Annex1 Election Offenses

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5/8/2016 Annex 1: Election Offenses | The Philippine Online Chronicles

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Annex 1: Election OensesWritten by AdministratorTuesday, 27 April 2010 - Last Updated on April 27, 2010

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By a Voter

Pre-Election Oenses Election Oenses

Making any false or untruthful statement regarding any of the data

or information required in the application for registration;

Registering anew without ling an application for cancellation of his

previous registration;

Registering in substitution for another whether with or without the

latter’s knowledge or consent;

Delivering, handing over, entrusting or giving, directly or indirectly

his voter’s identication card to another in consideration of money

or other benet of promise; or take or accept such voter’sidentication card, directly or indirectly, by giving or causing the

giving of money or other benet or making or causing the making of

a promise therefore;

Deadly

weapons (in the

polling place or aradius of 100

meter thereof);

Voting more

than once in the

same election,

or who, not

being a

registered

voter, votes in

an election;

Voting in

substitution for

another

whether with or

without the

latter’s

knowledge

and/or consent;

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assuming oce, and

actually serving as a

member thereof by

any person who, being

ineligible for

appointment; xiii

Refusing to sign or

certify any election

form required by this

Code or prescribed by

the COMELEC

although he was

present during the

meeting of the said

body;

record a vote therein or

records erroneously the

votes as read, or records a

vote where no such vote has

been read by the chairman;

Any member of a board of

election inspectors who has

made possible the casting of

more votes than there are

registered voters; xvii

Deliberately absenting

himself from the meetings of

said body for the purpose of

obstructing or delaying the

performance of its duties or

functions, by any member of

the boards of electioninspectors and boards of

canvassers;

Tampering, increasing or

decreasing the votes

received by a candidate in

any election (election

sabotage);

Refusing, after proper

verication and hearing, to

credit the correct votes ordeduct such tampered votes

by any member of the board

of election inspectors or

board of canvassers;

Refusing to issue duly

accredited watchers the

certicate of votes provided

in Section 16 of Republica Act

No. 6466, by any member of

the board of election

inspectors or board of

canvassers.

print which bears an

image dierent from the

election return

produced after counting

and posting on the wall;

Failure to properly

distribute the copies of

ER;

Failure to count the

votes in public and

without interruption;

By a BOC Member

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Pre-Election Oenses Election Oenses Post-Election Oenses

Appointment of new

employees, creation of

new position, promotion,

or giving salary

increases;

Transfer of ocers andemployees in the civil

service;

Intervention of public

ocers and employees;

Use of Undue inuence;

Relieving any member of

any board of election

inspectors or board of canvassers, without

authority of the

COMELEC by any public

ocial or person acting

on his behalf;

Changing or causing the

change of the

assignments of any

member of any board

election inspectors or

board of canvassers,

without authority of the



on his behalf;

Appointment or use of

special policemen,

special agents,

condential agents of

the like;

Illegal release of

prisoners before and

after election;

Use of public funds,

money deposited in

trust, equipment,

facilities owned or

controlled by the


change of the

assignments of any

member of any board of


board of canvassers,without authority of the



on his behalf;

Relieving any member of

any board of election

inspectors or board of

canvassers, without

authority of the COMELEC

by any public ocial orperson acting on his

behalf;


change of the

assignments of any

member of any board of


board of canvassers,

without authority of the

COMELEC by any publicocial or person acting

on his behalf;

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government for an

election campaign;

Suspension of elective

provincial, city, municipal

or barangay ocer;

Appointing such

ineligible person to the

BEI or BOC knowing him

to be ineligible by any

public ocer or any

person acting on his

behalf;

Failing to post the voters’

list within the specied

time, duration and in the

designated location shall

constitute an election

oense on the part of the election ocer

concerned;

By Anyone

Pre-Election Oenses Election Oenses Post-Election

Oenses

Vote-buying and vote-selling;

Conspiracy to bribe voters;

Unlawful electioneering;

Dismissal of employees, laborers

or tenants;

Deliberately imprinting or causing

the imprinting of blurred orindistinct ngerprints on any of the

copies of the application for

registration or on the voters’

adavit;

Any person in charge of the

registration of voters who

deliberately or through negligence,

causes or allows the imprinting of

blurred or indistinct ngerprints on

Threats, intimidation,

terrorism, use of fraudulent

device or other forms of

coercion;

Coercion of election ocials

and employees;

Deadly weapons (in the polling place or a radius of

100 meters thereof);

Carrying rearms outside

residence of place of

business;

Use of armored land, water

or air craft; cxix

Wearing of uniforms and

bearing arms;

Conducting

oneself in

such a

disorderly

manner as

to interrupt

or disruptthe work or

proceedings

to the end

of

preventing

the board

of election

inspectors

or board of

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any of the aforementioned

registration forms;

Carrying rearms outside

residence or place of business;

Use of armored land, water or air

craft;

Wearing of uniforms and bearing

arms;

Policemen and provincial guards

acting as bodyguards or securit

guards;

Wagering upon result of election;

Organization or maintenance of

reaction forces, strike forces, or

other similar forces;

Release, disbursement or

expenditure of public funds;Construction of public works,

delivery of materials for public

works and issuance of treasury

warrants and similar devices;

Tampering with the ngerprints in

said registration records;

Tampering with or changing

without authority any data or entry

in any voters’ application for

registration;Delaying, hindering or obstructing

another from registering;

Falsely certifying or identifying

another as a bona de resident of

a particular place or locality for the

purpose of securing the latter’s

registration as a voter;

Placing, inserting or otherwise

including, as approved application

for registration in the book of

voters or in the provincial or

national central les of registered

voters, the application of any

ctitious voter or any application

that has not been approved;

Removing from, or otherwise

taking out of the book of voters or

the provincial or national central

les of registered voters any duly

Policemen and provincial

guards acting as bodyguards

or security guards;

Availing himself of any

means of scheme to discover

the contents of the ballot of

a voter who is preparing or

casting his vote or who has

just voted;

Arresting or detaining a voter

without lawful cause;

Molesting a voter in such a

manner as to obstruct or

prevent him from going to

the polling place to cast his

vote or from returning home

after casting his vote;

Compelling a voter to revealhow he voted;

Propagating false and

alarming reports or

information or transmits or

circulates false orders,

directives or messages

regarding any matter

relating to the printing of

ocial ballots, the

postponement of the election, the transfer of polling

place, or the general conduct

of the election, the transfer

of polling place of the

general conduct of the

election, for the purpose of

disrupting or obstructing the

election process or causing

confusion among the voters;

Destroying, substituting or

taking away from the

possession of those having

legal custody thereof, or

from the place where they

are legally deposited, any

election form or document

or ballot box which contains

ocial ballots or other

canvassers

during any

of its

meetings

from

performing

its

functions,

either partly

or totally;

Removing

or defacing

the ER

posted on

the wall;

Simulation

of anelection

return;

Simulation

of the

certication

in a print of

an election

return;

Refusing to

present forperusal its

copy of

election

return to

the board

of

canvassers,

by the

citizens’

arm;

Presenting

of

tampered

or spurious

ER by the

citizens’

arm;

Refusing or

failing to

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approved voters’ application,

except upon lawful order of the

COMELEC, or of a competent court

of after proper cancellation;

Transferring or causing the transfer

of the registration record of a voter

to the book of voters of another

polling place, unless said transfer

was ue to a change of address of

the voter and the voter was duly

notied of his new polling place;

Asking, demanding, taking,

accepting or possessing, directly or

indirectly, the voter’s adavit of

another, in order to induce the

latter to withhold his vote, or to

vote for or against any candidate inan election or any issue in a

plebiscite or referendum;

Delivering, handing over,

entrusting, giving directly or

indirectly his voter’s adavit to

another in consideration of money

or other benit or promises

thereof, or takes or accepts such

voter’s adavit directly or

indirectly, by giving or causing thegiving of money or other benet or

making or causing the making of a

promise thereof;

Altering in any manner, tearing,

defacing, removing or destroying

any certied list of voters;

Taking, carrying or possessing any

blank or unused registration form

already issued to a city or

municipality outside of said city or

municipality except as otherwise

provided in this Code or when

directed by express order of the

court or of the COMELEC;

Maliciously omitting, tampering or

transferring to another list the

name of a registered voter from

the ocial list of voters posted

outside the polling place;

documents used in the

election, without legal

authority;

Opening or destroying the

ballot box containing the

ocial ballots used in the

election or removes or

destroys its contents without

or against the order of the

COMELEC, by the person

having legal custody over

said box;

Enabling any person to open

or destroy the ballot box

containing the ocial ballots

used in the election or

remove or destroy its

contents without or againstthe order of the COMELEC,

or take away said ballot box

from his custody, by the

person having legal custody

of the ballot box containing

the ocial ballots used in

the election, through his

negligence;

Knowingly using ballots

other than the ocialballots, except in those cases

where the use of emergency

ballots is authorized, by any

member of the board of

election inspectors;

Revealing the contents of the

ballot of an illiterate or

disabled voter whom he

assisted in preparing a

ballot;

Transferring the location of a

polling place without

authority;

Distributing or causing any

ballot or ER that appears as

ocial ballots or ER to be

distributed for use in the

election, whether or not they

are actually used, without

provide the

dominant

majority

and

dominant

minority

parties or

the citizens’

arm their

copy of the

ER;

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Holding political conventions or

meetings to nominate its ocial

candidates earlier than the period

xed in the Omnibus Code;

Obstructing, destroying or

canceling any certicate of

candidacy duly led and which has

not been cancelled upon order of

the COMELEC;

Misleading the board of election

inspectors by submitting any false

or spurious certicate of candidacy

or document to the prejudice of a

candidate;

Receiving any certicate of

candidacy outside the period for

ling the same and making it

appear that said certicate of candidacy was led on

time by any person authorized to

receive certicates of candidacy;

Causing or compelling the

COMELEC of receiving any

certicate of candidacy outside the

period for ling the same and

making it appear that said

certicate of candidacy was led ontime by any person authorized to

receive certicates of candidacy, by

means of fraud, threat,

intimidation, terrorism or coercion;

Jamming, obstructing or interfering

with a radio or television broadcast

of any lawful political program by

any device or means;

Selling, furnishing, oering, buying,

serving or taking intoxicating liquor

on the days xed by law for the

registration of voters in the polling

place, or on the day before the

election or on election day;

Refusing to carry ocial election

mail matters free of charge during

the election period by any operator

or employee of a public utility or

authority;

Keeping, using or carrying

out or causing to be kept,

used or carried out, any

ocial ballot or ER or printed

proof thereof, typeform

mould, electrotype printing

plates and any other plate,

numbering machines and

other printing paraphernalia

being used in connection

with the printing of ocial

ballots or ER, without

authority;

Causing ballots or ER to be

printed in quantities

exceeding those authorized

by the COMELEC, by anyocial or employee of any

printing establishment or of

the COMELEC or any

member of the committee in

charge of the printing of

ocial ballots or ER;

Distributing, delivering, or in

any manner disposing of or

causing to be distributed,

delivered, or disposed of,any ocial ballot of ER to

any person or persons not

authorized by law or by the

COMELEC to receive or keep

ocial ballots or ER or who

sends or causes them to be

sent to any place not

designated by law or by the

COMELEC, by any ocial or

employee of any printing

establishment or of

COMELEC or any member of

the committee in charge of

the printing of ocial ballots

or ER;

Violating the integrity of any

ocial ballot or ER before or

after they are used in the

election;

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transportation company operating

under a certicate of public

convenience, including

government-owned or controlled

postal service or its employees or

deputized agents; (Refusal to

carry election mail matter)

Discriminating against any political

party, coalition or aggroupment of

parties or any candidate in the sale

of air time by any person who

operates a radio or television

station without justiable cause;

(Prohibition against

discrimination in the sale of air

time)

Violation of the provisions, or

pertinent portions, of the followingsections of the Omnibus Election

Code shall constitute election

oenses: Sections 9, 18, 74, 75, 76,

80, lxxxviii 81, 82, 83, 84, 85, lxxxix

86, 87, 88, 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, 186, 189,190, 191, 192, 194, 195, 196, 197,

198, 202, 203, 204, 205, 206, 207,

208, 209, 210, 211, 212, 213, 214,

215, 216, 217, 218, 219, 220, 223,

229, 230, 231, 233, 234, 235, 236,

239 and 240;

Causing the printing of ocial

ballots and ER by any printing

establishment which is not under

contract with the COMELEC and

any printing establishment which

undertakes such unauthorized

printing (election sabotage);

Violating Section 11 of Republic Act

No. 6466 regarding prohibited

forms of election propaganda;

Continuing to misrepresent

himself, or holding himself out, as a

candidate, such as by continuing to

Removing, tearing, defacing

or destroying any certied

list of candidates posted

inside the voting booths

during the hours of voting;

Removing, tearing, defacing

or destroying any certied

list of candidates posted

inside the voting booths

during the hours of voting;

Holding or causing the

holding of an election on any

other day than that xed by

law or by the COMELEC, or

stops any election being

legally held;Conducting oneself in such a

disorderly manner as to

interrupt or disrupt the work

or proceedings to the end of

preventing the board of

election inspectors or board

of canvassers during any of

its meetings from

performing its functions,

either partly or totally;Soliciting votes or

undertaking any

propaganda, on the day of

election, for or against any

candidate or any political

party within the polling place

or within a radius of 30

meters thereof;

Selling, furnishing, oering,

buying, serving or taking

intoxicating liquor on the

days xed by law for the

registration of voters in the

polling place, or on the day

before the election or on

election day;

Opening in any polling place

or within a radius of 30

meters thereof on election

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campaign thereafter by any person

declared a nuisance candidate as

dened under Section 69 of Batas

Pambansa Blg. 881, or is otherwise

disqualied, by nal and executory

judgment;

Knowingly inducing, or abetting, by

COMELEC or omission, such

misrepresentation or holding out

as a candidate of any person

declared a nuisance candidate as

dened under Section 69 of Batas

Pambansa Blg. 881 or otherwise

disqualied, by nal and executory

judgment;

Failing, without cause, to post or

give any of the notices or to make

any of the reports re-acquiredunder Republic Act No. 8189;

Issuing or causing the issuance of a

voter’s identication number or to

cancel or cause the cancellation

thereof in violation of the

provisions of Republic Act No.

8189;

Refusing the issuance of registered

voters their voter’s identication

card;Accepting an appointment, to

assume oce and to actually serve

as a member of the Election

Registration Board although

ineligible thereto;

Appointing such ineligible person

accept an appointment, to the

Election Registration Board;

Interfering with, impeding, abscond

for purpose of gain or to prevent

the installation or use of

computers and devices and the

processing, storage, generation,

and transmission of registration

data or information;

Gaining, causing access to use,

altering, destroying, or disclosing

any computer data, program,

system software, network, or any

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

or liquid, or for any other

purposes;

Holding on election day fairs,

cockghts, boxing, horse

races, jai-alai or any other

similar sports;

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computer-related devices, facilities,

hardware or equipment, whether

classied or declassied;

Failing to provide certied voters

and deactivated voters list to

candidates and heads of

representatives of political parties

upon written request as provided

in Section 30 of Republic Act No.

8189; cv

Failing to include the approved

application form for registration of

a qualied voter in the book of

voters of a particular precinct or

the omission of the name of a duly

registered voter in the certied list

of voters of the precinct where he

is duly, registered resulting in hisfailure to cast his vote during an

election, plebiscite, referendum,

initiative and/or recall;

Posting of a list of voters outside or

at the door of a precinct on the day

of an election, plebiscite,

referendum, initiative and/or recall,

and which list is dierent in

contents from the certied list of

voters being used by the Board of Election Inspectors; cvii

Violating of the provisions of

Republic Act No. 8189;

Coercing, bribing, threatening,

harassing, intimidating, terrorizing,

or actually causing, inicting or

producing violence, injury,

punishment, torture, damage, loss

or disadvantage to discourage any

other person or persons from ling

a certicate of candidacy in order

to eliminate all other potential

candidate from running in a special

election;

Utilizing without authorization,

tampering with, destroying or

stealing: ocial ballots, ER, and

certicates of canvass of votes

used in the automated election

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system;

Utilizing without authorization,

tampering with, destroying or

stealing: Electronic devices or their

components, peripherals or

supplies used in the AES such as

counting machine, memory

pack/diskette, memory pack

receiver and computer set;

Interfering with, impeding,

absconding for purpose of gain,

preventing the installation or use

of computer counting devices and

the processing, storage, generation

and transmission of election

results, data or information;

Gaining or causing access to using,

altering, destroying or disclosingany computer data, program,

system software, network, or any

computer-related devices, facilities,

hardware or equipment, whether

classied or declassied;

Violation of Republic Act No. 9006

and the rules and regulations of

the COMELEC issued to implement

Republic Act No. 9006

END NOTES (Annex 1)

i

Batas Pambansa Blg. 881 (1985), Section 261 (y) (2).

ii


iii


iv

Republic Act No. 8189, Section 45 (a).

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Batas Pambansa Blg. 881 (1985), Section 261 (p).

vi

Batas Pambansa Blg. 881 (1985), Section 261 (z) (2).

vii


viii


ix


x


xi


xii


xiii

Batas Pambansa Blg. 881 (1985), Section 261 (bb) (3); See also Section 3, Comelec Resolution 8786(4 March 2010).

xiv

Batas Pambansa Blg. 881 (1985), Section 261 (bb) (2).

xv


xvi


xvii


xviii

Batas Pambansa Blg. 881 (1985), Section 261 (bb) (1);See also Section 15, Comelec Resolution 8809 (30 March 2010)

xix

Republic Act No. 6646 Section 27 (b), as amended by Republic Act No. 9369 (2007), Section 42.

xx

Republic Act No. 6646 Section 27 (b), as amended by Republic Act No. 9369 (2007) Section 42.

xxi

Republic Act No. 6646 Section 27 (c).

xxii

Batas Pambansa Blg. 881 (1985), Section 212 (d).

xxiii

Batas Pambansa Blg. 881 (1985), Section 212 (e).

xxiv

Batas Pambansa Blg. 881 (1985), Section 212 (f).

xxv

Republic Act No. 7166 (1991), Section 27, as amended by Republic Act No. 9369 (2007), Section 33.

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Batas Pambansa Blg. 881 (1985), Section 206, as amended by Republic Act No. 9369 (2007), Section 35.

xxvii


xxviii

Batas Pambansa Blg. 881 (1985), Section 261 (aa) (1).

xxix


xxx


xxxi

Bat

as Pambansa Blg. 881 (1985), Section 261 (aa) (4).

xxxii


xxxiii


xxxiv

Republic Act No. 6646, Section 27 (b), as amended by Republic Act No. 9369 (2007), Section 42.

xxxv

Republic Act No. 6646, Section 27 (b), as amended by Republic Act No. 9369 (2007) Section 42.

xxxvi

Republic Act No. 7166, Section 25, as amended by Republic Act No. 9369 (2007), Section 31.

xxxvii

Batas Pambansa Blg. 881 (1985), Section 261 (g).

xxxviii

Batas Pambansa Blg. 881 (1985), Section 261 (h).

xxxix

Batas Pambansa Blg. 881 (1985), Section 261 (i).

xl

Batas Pambansa Blg. 881 (1985), Section 261 (j).

xli


xlii


xliii

Batas Pambansa Blg. 881 (1985), Section 261 (m).

xliv

Batas Pambansa Blg. 881 (1985), Section 261 (n).

xlv

Batas Pambansa Blg. 881 (1985), Section 261 (o).

xlvi

Batas Pambansa Blg. 881 (1985), Section 261 (x).


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xlvii

Batas Pambansa Blg. 881 (1985), Section 261 (bb) (3),

xlviii

Republic Act No. 8436, Section 35 (g), as amended by Republic Act No. 9369 (2007), Section 28.

xlix


l


li


lii

Republic Act No. 6646, Section 27 (e).

liii

Batas Pambansa Blg. 881 (1985), Section 261 (a).

liv

Batas Pambansa Blg. 881 (1985), Section 261 (b).

lv

Batas Pambansa Blg. 881 (1985), Section 261 (k).

lvi

Batas Pambansa Blg. 881 (1985), Section 261 (l).

lvii


lviii


lix

Batas Pambansa Blg. 881 (1985), Section 261 (q); see also Republic Act No. 7166 (1991), Section 32 for the

exceptions to this prohibition.

lx

Batas Pambansa Blg. 881 (1985), Section 261 (r).

lxi

Batas Pambansa Blg. 881 (1985), Section 261 (s).

lxii

Batas Pambansa Blg. 881 (1985), Section 261 (t); see also Republic Act No. 7166 (1991), Section 33 for the

exceptions to this prohibition .

lxiii

Batas Pambansa Blg. 881 (1985), Section 261 (c).

lxiv

Batas Pambansa Blg. 881 (1985), Section 261 (u).

lxv

Batas Pambansa Blg. 881 (1985), Section 261 (v).

lxvi

Batas Pambansa Blg. 881 (1985), Section 261 (w).


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lxvii


lxviii


lxix


lxx


lxxi


lxxii


lxxiii


lxxiv


lxxv


lxxvi


lxxvii


lxxviii


lxxix

Batas Pambansa Blg. 881 (1985), Section 261 (cc) (1).

lxxx


lxxxi


lxxxii


lxxxiii


lxxxiv


lxxxv

Batas Pambansa Blg. 881 (1985), Section 261 (dd) (1).

lxxxvi


lxxxvii



18/20



lxxxviii

See Penera v. COMELEC, G.R. No. 181613, 25 November, 2009; See also Republic Act No. 8436, Section 15, as

amended by Republic Act No. 9369 (2007),

Section 13.

lxxxix

Repealed by Republic Act No. 9006, Section 14; See Republic Act No. 6646, Section 11 for additional prohibited

forms of election propaganda.

xc

Amended by Republic Act No. 9369 (2007), Section 35.

xci

Amended by Republic Act No. 9369 (2007), Section 32.

xcii

Batas Pambansa Blg. 881 (1985), Section 262.

xciii


xciv


xcv

Republic Act No. 6646, Section 27 (d).

xcvi

Republic Act No. 6646, Section 27 (f).

xcvii


xcviii

Republic Act No. 8189, Section 45 (b).

xcix

Republic Act No. 8189, Section 45 (c).

c

Republic Act No. 8189, Section 45 (c).

ci


cii


ciii

Republic Act No. 8189, Section 45 (e).

civ


cv

Republic Act No. 8189, Section 45 (g).

cvi

Republic Act No. 8189, Section 45 (h).

cvii


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Republic Act No. 8189, Section 45 (i).

cviii

Republic Act No. 8189, Section 45 (j).

cix

Republic Act No. 8295, Section 5.

cx

Republic Act No. 8436, Section 35 (a)(1), as amended by Republic Act No. 9369 (2007), Section 28.

cxi

Republic Act No. 8436, Section 35 (a) (2), as amended by Republic Act No. 9369 (2007), Section 28.

cxii

Republic Act No. 8436, Section 35 (b), as amended by Republic Act No. 9369 (2007), Section 28.

cxiii

Republic Act No. 8436, Section 35 (c), as amended by Republic Act No. 9369 (2007), Section 28.

cxiv

Republic Act No. 9006, Section 13.

cxv

Batas Pambansa Blg. 881 (1985), Section 261 (d).

cxvi

Batas Pambansa Blg. 881 (1985), Section 261 (f).

cxvii

Batas Pambansa Blg. 881 (1985), Section 261 (p).

cxviii

Batas Pambansa Blg. 881 (1985), Section 261 (q); see also Republic Act No. 7166(1991), Section 32 for the


cxix

Batas Pambansa Blg. 881 (1985), Section 261 (r).

cxx

Batas Pambansa Blg. 881 (1985), Section 261 (s).

cxxi

Batas Pambansa Blg. 881 (1985), Section 261 (t); see also Republic Act No. 7166 (1991), Section 33 for the


cxxii


cxxiii


cxxiv


cxxv


cxxvi


cxxvii


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cxxviii


cxxix


cxxx


cxxxi


cxxxii


cxxxiii


cxxxiv


cxxxv


cxxxvi


cxxxvii


cxxxviii

Batas Pambansa Blg. 881 (1985), Section 261 (z) (21); see also Comelec Resolution 8786 (4 March 2010), Section 30

(e).

cxxxix


cxl

Batas Pamba

nsa Blg. 881 (1985), Section 261 (z) (23).

cxli

Batas Pambansa Blg. 881 (1985). Section 261 (bb) (4).

cxlii


cxliii


cxliv


cxlv


Documents

Annex1 Election Offenses