Batas Pambansa Blg 881

  • View
    218

  • Download
    0

Embed Size (px)

Text of Batas Pambansa Blg 881

  • 7/29/2019 Batas Pambansa Blg 881

    1/54

    BATAS PAMBANSA BLG. 881

    OMNIBUS ELECTION CODE OF THE PHILIPPINES

    ARTICLE I

    GENERAL PROVISIONS

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

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

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

    The period of campaign shall be as follows$

    %. Presidential and &ice-Presidential Election - '( da#s)

    *. Election of +embers of the ,atasang Pambansa and ocal Election - / da#s) and

    0. ,aranga# Election - %/ da#s.

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

    1owever in case of special elections under Article &222 3ection / 3ubsection 4*5 of the Constitution the campaign periodshall be fort#-five da#s.

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

    Section !Postponement of election. -8hen for an# serious cause such as violence terrorism loss or destruction ofelection paraphernalia or records force ma9eure and other analogous causes of such a nature that the holding of a free

    orderl# and honest election should become impossible in an# political subdivision the Commission motu proprio or upona verified petition b# an# interested part# and after due notice and hearing whereb# all interested parties are affordede7ual opportunit# to be heard shall postpone the election therein to a date which should be reasonabl# close to the dateof the election not held suspended or which resulted in a failure to elect but not later than thirt# da#s after the cessation ofthe cause for such postponement or suspension of the election or failure to elect.

    Section "Failure of election. -2f on account of force ma9eure violence terrorism fraud or other analogous causes theelection in an# polling place has not been held on the date fi!ed or had been suspended before the hour fi!ed b# law forthe closing of the voting or after the voting and during the preparation and the transmission of the election returns or inthe custod# or canvass thereof such election results in a failure to elect and in an# of such cases the failure orsuspension of election would affect the result of the election the Commission shall on the basis of a verified petition b#

    an# interested part# and after due notice and hearing call for the holding or continuation of the election not heldsuspended or which resulted in a failure to elect on a date reasonabl# close to the date of the election not heldsuspended or which resulted in a failure to elect but not later than thirt# da#s after the cessation of the cause of suchpostponement or suspension of the election or failure to elect.

    Section #Call of special election. -

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

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

    The Commission shall send sufficient copies of its resolution for the holding of the election to its provincial electionsupervisors and election registrars for dissemination who shall post copies thereof in at least three conspicuousplaces preferabl# where public meetings are held in each cit# or municipalit# affected.

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

    Section $Official mail and telegram relative to elections. -Papers connected with the election and re7uired b# this Codeto be sent b# public officers in the performance of their election duties shall be free of postage and sent b# registered

  • 7/29/2019 Batas Pambansa Blg 881

    2/54

    special deliver# mail. Telegrams of the same nature shall likewise be transmitted free of charge b# governmenttelecommunications and similar facilities.

    2t shall be the dut# of the Postmaster :eneral the ;irector of the ,ureau of Telecommunications and the managers ofprivate telecommunication companies to transmit immediatel# and in preference to all other communications or telegramsmessages reporting election results and such other messages or communications which the Commission ma# re7uire orma# be necessar# to ensure free honest and orderl# elections.

    Section 1%Election expenses. -E!cept in baranga# elections such e!penses as ma# be necessar# and reasonable in

    connection with the elections referenda plebiscites and other similar e!ercises shall be paid b# the Commission. TheCommission ma# direct that in the provinces cities or municipalities the election e!penses chargeable to theCommission be advanced b# the province cit# or municipalit# concerned sub9ect to reimbursement b# the Commissionupon presentation of the proper bill.

    ?.

    Section 1!Canvass of votes for President and "ice-President by t$e provincial or city board of canvassers. -Theprovincial cit# or district boards of canvassers in +etropolitan +anila as the case ma# be shall meet not later than si!o@clock in the evening on election da# to canvass the election returns that ma# have alread# been received b# themrespectivel#. 2t shall meet continuousl# from da# to da# until the canvass is completed but ma# ad9ourn onl# for thepurpose of awaiting the other election returns. Each time the board ad9ourns it shall make a total of all the votes cast foreach candidate for President and for &ice-President dul# authenticated b# the signatures and thumbmarks of all themembers of the provincial cit# or district board of canvassers furnishing the Commission in +anila b# the fastest meansof communication a cop# thereof and making available the data contained therein to mass media and other interestedparties. pon the completion of the canvass the board shall prepare a certificate of canvass showing the votes receivedb# each candidate for the office of the President and for &ice-President dul# authenticated b# the signatures andthumbmarks of all the members of the provincial cit# or district board of canvassers. pon the completion of thecertificate of canvass the board shall certif# and transmit the said certificate of canvass to the 3peaker of the ,atasangPambansa.

    The provincial cit# and district boards of canvassers shall prepare the certificate of canvass for the election of Presidentand &ice-President supported b# a statement of votes b# polling place in 7uintuplicate b# the use of carbon papers orsuch other means as the Commission shall prescribe to the end that all five copies shall be legibl# produced in onehandwriting. The five copies of the certificate of canvass must bear the signatures and thumbmarks of all the members ofthe board. pon the completion of these certificates and statements the# shall be enclosed in envelopes furnished b# theCommission and sealed and immediatel# distributed as follows$ the original cop# shall be enclosed and sealed in the

  • 7/29/2019 Batas Pambansa Blg 881

    3/54

    envelope directed to the 3peaker and delivered to him at the ,atasang Pambansa b# the fastest possible means) thesecond cop# shall likewise be enclosed and sealed in the envelope directed to the Commission) the third cop# shall beretained b# the provincial election supervisor in the case of the provincial board of canvassers and b# the cit# electionregistrar in the case of the cit# board of canvassers) and one cop# each to the authori6ed representatives of the rulingpart# and the dominant opposition political part#.

  • 7/29/2019 Batas Pambansa Blg 881

    4/54

    Section 23.Composition of t$e %atasang Pambansa. -The ,atasang Pambansa shall be composed of not more than twohundred +embers elected from the different provinces of the Philippines with their component cities highl# urbani6edcities and districts of +etropolitan +anila those elected or selected from various sectors as provided herein and thosechosen b# the President from the members of the Cabinet.

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

    =ational Capital egion$

    +anila B)Due6on Cit# )Caloocan *)Pasa# %)Pasig and +arikina *)as Pias and Paraa7ue %)+akati %)+alabon =avotas and &alen6uela *)3an uan and +andalu#ong %)Taguig Pateros and +untinglupa %.

    egion 2$

    Abra %),enguet %)2locos =orte with aoag Cit# *)2locos 3ur *)a nion *)+ountain Province %)Pangasinan with the cities of ;agupanand 3an Carlos B),aguio Cit# %.

    egion 22$

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

    egion 222$

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

    egion 2&$

    Aurora %),atangas with the cities of ,atangasand ipa )Cavite with the cities of Cavite Taga#ta#

    and Trece +artires 0)aguna with 3a