petition. If it finds the petition meritor
ious and there are no
evidence or signs indicating that the identity and
integrity of the ballot box have been violated, the
Commission shall order
the opening of the ballot box. After satisfying its
elf that the integrity of the ballots therein has a
lso been duly preserved, the
Commission shall order the recounting of the votes
of the candidates affected and the proper correctio
ns made on the
election returns, unless the correction sought is s
uch that it can be made without need of opening the
ballot box.
Section 217.
Delivery of the ballot boxes, keys and election sup
plies and documents. -
Upon the termination of the
counting of votes, the board of election inspectors
shall place in the compartment for valid ballots,
the envelopes for used
ballots hereinbefore referred to, the unused ballot
s, the tally board or sheet, a copy of the election
returns, and the
minutes of its proceedings, and then shall lock the
ballot box with three padlocks and such safety dev
ices as the
Commission may prescribe. Immediately after the box
is locked, the three keys of the padlocks shall be
placed in three
separate envelopes and shall be sealed and signed b
y all the members of the board of election inspecto
rs.
The authorized representatives of the Commission sh
all forthwith take delivery of said envelopes, sign
ing a receipt
therefor, and deliver without delay one envelope to
the provincial treasurer, another to the provincia
l fiscal and the other to
the provincial election supervisor.
The ballot box, all supplies of the board of electi
on inspectors and all pertinent papers and document
s shall immediately
be delivered by the board of election inspectors an
d the watchers to the city or municipal treasurer w
ho shall keep his
office open all night on the day of election if nec
essary for this purpose, and shall provide the nece
ssary facilities for said
delivery at the expense of the city or municipality
. The book of voters shall be returned to the elect
ion registrar who shall
keep it under his custody. The treasurer and the el
ection registrar, as the case may be, shall on the
day after the election
require the members of the board of election inspec
tors who failed to send the objects referred to her
ein to deliver the
same to him immediately and acknowledge receipt the
reof in detail.
Section 218.
Preservation of the voting record. -
The voting record of each polling place shall be d
elivered to the election
registrar who shall have custody of the same, keepi
ng them in a safe place, until such time that the C
ommission shall give
instructions on their disposition.
Section 219.
Preservation of the ballot boxes, their keys and di
sposition of their contents. -
(a) The provincial election supervisor, the provinc
ial treasurer and the provincial fiscal shall keep
the envelope
containing the keys in their possession intact duri
ng the period of three months following the electio
n. Upon the
lapse of this period, unless the Commission has ord
ered otherwise, the provincial election supervisor
and the
provincial fiscal shall deliver to the provincial t
reasurer the envelope containing the keys under the
ir custody.
(b) The city and municipal treasurer shall keep the
ballot boxes under their responsibility for three
months and
stored unopened in a secure place, unless the Commi
ssion orders otherwise whenever said ballot boxes a
re
needed in any political exercise which might be cal
led within the said period, provided these are not
involved in
any election contest or official investigation, or
the Commission or other competent authority shall d
emand them
sooner or shall order their preservation for a long
er time in connection with any pending contest or i
nvestigation.
However, upon showing by any candidate that the box
es will be in danger of being violated if kept in t
he
possession of such officials, the Commission may or
der them kept by any other official whom it may des
ignate.
Upon the lapse of said time and if there should be
no order to the contrary, the Commission may author
ize the
city and municipal treasurer in the presence of its
representative to open the boxes and burn their co
ntents,
except the copy of the minutes of the voting and th
e election returns deposited therein which they sha
ll take and
keep.
(c) In case of calamity or fortuitous event such as
fire, flood, storm, or other similar calamities wh
ich may actually
cause damage to the ballot boxes and/or their conte
nts, the Commission may authorize the opening of sa
id
ballot boxes to salvage the ballots and other conte
nts by placing them in other ballot boxes, taking s
uch other
precautionary measures as may be necessary to prese
rve such documents.
Section 220.
Documents and articles omitted or erroneously place
d inside the ballot box. -
If after the delivery of the keys
of the ballot box to the proper authorities, the bo
ard of election inspectors shall discover that some
documents or articles
required to be placed in the ballot box were not pl
aced therein, the board of election inspectors, ins
tead of opening the
ballot box in order to place therein said documents
or articles, shall deliver the same to the Commiss
ion or its duly
authorized representatives. In no instance shall th
e ballot box be reopened to place therein or take o
ut therefrom any
document or article except to retrieve copies of th
e election returns which will be needed in any canv
ass and in such
excepted instances, the members of the board of ele
ction inspectors and watchers of the candidates sha
ll be notified of
the time and place of the opening of said ballot bo
x: Provided, however, That if there are other copie
s of the election
returns outside of the ballot box which can be used
in canvass, such copies of the election returns sh
all be used in said
canvass and the opening of the ballot box to retrie
ve copies of the election returns placed therein sh
all then be dispensed
with.
ARTICLE XIX
CANVASS AND PROCLAMATION
Section 221.
Board of canvassers. -
There shall be a board of canvassers for each prov
ince, city, municipality, and
district of Metropolitan Manila as follows:
(a) Provincial board of canvassers. - the provincia
l board of canvassers shall be composed of the prov
incial
election supervisor or a senior lawyer in the regio
nal office of the Commission, as chairman, the prov
incial fiscal,
as vice-chairman, and the provincial superintendent
of schools, and one representative from each of th
e ruling
party and the dominant opposition political party i
n the constituency concerned entitled to be represe
nted, as
members.
(b) City board of canvassers. - the city board of c
anvassers shall be composed of the city election re
gistrar or a
lawyer of the Commission, as chairman, the city fis
cal and the city superintendent of schools, and one
representative from each of the ruling party and th
e dominant opposition political party entitled to b
e represented,
as members.
(c) District board of canvassers of Metropolitan Ma
nila - the district board of canvassers shall be co
mposed of a
lawyer of the Commission, as chairman, and a rankin
g fiscal in the district and the most senior distri
ct school
supervisor in the district to be appointed upon con
sultation with the Ministry of Justice and the Mini
stry of
Education, Culture and Sports, respectively, and on
e representative from each of the ruling party and
the
dominant opposition political party in the constitu
ency concerned, as members.
(d) Municipal board of canvassers. - the municipal
board of canvassers shall be composed of the electi
on
registrar or a representative of the Commission, as
chairman, the municipal treasurer, and the distric
t supervisor
or in his absence any public school principal in th
e municipality and one representative from each of
the ruling
party and the dominant opposition political party e
ntitled to be represented, as members.
(e) Board of canvassers for newly created political
subdivisions - the Commission shall constitute a b
oard of
canvassers and appoint the members thereof for the
first election in a newly created province, city or
municipality
in case the officials who shall act as members ther
eof have not yet assumed their duties and functions
.
Section 222.
Relationship with candidates and other members. -
The chairman and the members of the board of
canvassers shall not be related within the fourth c
ivil degree of consanguinity or affinity to any of
the candidates whose
votes will be canvassed by said board, or to any me
mber of the same board.
Section 223.
Prohibition against leaving official station. -
During the period beginning election day until the
proclamation
of the winning candidates, no member or substitute
member of the different boards of canvassers shall
be transferred,
assigned or detailed outside of his official statio
n, nor shall he leave said station without prior au
thority of the Commission.
Section 224.
Feigned illness. -
Any member of the board of canvassers feigning ill
ness in order to be substituted on
election day until the proclamation of the winning
candidates shall be guilty of an election offense.
Section 225.
Vote required. -
A majority vote of all the members of the board of
canvassers shall be necessary to render
a decision.
Section 226.
Incapacity and substitution of members of boards of
canvassers. -
In case of non-availability, absence,
disqualification due to relationship, or incapacity
for any cause of the chairman, the Commission shal
l designate the
provincial or city fiscal to act as chairman. Likew
ise, in case of non-availability, absence, disquali
fication due to
relationship, or incapacity for any cause, of such
designee, the next ranking provincial or city fisca
l shall be designated by
the Commission and such designation shall pass to t
he next in rank until the designee qualifies. With
respect to the other
members of the board of canvassers, the Commission
shall appoint as substitute the provincial, city or
municipal officers
of other government agencies in the province, city
or municipality, as the case may be, and with respe
ct to the
representatives of the accredited political parties
, the Commission shall appoint as substitutes those
nominated by the
said political parties.
Section 227.
Supervision and control over board of canvassers. -
The Commission shall have direct control and
supervision over the board of canvassers.
Any member of the board of canvassers may, at any t
ime, be relieved for cause and substituted motu pro
prio by the
Commission.
Section 228.
Notice of meeting of the board. -
At least five days before the meeting of the board
, the chairman of the
board shall give notice to all members thereof and
to each candidate and political party of the date,
time and place of the
meeting.
Section 229.
Manner of delivery and transmittal of election retu
rns. -
(a) For the city and municipal board of canvassers,
the copy of the election returns of a polling plac
e intended for
the city or municipal board of canvassers, duly pla
ced inside a sealed envelope signed and affixed wit
h the
imprint of the thumb of the right hand of all the m
embers of the board of election inspectors, shall b
e personally
delivered by the members of the board of election i
nspectors to the city or municipal board of canvass
ers under
proper receipt to be signed by all the members ther
eof.
(b) For the provincial and district boards of canva
ssers in Metropolitan Manila, the copy of the elect
ion returns of
a polling place intended for the provincial or dist
rict board of canvassers in the case of Metropolita
n Manila, shall
be personally delivered by the members of the board
of election inspectors to the election registrar f
or transmittal
to the proper board of canvassers under proper rece
ipt to be signed by all the members thereof.
The election registrar concerned shall place all th
e returns intended for the board of canvassers insi
de a ballot box
provided with three padlocks whose keys shall be ke
pt as follows: one by the election registrar, anoth
er by the
representative of the ruling party and the third by
the representative of the dominant political oppos
ition party.
For this purpose, the two political parties shall d
esignate their representatives whose names shall be
submitted to the
election registrar concerned on or before the tenth
day preceding the election. The three in possessio
n of the keys shall
personally transmit the ballot box, properly locked
, containing the election returns to the board of c
anvassers. Watchers of
political parties, coalition of political parties,
and of organizations collectively authorized by the
Commission to designate
watchers shall have the right to accompany transmit
tal of the ballot boxes containing the election ret
urns.
It shall be unlawful for any person to delay, obstr
uct, impede or prevent through force, violence, coe
rcion, intimidation or
by any means which vitiates consent, the transmitta
l of the election returns or to take away, abscond
with, destroy, deface
or mutilate or substitute the election returns or t
he envelope or the ballot box containing the electi
on returns or to violate
the right of the watchers.
The watchers of the political parties, coalition of
political parties and the candidates shall have th
e right to accompany the
members of the board of election inspectors or the
election registrar in making the delivery to the bo
ards of canvassers.
Section 230.
Safekeeping of transmitted election returns. -
The board of canvassers shall keep the ballot boxe
s
containing the election returns in a safe and secur
e room before and after the canvass. The door to th
e room must be
padlocked by three locks with the keys thereof kept
as follows: one with the chairman, the other with
the representative of
the ruling party, and the other with the representa
tive of the dominant opposition political party. Th
e watchers of
candidates, political parties, coalition of politic
al parties and organization collectively authorized
by the Commission to
appoint watchers shall have the right to guard the
room. Violation of this right shall constitute an e
lection offense.
Section 231.
Canvass by the board. -
The board of canvassers shall meet not later than
six o'clock in the afternoon of
election day at the place designated by the Commiss
ion to receive the election returns and to immediat
ely canvass those
that may have already been received. It shall meet
continuously from day to day until the canvass is c
ompleted, and may
adjourn but only for the purpose of awaiting the ot
her election returns from other polling places with
in its jurisdiction. Each
time the board adjourns, it shall make a total of a
ll the votes canvassed so far for each candidate fo
r each office,
furnishing the Commission in Manila by the fastest
means of communication a certified copy thereof, an
d making
available the data contained therein to the mass me
dia and other interested parties. As soon as the ot
her election returns
are delivered, the board shall immediately resume c
anvassing until all the returns have been canvassed
.
The respective board of canvassers shall prepare a
certificate of canvass duly signed and affixed with
the imprint of the
thumb of the right hand of each member, supported b
y a statement of the votes received by each candida
te in each
polling place and, on the basis thereof, shall proc
laim as elected the candidates who obtained the hig
hest number of votes
cast in the province, city, municipality or baranga
y. Failure to comply with this requirement shall co
nstitute an election
offense.
Subject to reasonable exceptions, the board of canv
assers must complete their canvass within thirty-si
x hours in
municipalities, forty-eight hours in cities and sev
enty-two hours in provinces. Violation hereof shall
be an election offense
punishable under Section 264 hereof.
With respect to the election for President and Vice
-President, the provincial and city boards of canva
ssers shall prepare in
quintuplicate a certificate of canvass supported by
a statement of votes received by each candidate in
each polling place
and transmit the first copy thereof to the Speaker
of the Batasang Pambansa. The second copy shall be
transmitted to the
Commission, the third copy shall be kept by the pro
vincial election supervisor or city election regist
rar; the fourth and the
fifth copies to each of the two accredited politica
l parties.
Section 232.
Persons not allowed inside the canvassing room. -
It shall be unlawful for any officer or member of
the
Armed Forces of the Philippines, including the Phil
ippine Constabulary, or the Integrated National Pol
ice or any peace
officer or any armed or unarmed persons belonging t
o an extra-legal police agency, special forces, rea
ction forces, strike
forces, home defense forces, barangay self-defense
units, barangay tanod, or of any member of the secu
rity or police
organizations of government ministries, commissions
, councils, bureaus, offices, instrumentalities, or
government-owned
or controlled corporations or their subsidiaries or
of any member of a privately owned or operated sec
urity, investigative,
protective or intelligence agency performing identi
cal or similar functions to enter the room where th
e canvassing of the
election returns are held by the board of canvasser
s and within a radius of fifty meters from such roo
m: Provided,
however, That the board of canvassers by a majority
vote, if it deems necessary, may make a call in wr
iting for the detail
of policemen or any peace officers for their protec
tion or for the protection of the election document
s and paraphernalia in
the possession of the board, or for the maintenance
of peace and order, in which case said policemen o
r peace officers,
who shall be in proper uniform, shall stay outside
the room within a radius of thirty meters near enou
gh to be easily called
by the board of canvassers at any time.
Section 233.
When the election returns are delayed, lost or dest
royed. -
In case its copy of the election returns is missin
g,
the board of canvassers shall, by messenger or othe
rwise, obtain such missing election returns from th
e board of election
inspectors concerned, or if said returns have been
lost or destroyed, the board of canvassers, upon pr
ior authority of the
Commission, may use any of the authentic copies of
said election returns or a certified copy of said e
lection returns
issued by the Commission, and forthwith direct its
representative to investigate the case and immediat
ely report the
matter to the Commission.
The board of canvassers, notwithstanding the fact t
hat not all the election returns have been received
by it, may terminate
the canvass and proclaim the candidates elected on
the basis of the available election returns if the
missing election
returns will not affect the results of the election
.
Section 234.
Material defects in the election returns. -
If it should clearly appear that some requisites i
n form or data had
been omitted in the election returns, the board of
canvassers shall call for all the members of the bo
ard of election
inspectors concerned by the most expeditious means,
for the same board to effect the correction: Provi
ded, That in case
of the omission in the election returns of the name
of any candidate and/or his corresponding votes, t
he board of
canvassers shall require the board of election insp
ectors concerned to complete the necessary data in
the election returns
and affix therein their initials: Provided, further
, That if the votes omitted in the returns cannot b
e ascertained by other
means except by recounting the ballots, the Commiss
ion, after satisfying itself that the identity and
integrity of the ballot
box have not been violated, shall order the board o
f election inspectors to open the ballot box, and,
also after satisfying
itself that the integrity of the ballots therein ha
s been duly preserved, order the board of election
inspectors to count the
votes for the candidate whose votes have been omitt
ed with notice thereof to all candidates for the po
sition involved and
thereafter complete the returns.
The right of a candidate to avail of this provision
shall not be lost or affected by the fact that an
election protest is
subsequently filed by any of the candidates.
Section 235.
When election returns appear to be tampered with or
falsified. -
If the election returns submitted to the board
of canvassers appear to be tampered with, altered o
r falsified after they have left the hands of the b
oard of election
inspectors, or otherwise not authentic, or were pre
pared by the board of election inspectors under dur
ess, force,
intimidation, or prepared by persons other than the
member of the board of election inspectors, the bo
ard of canvassers
shall use the other copies of said election returns
and, if necessary, the copy inside the ballot box
which upon previous
authority given by the Commission may be retrieved
in accordance with Section 220 hereof. If the other
copies of the
returns are likewise tampered with, altered, falsif
ied, not authentic, prepared under duress, force, i
ntimidation, or prepared
by persons other than the members of the board of e
lection inspectors, the board of canvassers or any
candidate affected
shall bring the matter to the attention of the Comm
ission. The Commission shall then, after giving not
ice to all candidates
concerned and after satisfying itself that nothing
in the ballot box indicate that its identity and in
tegrity have been violated,
order the opening of the ballot box and, likewise a
fter satisfying itself that the integrity of the ba
llots therein has been duly
preserved shall order the board of election inspect
ors to recount the votes of the candidates affected
and prepare a new
return which shall then be used by the board of can
vassers as basis of the canvass.
Section 236.
Discrepancies in election returns. -
In case it appears to the board of canvassers that
there exists
discrepancies in the other authentic copies of the
election returns from a polling place or discrepanc
ies in the votes of any
candidate in words and figures in the same return,
and in either case the difference affects the resul
ts of the election, the
Commission, upon motion of the board of canvassers
or any candidate affected and after due notice to a
ll candidates
concerned, shall proceed summarily to determine whe
ther the integrity of the ballot box had been prese
rved, and once
satisfied thereof shall order the opening of the ba
llot box to recount the votes cast in the polling p
lace solely for the
purpose of determining the true result of the count
of votes of the candidates concerned.
Section 237.
When integrity of ballots is violated. -
If upon the opening of the ballot box as ordered b
y the Commission
under Sections 234, 235 and 236, hereof, it should
appear that there are evidence or signs of replacem
ent, tampering or
violation of the integrity of the ballots, the Comm
ission shall not recount the ballots but shall fort
hwith seal the ballot box
and order its safekeeping.
Section 238.
Canvass of remaining or unquestioned returns to con
tinue. -
In cases under Sections 233, 234, 235 and 236
hereof, the board of canvassers shall continue the
canvass of the remaining or unquestioned election r
eturns. If, after the
canvass of all the said returns, it should be deter
mined that the returns which have been set aside wi
ll affect the result of
the election, no proclamation shall be made except
upon orders of the Commission after due notice and
hearing. Any
proclamation made in violation hereof shall be null
and void.
Section 239.
Watchers. -
Each candidate, political party or coalition of po
litical parties shall be entitled to appoint one
watcher in the board of canvassers. The watcher sha
ll have the right to be present at, and take note o
f, all the
proceedings of the board of canvassers, to read the
election returns without touching them, to file a
protest against any
irregularity in the election returns submitted, and
to obtain from the board of canvassers a resolutio
n thereon.
Section 240.
Election resulting in tie. -
Whenever it shall appear from the canvass that two
or more candidates have
received an equal and highest number of votes, or i
n cases where two or more candidates are to be elec
ted for the same
position and two or more candidates received the sa
me number of votes for the last place in the number
to be elected, the
board of canvassers, after recording this fact in i
ts minutes, shall by resolution, upon five days not
ice to all the tied
candidates, hold a special public meeting at which
the board of canvassers shall proceed to the drawin
g of lots of the
candidates who have tied and shall proclaim as elec
ted the candidates who may be favored by luck, and
the candidates
so proclaimed shall have the right to assume office
in the same manner as if he had been elected by pl
urality of vote. The
board of canvassers shall forthwith make a certific
ate stating the name of the candidate who had been
favored by luck
and his proclamation on the basis thereof.
Nothing in this section shall be construed as depri
ving a candidate of his right to contest the electi
on.
ARTICLE XX
PRE-PROCLAMATION CONTROVERSIES
Section 241.
Definition. -
A pre-proclamation controversy refers to any quest
ion pertaining to or affecting the proceedings
of the board of canvassers which may be raised by a
ny candidate or by any registered political party o
r coalition of
political parties before the board or directly with
the Commission, or any matter raised under Section
s 233, 234, 235 and
236 in relation to the preparation, transmission, r
eceipt, custody and appreciation of the election re
turns.
Section 242.
Commission's exclusive jurisdiction of all pre-proc
lamation controversies. -
The Commission shall have
exclusive jurisdiction of all pre-proclamation cont
roversies. It may motu proprio or upon written peti
tion, and after due
notice and hearing, order the partial or total susp
ension of the proclamation of any candidate-elect o
r annual partially or
totally any proclamation, if one has been made, as
the evidence shall warrant in accordance with the s
ucceeding sections.
Section 243.
Issues that may be raised in pre-proclamation contr
oversy. -
The following shall be proper issues that may
be raised in a pre-proclamation controversy:
(a) Illegal composition or proceedings of the board
of canvassers;
(b) The canvassed election returns are incomplete,
contain material defects, appear to be tampered wit
h or
falsified, or contain discrepancies in the same ret
urns or in other authentic copies thereof as mentio
ned in
Sections 233, 234, 235 and 236 of this Code;
(c) The election returns were prepared under duress
, threats, coercion, or intimidation, or they are o
bviously
manufactured or not authentic; and
(d) When substitute or fraudulent returns in contro
verted polling places were canvassed, the results o
f which
materially affected the standing of the aggrieved c
andidate or candidates.
Section 244.
Contested composition or proceedings of the board.
-
When the composition or proceedings of the board o
f
canvassers are contested, the board of canvassers s
hall, within twenty-four hours, make a ruling there
on with notice to
the contestant who, if adversely affected, may appe
al the matter to the Commission within five days af
ter the ruling with
proper notice to the board of canvassers. After due
notice and hearing, the Commission shall decide th
e case within ten
days from the filing thereof. During the pendency o
f the case, the board of canvassers shall suspend t
he canvass until the
Commission orders the continuation or resumption th
ereof and citing their reasons or grounds therefor.
Section 245.
Contested election returns. -
Any candidate, political party or coalition of pol
itical parties, contesting the
inclusion or exclusion in the canvass of any electi
on returns on any of the grounds authorized under t
his article or in
Sections 234, 235 and 236 of Article XIX shall subm
it their verbal objections to the chairman of the b
oard of canvassers at
the time the questioned returns is presented for in
clusion or exclusion, which objections shall be not
ed in the minutes of
the canvassing.
The board of canvassers upon receipt of any such ob
jections shall automatically defer the canvass of t
he contested
returns and shall proceed to canvass the rest of th
e returns which are not contested by any party.
Within twenty-four hours from and after the present
ation of a verbal objection, the same shall be subm
itted in written form
to the board of canvassers. Thereafter, the board o
f canvassers shall take up each contested return, c
onsider the written
objections thereto and summarily rule thereon. Said
ruling shall be made oral initially and then reduc
ed to writing by the
board within twenty-four hours from the time the or
al ruling is made.
Any party adversely affected by an oral ruling on i
ts/his objection shall immediately state orally whe
ther it/he intends to
appeal said ruling. The said intent to appeal shall
be stated in the minutes of the canvassing. If a p
arty manifests its intent
to appeal, the board of canvassers shall set aside
the return and proceed to rule on the other contest
ed returns. When all
the contested returns have been ruled upon by it, t
he board of canvassers shall suspend the canvass an
d shall make an
appropriate report to the Commission, copy furnishe
d the parties.
The board of canvassers shall not proclaim any cand
idate as winner unless authorized by the Commission
after the latter
has ruled on the objections brought to it on appeal
by the losing party and any proclamation made in v
iolation hereof shall
be void ab initio, unless the contested returns wil
l not adversely affect the results of the election.
Section 246.
Summary proceedings before the Commission. -
All pre-proclamation controversies shall be heard
summarily by the Commission after due notice and he
aring, and its decisions shall be executory after t
he lapse of five
days from receipt by the losing party of the decisi
on of the Commission, unless restrained by the Supr
eme Court.
Section 247.
Partial proclamation. -
Notwithstanding the pendency of any pre-proclamati
on controversy, the Commission
may, motu proprio or upon the filing of a verified
petition and after due notice and hearing, order th
e proclamation of other
winning candidates whose election will not be affec
ted by the outcome of the controversy.
Section 248.
Effect of filing petition to annual or to suspend t
he proclamation. -
The filing with the Commission of a
petition to annual or to suspend the proclamation o
f any candidate shall suspend the running of the pe
riod within which to
file an election protest or quo warranto proceeding
s.
ARTICLE XXI
ELECTION CONTESTS
Section 249.
Jurisdiction of the Commission. -
The Commission shall be the sole judge of all cont
ests relating to the
elections, returns, and qualifications of all Membe
rs of the Batasang Pambansa, elective regional, pro
vincial and city
officials.
Section 250.
Election contests for Batasang Pambansa, regional,
provincial and city offices. -
A sworn petition contesting
the election of any Member of the Batasang Pambansa
or any regional, provincial or city official shall
be filed with the
Commission by any candidate who has duly filed a ce
rtificate of candidacy and has been voted for the s
ame office, within
ten days after the proclamation of the results of t
he election.
Section 251.
Election contests for municipal offices. -
A sworn petition contesting the election of a muni
cipal officer shall
be filed with the proper regional trial court by an
y candidate who has duly filed a certificate of can
didacy and has been
voted for the same office, within ten days after pr
oclamation of the results of the election.
Section 252.
Election contest for barangay offices. -
A sworn petition contesting the election of a bara
ngay officer shall be
filed with the proper municipal or metropolitan tri
al court by any candidate who has duly filed a cert
ificate of candidacy and
has been voted for the same office, within ten days
after the proclamation of the results of the elect
ion. The trial court shall
decide the election protest within fifteen days aft
er the filing thereof. The decision of the municipa
l or metropolitan trial
court may be appealed within ten days from receipt
of a copy thereof by the aggrieved party to the reg
ional trial court
which shall decide the case within thirty days from
its submission, and whose decisions shall be final
.
Section 253.
Petition for quo warranto. -
Any voter contesting the election of any Member of
the Batasang Pambansa,
regional, provincial, or city officer on the ground
of ineligibility or of disloyalty to the Republic
of the Philippines shall file a
sworn petition for quo warranto with the Commission
within ten days after the proclamation of the resu
lts of the election.
Any voter contesting the election of any municipal
or barangay officer on the ground of ineligibility
or of disloyalty to the
Republic of the Philippines shall file a sworn peti
tion for quo warranto with the regional trial court
or metropolitan or
municipal trial court, respectively, within ten day
s after the proclamation of the results of the elec
tion.
Section 254.
Procedure in election contests. -
The Commission shall prescribe the rules to govern
the procedure and
other matters relating to election contests pertain
ing to all national, regional, provincial, and city
offices not later than thirty
days before such elections. Such rules shall provid
e a simple and inexpensive procedure for the expedi
tious disposition of
election contests and shall be published in at leas
t two newspapers of general circulation.
However, with respect to election contests involvin
g municipal and barangay offices the following rule
s of procedure shall
govern:
(a) Notice of the protest contesting the election o
f a candidate for a municipal or barangay office sh
all be served
upon the candidate by means of a summons at the pos
tal address stated in his certificate of candidacy
except
when the protestee, without waiting for the summons
, has made the court understand that he has been no
tified
of the protest or has filed his answer hereto;
(b) The protestee shall answer the protest within f
ive days after receipt of the summons, or, in case
there has
been no summons from the date of his appearance and
in all cases before the commencement of the hearin
g of
the protest or contest. The answer shall deal only
with the election in the polling places which are c
overed by the
allegations of the contest;
(c) Should the protestee desire to impugn the votes
received by the protestant in other polling places
, he shall file
a counter-protest within the same period fixed for
the answer serving a copy thereof upon the protesta
nt by
registered mail or by personal delivery or through
the sheriff;
(d) The protestant shall answer the counter-protest
within five days after notice;
(e) Within the period of five days counted from the
filing of the protest any other candidate for the
same office
may intervene in the case as other contestants and
ask for affirmative relief in his favor by a petiti
on in
intervention, which shall be considered as another
contest, except that it shall be substantiated with
in the same
proceedings. The protestant or protestee shall answ
er the protest in intervention within five days aft
er notice;
(f) If no answer shall be filed to the contest, cou
nter-protest, or to the protest in intervention, wi
thin the time limits
respectively fixed, a general denial shall be deeme
d to have been entered;
(g) In election contest proceedings, the permanent
registry list of voters shall be conclusive in rega
rd to the
question as to who had the right to vote in said el
ection.
Section 255.
Judicial counting of votes in election contest. -
Where allegations in a protest or counter-protest s
o warrant,
or whenever in the opinion of the court the interes
ts of justice so require, it shall immediately orde
r the book of voters,
ballot boxes and their keys, ballots and other docu
ments used in the election be brought before it and
that the ballots be
examined and the votes recounted.
Section 256.
Appeals. -
Appeals from any decision rendered by the regional
trial court under Section
251 and paragraph two, Section 253 hereof with resp
ect to quo warranto petitions filed in election con
tests affecting
municipal officers, the aggrieved party may appeal
to the Intermediate Appellate Court within five day
s after receipt of a
copy of the decision. No motion for reconsideration
shall be entertained by the court. The appeal shal
l be decided within
sixty days after the case has been submitted for de
cision.
Section 257.
Decision in the Commission. -
The Commission shall decide all election cases bro
ught before it within ninety
days from the date of their submission for decision
. The decision of the Commission shall become final
thirty days after
receipt of judgment.
Section 258.
Preferential disposition of contests in courts. -
The courts, in their respective cases, shall give
preference to
election contests over all other cases, except thos
e of habeas corpus, and shall without delay, hear a
nd, within thirty days
from the date of their submission for decision, but
in every case within six months after filing, deci
de the same.
Section 259.
Actual or compensatory damages. -
Actual or compensatory damages may be granted in a
ll election
contests or in quo warranto proceedings in accordan
ce with law.
Section 260.
Notice of decisions. -
The clerk of court and the corresponding official
in the Commission before whom an
election contest or a quo warranto proceeding has b
een instituted or where the appeal of said case has
been taken shall
notify immediately the President of the Philippines
of the final disposition thereof. In election cont
ests involving provincial,
city, municipal, or barangay offices, notice of suc
h final disposition shall also be sent to the secre
tary of the local
sanggunian concerned. If the decision be that none
of the parties has been legally elected, said offic
ial shall certify such
decision to the President of the Philippines and, i
n appropriate cases, to the Commission.
ARTICLE XXII
ELECTION OFFENSES
Section 261.
Prohibited Acts. -
The following shall be guilty of an election offen
se:
(a) Vote-buying and vote-selling. -
(1) Any person who gives, offers or promises money
or anything of value, gives or promises any office
or employment, franchise or grant, public or privat
e, or makes or offers to make an expenditure, direc
tly
or indirectly, or cause an expenditure to be made t
o any person, association, corporation, entity, or
community in order to induce anyone or the public i
n general to vote for or against any candidate or
withhold his vote in the election, or to vote for o
r against any aspirant for the nomination or choice
of a
candidate in a convention or similar selection proc
ess of a political party.
(2) Any person, association, corporation, group or
community who solicits or receives, directly or
indirectly, any expenditure or promise of any offic
e or employment, public or private, for any of the
foregoing considerations.
(b) Conspiracy to bribe voters. - Two or more perso
ns, whether candidates or not, who come to an agree
ment
concerning the commission of any violation of parag
raph (a) of this section and decide to commit it.
(c) Wagering upon result of election. - Any person
who bets or wagers upon the outcome of, or any cont
ingency
connected with an election. Any money or thing of v
alue or deposit of money or thing of value situated
anywhere
in the Philippines put as such bet or wager shall b
e forfeited to the government.
(d) Coercion of subordinates. -
(1) Any public officer, or any officer of any publi
c or private corporation or association, or any hea
d,
superior, or administrator of any religious organiz
ation, or any employer or land-owner who coerces or
intimidates or compels, or in any manner influence,
directly or indirectly, any of his subordinates or
members or parishioners or employees or house helpe
rs, tenants, overseers, farm helpers, tillers, or
lease holders to aid, campaign or vote for or again
st any candidate or any aspirant for the nomination
or
selection of candidates.
(2) Any public officer or any officer of any commer
cial, industrial, agricultural, economic or social
enterprise or public or private corporation or asso
ciation, or any head, superior or administrator of
any
religious organization, or any employer or landowne
r who dismisses or threatens to dismiss, punishes
or threatens to punish be reducing his salary, wage
or compensation, or by demotion, transfer,
suspension, separation, excommunication, ejectment,
or causing him annoyance in the performance of
his job or in his membership, any subordinate membe
r or affiliate, parishioner, employee or house
helper, tenant, overseer, farm helper, tiller, or l
ease holder, for disobeying or not complying with a
ny of
the acts ordered by the former to aid, campaign or
vote for or against any candidate, or any aspirant
for
the nomination or selection of candidates.
(e) Threats, intimidation, terrorism, use of fraudu
lent device or other forms of coercion. - Any perso
n who, directly
or indirectly, threatens, intimidates or actually c
auses, inflicts or produces any violence, injury, p
unishment,
damage, loss or disadvantage upon any person or per
sons or that of the immediate members of his family
, his
honor or property, or uses any fraudulent device or
scheme to compel or induce the registration or ref
raining
from registration of any voter, or the participatio
n in a campaign or refraining or desistance from an
y campaign,
or the casting of any vote or omission to vote, or
any promise of such registration, campaign, vote, o
r omission
therefrom.
(f) Coercion of election officials and employees. -
Any person who, directly or indirectly, threatens,
intimidates,
terrorizes or coerces any election official or empl
oyee in the performance of his election functions o
r duties.
(g) Appointment of new employees, creation of new p
osition, promotion, or giving salary increases. - D
uring the
period of forty-five days before a regular election
and thirty days before a special election,
(1) any head, official or appointing officer of a g
overnment office, agency or instrumentality, whethe
r
national or local, including government-owned or co
ntrolled corporations, who appoints or hires any ne
w
employee, whether provisional, temporary or casual,
or creates and fills any new position, except upon
prior authority of the Commission. The Commission s
hall not grant the authority sought unless, it is
satisfied that the position to be filled is essenti
al to the proper functioning of the office or agenc
y
concerned, and that the position shall not be fille
d in a manner that may influence the election.
As an exception to the foregoing provisions, a new
employee may be appointed in case of urgent need:
Provided, however, That notice of the appointment s
hall be given to the Commission within three days
from the date of the appointment. Any appointment o
r hiring in violation of this provision shall be nu
ll
and void.
(2) Any government official who promotes, or gives
any increase of salary or remuneration or privilege
to any government official or employee, including t
hose in government-owned or controlled
corporations.
(h) Transfer of officers and employees in the civil
service. - Any public official who makes or causes
any transfer
or detail whatever of any officer or employee in th
e civil service including public school teachers, w
ithin the
election period except upon prior approval of the C
ommission.
(i) Intervention of public officers and employees.
- Any officer or employee in the civil service, exc
ept those
holding political offices; any officer, employee, o
r member or the Armed Forces of the Philippines, or
any police
force, special forces, home defense forces, baranga
y self-defense units and all other para-military un
its that now
exist or which may hereafter be organized who, dire
ctly or indirectly, intervenes in any election camp
aign or
engages in any partisan political activity, except
to vote or to preserve public order, if he is a pea
ce officer.
(j) Undue influence. - It is unlawful for any perso
n to promise any office or employment, public or pr
ivate, or to
make or offer to make an expenditure, directly or i
ndirectly, or to cause an expenditure to be made to
any
person, association, corporation or entity, which m
ay induce anyone or the public in general either to
vote or
withhold his vote, or to vote for or against any ca
ndidate in any election or any aspirant for the nom
ination or
selection of an official candidate in a convention
of a political party. It is likewise unlawful for a
ny person,
association, corporation or community, to solicit o
r receive, directly or indirectly, any expenditure
or promise or
any office, or employment, public or private, for a
ny of the foregoing considerations.
(k) Unlawful electioneering. - It is unlawful to so
licit votes or undertake any propaganda on the day
of registration
before the board of election inspectors and on the
day of election, for or against any candidate or an
y political
party within the polling place and with a radius of
thirty meters thereof.
(l) Prohibition against dismissal of employees, lab
orers, or tenants. - No employee or laborer shall b
e dismissed,
nor a tenant be ejected from his landholdings for r
efusing or failing to vote for any candidate of his
employer or
landowner. Any employee, laborer or tenant so dismi
ssed or ejected shall be reinstated and the salary
or wage
of the employee or laborer, or the share of the har
vest of the tenant, shall be restored to the aggrie
ved party
upon application to the proper court.
(m) Appointment or use of special policemen, specia
l agents, confidential agents or the like. - During
the
campaign period, on the day before and on election
day, any appointing authority who appoints or any p
erson
who utilizes the services of special policemen, spe
cial agents, confidential agents or persons perform
ing similar
functions; persons previously appointed as special
policemen, special agents, confidential agents or p
ersons
performing similar functions who continue acting as
such, and those who fail to turn over their firear
ms, uniforms,
insignias and other badges of authority to the prop
er officer who issued the same.
At the start of the aforementioned period, the bara
ngay chairman, municipal mayor, city mayor, provinc
ial
governor, or any appointing authority shall submit
to the Commission a complete list of all special po
licemen,
special agents, confidential agents or persons perf
orming similar functions in the employ of their res
pective
political subdivisions, with such particulars as th
e Commission may require.
(n) Illegal release of prisoners before and after e
lection. - The Director of the Bureau of Prisons, a
ny provincial
warden, the keeper of the jail or the person or per
sons required by law to keep prisoners in their cus
tody who
illegally orders or allows any prisoner detained in
the national penitentiary, or the provincial, city
or municipal jail
to leave the premises thereof sixty days before and
thirty days after the election. The municipal or c
ity warden,
the provincial warden, the keeper of the jail or th
e person or persons required by law to keep prisone
rs in their
custody shall post in three conspicuous public plac
es a list of the prisoners or detention prisoners u
nder their
care. Detention prisoners must be categorized as su
ch.
(o) Use of public funds, money deposited in trust,
equipment, facilities owned or controlled by the go
vernment for
an election campaign. - Any person who uses under a
ny guise whatsoever, directly or indirectly, (1) pu
blic funds
or money deposited with, or held in trust by, publi
c financing institutions or by government offices,
banks, or
agencies; (2) any printing press, radio, or televis
ion station or audio-visual equipment operated by t
he
Government or by its divisions, sub-divisions, agen
cies or instrumentalities, including government-own
ed or
controlled corporations, or by the Armed Forces of
the Philippines; or (3) any equipment, vehicle, fac
ility,
apparatus, or paraphernalia owned by the government
or by its political subdivisions, agencies includi
ng
government-owned or controlled corporations, or by
the Armed Forces of the Philippines for any electio
n
campaign or for any partisan political activity.
(p) Deadly weapons. - Any person who carries any de
adly weapon in the polling place and within a radiu
s of one
hundred meters thereof during the days and hours fi
xed by law for the registration of voters in the po
lling place,
voting, counting of votes, or preparation of the el
ection returns. However, in cases of affray, turmoi
l, or disorder,
any peace officer or public officer authorized by t
he Commission to supervise the election is entitled
to carry
firearms or any other weapon for the purpose of pre
serving order and enforcing the law.
(q) Carrying firearms outside residence or place of
business. - Any person who, although possessing a
permit to
carry firearms, carries any firearms outside his re
sidence or place of business during the election pe
riod, unless
authorized in writing by the Commission: Provided,
That a motor vehicle, water or air craft shall not
be
considered a residence or place of business or exte
nsion hereof.
This prohibition shall not apply to cashiers and di
sbursing officers while in the performance of their
duties or to
persons who by nature of their official duties, pro
fession, business or occupation habitually carry la
rge sums of
money or valuables.
(r) Use of armored land, water or air craft. - Any
person who uses during the campaign period, on the
day before
and on election day, any armored land, water or air
craft, provided with any temporary or permanent eq
uipment
or any other device or contraption for the mounting
or installation of cannons, machine guns and other
similar
high caliber firearms, including military type tank
s, half trucks, scout trucks, armored trucks, of an
y make or
model, whether new, reconditioned, rebuilt or remod
elled: Provided, That banking or financial institut
ions and all
business firms may use not more than two armored ve
hicles strictly for, and limited to, the purpose of
transporting cash, gold bullion or other valuables
in connection with their business from and to their
place of
business, upon previous authority of the Commission
.
(s) Wearing of uniforms and bearing arms. - During
the campaign period, on the day before and on elect
ion day,
any member of security or police organization of go
vernment agencies, commissions, councils, bureaus,
offices,
or government-owned or controlled corporations, or
privately-owned or operated security, investigative
,
protective or intelligence agencies, who wears his
uniform or uses his insignia, decorations or regali
a, or bears
arms outside the immediate vicinity of his place of
work: Provided, That this prohibition shall not ap
ply when said
member is in pursuit of a person who has committed
or is committing a crime in the premises he is guar
ding; or
when escorting or providing security for the transp
ort of payrolls, deposits, or other valuables; or w
hen guarding
the residence of private persons or when guarding p
rivate residences, buildings or offices: Provided,
further, That
in the last case prior written approval of the Comm
ission shall be obtained. The Commission shall deci
de all
applications for authority under this paragraph wit
hin fifteen days from the date of the filing of suc
h application.
During the same period, and ending thirty days ther
eafter any member of the Armed Forces of the Philip
pines,
special, forces, home defense forces, barangay self
-defense units and all other para-military units th
at now exist
or which may hereafter be organized who wears his u
niform or bears arms outside the camp, garrison or
barracks to which he is assigned or detailed or out
side their homes, in case of members of para-milita
ry units,
unless (1) the President of the Philippines shall h
ave given previous authority therefor, and the Comm
ission
notified thereof in writing, or (2) the Commission
authorizes him to do so, which authority it shall g
ive only when
necessary to assist it in maintaining free, orderly
and honest elections, and only after notice and he
aring. All
personnel of the Armed Forces authorized by the Pre
sident or the Commission to bear arms or wear their
uniforms outside their camps and all police and pea
ce officers shall bear their true name, rank and se
rial
number, if any, stitched in block letters on a whit
e background on the left breast of their uniform, i
n letters and
numbers of a clearly legible design at least two ce
ntimeters tall, which shall at all times remain vis
ible and
uncovered.
During the election period, whenever the Commission
finds it necessary for the promotion of free, orde
rly, honest
and peaceful elections in a specific area, it shall
confiscate or order the confiscation of firearms o
f any member
or members of the Armed Forces of the Philippines,
police forces, home defense forces, barangay self-d
efense
units, and all other para-military units that now e
xist, or which may hereafter be organized, or any m
ember or
members of the security or police organization, gov
ernment ministries, commissions, councils, bureaus,
offices,
instrumentalities, or government-owned or controlle
d corporations and other subsidiaries, or of any me
mber or
members of privately owned or operated security, in
vestigative, protective or intelligence agencies pe
rforming
identical or similar functions.
(t) Policemen and provincial guards acting as bodyg
uards or security guards. - During the campaign per
iod, on
the day before and on election day, any member of t
he city or municipal police force, any provincial o
r sub-
provincial guard, any member of the Armed Forces of
the Philippines, special forces, home defense forc
es,
barangay self-defense units and all other para-mili
tary units that now exist or which may hereafter be
organized
who acts as bodyguard or security guard of any publ
ic official, candidate or any other person, and any
of the
latter who utilizes the services of the former as b
odyguard or security guard: Provided, That, after d
ue notice and
hearing, when the life and security of a candidate
is in jeopardy, the Commission is empowered to assi
gn at the
candidate's choice, any member of the Philippine Co
nstabulary or the police force of any municipality
within the
province to act as his bodyguard or security guard
in a number to be determined by the Commission but
not to
exceed three per candidate: Provided, however, That
when the circumstances require immediate action, t
he
Commission may issue a temporary order allowing the
assignment of any member of the Philippine Constab
ulary
or the local police force to act as bodyguard or se
curity guard of the candidate, subject to confirmat
ion or
revocation.
(u) Organization or maintenance of reaction forces,
strike forces, or other similar forces. - Any pers
on who
organizes or maintains a reaction force, strike for
ce or similar force during the election period.
The heads of all reaction forces, strike forces, or
similar forces shall, not later than forty-five da
ys before the
election, submit to the Commission a complete list
of all members thereof with such particulars as the
Commission may require.
(v) Prohibition against release, disbursement or ex
penditure of public funds. - Any public official or
employee
including barangay officials and those of governmen
t-owned or controlled corporations and their subsid
iaries,
who, during forty-five days before a regular electi
on and thirty days before a special election, relea
ses, disburses
or expends any public funds for:
(1) Any and all kinds of public works, except the f
ollowing:
(a) Maintenance of existing and/or completed public
works project: Provided, That not more
than the average number of laborers or employees al
ready employed therein during the six-
month period immediately prior to the beginning of
the forty-five day period before election day
shall be permitted to work during such time: Provid
ed, further, That no additional laborers shall
be employed for maintenance work within the said pe
riod of forty-five days;
(b) Work undertaken by contract through public bidd
ing held, or by negotiated contract
awarded, before the forty-five day period before el
ection: Provided, That work for the purpose
of this section undertaken under the so-called "tak
ay" or "paquiao" system shall not be
considered as work by contract;
(c) Payment for the usual cost of preparation for w
orking drawings, specifications, bills of
materials, estimates, and other procedures preparat
ory to actual construction including the
purchase of materials and equipment, and all incide
ntal expenses for wages of watchmen and
other laborers employed for such work in the centra
l office and field storehouses before the
beginning of such period: Provided, That the number
of such laborers shall not be increased
over the number hired when the project or projects
were commenced; and
(d) Emergency work necessitated by the occurrence o
f a public calamity, but such work shall
be limited to the restoration of the damaged facili
ty.
No payment shall be made within five days before th
e date of election to laborers who have rendered
services in projects or works except those falling
under subparagraphs (a), (b), (c), and (d), of this
paragraph.
This prohibition shall not apply to ongoing public
works projects commenced before the campaign
period or similar projects under foreign agreements
. For purposes of this provision, it shall be the d
uty
of the government officials or agencies concerned t
o report to the Commission the list of all such
projects being undertaken by them.
(2) The Ministry of Social Services and Development
and any other office in other ministries of the
government performing functions similar to said min
istry, except for salaries of personnel, and for su
ch
other routine and normal expenses, and for such oth
er expenses as the Commission may authorize
after due notice and hearing. Should a calamity or
disaster occur, all releases normally or usually
coursed through the said ministries and offices of
other ministries shall be turned over to, and
administered and disbursed by, the Philippine Natio
nal Red Cross, subject to the supervision of the
Commission on Audit or its representatives, and no
candidate or his or her spouse or member of his
family within the second civil degree of affinity o
r consanguinity shall participate, directly or indi
rectly, in
the distribution of any relief or other goods to th
e victims of the calamity or disaster; and
(3) The Ministry of Human Settlements and any other
office in any other ministry of the government
performing functions similar to said ministry, exce
pt for salaries of personnel and for such other
necessary administrative or other expenses as the C
ommission may authorize after due notice and
hearing.
(w) Prohibition against construction of public work
s, delivery of materials for public works and issua
nce of
treasury warrants and similar devices. - During the
period of forty-five days preceding a regular elec
tion and thirty
days before a special election, any person who (a)
undertakes the construction of any public works, ex
cept for
projects or works exempted in the preceding paragra
ph; or (b) issues, uses or avails of treasury warra
nts or any
device undertaking future delivery of money, goods
or other things of value chargeable against public
funds.
(x) Suspension of elective provincial, city, munici
pal or barangay officer. - The provisions of law to
the contrary
notwithstanding during the election period, any pub
lic official who suspends, without prior approval o
f the
Commission, any elective provincial, city, municipa
l or barangay officer, unless said suspension will
be for
purposes of applying the "Anti-Graft and Corrupt Pr
actices Act" in relation to the suspension and remo
val of
elective officials; in which case the provisions of
this section shall be inapplicable.
(y) On Registration of Voters:
(1) Any person who, having all the qualifications a
nd none of the disqualifications of a voter, fails
without
justifiable excuse to register as a voter in an ele
ction, plebiscite or referendum in which he is qual
ified to
vote.
(2) Any person who knowingly makes any false or unt
ruthful statement relative to any of the data or
information required in the application for registr
ation.
(3) Any person who deliberately imprints or causes
the imprinting of blurred or indistinct fingerprint
s on
any of the copies of the application for registrati
on or on the voter's affidavit; or any person in ch
arge of
the registration of voters who deliberately or thro
ugh negligence, causes or allows the imprinting of
blurred or indistinct fingerprints on any of the af
orementioned registration forms, or any person who
tampers with the fingerprints in said registration
records.
(4) Any member of the board of election inspectors
who approves any application which on its face
shows that the applicant does not possess all the q
ualifications prescribed by law for a voter; or who
disapproves any application which on its face shows
that the applicant possesses all such
qualifications.
(5) Any person who, being a registered voter, regis
ters anew without filing an application for
cancellation of his previous registration.
(6) Any person who registers in substitution for an
other whether with or without the latter's knowledg
e or
consent.
(7) Any person who tampers with or changes without
authority any data or entry in any voter's
application for registration.
(8) Any person who delays, hinders or obstruct anot
her from registering.
(9) Any person who falsely certifies or identifies
another as a bona fide resident of a particular pla
ce or
locality for the purpose of securing the latter's r
egistration as a voter.
(10) Any person who uses the voter's affidavit of a
nother for the purpose of voting, whether or not he
actually succeeds in voting.
(11) Any person who places, inserts or otherwise in
cludes, as approved application for registration in
the book of voters or in the provincial or national
central files of registered voters, the applicatio
n of any
fictitious voter or any application that has not be
en approved; or removes from, or otherwise takes ou
t of
the book of voters or the provincial or national ce
ntral files of registered voters any duly approved
voter's application, except upon lawful order of th
e Commission, or of a competent court or after prop
er
cancellation as provided in Sections 122, 123, 124
and 125 hereof.
(12) Any person who transfers or causes the transfe
r of the registration record of a voter to the book
of
voters of another polling place, unless said transf
er was due to a change of address of the voter and
the
voter was duly notified of his new polling place.
(13) Any person who asks, demands, takes, accepts o
r possesses, directly or indirectly, the voter's
affidavit of another, in order to induce the latter
to withhold his vote, or to vote for or against an
y
candidate in an election or any issue in a plebisci
te or referendum. It shall be presumed prima facie
that
the asking, demanding, taking, accepting, or posses
sing is with such intent if done within the period
beginning ten days before election day and ending t
en days after election day, unless the voter's
affidavit of another and the latter are both member
s of the same family.
(14) Any person who delivers, hands over, entrusts,
gives, directly or indirectly his voter's affidavi
t to
another in consideration of money or other benefit
or promises thereof, or takes or accepts such voter
's
affidavit directly or indirectly, by giving or caus
ing the giving of money or other benefit or making
or
causing the making of a promise thereof.
(15) Any person who alters in any manner, tears, de
faces, removes or destroys any certified list of
voters.
(16) Any person who takes, carries or possesses any
blank or unused registration form already issued
to a city or municipality outside of said city or m
unicipality except as otherwise provided in this Co
de or
when directed by express order of the court or of t
he Commission.
(17) Any person who maliciously omits, tampers or t
ransfers to another list the name of a registered
voter from the official list of voters posted outsi
de the polling place.
(z) On voting:
(1) Any person who fails to cast his vote without j
ustifiable excuse.
(2) Any person who votes more than once in the same
election, or who, not being a registered voter,
votes in an election.
(3) Any person who votes in substitution for anothe
r whether with or without the latter's knowledge
and/or consent.
(4) Any person who, not being illiterate or physica
lly disabled, allows his ballot to be prepared by
another, or any person who prepares the ballot of a
nother who is not illiterate or physically disabled
,
with or without the latter's knowledge and/or conse
nt.
(5) Any person who avails himself of any means of s
cheme to discover the contents of the ballot of a
voter who is preparing or casting his vote or who h
as just voted.
(6) Any voter who, in the course of voting, uses a
ballot other than the one given by the board of
election inspectors or has in his possession more t
han one official ballot.
(7) Any person who places under arrest or detains a
voter without lawful cause, or molests him in such
a manner as to obstruct or prevent him from going t
o the polling place to cast his vote or from return
ing
home after casting his vote, or to compel him to re
veal how he voted.
(8) Any member of the board of election inspectors
charged with the duty of reading the ballot during
the counting of votes who deliberately omits to rea
d the vote duly written on the ballot, or misreads
the
vote actually written thereon or reads the name of
a candidate where no name is written on the ballot.
(9) Any member of the board of election inspectors
charged with the duty of tallying
the votes in the tally board or sheet, election ret
urns or other prescribed form who deliberately fail
s to
record a vote therein or records erroneously the vo
tes as read, or records a vote where no such vote
has been read by the chairman.
(10) Any member of a board of election inspectors w
ho has made possible the casting of more votes
than there are registered voters.
(11) Any person who, for the purpose of disrupting
or obstructing the election process or causing
confusion among the voters, propagates false and al
arming reports or information or transmits or
circulates false orders, directives or messages reg
arding any matter relating to the printing of offic
ial
ballots, the postponement of the election, the tran
sfer of polling place or the general conduct of the
election.
(12) Any person who, without legal authority, destr
oys, substitutes or takes away from the possession
of
those having legal custody thereof, or from the pla
ce where they are legally deposited, any election
form or document or ballot box which contains offic
ial ballots or other documents used in the election
.
(13) Any person having legal custody of the ballot
box containing the official ballots used in the ele
ction
who opens or destroys said box or removes or destro
ys its contents without or against the order of the
Commission or who, through his negligence, enables
any person to commit any of the aforementioned
acts, or takes away said ballot box from his custod
y.
(14) Any member of the board of election inspectors
who knowingly uses ballots other than the official
ballots, except in those cases where the use of eme
rgency ballots is authorized.
(15) Any public official who neglects or fails to p
roperly preserve or account for any ballot box,
documents and forms received by him and kept under
his custody.
(16) Any person who reveals the contents of the bal
lot of an illiterate or disabled voter whom he
assisted in preparing a ballot.
(17) Any person who, without authority, transfers t
he location of a polling place.
(18) Any person who, without authority, prints or c
auses the printing of any ballot or election return
s that
appears as official ballots or election returns or
who distributes or causes the same to be distribute
d for
use in the election, whether or not they are actual
ly used.
(19) Any person who, without authority, keeps, uses
or carries out or causes to be kept, used or carri
ed
out, any official ballot or election returns or pri
nted proof thereof, type-form mould, electro-type p
rinting
plates and any other plate, numbering machines and
other printing paraphernalia being used in
connection with the printing of official ballots or
election returns.
(20) Any official or employee of any printing estab
lishment or of the Commission or any member of the
committee in charge of the printing of official bal
lots or election returns who causes official ballot
s or
election returns to be printed in quantities exceed
ing those authorized by the Commission or who
distributes, delivers, or in any manner disposes of
or causes to be distributed, delivered, or dispose
d of,
any official ballot or election returns to any pers
on or persons not authorized by law or by the
Commission to receive or keep official ballots or e
lection returns or who sends or causes them to be
sent to any place not designated by law or by the C
ommission.
(21) Any person who, through any act, means or devi
ce, violates the integrity of any official ballot o
r
election returns before or after they are used in t
he election.
(22) Any person who removes, tears, defaces or dest
roys any certified list of candidates posted inside
the voting booths during the hours of voting.
(23) Any person who holds or causes the holding of
an election on any other day than that fixed by law
or by the Commission, or stops any election being l
egally held.
(24) Any person who deliberately blurs his fingerpr
int in the voting record.
(aa) On Canvassing:
(1) Any chairman of the board of canvassers who fai
ls to give due notice of the date, time and place o
f
the meeting of said board to the candidates, politi
cal parties and/or members of the board.
(2) Any member of the board of canvassers who proce
eds with the canvass of the votes and/or
proclamation of any candidate which was suspended o
r annulled by the Commission.
(3) Any member of the board of canvassers who proce
eds with the canvass of votes and/or
proclamation of any candidate in the absence of quo
rum, or without giving due notice of the date, time
and place of the meeting of the board to the candid
ates, political parties, and/or other members of th
e
board.
(4) Any member of the board of canvassers who, with
out authority of the Commission, uses in the
canvass of votes and/or proclamation of any candida
te any document other than the official copy of the
election returns.
(bb) Common to all boards of election inspectors an
d boards of canvassers:
(1) Any member of any board of election inspectors
or board of canvassers who deliberately absents
himself from the meetings of said body for the purp
ose of obstructing or delaying the performance of i
ts
duties or functions.
(2) Any member of any board of election inspectors
or board of canvassers who, without justifiable
reason, refuses to sign and certify any election fo
rm required by this Code or prescribed by the
Commission although he was present during the meeti
ng of the said body.
(3) Any person who, being ineligible for appointmen
t as member of any board of election inspectors or
board of canvassers, accepts an appointment to said
body, assumes office, and actually serves as a
member thereof, or any of public officer or any per
son acting in his behalf who appoints such ineligib
le
person knowing him to be ineligible.
(4) Any person who, in the presence or within the h
earing of any board of election inspectors or board
of
canvassers during any of its meetings, conducts him
self in such a disorderly manner as to interrupt or
disrupt the work or proceedings to the end of preve
nting said body from performing its functions, eith
er
partly or totally.
(5) Any public official or person acting in his beh
alf who relieves any member of any board of electio
n
inspectors or board of canvassers or who changes or
causes the change of the assignments of any
member of said board of election inspectors or boar
d of canvassers without authority of the
Commission.
(cc) On candidacy and campaign:
(1) Any political party which holds political conve
ntions or meetings to nominate its official candida
tes
earlier that the period fixed in this Code.
(2) Any person who abstracts, destroys or cancels a
ny certificate of candidacy duly filed and which ha
s
not been cancelled upon order of the Commission.
(3) Any person who misleads the board of election i
nspectors by submitting any false or spurious
certificate of candidacy or document to the prejudi
ce of a candidate.
(4) Any person who, being authorized to receive cer
tificates of candidacy, receives any certificate of
candidacy outside the period for filing the same an
d makes it appear that said certificate of candidac
y
was filed on time; or any person who, by means of f
raud, threat, intimidation, terrorism or coercion,
causes or compels the commission of said act.
(5) Any person who, by any device or means, jams, o
bstructs or interferes with a radio or television
broadcast of any lawful political program.
(6) Any person who solicits votes or undertakes any
propaganda, on the day of election, for or against
any candidate or any political party within the pol
ling place or within a radius of thirty meters ther
eof.
(dd) Other prohibitions:
(1) Any person who sells, furnishes, offers, buys,
serves or takes intoxicating liquor on the days fix
ed by
law for the registration of voters in the polling p
lace, or on the day before the election or on elect
ion day:
Provided, That hotels and other establishments duly
certified by the Ministry of Tourism as tourist
oriented and habitually in the business of catering
to foreign tourists may be exempted for justifiabl
e
reasons upon prior authority of the Commission: Pro
vided, further, That foreign tourists taking
intoxicating liquor in said authorized hotels or es
tablishments are exempted from the provisions of th
is
subparagraph.
(2) Any person who opens in any polling place or wi
thin a radius of thirty meters thereof on election
day
and during the counting of votes, booths or stalls
of any kind for the sale, dispensing or display of
wares, merchandise or refreshments, whether solid o
r liquid, or for any other purposes.
(3) Any person who holds on election day, fairs, co
ckfights, boxing, horse races, jai-alai or any othe
r
similar sports.
(4) Refusal to carry election mail matter. - Any op
erator or employee of a public utility or transport
ation
company operating under a certificate of public con
venience, including government-owned or controlled
postal service or its employees or deputized agents
who refuse to carry official election mail matters
free of charge during the election period. In addit
ion to the penalty prescribed herein, such refusal
shall
constitute a ground for cancellation or revocation
of certificate of public convenience or franchise.
(5) Prohibition against discrimination in the sale
of air time. - Any person who operates a radio or
television station who without justifiable cause di
scriminates against any political party, coalition
or
aggroupment of parties or any candidate in the sale
of air time. In addition to the penalty prescribed
herein, such refusal shall constitute a ground for
cancellation or revocation of the franchise.
Section 262.
Other election offenses. -
Violation of the provisions, or pertinent portions
, of the following sections of this
Code shall constitute election offenses: Sections 9
, 18, 74, 75, 76, 80, 81, 82, 83, 84, 85, 86, 87, 8
8, 89, 95, 96, 97, 98,
99, 100, 101, 102, 103, 104, 105, 106 107, 108, 109
, 110, 111, 112, 122, 123, 127, 128, 129, 132, 134,
135, 145, 148,
150, 152, 172, 173, 174, 178, 180, 182, 184, 185, 1
86, 189, 190, 191, 192, 194, 195, 196, 197, 198, 20
2, 203, 204, 205,
206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 2
16, 217, 218, 219, 220, 223, 229, 230, 231, 233, 23
4, 235, 236, 239
and 240.
Section 263.
Persons criminally liable. -
The principals, accomplices, and accessories, as d
efined in the Revised Penal
Code, shall be criminally liable for election offen
ses. If the one responsible be a political party or
an entity, its president or
head, the officials and employees of the same, perf
orming duties connected with the offense committed
and its members
who may be principals, accomplices, or accessories
shall be liable, in addition to the liability of su
ch party or entity.
Section 264.
Penalties. -
Any person found guilty of any election offense un
der this Code shall be punished with
imprisonment of not less than one year but not more
than six years and shall not be subject to probati
on. In addition, the
guilty party shall be sentenced to suffer disqualif
ication to hold public office and deprivation of th
e right of suffrage. If he is
a foreigner, he shall be sentenced to deportation w
hich shall be enforced after the prison term has be
en served. Any
political party found guilty shall be sentenced to
pay a fine of not less than ten thousand pesos, whi
ch shall be imposed
upon such party after criminal action has been inst
ituted in which their corresponding officials have
been found guilty.
In case of prisoner or prisoners illegally released
from any penitentiary or jail during the prohibite
d period as provided in
Section 261, paragraph (n) of this Code, the direct
or of prisons, provincial warden, keeper of the jai
l or prison, or persons
who are required by law to keep said prisoner in th
eir custody shall, if convicted by a competent cour
t, be sentenced to
suffer the penalty of prision mayor in its maximum
period if the prisoner or prisoners so illegally re
leased commit any act
of intimidation, terrorism of interference in the e
lection.
Any person found guilty of the offense of failure t
o register or failure to vote shall, upon convictio
n, be fined one hundred
pesos. In addition, he shall suffer disqualificatio
n to run for public office in the next succeeding e
lection following his
conviction or be appointed to a public office for a
period of one year following his conviction.
Section 265.
Prosecution. -
The Commission shall, through its duly authorized
legal officers, have the exclusive power to
conduct preliminary investigation of all election o
ffenses punishable under this Code, and to prosecut
e the same. The
Commission may avail of the assistance of other pro
secuting arms of the government: Provided, however,
That in the
event that the Commission fails to act on any compl
aint within four months from his filing, the compla
inant may file the
complaint with the office of the fiscal or with the
Ministry of Justice for proper investigation and p
rosecution, if warranted.
Section 266.
Arrest in connection with the election campaign. -
No person shall be arrested and/or detained at any
time
for any alleged offense committed during and in con
nection with any election through any act or langua
ge tending to
support or oppose any candidate, political party or
coalition of political parties under or pursuant t
o any order of whatever
name or nature and by whomsoever issued except only
upon a warrant of arrest issued by a competent jud
ge after all the
requirements of the Constitution shall have been st
rictly complied with.
If the offense charged is punishable under a presid
ential decree whether originally or by amendment of
a previous law,
the death penalty shall not be imposed upon the off
ender except where murder, rape or arson is involve
d. In all cases, the
penalty shall not be higher than reclusion perpetua
and the offender shall be entitled to reasonable b
ail upon sufficient
sureties to be granted speedily by the competent co
urt. Moreover, loss of the right of citizenship and
confiscation of
property shall not be imposed.
Any officer or a person who shall violate any provi
sion of this section shall be punished by imprisonm
ent of not less than
six (6) years and one (1) day nor more than twelve
(12) years, with the accessory penalties for electi
on offenses. The
provision of Section 267 of this Code shall not app
ly to prosecution under this section.
Section 267.
Prescription. -
Election offenses shall prescribe after five years
from the date of their commission. If the
discovery of the offense be made in an election con
test proceedings, the period of prescription shall
commence on the
date on which the judgment in such proceedings beco
mes final and executory.
Section 268.
Jurisdiction of courts. -
The regional trial court shall have the exclusive
original jurisdiction to try and decide
any criminal action or proceedings for violation of
this Code, except those relating to the offense of
failure to register or
failure to vote which shall be under the jurisdicti
on of the metropolitan or municipal trial courts. F
rom the decision of the
courts, appeal will lie as in other criminal cases.
Section 269.
Preferential disposition of election offenses. -
The investigation and prosecution of cases involvi
ng violations
of the election laws shall be given preference and
priority by the Commission on Elections and prosecu
ting officials. Their
investigation shall be commenced without delay, and
shall be resolved by the investigating officer wit
hin five days from its
submission for resolution. The courts shall likewis
e give preference to election offenses over all oth
er cases, except
petitions for writ of habeas corpus. Their trial sh
all likewise be commenced without delay, and shall
be conducted
continuously until terminated, and the case shall b
e decided within thirty days from its submission fo
r decision.
ARTICLE XXIII
LEGAL FEES
Section 270.
Collection of legal fees. -
The Commission is hereby authorized to collect fee
s as follows:
(a) For furnishing certified transcript of records
or copies of any record, decision or ruling or entr
y of which any
person is entitled to demand and receive a copy, fo
r every page P 2.00
(b) For every certificate or writ or process 10.00
(c) For each certificate not on process 2.00
(d) In appropriate cases, for filing a second and s
ucceeding motions for reconsideration 50.00
(e) For every search of any record of more than one
year's standing and reading the same 10.00
Section 271.
Payment of Fees. -
The fees mentioned in the preceding section shall
be paid to the cashier of the
Commission who shall in all cases issue a receipt f
or the same and shall enter the amount received upo
n his book
specifying the date when received, the fee, and the
person from whom received. The cashier shall immed
iately report
such payment to the Commission.
ARTICLE XXIV
TRANSITORY PROVISIONS
Section 272.
Pending actions. -
Pending actions and causes of action arising befor
e the effectivity of this Code shall be
governed by the laws then in force.
Section 273.
Designation of certain pre-election acts immediatel
y after the approval of this Code. -
If it should no longer
be reasonably possible to observe the periods and d
ates herein prescribed for certain pre-election act
s in the election
immediately following the approval of this Code, th
e Commission shall fix other periods in order to en
sure that voters shall
not be deprived of their right of suffrage.
Section 274.
Accreditation of dominant opposition party. -
For purposes of the next local elections in 1986 a
nd the next
presidential elections in 1987 or earlier, the domi
nant opposition party shall be that political party
, group or organization or
coalition of major national or regional political p
arties opposed to the majority party which has the
capability to wage a
bona fide nationwide campaign as shown by the exten
t of its organization and the number of Members of
Parliament
affiliated with it: Provided, however, That with sp
ecific reference to the next local elections in con
stituencies which are
represented in the Batasang Pambansa by Members who
do not belong either to the majority party or to t
he political party
or coalition of political parties described above,
the representatives of the opposition in the board
of election inspectors,
board of canvassers or other similar bodies shall b
e proposed exclusively by the party to which said M
ember of the
Batasang Pambansa belong: Provided, however, That i
t is registered before the next local elections.
Any political party, group or organization or coali
tion of political parties seeking accreditation und
er this section shall file a
verified petition with the Commission on Elections
stating therein such information as may be necessar
y to enable the
Commission to determine the qualifications for accr
editation in accordance with the standard herein pr
ovided.
The Commission on Elections shall accredit the domi
nant opposition party not later than thirty days be
fore the campaign
period in every election.
In case a presidential election is held before the
next local elections or before the presidential ele
ction in 1987, the
provisions of the Constitution shall be enforced in
determining which shall be the dominant opposition
party for purposes
of the next local elections.
Section 275.
Party representatives in the board of election insp
ectors. -
Until such time as the two accredited political
parties are determined in accordance with the provi
sions of the Constitution, the two members shall ea
ch be proposed by
the ruling party and the dominant opposition party
as may be determined by the Commission pursuant to
the provisions of
this Code.
Section 276.
Appropriations, and insurance for board of election
inspectors. -
The cost of holding the next local elections
provided in this Code shall be funded out of the cu
rrent appropriations of the Commission on Elections
provided for this
purpose. In case of deficiency, additional funding
may be provided out of the special activities fund
intended for special
priority activities authorized in the General Appro
priations Act.
The chairman and the poll clerk of the board of ele
ction inspectors shall receive per diem at the rate
of one hundred pesos
on election day and fifty pesos on each of the regi
stration and revision days. The inspectors of the p
olitical parties shall be
granted a per diem of fifty pesos on election day a
nd twenty-five pesos on each of the registration an
d revision days.
Education support personnel of the Ministry of Educ
ation, Culture and Sports shall receive a per diem
of twenty-five pesos
during election day.
Supervisors, principals and other administrators of
the Ministry of Education, Culture and Sports who
may be asked by the
Commission, and actually report, for supervisory as
signment during registration and election day shall
be entitled to a per
diem of fifty pesos.
The provincial, city and municipal treasurers shall
receive per diem at the rate of one hundred pesos
on election day.
Payments of per diems under this section shall be m
ade within seventy-two hours after the election or
registration day.
The chairman, poll clerk and party representatives
in the board of election inspectors shall be insure
d with the government
Service Insurance System at fifty thousand pesos ea
ch under terms and conditions that shall be agreed
upon by the
Chairman of the Commission, the Ministries of the B
udget, and the Minister of Education, Culture and S
ports.
Section 277.
Special election for President before 1987. -
In case a vacancy in the Office of the President o
ccurs before
the presidential election in 1987, the Speaker of t
he Batasang Pambansa shall act as President until a
President and a
Vice-President or either of them shall have been el
ected and shall have qualified. Their term of offic
e shall commence at
noon of the tenth day following their proclamation,
and shall end at noon on the thirtieth day of June
of the sixth year
thereafter.
The Acting President may not declare martial law or
suspend the privilege of the writ of habeas corpus
without the prior
consent of at least a majority of all the Members o
f the Batasang Pambansa, or issue any decree, order
or letter of
instructions while the lawmaking power of the Presi
dent is in force. He shall be deemed automatically
on leave and the,
Speaker Pro-Tempore shall act as Speaker. While act
ing as President, the Speaker may not be removed. H
e shall not be
eligible for election in the immediately succeeding
election for President and Vice-President.
The Batasang Pambansa shall, at ten o'clock in the
morning of the third day after the vacancy occurs,
convene in
accordance with its rules without need of a call an
d within seven days enact a law calling for a speci
al election to elect a
President and a Vice-president to be held not earli
er than forty-five days nor later than sixty days f
rom the time of such
call. The bill calling such special election shall
be deemed certified under paragraph (2), Section 19
, Article VIII of the
Constitution and shall become law upon its approval
on third reading by the Batasang Pambansa. Appropr
iations for the
special election shall be charged against any curre
nt appropriations and shall be exempt from the requ
irements of
paragraph (4), Section 16 of Article VIII of the Co
nstitution. As provided in the third paragraph, Sec
tion 9 of Article VII
thereof, the convening of the Batasang Pambansa can
not be suspended nor the special election postponed
. No special
election shall be called if the vacancy occurs with
in seventy days before the date of the presidential
election of 1987.
Appointments extended by the Acting President shall
remain effective, unless revoked by the newly elec
ted President
within ninety days from his assumption of office.
Section 278.
Special election to fill existing vacancies in the
Batasang Pambansa. -
The election of Members to fill
existing vacancies in the Batasang Pambansa shall b
e held simultaneously with the next local election
in 1986 or in the
next special national election for President and Vi
ce-President if one is held earlier.
Section 279.
Elective officials in existing sub-provinces. -
The election of elective public officials in existi
ng sub-provinces
shall likewise be held simultaneously with the next
local elections of 1986 and 1990 in accordance wit
h their respective
charters, subject to the same term, qualifications,
manner of election and resolution of election cont
roversies as are herein
provided for comparable provincial elective officia
ls.
ARTICLE XXV
FINAL PROVISIONS
Section 280.
Reorganization of the Commission on Elections. -
In order to promote maximum efficiency in carrying
out its
constitutional duty to insure free, orderly and hon
est elections and in discharging its judicial power
s and functions under
the Constitution, the Commission is hereby authoriz
ed to reorganize its office within twelve months af
ter the first election
to be held under this Code. It may create, merge, o
r abolish departments, offices, divisions or units,
redistribute functions
and reassign personnel, change designations of exis
ting positions subject to pertinent existing laws a
nd regulations. It
may recommend the levels and rates of salaries of i
ts subordinate officials and employees subject to t
he laws and
regulations on civil service and compensation, posi
tion classification and standardization of salaries
: Provided, That no
permanent official or employee already in the servi
ce of the Commission, upon approval of this Code, s
hall be laid off, or
demoted in rank or salary.
Section 281.
Separability clause. -
If for any reason any section or provision of this
Code, or any portion thereof, or the
application of such section, provision or portion t
o any person, group or circumstance is declared inv
alid or
unconstitutional, the remainder of this Code or the
application of such section, provision or portion
thereof to other
persons, groups or circumstances shall not be affec
ted by such declaration.
Section 282.
Repealing clause. -
Presidential Decree No. 1296, otherwise known as T
he 1978 Election Code, as
amended, is hereby repealed. All other election law
s, decrees, executive orders, rules and regulations
, or parts thereof,
inconsistent with the provisions of this Code are h
ereby repealed, except Presidential Decree No. 1618
and Batas
Pambansa Blg. 20 governing the election of the memb
ers of the Sangguniang Pampook of Regions IX and XI
I.
Section 283.
Effectivity. -
This Code shall take effect upon its approval.
Approved, December 3, 1985.
(1) In case a vacancy arises in the Batasang Pambansa eighteen months or more before a regular election,
the Commission shall call a special election to be heldwithin sixty days after the vacancy occurs to elect the Member
to serve the unexpired term.
(2) In case of the dissolution of the Batasang Pambansa, the President shall call an election which shall not be
held earlier than forty-five nor later than sixty days 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 supervisors and election registrars for dissemination, who shall post copies thereof in at least three
conspicuous places preferably where public meetingsare held in each city or municipality affected.
Section 8
Election Code to be available in polling places. - A printed copy of this Code in English or in the national
language shall be provided and be made available by the Commission in every polling place, in order that it may be
readily consulted by any person in need thereof onthe registration, revision and election days.
Section 9
Official mail and telegram relative to elections. - Papers connected with the election and required by this Code
to be sent by public officers in the performance of their election duties shall be free of postage and sent by registered
special delivery mail. Telegrams of the same nature shall likewise be transmitted free of charge by
government telecommunications and similar facilities. It shall be the duty of the Postmaster General,
the Director of the Bureau of Telecommunications, and the managers of private telecommunication
companies to transmit immediately and in preference to all other communications or telegrams
messages reporting election results and such other messages or communications which the Commission may
require or may be necessary to ensure free, honest and orderly elections.
Section 10
Election expenses. - Except in barangay elections, such expenses as may be necessary and reasonable in
connection with the elections, referenda, plebiscites and other similar exercises shall be paid by the Commission.
The Commission may direct that in the provinces, cities, or municipalities, the election expenses chargeable to the
Commission be advanced by the province, city or municipality concerned subject to reimbursement by the Commission
upon presentation of the proper bill. Funds needed by the Commission to defray
the expenses for the holding of regular and special elections, referenda and plebiscites shall be provided in
the regular appropriations of the Commission which, upon request, shall immediately be released to the Commission.
In case of deficiency, the amount so provided shall be augmented from thespecial activities funds in the
general appropriations act and from those specifically appropriated for the purpose in special laws.
Section 11
Failure to assume office. - The office of any official elected who fails or refuses to take his oath of office within
six months from his proclamation shall be considered vacant, unless said failure is for a cause or causes beyond his control.
Section 12
Disqualifications. - Any person who has been declared by competent authority insane or incompetent, or has
been sentenced by final judgment for subversion, insurrection, rebellion or for any offense for which he has been
sentenced to a penalty of more than eighteen months or for a crime involving moral turpitude, shall be
disqualified to be a candidate and to hold any office, unless he has been given plenary pardon or granted amnesty.
This disqualifications to be a candidate herein provided shall be deemed removed upon the declaration by competent
authority that said insanity or incompetence had been removed or after the expiration of a period of five years from his
service of sentence, unless within the same period he again becomes disqualified
ARTICLE II
ELECTION OF PRESIDENT AND VICE-PRESIDENT
Section 13.
Regular election for President and Vice-President.- The regular election for President and Vice-President of the Philippines
shall be held on the first Monday of May Nineteen hundred eighty seven (1987) and on the same day
every six years thereafter. The President-elect and the Vice-President-elect shall assume office at twelve o'clock noon on
the thirtieth day of June next following the election and shall end at noon of the same date, six years thereafter when the
term of his successor shall begin.
Section 14
Special election for President and Vice-President.
-In case a vacancy occurs for the Office of the President and Vice-President, the Batasang Pambansa shall, at
ten o'clock in the morning of the third day after the vacancy occurs,
convene in accordance with its rules without need of a call and within seven days enact a law calling
for a special election to elect a President and a Vice-President to be hel
d not earlier than forty-five days nor later than sixty days from the time
of such call. The bill calling such special election shall be deemed certified under paragraph (2), Section 19, Article VIII of
the Constitution and shall become law upon its approval on third reading by the Batasang Pambansa. Appropriations for
the special election shall be charged against any current appropriations and shall be exempt from therequirements of
paragraph (4), Section 16 of Article VIII of the Constitution. The convening of the Batasang Pambansa cannot be
suspended nor the special election postponed. No special election shall be called if the vacancy occurs within seventy
days before the date of the presidential election of 1987.
Section 15
Canvass of votes for President and Vice-
President by the provincial or city board of canvassers. -
The provincial, city, or district boards of canvassers in Metropolitan Manila, as the case may be, shall meet not later than six
o'clock in the evening on election day to canvass the election returns that may have already been received by them,
respectively. It shall meet continuously from day to day until the canvass is completed, but may adjourn only for the
purpose of awaiting the other election returns. Each time the board adjourns, it shall make a total of all the votes cast for
each candidate for President and for Vice-President, duly authenticated by the signatures and thumbmarks of all the
members of the provincial, city or district board of canvassers, furnishing the Commission in Manila by the fastest means
of communication a copy thereof, and making available the data contained therein to mass media and other interested
parties. Upon the completion of the canvass, the board shall prepare a certificate of canvass showing the votes received
by each candidate for the office of the President and for Vice-President, duly authenticated by the signatures and
thumbmarks of all the members of the provincial, city or district board of canvassers. Upon the completion of the certificate of canvass,
the board shall certify and transmit the said certificate of canvass to the Speaker of the Batasang Pambansa.
The provincial, city and district boards of canvassers shall prepare the certificate of canvass for the election of President
and Vice-President, supported by a statement of votes by polling place, in quintuplicate by the use of carbon papers or
such other means as the Commission shall prescribe to the end that all five copies shall be legibly produced in one
handwriting. The five copies of the certificate of canvass must bear the signatures and thumbmarks of all the members of
the board. Upon the completion of these certificates and statements, they shall be enclosed in envelopes furnished by the
Commission and sealed, and immediately distributed as follows: the original copy shall be enclosed andsealed in the
envelope directed to the Speaker and delivered to him at the Batasang Pambansa by the fastest possible means;
the second copy shall likewise be enclosed and sealed in the envelope directed to the Commission; the third copy shall be
retained by the provincial election supervisor, in the case of the provincial board of canvassers, and by the city election
registrar, in the case of the city board of canvassers; and one copy each to the authorized representatives of the ruling
party and the dominant opposition political party. Failure to comply with the requirements of this section shall constitute an
election offense.
Section 16
Counting of votes for President and Vice-President by the Batasang Pambansa. -
The certificates of canvass, duly certified by the board of canvassers of each p
rovince, city or district in Metropolitan Manila shall be transmitted to the
Speaker of the Batasang Pambansa, who shall, not later than thirty days after the day of the election,
convene the Batasang Pambansa in session and in its presence open all the certificates of canvass, and the votes shall then be counted.
Section 17
Correction of errors in certificate and supporting
statement already transmitted to the Speaker. -
No correction of errors allegedly committed in the certificate of canvass and supporting statement already transmitted to the Speaker of
the Batasang Pambansa shall be allowed, subject to the provisions of the succeeding section.
Section 18
Preservation of ballot boxes, their keys, and disposition of their contents. -
Until after the completion by the Batasang Pambansa of the canvassing of the votes and until an uncontested
proclamation of the President-elect and Vice-President-elect shall have been obtained,
the provincial, city or district board of canvassers under the joint responsibility with the provincial,
city or municipal treasurers shall provide for the safekeeping and storage of the ballot
boxes in a safe and closed chamber secured by four padlocks: one to be provided by the corresponding
board chairman; one by the provincial or city treasurer concerned; and one each by the ruling party and the accredited
dominant opposition political party.
Section 19
When certificate of canvass is incomplete or bears erasures or alterations. -
When the certificate of canvass, duly certified by the board of canvassers of each p
rovince, city or district in Metropolitan Manila and transmitted to the
Speaker of the Batasang Pambansa, as provided in the Constitution, appears to be incomplete, the Speaker shall require
the board of canvassers concerned to transmit to his office, by personal delivery, the election returns from polling places
that were not included in the certificate of canvass and supporting statements. Said election returns shall be submitted by
personal delivery to the Speaker within two days from receipt of notice. When it appears that any cert
ificate of canvass or supporting statement of votes by polling place bear
s erasures or alterations which may cast doubt as to the veracity of the
number of votes stated therein and may affect the result of the election, the Batasang Pambansa upon request of the
Presidential or Vice-Presidential candidate concerned or his party shall, for the sole purpose of
verifying the actual number of votes cast for President or Vice-President, count the votes as they appear in the copies of
the election returns for the Commission. For this purpose, the Speaker shall require the Commission to deliver its copies of the election
returns to the Batasang Pambansa.
Section 20
Proclamation of the President-elect and Vice-President-elect. - Upon the completion of the canvass of the
votes by the Batasang Pambansa, the persons obtaining the highest number of votes for President and for Vice-President
shall be declared elected; but in case two or more shall have an equal and the highest number of votes, one of them shall
be chosen President or Vice-President, as the case may be, by a majority vote of all the Members of the
Batasang Pambansa in session assembled.
In case there are certificates of canvass which have not been submitted to the Speaker of the Batasang Pambansa on
account of missing election returns, a proclamation may be made if the missing certificates will not affect the results of the
election. In case the certificates of canvass which were not submitted on account of missing election returns will affect the results
of the election, no proclamation shall be made. The Speaker shall immediately instruct the boards of canvassers
concerned to obtain the missing election returns from the boards of election inspectors or, if the returns have been lost or
destroyed upon prior authority from the Commission,to use any authentic copy of said election returns for the purpose of
conducting the canvass, and thereafter issue the certificates of canvass. The certificates of canvass shall be immediately
transmitted to the Speaker of the Batasang Pambansa
.
Proclamation shall be made only upon submission of all certificates of canvass or when the missing certificates of
canvass will not affect the results of the election
.
ARTICLE III
ELECTION OF MEMBERS OF THE BATASANG PAMBANSA
Section 21.
Regular election of Members of the Batasang Pambansa. -
The regular election of the Members of the Batasang Pambansa shall be held on the second Monday of May, Nineteen hundred and ninety (1990) and on
the same day every six years thereafter.
Section 22
Special election for Members of the Batasang Pambansa. -
In case a vacancy arises in the Batasang
Pambansa eighteen months or more before a regular election, the Commission shall call a special election
to be held within sixty days after the vacancy occurs to elect the Member to serve the unexpired term.
The Batasang Pambansa through a duly approved resolution or an official communication of the Speaker when it is not in
session shall certify to the Commission the existence of said vacancy.
Section 23.
Composition of the Batasang Pambansa. -
The Batasang Pambansa shall be composed of not more than two hundred Members elected from the different provinces of the Philippines with their component cities, highly urbanized cities and districts of Metropolitan Manila, those elected or selected from various sectors as provided herein, and those chosen by the President from the members of the Cabinet.
Section 24.
Apportionment of representatives. -
Until a new apportionment shall have been made, the Members of the
Batasang Pambansa shall be apportioned in accordance with the Ordinance appended to the Constitution,
as follows:
National Capital Region:
Manila, 6;
Quezon City, 4;
Caloocan, 2;
Pasay, 1;
Pasig and Marikina, 2;
Las Piñas and Parañaque, 1;
Makati, 1;
Malabon, Navotas and Valenzuela, 2;
San Juan and Mandaluyong, 1;
Taguig, Pateros and Muntinglupa, 1.
Region I:
Abra, 1;
Benguet, 1;
Ilocos Norte with Laoag City, 2;
Ilocos Sur, 2;
La Union, 2;
Mountain Province, 1;
Pangasinan with the cities of Dagupan and San Carlos, 6;
Baguio City, 1.
Region II:
Batanes, 1;
Cagayan, 3;
Ifugao, 1;
Isabela, 3;
Kalinga-Apayao, 1;
Nueva Vizcaya, 1;
Quirino, 1.
Region III:
Bataan, 1;
Bulacan, 4;
Nueva Ecija with the cities of Cabanatuan, Palayan
and San Jose, 4;
Pampanga with Angeles City, 4;
Tarlac, 2;
Zambales, 1;
Olongapo City, 1.
Region IV:
Aurora, 1;
Batangas with the cities of Batangas and Lipa, 4;
Cavite with the cities of Cavite, Tagaytay and Trece Martires, 3;
Laguna with San Pablo City, 4;
Marinduque, 1;
Occidental Mindoro, 1;
Oriental Mindoro, 2;
Palawan with Puerto Princesa City, 1;
Quezon with Lucena City, 4;
Rizal, 2;
Romblon, 1.
Region V:
Albay with Legaspi City, 3;
Camarines Norte, 1;
Camarines Sur with the cities of Iriga and Naga, 4;
Catanduanes, 1;
Masbate, 2;
Sorsogon, 2.
Region VI:
Aklan, 1;
Antique, 1;
Capiz with Roxas City;
Iloilo with Iloilo City, 5;
Negros Occidental with the cities of Bacolod, Bago,
Cadiz, La Carlota, San Carlos and Silay, 7.
Region VII:
Bohol with Tagbilaran City, 3;
Cebu with the cities of Danao, Lapu-Lapu, Mandaue and Toledo, 6;
Negros Oriental with the cities of Bais, Canlaon and Dumaguete, 3;
Siquijor, 1;
Cebu City, 2.
Region VIII:
Leyte with the cities of Ormoc and Tacloban, 5;
Southern Leyte, 1;
Eastern Samar, 1;
Northern Samar, 1;
Samar with Calbayog City, 2.
Region IX:
Basilan, 1;
Sulu, 1;
Tawi-Tawi, 1;
Zamboanga del Norte with the cities of Dapitan and Dipolog, 2;
Zamboanga del Sur with Pagadian City, 3;
Zamboanga City, 1.
Region X:
Agusan del Norte with Butuan City, 1;
Agusan del Sur, 1;
Bukidnon, 2;
Camiguin, 1;
Misamis Occidental with the cities of Oroquieta, Ozamis and Tangub, 1;
Misamis Oriental with Gingoog City, 2;
Surigao del Norte with Surigao City, 1;
Cagayan de Oro City, 1.
Region XI:
Surigao del Sur, 1;
Davao del Norte, 3;
Davao Oriental, 1;
Davao del Sur, 2;
South Cotabato with General Santos City, 3;
Davao City, 2.
Region XII:
Lanao del Norte, 1;
Lanao del Sur with Marawi City, 2;
Maguindanao with Cotabato City, 2;
North Cotabato, 2;
Sultan Kudarat, 1;
Iligan City, 1.
Any province that may hereafter be created or any component city that may hereafter be declared by or pursuant to law
as a highly urbanized city shall be entitled in the immediately following election to at least one Member or such number of
Members as it may be entitled to on the basis of the number of the inhabitants and on the same uniform and progressive
ratio used in the last preceding apportionment. The number of Members apportioned to the province out of which the new
province was created or where the new highly urbanized city is geographically located shall be correspondingly adjusted
by the Commission, but such adjustment shall not be made within one hundred twenty days before the election.
Section 25.
Voting by province and its component cities, by highly urbanized city or by district in Metropolitan Manila. -
All candidates shall be voted at large by the registered voters of their respective constituencies. The candidates
corresponding to the number of Member or Members to be elected in a constituency who receive the highest number of
votes shall be declared elected.
Section 26.
Sectoral representatives. - There shall be three sectors to be represented in the Batasang Pambansa,
namely: (1) youth; (2) agricultural labor; (3) industrial labor whose representatives shall be elected in the manner herein
provided. Each sector shall be entitled to four representatives, two of whom shall come from Luzon, one from Visayas, and one from Mindanao: Provided, That the youth sector shall be entitled to two additional sectoral representatives who
shall be elected from any part of the country.
Section 27.
Scope of the sectors. - The agricultural labor sector covers all persons w
ho personally and physically till the land as their principal occupation. It includes agricultural tenants and lessees,
rural workers and farm employees, owner-cultivators, settlers and small fishermen.
The industrial labor sector includes all non-agricultural workers and employees.
The youth sector embraces persons not more than twenty-five years of age.
Section 28.
Selection of sectoral representatives. - Not later than twenty days after the election of provincial, city or
district representatives, the most representative and generally recognized organizations or aggroupmen
ts of members of the agricultural labor, industrial labor, and youth sectors, as attested to by the Ministers of Agrarian Reform
and of Agriculture and Food, the Ministers of Labor and Employment, and the Ministers of Local Government and of Education,
Culture and Sports, respectively, shall, in accordance with the procedures of said organizations or aggroupments of
members of the sector, submit to the President their respective nominees for each slot allotted for each sector.
The President shall appoint from among the nominees submitted by the aforementioned organizations or aggroupments the
representatives of each sector. In recognizing the most representative and generally recognized organizations or aggroupments,
the Ministers of Agrarian Reform and of Agriculture and Food, the Minister of Labor and Employment, and the Ministers of Local
Government and Education, Culture and Sports shall consider:
(a) The extent of membership and activity of the organization or aggroupment which should be national;
(b) The responsiveness of the organization or aggroupment to the legitimate aspirations of its sector;
(c) The militancy and consistency of the organization or aggroupment in espousing the cause and promoting the
welfare of the sector consistent with that of the whole country;
(d) The observance by such organization or aggroupm
ent of the rule of law; and
(e) Other analogous factors. The President of the Philippines shall, in writing, notify the Secretary-General of the
Batasang Pambansa of the appointment made by him of any sectoral representative.
Except as herein otherwise provided, sectoral representatives shall have the same functions, responsibilities, rights,
privileges, qualifications and disqualifications as the representatives from the provinces and their c
omponent cities, highly urbanized cities or districts of Metropolitan Manila.
ARTICLE IV
ELECTION OF LOCAL OFFICIALS
Section 29.
Regular elections of local officials. - The election of provincial, city and municipal officials whose positions are
provided for by the Local Government Code shall be held throughout the Philippines in the manner herein prescribed on
the first Monday of May, Nineteen hundred and eighty-six and on the same day every six years thereafter.
The officials elected shall assume office on the thirtieth day of June next following the election and shall hold office for six
years and until their successors shall have been elected and qualified.
All local incumbent officials whose tenure of office shall expire on March 23, 1986 shall hold office
until June 30, 1986 or until their successors shall have been elected and qualified: Provided, That they cannot be
suspended or removed without just cause.
Section 30.
Component and highly urbanized cities. - Unless their respective charters provide otherwise, the electorate of
component cities shall be entitled to vote in the election for provincial officials of the province of which it is a part.
The electorate of highly urbanized cities shall not vote in the election for provincial officials of the province in which it is
located: Provided, however, That no component city shall be declared or be entitled to a highly urbanized city status within
ninety days prior to any election.
ARTICLE V
ELECTION OF MEMBERS OF THE REGIONAL ASSEMBLY OF THE
AUTONOMOUS REGIONS.
Section 31.
The Sangguniang Pampook of the autonomous regions.- Region IX and Region XII in southern Philippines
shall each have a Sangguniang Pampook to be composed of twenty-seven members and shall include seventeen
representatives elected from the different provinces and cities of each region, and a sectoral representative each from
among the youth, agricultural workers, and non-agricultural workers (industrial labor) of each region
to be selected in the manner herein provided whose qualifications and
disqualifications are the same as Members of the Batasang Pambansa.
The President shall appoint an additional seven representatives in each region whenever in his judgment any other sector
is not properly represented in the Sangguniang Pampook as a result of the elections.
Section 32.
Apportionment of members of the Sangguniang Pampook. - The Members of the Sangguniang Pampook of
Region IX and of Region XII shall be apportioned as
follows:
Region IX:
Basilan, one (1);
Sulu, three (3);
Tawi-Tawi, one (1);
Zamboanga del Norte including the cities of Dipolog and Dapitan, four, (4);
and Zamboanga del Sur, including the City of Pagadian, six (6);
and Zamboanga City, two (2);
Region XII:
Lanao del Norte, two (2); Iligan City, one (1);
Lanao del Sur including the City of Marawi, four (4);
Maguindanao including the City of Cotabato, four (4);
North Cotabato, four (4);
and Sultan Kudarat, two (2).
Section 33.
Election of members of Sangguniang Pampook. - The candidates for the position of seventeen
representatives to the Sangguniang Pampook of Region IX and of Region XII shall be voted at large by the registered
voters of each province including the cities concerned.
The candidates corresponding to the number of member or members to be elected in a constituency who receive the
highest number of votes shall be declared elected.
Section 34.
Selection of sectoral representatives. -The President shall, within thirty days from the convening of each
Sangguniang Pampook, appoint the sectoral representatives on recommendation of the Sangguniang Pampook and after
due consultation with the representative and generally recognized organizations or aggrupations of members of the youth,
agricultural workers and non-agricultural workers as attested by the Ministers of Local Government and of Education,
Culture and Sports (youth), Ministers of Agrarian Reform and of Agriculture and Food (agricultural workers), and Ministers
of Labor and Employment (non-agricultural or industrial labor). The President of the Philippines shall in writing
notify the Speaker of the Sangguniang Pampook of each region of the appointment made by him of any sectoral representative.
The sectoral representatives shall have the same functions, responsibilities, rights, privileges, qualifications and
disqualifications as the elective provincial representatives to the Sangguniang Pampook: Provided, how ever, That no
defeated candidate for member of the Sangguniang Pampook in the immediately preceding election shall be appointed as
sectoral representative.
Section 35.
Filling of vacancy. - Pending an election to fill a vacancy arising from any cause in the Sangguniang
Pampook, the vacancy shall be filled by the President, upon recommendation of the Sangguniang Pampook: Provided,
That the appointee shall come from the same province or sector of the member being replaced.
Section 36.
Term of office. - The present members of the Sangguniang Pampook of each of Region IX and Region XII
shall continue in office until June 30, 1986 or until their successors shall have been elected and qualified or appointed and
qualified in the case of sectoral members. They maynot be removed or replaced except in accordance with the internal
rules of said assembly or provisions of pertinent laws. The election of members of the Sangguniang Pampook
of the two regions shall be held simultaneously with the local elections of 1986. Those elected in said elections
shall have a term of four years starting June 30, 1986. Those elected in the election of 1990 to be held si
multaneously with the elections of Members of the Batasang Pambansa shall have a term of six years.
ARTICLE VI
ELECTION OF BARANGAY OFFICIALS
Section 37.
Regular election of barangay officials. - The election for barangay officials shall be held throughout the
Philippines in the manner prescribed on the second Monday of May Nineteen hundred and eighty-eight and on the same
day every six years thereafter. The officials elected shall assume office on the thirtieth day of June next following the election and
shall hold office for six years and until their successors shall have been elected and qualified.
Section 38.
Conduct of elections. - The barangay election shall be non-partisan and shall be conducted in an expeditious
and inexpensive manner. No person who files a certificate of candidacy shall represent or allow himself to be represented as a
candidate of any political party or any other organization; and no p
olitical party, political group, political committee, civic, religious,
professional, or other organization or organized group of whatever nature shall intervene in his nomin0ation
or in the filingof his certificate of candidacy or give aid or support, directly or indirectly, material or otherwise
favorable to or against his campaign for election: Provided, That this provision shall not apply to the members of the family of a
candidate within the fourth civil degree of consanguinity or affinity nor to the personal campaign staff of the candidate which shall not be more than one for every one hundred registered voters in his barangay: Provided, however,
That without prejudice to any liability that may be incurred, no permit to hold a public meeting shall be denied on the ground that
the provisions of this paragraph may or will be violated. Nothing in this section, however, shall be construe
d as in any manner affecting or constituting an impairment of the freedom of individuals to support or oppose
any candidate for any barangay office.
Section 39.
Certificate of Candidacy. -
No person shall be elected punong barangay or kagawad ng sangguniang
barangay unless he files a sworn certificate of candidacy in triplicate on any day from the commenceme
nt of the election period but not later than the day before the beginning of the campaign period in a form to be prescribed by theCommission. The candidate shall state the barangay office for which he is a candidate.
The certificate of candidacy shall be filed with the secretary of the sangguniang barangay who shall have the ministerial
duty to receive said certificate of candidacy and to immediately acknowledge receipt thereof. In case the secretary refuses to receive the same,
or in the case of his absence or non-availability, a candidate may file
his certificate with the election registrar of the city or municipality concerned. The secretary of the sangguniang barangay or the election registrar, as the case may be, shall prepare a consolidated list all the candidates and shall post said list in the
barangay hall and in other conspicuous places in the barangay at least ten
days before the election. Any elective or appointive municipal, city, provincial or national official or employee,
or those in the civil or military service, including those in government-owned or controlled corporations,
shall be considered automatically resigned upon the filing of certificate of candidacy for a barangay office.
Section 40.
Board of Election Tellers. -
(1) The Commission shall constitute not later than ten days before the election a board of election tellers in every
barangay polling place, to be composed of a public elementary school teacher as chairman, and two members
who are registered voters of the polling place concerned, but who are not incumbent barangay officials nor related to any candidate for any position in that barangay within the fourth civil degree of affinity or consanguinity.
In case no public elementary school teachers are available, the Commission shall designate any registered voter
in the polling place who is not an incumbent barangay official nor related to any candidate for any position in that
barangay within the fourth civil degree of affinity or consanguinity.
(2) The board of election tellers shall supervise and conduct the election in their respective polling places, count the votes and thereafter prepare a report in triplicate on a form prescribed by the Commission. The original of this report shall be delivered immediately to the b
arangay board of canvassers. The second copy shall be
delivered to the election registrar and the third copy shall be delivered to the secretary of the sangguniang
barangay who shall keep the same on file.
Section 41.
Registration of voters and list of voters. - Not later than seven days before the election, the board of election
tellers shall meet in every barangay polling place to conduct the registration of barangay voters and to prepare the list of
voters. Any voter may challenge the qualification of any person seeking to register and said challenge shall be heard and
decided on the same day by the board of election tellers.
The final list of voters shall be posted in the polling places at least two days before election day.
The registration of any voter shall not be transferred without written notice at least two days before the date of election.
Not later than the day following the barangay election, the board of election tellers shall deliver the list of voters to the
election registrar for custody and safekeeping.
Section 42.
Polling places. -
(1) The chairman of the board of election tellers shall designate the public school or any other public building within
the barangay to be used as polling place in case the barangay has one election precinct.
(2) For barangays with two or more election precincts the chairman of the board of canvassers shall designate the public
school or any other public building to be used as polling place. In case there is no public school or other public building that can be used as polling places, other appropriate private buildings may be designated: Provided, That such buildings are not owned or occupied or possessed by any incumbent elective public official or candidate, or his relative within the fourth civil degree of consanguinity
or affinity. The polling place shall be centrally located as possible, always taking into consideration the convenience and safety of the voters.
Section 43.
Official barangay ballots. - The official barangay ballots shall be provided by the city or municipality
concerned of a size and color to be prescribed by the Commission. Such official ballots shall, before they are handed
to the voter at the polling place, be authenticated in the presence of the voter, by the authorized representatives of the candidates and the chairman and members of the board of election tellers who shall affix their signatures at the back thereof.
Any ballot which is not authenticated shall be deemed spurious.
Section 44.
Ballot boxes. - The Commission shall provide the ballot boxes for each barangay polling place, but each
candidate may be permitted to provide a padlock for said ballot box.
Section 45.
Postponement or failure of election. - When for any serious cause such as violence, terrorism,
loss or destruction of election paraphernalia or records, force majeure, and other analogous causes of such nature that the
holding of a free, orderly and honest election should become impossible in any barangay, the Commission, upon a verified petition of an interested party and after due notice and hearing at which the interested parties are given equal opportunity to be heard, shall postpone the election therein for such time as it may deem necessary. If, on account of force majeure, violence, terrorism, fraud or other analogous causes, the election in any barangay has not been held on the date herein fixed or has been suspended before the hour fixed by law for the closing
of the voting therein and such failure or suspension of election would affect the result of the election, the Commission, on
the basis of a verified petition of an interested party, and after due notice and hearing, at which the interested parties are given equal opportunity to be heard shall call for the holding or continuation of the election within thirty days
after it shall have verified and found that the cause or causes for which the election has been postponed or suspended have ceased
to exist or upon petition of at least thirty percent of the registered voters in the barangay concerned.
When the conditions in these areas warrant, upon verification by the Commission, or upon petition of at least thirty percent
of the registered voters in the barangay concerned, it shall order the holding of the barangay election which was postponed or suspended.
Section 46.
Barangay board of canvassers. -
(1) The Commission shall constitute a board of canvassers at least seven days before the election in each
barangay, to be composed of the senior public elementary school teacher in the barangay as chairman, and two
other public elementary school teachers, as members.
In case the number of public elementary school teachers is inadequate, the Commission shall designate the
chairman and members of the barangay board of canvassers from among the board of election tellers.
(2) The barangay board of canvassers shall meet immediately in a building where a polling place is found and which is most centrally located in the barangay and after canvassing the results from the various polling places within the barangay, proclaim the winners. The board of canvassers shall accomplish the certificate of proclamation in triplicate on a form to be prescribed by the Commission. The original of the certificate shall be sent to the election registrar concerned, the second copy shall be delivered to the secretary of the sangguniang bayan or sangguniang panglunsod, as the case may be, and the third copy shall be kept on file by the secretary of the sangguniang barangay.
(3) In a barangay where there is only one polling place, the barangay board of election tellers shall also be the barangay board of canvassers.
Section 47.
Activities during the campaign period. - During the campaign period, the punong barangay if he is not a
candidate, or any resident of the barangay designated by the Commission, shall convene the barangay as
sembly at least once for the purpose of allowing the candidates to appear at a joint meeting duly called, upon proper
and with at least two days notice, to explain to the barangay voters their respective program of administration, their qualifications, and other
information that may help enlighten voters in casting their votes. The members of the barangay assembly may take up
and discuss other matters relative to the election of barangay officials.
Section 48.
Watchers. - Candidates may appoint two watchers each, to serve alternately, in every polling place within the
barangay, who shall be furnished with a signed copy of the results of the election, in such form as the Commission may
prescribe, immediately after the completion of the canvass.
Section 49.
Inclusion and exclusion cases. - Inclusion and exclusion cases which shall be decided not later than seven
before the date of the election shall be within the exclusive original jurisdiction of the municipal or metropolitan trial court.
The notice of such decision shall be served to all parties within twenty-four hours following its promulgation and any party
adversely affected may appeal therefrom within twenty-four hours to the regional trial court which shall finally decide the
same not later than two days before the date of the election.
Section 50.
Funding. - Local governments shall appropriate such funds to defray such necessary and reasonable expenses
of the members 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 51.
Penalties. - Violations of any provisions of this Article shall constitute prohibited acts and shall be prosecuted
and penalized in accordance with the provisions of this Code.
ARTICLE VII
THE COMMISSION ON ELECTIONS
Section 52.
Powers and functions of the Commission on Elections. - In addition to the powers and functions conferred
upon it by the Constitution, the Commission shall have exclusive 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) Exercise 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. In addition, it may authorize CMT 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. Upon 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) During 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 authorize any member or members of the Armed Forces of the Philippines,
the National Bureau of Investigation, the Integrated National Police or any similar agency or instrumentality of the
government, except civilian home defense forces, to act as deputies for the purpose of ensuring the holding of free, orderly and honest elections.
(c) Promulgate 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 fix in its rules and regulations. Rules and regulations promulgated by the Commission to implement the provisions of this Code shall take effect on the sixteenth day after publication in the Official Gazette or in at least daily newspapers of general circulation.
Orders and directives issued by the Commission pursuant to said rules and regulations shall be furnished by personal delivery to accredited political parties within forty-eight hours of issuance and shall take effect immediately upon receipt. In case of conflict between rules, regulations, orders or directives of the Commission in the exercise of its constitutional powers and those issued by any other
administrative office or agency of the government concerning the same matter relative to elections, the former shall prevail.
(d) Summon the parties to a controversy pending before it, issue subpoena and subpoena documents, and take testimony in any investigation or hearing before it, and delegate such power to any officer of the Commission who shall be a member of the Philippine Bar. In 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.
Any controversy submitted to the Commission shall, after compliance with the requirements of due process, be
immediately heard and decided by it within sixty days from submission thereof. No decision or resolution shall be rendered by the Commission either en banc or by division unless taken 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
and/or instrumentality of the government to execute under its direct and immediate supervision any of its final decisions, orders, instructionsor rulings.
(e) Punish contempts provided for in the Rules of Court in the same procedure and with the same penalties
provided therein. Any violation of any final and executory decision, order or ruling of the Commission shall constitute contempt thereof.
(f) Enforce and execute its decisions, directives, orders and instructions which shall have precedence
over those emanating from any other authority, except the Supreme Court and those issued in habeas corpus proceedings.
(g) Prescribe the forms to be used in the election, p0lebiscite or referendum.
(h) Procure any supplies, equipment, materials or services needed for the holding of the election by public bidding:
Provided, That, if it finds the requirements of public bidding impractical to observe, then by negotiations or sealed bids, and in both cases, the accredited parties shall be duly notified.
(i) Prescribe the use or adoption of the latest technological and electronic devices, taking into account the situation prevailing in the area and the funds available for the purpose: Provided, That the Commission shall notify the authorized 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.
(j) Carry out a continuing and systematic campaign through newspapers of general circulation, radios a nd other media forms to educate the public and fully inform the electorate about election laws, procedures, decisions, and other matters relative to the work and duties of the Commission and the necessity of clean, free, orderly and honest electoral processes.
(k) Enlist non-partisan group or organizations of citizens from the civic, youth, professional, educational, business or labor sectors known for
their probity, impartiality and integrity with the membership and capability to undertake 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.
Such groups or organizations shall function under the direct and immediate control and supervision of the
Commission and shall perform the following specific functions and duties:
A. Before Election Day:
1. Undertake an information campaign on salient features of this Code and help in the dissemination of the orders, decisions and resolutions of the Commission relative to the forthcoming election.
2. Wage a registration drive in their respective areas so that all citizens of voting age, not otherwise disqualified by law may be registered.
3. Help cleanse the list of voters of illegal registrants, conduct house-to-house canvass if necessary, and take the appropriate legal steps towards this end.
4. Report to the Commission violations of the provisions of this Code on the conduct of the
political campaign, election propaganda and electoral expenditures.
B. On Election Day:
1. Exhort all registered voters in their respective areas to go to their polling places and cast their votes.
2. Nominate 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. Members or units of any citizen group or organization so designated by the Commission except its lone duly accredited watcher, shall not be allowed to enter any polling place except to vote, and shall, if they so desire, stay in an area at least fifty meters away from the polling place.
3. Report 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.
4. Perform such other functions as may be entrusted to such group or organization by the Commission. The designation of any group or organization made i n accordance herewith may be revoked by the Commission upon notice and hearing whenever by its actuations
such group or organization has shown partiality to any political party or candidate, or has performed acts in excess 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, taking 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) Fix other reasonable periods for certain pre-election requirements in order that voters shall not be deprived of their right of suffrage and certain groups of rights granted them in this Code.
Unless indicated in this Code, the Commission is hereby authorized for fix the appropriate period for the various prohibited acts enumerated herein, consistent with the requirements of free, orderly, and honest elections.
Section 53.
Field offices of the Commission. - The Commission shall have the following field offices:
(1) Regional Election Office, headed by the Regional Election Director and assisted by the Assistant Regional
Director and such other subordinate officers or employees as the Commission may appoint.
(2) Provincial Election Office, headed by the Provincial Election Supervisor and assisted by such other
subordinate officers or employees as the Commission may appoint.
(3) City/Municipal Election Office, headed by the City/Municipal Registrar who shall be assisted by an election
clerk 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.
Section 54.
Qualifications. - Only members of the Philippines Bar shall be eligible for appointment to the position of regional director, assistant regional director, provincial election supervisor and election registrar: Provided, however, That if there are no members of the Philippine Bar available for appointment as election registrar, except in cities and capital towns, graduates of duly recognized schools of law, liberal arts, education or business administration who possess the appropriate civil service eligibility may be appointed to said position.
Section 55.
Office 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: Provided, That in case of failure of the local government 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.
Section 56.
Changes in the composition, distribution or assignment of field offices. - The Commission may make changesin the composition, distribution
and assignment of field offices, as well as its personnel, whenever the exigencies of the service and the interest of free, orderly, and hone st election so require: Provided, 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 incumbents of positions affected and shall not constitute a demotion, either in rank or salary, nor result in change of status:
and Provided, further, That there shall be no changes in the composition, distribution or assignment within thirty days before election, except 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 and/or his spouse are related to any candidate within the fourth civil degree of consanguinity or affinity as the case may be.
Section 57.
Measures 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 examination 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.
3. To inquire into the financial records of candidates and any organization or group of persons, motu proprio or0 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 Audit, the Central
Bank, the National Bureau of Investigation, the Bureau of Internal Revenue, the Armed Forces of the Philippines, the Integrated National Police of the Philippines, barangay officials, and other agencies of the government.
Section 58.
Disqualifications of members of the Commission. - The chairman and members of the Commission shall be subject to the canons of judicial ethics in the discharge of their functions. No chairman or commissioner shall sit in any case in which he has manifested bias or prejudice 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 Rules of Court. If it be claimed that the chairman or a commissioner is disqualified as above provided, the party objecting to his competency may file his objection 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 accordance with the Rules of Court. If a disqualification should result in a lack of quorum in the Commission sitting enbanc, the Presiding Justice of the Intermediate Appellate Court shall designate a justice of said court to sit in said case for the purpose of hearing and reaching a decision thereon.
Section 59.
Publication 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.
ARTICLE VIII
POLITICAL PARTIES
Section 60.
Political party. - "Political party" or "party", when used in this Act, means an organized group of persons pursuing the same ideology, political ideas or platforms of government and includes its branches and divisions. To acquire
juridical personality, quality it for subsequent accreditation, and to entitle it to the rights and privileges herein granted to political parties, a political party shall first be duly registered with the Commission. Any registered political party that, singly or in coalition with others, fails to obtain at least ten percent of the votes cast in the constituency in which it nominated and supported a candidate or candidates in the election
next following its registration shall, after notice and hearing be deemed to have forfeited such status as a registered political party in such constituency.
Section 61.
Registration. - Any organized group of persons seeking registration as a national or regional political party
may file with the Commission a verified petition attaching thereto its constitution and by-laws, platform or program ofgovernment and such other relevant information as may be required by the Commission. The Commission shall, after due notice and hearing, resolve the petition within ten days from the date it is submitted for decision. No religious sect shall be registered as a political party and no political party which seeks to achieve its goal through violence shall be entitled to accreditation.
Section 62.
Publication of petition for registration or accreditation. - The Commission shall require publication of the petition for registration or accreditation in at least three newspapers of general circulation and shall, after due notice and hearing, resolve the petition within fifteen days
from the date it is submitted for decision.
ARTICLE IX ELIGIBILITY OF CANDIDATES AND CERTIFICATE OF CANDIDACY
Section 63.
Qualifications for President and Vice-President of the Philippines. - No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of election, and a resident of the Philippines for at least ten years immediately preceding such election.
Section 64.
Qualifications for Members of the Batasang Pambansa. - No person shall be elected Member of the Batasang Pambansa as provincial, city or district representative unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, a registered voter in the constituency in which he shall be elected, and a resident thereof for a period of not less than six months immediately preceding the day of the election.
A sectoral representative shall be a natural-born citizen 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 year immediately preceding the day 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, shall be a registered voter, and on the day of the election is at least twenty-five years of age.
The youth sectoral representative should at least be eighteen and not be more than twenty-five years of age on the day of
the election: Provided, however, That any youth sectoral representative who attains the age of twenty-five years during his term shall be entitled to continue in office until the expiration of his term.
Section 65.
Qualifications of elective local officials. -T he qualifications for elective provincial, city, municipal and barangay officials shall be those provided for in the Local Government Code.
Section 66.
Candidates holding appointive office or positions. - Any person holding a public appointive office or position, including active members of the Armed Forces of the Philippines, and officers and employees in government-owned or controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.
Section 67.
Candidates holding elective office. - Any elective official, whether national or local, running for any office other than the one which he i isholding in a permanent capacity, except for President and Vice-President, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.
Section 68.
Disqualifications. - Any 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 excess of thatallowed by thisCode;
(d) solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; or
(e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6, shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office. Any 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 residencerequirement provided for in the election laws.
Section 69.
Nuisance 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 mockery or disrepute or to caus
e 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 bonafide intention to run for the office for which the certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate.
Section 70.
Guest candidacy. -A political party may nominate and/or support candidates not belonging to it.
Section 72.
Effects of disqualification cases and priority. -The Commission and the courts shall give
priority to cases of disqualification by reason of violation of this Act to the end that a final decision shall be rendered not later than seven days before the election in which the disqualification is sought. Any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted. Nevertheless, if for any reason, a candidate is not declared by final judgment 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 prev
ent his proclamation and assumption to office.
Section 73.
Certificate of candidacy.- No person shall be eligible for any elective public office unless he files a sworn
certificate of candidacy within the period fixed here in. A person who has filed a certificate of candidacy may,
prior to the election, withdraw the same by submitting to the office concerned a written declaration under oath.
No person shall be eligible for more than one office to be filled in the same election, and if he files his certificate of
candidacy for more than one office, he shall not be eligible for any of them.
However, before the expiration of the period for the filing of certificates of candidacy, the person who was filed more than
one certificate of candidacy may declare under oath the office for which he desires to be eligible and cancel the certificate
of candidacy for the other office or offices. The filing or withdrawal of a certificate of candidacy shall not affect whatever civil, criminal or administrative liabilities which a candidate may have incurred.
Section 74.
Contents of certificate of candidacy. - The certificate of candidacy shall state that the person filing it is announcing his candidacy for the office stated there in and that he is eligible for said office; if for
Member of the Batasang
Pambansa, the province, including its component cit
ies, highly urbanized city or district or sector wh
ich he seeks to
represent; the political party to which he belongs;
civil status; his date of birth; residence; his po
st office address for all
election purposes; his profession or occupation; th
at he will support and defend the Constitution of t
he Philippines and will
maintain true faith and allegiance thereto; that he
will obey the laws, legal orders, and decrees prom
ulgated by the duly
constituted authorities; that he is not a permanent
resident or immigrant to a foreign country; that t
he obligation imposed
by his oath is assumed voluntarily, without mental
reservation or purpose of evasion; and that the fac
ts stated in the
certificate of candidacy are true to the best of hi
s knowledge.
Unless a candidate has officially changed his name
through a court approved proceeding, a certificate
shall use in a
certificate of candidacy the name by which he has b
een baptized, or if has not been baptized in any ch
urch or religion, the
name registered in the office of the local civil re
gistrar or any other name allowed under the provisi
ons of existing law or,
in the case of a Muslim, his Hadji name after perfo
rming the prescribed religious pilgrimage: Provided
, That when there
are two or more candidates for an office with the s
ame name and surname, each candidate, upon being ma
de aware or
such fact, shall state his paternal and maternal su
rname, except the incumbent who may continue to use
the name and
surname stated in his certificate of candidacy when
he was elected. He may also include one nickname o
r stage name by
which he is generally or popularly known in the loc
ality.
The person filing a certificate of candidacy shall
also affix his latest photograph, passport size; a
statement in duplicate
containing his bio-data and program of government n
ot exceeding one hundred words, if he so desires.
Section 75.
Filing and distribution of certificate of candidacy
. -
The certificate of candidacy shall be filed on any
day from
the commencement of the election period but not lat
er than the day before the beginning of the campaig
n period:
Provided, That in cases of postponement or failure
of election under Sections 5 and 6 hereof, no addit
ional certificate of
candidacy shall be accepted except in cases of subs
titution of candidates as provided under Section 77
hereof.
The certificates of candidacy for President and Vic
e-President of the Philippines shall be filed in te
n legible copies with the
Commission which shall order the printing of copies
thereof for distribution to all polling places. Th
e certificates of
candidacy for the other offices shall be filed in d
uplicate with the offices herein below mentioned, t
ogether with a number
of clearly legible copies equal to twice the number
of polling places in the province, city, district,
municipality or barangay,
as the case may be:
(a) For representative in the Batasang Pambansa, wi
th the Commission, the provincial election supervis
or, city
election registrar in case of highly urbanized citi
es, or an officer designated by the Commission havi
ng
jurisdiction over the province, city or representat
ive district who shall send copies thereof to all p
olling places in
the province, city or district;
(b) For provincial offices, with the provincial ele
ction supervisor of the province concerned who shal
l send copies
thereof to all polling places in the province;
(c) For city and municipal offices, with the city o
r municipal election registrar who shall send copie
s thereof to all
polling places in the city or municipality; and
(d) For punong barangay or kagawad ng sangguniang b
arangay, the certificates of candidacy shall be fil
ed in
accordance with the provisions of Section 39 of Art
icle VI of this Code.
The duly authorized receiving officer shall immedia
tely send the original copy of all certificates of
candidacy received by
him to the Commission.
Section 76.
Ministerial duty of receiving and acknowledging rec
eipt. -
The Commission, provincial election supervisor,
election registrar or officer designated by the Com
mission or the board of election inspectors under t
he succeeding
section shall have the ministerial duty to receive
and acknowledge receipt of the certificate of candi
dacy.
Section 77.
Candidates in case of death, disqualification or wi
thdrawal of another. -
If after the last day for the filing of
certificates of candidacy, an official candidate of
a registered or accredited political party dies, w
ithdraws or is disqualified
for any cause, only a person belonging to, and cert
ified by, the same political party may file a certi
ficate of candidacy to
replace the candidate who died, withdrew or was dis
qualified. The substitute candidate nominated by th
e political party
concerned may file his certificate of candidacy for
the office affected in accordance with the precedi
ng sections not later
than mid-day of the day of the election. If the dea
th, withdrawal or disqualification should occur bet
ween the day before
the election and mid-day of election day, said cert
ificate may be filed with any board of election ins
pectors in the political
subdivision where he is a candidate, or, in the cas
e of candidates to be voted for by the entire elect
orate of the country,
with the Commission.
Section 78.
Petition to deny due course to or cancel a certific
ate of candidacy. -
A verified petition seeking to deny due
course or to cancel a certificate of candidacy may
be filed by the person exclusively on the ground th
at any material
representation contained therein as required under
Section 74 hereof is false. The petition may be fil
ed at any time not
later than twenty-five days from the time of the fi
ling of the certificate of candidacy and shall be d
ecided, after due notice
and hearing, not later than fifteen days before the
election.
ARTICLE X
CAMPAIGN AND ELECTION PROPAGANDA
Section 79.
Definitions. -
As used in this Code:
(a) The term "candidate" refers to any person aspir
ing for or seeking an elective public office, who h
as filed a
certificate of candidacy by himself or through an a
ccredited political party, aggroupment, or coalitio
n of parties;
(b) The term "election campaign" or "partisan polit
ical activity" refers to an act designed to promote
the election
or defeat of a particular candidate or candidates t
o a public office which shall include:
(1) Forming organizations, associations, clubs, com
mittees or other groups of persons for the purpose
of
soliciting votes and/or undertaking any campaign fo
r or against a candidate;
(2) Holding political caucuses, conferences, meetin
gs, rallies, parades, or other similar assemblies,
for the
purpose of soliciting votes and/or undertaking any
campaign or propaganda for or against a candidate;
(3) Making speeches, announcements or commentaries,
or holding interviews for or against the election
of any
candidate for public office;
(4) Publishing or distributing campaign literature
or materials designed to support or oppose the elec
tion of any
candidate; or
(5) Directly or indirectly soliciting votes, pledge
s or support for or against a candidate.
The foregoing enumerated acts if performed for the
purpose of enhancing the chances of aspirants for n
omination for
candidacy to a public office by a political party,
aggroupment, or coalition of parties shall not be c
onsidered as election
campaign or partisan election activity.
Public expressions or opinions or discussions of pr
obable issues in a forthcoming election or on attri
butes of or criticisms
against probable candidates proposed to be nominate
d in a forthcoming political party convention shall
not be construed
as part of any election campaign or partisan politi
cal activity contemplated under this Article.
Section 80.
Election campaign or partisan political activity ou
tside campaign period. -
It shall be unlawful for any person,
whether or not a voter or candidate, or for any par
ty, or association of persons, to engage in an elec
tion campaign or
partisan political activity except during the campa
ign period: Provided, That political parties may ho
ld political conventions
or meetings to nominate their official candidates w
ithin thirty days before the commencement of the ca
mpaign period and
forty-five days for Presidential and Vice-President
ial election.
Section 86.
Regulation of election propaganda through mass medi
a. -
(a) The Commission shall promulgate rules and regul
ations regarding the sale of air time for partisan
political
purposes during the campaign period to insure the e
qual time as to duration and quality in available t
o all
candidates for the same office or political parties
at the same rates or given free of charge; that su
ch rates are
reasonable and not higher than those charged other
buyers or users of air time for non-political purpo
ses; that
the provisions of this Code regarding the limitatio
n of expenditures by candidates and political parti
es and
contributions by private persons, entities and inst
itutions are effectively enforced; and to ensure th
at said radio
broadcasting and television stations shall not undu
ly allow the scheduling of any program or permit an
y sponsor
to manifestly favor or oppose any candidate or poli
tical party by unduly or repeatedly referring to or
including said
candidate and/or political party in such program re
specting, however, in all instances the right of sa
id stations to
broadcast accounts of significant or newsworthy eve
nts and views on matters of public interest.
(b) All contracts for advertising in any newspaper,
magazine, periodical or any form of publication pr
omoting or
opposing the candidacy of any person for public off
ice shall, before its implementation, be registered
by said
newspaper, magazine, periodical or publication with
the Commission. In every case, it shall be signed
by the
candidate concerned or by the duly authorized repre
sentative of the political party.
(c) No franchise or permit to operate a radio or te
levision station shall be granted or issued, suspen
ded or
cancelled during the election period.
Any radio or television stations, including that ow
ned or controlled by the Government, shall give fre
e of charge equal time
and prominence to an accredited political party or
its candidates if it gives free of charge air time
to an accredited political
party or its candidates for political purposes.
In all instances, the Commission shall supervise th
e use and employment of press, radio and television
facilities so as to
give candidates equal opportunities under equal cir
cumstances to make known their qualifications and t
heir stand on
public issues within the limits set forth in this C
ode on election spending.
Rules and regulations promulgated by the Commission
under and by authority of this section shall take
effect on the
seventh day after their publication in at least two
daily newspapers of general circulation. Prior to
the effectivity of said
rules and regulations, no political advertisement o
r propaganda for or against any candidate or politi
cal party shall be
published or broadcast through the mass media.
Violation of the rules and regulations of the Commi
ssion issued to implement this section shall be an
election offense
punishable under Section 264 hereof.
Section 87.
Rallies, meetings and other political activities. -
Subject to the requirements of local ordinances on
the
issuance of permits, any political party supporting
official candidates or any candidate individually
or jointly with other
aspirants may hold peaceful political rallies, meet
ings, and other similar activities during the campa
ign period: Provided,
That all applications for permits to hold meetings,
rallies and other similar political activities, re
ceipt of which must be
acknowledged in writing and which application shall
be immediately posted in a conspicuous place in th
e city or municipal
building, shall be acted upon in writing by local a
uthorities concerned within three days after the fi
ling thereof and any
application not acted upon within said period shall
be deemed approved: and Provided, further, That de
nial of any
application for said permit shall be appealable to
the provincial election supervisor or to the Commis
sion whose decision
shall be made within forty-eight hours and which sh
all be final and executory: Provided, finally, That
one only justifiable
ground for denial is a prior written application by
any candidate or political party for the same purp
ose has been approved.
Section 88.
Public rally. -
Any political party or candidate shall notify the
election registrar concerned of any public rally
said political party or candidate intends to organi
ze and hold in the city or municipality, and within
seven working days
thereafter submit to the election registrar a state
ment of expenses incurred in connection therewith.
Section 89.
Transportation, food and drinks. -
It shall be unlawful for any candidate, political
party, organization, or any
person to give or accept, free of charge, directly
or indirectly, transportation, food or drinks or th
ings of value during the
five hours before and after a public meeting, on th
e day preceding the election, and on the day of the
election; or to give
or contribute, directly or indirectly, money or thi
ngs of value for such purpose.
Section 90.
Comelec space. -
The Commission shall procure space in at least one
newspaper of general circulation in
every province or city: Provided, however, That in
the absence of said newspaper, publication shall be
done in any other
magazine or periodical in said province or city, wh
ich shall be known as "Comelec Space" wherein candi
dates can
announce their candidacy. Said space shall be alloc
ated, free of charge, equally and impartially by th
e Commission
among all candidates within the area in which the n
ewspaper is circulated.
Section 91.
Comelec poster area. -
Whenever practicable, the Commission shall also de
signate and provide for a
common poster are in strategic places in each town
wherein candidates can announce and further their c
andidacy
through posters, said space to be likewise allocate
d free of charge, equally and impartially by the Co
mmission among all
the candidates concerned.
Section 92.
Comelec time. -
The Commission shall procure radio and television
time to be known as "Comelec Time"
which shall be allocated equally and impartially am
ong the candidates within the area of coverage of a
ll radio and
television stations. For this purpose, the franchis
e of all radio broadcasting and television station
are hereby amended so
as to provide radio television time, free of charge
, during the period of the campaign.
Section 93.
Comelec information bulletin. -
The Commission shall cause the printing, and super
vise the dissemination of
bulletins to be known as "Comelec Bulletin" which s
hall be of such size as to adequately contain the p
icture, bio-data and
program of government of every candidate. Said bull
etin shall be disseminated to the voters or display
ed in such places
as to give due prominence thereto. Any candidate ma
y reprint at his expense, any "Comelec Bulletin" up
on prior authority
of the Commission: Provided, That the printing of t
he names of the different candidates with their bio
-data must be in
alphabetical order irrespective of party affiliatio
n.
ARTICLE XI
ELECTORAL CONTRIBUTIONS AND EXPENDITURES
Section 94.
Definitions. -
As used in this Article:
(a) The term "contribution" includes a gift, donati
on, subscription, loan, advance or deposit of money
or anything
of value, or a contract, promise or agreement to co
ntribute, whether or not legally enforceable, made
for the
purpose of influencing the results of the elections
but shall not include services rendered without co
mpensation
by individuals volunteering a portion or all of the
ir time in behalf of a candidate or political party
. It shall also
include the use of facilities voluntarily donated b
y other persons, the money value of which can be as
sessed
based on the rates prevailing in the area.
(b) The term "expenditure" includes the payment or
delivery of money of anything of value, or a contra
ct, promise
or agreement to make an expenditure, for the purpos
e of influencing the results of the election. It sh
all also
include the use of facilities personally owned by t
he candidate, the money value of the use of which c
an be
assessed based on the rates prevailing in the area.
(c) The term "person" includes an individual, partn
ership, committee, association, corporation, and an
y other
organization or group of persons.
Section 95.
Prohibited contributions. -
No contribution for purposes of partisan political
activity shall be made directly or
indirectly by any of the following:
(a) Public or private financial institutions: Provi
ded, however, That nothing herein shall prevent the
making of any
loan to a candidate or political party by any such
public or private financial institutions legally in
the business of
lending money, and that the loan is made in accorda
nce with laws and regulations and in the ordinary c
ourse of
business;
(b) Natural and juridical persons operating a publi
c utility or in possession of or exploiting any nat
ural resources
of the nation;
(c) Natural and juridical persons who hold contract
s or sub-contracts to supply the government or any
of its
divisions, subdivisions or instrumentalities, with
goods or services or to perform construction or oth
er works;
(d) Natural and juridical persons who have been gra
nted franchises, incentives, exemptions, allocation
s or
similar privileges or concessions by the government
or any of its divisions, subdivisions or instrumen
talities,
including government-owned or controlled corporatio
ns;
(e) Natural and juridical persons who, within one y
ear prior to the date of the election, have been gr
anted loans
or other accommodations in excess of P100,000 by th
e government or any of its divisions, subdivisions
or
instrumentalities including government-owned or con
trolled corporations;
(f) Educational institutions which have received gr
ants of public funds amounting to no less than P100
,000.00;
(g) Officials or employees in the Civil Service, or
members of the Armed Forces of the Philippines; an
d
(h) Foreigners and foreign corporations.
It shall be unlawful for any person to solicit or r
eceive any contribution from any of the persons or
entities
enumerated herein.
Section 96.
Soliciting or receiving contributions from foreign
sources. -
It shall be unlawful for any person, including a
political party or public or private entity to soli
cit or receive, directly or indirectly, any aid or
contribution of whatever form or
nature from any foreign national, government or ent
ity for the purposes of influencing the results of
the election.
Section 97.
Prohibited raising of funds. -
It shall be unlawful for any person to hold dances
, lotteries, cockfights, games,
boxing bouts, bingo, beauty contests, entertainment
s, or cinematographic, theatrical or other performa
nces for the
purpose of raising funds for an election campaign o
r for the support of any candidate from the commenc
ement of the
election period up to and including election day; o
r for any person or organization, whether civic or
religious, directly or
indirectly, to solicit and/or accept from any candi
date for public office, or from his campaign manage
r, agent or
representative, or any person acting in their behal
f, any gift, food, transportation, contribution or
donation in cash or in kind
from the commencement of the election period up to
and including election day; Provided, That normal a
nd customary
religious stipends, tithes, or collections on Sunda
ys and/or other designated collection days, are exc
luded from this
prohibition.
Section 98.
True name of contributor required. -
No person shall make any contribution in any name
except his own nor
shall any candidate or treasurer of a political par
ty receive a contribution or enter or record the sa
me in any name other
than that of the person by whom it was actually mad
e.
Section 99.
Report of contributions.
- Every person giving contributions to any candida
te, treasurer of the party, or
authorized representative of such candidate or trea
surer shall, not later than thirty days after the d
ay of the election, file
with the Commission a report under oath stating the
amount of each contribution, the name of the candi
date, agent of the
candidate or political party receiving the contribu
tion, and the date of the contribution.
Section 100.
Limitations upon expenses of candidates. -
No candidate shall spend for his election campaign
an
aggregate amount exceeding one peso and fifty centa
vos for every voter currently registered in the con
stituency where he
filed his candidacy: Provided, That the expenses he
rein referred to shall include those incurred or ca
used to be incurred
by the candidate, whether in cash or in kind, inclu
ding the use, rental or hire of land, water or airc
raft, equipment, facilities,
apparatus and paraphernalia used in the campaign: P
rovided, further, That where the land, water or air
craft, equipment,
facilities, apparatus and paraphernalia used is own
ed by the candidate, his contributor or supporter,
the Commission is
hereby empowered to assess the amount commensurate
with the expenses for the use thereof, based on the
prevailing
rates in the locality and shall be included in the
total expenses incurred by the candidate.
Section 101.
Limitations upon expenses of political parties. -
A duly accredited political party may spend for th
e election
of its candidates in the constituency or constituen
cies where it has official candidates an aggregate
amount not exceeding
the equivalent of one peso and fifty centavos for e
very voter currently registered therein. Expenses i
ncurred by branches,
chapters, or committees of such political party sha
ll be included in the computation of the total expe
nditures of the political
party.
Expenses incurred by other political parties shall
be considered as expenses of their respective indiv
idual candidates and
subject to limitation under Section 100 of this Cod
e.
Section 102.
Lawful expenditures. -
To carry out the objectives of the preceding secti
ons, no candidate or treasurer of a
political party shall, directly or indirectly, make
any expenditure except for the following purposes:
(a) For travelling expenses of the candidates and c
ampaign personnel in the course of the campaign and
for
personal expenses incident thereto;
(b) For compensation of campaigners, clerks, stenog
raphers, messengers, and other persons actually emp
loyed
in the campaign;
(c) For telegraph and telephone tolls, postage, fre
ight and express delivery charges;
(d) For stationery, printing and distribution of pr
inted matters relative to candidacy;
(e) For employment of watchers at the polls;
(f) For rent, maintenance and furnishing of campaig
n headquarters, office or place of meetings;
(g) For political meetings and rallies and the use
of sound systems, lights and decorations during sai
d meetings
and rallies;
(h) For newspaper, radio, television and other publ
ic advertisements;
(i) For employment of counsel, the cost of which sh
all not be taken into account in determining the am
ount of
expenses which a candidate or political party may h
ave incurred under Section 100 and 101 hereof;
(j) For copying and classifying list of voters, inv
estigating and challenging the right to vote of per
sons registered
in the lists the costs of which shall not be taken
into account in determining the amount of expenses
which a
candidate or political party may have incurred unde
r Sections 100 and 101 hereof; or
(k) For printing sample ballots in such color, size
and maximum number as may be authorized by the
Commission and the cost of such printing shall not
be taken into account in determining the amount of
expenses
which a candidate or political party may have incur
red under Sections 100 and 101 hereof.
Section 103.
Persons authorized to incur election expenditures.
-
No person, except the candidate, the treasurer of
a
political party or any person authorized by such ca
ndidate or treasurer, shall make any expenditure in
support of or in
opposition to any candidate or political party. Exp
enditures duly authorized by the candidate or the t
reasurer of the party
shall be considered as expenditures of such candida
te or political party.
The authority to incur expenditures shall be in wri
ting, copy of which shall be furnished the Commissi
on signed by the
candidate or the treasurer of the party and showing
the expenditures so authorized, and shall state th
e full name and
exact address of the person so designated.
Section 104.
Prohibited donations by candidates, treasurers of p
arties or their agents. -
No candidate, his or her spouse
or any relative within the second civil degree of c
onsanguinity or affinity, or his campaign manager,
agent or
representative shall during the campaign period, on
the day before and on the day of the election, dir
ectly or indirectly,
make any donation, contribution or gift in cash or
in kind, or undertake or contribute to the construc
tion or repair of roads,
bridges, school buses, puericulture centers, medica
l clinics and hospitals, churches or chapels cement
pavements, or any
structure for public use or for the use of any reli
gious or civic organization: Provided, That normal
and customary religious
dues or contributions, such as religious stipends,
tithes or collections on Sundays or other designate
d collection days, as
well as periodic payments for legitimate scholarshi
ps established and school contributions habitually
made before the
prohibited period, are excluded from the prohibitio
n.
The same prohibition applies to treasurers, agents
or representatives of any political party.
Section 105.
Accounting by agents of candidate or treasurer. -
Every person receiving contributions or incurring
expenditures by authority of the candidate or treas
urer of the party shall, on demand by the candidate
or treasurer of the
party and in any event within five days after recei
ving such contribution or incurring such expenditur
e, render to the
candidate or the treasurer of the party concerned,
a detailed account thereof with proper vouchers or
official receipts.
Section 106.
Records of contributions and expenditures. -
(a) It shall be the duty of every candidate, treasu
rer of the political party and person acting under
the authority of
such candidate or treasurer to issue a receipt for
every contribution received and to obtain and keep
a receipt
stating the particulars of every expenditure made.
(b) Every candidate and treasurer of the party shal
l keep detailed, full, and accurate records of all
contributions
received and expenditures incurred by him and by th
ose acting under his authority, setting forth there
in all
information required to be reported.
(c) Every candidate and treasurer of the party shal
l be responsible for the preservation of the record
s of
contributions and expenditures, together with all p
ertinent documents, for at least three years after
the holding of
the election to which they pertain and for their pr
oduction for inspection by the Commission or its du
ly authorized
representative, or upon presentation of a subpoena
duces tecum duly issued by the Commission. Failure
of the
candidate or treasurer to preserve such records or
documents shall be deemed prima facie evidence of v
iolation
of the provisions of this Article.
Section 107.
Statement of contributions and expenditures. -
Every candidate and treasurer of the political par
ty shall, not
later than seven days, or earlier than ten days bef
ore the day of the election, file in duplicate with
the office indicated in
the following section, full, true and itemized, sta
tement of all contributions and expenditures in con
nection with the
election.
Within thirty days after the day of the election, s
aid candidate and treasurer shall also file in dupl
icate a supplemental
statement of all contribution and expenditures not
included in the statement filed prior to the day of
the election.
Section 108.
Place for filing statements. -
The statements of contributions and expenditures s
hall be filed as follows:
(a) Those of candidates for President and Vice-Pres
ident, with the Commission.
(b) Those of candidates for Members of the Batasang
Pambansa, with the provincial election supervisor
concerned, except those of candidates in the Nation
al Capital Region which shall be filed with the reg
ional
election director of said region.
(c) Those of candidates for provincial offices, wit
h the provincial election supervisor concerned.
(d) Those of candidates for city, municipal and bar
angay offices, with the election registrar concerne
d.
If the statement is sent by mail, it shall be by re
gistered mail, and the date on which it was registe
red with the post office
may be considered as the filing date thereof if con
firmed on the same date by telegram or radiogram ad
dressed to the
office or official with whom the statement should b
e filed.
The provincial election supervisors and election re
gistrars concerned shall, within fifteen days after
the last day for the
filing of the statements, send to the Commission du
plicate copies of all statements filed with them.
Section 109.
Form and contents of statement. -
The statement shall be in writing, subscribed and
sworn to by the
candidate or by the treasurer of the party, shall b
e complete as of the date next preceding the date o
f filing and shall set
forth in detail (a) the amount of contribution, the
date of receipt, and the full name and exact addre
ss of the person from
whom the contribution was received; (b) the amount
of every expenditure, the date thereof, the full na
me and exact
address of the person to whom payment was made, and
the purpose of the expenditure; (c) any unpaid obl
igation, its
nature and amount, and to whom said obligation is o
wing; and (d) such other particulars which the Comm
ission may
require.
If the candidate or treasurer of the party has rece
ived no contribution, made no expenditure, or has n
o pending obligation,
the statement shall reflect such fact.
Section 110.
Preservation and inspection of statements. -
All statements of contributions and expenditures s
hall be kept
and preserved at the office where they are filed an
d shall constitute part of the public records there
of for three years after
the election to which they pertain. They shall not
be removed therefrom except upon order of the Commi
ssion or of a
competent court and shall, during regular office ho
urs, be subject and open to inspection by the publi
c. The officer in-
charge thereof, shall, on demand, furnish certified
copies of any statement upon payment of the fee pr
escribed under
Section 270 hereof.
It shall be the duty of the Commission to examine a
ll statements of contributions and expenditures of
candidates and
political parties to determine compliance with the
provisions of this Article.
Section 111.
Effect of failure to file statement. -
In addition to other sanctions provided in this Co
de, no person elected to
any public office shall enter upon the duties of hi
s office until he has filed the statement of contri
butions and expenditures
herein required.
The same prohibition shall apply if the political p
arty which nominated the winning candidate fails to
file the statements
required herein within the period prescribed by thi
s Code.
Section 112.
Report of contractor and business firms.
- Every person or firm to whom any electoral expen
diture is made
shall, within thirty days after the day of the elec
tion, file with the Commission a report setting for
th the full names and
exact addresses of the candidates, treasurers of po
litical parties, and other persons incurring such e
xpenditures, the
nature or purpose of each expenditure, the date and
costs thereof, and such other particulars as the C
ommission may
require. The report shall be signed and sworn to by
the supplier or contractor, or in case of a busine
ss firm or association,
by its president or general manager.
It shall be the duty of such person or firm to whom
an electoral expenditure is made to require every
agent of a candidate
or of the treasurer of a political party to present
written authority to incur electoral expenditures
in behalf of such candidate
or treasurer, and to keep and preserve at its place
of business, subject to inspection by the Commissi
on or its authorized
representatives, copies of such written authority,
contracts, vouchers, invoices and other records and
documents relative
to said expenditures for a period of three years af
ter the date of the election to which they pertain.
It shall be unlawful for any supplier, contractor o
r business firm to enter into contract involving el
ection expenditures with
representatives of candidates or political parties
without such written authority.
ARTICLE XII
REGISTRATION OF VOTERS
Section 113.
Permanent List of Voters. -
Any provision of Presidential Decree No. 1896 to th
e contrary notwithstanding,
the list of voters prepared and used in the electio
n of Members of the Batasang Pambansa on May 14, 19
84, with such
additions, cancellations and corrections as may her
eafter be made in accordance with the provisions of
this Code, shall
constitute the permanent list of voters in each cit
y or municipality, as the case may be, until 1996.
For purposes of the next following election, the Co
mmission, through the election registrars, shall as
sign the proper
precincts and polling places to the registered vote
rs in said list. Written notice of any such change
shall be made to the
affected voters within two weeks therefrom.
Section 114.
Renewal of the Permanent List.
- The list of voters prepared in accordance with t
he preceding section shall
be renewed in nineteen hundred and ninety-six and e
very twelve years thereafter.
Section 115.
Necessity of Registration. -
In order that a qualified elector may vote in any
election, plebiscite or
referendum, he must be registered in the permanent
list of voters for the city or municipality in whic
h he resides.
Section 116.
Who may be registered in the list. -
All persons having complied with the requisites he
rein prescribed for the
registration of voters shall be registered in the l
ist, provided they possess all the qualifications a
nd none of the
disqualifications of a voter. Those who failed to r
egister in the election of 1984, for any reason wha
tsoever, may register in
accordance with the provisions of this Code. Any pe
rson who may not have on the date of registration t
he age or period of
residence required may also be registered upon proo
f that on the date of the election, plebiscite or r
eferendum he shall
have such qualifications.
Section 117.
Qualifications of a voter. -
Every citizen of the Philippines, not otherwise di
squalified by law, eighteen years
of age or over, who shall have resided in the Phili
ppines for one year and in the city or municipality
wherein he proposes
to vote for at least six months immediately precedi
ng the election, may be registered as a voter.
Any person who transfers residence to another city,
municipality or country solely by reason of his oc
cupation; profession;
employment in private or public service; educationa
l activities; work in military or naval reservation
s; service in the army,
navy or air force; the constabulary or national pol
ice force; or confinement or detention in governmen
t institutions in
accordance with law, shall be deemed not to have lo
st his original residence.
Section 118.
Disqualifications. -
The following shall be disqualified from voting:
(a) Any person who has been sentenced by final judg
ment to suffer imprisonment for not less than one y
ear,
such disability not having been removed by plenary
pardon or granted amnesty: Provided, however, That
any
person disqualified to vote under this paragraph sh
all automatically reacquire the right to vote upon
expiration of
five years after service of sentence.
(b) Any person who has been adjudged by final judgm
ent by competent court or tribunal of having commit
ted any
crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation o
f the anti-
subversion and firearms laws, or any crime against
national security, unless restored to his full civi
l and political
rights in accordance with law: Provided, That he sh
all regain his right to vote automatically upon exp
iration of five
years after service of sentence.
(c) Insane or incompetent persons as declared by co
mpetent authority.
Section 119.
Preparation of the permanent list of voters. -
For the preparation of the permanent list of voter
s in nineteen
hundred and ninety-six and every twelve years there
after, the board of election inspectors referred to
in Article XIV hereof
of each election precinct shall hold four meetings
on the seventh Saturday, seventh Sunday, sixth Satu
rday and sixth
Sunday preceding the date of the regular election t
o be held. At these meetings the board shall prepar
e eight copies of
the list of voters of the precinct wherein it shall
register the electors applying for registration.
Section 120.
Preparation of the list before other regular electi
ons. -
For the preparation of the list before other regul
ar
elections, the board of election inspectors of each
election precinct shall meet in the polling place
on the seventh and sixth
Saturdays before the day of the election. At these
meetings, the board shall prepare and certify eight
copies of the list of
voters of the corresponding precinct transferring t
hereto the names of the voters appearing in the lis
t used in the
preceding election and including therein such new q
ualified voters as may apply for registration, as p
rovided in Section
126 hereof.
Section 121.
Preparation of the list before any special election
, plebiscite or referendum. -
For the preparation of the list
of voters before a special election, plebiscite or
referendum, the board of elections inspectors of ea
ch election precinct
shall hold a meeting in the polling place on the se
cond Saturday following the day of the proclamation
calling such
election. At this meeting the board shall transfer
the names of the voters appearing in the list used
in the preceding
election and enter those of the newly registered vo
ters.
Section 122.
Transfer of names of voters from the permanent list
to the current one. -
The transfer of the names of the
voters of the precinct already registered in the li
st used in the preceding election to the list to be
made as provided for in
the two preceding sections is a ministerial duty of
the board, and any omission or error in copying sh
all be corrected motu
proprio, or upon petition of the interested party,
without delay and in no case beyond three days from
the time such error
is noticed; and if the board should refuse, the int
erested party may apply for such correction to the
proper municipal or
metropolitan trial court which shall decide the cas
e without delay and in no case beyond three days fr
om the date the
petition is filed. The decision of the proper munic
ipal or metropolitan trial court shall be final and
unappealable in whatever
form or manner.
To facilitate the transfer of names of voters, the
election registrar shall deliver the book of voters
to the board of election
inspectors on the day before the registration of vo
ters, to be returned after the last day of registra
tion.
Section 123.
Cancellation and exclusion in the transfer of names
. -
In transferring the names of the voters of the pre
cinct
from the list used in the preceding election to the
current list, the board shall exclude those who ha
ve applied for the
cancellation of their registration, those who have
died, those who did not vote in the immediately pre
ceding two
successive regular elections, those who have been e
xcluded by court orders issued in accordance with t
he provisions of
this Code, and those who have been disqualified, up
on motion of any member of the board or of any elec
tor or watcher,
upon satisfactory proof to the board and upon summo
ns to the voter in cases of disqualification. The m
otion shall be
decided by the board without delay and in no case b
eyond three days from its filing. Should the board
deny the motion, or
fail to act thereon within the period herein fixed,
the interested party may apply for such exclusion
to the municipal or
metropolitan trial court which shall decide the pet
ition without delay and in no case beyond three day
s from the date the
petition is filed. The decision of the court shall
be final. The poll clerk shall keep a record of the
se exclusions and shall
furnish three copies thereof to the election regist
rar who shall, in turn keep one copy and send the t
wo other copies
thereof to the provincial election supervisor and t
he Commission, to be attached by them to the perman
ent list under their
custody.
Section 124.
Meeting to close the list of voters. -
The board of election inspectors shall also meet o
n the second Saturday
immediately preceding the day of the regular electi
on, or on the second day immediately preceding the
day of the special
election, plebiscite or referendum whether it be Su
nday or a legal holiday, for the purpose of making
such inclusions,
exclusions, and corrections as may be or may have b
een ordered by the courts, stating opposite every n
ame so
corrected, added, or cancelled, the date of the ord
er and the court which issued the same; and for the
consecutive
numbering of the voters of the election precinct.
Should the board fail to include in the list of vot
ers any person ordered by competent court to be so
included, said person
shall, upon presentation of a certified copy of the
order of inclusion and upon proper identification,
be allowed by the
board to vote.
Should the board fail to exclude from the list of v
oters any person ordered by the court to be so excl
uded, the board shall
not permit said person to vote upon presentation to
it by any interested party of a certified copy of
the order of exclusion.
Section 125.
Re-registration. -
A voter who is registered in the permanent list of
voters need not register anew for
subsequent elections unless he transfer residence t
o another city or municipality, or his registration
has been cancelled on
the ground of disqualification and such disqualific
ation has been lifted or removed. Likewise a voter
whose registration
has been cancelled due to failure to vote in the pr
eceding regular election may register anew in the c
ity or municipality
where he is qualified to vote.
Section 126.
Registration of voters. -
On the seventh and sixth Saturdays before a regula
r election or on the second
Saturday following the day of the proclamation call
ing for a new special election, plebiscite or refer
endum, any person
desiring to be registered as a voter shall accompli
sh in triplicate before the board of election inspe
ctors a voter's affidavit
in which shall be stated the following data:
(a) Name, surname, middle name, maternal surname;
(b) Date and place of birth;
(c) Citizenship;
(d) Periods of residence in the Philippines and in
the place of registration;
(e) Exact address with the name of the street and h
ouse number or in case there is none, a brief descr
iption of
the locality and the place;
(f) A statement that the applicant has not been pre
viously registered, otherwise he shall be required
to attach a
sworn application for cancellation of his previous
registration; and
(g) Such other information or data which may be req
uired by the Commission.
The voter's affidavit shall also contain three spec
imens of the applicant's signature and clear and
legible prints of his left and right hand thumbmark
s and shall be sworn to and filed together with fou
r copies of the latest
identification photograph to be supplied by the app
licant.
The oath of the applicant shall include a statement
that he does not have any of the disqualifications
of a voter and that he
has not been previously registered in the precinct
or in any other precinct.
Before the applicant accomplishes his voter's affid
avit, the board of election inspectors shall apprai
se the applicant of the
qualifications and disqualifications prescribed by
law for a voter. It shall also see to it that the a
ccomplished voter's
affidavit contain all the data therein required and
that the applicant's specimen signatures, the prin
ts of his left and right
hand thumbmarks and his photograph are properly aff
ixed in each of the voter's affidavit.
Section 127.
Illiterate or disabled applicants. -
The voter's affidavit of an illiterate or physical
ly disabled person may be
prepared by any relative within the fourth civil de
gree of consanguinity of affinity or by any member
of the board of election
inspectors who shall prepare the affidavit in accor
dance with the data supplied by the applicant.
Section 128.
Voter's 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 ident
ity is challenged on
election day and he cannot present his voter identi
fication card, his identity may be established by t
he specimen
signatures, the photograph or the fingerprints in h
is voter's affidavit in the book of voters. No extr
a or duplicate copy of the
voter identification card shall be prepared and iss
ued except upon authority of the Commission.
Each identification card shall bear the name and th
e address of the voter, his date of birth, sex, civ
il status, occupation,
his photograph, thumbmark, the city or municipality
and number of the polling place where he is regist
ered, his signature,
his voter serial number and the signature of the ch
airman of the board of election inspectors.
Any voter previously registered under the provision
s of Presidential Decree Numbered 1896 who desires
to secure a voter
identification card shall, on any registration day,
provide four copies of his latest identification p
hotograph to the board of
election inspectors which upon receipt thereof shal
l affix one copy thereof to the voter's affidavit i
n the book of voters, one
copy to the voter identification card to be issued
to the voter and transmit through the election regi
strar, one copy each to
the provincial election supervisor and the Commissi
on to be respectively attached to the voter's affid
avit in their respective
custody.
Section 129.
Action by the board of election inspectors. -
Upon receipt of the voter's affidavit, the board o
f election
inspectors shall examine the data therein. If it fi
nds that the applicant possesses all the qualificat
ions and none of the
disqualifications of a voter, he shall be registere
d. Otherwise, he shall not be registered.
The name and address of each registered voter shall
, immediately upon his registration, be entered in
the proper
alphabetical group in the list after which the vote
r identification card shall be issued to the voter.
Section 130.
Provincial central file of registered voters. -
There shall be a provincial central file of registe
red voters
containing the duplicate copies of all approved vot
er's affidavits in each city and municipality in th
e province which shall be
under the custody and supervision of the provincial
election supervisor. The applications shall be com
piled alphabetically
by precincts so as to make the file an exact replic
a of the book of voters in the possession of the el
ection registrar.
Should the book of voters in the custody of the ele
ction registrar be lost or destroyed at a time so c
lose to the election day
that there is no time to reconstitute the same, the
corresponding book of voters in the provincial fil
e shall be used during
the voting.
Section 131.
National central file of registered voters. -
There shall also be a national central file or reg
istered voters
consisting of the triplicate copies of all approved
voters' affidavits in all cities and municipalitie
s which shall be prepared
and kept in the central office of the Commission. T
he applications in the national central file shall
be compiled
alphabetically according to the surnames of the reg
istered voters regardless of the place of registrat
ion.
Section 132.
Preservation of voter's affidavits. -
A copy of the affidavit of each voter shall be kep
t by the board of election
inspectors until after the election when it shall d
eliver the same to the election registrar together
with the copies of the list
of voters and other election papers for use in the
next election. The election registrar shall compile
the voter's affidavits by
precinct alphabetically in a book of voters. The ot
her two copies shall be sent by the board of electi
on inspectors on the
day following the date of the affidavit to the offi
ce of the provincial election supervisor and the Co
mmission in Manila. The
provincial election supervisor and the Commission s
hall respectively file and preserve the voter's aff
idavits by city and
municipality and in alphabetical order of their sur
names. The fourth copy shall be given to the voter
as evidence of his
registration.
Section 133.
Columns in the list of voters. -
The list of voters shall be arranged in columns as
follows: In the first column
there shall be entered, at the time of closing of t
he list before the election, a number opposite the
name of each voter
registered, beginning with number one and continuin
g in consecutive order until the end of the list. I
n the second column,
the surnames of the registered voters shall be writ
ten in alphabetical order followed by their respect
ive first names,
without abbreviations of any kind. In the third col
umn, the respective residences of such persons with
the name of the
street and number, or, in case there be none, a bri
ef description of the locality or place. In the fou
rth column, shall be
entered the periods of residence in the Philippines
and in the city or municipality. In the fifth colu
mn, there shall be entered
on the day of the election the numbers of the ballo
ts which were given successively to each voter. In
the sixth column, the
voter shall stamp on the day of the election the ma
rk of the thumb of his right hand and under said ma
rk his signature.
And in the seventh column, the signature of the cha
irman of the board of election inspectors who has h
anded the ballot to
the voter. It will be sufficient that the fifth, si
xth, and seventh columns shall be filled in the cop
y of the list under the
custody of the board of election inspectors which s
hall see to it that the thumbmark is stamped plainl
y.
Section 134.
Certificate of the board of election inspectors in
the list of voters. -
Upon the adjournment of each meeting
for the registration of voters, the board of electi
on inspectors shall close each alphabetical group o
f surnames of voters by
writing the dates on the next line in blank, which
shall be forthwith signed by each member, and, befo
re adding a new
name on the same page at the next meeting, it shall
write the following: "Added at the _ _ _ meeting"
specifying if it is the
second third or fourth meeting of the board, as the
case may be. If the meeting adjourned is the last
one for the
registration of voters, the board shall, besides cl
osing each alphabetical group of voters as above pr
ovided, add at the end
of the list a certificate (a) of the corrections an
d cancellations made in the permanent list, specify
ing them, or that there
has been none, and (b) of the total number of voter
s registered in the precinct.
Section 135.
Publication of the list. -
At the first hour of the working day following the
last day of registration of voters, the
poll clerk shall deliver to the election registrar
a copy of the list certified to by the board of ele
ction inspectors as provided
in the preceding section; another copy, also certif
ied, shall be sent to the provincial election super
visor of the province,
and another, likewise certified, shall be sent to t
he Commission, in whose offices said copies shall b
e open to public
inspection during regular office hours. On the same
day and hour, the poll clerk shall also post a cop
y of the list in the
polling place in a secure place on the door or near
the same at a height of a meter and a half, where
it may be
conveniently consulted by the interested parties. T
he chairman, poll clerk and the two members of the
board of election
inspectors shall each keep a copy of the list which
may be inspected by the public in their residence
or office during
regular office hours. Immediately after the meeting
for the closing of the list, the poll clerk shall
also send a notice to the
election registrar, provincial election supervisor
and the Commission regarding the changes and the nu
mbering above
referred to, to be attached to the copy of the list
under their custody.
Section 136.
Challenge of right to register. -
Any person applying for registration may be challe
nged before the board of
election inspectors on any registration day be any
member, voter, candidate, or watcher. The board sha
ll then examine
the challenged person and shall receive such other
evidence as it may deem pertinent, after which it s
hall decide whether
the elector shall be included in or excluded from t
he list as may be proper. All challenges shall be h
eard and decided
without delay, and in no case beyond three days fro
m the date the challenge was made.
After the question has been decided, the board of e
lection inspectors shall give to each party a brief
certified statement
setting forth the challenge and the decision thereo
n.
Section 137.
Power of the board of election inspectors to admini
ster oaths and issue summons. -
For the purpose of
determining the right of applicants to be registere
d as voters in the list, the board of election insp
ectors shall have the
same power to administer oaths, to issue subpoena a
nd subpoena duces tecum and to compel witnesses to
appear and
testify, but the latter's fees and expenses
incident to the process shall be paid in advance by
the party in whose behalf the summons is issued.
Section 138.
Jurisdiction in inclusion and exclusion cases. -
The municipal and metropolitan trial courts shall
have original
and exclusive jurisdiction over all matters of incl
usion and exclusion of voters from the list in thei
r respective municipalities
or cities. Decisions of the municipal or metropolit
an trial courts may be appealed directly by the agg
rieved party to the
proper regional trial court within five days from r
eceipt of notice thereof, otherwise said decision o
f the municipal or
metropolitan trial court shall become final and exe
cutory after said period. The regional trial court
shall decide the appeal
within ten days from the time the appeal was receiv
ed and its decision shall be immediately final and
executory. No
motion for reconsideration shall be entertained by
the courts.
Section 139.
Petition for inclusion of voters in the list. -
Any person whose application for registration has
been
disapproved by the board of election inspectors or
whose name has been stricken out from the list may
apply, within
twenty days after the last registration day, to the
proper municipal or metropolitan trial court, for
an order directing the
board of election inspectors to include or reinstat
e his name in the list, together with the certifica
te of the board of election
inspectors regarding his case and proof of service
of notice of his petition upon a member of the boar
d of election
inspectors with indication of the time, place, and
court before which the petition is to be heard.
Section 140.
Voters excluded through inadvertence or registered
with an erroneous or misspelled name. -
Any voter
registered in the permanent list who has not been i
ncluded in the list prepared for the election or wh
o has been included
therein with a wrong or misspelled name shall have
the right to file an application on any date with t
he proper municipal or
metropolitan trial court, for an order directing th
at his name be reinstated in the list or that he be
registered with his correct
name. He shall attach to such application a certifi
ed copy of the entry of his name in the list of the
preceding election,
together with proof that he has applied without suc
cess to the board of election inspectors and that h
e has served notice
thereof upon a member of the board.
Section 141.
Change of name of registered voter. -
Any previously registered voter whose name has bee
n changed by
reason of marriage or by virtue of a court order ma
y request the board of election inspectors during a
ny of its meetings
held under this Article that his registration in th
e list be recorded under his or her new name.
Section 142.
Petition for exclusion of voters from the list. -
Any registered voter in a city or municipality may
apply at any
time except during the period beginning with the tw
enty-first day after the last registration day of a
ny election up to and
including election day with the proper municipal or
metropolitan trial court, for the exclusion of a v
oter from the list, giving
the name and residence of the latter, the precinct
in which he is registered, and the grounds for the
challenge. The petition
shall be sworn to and accompanied by proof of notic
e to the board of election inspectors concerned, if
the same is duly
constituted, and to the challenged voters.
Section 143.
Common rules governing judicial proceedings in the
matter of inclusion, exclusion, and correction of n
ames
of voters. -
(a) Outside of regular office hours no petition for
inclusion, exclusion, or correction of names of vo
ters shall be
received.
(b) Notices to the members of the board of election
inspectors and to challenged voters shall state th
e place, day
and hour in which such petition shall be heard, and
such notice may be made by sending a copy thereof
by
registered mail or by personal delivery or by leavi
ng it in the possession of a person of sufficient d
iscretion in the
residence of the said person or, in the event that
the foregoing procedure is not practicable, by post
ing a copy in
a conspicuous place in the city hall or municipal b
uilding and in two other conspicuous places within
the city or
municipality, at least ten days prior to the day se
t for the hearing.
In the interest of justice and to afford the challe
nged voter every opportunity to contest the petitio
n for exclusion,
the court concerned may, when the challenged voter
fails to appear in the first day set for the hearin
g, order that
notice be effected in such manner and within such p
eriod of time as it may decide, which time shall in
no case be
more than ten days from the day the respondent is f
irst found in default.
(c) Each petition shall refer to only one precinct.
(d) No costs shall be assessed in these proceedings
. However, if the court should be satisfied that th
e
application has been filed for the sole purpose of
molesting the adverse party and causing him to incu
r
expenses, it may condemn the culpable party to pay
the costs and incidental expenses.
(e) Any candidate who may be affected by the procee
dings may intervene and present his evidence.
(f) The decision shall be based on the evidence pre
sented. If the question is whether or not the voter
is real or
fictitious, his non-appearance on the day set for h
earing shall be prima facie evidence that the regis
tered voter is
fictitious. In no case shall a decision be rendered
upon a stipulation of facts.
(g) These applications shall be heard and decided w
ithout delay. The decision shall be rendered within
six hours
after the hearing and within ten days from the date
of its filing in court. Cases appealed to the regi
onal trial court
shall be decided within ten days from receipt of th
e appeal in the office of the clerk of court. In an
y case, the
court shall decide these petitions not later than t
he day before the election and the decision rendere
d thereon
shall be immediately final and executory, notwithst
anding the provisions of Section 138 on the finalit
y of
decisions.
Section 144.
Canvass to check registration. -
The election registrar shall, once every two years
or more often should the
Commission deem it necessary in order to preserve t
he integrity of the permanent lists of voters, cond
uct verification by
mail or house-to-house canvass, or both, of the reg
istered voters of any barangay for purposes of excl
usion proceedings.
Section 145.
Annulment of permanent lists of voters. -
Any book of voters not prepared in accordance with
the provisions
of this Code or the preparation of which has been e
ffected with fraud, bribery, forgery, impersonation
, intimidation, force,
or any other similar irregularity or which list is
statistically improbable may, upon verified petitio
n of any voter or election
registrar, or duly registered political party, and
after notice and hearing, be annulled by the Commis
sion: Provided, That
no order, ruling or decision annulling a book of vo
ters shall be executed within sixty days before an
election.
Section 146.
Reconstitution of lost or destroyed registration re
cords. -
The Commission shall reconstitute all registration
records which have been lost or destroyed. For this
purpose, it shall be the duty of the election regi
strar to immediately
report to the Commission any case of loss or destru
ction of approved applications for registration in
their custody. Such
reconstitution shall be made with the use of the co
rresponding copies in the national or provincial ce
ntral files of registered
voters: Provided, That if this is not feasible, the
registered voter concerned may be summoned by the
election registrar to
effect such reconstitution by accomplishing a new a
pplication. Reconstituted forms shall be clearly ma
rked with the word
"reconstituted".
The reconstitution of any lost or destroyed applica
tion for registration shall not affect the criminal
liability of any person or
persons who may be responsible for such loss or des
truction.
Section 147.
Examination of registration records. -
All registration records in the possession of the c
ity or municipal
election registrar, the provincial election supervi
sor, and the Commission shall, during regular offic
e hours, be open to
examination by the public with legitimate inquiries
for purposes of election.
Law enforcement agencies shall, upon prior authoriz
ation by the Commission, have access to said regist
ration records
should the same be necessary to, or in aid of, thei
r investigative functions and duties, subject to re
gulations promulgated
by the Commission.
Section 148.
List of voters. -
Fifteen days before the date of the regular electi
on or special election, referendum or
plebiscite, the board of election inspectors must p
ost the final list of voters in each precinct with
each and every page
thereof duly signed or subscribed and sworn to by t
he members of the board of election inspectors and
that failure to
comply with this provision will constitute an elect
ion offense.
Any candidate or authorized representative of an ac
credited political party, upon formal request made
to an election
registrar, shall be entitled to a certified copy of
the most recent list of voters in any precinct, mu
nicipality, city or province,
upon payment of a reasonable fee as may be prescrib
ed by the Commission.
ARTICLE XIII
PRECINCTS AND POLLING PLACES
Section 149.
Precincts 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 Act shall
have at least one such precinct.
The Commission shall establish all election precinc
ts.
The precincts actually established in the preceding
regular election shall be maintained, but the Comm
ission may
introduce such adjustments, changes or new division
s or abolish them, if necessary: Provided, however,
That the territory
comprising an election precinct shall not be altere
d or a new precinct established within forty-five d
ays before a regular
election and thirty days before a special election
or a referendum or plebiscite.
Section 150.
Arrangements of election precincts. -
(a) Each election precinct shall have, as far as po
ssible not more than three hundred voters and shall
comprise,
as far as practicable, contiguous and compact terri
tory.
(b) When it appears that an election precinct conta
ins more than three hundred voters, the Commission
shall, in
the interest of orderly election, and in order to f
acilitate the casting of votes, be authorized to di
vide a precinct not
later than one week after the last day of registrat
ion of voters. But the polling place of all the pre
cincts created
thereby shall be located in the same building or co
mpound where the polling place of the original prec
inct is
located, and if this be not feasible, in a place as
close as possible to the polling place of the orig
inal precinct:
Provided, however, That the polling place of the ne
w precinct may be located elsewhere upon written pe
tition of
the majority of the voters of the new precinct: Pro
vided, further, That when a precinct is divided int
o two or more
precincts, the registered voters shall be included
in the precinct wherein they reside. Every case of
alteration of a
precinct shall be duly published by posting a notic
e of any change in conspicuous location in the prec
inct, and in
the municipal building or city hall, as the case ma
y be.
(c) A municipality which has been merged with anoth
er municipality shall constitute at least one elect
ion precinct,
if the distance between the remotest barangay of th
e merged municipality and the nearest polling place
in the
municipality to which it has been merged shall, by
the shortest road, exceed five kilometers.
(d) An island or group of islands having one hundre
d and fifty or more voters shall constitute a preci
nct.
(e) Any alteration of the election precincts or the
establishment of new ones shall be communicated to
the
provincial election supervisor, the provincial supe
rintendent of schools, etc. together with the corre
sponding
maps, which shall be published as prescribed in the
next succeeding sections.
Section 151.
Publication of maps or precincts. -
At least five days before the first registration d
ay preceding a regular
election or special election or a referendum or a p
lebiscite, the Commission shall, through its duly a
uthorized
representative, post in the city hall or municipal
building and in three other conspicuous places in t
he city or municipality
and on the door of each polling place, a map of the
city or municipality showing its division into pre
cincts with their
respective boundaries and indicating therein all st
reets and alleys in populous areas and the location
of each polling
place.
These maps shall be kept posted until after the ele
ction, referendum or plebiscite.
Section 152.
Polling place. -
A polling place is the building or place where the
board of election inspectors conducts its
proceedings and where the voters shall cast their v
otes.
Section 153.
Designation of polling places. -
The location of polling places designated in the p
receding regular election
shall continue with such changes as the Commission
may find necessary, after notice to registered poli
tical parties and
candidates in the political unit affected, if any,
and hearing: Provided, That no location shall be ch
anged within forty-five
days before a regular election and thirty days befo
re a special election or a referendum or plebiscite
, except in case it is
destroyed or it cannot be used.
Section 154.
Requirements for polling places. -
Each polling place shall be, as far as practicable
, a ground floor and shall
be of sufficient size to admit and comfortably acco
mmodate forty voters at one time outside the guard
rail for the board of
election inspectors. The polling place shall be loc
ated within the territory of the precinct as centra
lly as possible with
respect to the residence of the voters therein and
whenever possible, such location shall be along a p
ublic road. No
designation of polling places shall be changed exce
pt upon written petition of the majority of the vot
ers of the precinct or
agreement of all the political parties or by resolu
tion of the Commission upon prior notice and hearin
g.
A public building having the requirements prescribe
d in the preceding paragraph shall be preferred as
polling place.
Section 155.
Building that shall not be used as polling places.
-
No polling place shall be located in a public or p
rivate
building owned, leased, or occupied by any candidat
e or of any person who is related to any candidate
within the fourth
civil degree of consanguinity or affinity, or any o
fficer of the government or leader of any political
party, group or faction,
nor in any building or surrounding premises under t
he actual control of a private entity, political pa
rty or religious
organization. In places where no suitable public bu
ilding is available, private school buildings may b
e used as polling
places. No polling place shall be located within th
e perimeter of or inside a military or police camp
or reservation or within
a prison compound.
Any registered voter, candidate or political party
may petition the Commission not later than thirty d
ays before the first
registration day for the transfer of the polling pl
ace from the prohibited buildings provided herein.
Such petition shall be
heard and decided by the Commission within twenty d
ays from the filing of the petition. Failure to eff
ect the transfer of the
polling place after the Commission found it to be l
ocated in violation of this section within the peri
od prescribed herein
shall be a ground for the postponement of the elect
ion in the polling place concerned.
Section 156.
Signs and flags of polling places. -
On the day of the voting as well as on any day tha
t the board of election
inspectors might meet, every polling place shall ha
ve in front a sign showing the number of the precin
ct to which it
belongs and the Philippine flag shall be hoisted at
the proper height.
Section 157.
Arrangement and contents of polling places. -
Each polling place shall conform as much as possib
le to the
sketch on the following page.
Section 158.
Voting booth. -
During the voting, there shall be in each polling
place a booth for every twenty voters
registered in the precinct. Each booth shall be ope
n on the side fronting the table for the board of e
lection inspectors and
its three sides shall be closed with walls at least
seventy centimeters wide and two meters high. The
upper part shall be
covered, if necessary, to preserve the secrecy of t
he ballot. Each booth shall have in the background
a shelf so placed
that voters can write therein while standing and sh
all be kept clearly lighted, by artificial lights,
if necessary, during the
voting.
The Commission shall post inside each voting booth
and elsewhere in the polling place on the day befor
e the election,
referendum and plebiscite a list containing the nam
es of all the candidates or the issues or questions
to be voted for, and
shall at all times during the voting period keep su
ch list posted in said places.
Section 159.
Guard rails. -
(a) In every polling place there shall be a guard r
ail between the voting booths and the table for the
board of
election inspectors which shall have separate entra
nce and exit. The booths shall be so arranged that
they can
be accessible only by passing through the guard rai
l and by entering through its open side facing the
table of the
board of election inspectors.
(b) There shall also be a guard rail for the watche
rs between the place reserved for them and the tabl
e for the
board of election inspectors and at a distance of n
ot more than fifty centimeters from the latter so t
hat the
watchers may see and read clearly during the counti
ng of the contents of the ballots and see and count
the votes
recorded by the board of election inspectors member
on the corresponding tally sheets.
(c) There shall also be, if possible, guard rails s
eparating the table of the board of election inspec
tors from the
voters waiting for their turn to cast their votes,
with entrance and exit to give them orderly access
to the table and
the booths during the voting.
(d) The polling place shall be so arranged that the
booths, the table, the ballot boxes and the whole
polling place,
except what is being written within the booths, sha
ll be in plain view of the board of election inspec
tors, the
watchers and other persons who may be within the po
lling place.
Section 160.
Ballot boxes. -
(a) There shall be in each polling place on the day
of the voting a ballot box one side of which shall
be
transparent which shall be set in a manner visible
to the voting public containing two compartments, n
amely, the
compartment for valid ballots which is indicated by
an interior cover painted white and the compartmen
t for
spoiled ballots which is indicated by an interior c
over painted red. The boxes shall be uniform throug
hout the
Philippines and shall be solidly constructed and sh
all be closed with three different locks as well as
three
numbered security locks and such other safety devic
es as the Commission may prescribe in such a way th
at
they can not be opened except by means of three dis
tinct keys and by destroying such safety devices.
(b) In case of the destruction or disappearance of
any ballot box on election day, the board of electi
on inspectors
shall immediately report it to the city or municipa
l treasurer who shall furnish another box or recept
acle as equally
adequate as possible. The election registrar shall
report the incident and the delivery of a new ballo
t box by the
fastest means of communication on the same day to t
he Commission and to the provincial election superv
isor.
Section 161.
Tally boards. -
At the beginning of the counting, there shall be p
laced within the plain view of the board of
election inspectors, watchers and the public, a tal
ly board where the names of all the registered cand
idates or the issues
or questions to be voted upon shall be written, and
the poll clerk shall record thereon the votes rece
ived by each of them
as the chairman of the board of election inspectors
reads the ballot.
Section 162.
Furnishing of ballot boxes, forms, stationeries and
materials for election. -
The Commission shall prepare
and furnish the ballot boxes, forms, stationeries a
nd materials necessary for the registration of vote
rs and the holding of
the election.
The provincial, city and municipal treasurer shall
have custody of such election paraphernalia, suppli
es and materials as
are entrusted to him under the law or rules of the
Commission and shall be responsible for their prese
rvation and storage,
and for any loss, destruction, impairment or damage
of any election equipment, material or document in
their possession
furnished under this Code.
Section 163.
Inspection of polling places. -
Before the day of the election, referendum or pleb
iscite, the Chairman of the
Commission shall, through its authorized representa
tives, see to it that all polling places are inspec
ted and such
omissions and defects as may be found corrected. Th
e Commission shall keep the reports on these inspec
tions.
ARTICLE XIV
BOARD OF ELECTION INSPECTORS
Section 164.
Composition and appointment of board of election in
spectors. -
At least thirty days before the date when the
voters list is to be prepare in accordance with thi
s Code, in the case of a regular election or fiftee
n days before a special
election, the Commission shall, directly or through
its duly authorized representatives, constitute a
board of election
inspectors for each precinct to be composed of a ch
airman and a poll clerk who must be public school t
eachers, priority to
be given to civil service eligibles, and two member
s, each representing the two accredited political p
arties. The
appointment shall state the precinct to which they
are assigned and the date of the appointment.
Section 165.
Oath of the members of the board of election inspec
tors. -
The members of the board of election inspectors,
whether permanent, substitute or temporary, shall b
efore assuming their office, take and sign an oath
upon forms
prepared by the Commission, before an officer autho
rized to administer oaths or, in his absence, befor
e any other
member of the board of election inspectors present,
or in case no one is present, they shall take it b
efore any voter. The
oaths shall be sent immediately to the city or muni
cipal treasurer.
Section 166.
Qualification of members of the board of election i
nspectors. -
No person shall be appointed chairman,
member or substitute member of the board of electio
n inspectors unless he is of good moral character a
nd irreproachable
reputation, a registered voter of the city or munic
ipality, has never been convicted of any election o
ffense or of any other
crime punishable by more than six months of impriso
nment, or if he has pending against him an informat
ion for any
election offense. He must be able to speak and writ
e English or the local dialect.
Section 167.
Disqualification. -
No person shall serve as chairman or member of the
board of election inspectors if he is
related within the fourth civil degree of consangui
nity or affinity to any member of the board of elec
tion inspectors or to any
candidate to be voted for in the polling place or h
is spouse.
Section 168.
Powers of the board of election inspectors. -
The board of election inspectors shall have the fo
llowing
powers and functions:
a. Conduct the voting and counting of votes in thei
r respective polling places;
b. Act as deputies of the Commission in the supervi
sion and control of the election in the polling pla
ces wherein
they are assigned, to assure the holding of the sam
e in a free, orderly and honest manner; and
c. Perform such other functions prescribed by this
Code or by the rules and regulations promulgated by
the
Commission.
Section 169.
Voting privilege of members of board of election in
spectors. -
Members of the board of election inspectors
and their substitutes may vote in the polling place
where they are assigned on election day: Provided,
That they are
registered voters within the province, city or muni
cipality where they are assigned: and Provided, fin
ally, That their voting
in the polling places where they are not registered
voters be noted in the minutes of the board of ele
ction inspectors.
Section 170.
Relief and substitution of members of the board of
election inspectors. -
Public school teachers who are
members of the board of election inspectors shall n
ot be relieved nor disqualified from acting as such
members, except for
cause and after due hearing.
Any member of the board of election inspectors, nom
inated by a political party, as well as his substit
ute may at any time
be relieved from office and substituted with anothe
r having the legal qualifications upon petition of
the authorized
representative of the party upon whose nomination t
he appointment was made, and it shall be unlawful t
o prevent said
person from, or disturb him in, the performance of
the duties of the said office. A record of each cas
e of substitution shall
be made, setting forth therein the hour in which th
e replaced member has ceased in the office and the
status of the work
of the board of election inspectors. Said record sh
all be signed by each member of the board of electi
on inspectors
including the incoming and outgoing officers.
Section 171.
Vacancy in the board of election inspectors. -
Every vacancy in the board of election inspectors
shall be
filled for the remaining period in the manner herei
nbefore prescribed.
Section 172.
Proceedings of the board of election inspectors. -
The meetings of the board of election inspectors s
hall be
public and shall be held only in the polling place
authorized by the Commission.
The board of election inspectors shall have full au
thority to maintain order within the polling place
and its premises, to
keep access thereto open and unobstructed, and to e
nforce obedience to its lawful orders. If any perso
n shall refuse to
obey lawful orders of the board of election inspect
ors, or shall conduct himself in a disorderly manne
r in its presence or
within its hearing and thereby interrupt or disturb
its proceedings, the board of election inspectors
may issue an order in
writing directing any peace officer to take such pe
rson into custody until the adjournment of the meet
ing, but such order
shall not be executed as to prevent any person so t
aken into custody from exercising his right to vote
. Such order shall be
executed by any peace officer to whom it may be del
ivered, but if none be present, by any other person
deputized by the
board of election inspectors in writing.
Section 173.
Prohibition of political activity. -
No member of the board of election inspectors shal
l engage in any partisan
political activity or take part in the election exc
ept to discharge his duties as such and to vote.
Section 174.
Functioning of the board of election inspectors. -
The board of election inspectors shall act through
its
chairman, and shall decide without delay by majorit
y vote all questions which may arise in the perform
ance of its duties.
Section 175.
Temporary vacancies. -
If, at the time of the meeting of the board of ele
ction inspectors, any member is
absent, or the office is still vacant, the members
present shall call upon the substitute or the absen
t members to perform
the duties of the latter; and, in case such substit
ute cannot be found, the members present shall appo
int any non-partisan
registered voter of the polling place to temporaril
y fill said vacancy until the absent member appears
or the vacancy is
filled. In case there are two or more members prese
nt, they shall act jointly: Provided, That if the a
bsent member is one
who has been proposed by an accredited political pa
rty, the representative of said political party or
in his absence the
watchers belonging to said party shall designate a
registered voter of the polling place to temporaril
y fill said vacancy:
Provided, further, That in the event or refusal or
failure of either representative or watchers of sai
d political party to make
the designation, the members of the board of electi
on inspectors present shall choose a non-partisan r
egistered voter of
the polling place to fill the vacancy.
Section 176.
Temporary designation of members of the board of el
ection inspectors by watchers. -
If at the time the board
of election inspectors must meet, all the positions
in the board of election inspectors are vacant, or
if not one of the
appointed members shall appear, the watchers presen
t may designate voters of the polling place to act
in the place of
said members until the absentees shall appear or th
e vacancies are filled.
Section 177.
Arrest of absent members. -
The member or members of the board of election ins
pectors present may order
the arrest of any other member or substitute thereo
f, who in their judgment, has absented himself with
intention of
obstructing the performance of duties of the board
of election inspectors.
ARTICLE XV
WATCHERS
Section 178.
Official watchers of candidates. -
Every registered political party, coalition of pol
itical parties and every
independent candidate shall each be entitled to one
watcher in every polling place.
No person shall be appointed watcher unless he is a
qualified voter of the city or municipality, of go
od reputation and shall
not have been convicted by final judgment of any el
ection offense or of any other crime, must know how
to read and write
Pilipino, English, Spanish or any of the prevailing
local dialects, and not related within the fourth
civil degree of
consanguinity or affinity to the chairman or any me
mber of the board of election inspectors in the pol
ling place where he
seeks appointment as a watcher.
Each candidate, political party or coalition of pol
itical parties shall designate in every province, h
ighly urbanized city or
district in the Metropolitan Manila area, a represe
ntative authorized to appoint watchers, furnishing
the provincial election
supervisor or the city election registrar, as the c
ase may be, the names of such representatives. The
provincial election
supervisors shall furnish the municipal election re
gistrars and election registrars of component citie
s with the list of such
representatives.
In the case of Metropolitan Manila, the designation
of the persons authorized to appoint watchers shal
l be filed with the
Commission, which shall furnish the list of such re
presentatives to the respective city and municipal
election registrars.
Section 179.
Rights and duties of watchers. -
Upon entering the polling place, the watchers shall
present and deliver to
the chairman of the board of election inspectors hi
s appointment, and forthwith, his name shall be rec
orded in the minutes
with a notation under his signature that he is not
disqualified under the second paragraph of Section
178. The
appointments of the watchers shall bear the persona
l signature or the facsimile signature of the candi
date or the duly
authorized representatives of the political party o
r coalition of political parties who appointed him
or of organizations
authorized by the Commission under Section 180. The
watchers shall have the right to stay in the space
reserved for
them inside the polling place. They shall have the
right to witness and inform themselves of the proce
edings of the board
of election inspectors, including its proceedings d
uring the registration of voters, to take notes of
what they may see or The ballot shall also contain the names of all the
offices to be voted for in the election, allowing o
pposite the name of each
office, sufficient space or spaces with horizontal
lines where the voter may write the name or names o
f the individual
candidates voted for by him.
There shall not be anything on the reverse side of
the ballot.
Ballots in cities and municipalities where Arabic i
s of general use shall have each of the titles of o
ffices to be voted printed
in Arabic in addition to and immediately below the
English title.
Notwithstanding the preceding provisions of this se
ction, the Commission is hereby empowered to prescr
ibe a different
form of ballot to facilitate voting by illiterate v
oters and to use or adopt the latest technological
and electronic devices as
authorized under paragraph (i) of Section 52 hereof
.
Section 182.
Emergency ballots. -
No ballots other than the official ballots shall b
e used or counted, except in the event of
failure to receive the official ballots on time, or
where there are no sufficient ballots for all regi
stered voters or where they
are destroyed at such time as shall render it impos
sible to provide other official ballots, in which c
ases the city or
municipal treasurer shall provide other ballots whi
ch shall be as similar to the official ones as circ
umstances will permit
and which shall be uniform within each polling plac
e. The treasurer shall immediately report such acti
on to the
Commission.
The municipal treasurer shall not undertake the pre
paration of the emergency ballots unless the politi
cal parties,
candidates and the organizations collectively autho
rized by the Commission to designate watchers have
been sufficiently
notified to send their representatives and have agr
eed in writing to the preparation and use of emerge
ncy ballots.
Section 183.
Requisition of official ballots and election return
s. -
Official ballots and election returns shall be pri
nted upon
orders of the Commission. Requisition of official b
allots shall be for each city and municipality, at
the rate of one and one-
fifth ballots for every registered voter in the nex
t preceding election; and for election returns, at
one set thereof for every
polling place.
Section 184.
Printing of official ballots and elections returns.
-
The official ballots and election returns shall be
printed by
the Government Printing Office and/or the Central B
ank printing facilities exclusively, under the excl
usive supervision and
control of the Commission which shall determine and
provide the necessary security measures in the pri
nting, storage and
distribution thereof.
Each ballot shall be joined by a perforated line to
a stub numbered consecutively, beginning with numb
er "1" in each city
and municipality. Each ballot shall also have at th
e bottom a detachable coupon bearing the same numbe
r of the stub.
Each pad of ballots shall bear on its cover the nam
e of the city or municipality in which the ballots
are to be used and the
inclusive serial numbers of the ballots contained t
herein.
The official ballots shall be bound in separate pad
s of fifty or one hundred ballots each as may be re
quired.
The election returns shall be prepared in sets of s
ix copies per set and shall be numbered consecutive
ly, beginning with
number "1" in each city and municipality. Each set
of the election returns shall be printed in such a
manner that will ensure
that the entries on the original of the returns are
clearly reproduced on the other copies thereof and
shall bear the name of
the city or municipality in which the returns are t
o be used. For this purposes, the Commission shall
acquire, if necessary,
a special kind of carbon paper or chemically treate
d paper.
Section 185.
Sample official ballots. -
The Commission shall provide the board of election
inspectors with sample official
ballots at the rate of thirty ballots per polling p
lace. The sample official ballots shall be printed
on colored paper, in all
respects like the official ballots but bearing inst
ead the words "Sample Official Ballot", to be shown
to the public and used
in demonstrating how to fill out and fold the offic
ial ballots properly. No name of any actual candida
te shall be written on
the spaces for voting on the sample official ballot
s provided by the Commission, nor shall they be use
d for voting.
Section 186.
Distribution of official ballots and election retur
ns. -
The official ballots and the election returns shal
l be
distributed by the Commission to each city and muni
cipality at the rate of one and one-fifth ballots f
or every voter
registered in each polling place; and for election
returns, at the rate of one set each for every poll
ing place.
The provincial, city or municipal treasurer shall r
espectively keep a record of the quantity and seria
l numbers of official
ballots and election returns furnished the various
provinces, cities, municipalities and polling place
s, as the case may be,
legible copies of which record shall be furnished t
he duly authorized provincial, city or municipal re
presentatives of the
ruling party and the dominant opposition party, and
the Commission immediately after the distribution
is made of such
official ballots and election returns.
The Commission shall prescribe the use of official
delivery receipts to be signed by the election regi
strar and the chairman
of the board of canvassers upon receipt of the elec
tion returns.
No official ballots or election returns shall be de
livered to the board of election inspectors earlier
than the first hour of
election day: Provided, however, That the Commissio
n, after written notice to the registered political
parties and the
candidates, may, for justifiable reasons, authorize
the delivery of said official ballots and election
returns to the board of
election inspectors of any particular polling place
at an earlier date.
Section 187.
Committee on printing, storage, and distribution of
official ballots and election returns. -
The Commission
shall appoint a committee of five members, two of w
hom shall be from among its personnel, the third to
be designated by
the Commission on Audit, and the last two to be des
ignated by the ruling party and the dominant opposi
tion party to act as
its representatives in supervising the printing, st
orage and distribution of official ballots and elec
tion returns.
Upon the request of any candidate, political party
or of civic, religious, professional, business, ser
vice, youth or any similar
organizations collectively designated by the Commis
sion, the latter shall allow any person designated
by any of the former
as watcher to observe the proceedings of the commit
tee on the printing of official ballots and electio
n returns, file
objections, if any, witness the printing and distri
bution of the ballots and the returns and guard the
premises of the printer.
Section 188.
Duties of the committee on printing of official bal
lots and election returns. -
Under such orders or instructions
as the Commission may issue, and in addition to gen
eral supervision and control over the printing and
shipment of official
ballots and election returns, the committee on prin
ting of official ballots and election returns shall
(a) take charge of the
room or rooms where the paper and paraphernalia use
d in the printing of official ballots and election
returns are stored
and where printed official ballots and election ret
urns are packed and prepared for shipment, (b) supe
rvise all aspects
relating to the printing, storage and shipment of o
fficial ballots and election returns and report to
the Commission any
irregularity which they believe may have been commi
tted, and (c) perform such other related functions
as the Commission
may direct.
Section 189.
Representatives of the registered political parties
in the verification and distribution of official b
allots and
election returns. -
The ruling party and the dominant opposition party
or their respective duly authorized representative
s in
the different provinces, cities and municipalities,
shall submit the names of their respective watcher
s who, together with
the representatives of the Commission and the provi
ncial, city and municipal treasurer shall verify th
e contents of the
boxes containing the shipment of official ballots,
election returns and sample official ballots receiv
ed by the said
treasurers. The provincial treasurers shall keep a
record of their receipt and distribution to each mu
nicipal treasurer, while
the city and municipal treasurer shall each keep a
record of their distribution to the board of electi
on inspectors.
ARTICLE XVII
CASTING OF VOTES
Section 190.
Voting hours. -
The casting of votes shall start at seven o'clock
in the morning and shall end at three o'clock
in the afternoon, except when there are voters pres
ent within thirty meters in front of the polling pl
ace who have not yet
cast their votes, in which case the voting shall co
ntinue but only to allow said voters to cast their
votes without interruption.
The poll clerk shall, without delay, prepare a comp
lete list containing the names of said voters conse
cutively numbered,
and the voters so listed shall be called to vote by
announcing each name repeatedly three times in the
order in which they
are listed. Any voter in the list who is not presen
t when his name is called out shall not be permitte
d to vote.
Section 191.
Preliminaries to the voting. -
(a) The board of election inspectors shall meet at
the polling place at six-thirty o'clock in the morn
ing of election
day and shall have the book of voters containing al
l the approved applications of registration of vote
rs pertaining
to the polling place, the certified list of voters,
the certified list of candidates, the ballot box,
the official ballots,
sufficient indelible pencils or ball pens for the u
se of the voters, the forms to be used, and all oth
er materials
which may be necessary.
(b) Immediately thereafter, the chairman of the boa
rd of election inspectors shall open the ballot box
, empty both
of its compartments, exhibit them to all those pres
ent and being empty, lock its interior covers with
three
padlocks.
(c) The chairman shall forthwith show to the public
and the watchers present the package of official b
allots
received from the city, or municipal treasurer duly
wrapped and sealed and the number of pads, the ser
ial
numbers and the type forms of the ballots in each p
ad appearing on the cover, and the book of voters d
uly
sealed. The board of election inspectors shall then
break the seals of the package of official ballots
and the book
of voters. The board of election inspectors shall e
nter in the minutes the fact that the package of ba
llots, and the
book of voters were shown to the public with their
wrapping and corresponding seals intact and/or if t
hey find that
the wrapping and seals are broken, such fact must b
e stated in the minutes as well as the number of pa
ds and
the serial numbers of ballots that they find in the
package.
Ballots with separately printed serial numbers shal
l be deemed spurious and shall not be utilized by t
he board of
election inspectors unless the Commission represent
ative shall order their use in writing, stating the
reasons
therefor.
(d) The chairman and the two party members of the b
oard of election inspectors shall retain in their p
ossession
their respective keys to the padlocks during the vo
ting.
(e) The box shall remain locked until the voting is
finished and the counting begins. However, if it s
hould become
necessary to make room for more ballots, the board
of election inspectors may open the box in the pres
ence of
the whole board of election inspectors and the watc
hers, and the chairman shall press down with his ha
nds the
ballots contained therein without removing any of t
hem, after which the board of election inspectors s
hall close
the box and lock it with three padlocks as hereinbe
fore provided.
Section 192.
Persons allowed in and around the polling place. -
During the voting, no person shall be allowed insi
de the
polling place, except the members of the board of e
lection inspectors, the watchers, the representativ
es of the
Commission, the voters casting their votes, the vot
ers waiting for their turn to get inside the booths
whose number shall
not exceed twice the number of booths and the voter
s waiting for their turn to cast their votes whose
number shall not
exceed twenty at any one time. The watchers shall s
tay only in the space reserved for them, it being i
llegal for them to
enter places reserved for the voters or for the boa
rd of election inspectors or to mingle and talk wit
h the voters within the
polling place.
It shall be unlawful for any officer or member of t
he Armed Forces of the Philippines including the Ph
ilippine Constabulary
or the Integrated National Police or peace officer
or any armed person belonging to any extra-legal po
lice agency, special
forces, reaction forces, strike forces, home defens
e units, barangay tanod, or other similar forces or
para-military forces,
including special forces, security guards, special
policeman, and all other kinds of armed or unarmed
extra-legal police
officers, to enter any polling place, unless it is
his polling place where he will vote but in such ca
se he should immediately
leave the polling place, no policeman or peace offi
cer shall be allowed to enter or stay inside the po
lling place except
when there is an actual disturbance of the peace an
d order therein. However, the board of election ins
pectors upon
majority vote, if it deems necessary, may make a ca
ll in writing, duly entered in the minutes, for the
detail of a policeman
or any peace officer for their protection or for th
e protection of the election documents and parapher
nalia, in which case,
the said policeman or peace officer shall stay outs
ide the polling place within a radius of thirty met
ers near enough to be
easily called by the board of election inspectors a
t any time, but never at the door, and in no case s
hall the said policeman
or peace officer hold any conversation with any vot
er or disturb or prevent or in any manner obstruct
the free access of
the voters to the polling place. It shall likewise
be unlawful for any barangay official to enter and
stay inside any polling
place except to vote or except when serving as a wa
tcher or member of the board of election inspectors
, in which case,
he shall leave the polling place immediately after
voting.
Section 193.
Order of voting. -
The voters shall vote in the order of their entran
ce into the polling place. The voters shall
have the right to freely enter the polling place as
soon as they arrive unless there are voters waitin
g inside, in which case
they shall fall in line in the order of their arriv
al and shall not crowd around the table of the boar
d of election inspectors.
The voters after having cast their votes shall imme
diately depart.
Section 194.
Manner of obtaining ballots. -
The voter shall approach the chairman and shall gi
ve his name and address
together with other data concerning his person. In
case any member of the board of election inspectors
doubts the identity
of the voter, the board of election inspectors shal
l check his voter's identification card or, if he d
oes not have any, the
board of election inspectors shall refer to his pho
tograph and signature in the voter's application fo
r registration. If the
board of election inspectors is satisfied with his
identity, the chairman shall distinctly announce th
e voter's name in a tone
loud enough to be plainly heard throughout the poll
ing place. If such voter has not been challenged, o
r if having been
challenged, the question has been decided in his fa
vor, the voter shall forthwith affix his signature
in the proper space in
the voting record, and the chairman shall, after fi
rst entering the number of the ballot in the corres
ponding space of the
voting record, deliver to the voter one ballot corr
ectly folded. No person other than the chairman sha
ll deliver official
ballots nor shall more than one ballot be delivered
at one time.
Section 195.
Manner of preparing the ballot. -
The voter, upon receiving his folded ballot, shall
forthwith proceed to one of
the empty voting booths and shall there fill his ba
llot by writing in the proper space for each office
the name of the
individual candidate for whom he desires to vote.
No voter shall be allowed to enter a booth occupied
by another, nor enter the same accompanied by some
body, except as
provided for in the succeeding section hereof, nor
stay therein for a longer time than necessary, nor
speak with anyone
other than as herein provided while inside the poll
ing place. It shall be unlawful to prepare the ball
ot outside the voting
booth, or to exhibit its contents to any person, or
to erase any printing from the ballot, or to inten
tionally tear or deface the
same or put thereon any distinguishing mark. It sha
ll likewise be unlawful to use carbon paper, paraff
in paper, or other
means for making a copy of the contents of the ball
ot or make use of any other means to identify the v
ote of the voter.
Section 196.
Preparation of ballots for illiterate and disabled
persons. -
A voter who is illiterate or physically unable to
prepare the ballot by himself may be assisted in th
e preparation of his ballot by a relative, by affin
ity or consanguinity
within the fourth civil degree or if he has none, b
y any person of his confidence who belong to the sa
me household or any
member of the board of election inspectors, except
the two party members: Provided, That no voter shal
l be allowed to
vote as illiterate or physically disabled unless it
is so indicated in his registration record: Provid
ed, further, That in no case
shall an assistor assist more than three times exce
pt the non-party members of the board of election i
nspectors. The
person thus chosen shall prepare the ballot for the
illiterate or disabled voter inside the voting boo
th. The person assisting
shall bind himself in a formal document under oath
to fill out the ballot strictly in accordance with
the instructions of the
voter and not to reveal the contents of the ballot
prepared by him. Violation of this provision shall
constitute an election
offense.
Section 197.
Spoiled ballots. -
If a voter should accidentally spoil or deface a b
allot in such a way that it cannot lawfully be
used, he shall surrender if folded to the chairman
who shall note in the corresponding space in the vo
ting record that said
ballot is spoiled. The voter shall then be entitled
to another ballot which the chairman shall give hi
m after announcing the
serial number of the second ballot and recording sa
id serial number in the corresponding spaces in the
voting record. If
the second ballot is again spoiled or defaced in su
ch a way that it cannot lawfully be used, the same
shall be surrendered
to the chairman and recorded in the same manner as
the first spoiled or defaced ballot. However, no vo
ter shall change
his ballot more than twice.
The spoiled ballot shall, without being unfolded an
d without removing the detachable coupon, be distin
ctly marked with
the word "spoiled" and signed by the board of elect
ion inspectors on the endorsement fold thereof and
immediately placed
in the compartment for spoiled ballots.
Section 198.
Voting. -
(a) After the voter has filled his ballot he shall
fold it in the same manner as when he received it a
nd return it to
the chairman.
(b) In the presence of all the members of the board
of election inspectors, he shall affix his thumbma
rk on the
corresponding space in the coupon, and deliver the
folded ballot to the chairman.
(c) The chairman, in the presence and view of the v
oter and all the members of the board of election i
nspectors,
without unfolding the ballot or seeing its contents
, shall verify its number from the voting record wh
ere it was
previously entered.
(d) The voter shall fortwith affix his thumbmark by
the side of his signature in the space intended fo
r that purpose
in the voting record and the chairman shall apply s
ilver nitrate and commassie blue on the right foref
inger nail or
on any other available finger nail, if there be no
forefinger nail.
(e) The chairman shall sign in the proper space bes
ide the thumbmark of the voter.
(f) The chairman, after finding everything to be in
order, shall then detach the coupon in the presenc
e of the
board of election inspectors and of the voter and s
hall deposit the folded ballot in the compartment f
or valid
ballots, and the detached coupon in the compartment
for spoiled ballots.
(g) The voter shall then depart.
Any ballot returned to the chairman whose detachabl
e coupon has been removed not in the presence of th
e
board of election inspectors and of the voter, or a
ny ballot whose number does not coincide with the n
umber of
the ballot delivered to the voter, as entered in th
e voting record, shall be considered as spoiled and
shall be so
marked and signed by the members of the board of el
ection inspectors.
Section 199.
Challenge of illegal voters. -
(a) Any voter, or watcher may challenge any person
offering to vote for not being registered, for usin
g the name
of another or suffering from existing disqualificat
ion. In such case, the board of election inspectors
shall satisfy
itself as to whether or not the ground for the chal
lenge is true by requiring proof of registration or
the identity of
the voter; and
(b) No voter shall be required to present his voter
's affidavit on election day unless his identity is
challenged. His
failure or inability to produce his voter's affidav
it upon being challenged, shall not preclude him fr
om voting if his
identity be shown from the photograph, fingerprints
, or specimen signatures in his approved applicatio
n in the
book of voters or if he is identified under oath by
a member of the board of election inspectors and s
uch
identification shall be reflected in the minutes of
the board.
Section 200.
Challenge based on certain illegal acts. -
Any voter or watcher may challenge any voter offer
ing to vote on
the ground that the challenged person has received
or expects to receive, has paid, offered or promise
d to pay, has
contributed, offered or promised to contribute mone
y or anything of value as consideration for his vot
e or for the vote of
another; that he has made or received a promise to
influence the giving or withholding of any such vot
e or that he has
made a bet or is interested directly or indirectly
in a bet which depends upon the result of the elect
ion. The challenged
person shall take a prescribed oath before the boar
d of election inspectors that he has not committed
any of the acts
alleged in the challenge. Upon the taking of such o
ath, the challenge shall be dismissed and the chall
enged voter shall be
allowed to vote, but in case of his refusal to take
such oath, the challenge shall be sustained and he
shall not be allowed
to vote.
Section 201.
Admission of challenged vote immaterial in criminal
proceedings. -
The admission of the challenged vote
under the two preceding sections shall not be concl
usive upon any court as to the legality of the regi
stration of the voter
challenged or his vote in a criminal action against
such person for illegal registration or voting.
Section 202.
Record of challenges and oaths. -
The poll clerk shall keep a prescribed record of c
hallenges and oaths
taken in connection therewith and the resolution of
the board of election inspectors in each case and,
upon the termination
of the voting, shall certify that it contains all t
he challenges made. The original of this record sha
ll be attached to the
original copy of the minutes of the voting as provi
ded in the succeeding section.
Section 203.
Minutes of voting and counting of votes. -
The board of election inspectors shall prepare and
sign a
statement in four copies setting forth the followin
g:
1. The time the voting commenced and ended;
2. The serial numbers of the official ballots and e
lection returns, special envelopes and seals receiv
ed;
3. The number of official ballots used and the numb
er left unused;
4. The number of voters who cast their votes;
5. The number of voters challenged during the votin
g;
6. The names of the watchers present;
7. The time the counting of votes commenced and end
ed;
8. The number of official ballots found inside the
compartment for valid ballots;
9. The number of valid ballots, if any, retrieved f
rom the compartment for spoiled ballots;
10. The number of ballots, if any, found folded tog
ether;
11. The number of spoiled ballots withdrawn from th
e compartment for valid ballots;
12. The number of excess ballots;
13. The number of marked ballots;
14. The number of ballots read and counted;
15. The time the election returns were signed and s
ealed in their respective special envelopes;
16. The number and nature of protests made by watch
ers; and
17. Such other matters that the Commission may requ
ire.
Copies of this statement after being duly accomplis
hed shall be sealed in separate envelopes and shall
be distributed as
follows: (a) the original to the city or municipal
election registrar; (b) the second copy to be depos
ited inside the
compartment for valid ballots of the ballot box; an
d (c) the third and fourth copies to the representa
tives of the accredited
political parties.
Section 204.
Disposition of unused ballots at the close of the v
oting hours. -
The chairman of the board of election
inspectors shall prepare a list showing the number
of unused ballots together with the serial numbers.
This list shall be
signed by all the members of the board of election
inspectors, after which all the unused ballots shal
l be torn halfway in
the presence of the members of the board of electio
n inspectors.
Section 205.
Prohibition of premature announcement of voting. -
No member of the board of election inspectors shal
l,
before the termination of the voting, make any anno
uncement as to whether a certain registered voter h
as already voted
or not, as to how many have already voted or how ma
ny so far have failed to vote, or any other fact te
nding to show or
showing the state of the polls, nor shall he make a
ny statement at any time, except as witness before
a court, as to how
any person voted.
ARTICLE XVIII
COUNTING OF VOTES
Section 206.
Counting to be public and without interruption. -
As soon as the voting is finished, the board of el
ection
inspectors shall publicly count in the polling plac
e the votes cast and ascertain the results. The boa
rd of election
inspectors shall not adjourn or postpone or delay t
he count until it has been fully completed, unless
otherwise ordered by
the Commission.
The Commission, in the interest of free, orderly, a
nd honest elections, may order the board of electio
n inspectors to count
the votes and to accomplish the election returns an
d other forms prescribed under this Code in any oth
er place within a
public building in the same municipality or city: P
rovided, That the said public building shall not be
located within the
perimeter of or inside a military or police camp or
reservation nor inside a prison compound.
Section 207.
Excess ballots. -
Before proceeding to count the votes the board of
election inspectors shall count the
ballots in the compartment for valid ballots withou
t unfolding them or exposing their contents, except
so far as to ascertain
that each ballot is single, and compare the number
of ballots in the box with the number of voters who
have voted. If there
are excess ballots, they shall be returned in the b
ox and thoroughly mixed therein, and the poll clerk
, without seeing the
ballots and with his back to the box, shall publicl
y draw out as may ballots as may be equal to the ex
cess and without
unfolding them, place them in an envelope which sha
ll be marked "excess ballots" and which shall be se
aled and signed
by the members of the board of election inspectors.
The envelope shall be placed in the compartment fo
r valid ballots, but
its contents shall not be read in the counting of v
otes. If in the course of the examination ballots a
re found folded together
before they were deposited in the box, they shall b
e placed in the envelope for excess ballots. In cas
e ballots with their
detachable coupons be found in the box, such coupon
s shall be removed and deposited in the compartment
for spoiled
ballots, and the ballots shall be included in the f
ile of valid ballots. If ballots with the words "sp
oiled" be found in the box,
such ballots shall likewise be placed in the compar
tment for spoiled ballots.
Section 208.
Marked ballots. -
The board of election inspectors shall then unfold
the ballots and determine whether there
are any marked ballots, and, if any be found, they
shall be placed in an envelope labelled "marked bal
lots" which shall be
sealed and signed by the members of the board of el
ection inspectors and placed in the compartment for
valid ballots and
shall not be counted. A majority vote of the board
of election inspectors shall be sufficient to deter
mine whether any ballot
is marked or not. Non-official ballots which the bo
ard of election inspectors may find, except those w
hich have been used
as emergency ballots, shall be considered as marked
ballots.
Section 209.
Compartment for spoiled ballots. -
The ballots deposited in the compartment for spoil
ed ballots shall be
presumed to be spoiled ballots, whether or not they
contain such notation; but if the board of electio
n inspectors should
find that during the voting any valid ballot was er
roneously deposited in this compartment, or if any
ballot separated as
excess or marked had been erroneously deposited the
rein, the board of election inspectors shall open s
aid compartment
after the voting and before the counting of votes f
or the sole purpose of drawing out the ballots erro
neously deposited
therein. It shall then prepare and sign a statement
of such fact and lock the box with its three keys
immediately thereafter.
The valid ballots so withdrawn shall be mixed with
the other valid ballots, and the excess or marked b
allots shall be placed
in their proper envelopes which shall for such purp
oses be opened and again labelled, sealed, signed a
nd kept as
hereinafter provided.
Section 210.
Manner of counting votes. -
The counting of votes shall be made in the followi
ng manner: the board of
election inspectors shall unfold the ballots and fo
rm separate piles of one hundred ballots each, whic
h shall be held
together with rubber bands, with cardboard of the s
ize of the ballots to serve as folders. The chairma
n of the board of
election inspectors shall take the ballots of the f
irst pile one by one and read the names of candidat
es voted for and the
offices for which they were voted in the order in w
hich they appear thereon, assuming such a position
as to enable all of
the watchers to read such names. The chairman shall
sign and affix his right hand thumbmark at the bac
k of the ballot
immediately after it is counted. The poll clerk, an
d the third member, respectively, shall record on t
he election returns and
the tally board or sheet each vote as the names vot
ed for each office are read.
Each vote shall be recorded by a vertical line, exc
ept every fifth vote which shall be recorded by a d
iagonal line crossing
the previous four vertical lines. One party member
shall see to it that the chairman reads the vote as
written on the ballot,
and the other shall check the recording of the vote
s on the tally board or sheet and the election retu
rns seeing to it that the
same are correctly accomplished. After finishing th
e first pile of ballots, the board of election insp
ectors shall determine
the total number of votes recorded for each candida
te, the sum being noted on the tally board or sheet
and on the election
returns. In case of discrepancy such recount as may
be necessary shall be made. The ballots shall then
be grouped
together again as before the reading. Thereafter, t
he same procedure shall be followed with the second
pile of ballots and
so on successively. After all the ballots have been
read, the board of election inspectors shall sum u
p the totals recorded
for each candidate, and the aggregate sum shall be
recorded both on the tally board or sheet and on th
e election returns.
It shall then place the counted ballots in an envel
ope provided for the purpose, which shall be closed
signed and
deposited in the compartment for valid ballots. The
tally board or sheet as accomplished and certified
by the board of
election inspectors shall not be changed or destroy
ed but shall be kept in the compartment for valid b
allots.
Section 211.
Rules for the appreciation of ballots. -
In the reading and appreciation of ballots, every
ballot shall be
presumed to be valid unless there is clear and good
reason to justify its rejection. The board of elec
tion inspectors shall
observe the following rules, bearing in mind that t
he object of the election is to obtain the expressi
on of the voter's will:
1. Where only the first name of a candidate or only
his surname is written, the vote for such candidat
e is valid, if
there is no other candidate with the same first nam
e or surname for the same office.
2. Where only the first name of a candidate is writ
ten on the ballot, which when read, has a sound sim
ilar to the
surname of another candidate, the vote shall be cou
nted in favor of the candidate with such surname. I
f there are
two or more candidates with the same full name, fir
st name or surname and one of them is the incumbent
, and
on the ballot is written only such full name, first
name or surname, the vote shall be counted in favo
r of the
incumbent.
3. In case the candidate is a woman who uses her ma
iden or married surname or both and there is anothe
r
candidate with the same surname, a ballot bearing o
nly such surname shall be counted in favor of the c
andidate
who is an incumbent.
4. When two or more words are written on the same l
ine on the ballot, all of which are the surnames of
two or
more candidates, the same shall not be counted for
any of them, unless one is a surname of an incumben
t who
has served for at least one year in which case it s
hall be counted in favor of the latter.
When two or more words are written on different lin
es on the ballot all of which are the surnames of t
wo or more
candidates bearing the same surname for an office f
or which the law authorizes the election of more th
an one
and there are the same number of such surnames writ
ten as there are candidates with that surname, the
vote
shall be counted in favor of all the candidates bea
ring the surname.
5. When on the ballot is written a single word whic
h is the first name of a candidate and which is at
the same
time the surname of his opponent, the vote shall be
counted in favor of the latter.
6. When two words are written on the ballot, one of
which is the first name of the candidate and the o
ther is the
surname of his opponent, the vote shall not be coun
ted for either.
7. A name or surname incorrectly written which, whe
n read, has a sound similar to the name or surname
of a
candidate when correctly written shall be counted i
n his favor;
8. When a name of a candidate appears in a space of
the ballot for an office for which he is a candida
te and in
another space for which he is not a candidate, it s
hall be counted in his favor for the office for whi
ch he is a
candidate and the vote for the office for which he
is not a candidate shall be considered as stray, ex
cept when it
is used as a means to identify the voter, in which
case, the whole ballot shall be void.
If the word or words written on the appropriate bla
nk on the ballot is the identical name or surname o
r full name,
as the case may be, of two or more candidates for t
he same office none of whom is an incumbent, the vo
te shall
be counted in favor of that candidate to whose tick
et belong all the other candidates voted for in the
same ballot
for the same constituency.
9. When in a space in the ballot there appears a na
me of a candidate that is erased and another clearl
y written,
the vote is valid for the latter.
10. The erroneous initial of the first name which a
ccompanies the correct surname of a candidate, the
erroneous
initial of the surname accompanying the correct fir
st name of a candidate, or the erroneous middle ini
tial of the
candidate shall not annul the vote in favor of the
latter.
11. The fact that there exists another person who i
s not a candidate with the first name or surname of
a
candidate shall not prevent the adjudication of the
vote of the latter.
12. Ballots which contain prefixes such as "Sr.", "
Mr.", "Datu", "Don", "Ginoo", "Hon.", "Gob." or suf
fixes like
"Hijo", "Jr.", "Segundo", are valid.
13. The use of the nicknames and appellations of af
fection and friendship, if accompanied by the first
name or
surname of the candidate, does not annul such vote,
except when they were used as a means to identify
the
voter, in which case the whole ballot is invalid: P
rovided, That if the nickname used is unaccompanied
by the
name or surname of a candidate and it is the one by
which he is generally or popularly known in the lo
cality, the
name shall be counted in favor of said candidate, i
f there is no other candidate for the same office w
ith the same
nickname.
14. Any vote containing initials only or which is i
llegible or which does not sufficiently identify th
e candidate for
whom it is intended shall be considered as a stray
vote but shall not invalidate the whole ballot.
15. If on the ballot is correctly written the first
name of a candidate but with a different surname,
or the surname
of the candidate is correctly written but with diff
erent first name, the vote shall not be counted in
favor of any
candidate having such first name and/or surname but
the ballot shall be considered valid for other can
didates.
16. Any ballot written with crayon, lead pencil, or
in ink, wholly or in part, shall be valid.
17. Where there are two or more candidates voted fo
r in an office for which the law authorizes the ele
ction of
only one, the vote shall not be counted in favor of
any of them, but this shall not affect the validit
y of the other
votes therein.
18. If the candidates voted for exceed the number o
f those to be elected, the ballot is valid, but the
votes shall be
counted only in favor of the candidates whose names
were firstly written by the voter within the space
s provided
for said office in the ballot until the authorized
number is covered.
19. Any vote in favor of a person who has not filed
a certificate of candidacy or in favor of a candid
ate for an
office for which he did not present himself shall b
e considered as a stray vote but it shall not inval
idate the whole
ballot.
20. Ballots containing the name of a candidate prin
ted and pasted on a blank space of the ballot or af
fixed
thereto through any mechanical process are totally
null and void.
21. Circles, crosses or lines put on the spaces on
which the voter has not voted shall be considered a
s signs to
indicate his desistance from voting and shall not i
nvalidate the ballot.
22. Unless it should clearly appear that they have
been deliberately put by the voter to serve as iden
tification
marks, commas, dots, lines, or hyphens between the
first name and surname of a candidate, or in other
parts of
the ballot, traces of the letter "T", "J", and othe
r similar ones, the first letters or syllables of n
ames which the voter
does not continue, the use of two or more kinds of
writing and unintentional or accidental flourishes,
strokes, or
strains, shall not invalidate the ballot.
23. Any ballot which clearly appears to have been f
illed by two distinct persons before it was deposit
ed in the
ballot box during the voting is totally null and vo
id.
24. Any vote cast in favor of a candidate who has b
een disqualified by final judgment shall be conside
red as
stray and shall not be counted but it shall not inv
alidate the ballot.
25. Ballots wholly written in Arabic in localities
where it is of general use are valid. To read them,
the board of
election inspectors may employ an interpreter who s
hall take an oath that he shall read the votes corr
ectly.
26. The accidental tearing or perforation of a ball
ot does not annul it.
27. Failure to remove the detachable coupon from a
ballot does not annul such ballot.
28. A vote for the President shall also be a vote f
or the Vice-President running under the same ticket
of a political
party, unless the voter votes for a Vice-President
who does not belong to such party.
Section 212.
Election returns. -
The board of election inspectors shall prepare the
election returns simultaneously with the
counting of the votes in the polling place as presc
ribed in Section 210 hereof. The return shall be pr
epared in sextuplicate.
The recording of votes shall be made as prescribed
in said section. The entry of votes in words and fi
gures for each
candidate shall be closed with the signature and th
e clear imprint of the thumbmark of the right hand
of all the members,
likewise to be affixed in full view of the public,
immediately after the last vote recorded or immedia
tely after the name of
the candidate who did not receive any vote.
The returns shall also show the date of the electio
n, the polling place, the barangay and the city of
municipality in which it
was held, the total number of ballots found in the
compartment for valid ballots, the total number of
valid ballots withdrawn
from the compartment for spoiled ballots because th
ey were erroneously placed therein, the total numbe
r of excess
ballots, the total number of marked or void ballots
, and the total number of votes obtained by each ca
ndidate, writing out
the said number in words and figures and, at the en
d thereof, the board of election inspectors shall c
ertify that the
contents are correct. The returns shall be accompli
shed in a single sheet of paper, but if this is not
possible, additional
sheets may be used which shall be prepared in the s
ame manner as the first sheet and likewise certifie
d by the board of
election inspectors.
The Commission shall take steps so that the entries
on the first copy of the election returns are clea
rly reproduced on the
second, third, fourth, fifth, and sixth copies ther
eof, and for this purpose the Commission shall use
a special kind of paper.
Immediately upon the accomplishment of the election
returns, each copy thereof shall be sealed in the
presence of the
watchers and the public, and placed in the proper e
nvelope, which shall likewise be sealed and distrib
uted as herein
provided.
Any election return with a separately printed seria
l number or which bears a different serial number f
rom that assigned to
the particular polling place concerned shall not be
canvassed. This is to be determined by the board o
f canvassers prior to
its canvassing on the basis of the certification of
the provincial, city or municipal treasurer as to
the serial number of the
election return assigned to the said voting precinc
t, unless the Commission shall order in writing for
its canvassing, stating
the reason for the variance in serial numbers.
If the signatures and/or thumbmarks of the members
of the board of election inspectors or some of them
as required in
this provision are missing in the election returns,
the board of canvassers may summon the members of
the board of
election inspectors concerned to complete the retur
ns.
Section 213.
Proclamation of the result of the election in the p
olling place. -
Upon the completion of the election returns,
the chairman of the board of election inspectors sh
all orally and publicly announce the total number o
f votes received in
the election in the polling place by each and every
one of the candidates, stating their corresponding
office.
Section 214.
Disposition of election returns. -
(1) In a presidential election: the board of electi
on inspectors shall prepare in handwriting and sign
the returns of
the election in sextuplicate in their respective po
lling place in a form to be prescribed by the Commi
ssion. One
copy shall be deposited in the compartment of the b
allot box for valid ballots, and in the case of mun
icipalities
two copies including the original copy shall be han
ded to the municipal election registrar who shall i
mmediately
deliver the original copy to the provincial electio
n supervisor and forward the other copy to the Comm
ission, and
one copy each to the authorized representatives of
the accredited political parties. In the case of th
e cities, the
city registrar shall retain the original copy for s
ubmission to the provincial election supervisor, an
d forward the
other copy to the Commission.
(2) In the election for Members of the Batasang Pam
bansa: the original of the election returns shall b
e delivered
to the election registrar of the city or municipali
ty for transmittal to the chairman of the provincia
l board of
canvassers, and direct to the chairman of the city
or district board of canvassers in the urbanized ci
ties and the
districts of Metropolitan Manila, as the case may b
e, for use in the canvass. The second copy shall li
kewise be
delivered to the election registrar for transmittal
to the Commission. The third copy shall be deposit
ed in the
compartment for valid ballots. The fourth copy shal
l be delivered to the election registrar who shall
use said copy
in the tabulation of the advance results of the ele
ction in the city or municipality. The fifth and si
xth copies shall
each respectively be delivered to the members repre
senting political parties represented in the board
of election
inspectors.
(3) In local elections: the original copy of the el
ection returns shall be delivered to the city or mu
nicipal board of
canvassers as a body for its use in the city of mun
icipal canvass. The second copy shall be delivered
to the
election registrar of the city or municipality for
transmittal to the provincial board of canvassers a
s a body for its
use in the provincial canvass. The third copy shall
likewise be delivered to the election registrar fo
r transmittal to
the Commission. The fourth copy shall be deposited
in the compartment for valid ballots. The fifth and
sixth
copies shall each respectively be delivered to the
members representing the political parties represen
ted in the
board of election inspectors.
The Commission shall promulgate rules for the speed
y and safe delivery of the election returns.
Section 215.
Board of election inspectors to issue a certificate
of the number of votes polled by the candidates fo
r an
office to the watchers. -
After the announcement of the results of the elect
ion and before leaving the polling place, it shall
be the duty of the board of election inspectors to
issue a certificate of the number of the votes rece
ived by a candidate
upon request of the watchers. All the members of th
e board of election inspectors shall sign the certi
ficate.
Section 216.
Alterations and corrections in the election returns
. -
Any correction or alteration made in the election,
returns
by the board of election inspectors before the anno
uncement of the results of the election in the poll
ing place shall be duly
initialed by all the members thereof.
After the announcement of the results of the electi
on in the polling place has been made, the board of
election inspectors
shall not make any alteration or amendment in any o
f the copies of the election returns, unless so ord
ered by the
Commission upon petition of the members of the boar
d of election inspectors within five days from the
date of the election
or twenty-four hours from the time a copy of the el
ection returns concerned is opened by the board of
canvassers,
whichever is earlier. The petition shall be accompa
nied by proof of service upon all candidates affect
ed. If the petition is
by all members of the board of election inspectors
and the results of the election would not be affect
ed by said correction
and none of the candidates affected objects thereto
, the Commission, upon being satisfied of the verac
ity of the petition
and of the error alleged therein, shall order the b
oard of election inspectors to make the proper corr
ection on the election
returns.
However, if a candidate affected by said petition o
bjects thereto, whether the petition is filed by al
l or only a majority of the
members of the board of election inspectors and the
results of the election would be affected by the c
orrection sought to
be made, the Commission shall proceed summarily to
hear the petition. If it finds the petition meritor
ious and there are no
evidence or signs indicating that the identity and
integrity of the ballot box have been violated, the
Commission shall order
the opening of the ballot box. After satisfying its
elf that the integrity of the ballots therein has a
lso been duly preserved, the
Commission shall order the recounting of the votes
of the candidates affected and the proper correctio
ns made on the
election returns, unless the correction sought is s
uch that it can be made without need of opening the
ballot box.
Section 217.
Delivery of the ballot boxes, keys and election sup
plies and documents. -
Upon the termination of the
counting of votes, the board of election inspectors
shall place in the compartment for valid ballots,
the envelopes for used
ballots hereinbefore referred to, the unused ballot
s, the tally board or sheet, a copy of the election
returns, and the
minutes of its proceedings, and then shall lock the
ballot box with three padlocks and such safety dev
ices as the
Commission may prescribe. Immediately after the box
is locked, the three keys of the padlocks shall be
placed in three
separate envelopes and shall be sealed and signed b
y all the members of the board of election inspecto
rs.
The authorized representatives of the Commission sh
all forthwith take delivery of said envelopes, sign
ing a receipt
therefor, and deliver without delay one envelope to
the provincial treasurer, another to the provincia
l fiscal and the other to
the provincial election supervisor.
The ballot box, all supplies of the board of electi
on inspectors and all pertinent papers and document
s shall immediately
be delivered by the board of election inspectors an
d the watchers to the city or municipal treasurer w
ho shall keep his
office open all night on the day of election if nec
essary for this purpose, and shall provide the nece
ssary facilities for said
delivery at the expense of the city or municipality
. The book of voters shall be returned to the elect
ion registrar who shall
keep it under his custody. The treasurer and the el
ection registrar, as the case may be, shall on the
day after the election
require the members of the board of election inspec
tors who failed to send the objects referred to her
ein to deliver the
same to him immediately and acknowledge receipt the
reof in detail.
Section 218.
Preservation of the voting record. -
The voting record of each polling place shall be d
elivered to the election
registrar who shall have custody of the same, keepi
ng them in a safe place, until such time that the C
ommission shall give
instructions on their disposition.
Section 219.
Preservation of the ballot boxes, their keys and di
sposition of their contents. -
(a) The provincial election supervisor, the provinc
ial treasurer and the provincial fiscal shall keep
the envelope
containing the keys in their possession intact duri
ng the period of three months following the electio
n. Upon the
lapse of this period, unless the Commission has ord
ered otherwise, the provincial election supervisor
and the
provincial fiscal shall deliver to the provincial t
reasurer the envelope containing the keys under the
ir custody.
(b) The city and municipal treasurer shall keep the
ballot boxes under their responsibility for three
months and
stored unopened in a secure place, unless the Commi
ssion orders otherwise whenever said ballot boxes a
re
needed in any political exercise which might be cal
led within the said period, provided these are not
involved in
any election contest or official investigation, or
the Commission or other competent authority shall d
emand them
sooner or shall order their preservation for a long
er time in connection with any pending contest or i
nvestigation.
However, upon showing by any candidate that the box
es will be in danger of being violated if kept in t
he
possession of such officials, the Commission may or
der them kept by any other official whom it may des
ignate.
Upon the lapse of said time and if there should be
no order to the contrary, the Commission may author
ize the
city and municipal treasurer in the presence of its
representative to open the boxes and burn their co
ntents,
except the copy of the minutes of the voting and th
e election returns deposited therein which they sha
ll take and
keep.
(c) In case of calamity or fortuitous event such as
fire, flood, storm, or other similar calamities wh
ich may actually
cause damage to the ballot boxes and/or their conte
nts, the Commission may authorize the opening of sa
id
ballot boxes to salvage the ballots and other conte
nts by placing them in other ballot boxes, taking s
uch other
precautionary measures as may be necessary to prese
rve such documents.
Section 220.
Documents and articles omitted or erroneously place
d inside the ballot box. -
If after the delivery of the keys
of the ballot box to the proper authorities, the bo
ard of election inspectors shall discover that some
documents or articles
required to be placed in the ballot box were not pl
aced therein, the board of election inspectors, ins
tead of opening the
ballot box in order to place therein said documents
or articles, shall deliver the same to the Commiss
ion or its duly
authorized representatives. In no instance shall th
e ballot box be reopened to place therein or take o
ut therefrom any
document or article except to retrieve copies of th
e election returns which will be needed in any canv
ass and in such
excepted instances, the members of the board of ele
ction inspectors and watchers of the candidates sha
ll be notified of
the time and place of the opening of said ballot bo
x: Provided, however, That if there are other copie
s of the election
returns outside of the ballot box which can be used
in canvass, such copies of the election returns sh
all be used in said
canvass and the opening of the ballot box to retrie
ve copies of the election returns placed therein sh
all then be dispensed
with.
ARTICLE XIX
CANVASS AND PROCLAMATION
Section 221.
Board of canvassers. -
There shall be a board of canvassers for each prov
ince, city, municipality, and
district of Metropolitan Manila as follows:
(a) Provincial board of canvassers. - the provincia
l board of canvassers shall be composed of the prov
incial
election supervisor or a senior lawyer in the regio
nal office of the Commission, as chairman, the prov
incial fiscal,
as vice-chairman, and the provincial superintendent
of schools, and one representative from each of th
e ruling
party and the dominant opposition political party i
n the constituency concerned entitled to be represe
nted, as
members.
(b) City board of canvassers. - the city board of c
anvassers shall be composed of the city election re
gistrar or a
lawyer of the Commission, as chairman, the city fis
cal and the city superintendent of schools, and one
representative from each of the ruling party and th
e dominant opposition political party entitled to b
e represented,
as members.
(c) District board of canvassers of Metropolitan Ma
nila - the district board of canvassers shall be co
mposed of a
lawyer of the Commission, as chairman, and a rankin
g fiscal in the district and the most senior distri
ct school
supervisor in the district to be appointed upon con
sultation with the Ministry of Justice and the Mini
stry of
Education, Culture and Sports, respectively, and on
e representative from each of the ruling party and
the
dominant opposition political party in the constitu
ency concerned, as members.
(d) Municipal board of canvassers. - the municipal
board of canvassers shall be composed of the electi
on
registrar or a representative of the Commission, as
chairman, the municipal treasurer, and the distric
t supervisor
or in his absence any public school principal in th
e municipality and one representative from each of
the ruling
party and the dominant opposition political party e
ntitled to be represented, as members.
(e) Board of canvassers for newly created political
subdivisions - the Commission shall constitute a b
oard of
canvassers and appoint the members thereof for the
first election in a newly created province, city or
municipality
in case the officials who shall act as members ther
eof have not yet assumed their duties and functions
.
Section 222.
Relationship with candidates and other members. -
The chairman and the members of the board of
canvassers shall not be related within the fourth c
ivil degree of consanguinity or affinity to any of
the candidates whose
votes will be canvassed by said board, or to any me
mber of the same board.
Section 223.
Prohibition against leaving official station. -
During the period beginning election day until the
proclamation
of the winning candidates, no member or substitute
member of the different boards of canvassers shall
be transferred,
assigned or detailed outside of his official statio
n, nor shall he leave said station without prior au
thority of the Commission.
Section 224.
Feigned illness. -
Any member of the board of canvassers feigning ill
ness in order to be substituted on
election day until the proclamation of the winning
candidates shall be guilty of an election offense.
Section 225.
Vote required. -
A majority vote of all the members of the board of
canvassers shall be necessary to render
a decision.
Section 226.
Incapacity and substitution of members of boards of
canvassers. -
In case of non-availability, absence,
disqualification due to relationship, or incapacity
for any cause of the chairman, the Commission shal
l designate the
provincial or city fiscal to act as chairman. Likew
ise, in case of non-availability, absence, disquali
fication due to
relationship, or incapacity for any cause, of such
designee, the next ranking provincial or city fisca
l shall be designated by
the Commission and such designation shall pass to t
he next in rank until the designee qualifies. With
respect to the other
members of the board of canvassers, the Commission
shall appoint as substitute the provincial, city or
municipal officers
of other government agencies in the province, city
or municipality, as the case may be, and with respe
ct to the
representatives of the accredited political parties
, the Commission shall appoint as substitutes those
nominated by the
said political parties.
Section 227.
Supervision and control over board of canvassers. -
The Commission shall have direct control and
supervision over the board of canvassers.
Any member of the board of canvassers may, at any t
ime, be relieved for cause and substituted motu pro
prio by the
Commission.
Section 228.
Notice of meeting of the board. -
At least five days before the meeting of the board
, the chairman of the
board shall give notice to all members thereof and
to each candidate and political party of the date,
time and place of the
meeting.
Section 229.
Manner of delivery and transmittal of election retu
rns. -
(a) For the city and municipal board of canvassers,
the copy of the election returns of a polling plac
e intended for
the city or municipal board of canvassers, duly pla
ced inside a sealed envelope signed and affixed wit
h the
imprint of the thumb of the right hand of all the m
embers of the board of election inspectors, shall b
e personally
delivered by the members of the board of election i
nspectors to the city or municipal board of canvass
ers under
proper receipt to be signed by all the members ther
eof.
(b) For the provincial and district boards of canva
ssers in Metropolitan Manila, the copy of the elect
ion returns of
a polling place intended for the provincial or dist
rict board of canvassers in the case of Metropolita
n Manila, shall
be personally delivered by the members of the board
of election inspectors to the election registrar f
or transmittal
to the proper board of canvassers under proper rece
ipt to be signed by all the members thereof.
The election registrar concerned shall place all th
e returns intended for the board of canvassers insi
de a ballot box
provided with three padlocks whose keys shall be ke
pt as follows: one by the election registrar, anoth
er by the
representative of the ruling party and the third by
the representative of the dominant political oppos
ition party.
For this purpose, the two political parties shall d
esignate their representatives whose names shall be
submitted to the
election registrar concerned on or before the tenth
day preceding the election. The three in possessio
n of the keys shall
personally transmit the ballot box, properly locked
, containing the election returns to the board of c
anvassers. Watchers of
political parties, coalition of political parties,
and of organizations collectively authorized by the
Commission to designate
watchers shall have the right to accompany transmit
tal of the ballot boxes containing the election ret
urns.
It shall be unlawful for any person to delay, obstr
uct, impede or prevent through force, violence, coe
rcion, intimidation or
by any means which vitiates consent, the transmitta
l of the election returns or to take away, abscond
with, destroy, deface
or mutilate or substitute the election returns or t
he envelope or the ballot box containing the electi
on returns or to violate
the right of the watchers.
The watchers of the political parties, coalition of
political parties and the candidates shall have th
e right to accompany the
members of the board of election inspectors or the
election registrar in making the delivery to the bo
ards of canvassers.
Section 230.
Safekeeping of transmitted election returns. -
The board of canvassers shall keep the ballot boxe
s
containing the election returns in a safe and secur
e room before and after the canvass. The door to th
e room must be
padlocked by three locks with the keys thereof kept
as follows: one with the chairman, the other with
the representative of
the ruling party, and the other with the representa
tive of the dominant opposition political party. Th
e watchers of
candidates, political parties, coalition of politic
al parties and organization collectively authorized
by the Commission to
appoint watchers shall have the right to guard the
room. Violation of this right shall constitute an e
lection offense.
Section 231.
Canvass by the board. -
The board of canvassers shall meet not later than
six o'clock in the afternoon of
election day at the place designated by the Commiss
ion to receive the election returns and to immediat
ely canvass those
that may have already been received. It shall meet
continuously from day to day until the canvass is c
ompleted, and may
adjourn but only for the purpose of awaiting the ot
her election returns from other polling places with
in its jurisdiction. Each
time the board adjourns, it shall make a total of a
ll the votes canvassed so far for each candidate fo
r each office,
furnishing the Commission in Manila by the fastest
means of communication a certified copy thereof, an
d making
available the data contained therein to the mass me
dia and other interested parties. As soon as the ot
her election returns
are delivered, the board shall immediately resume c
anvassing until all the returns have been canvassed
.
The respective board of canvassers shall prepare a
certificate of canvass duly signed and affixed with
the imprint of the
thumb of the right hand of each member, supported b
y a statement of the votes received by each candida
te in each
polling place and, on the basis thereof, shall proc
laim as elected the candidates who obtained the hig
hest number of votes
cast in the province, city, municipality or baranga
y. Failure to comply with this requirement shall co
nstitute an election
offense.
Subject to reasonable exceptions, the board of canv
assers must complete their canvass within thirty-si
x hours in
municipalities, forty-eight hours in cities and sev
enty-two hours in provinces. Violation hereof shall
be an election offense
punishable under Section 264 hereof.
With respect to the election for President and Vice
-President, the provincial and city boards of canva
ssers shall prepare in
quintuplicate a certificate of canvass supported by
a statement of votes received by each candidate in
each polling place
and transmit the first copy thereof to the Speaker
of the Batasang Pambansa. The second copy shall be
transmitted to the
Commission, the third copy shall be kept by the pro
vincial election supervisor or city election regist
rar; the fourth and the
fifth copies to each of the two accredited politica
l parties.
Section 232.
Persons not allowed inside the canvassing room. -
It shall be unlawful for any officer or member of
the
Armed Forces of the Philippines, including the Phil
ippine Constabulary, or the Integrated National Pol
ice or any peace
officer or any armed or unarmed persons belonging t
o an extra-legal police agency, special forces, rea
ction forces, strike
forces, home defense forces, barangay self-defense
units, barangay tanod, or of any member of the secu
rity or police
organizations of government ministries, commissions
, councils, bureaus, offices, instrumentalities, or
government-owned
or controlled corporations or their subsidiaries or
of any member of a privately owned or operated sec
urity, investigative,
protective or intelligence agency performing identi
cal or similar functions to enter the room where th
e canvassing of the
election returns are held by the board of canvasser
s and within a radius of fifty meters from such roo
m: Provided,
however, That the board of canvassers by a majority
vote, if it deems necessary, may make a call in wr
iting for the detail
of policemen or any peace officers for their protec
tion or for the protection of the election document
s and paraphernalia in
the possession of the board, or for the maintenance
of peace and order, in which case said policemen o
r peace officers,
who shall be in proper uniform, shall stay outside
the room within a radius of thirty meters near enou
gh to be easily called
by the board of canvassers at any time.
Section 233.
When the election returns are delayed, lost or dest
royed. -
In case its copy of the election returns is missin
g,
the board of canvassers shall, by messenger or othe
rwise, obtain such missing election returns from th
e board of election
inspectors concerned, or if said returns have been
lost or destroyed, the board of canvassers, upon pr
ior authority of the
Commission, may use any of the authentic copies of
said election returns or a certified copy of said e
lection returns
issued by the Commission, and forthwith direct its
representative to investigate the case and immediat
ely report the
matter to the Commission.
The board of canvassers, notwithstanding the fact t
hat not all the election returns have been received
by it, may terminate
the canvass and proclaim the candidates elected on
the basis of the available election returns if the
missing election
returns will not affect the results of the election
.
Section 234.
Material defects in the election returns. -
If it should clearly appear that some requisites i
n form or data had
been omitted in the election returns, the board of
canvassers shall call for all the members of the bo
ard of election
inspectors concerned by the most expeditious means,
for the same board to effect the correction: Provi
ded, That in case
of the omission in the election returns of the name
of any candidate and/or his corresponding votes, t
he board of
canvassers shall require the board of election insp
ectors concerned to complete the necessary data in
the election returns
and affix therein their initials: Provided, further
, That if the votes omitted in the returns cannot b
e ascertained by other
means except by recounting the ballots, the Commiss
ion, after satisfying itself that the identity and
integrity of the ballot
box have not been violated, shall order the board o
f election inspectors to open the ballot box, and,
also after satisfying
itself that the integrity of the ballots therein ha
s been duly preserved, order the board of election
inspectors to count the
votes for the candidate whose votes have been omitt
ed with notice thereof to all candidates for the po
sition involved and
thereafter complete the returns.
The right of a candidate to avail of this provision
shall not be lost or affected by the fact that an
election protest is
subsequently filed by any of the candidates.
Section 235.
When election returns appear to be tampered with or
falsified. -
If the election returns submitted to the board
of canvassers appear to be tampered with, altered o
r falsified after they have left the hands of the b
oard of election
inspectors, or otherwise not authentic, or were pre
pared by the board of election inspectors under dur
ess, force,
intimidation, or prepared by persons other than the
member of the board of election inspectors, the bo
ard of canvassers
shall use the other copies of said election returns
and, if necessary, the copy inside the ballot box
which upon previous
authority given by the Commission may be retrieved
in accordance with Section 220 hereof. If the other
copies of the
returns are likewise tampered with, altered, falsif
ied, not authentic, prepared under duress, force, i
ntimidation, or prepared
by persons other than the members of the board of e
lection inspectors, the board of canvassers or any
candidate affected
shall bring the matter to the attention of the Comm
ission. The Commission shall then, after giving not
ice to all candidates
concerned and after satisfying itself that nothing
in the ballot box indicate that its identity and in
tegrity have been violated,
order the opening of the ballot box and, likewise a
fter satisfying itself that the integrity of the ba
llots therein has been duly
preserved shall order the board of election inspect
ors to recount the votes of the candidates affected
and prepare a new
return which shall then be used by the board of can
vassers as basis of the canvass.
Section 236.
Discrepancies in election returns. -
In case it appears to the board of canvassers that
there exists
discrepancies in the other authentic copies of the
election returns from a polling place or discrepanc
ies in the votes of any
candidate in words and figures in the same return,
and in either case the difference affects the resul
ts of the election, the
Commission, upon motion of the board of canvassers
or any candidate affected and after due notice to a
ll candidates
concerned, shall proceed summarily to determine whe
ther the integrity of the ballot box had been prese
rved, and once
satisfied thereof shall order the opening of the ba
llot box to recount the votes cast in the polling p
lace solely for the
purpose of determining the true result of the count
of votes of the candidates concerned.
Section 237.
When integrity of ballots is violated. -
If upon the opening of the ballot box as ordered b
y the Commission
under Sections 234, 235 and 236, hereof, it should
appear that there are evidence or signs of replacem
ent, tampering or
violation of the integrity of the ballots, the Comm
ission shall not recount the ballots but shall fort
hwith seal the ballot box
and order its safekeeping.
Section 238.
Canvass of remaining or unquestioned returns to con
tinue. -
In cases under Sections 233, 234, 235 and 236
hereof, the board of canvassers shall continue the
canvass of the remaining or unquestioned election r
eturns. If, after the
canvass of all the said returns, it should be deter
mined that the returns which have been set aside wi
ll affect the result of
the election, no proclamation shall be made except
upon orders of the Commission after due notice and
hearing. Any
proclamation made in violation hereof shall be null
and void.
Section 239.
Watchers. -
Each candidate, political party or coalition of po
litical parties shall be entitled to appoint one
watcher in the board of canvassers. The watcher sha
ll have the right to be present at, and take note o
f, all the
proceedings of the board of canvassers, to read the
election returns without touching them, to file a
protest against any
irregularity in the election returns submitted, and
to obtain from the board of canvassers a resolutio
n thereon.
Section 240.
Election resulting in tie. -
Whenever it shall appear from the canvass that two
or more candidates have
received an equal and highest number of votes, or i
n cases where two or more candidates are to be elec
ted for the same
position and two or more candidates received the sa
me number of votes for the last place in the number
to be elected, the
board of canvassers, after recording this fact in i
ts minutes, shall by resolution, upon five days not
ice to all the tied
candidates, hold a special public meeting at which
the board of canvassers shall proceed to the drawin
g of lots of the
candidates who have tied and shall proclaim as elec
ted the candidates who may be favored by luck, and
the candidates
so proclaimed shall have the right to assume office
in the same manner as if he had been elected by pl
urality of vote. The
board of canvassers shall forthwith make a certific
ate stating the name of the candidate who had been
favored by luck
and his proclamation on the basis thereof.
Nothing in this section shall be construed as depri
ving a candidate of his right to contest the electi
on.
ARTICLE XX
PRE-PROCLAMATION CONTROVERSIES
Section 241.
Definition. -
A pre-proclamation controversy refers to any quest
ion pertaining to or affecting the proceedings
of the board of canvassers which may be raised by a
ny candidate or by any registered political party o
r coalition of
political parties before the board or directly with
the Commission, or any matter raised under Section
s 233, 234, 235 and
236 in relation to the preparation, transmission, r
eceipt, custody and appreciation of the election re
turns.
Section 242.
Commission's exclusive jurisdiction of all pre-proc
lamation controversies. -
The Commission shall have
exclusive jurisdiction of all pre-proclamation cont
roversies. It may motu proprio or upon written peti
tion, and after due
notice and hearing, order the partial or total susp
ension of the proclamation of any candidate-elect o
r annual partially or
totally any proclamation, if one has been made, as
the evidence shall warrant in accordance with the s
ucceeding sections.
Section 243.
Issues that may be raised in pre-proclamation contr
oversy. -
The following shall be proper issues that may
be raised in a pre-proclamation controversy:
(a) Illegal composition or proceedings of the board
of canvassers;
(b) The canvassed election returns are incomplete,
contain material defects, appear to be tampered wit
h or
falsified, or contain discrepancies in the same ret
urns or in other authentic copies thereof as mentio
ned in
Sections 233, 234, 235 and 236 of this Code;
(c) The election returns were prepared under duress
, threats, coercion, or intimidation, or they are o
bviously
manufactured or not authentic; and
(d) When substitute or fraudulent returns in contro
verted polling places were canvassed, the results o
f which
materially affected the standing of the aggrieved c
andidate or candidates.
Section 244.
Contested composition or proceedings of the board.
-
When the composition or proceedings of the board o
f
canvassers are contested, the board of canvassers s
hall, within twenty-four hours, make a ruling there
on with notice to
the contestant who, if adversely affected, may appe
al the matter to the Commission within five days af
ter the ruling with
proper notice to the board of canvassers. After due
notice and hearing, the Commission shall decide th
e case within ten
days from the filing thereof. During the pendency o
f the case, the board of canvassers shall suspend t
he canvass until the
Commission orders the continuation or resumption th
ereof and citing their reasons or grounds therefor.
Section 245.
Contested election returns. -
Any candidate, political party or coalition of pol
itical parties, contesting the
inclusion or exclusion in the canvass of any electi
on returns on any of the grounds authorized under t
his article or in
Sections 234, 235 and 236 of Article XIX shall subm
it their verbal objections to the chairman of the b
oard of canvassers at
the time the questioned returns is presented for in
clusion or exclusion, which objections shall be not
ed in the minutes of
the canvassing.
The board of canvassers upon receipt of any such ob
jections shall automatically defer the canvass of t
he contested
returns and shall proceed to canvass the rest of th
e returns which are not contested by any party.
Within twenty-four hours from and after the present
ation of a verbal objection, the same shall be subm
itted in written form
to the board of canvassers. Thereafter, the board o
f canvassers shall take up each contested return, c
onsider the written
objections thereto and summarily rule thereon. Said
ruling shall be made oral initially and then reduc
ed to writing by the
board within twenty-four hours from the time the or
al ruling is made.
Any party adversely affected by an oral ruling on i
ts/his objection shall immediately state orally whe
ther it/he intends to
appeal said ruling. The said intent to appeal shall
be stated in the minutes of the canvassing. If a p
arty manifests its intent
to appeal, the board of canvassers shall set aside
the return and proceed to rule on the other contest
ed returns. When all
the contested returns have been ruled upon by it, t
he board of canvassers shall suspend the canvass an
d shall make an
appropriate report to the Commission, copy furnishe
d the parties.
The board of canvassers shall not proclaim any cand
idate as winner unless authorized by the Commission
after the latter
has ruled on the objections brought to it on appeal
by the losing party and any proclamation made in v
iolation hereof shall
be void ab initio, unless the contested returns wil
l not adversely affect the results of the election.
Section 246.
Summary proceedings before the Commission. -
All pre-proclamation controversies shall be heard
summarily by the Commission after due notice and he
aring, and its decisions shall be executory after t
he lapse of five
days from receipt by the losing party of the decisi
on of the Commission, unless restrained by the Supr
eme Court.
Section 247.
Partial proclamation. -
Notwithstanding the pendency of any pre-proclamati
on controversy, the Commission
may, motu proprio or upon the filing of a verified
petition and after due notice and hearing, order th
e proclamation of other
winning candidates whose election will not be affec
ted by the outcome of the controversy.
Section 248.
Effect of filing petition to annual or to suspend t
he proclamation. -
The filing with the Commission of a
petition to annual or to suspend the proclamation o
f any candidate shall suspend the running of the pe
riod within which to
file an election protest or quo warranto proceeding
s.
ARTICLE XXI
ELECTION CONTESTS
Section 249.
Jurisdiction of the Commission. -
The Commission shall be the sole judge of all cont
ests relating to the
elections, returns, and qualifications of all Membe
rs of the Batasang Pambansa, elective regional, pro
vincial and city
officials.
Section 250.
Election contests for Batasang Pambansa, regional,
provincial and city offices. -
A sworn petition contesting
the election of any Member of the Batasang Pambansa
or any regional, provincial or city official shall
be filed with the
Commission by any candidate who has duly filed a ce
rtificate of candidacy and has been voted for the s
ame office, within
ten days after the proclamation of the results of t
he election.
Section 251.
Election contests for municipal offices. -
A sworn petition contesting the election of a muni
cipal officer shall
be filed with the proper regional trial court by an
y candidate who has duly filed a certificate of can
didacy and has been
voted for the same office, within ten days after pr
oclamation of the results of the election.
Section 252.
Election contest for barangay offices. -
A sworn petition contesting the election of a bara
ngay officer shall be
filed with the proper municipal or metropolitan tri
al court by any candidate who has duly filed a cert
ificate of candidacy and
has been voted for the same office, within ten days
after the proclamation of the results of the elect
ion. The trial court shall
decide the election protest within fifteen days aft
er the filing thereof. The decision of the municipa
l or metropolitan trial
court may be appealed within ten days from receipt
of a copy thereof by the aggrieved party to the reg
ional trial court
which shall decide the case within thirty days from
its submission, and whose decisions shall be final
.
Section 253.
Petition for quo warranto. -
Any voter contesting the election of any Member of
the Batasang Pambansa,
regional, provincial, or city officer on the ground
of ineligibility or of disloyalty to the Republic
of the Philippines shall file a
sworn petition for quo warranto with the Commission
within ten days after the proclamation of the resu
lts of the election.
Any voter contesting the election of any municipal
or barangay officer on the ground of ineligibility
or of disloyalty to the
Republic of the Philippines shall file a sworn peti
tion for quo warranto with the regional trial court
or metropolitan or
municipal trial court, respectively, within ten day
s after the proclamation of the results of the elec
tion.
Section 254.
Procedure in election contests. -
The Commission shall prescribe the rules to govern
the procedure and
other matters relating to election contests pertain
ing to all national, regional, provincial, and city
offices not later than thirty
days before such elections. Such rules shall provid
e a simple and inexpensive procedure for the expedi
tious disposition of
election contests and shall be published in at leas
t two newspapers of general circulation.
However, with respect to election contests involvin
g municipal and barangay offices the following rule
s of procedure shall
govern:
(a) Notice of the protest contesting the election o
f a candidate for a municipal or barangay office sh
all be served
upon the candidate by means of a summons at the pos
tal address stated in his certificate of candidacy
except
when the protestee, without waiting for the summons
, has made the court understand that he has been no
tified
of the protest or has filed his answer hereto;
(b) The protestee shall answer the protest within f
ive days after receipt of the summons, or, in case
there has
been no summons from the date of his appearance and
in all cases before the commencement of the hearin
g of
the protest or contest. The answer shall deal only
with the election in the polling places which are c
overed by the
allegations of the contest;
(c) Should the protestee desire to impugn the votes
received by the protestant in other polling places
, he shall file
a counter-protest within the same period fixed for
the answer serving a copy thereof upon the protesta
nt by
registered mail or by personal delivery or through
the sheriff;
(d) The protestant shall answer the counter-protest
within five days after notice;
(e) Within the period of five days counted from the
filing of the protest any other candidate for the
same office
may intervene in the case as other contestants and
ask for affirmative relief in his favor by a petiti
on in
intervention, which shall be considered as another
contest, except that it shall be substantiated with
in the same
proceedings. The protestant or protestee shall answ
er the protest in intervention within five days aft
er notice;
(f) If no answer shall be filed to the contest, cou
nter-protest, or to the protest in intervention, wi
thin the time limits
respectively fixed, a general denial shall be deeme
d to have been entered;
(g) In election contest proceedings, the permanent
registry list of voters shall be conclusive in rega
rd to the
question as to who had the right to vote in said el
ection.
Section 255.
Judicial counting of votes in election contest. -
Where allegations in a protest or counter-protest s
o warrant,
or whenever in the opinion of the court the interes
ts of justice so require, it shall immediately orde
r the book of voters,
ballot boxes and their keys, ballots and other docu
ments used in the election be brought before it and
that the ballots be
examined and the votes recounted.
Section 256.
Appeals. -
Appeals from any decision rendered by the regional
trial court under Section
251 and paragraph two, Section 253 hereof with resp
ect to quo warranto petitions filed in election con
tests affecting
municipal officers, the aggrieved party may appeal
to the Intermediate Appellate Court within five day
s after receipt of a
copy of the decision. No motion for reconsideration
shall be entertained by the court. The appeal shal
l be decided within
sixty days after the case has been submitted for de
cision.
Section 257.
Decision in the Commission. -
The Commission shall decide all election cases bro
ught before it within ninety
days from the date of their submission for decision
. The decision of the Commission shall become final
thirty days after
receipt of judgment.
Section 258.
Preferential disposition of contests in courts. -
The courts, in their respective cases, shall give
preference to
election contests over all other cases, except thos
e of habeas corpus, and shall without delay, hear a
nd, within thirty days
from the date of their submission for decision, but
in every case within six months after filing, deci
de the same.
Section 259.
Actual or compensatory damages. -
Actual or compensatory damages may be granted in a
ll election
contests or in quo warranto proceedings in accordan
ce with law.
Section 260.
Notice of decisions. -
The clerk of court and the corresponding official
in the Commission before whom an
election contest or a quo warranto proceeding has b
een instituted or where the appeal of said case has
been taken shall
notify immediately the President of the Philippines
of the final disposition thereof. In election cont
ests involving provincial,
city, municipal, or barangay offices, notice of suc
h final disposition shall also be sent to the secre
tary of the local
sanggunian concerned. If the decision be that none
of the parties has been legally elected, said offic
ial shall certify such
decision to the President of the Philippines and, i
n appropriate cases, to the Commission.
ARTICLE XXII
ELECTION OFFENSES
Section 261.
Prohibited Acts. -
The following shall be guilty of an election offen
se:
(a) Vote-buying and vote-selling. -
(1) Any person who gives, offers or promises money
or anything of value, gives or promises any office
or employment, franchise or grant, public or privat
e, or makes or offers to make an expenditure, direc
tly
or indirectly, or cause an expenditure to be made t
o any person, association, corporation, entity, or
community in order to induce anyone or the public i
n general to vote for or against any candidate or
withhold his vote in the election, or to vote for o
r against any aspirant for the nomination or choice
of a
candidate in a convention or similar selection proc
ess of a political party.
(2) Any person, association, corporation, group or
community who solicits or receives, directly or
indirectly, any expenditure or promise of any offic
e or employment, public or private, for any of the
foregoing considerations.
(b) Conspiracy to bribe voters. - Two or more perso
ns, whether candidates or not, who come to an agree
ment
concerning the commission of any violation of parag
raph (a) of this section and decide to commit it.
(c) Wagering upon result of election. - Any person
who bets or wagers upon the outcome of, or any cont
ingency
connected with an election. Any money or thing of v
alue or deposit of money or thing of value situated
anywhere
in the Philippines put as such bet or wager shall b
e forfeited to the government.
(d) Coercion of subordinates. -
(1) Any public officer, or any officer of any publi
c or private corporation or association, or any hea
d,
superior, or administrator of any religious organiz
ation, or any employer or land-owner who coerces or
intimidates or compels, or in any manner influence,
directly or indirectly, any of his subordinates or
members or parishioners or employees or house helpe
rs, tenants, overseers, farm helpers, tillers, or
lease holders to aid, campaign or vote for or again
st any candidate or any aspirant for the nomination
or
selection of candidates.
(2) Any public officer or any officer of any commer
cial, industrial, agricultural, economic or social
enterprise or public or private corporation or asso
ciation, or any head, superior or administrator of
any
religious organization, or any employer or landowne
r who dismisses or threatens to dismiss, punishes
or threatens to punish be reducing his salary, wage
or compensation, or by demotion, transfer,
suspension, separation, excommunication, ejectment,
or causing him annoyance in the performance of
his job or in his membership, any subordinate membe
r or affiliate, parishioner, employee or house
helper, tenant, overseer, farm helper, tiller, or l
ease holder, for disobeying or not complying with a
ny of
the acts ordered by the former to aid, campaign or
vote for or against any candidate, or any aspirant
for
the nomination or selection of candidates.
(e) Threats, intimidation, terrorism, use of fraudu
lent device or other forms of coercion. - Any perso
n who, directly
or indirectly, threatens, intimidates or actually c
auses, inflicts or produces any violence, injury, p
unishment,
damage, loss or disadvantage upon any person or per
sons or that of the immediate members of his family
, his
honor or property, or uses any fraudulent device or
scheme to compel or induce the registration or ref
raining
from registration of any voter, or the participatio
n in a campaign or refraining or desistance from an
y campaign,
or the casting of any vote or omission to vote, or
any promise of such registration, campaign, vote, o
r omission
therefrom.
(f) Coercion of election officials and employees. -
Any person who, directly or indirectly, threatens,
intimidates,
terrorizes or coerces any election official or empl
oyee in the performance of his election functions o
r duties.
(g) Appointment of new employees, creation of new p
osition, promotion, or giving salary increases. - D
uring the
period of forty-five days before a regular election
and thirty days before a special election,
(1) any head, official or appointing officer of a g
overnment office, agency or instrumentality, whethe
r
national or local, including government-owned or co
ntrolled corporations, who appoints or hires any ne
w
employee, whether provisional, temporary or casual,
or creates and fills any new position, except upon
prior authority of the Commission. The Commission s
hall not grant the authority sought unless, it is
satisfied that the position to be filled is essenti
al to the proper functioning of the office or agenc
y
concerned, and that the position shall not be fille
d in a manner that may influence the election.
As an exception to the foregoing provisions, a new
employee may be appointed in case of urgent need:
Provided, however, That notice of the appointment s
hall be given to the Commission within three days
from the date of the appointment. Any appointment o
r hiring in violation of this provision shall be nu
ll
and void.
(2) Any government official who promotes, or gives
any increase of salary or remuneration or privilege
to any government official or employee, including t
hose in government-owned or controlled
corporations.
(h) Transfer of officers and employees in the civil
service. - Any public official who makes or causes
any transfer
or detail whatever of any officer or employee in th
e civil service including public school teachers, w
ithin the
election period except upon prior approval of the C
ommission.
(i) Intervention of public officers and employees.
- Any officer or employee in the civil service, exc
ept those
holding political offices; any officer, employee, o
r member or the Armed Forces of the Philippines, or
any police
force, special forces, home defense forces, baranga
y self-defense units and all other para-military un
its that now
exist or which may hereafter be organized who, dire
ctly or indirectly, intervenes in any election camp
aign or
engages in any partisan political activity, except
to vote or to preserve public order, if he is a pea
ce officer.
(j) Undue influence. - It is unlawful for any perso
n to promise any office or employment, public or pr
ivate, or to
make or offer to make an expenditure, directly or i
ndirectly, or to cause an expenditure to be made to
any
person, association, corporation or entity, which m
ay induce anyone or the public in general either to
vote or
withhold his vote, or to vote for or against any ca
ndidate in any election or any aspirant for the nom
ination or
selection of an official candidate in a convention
of a political party. It is likewise unlawful for a
ny person,
association, corporation or community, to solicit o
r receive, directly or indirectly, any expenditure
or promise or
any office, or employment, public or private, for a
ny of the foregoing considerations.
(k) Unlawful electioneering. - It is unlawful to so
licit votes or undertake any propaganda on the day
of registration
before the board of election inspectors and on the
day of election, for or against any candidate or an
y political
party within the polling place and with a radius of
thirty meters thereof.
(l) Prohibition against dismissal of employees, lab
orers, or tenants. - No employee or laborer shall b
e dismissed,
nor a tenant be ejected from his landholdings for r
efusing or failing to vote for any candidate of his
employer or
landowner. Any employee, laborer or tenant so dismi
ssed or ejected shall be reinstated and the salary
or wage
of the employee or laborer, or the share of the har
vest of the tenant, shall be restored to the aggrie
ved party
upon application to the proper court.
(m) Appointment or use of special policemen, specia
l agents, confidential agents or the like. - During
the
campaign period, on the day before and on election
day, any appointing authority who appoints or any p
erson
who utilizes the services of special policemen, spe
cial agents, confidential agents or persons perform
ing similar
functions; persons previously appointed as special
policemen, special agents, confidential agents or p
ersons
performing similar functions who continue acting as
such, and those who fail to turn over their firear
ms, uniforms,
insignias and other badges of authority to the prop
er officer who issued the same.
At the start of the aforementioned period, the bara
ngay chairman, municipal mayor, city mayor, provinc
ial
governor, or any appointing authority shall submit
to the Commission a complete list of all special po
licemen,
special agents, confidential agents or persons perf
orming similar functions in the employ of their res
pective
political subdivisions, with such particulars as th
e Commission may require.
(n) Illegal release of prisoners before and after e
lection. - The Director of the Bureau of Prisons, a
ny provincial
warden, the keeper of the jail or the person or per
sons required by law to keep prisoners in their cus
tody who
illegally orders or allows any prisoner detained in
the national penitentiary, or the provincial, city
or municipal jail
to leave the premises thereof sixty days before and
thirty days after the election. The municipal or c
ity warden,
the provincial warden, the keeper of the jail or th
e person or persons required by law to keep prisone
rs in their
custody shall post in three conspicuous public plac
es a list of the prisoners or detention prisoners u
nder their
care. Detention prisoners must be categorized as su
ch.
(o) Use of public funds, money deposited in trust,
equipment, facilities owned or controlled by the go
vernment for
an election campaign. - Any person who uses under a
ny guise whatsoever, directly or indirectly, (1) pu
blic funds
or money deposited with, or held in trust by, publi
c financing institutions or by government offices,
banks, or
agencies; (2) any printing press, radio, or televis
ion station or audio-visual equipment operated by t
he
Government or by its divisions, sub-divisions, agen
cies or instrumentalities, including government-own
ed or
controlled corporations, or by the Armed Forces of
the Philippines; or (3) any equipment, vehicle, fac
ility,
apparatus, or paraphernalia owned by the government
or by its political subdivisions, agencies includi
ng
government-owned or controlled corporations, or by
the Armed Forces of the Philippines for any electio
n
campaign or for any partisan political activity.
(p) Deadly weapons. - Any person who carries any de
adly weapon in the polling place and within a radiu
s of one
hundred meters thereof during the days and hours fi
xed by law for the registration of voters in the po
lling place,
voting, counting of votes, or preparation of the el
ection returns. However, in cases of affray, turmoi
l, or disorder,
any peace officer or public officer authorized by t
he Commission to supervise the election is entitled
to carry
firearms or any other weapon for the purpose of pre
serving order and enforcing the law.
(q) Carrying firearms outside residence or place of
business. - Any person who, although possessing a
permit to
carry firearms, carries any firearms outside his re
sidence or place of business during the election pe
riod, unless
authorized in writing by the Commission: Provided,
That a motor vehicle, water or air craft shall not
be
considered a residence or place of business or exte
nsion hereof.
This prohibition shall not apply to cashiers and di
sbursing officers while in the performance of their
duties or to
persons who by nature of their official duties, pro
fession, business or occupation habitually carry la
rge sums of
money or valuables.
(r) Use of armored land, water or air craft. - Any
person who uses during the campaign period, on the
day before
and on election day, any armored land, water or air
craft, provided with any temporary or permanent eq
uipment
or any other device or contraption for the mounting
or installation of cannons, machine guns and other
similar
high caliber firearms, including military type tank
s, half trucks, scout trucks, armored trucks, of an
y make or
model, whether new, reconditioned, rebuilt or remod
elled: Provided, That banking or financial institut
ions and all
business firms may use not more than two armored ve
hicles strictly for, and limited to, the purpose of
transporting cash, gold bullion or other valuables
in connection with their business from and to their
place of
business, upon previous authority of the Commission
.
(s) Wearing of uniforms and bearing arms. - During
the campaign period, on the day before and on elect
ion day,
any member of security or police organization of go
vernment agencies, commissions, councils, bureaus,
offices,
or government-owned or controlled corporations, or
privately-owned or operated security, investigative
,
protective or intelligence agencies, who wears his
uniform or uses his insignia, decorations or regali
a, or bears
arms outside the immediate vicinity of his place of
work: Provided, That this prohibition shall not ap
ply when said
member is in pursuit of a person who has committed
or is committing a crime in the premises he is guar
ding; or
when escorting or providing security for the transp
ort of payrolls, deposits, or other valuables; or w
hen guarding
the residence of private persons or when guarding p
rivate residences, buildings or offices: Provided,
further, That
in the last case prior written approval of the Comm
ission shall be obtained. The Commission shall deci
de all
applications for authority under this paragraph wit
hin fifteen days from the date of the filing of suc
h application.
During the same period, and ending thirty days ther
eafter any member of the Armed Forces of the Philip
pines,
special, forces, home defense forces, barangay self
-defense units and all other para-military units th
at now exist
or which may hereafter be organized who wears his u
niform or bears arms outside the camp, garrison or
barracks to which he is assigned or detailed or out
side their homes, in case of members of para-milita
ry units,
unless (1) the President of the Philippines shall h
ave given previous authority therefor, and the Comm
ission
notified thereof in writing, or (2) the Commission
authorizes him to do so, which authority it shall g
ive only when
necessary to assist it in maintaining free, orderly
and honest elections, and only after notice and he
aring. All
personnel of the Armed Forces authorized by the Pre
sident or the Commission to bear arms or wear their
uniforms outside their camps and all police and pea
ce officers shall bear their true name, rank and se
rial
number, if any, stitched in block letters on a whit
e background on the left breast of their uniform, i
n letters and
numbers of a clearly legible design at least two ce
ntimeters tall, which shall at all times remain vis
ible and
uncovered.
During the election period, whenever the Commission
finds it necessary for the promotion of free, orde
rly, honest
and peaceful elections in a specific area, it shall
confiscate or order the confiscation of firearms o
f any member
or members of the Armed Forces of the Philippines,
police forces, home defense forces, barangay self-d
efense
units, and all other para-military units that now e
xist, or which may hereafter be organized, or any m
ember or
members of the security or police organization, gov
ernment ministries, commissions, councils, bureaus,
offices,
instrumentalities, or government-owned or controlle
d corporations and other subsidiaries, or of any me
mber or
members of privately owned or operated security, in
vestigative, protective or intelligence agencies pe
rforming
identical or similar functions.
(t) Policemen and provincial guards acting as bodyg
uards or security guards. - During the campaign per
iod, on
the day before and on election day, any member of t
he city or municipal police force, any provincial o
r sub-
provincial guard, any member of the Armed Forces of
the Philippines, special forces, home defense forc
es,
barangay self-defense units and all other para-mili
tary units that now exist or which may hereafter be
organized
who acts as bodyguard or security guard of any publ
ic official, candidate or any other person, and any
of the
latter who utilizes the services of the former as b
odyguard or security guard: Provided, That, after d
ue notice and
hearing, when the life and security of a candidate
is in jeopardy, the Commission is empowered to assi
gn at the
candidate's choice, any member of the Philippine Co
nstabulary or the police force of any municipality
within the
province to act as his bodyguard or security guard
in a number to be determined by the Commission but
not to
exceed three per candidate: Provided, however, That
when the circumstances require immediate action, t
he
Commission may issue a temporary order allowing the
assignment of any member of the Philippine Constab
ulary
or the local police force to act as bodyguard or se
curity guard of the candidate, subject to confirmat
ion or
revocation.
(u) Organization or maintenance of reaction forces,
strike forces, or other similar forces. - Any pers
on who
organizes or maintains a reaction force, strike for
ce or similar force during the election period.
The heads of all reaction forces, strike forces, or
similar forces shall, not later than forty-five da
ys before the
election, submit to the Commission a complete list
of all members thereof with such particulars as the
Commission may require.
(v) Prohibition against release, disbursement or ex
penditure of public funds. - Any public official or
employee
including barangay officials and those of governmen
t-owned or controlled corporations and their subsid
iaries,
who, during forty-five days before a regular electi
on and thirty days before a special election, relea
ses, disburses
or expends any public funds for:
(1) Any and all kinds of public works, except the f
ollowing:
(a) Maintenance of existing and/or completed public
works project: Provided, That not more
than the average number of laborers or employees al
ready employed therein during the six-
month period immediately prior to the beginning of
the forty-five day period before election day
shall be permitted to work during such time: Provid
ed, further, That no additional laborers shall
be employed for maintenance work within the said pe
riod of forty-five days;
(b) Work undertaken by contract through public bidd
ing held, or by negotiated contract
awarded, before the forty-five day period before el
ection: Provided, That work for the purpose
of this section undertaken under the so-called "tak
ay" or "paquiao" system shall not be
considered as work by contract;
(c) Payment for the usual cost of preparation for w
orking drawings, specifications, bills of
materials, estimates, and other procedures preparat
ory to actual construction including the
purchase of materials and equipment, and all incide
ntal expenses for wages of watchmen and
other laborers employed for such work in the centra
l office and field storehouses before the
beginning of such period: Provided, That the number
of such laborers shall not be increased
over the number hired when the project or projects
were commenced; and
(d) Emergency work necessitated by the occurrence o
f a public calamity, but such work shall
be limited to the restoration of the damaged facili
ty.
No payment shall be made within five days before th
e date of election to laborers who have rendered
services in projects or works except those falling
under subparagraphs (a), (b), (c), and (d), of this
paragraph.
This prohibition shall not apply to ongoing public
works projects commenced before the campaign
period or similar projects under foreign agreements
. For purposes of this provision, it shall be the d
uty
of the government officials or agencies concerned t
o report to the Commission the list of all such
projects being undertaken by them.
(2) The Ministry of Social Services and Development
and any other office in other ministries of the
government performing functions similar to said min
istry, except for salaries of personnel, and for su
ch
other routine and normal expenses, and for such oth
er expenses as the Commission may authorize
after due notice and hearing. Should a calamity or
disaster occur, all releases normally or usually
coursed through the said ministries and offices of
other ministries shall be turned over to, and
administered and disbursed by, the Philippine Natio
nal Red Cross, subject to the supervision of the
Commission on Audit or its representatives, and no
candidate or his or her spouse or member of his
family within the second civil degree of affinity o
r consanguinity shall participate, directly or indi
rectly, in
the distribution of any relief or other goods to th
e victims of the calamity or disaster; and
(3) The Ministry of Human Settlements and any other
office in any other ministry of the government
performing functions similar to said ministry, exce
pt for salaries of personnel and for such other
necessary administrative or other expenses as the C
ommission may authorize after due notice and
hearing.
(w) Prohibition against construction of public work
s, delivery of materials for public works and issua
nce of
treasury warrants and similar devices. - During the
period of forty-five days preceding a regular elec
tion and thirty
days before a special election, any person who (a)
undertakes the construction of any public works, ex
cept for
projects or works exempted in the preceding paragra
ph; or (b) issues, uses or avails of treasury warra
nts or any
device undertaking future delivery of money, goods
or other things of value chargeable against public
funds.
(x) Suspension of elective provincial, city, munici
pal or barangay officer. - The provisions of law to
the contrary
notwithstanding during the election period, any pub
lic official who suspends, without prior approval o
f the
Commission, any elective provincial, city, municipa
l or barangay officer, unless said suspension will
be for
purposes of applying the "Anti-Graft and Corrupt Pr
actices Act" in relation to the suspension and remo
val of
elective officials; in which case the provisions of
this section shall be inapplicable.
(y) On Registration of Voters:
(1) Any person who, having all the qualifications a
nd none of the disqualifications of a voter, fails
without
justifiable excuse to register as a voter in an ele
ction, plebiscite or referendum in which he is qual
ified to
vote.
(2) Any person who knowingly makes any false or unt
ruthful statement relative to any of the data or
information required in the application for registr
ation.
(3) Any person who deliberately imprints or causes
the imprinting of blurred or indistinct fingerprint
s on
any of the copies of the application for registrati
on or on the voter's affidavit; or any person in ch
arge of
the registration of voters who deliberately or thro
ugh negligence, causes or allows the imprinting of
blurred or indistinct fingerprints on any of the af
orementioned registration forms, or any person who
tampers with the fingerprints in said registration
records.
(4) Any member of the board of election inspectors
who approves any application which on its face
shows that the applicant does not possess all the q
ualifications prescribed by law for a voter; or who
disapproves any application which on its face shows
that the applicant possesses all such
qualifications.
(5) Any person who, being a registered voter, regis
ters anew without filing an application for
cancellation of his previous registration.
(6) Any person who registers in substitution for an
other whether with or without the latter's knowledg
e or
consent.
(7) Any person who tampers with or changes without
authority any data or entry in any voter's
application for registration.
(8) Any person who delays, hinders or obstruct anot
her from registering.
(9) Any person who falsely certifies or identifies
another as a bona fide resident of a particular pla
ce or
locality for the purpose of securing the latter's r
egistration as a voter.
(10) Any person who uses the voter's affidavit of a
nother for the purpose of voting, whether or not he
actually succeeds in voting.
(11) Any person who places, inserts or otherwise in
cludes, as approved application for registration in
the book of voters or in the provincial or national
central files of registered voters, the applicatio
n of any
fictitious voter or any application that has not be
en approved; or removes from, or otherwise takes ou
t of
the book of voters or the provincial or national ce
ntral files of registered voters any duly approved
voter's application, except upon lawful order of th
e Commission, or of a competent court or after prop
er
cancellation as provided in Sections 122, 123, 124
and 125 hereof.
(12) Any person who transfers or causes the transfe
r of the registration record of a voter to the book
of
voters of another polling place, unless said transf
er was due to a change of address of the voter and
the
voter was duly notified of his new polling place.
(13) Any person who asks, demands, takes, accepts o
r possesses, directly or indirectly, the voter's
affidavit of another, in order to induce the latter
to withhold his vote, or to vote for or against an
y
candidate in an election or any issue in a plebisci
te or referendum. It shall be presumed prima facie
that
the asking, demanding, taking, accepting, or posses
sing is with such intent if done within the period
beginning ten days before election day and ending t
en days after election day, unless the voter's
affidavit of another and the latter are both member
s of the same family.
(14) Any person who delivers, hands over, entrusts,
gives, directly or indirectly his voter's affidavi
t to
another in consideration of money or other benefit
or promises thereof, or takes or accepts such voter
's
affidavit directly or indirectly, by giving or caus
ing the giving of money or other benefit or making
or
causing the making of a promise thereof.
(15) Any person who alters in any manner, tears, de
faces, removes or destroys any certified list of
voters.
(16) Any person who takes, carries or possesses any
blank or unused registration form already issued
to a city or municipality outside of said city or m
unicipality except as otherwise provided in this Co
de or
when directed by express order of the court or of t
he Commission.
(17) Any person who maliciously omits, tampers or t
ransfers to another list the name of a registered
voter from the official list of voters posted outsi
de the polling place.
(z) On voting:
(1) Any person who fails to cast his vote without j
ustifiable excuse.
(2) Any person who votes more than once in the same
election, or who, not being a registered voter,
votes in an election.
(3) Any person who votes in substitution for anothe
r whether with or without the latter's knowledge
and/or consent.
(4) Any person who, not being illiterate or physica
lly disabled, allows his ballot to be prepared by
another, or any person who prepares the ballot of a
nother who is not illiterate or physically disabled
,
with or without the latter's knowledge and/or conse
nt.
(5) Any person who avails himself of any means of s
cheme to discover the contents of the ballot of a
voter who is preparing or casting his vote or who h
as just voted.
(6) Any voter who, in the course of voting, uses a
ballot other than the one given by the board of
election inspectors or has in his possession more t
han one official ballot.
(7) Any person who places under arrest or detains a
voter without lawful cause, or molests him in such
a manner as to obstruct or prevent him from going t
o the polling place to cast his vote or from return
ing
home after casting his vote, or to compel him to re
veal how he voted.
(8) Any member of the board of election inspectors
charged with the duty of reading the ballot during
the counting of votes who deliberately omits to rea
d the vote duly written on the ballot, or misreads
the
vote actually written thereon or reads the name of
a candidate where no name is written on the ballot.
(9) Any member of the board of election inspectors
charged with the duty of tallying
the votes in the tally board or sheet, election ret
urns or other prescribed form who deliberately fail
s to
record a vote therein or records erroneously the vo
tes as read, or records a vote where no such vote
has been read by the chairman.
(10) Any member of a board of election inspectors w
ho has made possible the casting of more votes
than there are registered voters.
(11) Any person who, for the purpose of disrupting
or obstructing the election process or causing
confusion among the voters, propagates false and al
arming reports or information or transmits or
circulates false orders, directives or messages reg
arding any matter relating to the printing of offic
ial
ballots, the postponement of the election, the tran
sfer of polling place or the general conduct of the
election.
(12) Any person who, without legal authority, destr
oys, substitutes or takes away from the possession
of
those having legal custody thereof, or from the pla
ce where they are legally deposited, any election
form or document or ballot box which contains offic
ial ballots or other documents used in the election
.
(13) Any person having legal custody of the ballot
box containing the official ballots used in the ele
ction
who opens or destroys said box or removes or destro
ys its contents without or against the order of the
Commission or who, through his negligence, enables
any person to commit any of the aforementioned
acts, or takes away said ballot box from his custod
y.
(14) Any member of the board of election inspectors
who knowingly uses ballots other than the official
ballots, except in those cases where the use of eme
rgency ballots is authorized.
(15) Any public official who neglects or fails to p
roperly preserve or account for any ballot box,
documents and forms received by him and kept under
his custody.
(16) Any person who reveals the contents of the bal
lot of an illiterate or disabled voter whom he
assisted in preparing a ballot.
(17) Any person who, without authority, transfers t
he location of a polling place.
(18) Any person who, without authority, prints or c
auses the printing of any ballot or election return
s that
appears as official ballots or election returns or
who distributes or causes the same to be distribute
d for
use in the election, whether or not they are actual
ly used.
(19) Any person who, without authority, keeps, uses
or carries out or causes to be kept, used or carri
ed
out, any official ballot or election returns or pri
nted proof thereof, type-form mould, electro-type p
rinting
plates and any other plate, numbering machines and
other printing paraphernalia being used in
connection with the printing of official ballots or
election returns.
(20) Any official or employee of any printing estab
lishment or of the Commission or any member of the
committee in charge of the printing of official bal
lots or election returns who causes official ballot
s or
election returns to be printed in quantities exceed
ing those authorized by the Commission or who
distributes, delivers, or in any manner disposes of
or causes to be distributed, delivered, or dispose
d of,
any official ballot or election returns to any pers
on or persons not authorized by law or by the
Commission to receive or keep official ballots or e
lection returns or who sends or causes them to be
sent to any place not designated by law or by the C
ommission.
(21) Any person who, through any act, means or devi
ce, violates the integrity of any official ballot o
r
election returns before or after they are used in t
he election.
(22) Any person who removes, tears, defaces or dest
roys any certified list of candidates posted inside
the voting booths during the hours of voting.
(23) Any person who holds or causes the holding of
an election on any other day than that fixed by law
or by the Commission, or stops any election being l
egally held.
(24) Any person who deliberately blurs his fingerpr
int in the voting record.
(aa) On Canvassing:
(1) Any chairman of the board of canvassers who fai
ls to give due notice of the date, time and place o
f
the meeting of said board to the candidates, politi
cal parties and/or members of the board.
(2) Any member of the board of canvassers who proce
eds with the canvass of the votes and/or
proclamation of any candidate which was suspended o
r annulled by the Commission.
(3) Any member of the board of canvassers who proce
eds with the canvass of votes and/or
proclamation of any candidate in the absence of quo
rum, or without giving due notice of the date, time
and place of the meeting of the board to the candid
ates, political parties, and/or other members of th
e
board.
(4) Any member of the board of canvassers who, with
out authority of the Commission, uses in the
canvass of votes and/or proclamation of any candida
te any document other than the official copy of the
election returns.
(bb) Common to all boards of election inspectors an
d boards of canvassers:
(1) Any member of any board of election inspectors
or board of canvassers who deliberately absents
himself from the meetings of said body for the purp
ose of obstructing or delaying the performance of i
ts
duties or functions.
(2) Any member of any board of election inspectors
or board of canvassers who, without justifiable
reason, refuses to sign and certify any election fo
rm required by this Code or prescribed by the
Commission although he was present during the meeti
ng of the said body.
(3) Any person who, being ineligible for appointmen
t as member of any board of election inspectors or
board of canvassers, accepts an appointment to said
body, assumes office, and actually serves as a
member thereof, or any of public officer or any per
son acting in his behalf who appoints such ineligib
le
person knowing him to be ineligible.
(4) Any person who, in the presence or within the h
earing of any board of election inspectors or board
of
canvassers during any of its meetings, conducts him
self in such a disorderly manner as to interrupt or
disrupt the work or proceedings to the end of preve
nting said body from performing its functions, eith
er
partly or totally.
(5) Any public official or person acting in his beh
alf who relieves any member of any board of electio
n
inspectors or board of canvassers or who changes or
causes the change of the assignments of any
member of said board of election inspectors or boar
d of canvassers without authority of the
Commission.
(cc) On candidacy and campaign:
(1) Any political party which holds political conve
ntions or meetings to nominate its official candida
tes
earlier that the period fixed in this Code.
(2) Any person who abstracts, destroys or cancels a
ny certificate of candidacy duly filed and which ha
s
not been cancelled upon order of the Commission.
(3) Any person who misleads the board of election i
nspectors by submitting any false or spurious
certificate of candidacy or document to the prejudi
ce of a candidate.
(4) Any person who, being authorized to receive cer
tificates of candidacy, receives any certificate of
candidacy outside the period for filing the same an
d makes it appear that said certificate of candidac
y
was filed on time; or any person who, by means of f
raud, threat, intimidation, terrorism or coercion,
causes or compels the commission of said act.
(5) Any person who, by any device or means, jams, o
bstructs or interferes with a radio or television
broadcast of any lawful political program.
(6) Any person who solicits votes or undertakes any
propaganda, on the day of election, for or against
any candidate or any political party within the pol
ling place or within a radius of thirty meters ther
eof.
(dd) Other prohibitions:
(1) Any person who sells, furnishes, offers, buys,
serves or takes intoxicating liquor on the days fix
ed by
law for the registration of voters in the polling p
lace, or on the day before the election or on elect
ion day:
Provided, That hotels and other establishments duly
certified by the Ministry of Tourism as tourist
oriented and habitually in the business of catering
to foreign tourists may be exempted for justifiabl
e
reasons upon prior authority of the Commission: Pro
vided, further, That foreign tourists taking
intoxicating liquor in said authorized hotels or es
tablishments are exempted from the provisions of th
is
subparagraph.
(2) Any person who opens in any polling place or wi
thin a radius of thirty meters thereof on election
day
and during the counting of votes, booths or stalls
of any kind for the sale, dispensing or display of
wares, merchandise or refreshments, whether solid o
r liquid, or for any other purposes.
(3) Any person who holds on election day, fairs, co
ckfights, boxing, horse races, jai-alai or any othe
r
similar sports.
(4) Refusal to carry election mail matter. - Any op
erator or employee of a public utility or transport
ation
company operating under a certificate of public con
venience, including government-owned or controlled
postal service or its employees or deputized agents
who refuse to carry official election mail matters
free of charge during the election period. In addit
ion to the penalty prescribed herein, such refusal
shall
constitute a ground for cancellation or revocation
of certificate of public convenience or franchise.
(5) Prohibition against discrimination in the sale
of air time. - Any person who operates a radio or
television station who without justifiable cause di
scriminates against any political party, coalition
or
aggroupment of parties or any candidate in the sale
of air time. In addition to the penalty prescribed
herein, such refusal shall constitute a ground for
cancellation or revocation of the franchise.
Section 262.
Other election offenses. -
Violation of the provisions, or pertinent portions
, of the following sections of this
Code shall constitute election offenses: Sections 9
, 18, 74, 75, 76, 80, 81, 82, 83, 84, 85, 86, 87, 8
8, 89, 95, 96, 97, 98,
99, 100, 101, 102, 103, 104, 105, 106 107, 108, 109
, 110, 111, 112, 122, 123, 127, 128, 129, 132, 134,
135, 145, 148,
150, 152, 172, 173, 174, 178, 180, 182, 184, 185, 1
86, 189, 190, 191, 192, 194, 195, 196, 197, 198, 20
2, 203, 204, 205,
206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 2
16, 217, 218, 219, 220, 223, 229, 230, 231, 233, 23
4, 235, 236, 239
and 240.
Section 263.
Persons criminally liable. -
The principals, accomplices, and accessories, as d
efined in the Revised Penal
Code, shall be criminally liable for election offen
ses. If the one responsible be a political party or
an entity, its president or
head, the officials and employees of the same, perf
orming duties connected with the offense committed
and its members
who may be principals, accomplices, or accessories
shall be liable, in addition to the liability of su
ch party or entity.
Section 264.
Penalties. -
Any person found guilty of any election offense un
der this Code shall be punished with
imprisonment of not less than one year but not more
than six years and shall not be subject to probati
on. In addition, the
guilty party shall be sentenced to suffer disqualif
ication to hold public office and deprivation of th
e right of suffrage. If he is
a foreigner, he shall be sentenced to deportation w
hich shall be enforced after the prison term has be
en served. Any
political party found guilty shall be sentenced to
pay a fine of not less than ten thousand pesos, whi
ch shall be imposed
upon such party after criminal action has been inst
ituted in which their corresponding officials have
been found guilty.
In case of prisoner or prisoners illegally released
from any penitentiary or jail during the prohibite
d period as provided in
Section 261, paragraph (n) of this Code, the direct
or of prisons, provincial warden, keeper of the jai
l or prison, or persons
who are required by law to keep said prisoner in th
eir custody shall, if convicted by a competent cour
t, be sentenced to
suffer the penalty of prision mayor in its maximum
period if the prisoner or prisoners so illegally re
leased commit any act
of intimidation, terrorism of interference in the e
lection.
Any person found guilty of the offense of failure t
o register or failure to vote shall, upon convictio
n, be fined one hundred
pesos. In addition, he shall suffer disqualificatio
n to run for public office in the next succeeding e
lection following his
conviction or be appointed to a public office for a
period of one year following his conviction.
Section 265.
Prosecution. -
The Commission shall, through its duly authorized
legal officers, have the exclusive power to
conduct preliminary investigation of all election o
ffenses punishable under this Code, and to prosecut
e the same. The
Commission may avail of the assistance of other pro
secuting arms of the government: Provided, however,
That in the
event that the Commission fails to act on any compl
aint within four months from his filing, the compla
inant may file the
complaint with the office of the fiscal or with the
Ministry of Justice for proper investigation and p
rosecution, if warranted.
Section 266.
Arrest in connection with the election campaign. -
No person shall be arrested and/or detained at any
time
for any alleged offense committed during and in con
nection with any election through any act or langua
ge tending to
support or oppose any candidate, political party or
coalition of political parties under or pursuant t
o any order of whatever
name or nature and by whomsoever issued except only
upon a warrant of arrest issued by a competent jud
ge after all the
requirements of the Constitution shall have been st
rictly complied with.
If the offense charged is punishable under a presid
ential decree whether originally or by amendment of
a previous law,
the death penalty shall not be imposed upon the off
ender except where murder, rape or arson is involve
d. In all cases, the
penalty shall not be higher than reclusion perpetua
and the offender shall be entitled to reasonable b
ail upon sufficient
sureties to be granted speedily by the competent co
urt. Moreover, loss of the right of citizenship and
confiscation of
property shall not be imposed.
Any officer or a person who shall violate any provi
sion of this section shall be punished by imprisonm
ent of not less than
six (6) years and one (1) day nor more than twelve
(12) years, with the accessory penalties for electi
on offenses. The
provision of Section 267 of this Code shall not app
ly to prosecution under this section.
Section 267.
Prescription. -
Election offenses shall prescribe after five years
from the date of their commission. If the
discovery of the offense be made in an election con
test proceedings, the period of prescription shall
commence on the
date on which the judgment in such proceedings beco
mes final and executory.
Section 268.
Jurisdiction of courts. -
The regional trial court shall have the exclusive
original jurisdiction to try and decide
any criminal action or proceedings for violation of
this Code, except those relating to the offense of
failure to register or
failure to vote which shall be under the jurisdicti
on of the metropolitan or municipal trial courts. F
rom the decision of the
courts, appeal will lie as in other criminal cases.
Section 269.
Preferential disposition of election offenses. -
The investigation and prosecution of cases involvi
ng violations
of the election laws shall be given preference and
priority by the Commission on Elections and prosecu
ting officials. Their
investigation shall be commenced without delay, and
shall be resolved by the investigating officer wit
hin five days from its
submission for resolution. The courts shall likewis
e give preference to election offenses over all oth
er cases, except
petitions for writ of habeas corpus. Their trial sh
all likewise be commenced without delay, and shall
be conducted
continuously until terminated, and the case shall b
e decided within thirty days from its submission fo
r decision.
ARTICLE XXIII
LEGAL FEES
Section 270.
Collection of legal fees. -
The Commission is hereby authorized to collect fee
s as follows:
(a) For furnishing certified transcript of records
or copies of any record, decision or ruling or entr
y of which any
person is entitled to demand and receive a copy, fo
r every page P 2.00
(b) For every certificate or writ or process 10.00
(c) For each certificate not on process 2.00
(d) In appropriate cases, for filing a second and s
ucceeding motions for reconsideration 50.00
(e) For every search of any record of more than one
year's standing and reading the same 10.00
Section 271.
Payment of Fees. -
The fees mentioned in the preceding section shall
be paid to the cashier of the
Commission who shall in all cases issue a receipt f
or the same and shall enter the amount received upo
n his book
specifying the date when received, the fee, and the
person from whom received. The cashier shall immed
iately report
such payment to the Commission.
ARTICLE XXIV
TRANSITORY PROVISIONS
Section 272.
Pending actions. -
Pending actions and causes of action arising befor
e the effectivity of this Code shall be
governed by the laws then in force.
Section 273.
Designation of certain pre-election acts immediatel
y after the approval of this Code. -
If it should no longer
be reasonably possible to observe the periods and d
ates herein prescribed for certain pre-election act
s in the election
immediately following the approval of this Code, th
e Commission shall fix other periods in order to en
sure that voters shall
not be deprived of their right of suffrage.
Section 274.
Accreditation of dominant opposition party. -
For purposes of the next local elections in 1986 a
nd the next
presidential elections in 1987 or earlier, the domi
nant opposition party shall be that political party
, group or organization or
coalition of major national or regional political p
arties opposed to the majority party which has the
capability to wage a
bona fide nationwide campaign as shown by the exten
t of its organization and the number of Members of
Parliament
affiliated with it: Provided, however, That with sp
ecific reference to the next local elections in con
stituencies which are
represented in the Batasang Pambansa by Members who
do not belong either to the majority party or to t
he political party
or coalition of political parties described above,
the representatives of the opposition in the board
of election inspectors,
board of canvassers or other similar bodies shall b
e proposed exclusively by the party to which said M
ember of the
Batasang Pambansa belong: Provided, however, That i
t is registered before the next local elections.
Any political party, group or organization or coali
tion of political parties seeking accreditation und
er this section shall file a
verified petition with the Commission on Elections
stating therein such information as may be necessar
y to enable the
Commission to determine the qualifications for accr
editation in accordance with the standard herein pr
ovided.
The Commission on Elections shall accredit the domi
nant opposition party not later than thirty days be
fore the campaign
period in every election.
In case a presidential election is held before the
next local elections or before the presidential ele
ction in 1987, the
provisions of the Constitution shall be enforced in
determining which shall be the dominant opposition
party for purposes
of the next local elections.
Section 275.
Party representatives in the board of election insp
ectors. -
Until such time as the two accredited political
parties are determined in accordance with the provi
sions of the Constitution, the two members shall ea
ch be proposed by
the ruling party and the dominant opposition party
as may be determined by the Commission pursuant to
the provisions of
this Code.
Section 276.
Appropriations, and insurance for board of election
inspectors. -
The cost of holding the next local elections
provided in this Code shall be funded out of the cu
rrent appropriations of the Commission on Elections
provided for this
purpose. In case of deficiency, additional funding
may be provided out of the special activities fund
intended for special
priority activities authorized in the General Appro
priations Act.
The chairman and the poll clerk of the board of ele
ction inspectors shall receive per diem at the rate
of one hundred pesos
on election day and fifty pesos on each of the regi
stration and revision days. The inspectors of the p
olitical parties shall be
granted a per diem of fifty pesos on election day a
nd twenty-five pesos on each of the registration an
d revision days.
Education support personnel of the Ministry of Educ
ation, Culture and Sports shall receive a per diem
of twenty-five pesos
during election day.
Supervisors, principals and other administrators of
the Ministry of Education, Culture and Sports who
may be asked by the
Commission, and actually report, for supervisory as
signment during registration and election day shall
be entitled to a per
diem of fifty pesos.
The provincial, city and municipal treasurers shall
receive per diem at the rate of one hundred pesos
on election day.
Payments of per diems under this section shall be m
ade within seventy-two hours after the election or
registration day.
The chairman, poll clerk and party representatives
in the board of election inspectors shall be insure
d with the government
Service Insurance System at fifty thousand pesos ea
ch under terms and conditions that shall be agreed
upon by the
Chairman of the Commission, the Ministries of the B
udget, and the Minister of Education, Culture and S
ports.
Section 277.
Special election for President before 1987. -
In case a vacancy in the Office of the President o
ccurs before
the presidential election in 1987, the Speaker of t
he Batasang Pambansa shall act as President until a
President and a
Vice-President or either of them shall have been el
ected and shall have qualified. Their term of offic
e shall commence at
noon of the tenth day following their proclamation,
and shall end at noon on the thirtieth day of June
of the sixth year
thereafter.
The Acting President may not declare martial law or
suspend the privilege of the writ of habeas corpus
without the prior
consent of at least a majority of all the Members o
f the Batasang Pambansa, or issue any decree, order
or letter of
instructions while the lawmaking power of the Presi
dent is in force. He shall be deemed automatically
on leave and the,
Speaker Pro-Tempore shall act as Speaker. While act
ing as President, the Speaker may not be removed. H
e shall not be
eligible for election in the immediately succeeding
election for President and Vice-President.
The Batasang Pambansa shall, at ten o'clock in the
morning of the third day after the vacancy occurs,
convene in
accordance with its rules without need of a call an
d within seven days enact a law calling for a speci
al election to elect a
President and a Vice-president to be held not earli
er than forty-five days nor later than sixty days f
rom the time of such
call. The bill calling such special election shall
be deemed certified under paragraph (2), Section 19
, Article VIII of the
Constitution and shall become law upon its approval
on third reading by the Batasang Pambansa. Appropr
iations for the
special election shall be charged against any curre
nt appropriations and shall be exempt from the requ
irements of
paragraph (4), Section 16 of Article VIII of the Co
nstitution. As provided in the third paragraph, Sec
tion 9 of Article VII
thereof, the convening of the Batasang Pambansa can
not be suspended nor the special election postponed
. No special
election shall be called if the vacancy occurs with
in seventy days before the date of the presidential
election of 1987.
Appointments extended by the Acting President shall
remain effective, unless revoked by the newly elec
ted President
within ninety days from his assumption of office.
Section 278.
Special election to fill existing vacancies in the
Batasang Pambansa. -
The election of Members to fill
existing vacancies in the Batasang Pambansa shall b
e held simultaneously with the next local election
in 1986 or in the
next special national election for President and Vi
ce-President if one is held earlier.
Section 279.
Elective officials in existing sub-provinces. -
The election of elective public officials in existi
ng sub-provinces
shall likewise be held simultaneously with the next
local elections of 1986 and 1990 in accordance wit
h their respective
charters, subject to the same term, qualifications,
manner of election and resolution of election cont
roversies as are herein
provided for comparable provincial elective officia
ls.
ARTICLE XXV
FINAL PROVISIONS
Section 280.
Reorganization of the Commission on Elections. -
In order to promote maximum efficiency in carrying
out its
constitutional duty to insure free, orderly and hon
est elections and in discharging its judicial power
s and functions under
the Constitution, the Commission is hereby authoriz
ed to reorganize its office within twelve months af
ter the first election
to be held under this Code. It may create, merge, o
r abolish departments, offices, divisions or units,
redistribute functions
and reassign personnel, change designations of exis
ting positions subject to pertinent existing laws a
nd regulations. It
may recommend the levels and rates of salaries of i
ts subordinate officials and employees subject to t
he laws and
regulations on civil service and compensation, posi
tion classification and standardization of salaries
: Provided, That no
permanent official or employee already in the servi
ce of the Commission, upon approval of this Code, s
hall be laid off, or
demoted in rank or salary.
Section 281.
Separability clause. -
If for any reason any section or provision of this
Code, or any portion thereof, or the
application of such section, provision or portion t
o any person, group or circumstance is declared inv
alid or
unconstitutional, the remainder of this Code or the
application of such section, provision or portion
thereof to other
persons, groups or circumstances shall not be affec
ted by such declaration.
Section 282.
Repealing clause. -
Presidential Decree No. 1296, otherwise known as T
he 1978 Election Code, as
amended, is hereby repealed. All other election law
s, decrees, executive orders, rules and regulations
, or parts thereof,
inconsistent with the provisions of this Code are h
ereby repealed, except Presidential Decree No. 1618
and Batas
Pambansa Blg. 20 governing the election of the memb
ers of the Sangguniang Pampook of Regions IX and XI
I.
Section 283.
Effectivity. -
This Code shall take effect upon its approval.
Approved, December 3, 1985.