BP BLG 881 Omnibus Election Code

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BATAS PAMBANSA BLG. 881

OMNIBUS ELECTION CODE OF THE PHILIPPINES

ARTICLE IGENERAL 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!tentappropriate all referenda and plebiscites.

Section 3. Election and campaign periods. - nless otherwise fi!ed in special cases b# the

Commission on Elections which hereinafter shall be referred to as the Commission the election

period shall commence ninet# da#s before the da# of the election and shall end thirt# da#sthereafter.

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 period shall be fort#-five da#s.

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

vote to register and cast his vote.

Section ! Postponement of election. - 8hen for an# serious cause such as violence terrorism

loss or destruction of election paraphernalia or records force ma9eure and other analogous

causes of such a nature that the holding of a free orderl# and honest election should becomeimpossible in an# political subdivision the Commission motu proprio or upon a verified petition

b# an# interested part# and after due notice and hearing whereb# all interested parties are

afforded e7ual opportunit# to be heard shall postpone the election therein to a date which should

be reasonabl# close to the date of the election not held suspended or which resulted in a failureto elect but not later than thirt# da#s after the cessation of the 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 the election in an# polling place has not been held on the date fi!ed or

had been suspended before the hour fi!ed b# law for the closing of the voting or after the votingand during the preparation and the transmission of the election returns or in the custod# or

canvass thereof such election results in a failure to elect and in an# of such cases the failure or

suspension of election would affect the result of the election the Commission shall on the basisof a verified petition b# an# interested part# and after due notice and hearing call for the holding

or continuation of the election not held suspended or which resulted in a failure to elect on a

date reasonabl# close to the date of the election not held suspended or which resulted in a failureto elect but not later than thirt# da#s after the cessation of the cause of such postponement or

suspension of the election or failure to elect.

Section # Call of special election. -

4%5 2n case a vacanc# arises in the ,atasang Pambansa eighteen months or more before a

regular election the Commission shall call a special election to be held within si!t# da#s

after the vacanc# occurs to elect the +ember to serve the une!pired term.

4*5 2n case of the dissolution of the ,atasang Pambansa the President shall call an

election which shall not be held 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 election supervisors and election registrars for dissemination

who shall post copies thereof in at least three conspicuous places preferabl# where publicmeetings are held in each cit# or municipalit# affected.

Section 8 Election Code to be available in polling places. - A printed cop# of this Code inEnglish or in the national language shall be provided and be made available b# the Commission

in ever# polling place in order that it ma# be readil# consulted b# an# person in need thereof onthe registration revision and election da#s.

Section $ Official mail and telegram relative to elections. - Papers connected with the election

and re7uired b# this Code to be sent b# public officers in the performance of their election duties

shall be free of postage and sent b# registered special deliver# mail. Telegrams of the samenature shall likewise be transmitted free of charge b# government telecommunications and

similar facilities.

2t shall be the dut# of the Postmaster :eneral the ;irector of the ,ureau ofTelecommunications and the managers of private telecommunication companies to transmitimmediatel# and in preference to all other communications or telegrams messages reporting

election results and such other messages or communications which the Commission ma# re7uire

or ma# 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. The Commission ma# direct that in the provinces cities or

municipalities the election e!penses chargeable to the Commission be advanced b# the province

cit# or municipalit# concerned sub9ect to reimbursement b# the Commission upon presentationof the proper bill.

<unds needed b# the Commission to defra# the e!penses for the holding of regular and specialelections referenda and plebiscites shall be provided in the regular appropriations of the

Commission which upon re7uest shall immediatel# be released to the Commission. 2n case ofdeficienc# the amount so provided shall be augmented from the special activities funds in the

general appropriations act and from those specificall# appropriated for the purpose in special

laws.

Section 11 Failure to assume office. - The office of an# official elected who fails or refuses to

take his oath of office within si! months from his proclamation shall be considered vacant

unless said failure is for a cause or causes be#ond his control.

Section 12 Disualifications. - An# person who has been declared b# competent authorit# insaneor incompetent or has been sentenced b# final 9udgment for subversion insurrection rebellion

or for an# offense for which he has been sentenced to a penalt# of more than eighteen months or

for a crime involving moral turpitude shall be dis7ualified to be a candidate and to hold an#

office unless he has been given plenar# pardon or granted amnest#.

This dis7ualifications to be a candidate herein provided shall be deemed removed upon the

declaration b# competent authorit# that said insanit# or incompetence had been removed or after

the e!piration of a period of five #ears from his service of sentence unless within the same period he again becomes dis7ualified.

ARTICLE II

ELECTION OF PRESIDENT AND VICE&PRESIDENT

Section 13. !egular election for President and "ice-President. - The regular election for

President and &ice-President of the Philippines shall be held on the first +onda# of +a# =ineteen hundred eight# seven 4%'>?5 and on the same da# ever# si! #ears thereafter. The

President-elect and the &ice-President-elect shall assume office at twelve o@clock noon on the

thirtieth da# of une ne!t following the election and shall end at noon of the same date si! #earsthereafter when the term of his successor shall begin.

Section 1 #pecial election for President and "ice-President. - 2n case a vacanc# occurs for the

Office of the President and &ice-President the ,atasang Pambansa shall at ten o@clock in themorning of the third da# after the vacanc# occurs convene in accordance with its rules withoutneed of a call and within seven da#s enact a law calling for a special election to elect a President

and a &ice-President to be held not earlier than fort#-five da#s nor later than si!t# da#s from the

time of such call. The bill calling such special election shall be deemed certified under paragraph4*5 3ection %' Article &222 of the Constitution and shall become law upon its approval on third

reading b# the ,atasang Pambansa. Appropriations for the special election shall be charged

against an# current appropriations and shall be e!empt from the re7uirements of paragraph 45



3ection %B of Article &222 of the Constitution. The convening of the ,atasang Pambansa cannot

be suspended nor the special election postponed. =o special election shall be called if the

vacanc# occurs within sevent# da#s before the date of the presidential election of %'>?.

Section 1! Canvass of votes for President and "ice-President by t$e provincial or city board of

canvassers. - The provincial cit# or district boards of canvassers in +etropolitan +anila as thecase 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# them respectivel#. 2t shall meetcontinuousl# from da# to da# until the canvass is completed but ma# ad9ourn onl# for the

purpose of awaiting the other election returns. Each time the board ad9ourns it shall make a total

of all the votes cast for each candidate for President and for &ice-President dul# authenticated b# the signatures and thumbmarks of all the members of the provincial cit# or district board of

canvassers furnishing the Commission in +anila b# the fastest means of communication a cop#

thereof and making available the data contained therein to mass media and other interested parties. pon the completion of the canvass the board shall prepare a certificate of canvass

showing the votes received b# each candidate for the office of the President and for &ice-

President dul# authenticated b# the signatures and thumbmarks of all the members of the provincial cit# or district board of canvassers. pon the completion of the certificate of canvass

the board shall certif# and transmit the said certificate of canvass to the 3peaker of the ,atasang

Pambansa.

The provincial cit# and district boards of canvassers shall prepare the certificate of canvass forthe election of President and &ice-President supported b# a statement of votes b# polling place

in 7uintuplicate b# the use of carbon papers or such other means as the Commission shall

prescribe to the end that all five copies shall be legibl# produced in one handwriting. The five

copies of the certificate of canvass must bear the signatures and thumbmarks of all the membersof the board. pon the completion of these certificates and statements the# shall be enclosed in

envelopes furnished b# the Commission and sealed and immediatel# distributed as follows$ theoriginal cop# shall be enclosed and sealed in the envelope directed to the 3peaker and deliveredto him at the ,atasang Pambansa b# the fastest possible means) the second cop# shall likewise be

enclosed and sealed in the envelope directed to the Commission) the third cop# shall be retained

b# the provincial election supervisor in the case of the provincial board of canvassers and b# thecit# election registrar in the case of the cit# board of canvassers) and one cop# each to the

authori6ed representatives of the ruling part# and the dominant opposition political part#. <ailure

to compl# with the re7uirements of this section shall constitute an election offense.

Section 1" Counting of votes for President and "ice-President by t$e %atasang Pambansa. - Thecertificates of canvass dul# certified b# the board of canvassers of each province cit# or district

in +etropolitan +anila shall be transmitted to the 3peaker of the ,atasang Pambansa who shall

not later than thirt# da#s after the da# of the election convene the ,atasang Pambansa in sessionand in its presence open all the certificates of canvass and the votes shall then be counted.

Section 1# Correction of errors in certificate and supporting statement already transmitted to

t$e #pea&er. - =o correction of errors allegedl# committed in the certificate of canvass and

supporting statement alread# transmitted to the 3peaker of the ,atasang Pambansa shall beallowed sub9ect to the provisions of the succeeding section.



Section 18 Preservation of ballot boxes' t$eir &eys' and disposition of t$eir contents. - ntil after

the completion b# the ,atasang Pambansa of the canvassing of the votes and until an

uncontested proclamation of the President-elect and &ice-President-elect shall have beenobtained the provincial cit# or district board of canvassers under the 9oint responsibilit# with the

provincial cit# or municipal treasurers shall provide for the safekeeping and storage of the ballot

bo!es in a safe and closed chamber secured b# four padlocks$ one to be provided b# thecorresponding board chairman) one b# the provincial or cit# treasurer concerned) and one each

b# the ruling part# and the accredited dominant opposition political part#.

Section 1$ ($en certificate of canvass is incomplete or bears erasures or alterations. - 8hen

the certificate of canvass dul# certified b# the board of canvassers of each province cit# ordistrict in +etropolitan +anila and transmitted to the 3peaker of the ,atasang Pambansa as

provided in the Constitution appears to be incomplete the 3peaker shall re7uire the board of

canvassers concerned to transmit to his office b# personal deliver# the election returns from polling places that were not included in the certificate of canvass and supporting statements. 3aid

election returns shall be submitted b# personal deliver# to the 3peaker within two da#s from

receipt of notice. 8hen it appears that an# certificate of canvass or supporting statement of votes b# polling place bears erasures or alterations which ma# cast doubt as to the veracit# of the

number of votes stated therein and ma# affect the result of the election the ,atasang Pambansa

upon re7uest of the Presidential or &ice-Presidential candidate concerned or his part# shall for

the sole purpose of verif#ing the actual number of votes cast for President or &ice-Presidentcount the votes as the# appear in the copies of the election returns for the Commission. <or this

purpose the 3peaker shall re7uire the Commission to deliver its copies of the election returns to

the ,atasang Pambansa.

Section 2% Proclamation of t$e President-elect and "ice-President-elect. - pon the completionof the canvass of the votes b# the ,atasang Pambansa the persons obtaining the highest number

of votes for President and for &ice-President shall be declared elected) but in case two or moreshall have an e7ual and the highest number of votes one of them shall be chosen President or&ice-President as the case ma# be b# a ma9orit# vote of all the +embers of the ,atasang

Pambansa in session assembled.

2n case there are certificates of canvass which have not been submitted to the 3peaker of the

,atasang Pambansa on account of missing election returns a proclamation ma# be made if themissing certificates will not affect the results of the election.

2n 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 3peaker shall

immediatel# instruct the boards of canvassers concerned to obtain the missing election returnsfrom the boards of election inspectors or if the returns have been lost or destro#ed upon prior

authorit# from the Commission to use an# authentic cop# of said election returns for the purpose

of conducting the canvass and thereafter issue the certificates of canvass. The certificates ofcanvass shall be immediatel# transmitted to the 3peaker of the ,atasang Pambansa.

Proclamation shall be made onl# upon submission of all certificates of canvass or when the

missing certificates of canvass will not affect the results of the election.



ARTICLE III

ELECTION OF MEMBERS OF THE BATASANG PAMBANSA

Section 21. !egular election of )embers of t$e %atasang Pambansa. - The regular election ofthe +embers of the ,atasang Pambansa shall be held on the second +onda# of +a# =ineteen

hundred and ninet# 4%''(5 and on the same da# ever# si! #ears thereafter.

Section 22 #pecial election for )embers of t$e %atasang Pambansa. - 2n case a vacanc# arises

in the ,atasang Pambansa eighteen months or more before a regular election the Commissionshall call a special election to be held within si!t# da#s after the vacanc# occurs to elect the

+ember to serve the une!pired term.

The ,atasang Pambansa through a dul# approved resolution or an official communication of the

3peaker when it is not in session shall certif# to the Commission the e!istence of said vacanc#.

Section 23. Composition of t$e %atasang Pambansa. - The ,atasang Pambansa shall be

composed of not more than two hundred +embers elected from the different provinces of thePhilippines with their component cities highl# urbani6ed cities and districts of +etropolitan

+anila those elected or selected from various sectors as provided herein and those chosen b#the President from 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 ;agupan and 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 of Cabanatuan Pala#an and 3an ose )

Pampanga with Angeles Cit# )Tarlac *)

Gambales %)

Olongapo Cit# %.

egion 2&$

Aurora %)

,atangas with the cities of ,atangas and ipa )

Cavite with the cities of Cavite Taga#ta# and Trece +artires 0)aguna with 3an Pablo Cit# )+arindu7ue %)

Occidental +indoro %)

Oriental +indoro *)Palawan with Puerto Princesa Cit# %)

Due6on with ucena Cit# )

i6al *)omblon %.

egion &$

Alba# with egaspi Cit# 0)

Camarines =orte %)

Camarines 3ur with the cities of 2riga and =aga )Catanduanes %)

+asbate *)

3orsogon *.



egion &2$

Aklan %)

Anti7ue %)Capi6 with o!as Cit#)

2loilo with 2loilo Cit# /) =egros Occidental with the cities of ,acolod ,ago Cadi6 a Carlota 3an

Carlos and 3ila# ?.

egion &22$

,ohol with Tagbilaran Cit# 0)

Cebu with the cities of ;anao apu-apu +andaue and Toledo B)

=egros Oriental with the cities of ,ais Canlaon and ;umaguete 0)3i7ui9or %)

Cebu Cit# *.

egion &222$

e#te with the cities of Ormoc and Tacloban /)3outhern e#te %)

Eastern 3amar %)

=orthern 3amar %)

3amar with Calba#og Cit# *.

egion 2H$

,asilan %)3ulu %)

Tawi-Tawi %)Gamboanga del =orte with the cities of ;apitan and ;ipolog *)

Gamboanga del 3ur with Pagadian Cit# 0)

Gamboanga Cit# %.

egion H$

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

,ukidnon *)Camiguin %)+isamis Occidental with the cities of Oro7uieta O6amis and Tangub %)

+isamis Oriental with :ingoog Cit# *)

3urigao del =orte with 3urigao Cit# %)Caga#an de Oro Cit# %.

egion H2$



3urigao del 3ur %)

;avao del =orte 0)

;avao Oriental %);avao del 3ur *)

3outh Cotabato with :eneral 3antos Cit# 0)

;avao Cit# *.

egion H22$

anao del =orte %)

anao del 3ur with +arawi Cit# *)

+aguindanao with Cotabato Cit# *) =orth Cotabato *)

3ultan Fudarat %)

2ligan Cit# %.

An# province that ma# hereafter be created or an# component cit# that ma# hereafter be declared b# or pursuant to law as a highl# urbani6ed cit# shall be entitled in the immediatel# following

election to at least one +ember or such number of +embers as it ma# 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 +embers apportioned to the province out of which thenew province was created or where the new highl# urbani6ed cit# is geographicall# located shall

be correspondingl# ad9usted b# the Commission but such ad9ustment shall not be made within

one hundred twent# da#s before the election.

Section 2!. "oting by province and its component cities' by $ig$ly urbani*ed city or by districtin )etropolitan )anila. - All candidates shall be voted at large b# the registered voters of their

respective constituencies. The candidates corresponding to the number of +ember or +embersto be elected in a constituenc# who receive the highest number of votes shall be declared elected.

Section 2". #ectoral representatives. - There shall be three sectors to be represented in the

,atasang Pambansa namel#$ 4%5 #outh) 4*5 agricultural labor) 405 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 u6on one from &isa#as and one from+indanao$ Provided That the #outh sector shall be entitled to two additional sectoral

representatives who shall be elected from an# part of the countr#.

Section 2#. #cope of t$e sectors. - The agricultural labor sector covers all persons who

personall# and ph#sicall# till the land as their principal occupation. 2t includes agriculturaltenants and lessees rural workers and farm emplo#ees owner-cultivators settlers and small

fishermen.

The industrial labor sector includes all non-agricultural workers and emplo#ees.

The #outh sector embraces persons not more than twent#-five #ears of age.



Section 28. #election of sectoral representatives. - =ot later than twent# da#s after the election

of provincial cit# or district representatives the most representative and generall# recogni6ed

organi6ations or aggroupments of members of the agricultural labor industrial labor and #outhsectors as attested to b# the +inisters of Agrarian eform and of Agriculture and <ood the

+inisters of abor and Emplo#ment and the +inisters of ocal :overnment and of Education

Culture and 3ports respectivel# shall in accordance with the procedures of said organi6ationsor 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 b# the aforementioned organi6ations or aggroupments the representatives of eachsector.

2n recogni6ing the most representative and generall# recogni6ed organi6ations or aggroupments

the +inisters of Agrarian eform and of Agriculture and <ood the +inister of abor and

Emplo#ment and the +inisters of ocal :overnment and Education Culture and 3ports shallconsider$

4a5 The e!tent of membership and activit# of the organi6ation or aggroupment whichshould be national)

4b5 The responsiveness of the organi6ation or aggroupment to the legitimate aspirations

of its sector)

4c5 The militanc# and consistenc# of the organi6ation or aggroupment in espousing the

cause and promoting the welfare of the sector consistent with that of the whole countr#)

4d5 The observance b# such organi6ation or aggroupment of the rule of law) and

4e5 Other analogous factors.

The President of the Philippines shall in writing notif# the 3ecretar#-:eneral of the ,atasangPambansa of the appointment made b# him of an# sectoral representative.

E!cept as herein otherwise provided sectoral representatives shall have the same functions

responsibilities rights privileges 7ualifications and dis7ualifications as the representatives from

the provinces and their component cities highl# urbani6ed cities or districts of +etropolitan+anila.

ARTICLE IV

ELECTION OF LOCAL OFFICIALS

Section 2$. !egular elections of local officials. - The election of provincial cit# and municipalofficials whose positions are provided for b# the ocal :overnment Code shall be held

throughout the Philippines in the manner herein prescribed on the first +onda# of +a# =ineteen

hundred and eight#-si! and on the same da# ever# si! #ears thereafter.



The officials elected shall assume office on the thirtieth da# of une ne!t following the election

and shall hold office for si! #ears and until their successors shall have been elected and 7ualified.

All local incumbent officials whose tenure of office shall e!pire on +arch *0 %'>B shall holdoffice until une 0( %'>B or until their successors shall have been elected and 7ualified$

Provided That the# cannot be suspended or removed without 9ust cause.

Section 3%. Component and $ig$ly urbani*ed cities. - nless 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 highl# urbani6ed cities shall not vote in the election for provincial officials of

the province in which it is located$ Provided however That no component cit# shall be declared

or be entitled to a highl# urbani6ed cit# status within ninet# da#s prior to an# 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 insouthern Philippines shall each have a Sangguniang Pampook to be composed of twenty-sevenmembers and shall include seventeen representatives elected from the different provinces and cities ofeach 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!ualifications and dis!ualifications are the same as "embers of the #atasang Pambansa$

%he President shall appoint an additional seven representatives in each region whenever in his &udgmentany 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. - %he "embers of theSangguniang Pampook of Region IX and of Region XII shall be apportioned as follows'

Region IX'

#asilan, one ()Sulu, three (*)%awi-%awi, one ()+amboanga del orte including the cities of ipolog and apitan, four, (.)and +amboanga del Sur, including the /ity of Pagadian, si0 (1)and +amboanga /ity, two (2)

Region XII'

3anao del orte, two (2) Iligan /ity, one ()3anao del Sur including the /ity of "arawi, four (.)"aguindanao including the /ity of /otabato, four (.)orth /otabato, four (.)and Sultan 4udarat, two (2$



Section 33. Election of members of Sangguniang Pampook. - %he candidates for the position ofseventeen representatives to the Sangguniang Pampook of Region IX and of Region XII shall be voted atlarge by the registered voters of each province including the cities concerned$

%he candidates corresponding to the number of member or members to be elected in a constituency whoreceive the highest number of votes shall be declared elected$

Section 34. Selection of sectoral representatives. - %he President shall, within thirty days from theconvening of each Sangguniang Pampook, appoint the sectoral representatives on recommendation ofthe Sangguniang Pampook and after due consultation with the representative and generally recogni5edorgani5ations or aggrupations of members of the youth, agricultural workers and non-agricultural workersas attested by the "inisters of 3ocal 6overnment and of 7ducation, /ulture and Sports (youth, "inistersof 8grarian Reform and of 8griculture and 9ood (agricultural workers, and "inisters of 3abor and7mployment (non-agricultural or industrial labor$

%he President of the Philippines shall in writing notify the Speaker of the Sangguniang Pampook of eachregion of the appointment made by him of any sectoral representative$

%he sectoral representatives shall have the same functions, responsibilities, rights, privileges,

!ualifications and dis!ualifications as the elective provincial representatives to the SangguniangPampook' Provided, however, %hat no defeated candidate for member of the Sangguniang Pampook inthe 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 theSangguniang Pampook, the vacancy shall be filled by the President, upon recommendation of theSangguniang Pampook' Provided, %hat the appointee shall come from the same province or sector of themember being replaced$

Section 3. Term of office. - %he present members of the Sangguniang Pampook of each of Region IXand Region XII shall continue in office until :une *;, <=1 or until their successors shall have beenelected and !ualified or appointed and !ualified in the case of sectoral members$ %hey may not beremoved or replaced e0cept in accordance with the internal rules of said assembly or provisions of

pertinent laws$

%he election of members of the Sangguniang Pampook of the two regions shall be held simultaneouslywith the local elections of <=1$ %hose elected in said elections shall have a term of four years starting:une *;, <=1$

%hose elected in the election of <<; to be held simultaneously with the elections of "embers of the#atasang Pambansa shall have a term of si0 years$

ARTICLE VI

ELECTION OF BARANGAY OFFICIALS

Section 3!. Regular election of barangay officials. - %he election for barangay officials shall be heldthroughout the Philippines in the manner prescribed on the second "onday of "ay ineteen hundred andeighty-eight and on the same day every si0 years thereafter$

%he officials elected shall assume office on the thirtieth day of :une ne0t following the election and shallhold office for si0 years and until their successors shall have been elected and !ualified$

Section 3". Conuct of elections. - %he barangay election shall be non-partisan and shall be conductedin an e0peditious and ine0pensive manner$



o person who files a certificate of candidacy shall represent or allow himself to be represented as acandidate of any political party or any other organi5ation) and no political party, political group, politicalcommittee, civic, religious, professional, or other organi5ation or organi5ed group of whatever nature shallintervene in his nomination or in the filing of his certificate of candidacy or give aid or support, directly orindirectly, material or otherwise favorable to or against his campaign for election' Provided, %hat thisprovision shall not apply to the members of the family of a candidate within the fourth civil degree ofconsanguinity or affinity nor to the personal campaign staff of the candidate which shall not be more thanone for every one hundred registered voters in his barangay' Provided, however, %hat without pre&udice toany liability that may be incurred, no permit to hold a public meeting shall be denied on the ground thatthe provisions of this paragraph may or will be violated$

othing in this section, however, shall be construed as in any manner affecting or constituting animpairment of the freedom of individuals to support or oppose any candidate for any barangay office$

Section 3#. Certificate of Caniacy. - o person shall be elected punong barangay or kagawad ngsangguniang barangay unless he files a sworn certificate of candidacy in triplicate on any day from thecommencement of the election period but not later than the day before the beginning of the campaignperiod in a form to be prescribed by the /ommission$ %he candidate shall state the barangay office forwhich he is a candidate$

%he certificate of candidacy shall be filed with the secretary of the sangguniang barangay who shall havethe ministerial duty to receive said certificate of candidacy and to immediately acknowledge receiptthereof$

In case the secretary refuses to receive the same, or in the case of his absence or non-availability, acandidate may file his certificate with the election registrar of the city or municipality concerned$

%he secretary of the sangguniang barangay or the election registrar, as the case may be, shall prepare aconsolidated list all the candidates and shall post said list in the barangay hall and in other conspicuousplaces in the barangay at least ten days before the election$

8ny 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 consideredautomatically resigned upon the filing of certificate of candidacy for a barangay office$

Section 4$. !oar of Election Tellers. -

( %he /ommission shall constitute not later than ten days before the election a board of electiontellers in every barangay polling place, to be composed of a public elementary school teacher aschairman, and two members who are registered voters of the polling place concerned, but whoare not incumbent barangay officials nor related to any candidate for any position in thatbarangay within the fourth civil degree of affinity or consanguinity$

In case no public elementary school teachers are available, the /ommission shall designate any

registered voter in the polling place who is not an incumbent barangay official nor related to anycandidate for any position in that barangay within the fourth civil degree of affinity orconsanguinity$

(2 %he board of election tellers shall supervise and conduct the election in their respective pollingplaces, count the votes and thereafter prepare a report in triplicate on a form prescribed by the/ommission$ %he original of this report shall be delivered immediately to the barangay board ofcanvassers$ %he second copy shall be delivered to the election registrar and the third copy shallbe delivered to the secretary of the sangguniang barangay who shall keep the same on file$



Section 41. Registration of voters an list of voters. - ot later than seven days before the election, theboard of election tellers shall meet in every barangay polling place to conduct the registration of barangayvoters and to prepare the list of voters$ 8ny voter may challenge the !ualification of any person seeking toregister and said challenge shall be heard and decided on the same day by the board of election tellers$

%he final list of voters shall be posted in the polling places at least two days before election day$ %he

registration of any voter shall not be transferred without written notice at least two days before the date ofelection$ ot later than the day following the barangay election, the board of election tellers shall deliverthe list of voters to the election registrar for custody and safekeeping$

Section 42. Polling places. - ( %he chairman of the board of election tellers shall designate the publicschool or any other public building within the barangay to be used as polling place in case the barangayhas one election precinct$ (2 9or barangays with two or more election precincts the chairman of theboard of canvassers shall designate the public school or any other public building to be used as pollingplace$

In case there is no public school or other public building that can be used as polling places, otherappropriate private buildings may be designated' Provided, %hat such buildings are not owned oroccupied or possessed by any incumbent elective public official or candidate, or his relative within the

fourth civil degree of consanguinity or affinity$ %he polling place shall be centrally located as possible,always taking into consideration the convenience and safety of the voters$

Section 43. "fficial barangay ballots. - %he official barangay ballots shall be provided by the city ormunicipality concerned of a si5e and color to be prescribed by the /ommission$

Such official ballots shall, before they are handed to the voter at the polling place, be authenticated in thepresence of the voter, by the authori5ed representatives of the candidates and the chairman andmembers of the board of election tellers who shall affi0 their signatures at the back thereof$ 8ny ballotwhich is not authenticated shall be deemed spurious$

Section 44. !allot bo#es. - %he /ommission shall provide the ballot bo0es for each barangay pollingplace, but each candidate may be permitted to provide a padlock for said ballot bo0$

Section 45. Postponement or failure of election. - >hen for any serious cause such as violence,terrorism, loss or destruction of election paraphernalia or records, force ma&eure, and other analogouscauses of such nature that the holding of a free, orderly and honest election should become impossible inany barangay, the /ommission, upon a verified petition of an interested party and after due notice andhearing at which the interested parties are given e!ual opportunity to be heard, shall postpone theelection therein for such time as it may deem necessary$

If, on account of force ma&eure, violence, terrorism, fraud or other analogous causes, the election in anybarangay has not been held on the date herein fi0ed or has been suspended before the hour fi0ed by lawfor the closing of the voting therein and such failure or suspension of election would affect the result of theelection, the /ommission, on the basis of a verified petition of an interested party, and after due noticeand hearing, at which the interested parties are given e!ual opportunity to be heard shall call for theholding or continuation of the election within thirty days after it shall have verified and found that thecause or causes for which the election has been postponed or suspended have ceased to e0ist or uponpetition of at least thirty percent of the registered voters in the barangay concerned$

>hen the conditions in these areas warrant, upon verification by the /ommission, or upon petition of atleast thirty percent of the registered voters in the barangay concerned, it shall order the holding of thebarangay election which was postponed or suspended$

Section 4. !arangay boar of canvassers. -



( %he /ommission shall constitute a board of canvassers at least seven days before theelection in each barangay, to be composed of the senior public elementary school teacher in thebarangay as chairman, and two other public elementary school teachers, as members$

In case the number of public elementary school teachers is inade!uate, the /ommission shalldesignate the chairman and members of the barangay board of canvassers from among the

board of election tellers$

(2 %he barangay board of canvassers shall meet immediately in a building where a polling placeis found and which is most centrally located in the barangay and after canvassing the results fromthe various polling places within the barangay, proclaim the winners$ %he board of canvassersshall accomplish the certificate of proclamation in triplicate on a form to be prescribed by the/ommission$ %he original of the certificate shall be sent to the election registrar concerned, thesecond copy shall be delivered to the secretary of the sangguniang bayan or sangguniangpanglunsod, as the case may be, and the third copy shall be kept on file by the secretary of thesangguniang barangay$

(* In a barangay where there is only one polling place, the barangay board of election tellersshall also be the barangay board of canvassers$

Section 4!. Activities uring the campaign perio. - uring the campaign period, the punong barangay ifhe is not a candidate, or any resident of the barangay designated by the /ommission, shall convene thebarangay assembly at least once for the purpose of allowing the candidates to appear at a &oint meetingduly called, upon proper and with at least two days notice, to e0plain to the barangay voters theirrespective program of administration, their !ualifications, and other information that may help enlightenvoters in casting their votes$

%he members of the barangay assembly may take up and discuss other matters relative to the election ofbarangay officials$

Section 4". $atchers. - /andidates may appoint two watchers each, to serve alternately, in every pollingplace within the barangay, who shall be furnished with a signed copy of the results of the election, in such

form as the /ommission may prescribe, immediately after the completion of the canvass$

Section 4#. %nclusion an e#clusion cases. - Inclusion and e0clusion cases which shall be decided notlater than seven before the date of the election shall be within the e0clusive original &urisdiction of themunicipal or metropolitan trial court$ %he notice of such decision shall be served to all parties withintwenty-four hours following its promulgation and any party adversely affected may appeal therefrom withintwenty-four hours to the regional trial court which shall finally decide the same not later than two daysbefore the date of the election$

Section 5$. Funing. - 3ocal governments shall appropriate such funds to defray such necessary andreasonable e0penses of the members of the board of election tellers, board of canvassers and theprinting of election forms and procurement of other election paraphernalia, and the installation of pollingbooths$

Section 51. Penalties. - ?iolations of any provisions of this 8rticle shall constitute prohibited acts andshall be prosecuted and penali5ed in accordance with the provisions of this /ode$

ARTICLE VII

THE COMMISSION ON ELECTIONS



Section 52. Po&ers an functions of the Commission on Elections. - In addition to the powers andfunctions conferred upon it by the /onstitution, the /ommission shall have e0clusive charge of theenforcement and administration of all laws relative to the conduct of elections for the purpose of ensuringfree, orderly and honest elections, and shall'

(a 70ercise direct and immediate supervision and control over national and local officials or

employees, including members of any national or local law enforcement agency andinstrumentality of the government re!uired by law to perform duties relative to the conduct ofelections$ In addition, it may authori5e /"% cadets eighteen years of age and above to act as itsdeputies for the purpose of enforcing its orders$

%he /ommission may relieve any officer or employee referred to in the preceding paragraph fromthe performance of his duties relating to electoral processes who violates the election law or failsto comply with its instructions, orders, decisions or rulings, and appoint his substitute$ @ponrecommendation of the /ommission, the corresponding proper authority shall suspend or removefrom office any or all of such officers or employees who may, after due process, be found guilty ofsuch violation or failure$

(b uring the period of the campaign and ending thirty days thereafter, when in any area of the

country there are persons committing acts of terrorism to influence people to vote for or againstany candidate or political party, the /ommission shall have the power to authori5e any member ormembers of the 8rmed 9orces of the Philippines, the ational #ureau of Investigation, theIntegrated ational Police or any similar agency or instrumentality of the government, e0ceptcivilian 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 /ode or other lawswhich the /ommission is re!uired to enforce and administer, and re!uire the payment of legalfees and collect the same in payment of any business done in the /ommission, at rates that itmay provide and fi0 in its rules and regulations$

Rules and regulations promulgated by the /ommission to implement the provisions of this /ode

shall take effect on the si0teenth day after publication in the Afficial 6a5ette or in at least dailynewspapers of general circulation$ Arders and directives issued by the /ommission pursuant tosaid rules and regulations shall be furnished by personal delivery to accredited political partieswithin forty-eight hours of issuance and shall take effect immediately upon receipt$

In case of conflict between rules, regulations, orders or directives of the /ommission in thee0ercise of its constitutional powers and those issued by any other administrative office or agencyof 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 ducestecum, and take testimony in any investigation or hearing before it, and delegate such power toany officer of the /ommission who shall be a member of the Philippine #ar$ In case of failure of awitness to attend, the /ommission, upon proof of service of the subpoena to said witnesses, may

issue a warrant to arrest witness and bring him before the /ommission or the officer before whomhis attendance is re!uired$

8ny controversy submitted to the /ommission shall, after compliance with the re!uirements ofdue process, be immediately heard and decided by it within si0ty days from submission thereof$o decision or resolution shall be rendered by the /ommission either en banc or by divisionunless taken up in a formal session properly convened for the purpose$



%he /ommission may, when necessary, avail of the assistance of any national or local lawenforcement agency andBor instrumentality of the government to e0ecute under its direct andimmediate supervision any of its final decisions, orders, instructions or rulings$

(e Punish contempts provided for in the Rules of /ourt in the same procedure and with the samepenalties provided therein$ 8ny violation of any final and e0ecutory decision, order or ruling of the

/ommission shall constitute contempt thereof$

(f 7nforce and e0ecute its decisions, directives, orders and instructions which shall haveprecedence over those emanating from any other authority, e0cept the Supreme /ourt and thoseissued in habeas corpus proceedings$

(g Prescribe the forms to be used in the election, plebiscite or referendum$

(h Procure any supplies, e!uipment, materials or services needed for the holding of the electionby public bidding' Provided, %hat, if it finds the re!uirements of public bidding impractical toobserve, then by negotiations or sealed bids, and in both cases, the accredited parties shall beduly notified$

(i Prescribe the use or adoption of the latest technological and electronic devices, taking intoaccount the situation prevailing in the area and the funds available for the purpose' Provided,%hat the /ommission shall notify the authori5ed representatives of accredited political parties andcandidates in areas affected by the use or adoption of technological and electronic devices notless than thirty days prior to the effectivity of the use of such devices$

(& /arry out a continuing and systematic campaign through newspapers of general circulation,radios and other media forms to educate the public and fully inform the electorate about electionlaws, procedures, decisions, and other matters relative to the work and duties of the /ommissionand the necessity of clean, free, orderly and honest electoral processes$

(k 7nlist non-partisan group or organi5ations of citi5ens from the civic, youth, professional,educational, business or labor sectors known for their probity, impartiality and integrity with themembership and capability to undertake a coordinated operation and activity to assist it in theimplementation of the provisions of this /ode and the resolutions, orders and instructions of the/ommission for the purpose of ensuring free, orderly and honest elections in any constituency$

Such groups or organi5ations shall function under the direct and immediate control andsupervision of the /ommission and shall perform the following specific functions and duties'

8$ #efore 7lection ay'

$ @ndertake an information campaign on salient features of this /ode and helpin the dissemination of the orders, decisions and resolutions of the /ommissionrelative to the forthcoming election$

2$ >age a registration drive in their respective areas so that all citi5ens of votingage, not otherwise dis!ualified by law may be registered$

*$ Celp cleanse the list of voters of illegal registrants, conduct house-to-housecanvass if necessary, and take the appropriate legal steps towards this end$



.$ Report to the /ommission violations of the provisions of this /ode on theconduct of the political campaign, election propaganda and electorale0penditures$

#$ An 7lection ay'

$ 70hort all registered voters in their respective areas to go to their pollingplaces and cast their votes$

2$ ominate one watcher for accreditation in each polling place and each placeof canvass who shall have the same duties, functions and rights as the otherwatchers of political parties and candidates$ "embers or units of any citi5engroup or organi5ation so designated by the /ommission e0cept its lone dulyaccredited watcher, shall not be allowed to enter any polling place e0cept to vote,and shall, if they so desire, stay in an area at least fifty meters away from thepolling place$

*$ Report to the peace authorities and other appropriate agencies all instances ofterrorism, intimidation of voters, and other similar attempts to frustrate the free

and orderly casting of votes$

.$ Perform such other functions as may be entrusted to such group ororgani5ation by the /ommission$

%he designation of any group or organi5ation made in accordance herewith may be revoked bythe /ommission upon notice and hearing whenever by its actuations such group or organi5ationhas shown partiality to any political party or candidate, or has performed acts in e0cess or incontravention of the functions and duties herein provided and such others which may be grantedby the /ommission$

(l /onduct hearings on controversies pending before it in the cities or provinces upon propermotion of any party, taking into consideration the materiality and number of witnesses to bepresented, the situation prevailing in the area and the fund available for the purpose$

(m 9i0 other reasonable periods for certain pre-election re!uirements in order that voters shallnot be deprived of their right of suffrage and certain groups of rights granted them in this /ode$

@nless indicated in this /ode, the /ommission is hereby authori5ed for fi0 the appropriate periodfor the various prohibited acts enumerated herein, consistent with the re!uirements of free,orderly, and honest elections$

Section 53. Fiel offices of the Commission. - %he /ommission shall have the following field offices'

( Regional 7lection Affice, headed by the Regional 7lection irector and assisted by the

8ssistant Regional irector and such other subordinate officers or employees as the /ommissionmay appoint$

(2 Provincial 7lection Affice, headed by the Provincial 7lection Supervisor and assisted by suchother subordinate officers or employees as the /ommission may appoint$

(* /ityB"unicipal 7lection Affice, headed by the /ityB"unicipal Registrar who shall be assistedby an election clerk and such other employees as the /ommission may appoint$



%he /ommission may delegate its powers and functions or order the implementation or enforcement of itsorders, rulings, or decisions through the heads of its field offices$

Section 54. 'ualifications. - Anly members of the Philippines #ar shall be eligible for appointment to theposition of regional director, assistant regional director, provincial election supervisor and electionregistrar' Provided, however, %hat if there are no members of the Philippine #ar available for appointment

as election registrar, e0cept in cities and capital towns, graduates of duly recogni5ed schools of law,liberal arts, education or business administration who possess the appropriate civil service eligibility maybe appointed to said position$

Section 55. "ffice space. - %he local government concerned shall provide a suitable place for the officeof the provincial election supervisor and his staff and the election registrar and his staff' Provided, %hat incase of failure of the local government concerned to provide such suitable place, the provincial electionsupervisor or the election registrar, as the case may be, upon prior authority of the /ommission andnotice to the local government concerned, may lease another place for office and the rentals thereof shallbe chargeable to the funds of the local government concerned$

Section 5. Changes in the composition( istribution or assignment of fiel offices. - %he /ommissionmay make changes in the composition, distribution and assignment of field offices, as well as its

personnel, whenever the e0igencies of the service and the interest of free, orderly, and honest election sore!uire' Provided, %hat such changes shall be effective and enforceable only for the duration of theelection period concerned and shall not affect the tenure of office of the incumbents of positions affectedand shall not constitute a demotion, either in rank or salary, nor result in change of status' and Provided,further, %hat there shall be no changes in the composition, distribution or assignment within thirty daysbefore election, e0cept for cause and after due notice and hearing, and that in no case shall a regional orassistant regional director be assigned to a region) a provincial election supervisor to a province) or a cityor municipal election registrar to a city or municipality, where he andBor his spouse are related to anycandidate within the fourth civil degree of consanguinity or affinity as the case may be$

Section 5!. )easures to ensure enforcement. - 9or the effective enforcement of the provisions of this/ode, the /ommission is further vested and charged with the following powers, duties andresponsibilities'

$ %o issue search warrants after e0amination under oath or affirmation of the complainant andthe witnesses

2$ %o stop any illegal election activity, or confiscate, tear down, and stop any unlawful, libelous,misleading or false election propaganda, after due notice and hearing$

*$ %o in!uire into the financial records of candidates and any organi5ation or group of persons,motu proprio or upon written representation for probable cause by any candidate or group of

persons or !ualified voter, after due notice and hearing$

9or purposes of this section, the /ommission may avail itself of the assistance of the /ommission on 8udit, the /entral #ank, the ational #ureau of Investigation, the #ureau of Internal Revenue, the 8rmed9orces of the Philippines, the Integrated ational Police of the Philippines, barangay officials, and otheragencies of the government$

Section 5". *is+ualifications of members of the Commission. - %he chairman and members of the/ommission shall be sub&ect to the canons of &udicial ethics in the discharge of their functions$



o chairman or commissioner shall sit in any case in which he has manifested bias or pre&udice for oragainst or antagonism against any party thereto and in connection therewith, or in any case in which hewould be dis!ualified under the Rules of /ourt$ If it be claimed that the chairman or a commissioner isdis!ualified as above provided, the party ob&ecting to his competency may file his ob&ection in writing withthe /ommission stating the ground therefor$ %he official concerned shall continue to participate in thehearing or withdrawn therefrom in accordance with his determination of the !uestion of hisdis!ualification$ %he decision shall forthwith be made in writing and filed with the other papers of the casein accordance with the Rules of /ourt$ If a dis!ualification should result in a lack of !uorum in the/ommission sitting en banc, the Presiding :ustice of the Intermediate 8ppellate /ourt shall designate a

&ustice of said court to sit in said case for the purpose of hearing and reaching a decision thereon$

Section 5#. Publication of official ballots an election returns an printing thereof. - %he /ommission shallpublish at least ten days before an election in a newspaper of general circulation certified data on thenumber of official ballots and election returns and the names and addresses of the printers and thenumber printed by each$

ARTICLE VIII

%OLITICAL %ARTIES

Section $. Political party. - DPolitical partyD or DpartyD, when used in this 8ct, means an organi5ed groupof persons pursuing the same ideology, political ideas or platforms of government and includes itsbranches and divisions$ %o ac!uire &uridical personality, !uality it for subse!uent accreditation, and toentitle it to the rights and privileges herein granted to political parties, a political party shall first be dulyregistered with the /ommission$ 8ny registered political party that, singly or in coalition with others, failsto obtain at least ten percent of the votes cast in the constituency in which it nominated and supported acandidate or candidates in the election ne0t following its registration shall, after notice and hearing bedeemed to have forfeited such status as a registered political party in such constituency$

Section 1. Registration. - 8ny organi5ed group of persons seeking registration as a national or regionalpolitical party may file with the /ommission a verified petition attaching thereto its constitution and by-

laws, platform or program of government and such other relevant information as may be re!uired by the/ommission$ %he /ommission shall, after due notice and hearing, resolve the petition within ten daysfrom the date it is submitted for decision$

o religious sect shall be registered as a political party and no political party which seeks to achieve itsgoal through violence shall be entitled to accreditation$

Section 2. Publication of petition for registration or accreitation. - %he /ommission shall re!uirepublication of the petition for registration or accreditation in at least three newspapers of generalcirculation and shall, after due notice and hearing, resolve the petition within fifteen days from the date itis submitted for decision$

ARTICLE I&

ELIGIBILITY OF CAN'I'ATES AN' CERTIFICATE OF CAN'I'ACY

Section 3. 'ualifications for Presient an ,ice-Presient of the Philippines. - o person may beelected President unless he is a natural-born citi5en of the Philippines, a registered voter, able to readand write, at least forty years of age on the day of election, and a resident of the Philippines for at leastten years immediately preceding such election$

Section 4. 'ualifications for )embers of the !atasang Pambansa. - o person shall be elected "emberof the #atasang Pambansa as provincial, city or district representative unless he is a natural-born citi5en



of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read andwrite, a registered voter in the constituency in which he shall be elected, and a resident thereof for aperiod of not less than si0 months immediately preceding the day of the election$

8 sectoral representative shall be a natural-born citi5en of the Philippines, able to read and write, aresident 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 bona fide member of the sector he seeksto represent, and in the case of a representative of the agricultural or industrial labor sector, shall be aregistered voter, and on the day of the election is at least twenty-five years of age$

%he youth sectoral representative should at least be eighteen and not be more than twenty-five years ofage on the day of the election' Provided, however, %hat any youth sectoral representative who attains theage of twenty-five years during his term shall be entitled to continue in office until the e0piration of histerm$

Section 5. 'ualifications of elective local officials. - %he !ualifications for elective provincial, city,municipal and barangay officials shall be those provided for in the 3ocal 6overnment /ode$

Section . Caniates holing appointive office or positions. - 8ny person holding a public appointive

office or position, including active members of the 8rmed 9orces of the Philippines, and officers andemployees in government-owned or controlled corporations, shall be considered ipso facto resigned fromhis office upon the f iling of his certificate of candidacy$

Section !. Caniates holing elective office. - 8ny elective official, whether national or local, runningfor any office other than the one which he is holding in a permanent capacity, e0cept for President and?ice-President, shall be considered ipso facto resigned from his office upon the filing of his certificate ofcandidacy$

Section ". *is+ualifications. - 8ny candidate who, in an action or protest in which he is a party isdeclared by final decision of a competent court guilty of, or found by the /ommission of having (a givenmoney or other material consideration to influence, induce or corrupt the voters or public officialsperforming electoral functions) (b committed acts of terrorism to enhance his candidacy) (c spent in his

election campaign an amount in e0cess of that allowed by this /ode) (d solicited, received or made anycontribution prohibited under Sections =<, <E, <1, <F and ;.) or (e violated any of Sections =;, =*, =E,=1 and 21, paragraphs d, e, k, v, and cc, subparagraph 1, shall be dis!ualified from continuing as acandidate, or if he has been elected, from holding the office$ 8ny person who is a permanent resident ofor an immigrant to a foreign country shall not be !ualified to run for any elective office under this /ode,unless said person has waived his status as permanent resident or immigrant of a foreign country inaccordance with the residence re!uirement provided for in the election laws$

Section #. uisance caniates. - %he /ommission may motu proprio or upon a verified petition of aninterested party, refuse to give due course to or cancel a certificate of candidacy if it is shown that saidcertificate has been filed to put the election process in mockery or disrepute or to cause confusion amongthe voters by the similarity of the names of the registered candidates or by other circumstances or actswhich clearly demonstrate that the candidate has no bona fide intention to run for the office for which the

certificate of candidacy has been filed and thus prevent a faithful determination of the true will of theelectorate$

Section !$. uest caniacy. - 8 political party may nominate andBor support candidates not belonging toit$

Section !2. Effects of is+ualification cases an priority. - %he /ommission and the courts shall give



priority to cases of dis!ualification by reason of violation of this 8ct to the end that a final decision shall berendered not later than seven days before the election in which the dis!ualification is sought$

8ny candidate who has been declared by final &udgment to be dis!ualified shall not be voted for, and thevotes cast for him shall not be counted$ evertheless, if for any reason, a candidate is not declared byfinal &udgment before an election to be dis!ualified and he is voted for and receives the winning number of

votes in such election, his violation of the provisions of the preceding sections shall not prevent hisproclamation and assumption to office$

Section !3. Certificate of caniacy. - o person shall be eligible for any elective public office unless hefiles a sworn certificate of candidacy within the period fi0ed herein$

8 person who has filed a certificate of candidacy may, prior to the election, withdraw the same bysubmitting to the office concerned a written declaration under oath$

o person shall be eligible for more than one office to be filled in the same election, and if he files hiscertificate of candidacy for more than one office, he shall not be eligible for any of them$

Cowever, before the e0piration 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 beeligible and cancel the certificate of candidacy for the other office or offices$

%he filing or withdrawal of a certificate of candidacy shall not affect whatever civil, criminal oradministrative liabilities which a candidate may have incurred$

Section !4. Contents of certificate of caniacy. - %he certificate of candidacy shall state that the personfiling it is announcing his candidacy for the office stated therein and that he is eligible for said office) if for"ember of the #atasang Pambansa, the province, including its component cities, highly urbani5ed city ordistrict or sector which he seeks to represent) the political party to which he belongs) civil status) his dateof birth) residence) his post office address for all election purposes) his profession or occupation) that hewill support and defend the /onstitution of the Philippines and will maintain true faith and allegiancethereto) that he will obey the laws, legal orders, and decrees promulgated by the duly constitutedauthorities) that he is not a permanent resident or immigrant to a foreign country) that the obligationimposed by his oath is assumed voluntarily, without mental reservation or purpose of evasion) and thatthe facts stated in the certificate of candidacy are true to the best of his knowledge$

@nless a candidate has officially changed his name through a court approved proceeding, a certificateshall use in a certificate of candidacy the name by which he has been bapti5ed, or if has not beenbapti5ed in any church or religion, the name registered in the office of the local civil registrar or any othername allowed under the provisions of e0isting law or, in the case of a "uslim, his Cad&i name afterperforming the prescribed religious pilgrimage' Provided, %hat when there are two or more candidates foran office with the same name and surname, each candidate, upon being made aware or such fact, shallstate his paternal and maternal surname, e0cept the incumbent who may continue to use the name andsurname stated in his certificate of candidacy when he was elected$ Ce may also include one nickname orstage name by which he is generally or popularly known in the locality$

%he person filing a certificate of candidacy shall also affi0 his latest photograph, passport si5e) astatement in duplicate containing his bio-data and program of government not e0ceeding one hundredwords, if he so desires$

Section !5. Filing an istribution of certificate of caniacy. - %he certificate of candidacy shall be filedon any day from the commencement of the election period but not later than the day before the beginningof the campaign period' Provided, %hat in cases of postponement or failure of election under Sections E



and 1 hereof, no additional certificate of candidacy shall be accepted e0cept in cases of substitution ofcandidates as provided under Section FF hereof$

%he certificates of candidacy for President and ?ice-President of the Philippines shall be filed in tenlegible copies with the /ommission which shall order the printing of copies thereof for distribution to allpolling places$ %he certificates of candidacy for the other offices shall be filed in duplicate with the offices

herein below mentioned, together with a number of clearly legible copies e!ual to twice the number ofpolling places in the province, city, district, municipality or barangay, as the case may be'

(a 9or representative in the #atasang Pambansa, with the /ommission, the provincial electionsupervisor, city election registrar in case of highly urbani5ed cities, or an officer designated by the/ommission having &urisdiction over the province, city or representative district who shall sendcopies thereof to all polling places in the province, city or district)

(b 9or provincial offices, with the provincial election supervisor of the province concerned whoshall send copies thereof to all polling places in the province)

(c 9or city and municipal offices, with the city or municipal election registrar who shall sendcopies thereof to all polling places in the city or municipality) and

(d 9or punong barangay or kagawad ng sangguniang barangay, the certificates of candidacyshall be filed in accordance with the provisions of Section *< of 8rticle ?I of this /ode$

%he duly authori5ed receiving officer shall immediately send the original copy of all certificates ofcandidacy received by him to the /ommission$

Section !. )inisterial uty of receiving an ackno&leging receipt. - %he /ommission, provincialelection supervisor, election registrar or officer designated by the /ommission or the board of electioninspectors under the succeeding section shall have the ministerial duty to receive and acknowledgereceipt of the certificate of candidacy$

Section !!. Caniates in case of eath( is+ualification or &ithra&al of another. - If after the last dayfor the filing of certificates of candidacy, an official candidate of a registered or accredited political party

dies, withdraws or is dis!ualified for any cause, only a person belonging to, and certified by, the samepolitical party may file a certificate of candidacy to replace the candidate who died, withdrew or wasdis!ualified$ %he substitute candidate nominated by the political party concerned may file his certificate ofcandidacy for the office affected in accordance with the preceding sections not later than mid-day of theday of the election$ If the death, withdrawal or dis!ualification should occur between the day before theelection and mid-day of election day, said certificate may be filed with any board of election inspectors inthe political subdivision where he is a candidate, or, in the case of candidates to be voted for by the entireelectorate of the country, with the /ommission$

Section !". Petition to eny ue course to or cancel a certificate of caniacy. - 8 verified petitionseeking to deny due course or to cancel a certificate of candidacy may be filed by the person e0clusively

on the ground that any material representation contained therein as re!uired under Section F. hereof isfalse$ %he petition may be filed at any time not later than twenty-five days from the time of the filing of thecertificate of candidacy and shall be decided, after due notice and hearing, not later than fifteen daysbefore the election$

ARTICLE &

CAM%AIGN AN' ELECTION %RO%AGAN'A

Section !#. *efinitions. - 8s used in this /ode'





announcing the holding of said meeting or rally, streamers not e0ceeding three feet by eight feetin si5e, shall be allowed' Provided, %hat said streamers may not be displayed e0cept one weekbefore the date of the meeting or rally and that it shall be removed within seventy-two hours aftersaid meeting or rally) or

(d 8ll other forms of election propaganda not prohibited by this /ode as the /ommission may

authori5e after due notice to all interested parties and hearing where all the interested partieswere given an e!ual opportunity to be heard' Provided, %hat the /ommissionGs authori5ation shallbe published in two newspapers of general circulation throughout the nation for at least twicewithin one week after the authori5ation has been granted$

Section "3. Removal( estruction or efacement of la&ful election propagana prohibite. - It shall beunlawful for any person during the campaign period to remove, destroy, obliterate, or in any mannerdeface or tamper with, or prevent the distribution of lawful election propaganda$

Section "4. Re+uirements for publishe or printe election propagana. - 8ny newspaper, newsletter,newsweekly, ga5ette or maga5ine advertising, posters, pamphlets, circulars, handbills, bumper stickers,streamers, simple list of candidates or any published or printed political matter for or against a candidateor group of candidates to any public office shall bear and be identified by the words Dpaid for byD followed

by the true and correct name and address of the payor and by the words Dprinted byD followed by the trueand correct name and address of the printer$

Section "5. Prohibite forms of election propagana. - It shall be unlawful'

(a %o print, publish, post or distribute any poster, pamphlet, circular, handbill, or printed matterurging voters to vote for or against any candidate unless they bear the names and addresses ofthe printer and payor as re!uired in Section =. hereof)

(b %o erect, put up, make use of, attach, float or display any billboard, tinplate-poster, balloonsand the like, of whatever si5e, shape, form or kind, advertising for or against any candidate orpolitical party)

(c %o purchase, manufacture, re!uest, distribute or accept electoral propaganda gadgets, suchas pens, lighters, fans of whatever nature, flashlights, athletic goods or materials, wallets, shirts,hats, bandanas, matches, cigarettes and the like, e0cept that campaign supportersaccompanying a candidate shall be allowed to wear hats andBor shirts or %-shirts advertising acandidate)

(d %o show or display publicly any advertisement or propaganda for or against any candidate bymeans of cinematography, audio-visual units or other screen pro&ections e0cept telecasts whichmay be allowed as hereinafter provided) and

(e 9or any radio broadcasting or television station to sell or give free of charge air time forcampaign and other political purposes e0cept as authori5ed in this /ode under the rules and

regulations promulgated by the /ommission pursuant thereto$

8ny prohibited election propaganda gadget or advertisement shall be stopped, confiscated or torndown by the representative of the /ommission upon specific authority of the /ommission$

Section ". Regulation of election propagana through mass meia. -

(a %he /ommission shall promulgate rules and regulations regarding the sale of air time forpartisan political purposes during the campaign period to insure the e!ual time as to duration and



!uality in available to all candidates for the same office or political parties at the same rates orgiven free of charge) that such rates are reasonable and not higher than those charged otherbuyers or users of air time for non-political purposes) that the provisions of this /ode regardingthe limitation of e0penditures by candidates and political parties and contributions by privatepersons, entities and institutions are effectively enforced) and to ensure that said radiobroadcasting and television stations shall not unduly allow the scheduling of any program orpermit any sponsor to manifestly favor or oppose any candidate or political party by unduly orrepeatedly referring to or including said candidate andBor political party in such programrespecting, however, in all instances the right of said stations to broadcast accounts of significantor newsworthy events and views on matters of public interest$

(b 8ll contracts for advertising in any newspaper, maga5ine, periodical or any form of publicationpromoting or opposing the candidacy of any person for public office shall, before itsimplementation, be registered by said newspaper, maga5ine, periodical or publication with the/ommission$ In every case, it shall be signed by the candidate concerned or by the dulyauthori5ed representative of the political party$

(c o franchise or permit to operate a radio or television station shall be granted or issued,suspended or cancelled during the election period$

8ny radio or television stations, including that owned or controlled by the 6overnment, shall give free ofcharge e!ual time and prominence to an accredited political party or its candidates if it gives free ofcharge air time to an accredited political party or its candidates for political purposes$

In all instances, the /ommission shall supervise the use and employment of press, radio and televisionfacilities so as to give candidates e!ual opportunities under e!ual circumstances to make known their!ualifications and their stand on public issues within the limits set forth in this /ode on election spending$

Rules and regulations promulgated by the /ommission under and by authority of this section shall takeeffect on the seventh day after their publication in at least two daily newspapers of general circulation$Prior to the effectivity of said rules and regulations, no political advertisement or propaganda for oragainst any candidate or political party shall be published or broadcast through the mass media$

?iolation of the rules and regulations of the /ommission issued to implement this section shall be anelection offense punishable under Section 21. hereof$

Section "!. Rallies( meetings an other political activities. - Sub&ect to the re!uirements of localordinances on the issuance of permits, any political party supporting official candidates or any candidateindividually or &ointly with other aspirants may hold peaceful political rallies, meetings, and other similaractivities during the campaign period' Provided, %hat all applications for permits to hold meetings, ralliesand other similar political activities, receipt of which must be acknowledged in writing and whichapplication shall be immediately posted in a conspicuous place in the city or municipal building, shall beacted upon in writing by local authorities concerned within three days after the f iling thereof and anyapplication not acted upon within said period shall be deemed approved' and Provided, further, %hatdenial of any application for said permit shall be appealable to the provincial election supervisor or to the

/ommission whose decision shall be made within forty-eight hours and which shall be final ande0ecutory' Provided, finally, %hat one only &ustifiable ground for denial is a prior written application by anycandidate or political party for the same purpose has been approved$

Section "". Public rally. - 8ny political party or candidate shall notify the election registrar concerned ofany public rally said political party or candidate intends to organi5e and hold in the city or municipality,and within seven working days thereafter submit to the election registrar a statement of e0pensesincurred in connection therewith$



Section "#. Transportation( foo an rinks. - It shall be unlawful for any candidate, political party,organi5ation, or any person to give or accept, free of charge, directly or indirectly, transportation, food ordrinks or things of value during the five hours before and after a public meeting, on the day preceding theelection, and on the day of the election) or to give or contribute, directly or indirectly, money or things ofvalue for such purpose$

Section #$. Comelec space. - %he /ommission shall procure space in at least one newspaper of generalcirculation in every province or city' Provided, however, %hat in the absence of said newspaper,publication shall be done in any other maga5ine or periodical in said province or city, which shall beknown as D/omelec SpaceD wherein candidates can announce their candidacy$ Said space shall beallocated, free of charge, e!ually and impartially by the /ommission among all candidates within the areain which the newspaper is circulated$

Section #1. Comelec poster area. - >henever practicable, the /ommission shall also designate andprovide for a common poster are in strategic places in each town wherein candidates can announce andfurther their candidacy through posters, said space to be likewise allocated free of charge, e!ually andimpartially by the /ommission among all the candidates concerned$

Section #2. Comelec time. - %he /ommission shall procure radio and television time to be known as

D/omelec %imeD which shall be allocated e!ually and impartially among the candidates within the area ofcoverage of all radio and television stations$ 9or this purpose, the franchise of all radio broadcasting andtelevision station are hereby amended so as to provide radio television time, free of charge, during theperiod of the campaign$

Section #3. Comelec information bulletin. - %he /ommission shall cause the printing, and supervise thedissemination of bulletins to be known as D/omelec #ulletinD which shall be of such si5e as to ade!uatelycontain the picture, bio-data and program of government of every candidate$ Said bulletin shall bedisseminated to the voters or displayed in such places as to give due prominence thereto$ 8ny candidatemay reprint at his e0pense, any D/omelec #ulletinD upon prior authority of the /ommission' Provided,%hat the printing of the names of the different candidates with their bio-data must be in alphabetical orderirrespective of party affiliation$

ARTICLE 'I

ELECTORAL CONTRIBUTIONS AND E'PENDITURES

Section $. Definitions. - As used in this Article$

4a5 The term "contribution" includes a gift donation subscription loan advance or

deposit of mone# or an#thing of value or a contract promise or agreement to contribute

whether or not legall# enforceable made for the purpose of influencing the results of the

elections but shall not include services rendered without compensation b# individuals

volunteering a portion or all of their time in behalf of a candidate or political part#. 2tshall also include the use of facilities voluntaril# donated b# other persons the mone#

value of which can be assessed based on the rates prevailing in the area.

4b5 The term "e!penditure" includes the pa#ment or deliver# of mone# of an#thing ofvalue or a contract promise or agreement to make an e!penditure for the purpose of

influencing the results of the election. 2t shall also include the use of facilities personall#





Section $#. Pro$ibited raising of funds. - 2t shall be unlawful for an# person to hold dances

lotteries cockfights games bo!ing bouts bingo beaut# contests entertainments or

cinematographic theatrical or other performances for the purpose of raising funds for an electioncampaign or for the support of an# candidate from the commencement of the election period up

to and including election da#) or for an# person or organi6ation whether civic or religious

directl# or indirectl# to solicit andIor accept from an# candidate for public office or from hiscampaign manager agent or representative or an# person acting in their behalf an# gift food

transportation contribution or donation in cash or in kind from the commencement of the

election period up to and including election da#) Provided That normal and customar# religiousstipends tithes or collections on 3unda#s andIor other designated collection da#s are e!cluded

from this prohibition.

Section $8. True name of contributor reuired. - =o person shall make an# contribution in an#

name e!cept his own nor shall an# candidate or treasurer of a political part# receive acontribution or enter or record the same in an# name other than that of the person b# whom it

was actuall# made.

Section $$. !eport of contributions. - Ever# person giving contributions to an# candidate

treasurer of the part# or authori6ed representative of such candidate or treasurer shall not laterthan thirt# da#s after the da# of the election file with the Commission a report under oath stating

the amount of each contribution the name of the candidate agent of the candidate or political

part# receiving the contribution and the date of the contribution.

Section 1%%. +imitations upon expenses of candidates. - =o candidate shall spend for his electioncampaign an aggregate amount e!ceeding one peso and fift# centavos for ever# voter currentl#

registered in the constituenc# where he filed his candidac#$ Provided That the e!penses herein

referred to shall include those incurred or caused to be incurred b# the candidate whether in cash

or in kind including the use rental or hire of land water or aircraft e7uipment facilitiesapparatus and paraphernalia used in the campaign$ Provided further That where the land water

or aircraft e7uipment facilities apparatus and paraphernalia used is owned b# the candidate hiscontributor or supporter the Commission is hereb# empowered to assess the amount

commensurate with the e!penses for the use thereof based on the prevailing rates in the localit#

and shall be included in the total e!penses incurred b# the candidate.

Section 1%1. +imitations upon expenses of political parties. - A dul# accredited political part#ma# spend for the election of its candidates in the constituenc# or constituencies where it has

official candidates an aggregate amount not e!ceeding the e7uivalent of one peso and fift#

centavos for ever# voter currentl# registered therein. E!penses incurred b# branches chapters or

committees of such political part# shall be included in the computation of the total e!pendituresof the political part#.

E!penses incurred b# other political parties shall be considered as e!penses of their respective

individual candidates and sub9ect to limitation under 3ection %(( of this Code.



Section 1%2. +a,ful expenditures. - To carr# out the ob9ectives of the preceding sections no

candidate or treasurer of a political part# shall directl# or indirectl# make an# e!penditure

e!cept for the following purposes$

4a5 <or travelling e!penses of the candidates and campaign personnel in the course of the

campaign and for personal e!penses incident thereto)

4b5 <or compensation of campaigners clerks stenographers messengers and other

persons actuall# emplo#ed in the campaign)

4c5 <or telegraph and telephone tolls postage freight and e!press deliver# charges)

4d5 <or stationer# printing and distribution of printed matters relative to candidac#)

4e5 <or emplo#ment of watchers at the polls)

4f5 <or rent maintenance and furnishing of campaign head7uarters office or place ofmeetings)

4g5 <or political meetings and rallies and the use of sound s#stems lights and decorationsduring said meetings and rallies)

4h5 <or newspaper radio television and other public advertisements)

4i5 <or emplo#ment of counsel the cost of which shall not be taken into account in

determining the amount of e!penses which a candidate or political part# ma# have

incurred under 3ection %(( and %(% hereof)

495 <or cop#ing and classif#ing list of voters investigating and challenging the right to

vote of persons registered in the lists the costs of which shall not be taken into account in

determining the amount of e!penses which a candidate or political part# ma# haveincurred under 3ections %(( and %(% hereof) or

4k5 <or printing sample ballots in such color si6e and ma!imum number as ma# be

authori6ed b# the Commission and the cost of such printing shall not be taken into

account in determining the amount of e!penses which a candidate or political part# ma#have incurred under 3ections %(( and %(% hereof.

Section 1%3. Persons aut$ori*ed to incur election expenditures. - =o person e!cept thecandidate the treasurer of a political part# or an# person authori6ed b# such candidate or

treasurer shall make an# e!penditure in support of or in opposition to an# candidate or political part#. E!penditures dul# authori6ed b# the candidate or the treasurer of the part# shall be

considered as e!penditures of such candidate or political part#.



The authorit# to incur e!penditures shall be in writing cop# of which shall be furnished the

Commission signed b# the candidate or the treasurer of the part# and showing the e!penditures

so authori6ed and shall state the full name and e!act address of the person so designated.

Section 1%. Pro$ibited donations by candidates' treasurers of parties or t$eir agents. - =o

candidate his or her spouse or an# relative within the second civil degree of consanguinit# oraffinit# or his campaign manager agent or representative shall during the campaign period on

the da# before and on the da# of the election directl# or indirectl# make an# donationcontribution or gift in cash or in kind or undertake or contribute to the construction or repair of

roads bridges school buses puericulture centers medical clinics and hospitals churches or

chapels cement pavements or an# structure for public use or for the use of an# religious or civicorgani6ation$ Provided That normal and customar# religious dues or contributions such as

religious stipends tithes or collections on 3unda#s or other designated collection da#s as well as

periodic pa#ments for legitimate scholarships established and school contributions habituall#made before the prohibited period are e!cluded from the prohibition.

The same prohibition applies to treasurers agents or representatives of an# political part#.

Section 1%!. Accounting by agents of candidate or treasurer. - Ever# person receiving

contributions or incurring e!penditures b# authorit# of the candidate or treasurer of the part#

shall on demand b# the candidate or treasurer of the part# and in an# event within five da#s afterreceiving such contribution or incurring such e!penditure render to the candidate or the treasurer

of the part# concerned a detailed account thereof with proper vouchers or official receipts.

Section 1%". !ecords of contributions and expenditures. -

4a5 2t shall be the dut# of ever# candidate treasurer of the political part# and person

acting under the authorit# of such candidate or treasurer to issue a receipt for ever#contribution received and to obtain and keep a receipt stating the particulars of ever#

e!penditure made.

4b5 Ever# candidate and treasurer of the part# shall keep detailed full and accuraterecords of all contributions received and e!penditures incurred b# him and b# those

acting under his authorit# setting forth therein all information re7uired to be reported.

4c5 Ever# candidate and treasurer of the part# shall be responsible for the preservation of

the records of contributions and e!penditures together with all pertinent documents forat least three #ears after the holding of the election to which the# pertain and for their

production for inspection b# the Commission or its dul# authori6ed representative orupon presentation of a subpoena duces tecum dul# issued b# the Commission. <ailure ofthe candidate or treasurer to preserve such records or documents shall be deemed prima

facie evidence of violation of the provisions of this Article.

Section 1%#. #tatement of contributions and expenditures. - Ever# candidate and treasurer of the

political part# shall not later than seven da#s or earlier than ten da#s before the da# of the



election file in duplicate with the office indicated in the following section full true and

itemi6ed statement of all contributions and e!penditures in connection with the election.

8ithin thirt# da#s after the da# of the election said candidate and treasurer shall also file induplicate a supplemental statement of all contribution and e!penditures not included in the

statement filed prior to the da# of the election.

Section 1%8. Place for filing statements. - The statements of contributions and e!penditures shall

be filed as follows$

4a5 Those of candidates for President and &ice-President with the Commission.

4b5 Those of candidates for +embers of the ,atasang Pambansa with the provincial

election supervisor concerned e!cept those of candidates in the =ational Capital egion

which shall be filed with the regional election director of said region.

4c5 Those of candidates for provincial offices with the provincial election supervisorconcerned.

4d5 Those of candidates for cit# municipal and baranga# offices with the election

registrar concerned.

2f the statement is sent b# mail it shall be b# registered mail and the date on which it was

registered with the post office ma# be considered as the filing date thereof if confirmed on thesame date b# telegram or radiogram addressed to the office or official with whom the statement

should be filed.

The provincial election supervisors and election registrars concerned shall within fifteen da#safter the last da# for the filing of the statements send to the Commission duplicate copies of all

statements filed with them.

Section 1%$. Form and contents of statement. - The statement shall be in writing subscribed and

sworn to b# the candidate or b# the treasurer of the part# shall be complete as of the date ne!t preceding the date of filing and shall set forth in detail 4a5 the amount of contribution the date of

receipt and the full name and e!act address of the person from whom the contribution was

received) 4b5 the amount of ever# e!penditure the date thereof the full name and e!act address

of the person to whom pa#ment was made and the purpose of the e!penditure) 4c5 an# unpaidobligation its nature and amount and to whom said obligation is owing) and 4d5 such other

particulars which the Commission ma# re7uire.

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

Section 11%. Preservation and inspection of statements. - All statements of contributions and

e!penditures shall be kept and preserved at the office where the# are filed and shall constitute

part of the public records thereof for three #ears after the election to which the# pertain. The#







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

Section 11$. Preparation of t$e permanent list of voters. - <or the preparation of the permanent

list of voters in nineteen hundred and ninet#-si! and ever# twelve #ears thereafter the board ofelection inspectors referred to in Article H2& hereof of each election precinct shall hold four

meetings on the seventh 3aturda# seventh 3unda# si!th 3aturda# and si!th 3unda# precedingthe date of the regular election to be held. At these meetings the board shall prepare eight copies

of the list of voters of the precinct wherein it shall register the electors appl#ing for registration.

Section 12%. Preparation of t$e list before ot$er regular elections. - <or the preparation of the

list before other regular elections the board of election inspectors of each election precinct shall

meet in the polling place on the seventh and si!th 3aturda#s before the da# of the election. Atthese meetings the board shall prepare and certif# eight copies of the list of voters of the

corresponding precinct transferring thereto the names of the voters appearing in the list used in

the preceding election and including therein such new 7ualified voters as ma# appl# for

registration as provided in 3ection %*B hereof.

Section 121. Preparation of t$e list before any special election' plebiscite or referendum. - <or

the preparation of the list of voters before a special election plebiscite or referendum the board

of elections inspectors of each election precinct shall hold a meeting in the polling place on the

second 3aturda# following the da# 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 newl# registered voters.

Section 122. Transfer of names of voters from t$e permanent list to t$e current one. - Thetransfer of the names of the voters of the precinct alread# registered in the list used in the

preceding election to the list to be made as provided for in the two preceding sections is a

ministerial dut# of the board and an# omission or error in cop#ing shall be corrected motu proprio or upon petition of the interested part# without dela# and in no case be#ond three da#sfrom the time such error is noticed) and if the board should refuse the interested part# ma# appl#

for such correction to the proper municipal or metropolitan trial court which shall decide the case

without dela# and in no case be#ond three da#s from the date the petition is filed. The decisionof the proper municipal 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 da# before the registration of voters to be returned afterthe last da# of registration.

Section 123. Cancellation and exclusion in t$e transfer of names. - 2n transferring the names of

the voters of the precinct from the list used in the preceding election to the current list the board

shall e!clude those who have applied for the cancellation of their registration those who havedied those who did not vote in the immediatel# preceding two successive regular elections those

who have been e!cluded b# court orders issued in accordance with the provisions of this Code

and those who have been dis7ualified upon motion of an# member of the board or of an# electoror watcher upon satisfactor# proof to the board and upon summons to the voter in cases of



dis7ualification. The motion shall be decided b# the board without dela# and in no case be#ond

three da#s from its filing. 3hould the board den# the motion or fail to act thereon within the

period herein fi!ed the interested part# ma# appl# for such e!clusion to the municipal ormetropolitan trial court which shall decide the petition without dela# and in no case be#ond three

da#s from the date the petition is filed. The decision of the court shall be final. The poll clerk

shall keep a record of these e!clusions and shall furnish three copies thereof to the electionregistrar who shall in turn keep one cop# and send the two other copies thereof to the provincial

election supervisor and the Commission to be attached b# them to the permanent list under their

custod#.

Section 12. )eeting to close t$e list of voters. - The board of election inspectors shall also meeton the second 3aturda# immediatel# preceding the da# of the regular election or on the second

da# immediatel# preceding the da# of the special election plebiscite or referendum whether it be

3unda# or a legal holida# for the purpose of making such inclusions e!clusions and correctionsas ma# be or ma# have been ordered b# the courts stating opposite ever# name so corrected

added or cancelled the date of the order and the court which issued the same) and for the

consecutive numbering of the voters of the election precinct.

3hould the board fail to include in the list of voters an# person ordered b# competent court to beso included said person shall upon presentation of a certified cop# of the order of inclusion and

upon proper identification be allowed b# the board to vote.

3hould the board fail to e!clude from the list of voters an# person ordered b# the court to be so

e!cluded the board shall not permit said person to vote upon presentation to it b# an# interested part# of a certified cop# of the order of e!clusion.

Section 12!. !e-registration. - A voter who is registered in the permanent list of voters need not

register anew for subse7uent elections unless he transfer residence to another cit# ormunicipalit# or his registration has been cancelled on the ground of dis7ualification and suchdis7ualification has been lifted or removed. ikewise a voter whose registration has been

cancelled due to failure to vote in the preceding regular election ma# register anew in the cit# or

municipalit# where he is 7ualified to vote.

Section 12". !egistration of voters. - On the seventh and si!th 3aturda#s before a regularelection or on the second 3aturda# following the da# of the proclamation calling for a new

special election plebiscite or referendum an# person desiring to be registered as a voter shall

accomplish in triplicate before the board of election inspectors a voter@s affidavit in which shall be stated the following data$

4a5 =ame surname middle name maternal surname)

4b5 ;ate and place of birth)

4c5 Citi6enship)

4d5 Periods of residence in the Philippines and in the place of registration)



4e5 E!act address with the name of the street and house number or in case there is none a

brief description of the localit# and the place)

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

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

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

legible prints of his left and right hand thumbmarks and shall be sworn to and filed together with

four copies of the latest identification photograph to be supplied b# the applicant.

The oath of the applicant shall include a statement that he does not have an# of thedis7ualifications of a voter and that he has not been previousl# registered in the precinct or in

an# other precinct.

,efore the applicant accomplishes his voter@s affidavit the board of election inspectors shall

appraise the applicant of the 7ualifications and dis7ualifications prescribed b# law for a voter. 2tshall also see to it that the accomplished voter@s affidavit contain all the data therein re7uired and

that the applicant@s specimen signatures the prints of his left and right hand thumbmarks and his

photograph are properl# affi!ed in each of the voter@s affidavit.

Section 12#. /lliterate or disabled applicants. - The voter@s affidavit of an illiterate or ph#sicall#disabled person ma# be prepared b# an# relative within the fourth civil degree of consanguinit#

of affinit# or b# an# member of the board of election inspectors who shall prepare the affidavit in

accordance with the data supplied b# the applicant.

Section 128. "oter0s identification. - The identification card issued to the voter shall serve and be

considered as a document for the identification of each registered voter$ Provided however That

if the voter@s identit# is challenged on election da# and he cannot present his voter identification

card his identit# ma# be established b# the specimen signatures the photograph or thefingerprints in his voter@s affidavit in the book of voters. =o e!tra or duplicate cop# of the voter

identification card shall be prepared and issued e!cept upon authorit# of the Commission.

Each identification card shall bear the name and the address of the voter his date of birth se!

civil status occupation his photograph thumbmark the cit# or municipalit# and number of the polling place where he is registered his signature his voter serial number and the signature of

the chairman of the board of election inspectors.

An# voter previousl# registered under the provisions of Presidential ;ecree =umbered %>'B whodesires to secure a voter identification card shall on an# registration da# provide four copies of

his latest identification photograph to the board of election inspectors which upon receipt thereof

shall affi! one cop# thereof to the voter@s affidavit in the book of voters one cop# to the voter

identification card to be issued to the voter and transmit through the election registrar one cop#



each to the provincial election supervisor and the Commission to be respectivel# attached to the

voter@s affidavit in their respective custod#.

Section 12$. Action by t$e board of election inspectors. - pon receipt of the voter@s affidavitthe board of election inspectors shall e!amine the data therein. 2f it finds that the applicant

possesses all the 7ualifications and none of the dis7ualifications of a voter he shall be registered.Otherwise he shall not be registered.

The name and address of each registered voter shall immediatel# upon his registration beentered in the proper alphabetical group in the list after which the voter identification card shall

be issued to the voter.

Section 13%. Provincial central file of registered voters. - There shall be a provincial central file

of registered voters containing the duplicate copies of all approved voter@s affidavits in each cit#and municipalit# in the province which shall be under the custod# and supervision of the

provincial election supervisor. The applications shall be compiled alphabeticall# b# precincts so

as to make the file an e!act replica of the book of voters in the possession of the electionregistrar.

3hould the book of voters in the custod# of the election registrar be lost or destro#ed at a time so

close to the election da# that there is no time to reconstitute the same the corresponding book of

voters in the provincial file shall be used during the voting.

Section 131. ational central file of registered voters. - There shall also be a national central fileor registered voters consisting of the triplicate copies of all approved voters@ affidavits in all

cities and municipalities which shall be prepared and kept in the central office of the

Commission. The applications in the national central file shall be compiled alphabeticall#

according to the surnames of the registered voters regardless of the place of registration.

Section 132. Preservation of voter0s affidavits. - A cop# of the affidavit of each voter shall be

kept b# the board of election inspectors until after the election when it shall deliver the same to

the election registrar together with the copies of the list of voters and other election papers foruse in the ne!t election. The election registrar shall compile the voter@s affidavits b# precinct

alphabeticall# in a book of voters. The other two copies shall be sent b# the board of election

inspectors on the da# following the date of the affidavit to the office of the provincial electionsupervisor and the Commission in +anila. The provincial election supervisor and the

Commission shall respectivel# file and preserve the voter@s affidavits b# cit# and municipalit#

and in alphabetical order of their surnames. The fourth cop# shall be given to the voter as

evidence of his registration.

Section 133. Columns in t$e list of voters. - The list of voters shall be arranged in columns as

follows$ 2n the first column there shall be entered at the time of closing of the list before the

election a number opposite the name of each voter registered beginning with number one andcontinuing in consecutive order until the end of the list. 2n the second column the surnames of

the registered voters shall be written in alphabetical order followed b# their respective first

names without abbreviations of an# kind. 2n the third column the respective residences of such



persons with the name of the street and number or in case there be none a brief description of

the localit# or place. 2n the fourth column shall be entered the periods of residence in the

Philippines and in the cit# or municipalit#. 2n the fifth column there shall be entered on the da#of the election the numbers of the ballots which were given successivel# to each voter. 2n the

si!th column the voter shall stamp on the da# of the election the mark of the thumb of his right

hand and under said mark his signature. And in the seventh column the signature of thechairman of the board of election inspectors who has handed the ballot to the voter. 2t will be

sufficient that the fifth si!th and seventh columns shall be filled in the cop# of the list under the

custod# of the board of election inspectors which shall see to it that the thumbmark is stamped plainl#.

Section 13. Certificate of t$e board of election inspectors in t$e list of voters. - pon the

ad9ournment of each meeting for the registration of voters the board of election inspectors shall

close each alphabetical group of surnames of voters b# writing the dates on the ne!t line in blank which shall be forthwith signed b# each member and before adding a new name on the

same page at the ne!t meeting it shall write the following$ "Added at the J J J meeting"

specif#ing if it is the second third or fourth meeting of the board as the case ma# be. 2f themeeting ad9ourned is the last one for the registration of voters the board shall besides closing

each alphabetical group of voters as above provided add at the end of the list a certificate 4a5 of

the corrections and cancellations made in the permanent list specif#ing them or that there has

been none and 4b5 of the total number of voters registered in the precinct.

Section 13!. Publication of t$e list. - At the first hour of the working da# following the last da#

of registration of voters the poll clerk shall deliver to the election registrar a cop# of the list

certified to b# the board of election inspectors as provided in the preceding section) another

cop# also certified shall be sent to the provincial election supervisor of the province andanother likewise certified shall be sent to the Commission in whose offices said copies shall be

open to public inspection during regular office hours. On the same da# and hour the poll clerkshall also post a cop# of the list in the polling place in a secure place on the door or near thesame at a height of a meter and a half where it ma# be convenientl# consulted b# the interested

parties. The chairman poll clerk and the two members of the board of election inspectors shall

each keep a cop# of the list which ma# be inspected b# the public in their residence or officeduring regular office hours. 2mmediatel# 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 numbering above referred to to be attached to thecop# of the list under their custod#.

Section 13". C$allenge of rig$t to register. - An# person appl#ing for registration ma# be

challenged before the board of election inspectors on an# registration da# be an# member voter

candidate or watcher. The board shall then e!amine the challenged person and shall receive suchother evidence as it ma# deem pertinent after which it shall decide whether the elector shall be

included in or e!cluded from the list as ma# be proper. All challenges shall be heard and decided

without dela# and in no case be#ond three da#s from the date the challenge was made.

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



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

<or the purpose of determining the right of applicants to be registered as voters in the list the

board of election inspectors shall have the same power to administer oaths to issue subpoena andsubpoena duces tecum and to compel witnesses to appear and testif# but the latter@s fees and

e!penses

incident to the process shall be paid in advance b# the part# in whose behalf the summons is

issued.

Section 138. 1urisdiction in inclusion and exclusion cases. - The municipal and metropolitan

trial courts shall have original and e!clusive 9urisdiction over all matters of inclusion and

e!clusion of voters from the list in their respective municipalities or cities. ;ecisions of themunicipal or metropolitan trial courts ma# be appealed directl# b# the aggrieved part# to the

proper regional trial court within five da#s from receipt of notice thereof otherwise said decision

of the municipal or metropolitan trial court shall become final and e!ecutor# after said period.

The regional trial court shall decide the appeal within ten da#s from the time the appeal was

received and its decision shall be immediatel# final and e!ecutor#. =o motion forreconsideration shall be entertained b# the courts.

Section 13$. Petition for inclusion of voters in t$e list. - An# person whose application for

registration has been disapproved b# the board of election inspectors or whose name has beenstricken out from the list ma# appl# within twent# da#s after the last registration da# to the

proper municipal or metropolitan trial court for an order directing the board of election

inspectors to include or reinstate his name in the list together with the certificate of the board ofelection inspectors regarding his case and proof of service of notice of his petition upon a

member of the board of election inspectors with indication of the time place and court before

which the petition is to be heard.

Section 1%. "oters excluded t$roug$ inadvertence or registered ,it$ an erroneous ormisspelled name. - An# voter registered in the permanent list who has not been included in the

list prepared for the election or who has been included therein with a wrong or misspelled name

shall have the right to file an application on an# date with the proper municipal or metropolitantrial court for an order directing that his name be reinstated in the list or that he be registered

with his correct name. 1e shall attach to such application a certified cop# of the entr# of his

name in the list of the preceding election together with proof that he has applied without successto the board of election inspectors and that he has served notice thereof upon a member of the

board.

Section 11. C$ange of name of registered voter. - An# previousl# registered voter whose name

has been changed b# reason of marriage or b# virtue of a court order ma# re7uest the board ofelection inspectors during an# of its meetings held under this Article that his registration in the

list be recorded under his or her new name.

Section 12. Petition for exclusion of voters from t$e list. - An# registered voter in a cit# or

municipalit# ma# appl# at an# time e!cept during the period beginning with the twent#-first da#after the last registration da# of an# election up to and including election da# with the proper



municipal or metropolitan trial court for the e!clusion of a voter 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 b# proof of notice to the board ofelection inspectors concerned if the same is dul# constituted and to the challenged voters.

Section 13. Common rules governing 2udicial proceedings in t$e matter of inclusion' exclusion'and correction of names of voters. -

4a5 Outside of regular office hours no petition for inclusion e!clusion or correction ofnames of voters shall be received.

4b5 =otices to the members of the board of election inspectors and to challenged voters

shall state the place da# and hour in which such petition shall be heard and such notice

ma# be made b# sending a cop# thereof b# registered mail or b# personal deliver# or b#leaving it in the possession of a person of sufficient discretion in the residence of the said

person or in the event that the foregoing procedure is not practicable b# posting a cop#

in a conspicuous place in the cit# hall or municipal building and in two other conspicuous places within the cit# or municipalit# at least ten da#s prior to the da# set for the hearing.

2n the interest of 9ustice and to afford the challenged voter ever# opportunit# to contest

the petition for e!clusion the court concerned ma# when the challenged voter fails to

appear in the first da# set for the hearing order that notice be effected in such manner andwithin such period of time as it ma# decide which time shall in no case be more than ten

da#s from the da# the respondent is first found in default.

4c5 Each petition shall refer to onl# one precinct.

4d5 =o costs shall be assessed in these proceedings. 1owever if the court should besatisfied that the application has been filed for the sole purpose of molesting the adverse part# and causing him to incur e!penses it ma# condemn the culpable part# to pa# the

costs and incidental e!penses.

4e5 An# candidate who ma# be affected b# the proceedings ma# intervene and present hisevidence.

4f5 The decision shall be based on the evidence presented. 2f the 7uestion is whether or

not the voter is real or fictitious his non-appearance on the da# set for hearing shall be

prima facie evidence that the registered voter is fictitious. 2n no case shall a decision be

rendered upon a stipulation of facts.

4g5 These applications shall be heard and decided without dela#. The decision shall be

rendered within si! hours after the hearing and within ten da#s from the date of its filing

in court. Cases appealed to the regional trial court shall be decided within ten da#s fromreceipt of the appeal in the office of the clerk of court. 2n an# case the court shall decide

these petitions not later than the da# before the election and the decision rendered thereon



shall be immediatel# final and e!ecutor# notwithstanding the provisions of 3ection %0>

on the finalit# of decisions.

Section 1. Canvass to c$ec& registration. - The election registrar shall once ever# two #earsor more often should the Commission deem it necessar# in order to preserve the integrit# of the

permanent lists of voters conduct verification b# mail or house-to-house canvass or both of theregistered voters of an# baranga# for purposes of e!clusion proceedings.

Section 1!. Annulment of permanent lists of voters. - An# book of voters not prepared inaccordance with the provisions of this Code or the preparation of which has been effected with

fraud briber# forger# impersonation intimidation force or an# other similar irregularit# or

which list is statisticall# improbable ma# upon verified petition of an# voter or election registraror dul# registered political part# and after notice and hearing be annulled b# the Commission$

Provided That no order ruling or decision annulling a book of voters shall be e!ecuted within

si!t# da#s before an election.

Section 1". !econstitution of lost or destroyed registration records. - The Commission shallreconstitute all registration records which have been lost or destro#ed. <or this purpose it shall

be the dut# of the election registrar to immediatel# report to the Commission an# case of loss or

destruction of approved applications for registration in their custod#. 3uch reconstitution shall be

made with the use of the corresponding copies in the national or provincial central files ofregistered voters$ Provided That if this is not feasible the registered voter concerned ma# be

summoned b# the election registrar to effect such reconstitution b# accomplishing a new

application. econstituted forms shall be clearl# marked with the word "reconstituted".

The reconstitution of an# lost or destro#ed application for registration shall not affect the

criminal liabilit# of an# person or persons who ma# be responsible for such loss or destruction.

Section 1#. Examination of registration records. - All registration records in the possession of

the cit# or municipal election registrar the provincial election supervisor and the Commissionshall during regular office hours be open to e!amination b# the public with legitimate in7uiries

for purposes of election.

aw enforcement agencies shall upon prior authori6ation b# the Commission have access to

said registration records should the same be necessar# to or in aid of their investigativefunctions and duties sub9ect to regulations promulgated b# the Commission.

Section 18. +ist of voters. - <ifteen da#s before the date of the regular election or special

election referendum or plebiscite the board of election inspectors must post the final list ofvoters in each precinct with each and ever# page thereof dul# signed or subscribed and sworn to b# the members of the board of election inspectors and that failure to compl# with this provision

will constitute an election offense.

An# candidate or authori6ed representative of an accredited political part# upon formal re7uest

made to an election registrar shall be entitled to a certified cop# of the most recent list of voters



in an# precinct municipalit# cit# or province upon pa#ment of a reasonable fee as ma# be

prescribed b# the Commission.

ARTICLE 'III

PRECINCTS AND POLLING PLACES

Section 1$. Precincts and t$eir establis$ment. - The unit of territor# for the purpose of voting is

the election precinct and ever# baranga# as of the approval of this Act shall have at least one

such precinct.

The Commission shall establish all election precincts.

The precincts actuall# established in the preceding regular election shall be maintained but the

Commission ma# introduce such ad9ustments changes or new divisions or abolish them if

necessar#$ Provided however That the territor# comprising an election precinct shall not be

altered or a new precinct established within fort#-five da#s before a regular election and thirt#

da#s before a special election or a referendum or plebiscite.

Section 1!%. Arrangements of election precincts. -

4a5 Each election precinct shall have as far as possible not more than three hundred

voters and shall comprise as far as practicable contiguous and compact territor#.

4b5 8hen it appears that an election precinct contains more than three hundred voters theCommission shall in the interest of orderl# election and in order to facilitate the casting

of votes be authori6ed to divide a precinct not later than one week after the last da# of

registration of voters. ,ut the polling place of all the precincts created thereb# shall be

located in the same building or compound where the polling place of the original precinctis located and if this be not feasible in a place as close as possible to the polling place of

the original precinct$ Provided however That the polling place of the new precinct ma# be located elsewhere upon written petition of the ma9orit# of the voters of the new

precinct$ Provided further That when a precinct is divided into two or more precincts

the registered voters shall be included in the precinct wherein the# reside. Ever# case ofalteration of a precinct shall be dul# published b# posting a notice of an# change in

conspicuous location in the precinct and in the municipal building or cit# hall as the

case ma# be.

4c5 A municipalit# which has been merged with another municipalit# shall constitute at

least one election precinct if the distance between the remotest baranga# of the mergedmunicipalit# and the nearest polling place in the municipalit# to which it has been

merged shall b# the shortest road e!ceed five kilometers.

4d5 An island or group of islands having one hundred and fift# or more voters shallconstitute a precinct.



4e5 An# alteration of the election precincts or the establishment of new ones shall be

communicated to the provincial election supervisor the provincial superintendent of

schools etc. together with the corresponding maps which shall be published as prescribed in the ne!t succeeding sections.

Section 1!1. Publication of maps or precincts. - At least five da#s before the first registrationda# preceding a regular election or special election or a referendum or a plebiscite the

Commission shall through its dul# authori6ed representative post in the cit# hall or municipal building and in three other conspicuous places in the cit# or municipalit# and on the door of each

polling place a map of the cit# or municipalit# showing its division into precincts with their

respective boundaries and indicating therein all streets and alle#s in populous areas and thelocation of each polling place.

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

Section 1!2. Polling place. - A polling place is the building or place where the board of election

inspectors conducts its proceedings and where the voters shall cast their votes.

Section 1!3. Designation of polling places. - The location of polling places designated in the preceding regular election shall continue with such changes as the Commission ma# find

necessar# after notice to registered political parties and candidates in the political unit affected

if an# and hearing$ Provided That no location shall be changed within fort#-five da#s before aregular election and thirt# da#s before a special election or a referendum or plebiscite e!cept in

case it is destro#ed or it cannot be used.

Section 1!. !euirements for polling places. - Each polling place shall be as far as practicable

a ground floor and shall be of sufficient si6e to admit and comfortabl# accommodate fort# voters

at one time outside the guard rail for the board of election inspectors. The polling place shall belocated within the territor# of the precinct as centrall# as possible with respect to the residence of

the voters therein and whenever possible such location shall be along a public road. =odesignation of polling places shall be changed e!cept upon written petition of the ma9orit# of the

voters of the precinct or agreement of all the political parties or b# resolution of the Commission

upon prior notice and hearing.

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

Section 1!!. %uilding t$at s$all not be used as polling places. - =o polling place shall be located

in a public or private building owned leased or occupied b# an# candidate or of an# person whois related to an# candidate within the fourth civil degree of consanguinit# or affinit# or an#officer of the government or leader of an# political part# group or faction nor in an# building or

surrounding premises under the actual control of a private entit# political part# or religious

organi6ation. 2n places where no suitable public building is available private school buildingsma# be used as polling places. =o polling place shall be located within the perimeter of or inside

a militar# or police camp or reservation or within a prison compound.



An# registered voter candidate or political part# ma# petition the Commission not later than

thirt# da#s before the first registration da# for the transfer of the polling place from the

prohibited buildings provided herein. 3uch petition shall be heard and decided b# theCommission within twent# da#s from the filing of the petition. <ailure to effect the transfer of

the polling place after the Commission found it to be located in violation of this section within

the period prescribed herein shall be a ground for the postponement of the election in the polling place concerned.

Section 1!". #igns and flags of polling places. - On the da# of the voting as well as on an# da#

that the board of election inspectors might meet ever# polling place shall have in front a sign

showing the number of the precinct to which it belongs and the Philippine flag shall be hoisted atthe proper height.

Section 1!#. Arrangement and contents of polling places. - Each polling place shall conform as

much as possible to the sketch on the following page.

Section 1!8. "oting boot$. - ;uring the voting there shall be in each polling place a booth forever# twent# voters registered in the precinct. Each booth shall be open on the side fronting the

table for the board of election inspectors and its three sides shall be closed with walls at least

sevent# centimeters wide and two meters high. The upper part shall be covered if necessar# to

preserve the secrec# of the ballot. Each booth shall have in the background a shelf so placed thatvoters can write therein while standing and shall be kept clearl# lighted b# artificial lights if

necessar# during the voting.

The Commission shall post inside each voting booth and elsewhere in the polling place on theda# before the election referendum and plebiscite a list containing the names of all the

candidates or the issues or 7uestions to be voted for and shall at all times during the voting

period keep such list posted in said places.

Section 1!$. 3uard rails. -

4a5 2n ever# polling place there shall be a guard rail between the voting booths and thetable for the board of election inspectors which shall have separate entrance and e!it. The

booths shall be so arranged that the# can be accessible onl# b# passing through the guard

rail and b# entering through its open side facing the table of the board of electioninspectors.

4b5 There shall also be a guard rail for the watchers between the place reserved for them

and the table for the board of election inspectors and at a distance of not more than fift#centimeters from the latter so that the watchers ma# see and read clearl# during thecounting of the contents of the ballots and see and count the votes recorded b# the board

of election inspectors member on the corresponding tall# sheets.

4c5 There shall also be if possible guard rails separating the table of the board of election

inspectors from the voters waiting for their turn to cast their votes with entrance and e!itto give them orderl# access to the table and the booths during the voting.



4d5 The polling place shall be so arranged that the booths the table the ballot bo!es and

the whole polling place e!cept what is being written within the booths shall be in plain

view of the board of election inspectors the watchers and other persons who ma# bewithin the polling place.

Section 1"%. %allot boxes. -

4a5 There shall be in each polling place on the da# of the voting a ballot bo! one side of

which shall be transparent which shall be set in a manner visible to the voting publiccontaining two compartments namel# the compartment for valid ballots which is

indicated b# an interior cover painted white and the compartment for spoiled ballots

which is indicated b# an interior cover painted red. The bo!es shall be uniformthroughout the Philippines and shall be solidl# constructed and shall be closed with three

different locks as well as three numbered securit# locks and such other safet# devices as

the Commission ma# prescribe in such a wa# that the# can not be opened e!cept b#

means of three distinct ke#s and b# destro#ing such safet# devices.

4b5 2n case of the destruction or disappearance of an# ballot bo! on election da# the

board of election inspectors shall immediatel# report it to the cit# or municipal treasurer

who shall furnish another bo! or receptacle as e7uall# ade7uate as possible. The election

registrar shall report the incident and the deliver# of a new ballot bo! b# the fastestmeans of communication on the same da# to the Commission and to the provincial

election supervisor.

Section 1"1. Tally boards. - At the beginning of the counting there shall be placed within the plain view of the board of election inspectors watchers and the public a tall# board where the

names of all the registered candidates or the issues or 7uestions to be voted upon shall be written

and the poll clerk shall record thereon the votes received b# each of them as the chairman of the board of election inspectors reads the ballot.

Section 1"2. Furnis$ing of ballot boxes' forms' stationeries and materials for election. - The

Commission shall prepare and furnish the ballot bo!es forms stationeries and materials

necessar# for the registration of voters and the holding of the election.

The provincial cit# and municipal treasurer shall have custod# of such election paraphernaliasupplies and materials as are entrusted to him under the law or rules of the Commission and shall

be responsible for their preservation and storage and for an# loss destruction impairment or

damage of an# election e7uipment material or document in their possession furnished under this

Code.

Section 1"3. /nspection of polling places. - ,efore the da# of the election referendum or

plebiscite the Chairman of the Commission shall through its authori6ed representatives see to it

that all polling places are inspected and such omissions and defects as ma# be found corrected.The Commission shall keep the reports on these inspections.



ARTICLE 'IV

BOARD OF ELECTION INSPECTORS

Section 1". Composition and appointment of board of election inspectors. - At least thirt# da#s before the date when the voters list is to be prepare in accordance with this Code in the case of a

regular election or fifteen da#s before a special election the Commission shall directl# orthrough its dul# authori6ed representatives constitute a board of election inspectors for each

precinct to be composed of a chairman and a poll clerk who must be public school teachers priorit# to be given to civil service eligibles and two members each representing the two

accredited political parties. The appointment shall state the precinct to which the# are assigned

and the date of the appointment.

Section 1"!. Oat$ of t$e members of t$e board of election inspectors. - The members of the

board of election inspectors whether permanent substitute or temporar# shall before assuming

their office take and sign an oath upon forms prepared b# the Commission before an officer

authori6ed to administer oaths or in his absence before an# other member of the board of

election inspectors present or in case no one is present the# shall take it before an# voter. Theoaths shall be sent immediatel# to the cit# or municipal treasurer.

Section 1"". ualification of members of t$e board of election inspectors. - =o person shall be

appointed chairman member or substitute member of the board of election inspectors unless heis of good moral character and irreproachable reputation a registered voter of the cit# or

municipalit# has never been convicted of an# election offense or of an# other crime punishable

b# more than si! months of imprisonment or if he has pending against him an information foran# election offense. 1e must be able to speak and write English or the local dialect.

Section 1"#. Disualification. - =o person shall serve as chairman or member of the board of

election inspectors if he is related within the fourth civil degree of consanguinit# or affinit# toan# member of the board of election inspectors or to an# candidate to be voted for in the polling place or his spouse.

Section 1"8. Po,ers of t$e board of election inspectors. - The board of election inspectors shall

have the following powers and functions$

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

b. Act as deputies of the Commission in the supervision and control of the election in the polling places wherein the# are assigned to assure the holding of the same in a free

orderl# and honest manner) and

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

promulgated b# the Commission.

Section 1"$. "oting privilege of members of board of election inspectors. - +embers of the

board of election inspectors and their substitutes ma# vote in the polling place where the# are

assigned on election da#$ Provided That the# are registered voters within the province cit# or



municipalit# where the# are assigned$ and Provided finall# That their voting in the polling

places where the# are not registered voters be noted in the minutes of the board of election

inspectors.

Section 1#%. !elief and substitution of members of t$e board of election inspectors. - Public

school teachers who are members of the board of election inspectors shall not be relieved nordis7ualified from acting as such members e!cept for cause and after due hearing.

An# member of the board of election inspectors nominated b# a political part# as well as hissubstitute ma# at an# time be relieved from office and substituted with another having the legal

7ualifications upon petition of the authori6ed representative of the part# upon whose nomination

the appointment was made and it shall be unlawful to prevent said person from or disturb himin the performance of the duties of the said office. A record of each case of substitution shall be

made setting forth therein the hour in which the replaced member has ceased in the office and

the status of the work of the board of election inspectors. 3aid record shall be signed b# each

member of the board of election inspectors including the incoming and outgoing officers.

Section 1#1. "acancy in t$e board of election inspectors. - Ever# vacanc# in the board of

election inspectors shall be filled for the remaining period in the manner hereinbefore prescribed.

Section 1#2. Proceedings of t$e board of election inspectors. - The meetings of the board of

election inspectors shall be public and shall be held onl# in the polling place authori6ed b# theCommission.

The board of election inspectors shall have full authorit# to maintain order within the polling

place and its premises to keep access thereto open and unobstructed and to enforce obedience to

its lawful orders. 2f an# person shall refuse to obe# lawful orders of the board of election

inspectors or shall conduct himself in a disorderl# manner in its presence or within its hearingand thereb# interrupt or disturb its proceedings the board of election inspectors ma# issue an

order in writing directing an# peace officer to take such person into custod# until thead9ournment of the meeting but such order shall not be e!ecuted as to prevent an# person so

taken into custod# from e!ercising his right to vote. 3uch order shall be e!ecuted b# an# peace

officer to whom it ma# be delivered but if none be present b# an# other person deputi6ed b# the

board of election inspectors in writing.

Section 1#3. Pro$ibition of political activity. - =o member of the board of election inspectors

shall engage in an# partisan political activit# or take part in the election e!cept to discharge his

duties as such and to vote.

Section 1#. Functioning of t$e board of election inspectors. - The board of election inspectorsshall act through its chairman and shall decide without dela# b# ma9orit# vote all 7uestions

which ma# arise in the performance of its duties.

Section 1#!. Temporary vacancies. - 2f at the time of the meeting of the board of election

inspectors an# member is absent or the office is still vacant the members present shall callupon the substitute or the absent members to perform the duties of the latter) and in case such



substitute cannot be found the members present shall appoint an# non-partisan registered voter

of the polling place to temporaril# fill said vacanc# until the absent member appears or the

vacanc# is filled. 2n case there are two or more members present the# shall act 9ointl#$ ProvidedThat if the absent member is one who has been proposed b# an accredited political part# the

representative of said political part# or in his absence the watchers belonging to said part# shall

designate a registered voter of the polling place to temporaril# fill said vacanc#$ Providedfurther That in the event or refusal or failure of either representative or watchers of said political

part# to make the designation the members of the board of election inspectors present shall

choose a non-partisan registered voter of the polling place to fill the vacanc#.

Section 1#". Temporary designation of members of t$e board of election inspectors by ,atc$ers.- 2f 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

present ma# designate voters of the polling place to act in the place of said members until theabsentees shall appear or the vacancies are filled.

Section 1##. Arrest of absent members. - The member or members of the board of electioninspectors present ma# order the arrest of an# other member or substitute thereof who in their

9udgment has absented himself with intention of obstructing the performance of duties of the board of election inspectors.

ARTICLE 'V

(ATCHERS

Section 1#8. Official ,atc$ers of candidates. - Ever# registered political part# coalition of political parties and ever# independent candidate shall each be entitled to one watcher in ever#

polling place.

=o person shall be appointed watcher unless he is a 7ualified voter of the cit# or municipalit# of

good reputation and shall not have been convicted b# final 9udgment of an# election offense or ofan# other crime must know how to read and write Pilipino English 3panish or an# of the

prevailing local dialects and not related within the fourth civil degree of consanguinit# or

affinit# to the chairman or an# member of the board of election inspectors in the polling place

where he seeks appointment as a watcher.

Each candidate political part# or coalition of political parties shall designate in ever# province

highl# urbani6ed cit# or district in the +etropolitan +anila area a representative authori6ed to

appoint watchers furnishing the provincial election supervisor or the cit# election registrar as

the case ma# be the names of such representatives. The provincial election supervisors shallfurnish the municipal election registrars and election registrars of component cities with the list

of such representatives.

2n the case of +etropolitan +anila the designation of the persons authori6ed to appoint watchersshall be filed with the Commission which shall furnish the list of such representatives to the

respective cit# and municipal election registrars.



Section 1#$. !ig$ts and duties of ,atc$ers. - pon entering the polling place the watchers shall

present and deliver to the chairman of the board of election inspectors his appointment and

forthwith his name shall be recorded in the minutes with a notation under his signature that he isnot dis7ualified under the second paragraph of 3ection %?>. The appointments of the watchers

shall bear the personal signature or the facsimile signature of the candidate or the dul# authori6ed

representatives of the political part# or coalition of political parties who appointed him or oforgani6ations authori6ed b# the Commission under 3ection %>(. The watchers shall have the

right to sta# in the space reserved for them inside the polling place. The# shall have the right to

witness and inform themselves of the proceedings of the board of election inspectors includingits proceedings during the registration of voters to take notes of what the# ma# see or hear to

take photographs of the proceedings and incidents if an# during the counting of votes as well

as of election returns tall# boards and ballot bo!es to file a protest against an# irregularit# or

violation of law which the# believe ma# have been committed b# the board of election inspectorsor b# an# of its members or b# an# persons to obtain from the board of election inspectors a

certificate as to the filing of such protest andIor of the resolution thereon to read the ballots after

the# shall have been read b# the chairman as well as the election returns after the# shall have

been completed and signed b# the members of the board of election inspectors without touchingthem but the# shall not speak to an# member of the board of election inspectors or to an# voter

or among themselves in such a manner as would distract the proceedings and to be furnishedwith a certificate of the number of votes in words and figures cast for each candidate dul# signed

and thumbmarked b# the chairman and all the members of the board of election inspectors.

efusal of the chairman and the members of the board of election inspectors to sign and furnishsuch certificate shall constitute an election offense and shall be penali6ed under this Code.

Section 18%. Ot$er ,atc$ers. - The dul# accredited citi6ens arm of the Commission shall be

entitled to appoint a watcher in ever# polling place. Other civic religious professional business

service #outh and an# other similar organi6ations with prior authorit# of the Commission shall

be entitled collectivel# to appoint one watcher in ever# polling place.

ARTICLE 'VI

OFFICIAL BALLOTS AND ELECTION RETURNS

Section 181. Official ballots. - ,allots for national and local offices shall be of uniform si6e and

color and shall be provided at public e!pense. The# shall be printed on paper with watermarks orother marks that will readil# distinguish the ballot paper from ordinar# paper. Each ballot shall

be in the shape of a strip with stub and detachable coupon containing the serial number of the

ballot and a space for the thumbmark of the voter on the detachable coupon. 2t shall bear at thetop on the middle portion thereof the coat of arms of the epublic of the Philippines the words

"Official ,allot" the name of the cit# or the municipalit# and province in which the election is

held the date of the election and the following notice$ "<ill out this ballot secretl# inside thevoting booth. ;o not put an# distinctive mark on an# part of this ballot."

The ballot shall also contain the names of all the offices to be voted for in the election allowing

opposite the name of each office sufficient space or spaces with hori6ontal lines where the voter

ma# write the name or names of the individual candidates voted for b# him.



There shall not be an#thing on the reverse side of the ballot.

,allots in cities and municipalities where Arabic is of general use shall have each of the titles of

offices to be voted printed in Arabic in addition to and immediatel# below the English title.

=otwithstanding the preceding provisions of this section the Commission is hereb# empoweredto prescribe a different form of ballot to facilitate voting b# illiterate voters and to use or adopt

the latest technological and electronic devices as authori6ed under paragraph 4i5 of 3ection /*

hereof.

Section 182. Emergency ballots. - =o ballots other than the official ballots shall be used orcounted e!cept in the event of failure to receive the official ballots on time or where there are

no sufficient ballots for all registered voters or where the# are destro#ed at such time as shall

render it impossible to provide other official ballots in which cases the cit# or municipaltreasurer shall provide other ballots which shall be as similar to the official ones as

circumstances will permit and which shall be uniform within each polling place. The treasurer

shall immediatel# report such action to the Commission.

The municipal treasurer shall not undertake the preparation of the emergenc# ballots unless the political parties candidates and the organi6ations collectivel# authori6ed b# the Commission to

designate watchers have been sufficientl# notified to send their representatives and have agreed

in writing to the preparation and use of emergenc# ballots.

Section 183. !euisition of official ballots and election returns. - Official ballots and electionreturns shall be printed upon orders of the Commission. e7uisition of official ballots shall be

for each cit# and municipalit# at the rate of one and one-fifth ballots for ever# registered voter in

the ne!t preceding election) and for election returns at one set thereof for ever# polling place.

Section 18. Printing of official ballots and elections returns. - The official ballots and electionreturns shall be printed b# the :overnment Printing Office andIor the Central ,ank printing

facilities e!clusivel# under the e!clusive supervision and control of the Commission which shall

determine and provide the necessar# securit# measures in the printing storage and distributionthereof.

Each ballot shall be 9oined b# a perforated line to a stub numbered consecutivel# beginning with

number "%" in each cit# and municipalit#. Each ballot shall also have at the bottom a detachable

coupon bearing the same number of the stub. Each pad of ballots shall bear on its cover the nameof the cit# or municipalit# in which the ballots are to be used and the inclusive serial numbers of

the ballots contained therein.

The official ballots shall be bound in separate pads of fift# or one hundred ballots each as ma# be

re7uired.

The election returns shall be prepared in sets of si! copies per set and shall be numbered

consecutivel# beginning with number "%" in each cit# and municipalit#. 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 clearl# reproduced on the other copies thereof and shall bear the name of the cit# or

municipalit# in which the returns are to be used. <or this purposes the Commission shall

ac7uire if necessar# a special kind of carbon paper or chemicall# treated paper.

Section 18!. #ample official ballots. - The Commission shall provide the board of election

inspectors with sample official ballots at the rate of thirt# ballots per polling place. The sampleofficial ballots shall be printed on colored paper in all respects like the official ballots but

bearing instead the words "3ample Official ,allot" to be shown to the public and used indemonstrating how to fill out and fold the official ballots properl#. =o name of an# actual

candidate shall be written on the spaces for voting on the sample official ballots provided b# the

Commission nor shall the# be used for voting.

Section 18". Distribution of official ballots and election returns. - The official ballots and the

election returns shall be distributed b# the Commission to each cit# and municipalit# at the rate

of one and one-fifth ballots for ever# voter registered in each polling place) and for election

returns at the rate of one set each for ever# polling place.

The provincial cit# or municipal treasurer shall respectivel# keep a record of the 7uantit# and

serial numbers of official ballots and election returns furnished the various provinces cities

municipalities and polling places as the case ma# be legible copies of which record shall be

furnished the dul# authori6ed provincial cit# or municipal representatives of the ruling part# andthe dominant opposition part# and the Commission immediatel# after the distribution is made of

such official ballots and election returns.

The Commission shall prescribe the use of official deliver# receipts to be signed b# the electionregistrar and the chairman of the board of canvassers upon receipt of the election returns.

=o official ballots or election returns shall be delivered to the board of election inspectors earlierthan the first hour of election da#$ Provided however That the Commission after written notice

to the registered political parties and the candidates ma# for 9ustifiable reasons authori6e thedeliver# of said official ballots and election returns to the board of election inspectors of an#

particular polling place at an earlier date.

Section 18#. Committee on printing' storage' and distribution of official ballots and election

returns. - The Commission shall appoint a committee of five members two of whom shall befrom among its personnel the third to be designated b# the Commission on Audit and the last

two to be designated b# the ruling part# and the dominant opposition part# to act as its

representatives in supervising the printing storage and distribution of official ballots and election

returns.

pon the re7uest of an# candidate political part# or of civic religious professional business

service #outh or an# similar organi6ations collectivel# designated b# the Commission the latter

shall allow an# person designated b# an# of the former as watcher to observe the proceedings ofthe committee on the printing of official ballots and election returns file ob9ections if an#

witness the printing and distribution of the ballots and the returns and guard the premises of the

printer.



Section 188. Duties of t$e committee on printing of official ballots and election returns. - nder

such orders or instructions as the Commission ma# issue and in addition to general supervision

and control over the printing and shipment of official ballots and election returns the committeeon printing of official ballots and election returns shall 4a5 take charge of the room or rooms

where the paper and paraphernalia used in the printing of official ballots and election returns are

stored and where printed official ballots and election returns are packed and prepared forshipment 4b5 supervise all aspects relating to the printing storage and shipment of official

ballots and election returns and report to the Commission an# irregularit# which the# believe

ma# have been committed and 4c5 perform such other related functions as the Commission ma#direct.

Section 18$. !epresentatives of t$e registered political parties in t$e verification and

distribution of official ballots and election returns. - The ruling part# and the dominant

opposition part# or their respective dul# authori6ed representatives in the different provincescities and municipalities shall submit the names of their respective watchers who together with

the representatives of the Commission and the provincial cit# and municipal treasurer shall

verif# the contents of the bo!es containing the shipment of official ballots election returns andsample official ballots received b# the said treasurers. The provincial treasurers shall keep a

record of their receipt and distribution to each municipal treasurer while the cit# and municipal

treasurer shall each keep a record of their distribution to the board of election inspectors.

ARTICLE 'VII

CASTING OF VOTES

Section 1$%. "oting $ours. - The casting of votes shall start at seven o@clock in the morning and

shall end at three o@clock in the afternoon e!cept when there are voters present within thirt#

meters in front of the polling place who have not #et cast their votes in which case the voting

shall continue but onl# to allow said voters to cast their votes without interruption. The poll clerkshall without dela# prepare a complete list containing the names of said voters consecutivel#

numbered and the voters so listed shall be called to vote b# announcing each name repeatedl#three times in the order in which the# are listed. An# voter in the list who is not present when his

name is called out shall not be permitted to vote.

Section 1$1. Preliminaries to t$e voting. -

4a5 The board of election inspectors shall meet at the polling place at si!-thirt# o@clock in

the morning of election da# and shall have the book of voters containing all the approvedapplications of registration of voters pertaining to the polling place the certified list of

voters the certified list of candidates the ballot bo! the official ballots sufficient

indelible pencils or ball pens for the use of the voters the forms to be used and all othermaterials which ma# be necessar#.

4b5 2mmediatel# thereafter the chairman of the board of election inspectors shall open the

ballot bo! empt# both of its compartments e!hibit them to all those present and being

empt# lock its interior covers with three padlocks.



4c5 The chairman shall forthwith show to the public and the watchers present the package

of official ballots received from the cit# or municipal treasurer dul# wrapped and sealed

and the number of pads the serial numbers and the t#pe forms of the ballots in each padappearing on the cover and the book of voters dul# 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 enter in the minutes the fact that the package of ballots and the book of voters were shown to the public with their wrapping

and corresponding seals intact andIor if the# find that the wrapping and seals are broken

such fact must be stated in the minutes as well as the number of pads and the serialnumbers of ballots that the# find in the package.

,allots with separatel# printed serial numbers shall be deemed spurious and shall not be

utili6ed b# the board of election inspectors unless the Commission representative shall

order their use in writing stating the reasons therefor.

4d5 The chairman and the two part# members of the board of election inspectors shall

retain in their possession their respective ke#s to the padlocks during the voting.

4e5 The bo! shall remain locked until the voting is finished and the counting begins.

1owever if it should become necessar# to make room for more ballots the board of

election inspectors ma# open the bo! in the presence of the whole board of electioninspectors and the watchers and the chairman shall press down with his hands the ballots

contained therein without removing an# of them after which the board of election

inspectors shall close the bo! and lock it with three padlocks as hereinbefore provided.

Section 1$2. Persons allo,ed in and around t$e polling place. - ;uring the voting no person

shall be allowed inside the polling place e!cept the members of the board of election inspectors

the watchers the representatives of the Commission the voters casting their votes the voterswaiting for their turn to get inside the booths whose number shall not e!ceed twice the number of booths and the voters waiting for their turn to cast their votes whose number shall not e!ceed

twent# at an# one time. The watchers shall sta# onl# in the space reserved for them it being

illegal for them to enter places reserved for the voters or for the board of election inspectors or tomingle and talk with the voters within the polling place.

2t shall be unlawful for an# officer or member of the Armed <orces of the Philippines including

the Philippine Constabular# or the 2ntegrated =ational Police or peace officer or an# armed

person belonging to an# e!tra-legal police agenc# special forces reaction forces strike forceshome defense units baranga# tanod or other similar forces or para-militar# forces including

special forces securit# guards special policeman and all other kinds of armed or unarmed e!tra-

legal police officers to enter an# polling place unless it is his polling place where he will vote but in such case he should immediatel# leave the polling place no policeman or peace officer

shall be allowed to enter or sta# inside the polling place e!cept when there is an actual

disturbance of the peace and order therein. 1owever the board of election inspectors uponma9orit# vote if it deems necessar# ma# make a call in writing dul# entered in the minutes for

the detail of a policeman or an# peace officer for their protection or for the protection of the

election documents and paraphernalia in which case the said policeman or peace officer shall



sta# outside the polling place within a radius of thirt# meters near enough to be easil# called b#

the board of election inspectors at an# time but never at the door and in no case shall the said

policeman or peace officer hold an# conversation with an# voter or disturb or prevent or in an#manner obstruct the free access of the voters to the polling place. 2t shall likewise be unlawful for

an# baranga# official to enter and sta# inside an# polling place e!cept to vote or e!cept when

serving as a watcher or member of the board of election inspectors in which case he shall leavethe polling place immediatel# after voting.

Section 1$3. Order of voting. - The voters shall vote in the order of their entrance into the

polling place. The voters shall have the right to freel# enter the polling place as soon as the#

arrive unless there are voters waiting inside in which case the# shall fall in line in the order oftheir arrival and shall not crowd around the table of the board of election inspectors. The voters

after having cast their votes shall immediatel# depart.

Section 1$. )anner of obtaining ballots. - The voter shall approach the chairman and shall give

his name and address together with other data concerning his person. 2n case an# member of the

board of election inspectors doubts the identit# of the voter the board of election inspectors shallcheck his voter@s identification card or if he does not have an# the board of election inspectors

shall refer to his photograph and signature in the voter@s application for registration. 2f the boardof election inspectors is satisfied with his identit# the chairman shall distinctl# announce the

voter@s name in a tone loud enough to be plainl# heard throughout the polling place. 2f such voter

has not been challenged or if having been challenged the 7uestion has been decided in his favorthe voter shall forthwith affi! his signature in the proper space in the voting record and the

chairman shall after first entering the number of the ballot in the corresponding space of the

voting record deliver to the voter one ballot correctl# folded. =o person other than the chairman

shall deliver official ballots nor shall more than one ballot be delivered at one time.

Section 1$!. )anner of preparing t$e ballot. - The voter upon receiving his folded ballot shallforthwith proceed to one of the empt# voting booths and shall there fill his ballot b# writing in

the proper space for each office the name of the individual candidate for whom he desires tovote.

=o voter shall be allowed to enter a booth occupied b# another nor enter the same accompanied

b# somebod# e!cept as provided for in the succeeding section hereof nor sta# therein for a

longer time than necessar# nor speak with an#one other than as herein provided while inside the polling place. 2t shall be unlawful to prepare the ballot outside the voting booth or to e!hibit its

contents to an# person or to erase an# printing from the ballot or to intentionall# tear or deface

the same or put thereon an# distinguishing mark. 2t shall likewise be unlawful to use carbon

paper paraffin paper or other means for making a cop# of the contents of the ballot or make useof an# other means to identif# the vote of the voter.

Section 1$". Preparation of ballots for illiterate and disabled persons. - A voter who is illiterate

or ph#sicall# unable to prepare the ballot b# himself ma# be assisted in the preparation of his ballot b# a relative b# affinit# or consanguinit# within the fourth civil degree or if he has none

b# an# person of his confidence who belong to the same household or an# member of the board

of election inspectors e!cept the two part# members$ Provided That no voter shall be allowed to



vote as illiterate or ph#sicall# disabled unless it is so indicated in his registration record$

Provided further That in no case shall an assistor assist more than three times e!cept the non-

part# members of the board of election inspectors. The person thus chosen shall prepare the ballot for the illiterate or disabled voter inside the voting booth. The person assisting shall bind

himself in a formal document under oath to fill out the ballot strictl# in accordance with the

instructions of the voter and not to reveal the contents of the ballot prepared b# him. &iolation ofthis provision shall constitute an election offense.

Section 1$#. #poiled ballots. - 2f a voter should accidentall# spoil or deface a ballot in such a

wa# that it cannot lawfull# be used he shall surrender if folded to the chairman who shall note in

the corresponding space in the voting record that said ballot is spoiled. The voter shall then beentitled to another ballot which the chairman shall give him after announcing the serial number

of the second ballot and recording said serial number in the corresponding spaces in the voting

record. 2f the second ballot is again spoiled or defaced in such a wa# that it cannot lawfull# beused the same shall be surrendered to the chairman and recorded in the same manner as the first

spoiled or defaced ballot. 1owever no voter shall change his ballot more than twice.

The spoiled ballot shall without being unfolded and without removing the detachable coupon be

distinctl# marked with the word "spoiled" and signed b# the board of election inspectors on theendorsement fold thereof and immediatel# placed in the compartment for spoiled ballots.

Section 1$8. "oting. -

4a5 After the voter has filled his ballot he shall fold it in the same manner as when he

received it and return it to the chairman.

4b5 2n the presence of all the members of the board of election inspectors he shall affi!

his thumbmark on the corresponding space in the coupon and deliver the folded ballot tothe chairman.

4c5 The chairman in the presence and view of the voter and all the members of the board

of election inspectors without unfolding the ballot or seeing its contents shall verif# itsnumber from the voting record where it was previousl# entered.

4d5 The voter shall fortwith affi! his thumbmark b# the side of his signature in the space

intended for that purpose in the voting record and the chairman shall appl# silver nitrate

and commassie blue on the right forefinger nail or on an# other available finger nail ifthere be no forefinger nail.

4e5 The chairman shall sign in the proper space beside the thumbmark of the voter.

4f5 The chairman after finding ever#thing to be in order shall then detach the coupon in

the presence of the board of election inspectors and of the voter and shall deposit thefolded ballot in the compartment for valid ballots and the detached coupon in the

compartment for spoiled ballots.



4g5 The voter shall then depart.

An# ballot returned to the chairman whose detachable coupon has been removed not in

the presence of the board of election inspectors and of the voter or an# ballot whosenumber does not coincide with the number of the ballot delivered to the voter as entered

in the voting record shall be considered as spoiled and shall be so marked and signed b#the members of the board of election inspectors.

Section 1$$. C$allenge of illegal voters. -

4a5 An# voter or watcher ma# challenge an# person offering to vote for not beingregistered for using the name of another or suffering from e!isting dis7ualification. 2n

such case the board of election inspectors shall satisf# itself as to whether or not the

ground for the challenge is true b# re7uiring proof of registration or the identit# of thevoter) and

4b5 =o voter shall be re7uired to present his voter@s affidavit on election da# unless hisidentit# is challenged. 1is failure or inabilit# to produce his voter@s affidavit upon being

challenged shall not preclude him from voting if his identit# be shown from the photograph fingerprints or specimen signatures in his approved application in the book

of voters or if he is identified under oath b# a member of the board of election inspectors

and such identification shall be reflected in the minutes of the board.

Section 2%%. C$allenge based on certain illegal acts. - An# voter or watcher ma# challenge an#voter offering to vote on the ground that the challenged person has received or e!pects to

receive has paid offered or promised to pa# has contributed offered or promised to contribute

mone# or an#thing of value as consideration for his vote or for the vote of another) that he has

made or received a promise to influence the giving or withholding of an# such vote or that he hasmade a bet or is interested directl# or indirectl# in a bet which depends upon the result of the

election. The challenged person shall take a prescribed oath before the board of electioninspectors that he has not committed an# of the acts alleged in the challenge. pon the taking of

such oath the challenge shall be dismissed and the challenged 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 2%1. Admission of c$allenged vote immaterial in criminal proceedings. - The admission

of the challenged vote under the two preceding sections shall not be conclusive upon an# court as

to the legalit# of the registration of the voter challenged or his vote in a criminal action against

such person for illegal registration or voting.

Section 2%2. !ecord of c$allenges and oat$s. - The poll clerk shall keep a prescribed record of

challenges 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 certif# that it contains allthe challenges made. The original of this record shall be attached to the original cop# of the

minutes of the voting as provided in the succeeding section.



Section 2%3. )inutes of voting and counting of votes. - The board of election inspectors shall

prepare and sign a statement in four copies setting forth the following$

%. The time the voting commenced and ended)

*. The serial numbers of the official ballots and election returns special envelopes andseals received)

0. The number of official ballots used and the number left unused)

. The number of voters who cast their votes)

/. The number of voters challenged during the voting)

B. The names of the watchers present)

?. The time the counting of votes commenced and ended)

>. The number of official ballots found inside the compartment for valid ballots)

'. The number of valid ballots if an# retrieved from the compartment for spoiled ballots)

%(. The number of ballots if an# found folded together)

%%. The number of spoiled ballots withdrawn from the compartment for valid ballots)

%*. The number of e!cess ballots)

%0. The number of marked ballots)

%. The number of ballots read and counted)

%/. The time the election returns were signed and sealed in their respective specialenvelopes)

%B. The number and nature of protests made b# watchers) and

%?. 3uch other matters that the Commission ma# re7uire.

Copies of this statement after being dul# accomplished shall be sealed in separate envelopes and

shall be distributed as follows$ 4a5 the original to the cit# or municipal election registrar) 4b5 thesecond cop# to be deposited inside the compartment for valid ballots of the ballot bo!) and 4c5

the third and fourth copies to the representatives of the accredited political parties.

Section 2%. Disposition of unused ballots at t$e close of t$e voting $ours. - 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 b# all the members of the board of election

inspectors after which all the unused ballots shall be torn halfwa# in the presence of the

members of the board of election inspectors.

Section 2%!. Pro$ibition of premature announcement of voting. - =o member of the board of

election inspectors shall before the termination of the voting make an# announcement as towhether a certain registered voter has alread# voted or not as to how man# have alread# voted or

how man# so far have failed to vote or an# other fact tending to show or showing the state of the polls nor shall he make an# statement at an# time e!cept as witness before a court as to how

an# person voted.

ARTICLE 'VIII

COUNTING OF VOTES

Section 2%". Counting to be public and ,it$out interruption. - As soon as the voting is finishedthe board of election inspectors shall publicl# count in the polling place the votes cast and

ascertain the results. The board of election inspectors shall not ad9ourn or postpone or dela# thecount until it has been full# completed unless otherwise ordered b# the Commission.

The Commission in the interest of free orderl# and honest elections ma# order the board of

election inspectors to count the votes and to accomplish the election returns and other forms

prescribed under this Code in an# other place within a public building in the same municipalit#or cit#$ Provided That the said public building shall not be located within the perimeter of or

inside a militar# or police camp or reservation nor inside a prison compound.

Section 2%#. Excess ballots. - ,efore proceeding to count the votes the board of electioninspectors shall count the ballots in the compartment for valid ballots without unfolding them or

e!posing their contents e!cept so far as to ascertain that each ballot is single and compare the

number of ballots in the bo! with the number of voters who have voted. 2f there are e!cess

ballots the# shall be returned in the bo! and thoroughl# mi!ed therein and the poll clerkwithout seeing the ballots and with his back to the bo! shall publicl# draw out as ma# ballots as

ma# be e7ual to the e!cess and without unfolding them place them in an envelope which shall

be marked "e!cess ballots" and which shall be sealed and signed b# the members of the board ofelection inspectors. The envelope shall be placed in the compartment for valid ballots but its

contents shall not be read in the counting of votes. 2f in the course of the e!amination ballots are

found folded together before the# were deposited in the bo! the# shall be placed in the envelope

for e!cess ballots. 2n case ballots with their detachable coupons be found in the bo! suchcoupons shall be removed and deposited in the compartment for spoiled ballots and the ballots

shall be included in the file of valid ballots. 2f ballots with the words "spoiled" be found in the

bo! such ballots shall likewise be placed in the compartment for spoiled ballots.

Section 2%8. )ar&ed ballots. - The board of election inspectors shall then unfold the ballots and

determine whether there are an# marked ballots and if an# be found the# shall be placed in an

envelope labelled "marked ballots" which shall be sealed and signed b# the members of the



board of election inspectors and placed in the compartment for valid ballots and shall not be

counted. A ma9orit# vote of the board of election inspectors shall be sufficient to determine

whether an# ballot is marked or not. =on-official ballots which the board of election inspectorsma# find e!cept those which have been used as emergenc# ballots shall be considered as

marked ballots.

Section 2%$. Compartment for spoiled ballots. - The ballots deposited in the compartment for

spoiled ballots shall be presumed to be spoiled ballots whether or not the# contain such notation) but if the board of election inspectors should find that during the voting an# valid ballot was

erroneousl# deposited in this compartment or if an# ballot separated as e!cess or marked had

been erroneousl# deposited therein the board of election inspectors shall open said compartmentafter the voting and before the counting of votes for the sole purpose of drawing out the ballots

erroneousl# deposited therein. 2t shall then prepare and sign a statement of such fact and lock the

bo! with its three ke#s immediatel# thereafter. The valid ballots so withdrawn shall be mi!edwith the other valid ballots and the e!cess or marked ballots shall be placed in their proper

envelopes which shall for such purposes be opened and again labelled sealed signed and kept as

hereinafter provided.

Section 21%. )anner of counting votes. - The counting of votes shall be made in the followingmanner$ the board of election inspectors shall unfold the ballots and form separate piles of one

hundred ballots each which shall be held together with rubber bands with cardboard of the si6e

of the ballots to serve as folders. The chairman of the board of election inspectors shall take the ballots of the first pile one b# one and read the names of candidates voted for and the offices for

which the# were voted in the order in which the# appear thereon assuming such a position as to

enable all of the watchers to read such names. The chairman shall sign and affi! his right hand

thumbmark at the back of the ballot immediatel# after it is counted. The poll clerk and the thirdmember respectivel# shall record on the election returns and the tall# board or sheet each vote

as the names voted for each office are read.

Each vote shall be recorded b# a vertical line e!cept ever# fifth vote which shall be recorded b#a diagonal line crossing the previous four vertical lines. One part# 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

votes on the tall# board or sheet and the election returns seeing to it that the same are correctl#

accomplished. After finishing the first pile of ballots the board of election inspectors shalldetermine the total number of votes recorded for each candidate the sum being noted on the tall#

board or sheet and on the election returns. 2n case of discrepanc# such recount as ma# be

necessar# shall be made. The ballots shall then be grouped together again as before the reading.Thereafter the same procedure shall be followed with the second pile of ballots and so on

successivel#. After all the ballots have been read the board of election inspectors shall sum up

the totals recorded for each candidate and the aggregate sum shall be recorded both on the tall# board or sheet and on the election returns. 2t shall then place the counted ballots in an envelope

provided for the purpose which shall be closed signed and deposited in the compartment for

valid ballots. The tall# board or sheet as accomplished and certified b# the board of election

inspectors shall not be changed or destro#ed but shall be kept in the compartment for valid ballots.



Section 211. !ules for t$e appreciation of ballots. - 2n the reading and appreciation of ballots

ever# ballot shall be presumed to be valid unless there is clear and good reason to 9ustif# its

re9ection. The board of election inspectors shall observe the following rules bearing in mind thatthe ob9ect of the election is to obtain the e!pression of the voter@s will$

%. 8here onl# the first name of a candidate or onl# his surname is written the vote forsuch candidate is valid if there is no other candidate with the same first name or surname

for the same office.

*. 8here onl# the first name of a candidate is written on the ballot which when read has

a sound similar to the surname of another candidate the vote shall be counted in favor of

the candidate with such surname. 2f there are two or more candidates with the same fullname first name or surname and one of them is the incumbent and on the ballot is

written onl# such full name first name or surname the vote shall be counted in favor of

the incumbent.

0. 2n case the candidate is a woman who uses her maiden or married surname or both andthere is another candidate with the same surname a ballot bearing onl# such surname

shall be counted in favor of the candidate who is an incumbent.

. 8hen two or more words are written on the same line on the ballot all of which are

the surnames of two or more candidates the same shall not be counted for an# of themunless one is a surname of an incumbent who has served for at least one #ear in which

case it shall be counted in favor of the latter.

8hen two or more words are written on different lines on the ballot all of which are the

surnames of two or more candidates bearing the same surname for an office for which the

law authori6es the election of more than one and there are the same number of suchsurnames written as there are candidates with that surname the vote shall be counted in

favor of all the candidates bearing the surname.

/. 8hen on the ballot is written a single word which is the first name of a candidate andwhich is at the same time the surname of his opponent the vote shall be counted in favor

of the latter.

B. 8hen two words are written on the ballot one of which is the first name of the

candidate and the other is the surname of his opponent the vote shall not be counted foreither.

?. A name or surname incorrectl# written which when read has a sound similar to the

name or surname of a candidate when correctl# written shall be counted in his favor)

>. 8hen a name of a candidate appears in a space of the ballot for an office for which heis a candidate and in another space for which he is not a candidate it shall be counted in

his favor for the office for which he is a candidate and the vote for the office for which he



is not a candidate shall be considered as stra# e!cept when it is used as a means to

identif# the voter in which case the whole ballot shall be void.

2f the word or words written on the appropriate blank on the ballot is the identical nameor surname or full name as the case ma# be of two or more candidates for the same

office none of whom is an incumbent the vote shall be counted in favor of that candidateto whose ticket belong all the other candidates voted for in the same ballot for the same

constituenc#.

'. 8hen in a space in the ballot there appears a name of a candidate that is erased and

another clearl# written the vote is valid for the latter.

%(. The erroneous initial of the first name which accompanies the correct surname of a

candidate the erroneous initial of the surname accompan#ing the correct first name of acandidate or the erroneous middle initial of the candidate shall not annul the vote in

favor of the latter.

%%. The fact that there e!ists another person who is not a candidate with the first name or

surname of a candidate shall not prevent the ad9udication of the vote of the latter.

%*. ,allots which contain prefi!es such as "3r." "+r." ";atu" ";on" ":inoo" "1on."

":ob." or suffi!es like "1i9o" "r." "3egundo" are valid.

%0. The use of the nicknames and appellations of affection and friendship if

accompanied b# the first name or surname of the candidate does not annul such votee!cept when the# were used as a means to identif# the voter in which case the whole

ballot is invalid$ Provided That if the nickname used is unaccompanied b# the name or

surname of a candidate and it is the one b# which he is generall# or popularl# known inthe localit# the name shall be counted in favor of said candidate if there is no othercandidate for the same office with the same nickname.

%. An# vote containing initials onl# or which is illegible or which does not sufficientl#

identif# the candidate for whom it is intended shall be considered as a stra# vote but shallnot invalidate the whole ballot.

%/. 2f on the ballot is correctl# written the first name of a candidate but with a different

surname or the surname of the candidate is correctl# written but with different first

name the vote shall not be counted in favor of an# candidate having such first name

andIor surname but the ballot shall be considered valid for other candidates.

%B. An# ballot written with cra#on lead pencil or in ink wholl# or in part shall be valid.

%?. 8here there are two or more candidates voted for in an office for which the law

authori6es the election of onl# one the vote shall not be counted in favor of an# of them

but this shall not affect the validit# of the other votes therein.



%>. 2f the candidates voted for e!ceed the number of those to be elected the ballot is

valid but the votes shall be counted onl# in favor of the candidates whose names were

firstl# written b# the voter within the spaces provided for said office in the ballot until theauthori6ed number is covered.

%'. An# vote in favor of a person who has not filed a certificate of candidac# or in favorof a candidate for an office for which he did not present himself shall be considered as a

stra# vote but it shall not invalidate the whole ballot.

*(. ,allots containing the name of a candidate printed and pasted on a blank space of the

ballot or affi!ed thereto through an# mechanical process are totall# null and void.

*%. Circles crosses or lines put on the spaces on which the voter has not voted shall be

considered as signs to indicate his desistance from voting and shall not invalidate the ballot.

**. nless it should clearl# appear that the# have been deliberatel# put b# the voter toserve as identification marks commas dots lines or h#phens between the first name and

surname of a candidate or in other parts of the ballot traces of the letter "T" "" andother similar ones the first letters or s#llables of names 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.

*0. An# ballot which clearl# appears to have been filled b# two distinct persons before itwas deposited in the ballot bo! during the voting is totall# null and void.

*. An# vote cast in favor of a candidate who has been dis7ualified b# final 9udgment

shall be considered as stra# and shall not be counted but it shall not invalidate the ballot.

*/. ,allots wholl# written in Arabic in localities where it is of general use are valid. Toread them the board of election inspectors ma# emplo# an interpreter who shall take an

oath that he shall read the votes correctl#.

*B. The accidental tearing or perforation of a ballot does not annul it.

*?. <ailure to remove the detachable coupon from a ballot does not annul such ballot.

*>. A vote for the President shall also be a vote for the &ice-President running under the

same ticket of a political part# unless the voter votes for a &ice-President who does not belong to such part#.

Section 212. Election returns. - The board of election inspectors shall prepare the election

returns simultaneousl# with the counting of the votes in the polling place as prescribed in 3ection*%( hereof. The return shall be prepared in se!tuplicate. The recording of votes shall be made as

prescribed in said section. The entr# of votes in words and figures for each candidate shall be

closed with the signature and the clear imprint of the thumbmark of the right hand of all the







alleged therein shall order the board of election inspectors to make the proper correction on the

election returns.

1owever if a candidate affected b# said petition ob9ects thereto whether the petition is filed b#all or onl# a ma9orit# of the members of the board of election inspectors and the results of the

election would be affected b# the correction sought to be made the Commission shall proceedsummaril# to hear the petition. 2f it finds the petition meritorious and there are no evidence or

signs indicating that the identit# and integrit# of the ballot bo! have been violated theCommission shall order the opening of the ballot bo!. After satisf#ing itself that the integrit# of

the ballots therein has also been dul# preserved the Commission shall order the recounting of the

votes of the candidates affected and the proper corrections made on the election returns unlessthe correction sought is such that it can be made without need of opening the ballot bo!.

Section 21#. Delivery of t$e ballot boxes' &eys and election supplies and documents. - pon 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

ballots the tall# board or sheet a cop# of the election returns and the minutes of its proceedingsand then shall lock the ballot bo! with three padlocks and such safet# devices as the Commission

ma# prescribe. 2mmediatel# after the bo! is locked the three ke#s of the padlocks shall be placedin three separate envelopes and shall be sealed and signed b# all the members of the board of

election inspectors.

The authori6ed representatives of the Commission shall forthwith take deliver# of said

envelopes signing a receipt therefor and deliver without dela# one envelope to the provincialtreasurer another to the provincial fiscal and the other to the provincial election supervisor.

The ballot bo! all supplies of the board of election inspectors and all pertinent papers and

documents shall immediatel# be delivered b# the board of election inspectors and the watchers tothe cit# or municipal treasurer who shall keep his office open all night on the da# of election ifnecessar# for this purpose and shall provide the necessar# facilities for said deliver# at the

e!pense of the cit# or municipalit#. The book of voters shall be returned to the election registrar

who shall keep it under his custod#. The treasurer and the election registrar as the case ma# beshall on the da# after the election re7uire the members of the board of election inspectors who

failed to send the ob9ects referred to herein to deliver the same to him immediatel# and

acknowledge receipt thereof in detail.

Section 218. Preservation of t$e voting record. - The voting record of each polling place shall bedelivered to the election registrar who shall have custod# of the same keeping them in a safe

place until such time that the Commission shall give instructions on their disposition.

Section 21$. Preservation of t$e ballot boxes' t$eir &eys and disposition of t$eir contents. -

4a5 The provincial election supervisor the provincial treasurer and the provincial fiscalshall keep the envelope containing the ke#s in their possession intact during the period of

three months following the election. pon the lapse of this period unless the

Commission has ordered otherwise the provincial election supervisor and the provincial



fiscal shall deliver to the provincial treasurer the envelope containing the ke#s under their

custod#.

4b5 The cit# and municipal treasurer shall keep the ballot bo!es under their responsibilit#for three months and stored unopened in a secure place unless the Commission orders

otherwise whenever said ballot bo!es are needed in an# political e!ercise which might becalled within the said period provided these are not involved in an# election contest or

official investigation or the Commission or other competent authorit# shall demand themsooner or shall order their preservation for a longer time in connection with an# pending

contest or investigation. 1owever upon showing b# an# candidate that the bo!es will be

in danger of being violated if kept in the possession of such officials the Commissionma# order them kept b# an# other official whom it ma# designate. pon the lapse of said

time and if there should be no order to the contrar# the Commission ma# authori6e the

cit# and municipal treasurer in the presence of its representative to open the bo!es and burn their contents e!cept the cop# of the minutes of the voting and the election returns

deposited therein which the# shall take and keep.

4c5 2n case of calamit# or fortuitous event such as fire flood storm or other similar

calamities which ma# actuall# cause damage to the ballot bo!es andIor their contents theCommission ma# authori6e the opening of said ballot bo!es to salvage the ballots and

other contents b# placing them in other ballot bo!es taking such other precautionar#

measures as ma# be necessar# to preserve such documents.

Section 22%. Documents and articles omitted or erroneously placed inside t$e ballot box. - 2fafter the deliver# of the ke#s of the ballot bo! to the proper authorities the board of election

inspectors shall discover that some documents or articles re7uired to be placed in the ballot bo!

were not placed therein the board of election inspectors instead of opening the ballot bo! in

order to place therein said documents or articles shall deliver the same to the Commission or itsdul# authori6ed representatives. 2n no instance shall the ballot bo! be reopened to place therein

or take out therefrom an# document or article e!cept to retrieve copies of the election returnswhich will be needed in an# canvass and in such e!cepted instances the members of the board of

election inspectors and watchers of the candidates shall be notified of the time and place of the

opening of said ballot bo!$ Provided however That if there are other copies of the election

returns outside of the ballot bo! which can be used in canvass such copies of the election returnsshall be used in said canvass and the opening of the ballot bo! to retrieve copies of the election

returns placed therein shall then be dispensed with.

ARTICLE 'I'

CANVASS AND PROCLAMATION

Section 221. %oard of canvassers. - There shall be a board of canvassers for each province cit#

municipalit# and district of +etropolitan +anila as follows$

4a5 Provincial board of canvassers. - the provincial board of canvassers shall be composed

of the provincial election supervisor or a senior law#er in the regional office of theCommission as chairman the provincial fiscal as vice-chairman and the provincial



superintendent of schools and one representative from each of the ruling part# and the

dominant opposition political part# in the constituenc# concerned entitled to be

represented as members.

4b5 Cit# board of canvassers. - the cit# board of canvassers shall be composed of the cit#

election registrar or a law#er of the Commission as chairman the cit# fiscal and the cit#superintendent of schools and one representative from each of the ruling part# and the

dominant opposition political part# entitled to be represented as members.

4c5 ;istrict board of canvassers of +etropolitan +anila - the district board of canvassers

shall be composed of a law#er of the Commission as chairman and a ranking fiscal in

the district and the most senior district school supervisor in the district to be appointedupon consultation with the +inistr# of ustice and the +inistr# of Education Culture and

3ports respectivel# and one representative from each of the ruling part# and the

dominant opposition political part# in the constituenc# concerned as members.

4d5 +unicipal board of canvassers. - the municipal board of canvassers shall be composedof the election registrar or a representative of the Commission as chairman the

municipal treasurer and the district supervisor or in his absence an# public school

principal in the municipalit# and one representative from each of the ruling part# and the

dominant opposition political part# entitled to be represented as members.

4e5 ,oard of canvassers for newl# created political subdivisions - the Commission shall

constitute a board of canvassers and appoint the members thereof for the first election in

a newl# created province cit# or municipalit# in case the officials who shall act asmembers thereof have not #et assumed their duties and functions.

Section 222. !elations$ip ,it$ candidates and ot$er members. - The chairman and the membersof the board of canvassers shall not be related within the fourth civil degree of consanguinit# or

affinit# to an# of the candidates whose votes will be canvassed b# said board or to an# memberof the same board.

Section 223. Pro$ibition against leaving official station. - ;uring the period beginning election

da# 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 officialstation nor shall he leave said station without prior authorit# of the Commission.

Section 22. Feigned illness. - An# member of the board of canvassers feigning illness in order

to be substituted on election da# until the proclamation of the winning candidates shall be guilt#of an election offense.

Section 22!. "ote reuired. - A ma9orit# vote of all the members of the board of canvassers shall be necessar# to render a decision.

Section 22". /ncapacity and substitution of members of boards of canvassers. - 2n case of non-

availabilit# absence dis7ualification due to relationship or incapacit# for an# cause of the



chairman the Commission shall designate the provincial or cit# fiscal to act as chairman.

ikewise in case of non-availabilit# absence dis7ualification due to relationship or incapacit#

for an# cause of such designee the ne!t ranking provincial or cit# fiscal shall be designated b#the Commission and such designation shall pass to the ne!t in rank until the designee 7ualifies.

8ith respect to the other members of the board of canvassers the Commission shall appoint as

substitute the provincial cit# or municipal officers of other government agencies in the provincecit# or municipalit# as the case ma# be and with respect to the representatives of the accredited

political parties the Commission shall appoint as substitutes those nominated b# the said

political parties.

Section 22#. #upervision and control over board of canvassers. - The Commission shall havedirect control and supervision over the board of canvassers.

An# member of the board of canvassers ma# at an# time be relieved for cause and substituted

motu proprio b# the Commission.

Section 228. otice of meeting of t$e board. - At least five da#s before the meeting of the boardthe chairman of the board shall give notice to all members thereof and to each candidate and

political part# of the date time and place of the meeting.

Section 22$. )anner of delivery and transmittal of election returns. -

4a5 <or the cit# and municipal board of canvassers the cop# of the election returns of a

polling place intended for the cit# or municipal board of canvassers dul# placed inside asealed envelope signed and affi!ed with the imprint of the thumb of the right hand of all

the members of the board of election inspectors shall be personall# delivered b# the

members of the board of election inspectors to the cit# or municipal board of canvassers

under proper receipt to be signed b# all the members thereof.

4b5 <or the provincial and district boards of canvassers in +etropolitan +anila the cop#

of the election returns of a polling place intended for the provincial or district board of

canvassers in the case of +etropolitan +anila shall be personall# delivered b# themembers of the board of election inspectors to the election registrar for transmittal to the

proper board of canvassers under proper receipt to be signed b# all the members thereof.

The election registrar concerned shall place all the returns intended for the board of canvassers

inside a ballot bo! provided with three padlocks whose ke#s shall be kept as follows$ one b# theelection registrar another b# the representative of the ruling part# and the third b# the

representative of the dominant political opposition part#.

<or this purpose the two political parties shall designate their representatives whose names shall

be submitted to the election registrar concerned on or before the tenth da# preceding the election.The three in possession of the ke#s shall personall# transmit the ballot bo! properl# locked

containing the election returns to the board of canvassers. 8atchers of political parties coalition

of political parties and of organi6ations collectivel# authori6ed b# the Commission to designate



watchers shall have the right to accompan# transmittal of the ballot bo!es containing the election

returns.

2t shall be unlawful for an# person to dela# obstruct impede or prevent through force violencecoercion intimidation or b# an# means which vitiates consent the transmittal of the election

returns or to take awa# abscond with destro# deface or mutilate or substitute the electionreturns or the envelope or the ballot bo! containing the election returns or to violate the right of

the watchers.

The watchers of the political parties coalition of political parties and the candidates shall have

the right to accompan# the members of the board of election inspectors or the election registrar

in making the deliver# to the boards of canvassers.

Section 23%. #afe&eeping of transmitted election returns. - The board of canvassers shall keepthe ballot bo!es containing the election returns in a safe and secure room before and after the

canvass. The door to the room must be padlocked b# three locks with the ke#s thereof kept as

follows$ one with the chairman the other with the representative of the ruling part# and theother with the representative of the dominant opposition political part#. The watchers of

candidates political parties coalition of political parties and organi6ation collectivel# authori6ed

b# the Commission to appoint watchers shall have the right to guard the room. &iolation of this

right shall constitute an election offense.

Section 231. Canvass by t$e board. - The board of canvassers shall meet not later than si!

o@clock in the afternoon of election da# at the place designated b# the Commission to receive the

election returns and to immediatel# canvass those that ma# have alread# been received. 2t shallmeet continuousl# from da# to da# until the canvass is completed and ma# ad9ourn but onl# for

the purpose of awaiting the other election returns from other polling places within its

9urisdiction. Each time the board ad9ourns it shall make a total of all the votes canvassed so farfor each candidate for each office furnishing the Commission in +anila b# the fastest means ofcommunication a certified cop# thereof and making available the data contained therein to the

mass media and other interested parties. As soon as the other election returns are delivered the

board shall immediatel# resume canvassing until all the returns have been canvassed.

The respective board of canvassers shall prepare a certificate of canvass dul# signed and affi!edwith the imprint of the thumb of the right hand of each member supported b# a statement of the

votes received b# each candidate in each polling place and on the basis thereof shall proclaim as

elected the candidates who obtained the highest number of votes cast in the province cit#municipalit# or baranga#. <ailure to compl# with this re7uirement shall constitute an election

offense.

3ub9ect to reasonable e!ceptions the board of canvassers must complete their canvass within

thirt#-si! hours in municipalities fort#-eight hours in cities and sevent#-two hours in provinces.&iolation hereof shall be an election offense punishable under 3ection *B hereof.

8ith respect to the election for President and &ice-President the provincial and cit# boards of

canvassers shall prepare in 7uintuplicate a certificate of canvass supported b# a statement of





of election inspectors to count the votes for the candidate whose votes have been omitted with

notice thereof to all candidates for the position involved and thereafter complete the returns.

The right of a candidate to avail of this provision shall not be lost or affected b# the fact that anelection protest is subse7uentl# filed b# an# of the candidates.

Section 23!. ($en election returns appear to be tampered ,it$ or falsified. - 2f the election

returns submitted to the board of canvassers appear to be tampered with altered or falsified after

the# have left the hands of the board of election inspectors or otherwise not authentic or were prepared b# the board of election inspectors under duress force intimidation or prepared b#

persons other than the member of the board of election inspectors the board of canvassers shall

use the other copies of said election returns and if necessar# the cop# inside the ballot bo!which upon previous authorit# given b# the Commission ma# be retrieved in accordance with

3ection **( hereof. 2f the other copies of the returns are likewise tampered with altered

falsified not authentic prepared under duress force intimidation or prepared b# persons other

than the members of the board of election inspectors the board of canvassers or an# candidate

affected shall bring the matter to the attention of the Commission. The Commission shall thenafter giving notice to all candidates concerned and after satisf#ing itself that nothing in the ballot

bo! indicate that its identit# and integrit# have been violated order the opening of the ballot bo!and likewise after satisf#ing itself that the integrit# of the ballots therein has been dul# preserved

shall order the board of election inspectors to recount the votes of the candidates affected and

prepare a new return which shall then be used b# the board of canvassers as basis of the canvass.

Section 23". Discrepancies in election returns. - 2n case it appears to the board of canvassersthat there e!ists discrepancies in the other authentic copies of the election returns from a polling

place or discrepancies in the votes of an# candidate in words and figures in the same return and

in either case the difference affects the results of the election the Commission upon motion of

the board of canvassers or an# candidate affected and after due notice to all candidatesconcerned shall proceed summaril# to determine whether the integrit# of the ballot bo! had been

preserved and once satisfied thereof shall order the opening of the ballot bo! to recount thevotes cast in the polling place solel# for the purpose of determining the true result of the count of

votes of the candidates concerned.

Section 23#. ($en integrity of ballots is violated. - 2f upon the opening of the ballot bo! as

ordered b# the Commission under 3ections *0 *0/ and *0B hereof it should appear that thereare evidence or signs of replacement tampering or violation of the integrit# of the ballots the

Commission shall not recount the ballots but shall forthwith seal the ballot bo! and order its

safekeeping.

Section 238. Canvass of remaining or unuestioned returns to continue. - 2n cases under3ections *00 *0 *0/ and *0B hereof the board of canvassers shall continue the canvass of the

remaining or un7uestioned election returns. 2f after the canvass of all the said returns it should

be determined that the returns which have been set aside will affect the result of the election no proclamation shall be made e!cept upon orders of the Commission after due notice and hearing.

An# proclamation made in violation hereof shall be null and void.



Section 23$. (atc$ers. - Each candidate political part# or coalition of political parties shall be

entitled to appoint one watcher in the board of canvassers. The watcher shall have the right to be

present at and take note of all the proceedings of the board of canvassers to read the electionreturns without touching them to file a protest against an# irregularit# in the election returns

submitted and to obtain from the board of canvassers a resolution thereon.

Section 2%. Election resulting in tie. - 8henever it shall appear from the canvass that two or

more candidates have received an e7ual and highest number of votes or in cases where two ormore candidates are to be elected for the same position and two or more candidates received the

same number of votes for the last place in the number to be elected the board of canvassers after

recording this fact in its minutes shall b# resolution upon five da#s notice to all the tiedcandidates hold a special public meeting at which the board of canvassers shall proceed to the

drawing of lots of the candidates who have tied and shall proclaim as elected the candidates who

ma# be favored b# luck and the candidates so proclaimed shall have the right to assume office inthe same manner as if he had been elected b# pluralit# of vote. The board of canvassers shall

forthwith make a certificate stating the name of the candidate who had been favored b# luck and

his proclamation on the basis thereof.

=othing in this section shall be construed as depriving a candidate of his right to contest theelection.

ARTICLE ''

PRE&PROCLAMATION CONTROVERSIES

Section 21. Definition. - A pre-proclamation controvers# refers to an# 7uestion pertaining to or

affecting the proceedings of the board of canvassers which ma# be raised b# an# candidate or b#an# registered political part# or coalition of political parties before the board or directl# with the

Commission or an# matter raised under 3ections *00 *0 *0/ and *0B in relation to the preparation transmission receipt custod# and appreciation of the election returns.

Section 22. Commission0s exclusive 2urisdiction of all pre-proclamation controversies. - The

Commission shall have e!clusive 9urisdiction of all pre-proclamation controversies. 2t ma# motu

proprio or upon written petition and after due notice and hearing order the partial or totalsuspension of the proclamation of an# candidate-elect or annual partiall# or totall# an#

proclamation if one has been made as the evidence shall warrant in accordance with the

succeeding sections.

Section 23. /ssues t$at may be raised in pre-proclamation controversy. - The following shall be proper issues that ma# be raised in a pre-proclamation controvers#$

4a5 2llegal composition or proceedings of the board of canvassers)



4b5 The canvassed election returns are incomplete contain material defects appear to be

tampered with or falsified or contain discrepancies in the same returns or in other

authentic copies thereof as mentioned in 3ections *00 *0 *0/ and *0B of this Code)

4c5 The election returns were prepared under duress threats coercion or intimidation or

the# are obviousl# manufactured or not authentic) and

4d5 8hen substitute or fraudulent returns in controverted polling places were canvassed

the results of which materiall# affected the standing of the aggrieved candidate orcandidates.

Section 2. Contested composition or proceedings of t$e board. - 8hen the composition or

proceedings of the board of canvassers are contested the board of canvassers shall within

twent#-four hours make a ruling thereon with notice to the contestant who if adversel# affectedma# appeal the matter to the Commission within five da#s after the ruling with proper notice to

the board of canvassers. After due notice and hearing the Commission shall decide the case

within ten da#s from the filing thereof. ;uring the pendenc# of the case the board of canvassersshall suspend the canvass until the Commission orders the continuation or resumption thereof

and citing their reasons or grounds therefor.

Section 2!. Contested election returns. - An# candidate political part# or coalition of political

parties contesting the inclusion or e!clusion in the canvass of an# election returns on an# of thegrounds authori6ed under this article or in 3ections *0 *0/ and *0B of Article H2H shall submit

their verbal ob9ections to the chairman of the board of canvassers at the time the 7uestioned

returns is presented for inclusion or e!clusion which ob9ections shall be noted in the minutes ofthe canvassing.

The board of canvassers upon receipt of an# such ob9ections shall automaticall# defer thecanvass of the contested returns and shall proceed to canvass the rest of the returns which are not

contested b# an# part#.

8ithin twent#-four hours from and after the presentation of a verbal ob9ection the same shall besubmitted in written form to the board of canvassers. Thereafter the board of canvassers shall

take up each contested return consider the written ob9ections thereto and summaril# rule

thereon. 3aid ruling shall be made oral initiall# and then reduced to writing b# the board withintwent#-four hours from the time the oral ruling is made.

An# part# adversel# affected b# an oral ruling on itsIhis ob9ection shall immediatel# state orall#

whether itIhe intends to appeal said ruling. The said intent to appeal shall be stated in the minutesof the canvassing. 2f a part# manifests its intent to appeal the board of canvassers shall set asidethe return and proceed to rule on the other contested returns. 8hen all the contested returns have

been ruled upon b# it the board of canvassers shall suspend the canvass and shall make an

appropriate report to the Commission cop# furnished the parties.

The board of canvassers shall not proclaim an# candidate as winner unless authori6ed b# theCommission after the latter has ruled on the ob9ections brought to it on appeal b# the losing part#



and an# proclamation made in violation hereof shall be void ab initio unless the contested

returns will not adversel# affect the results of the election.

Section 2". #ummary proceedings before t$e Commission. - All pre-proclamation controversiesshall be heard summaril# b# the Commission after due notice and hearing and its decisions shall

be e!ecutor# after the lapse of five da#s from receipt b# the losing part# of the decision of theCommission unless restrained b# the 3upreme Court.

Section 2#. Partial proclamation. - =otwithstanding the pendenc# of an# pre-proclamationcontrovers# the Commission ma# motu proprio or upon the filing of a verified petition and after

due notice and hearing order the proclamation of other winning candidates whose election will

not be affected b# the outcome of the controvers#.

Section 28. Effect of filing petition to annual or to suspend t$e proclamation. - The filing withthe Commission of a petition to annual or to suspend the proclamation of an# candidate shall

suspend the running of the period within which to file an election protest or 7uo warranto

proceedings.

ARTICLE ''I

ELECTION CONTESTS

Section 2$. 1urisdiction of t$e Commission. - The Commission shall be the sole 9udge of all

contests relating to the elections returns and 7ualifications of all +embers of the ,atasang

Pambansa elective regional provincial and cit# officials.

Section 2!%. Election contests for %atasang Pambansa' regional' provincial and city offices. - A

sworn petition contesting the election of an# +ember of the ,atasang Pambansa or an# regional

provincial or cit# official shall be filed with the Commission b# an# candidate who has dul# fileda certificate of candidac# and has been voted for the same office within ten da#s after the proclamation of the results of the election.

Section 2!1. Election contests for municipal offices. - A sworn petition contesting the election of

a municipal officer shall be filed with the proper regional trial court b# an# candidate who hasdul# filed a certificate of candidac# and has been voted for the same office within ten da#s after

proclamation of the results of the election.

Section 2!2. Election contest for barangay offices. - A sworn petition contesting the election of a

baranga# officer shall be filed with the proper municipal or metropolitan trial court b# an#

candidate who has dul# filed a certificate of candidac# and has been voted for the same officewithin ten da#s after the proclamation of the results of the election. The trial court shall decide

the election protest within fifteen da#s after the filing thereof. The decision of the municipal or

metropolitan trial court ma# be appealed within ten da#s from receipt of a cop# thereof b# theaggrieved part# to the regional trial court which shall decide the case within thirt# da#s from its

submission and whose decisions shall be final.



Section 2!3. Petition for uo ,arranto. - An# voter contesting the election of an# +ember of the

,atasang Pambansa regional provincial or cit# officer on the ground of ineligibilit# or of

dislo#alt# to the epublic of the Philippines shall file a sworn petition for 7uo warranto with theCommission within ten da#s after the proclamation of the results of the election.

An# voter contesting the election of an# municipal or baranga# officer on the ground ofineligibilit# or of dislo#alt# to the epublic of the Philippines shall file a sworn petition for 7uo

warranto with the regional trial court or metropolitan or municipal trial court respectivel#within ten da#s after the proclamation of the results of the election.

Section 2!. Procedure in election contests. - The Commission shall prescribe the rules to

govern the procedure and other matters relating to election contests pertaining to all nationalregional provincial and cit# offices not later than thirt# da#s before such elections. 3uch rules

shall provide a simple and ine!pensive procedure for the e!peditious disposition of election

contests and shall be published in at least two newspapers of general circulation.

1owever with respect to election contests involving municipal and baranga# offices thefollowing rules of procedure shall govern$

4a5 =otice of the protest contesting the election of a candidate for a municipal or

baranga# office shall be served upon the candidate b# means of a summons at the postal

address stated in his certificate of candidac# e!cept when the protestee without waitingfor the summons has made the court understand that he has been notified of the protest

or has filed his answer hereto)

4b5 The protestee shall answer the protest within five da#s 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 hearing of the protest or contest. The answer shall dealonl# with the election in the polling places which are covered b# the allegations of the

contest)

4c5 3hould the protestee desire to impugn the votes received b# the protestant in other polling places he shall file a counter-protest within the same period fi!ed for the answer

serving a cop# thereof upon the protestant b# registered mail or b# personal deliver# or

through the sheriff)

4d5 The protestant shall answer the counter-protest within five da#s after notice)

4e5 8ithin the period of five da#s counted from the filing of the protest an# othercandidate for the same office ma# intervene in the case as other contestants and ask for

affirmative relief in his favor b# a petition in intervention which shall be considered as

another contest e!cept that it shall be substantiated within the same proceedings. The protestant or protestee shall answer the protest in intervention within five da#s after

notice)



4f5 2f no answer shall be filed to the contest counter-protest or to the protest in

intervention within the time limits respectivel# fi!ed a general denial shall be deemed to

have been entered)

4g5 2n election contest proceedings the permanent registr# list of voters shall be

conclusive in regard to the 7uestion as to who had the right to vote in said election.

Section 2!!. 1udicial counting of votes in election contest. - 8here allegations in a protest or

counter-protest so warrant or whenever in the opinion of the court the interests of 9ustice sore7uire it shall immediatel# order the book of voters ballot bo!es and their ke#s ballots and

other documents used in the election be brought before it and that the ballots be e!amined and

the votes recounted.

Section 2!". Appeals. - Appeals from an# decision rendered b# the regional trial court under3ection

*/% and paragraph two 3ection */0 hereof with respect to 7uo warranto petitions filed inelection contests affecting municipal officers the aggrieved part# ma# appeal to the 2ntermediate

Appellate Court within five da#s after receipt of a cop# of the decision. =o motion forreconsideration shall be entertained b# the court. The appeal shall be decided within si!t# da#s

after the case has been submitted for decision.

Section 2!#. Decision in t$e Commission. - The Commission shall decide all election cases

brought before it within ninet# da#s from the date of their submission for decision. The decisionof the Commission shall become final thirt# da#s after receipt of 9udgment.

Section 2!8. Preferential disposition of contests in courts. - The courts in their respective cases

shall give preference to election contests over all other cases e!cept those of habeas corpus andshall without dela# hear and within thirt# da#s from the date of their submission for decision but in ever# case within si! months after filing decide the same.

Section 2!$. Actual or compensatory damages. - Actual or compensator# damages ma# be

granted in all election contests or in 7uo warranto proceedings in accordance with law.

Section 2"%. otice of decisions. - The clerk of court and the corresponding official in theCommission before whom an election contest or a 7uo warranto proceeding has been instituted

or where the appeal of said case has been taken shall notif# immediatel# the President of the

Philippines of the final disposition thereof. 2n election contests involving provincial cit#

municipal or baranga# offices notice of such final disposition shall also be sent to the secretar#of the local sanggunian concerned. 2f the decision be that none of the parties has been legall#

elected said official shall certif# such decision to the President of the Philippines and in

appropriate cases to the Commission.

ARTICLE ''II

ELECTION OFFENSES



Section 2"1. Pro$ibited Acts. - The following shall be guilt# of an election offense$

4a5 &ote-bu#ing and vote-selling. -

4%5 An# person who gives offers or promises mone# or an#thing of value gives

or promises an# office or emplo#ment franchise or grant public or private ormakes or offers to make an e!penditure directl# or indirectl# or cause an

e!penditure to be made to an# person association corporation entit# or

communit# in order to induce an#one or the public in general to vote for oragainst an# candidate or withhold his vote in the election or to vote for or against

an# aspirant for the nomination or choice of a candidate in a convention or similar

selection process of a political part#.

4*5 An# person association corporation group or communit# who solicits orreceives directl# or indirectl# an# e!penditure or promise of an# office or

emplo#ment public or private for an# of the foregoing considerations.

4b5 Conspirac# to bribe voters. - Two or more persons whether candidates or not who

come to an agreement concerning the commission of an# violation of paragraph 4a5 ofthis section and decide to commit it.

4c5 8agering upon result of election. - An# person who bets or wagers upon the outcome

of or an# contingenc# connected with an election. An# mone# or thing of value or

deposit of mone# or thing of value situated an#where in the Philippines put as such bet orwager shall be forfeited to the government.

4d5 Coercion of subordinates. -

4%5 An# public officer or an# officer of an# public or private corporation or

association or an# head superior or administrator of an# religious organi6ationor an# emplo#er or land-owner who coerces or intimidates or compels or in an#

manner influence directl# or indirectl# an# of his subordinates or members or

parishioners or emplo#ees or house helpers tenants overseers farm helperstillers or lease holders to aid campaign or vote for or against an# candidate or

an# aspirant for the nomination or selection of candidates.

4*5 An# public officer or an# officer of an# commercial industrial agricultural

economic or social enterprise or public or private corporation or association or

an# head superior or administrator of an# religious organi6ation or an# emplo#eror landowner who dismisses or threatens to dismiss punishes or threatens to

punish be reducing his salar# wage or compensation or b# demotion transfer

suspension separation e!communication e9ectment or causing him anno#ancein the performance of his 9ob or in his membership an# subordinate member or

affiliate parishioner emplo#ee or house helper tenant overseer farm helper

tiller or lease holder for disobe#ing or not compl#ing with an# of the acts



ordered b# the former to aid campaign or vote for or against an# candidate or

an# aspirant for the nomination or selection of candidates.

4e5 Threats intimidation terrorism use of fraudulent device or other forms of coercion. -An# person who directl# or indirectl# threatens intimidates or actuall# causes inflicts

or produces an# violence in9ur# punishment damage loss or disadvantage upon an# person or persons or that of the immediate members of his famil# his honor or propert#

or uses an# fraudulent device or scheme to compel or induce the registration or refrainingfrom registration of an# voter or the participation in a campaign or refraining or

desistance from an# campaign or the casting of an# vote or omission to vote or an#

promise of such registration campaign vote or omission therefrom.

4f5 Coercion of election officials and emplo#ees. - An# person who directl# or indirectl#

threatens intimidates terrori6es or coerces an# election official or emplo#ee in the

performance of his election functions or duties.

4g5 Appointment of new emplo#ees creation of new position promotion or giving salar#increases. - ;uring the period of fort#-five da#s before a regular election and thirt# da#s

before a special election

4%5 an# head official or appointing officer of a government office agenc# or

instrumentalit# whether national or local including government-owned orcontrolled corporations who appoints or hires an# new emplo#ee whether

provisional temporar# or casual or creates and fills an# new position e!cept

upon prior authorit# of the Commission. The Commission shall not grant theauthorit# sought unless it is satisfied that the position to be filled is essential to

the proper functioning of the office or agenc# concerned and that the position

shall not be filled in a manner that ma# influence the election.

As an e!ception to the foregoing provisions a new emplo#ee ma# be appointed incase of urgent need$ Provided however That notice of the appointment shall be

given to the Commission within three da#s from the date of the appointment. An#

appointment or hiring in violation of this provision shall be null and void.

4*5 An# government official who promotes or gives an# increase of salar# orremuneration or privilege to an# government official or emplo#ee including those

in government-owned or controlled corporations.

4h5 Transfer of officers and emplo#ees in the civil service. - An# public official whomakes or causes an# transfer or detail whatever of an# officer or emplo#ee in the civilservice including public school teachers within the election period e!cept upon prior

approval of the Commission.

4i5 2ntervention of public officers and emplo#ees. - An# officer or emplo#ee in the civil

service e!cept those holding political offices) an# officer emplo#ee or member or theArmed <orces of the Philippines or an# police force special forces home defense forces



baranga# self-defense units and all other para-militar# units that now e!ist or which ma#

hereafter be organi6ed who directl# or indirectl# intervenes in an# election campaign or

engages in an# partisan political activit# e!cept to vote or to preserve public order if heis a peace officer.

495 ndue influence. - 2t is unlawful for an# person to promise an# office or emplo#ment public or private or to make or offer to make an e!penditure directl# or indirectl# or to

cause an e!penditure to be made to an# person association corporation or entit# whichma# induce an#one or the public in general either to vote or withhold his vote or to vote

for or against an# candidate in an# election or an# aspirant for the nomination or

selection of an official candidate in a convention of a political part#. 2t is likewiseunlawful for an# person association corporation or communit# to solicit or receive

directl# or indirectl# an# e!penditure or promise or an# office or emplo#ment public or

private for an# of the foregoing considerations.

4k5 nlawful electioneering. - 2t is unlawful to solicit votes or undertake an# propaganda

on the da# of registration before the board of election inspectors and on the da# ofelection for or against an# candidate or an# political part# within the polling place and

with a radius of thirt# meters thereof.

4l5 Prohibition against dismissal of emplo#ees laborers or tenants. - =o emplo#ee orlaborer shall be dismissed nor a tenant be e9ected from his landholdings for refusing or

failing to vote for an# candidate of his emplo#er or landowner. An# emplo#ee laborer or

tenant so dismissed or e9ected shall be reinstated and the salar# or wage of the emplo#eeor laborer or the share of the harvest of the tenant shall be restored to the aggrieved

part# upon application to the proper court.

4m5 Appointment or use of special policemen special agents confidential agents or thelike. - ;uring the campaign period on the da# before and on election da# an# appointingauthorit# who appoints or an# person who utili6es the services of special policemen

special agents confidential agents or persons performing similar functions) persons

previousl# appointed as special policemen special agents confidential agents or persons performing similar functions who continue acting as such and those who fail to turn over

their firearms uniforms insignias and other badges of authorit# to the proper officer who

issued the same.

At the start of the aforementioned period the baranga# chairman municipal ma#or cit#ma#or provincial governor or an# appointing authorit# shall submit to the Commission a

complete list of all special policemen special agents confidential agents or persons

performing similar functions in the emplo# of their respective political subdivisions withsuch particulars as the Commission ma# re7uire.

4n5 2llegal release of prisoners before and after election. - The ;irector of the ,ureau of

Prisons an# provincial warden the keeper of the 9ail or the person or persons re7uired b#

law to keep prisoners in their custod# who illegall# orders or allows an# prisonerdetained in the national penitentiar# or the provincial cit# or municipal 9ail to leave the



premises thereof si!t# da#s before and thirt# da#s after the election. The municipal or

cit# warden the provincial warden the keeper of the 9ail or the person or persons

re7uired b# law to keep prisoners in their custod# shall post in three conspicuous public places a list of the prisoners or detention prisoners under their care. ;etention prisoners

must be categori6ed as such.

4o5 se of public funds mone# deposited in trust e7uipment facilities owned or

controlled b# the government for an election campaign. - An# person who uses under an#guise whatsoever directl# or indirectl# 4%5 public funds or mone# deposited with or held

in trust b# public financing institutions or b# government offices banks or agencies) 4*5

an# printing press radio or television station or audio-visual e7uipment operated b# the:overnment or b# its divisions sub-divisions agencies or instrumentalities including

government-owned or controlled corporations or b# the Armed <orces of the Philippines)

or 405 an# e7uipment vehicle facilit# apparatus or paraphernalia owned b# thegovernment or b# its political subdivisions agencies including government-owned or

controlled corporations or b# the Armed <orces of the Philippines for an# election

campaign or for an# partisan political activit#.

4p5 ;eadl# weapons. - An# person who carries an# deadl# weapon in the polling placeand within a radius of one hundred meters thereof during the da#s and hours fi!ed b# law

for the registration of voters in the polling place voting counting of votes or preparation

of the election returns. 1owever in cases of affra# turmoil or disorder an# peace officeror public officer authori6ed b# the Commission to supervise the election is entitled to

carr# firearms or an# other weapon for the purpose of preserving order and enforcing the

law.

475 Carr#ing firearms outside residence or place of business. - An# person who although

possessing a permit to carr# firearms carries an# firearms outside his residence or placeof business during the election period unless authori6ed in writing b# the Commission$

Provided That a motor vehicle water or air craft shall not be considered a residence or place of business or e!tension hereof.

This prohibition shall not appl# to cashiers and disbursing officers while in the

performance of their duties or to persons who b# nature of their official duties

profession business or occupation habituall# carr# large sums of mone# or valuables.

4r5 se of armored land water or air craft. - An# person who uses during the campaign period on the da# before and on election da# an# armored land water or air craft

provided with an# temporar# or permanent e7uipment or an# other device or contraption

for the mounting or installation of cannons machine guns and other similar high caliberfirearms including militar# t#pe tanks half trucks scout trucks armored trucks of an#

make or model whether new reconditioned rebuilt or remodelled$ Provided That

banking or financial institutions and all business firms ma# use not more than twoarmored vehicles strictl# 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 authorit# of the Commission.



4s5 8earing of uniforms and bearing arms. - ;uring the campaign period on the da#

before and on election da# an# member of securit# or police organi6ation of government

agencies commissions councils bureaus offices or government-owned or controlledcorporations or privatel#-owned or operated securit# investigative protective or

intelligence agencies who wears his uniform or uses his insignia decorations or regalia

or bears arms outside the immediate vicinit# of his place of work$ Provided That this prohibition shall not appl# when said member is in pursuit of a person who has

committed or is committing a crime in the premises he is guarding) or when escorting or

providing securit# for the transport of pa#rolls deposits or other valuables) or whenguarding the residence of private persons or when guarding private residences buildings

or offices$ Provided further That in the last case prior written approval of the

Commission shall be obtained. The Commission shall decide all applications for

authorit# under this paragraph within fifteen da#s from the date of the filing of suchapplication.

;uring the same period and ending thirt# da#s thereafter an# member of the Armed

<orces of the Philippines special forces home defense forces baranga# self-defenseunits and all other para-militar# units that now e!ist or which ma# hereafter be organi6ed

who wears his uniform or bears arms outside the camp garrison or barracks to which he

is assigned or detailed or outside their homes in case of members of para-militar# units

unless 4%5 the President of the Philippines shall have given previous authorit# thereforand the Commission notified thereof in writing or 4*5 the Commission authori6es him to

do so which authorit# it shall give onl# when necessar# to assist it in maintaining free

orderl# and honest elections and onl# after notice and hearing. All personnel of theArmed <orces authori6ed b# the President or the Commission to bear arms or wear their

uniforms outside their camps and all police and peace officers shall bear their true name

rank and serial number if an# stitched in block letters on a white background on the left

breast of their uniform in letters and numbers of a clearl# legible design at least twocentimeters tall which shall at all times remain visible and uncovered.

;uring the election period whenever the Commission finds it necessar# for the

promotion of free orderl# honest and peaceful elections in a specific area it shallconfiscate or order the confiscation of firearms of an# member or members of the Armed

<orces of the Philippines police forces home defense forces baranga# self-defense

units and all other para-militar# units that now e!ist or which ma# hereafter beorgani6ed or an# member or members of the securit# or police organi6ation government

ministries commissions councils bureaus offices instrumentalities or government-

owned or controlled corporations and other subsidiaries or of an# member or members of

privatel# owned or operated securit# investigative protective or intelligence agencies performing identical or similar functions.

4t5 Policemen and provincial guards acting as bod#guards or securit# guards. - ;uring the

campaign period on the da# before and on election da# an# member of the cit# or

municipal police force an# provincial or sub-provincial guard an# member of the Armed<orces of the Philippines special forces home defense forces baranga# self-defense

units and all other para-militar# units that now e!ist or which ma# hereafter be organi6ed



who acts as bod#guard or securit# guard of an# public official candidate or an# other

person and an# of the latter who utili6es the services of the former as bod#guard or

securit# guard$ Provided That after due notice and hearing when the life and securit# ofa candidate is in 9eopard# the Commission is empowered to assign at the candidate@s

choice an# member of the Philippine Constabular# or the police force of an#

municipalit# within the province to act as his bod#guard or securit# guard in a number to be determined b# the Commission but not to e!ceed three per candidate$ Provided

however That when the circumstances re7uire immediate action the Commission ma#

issue a temporar# order allowing the assignment of an# member of the PhilippineConstabular# or the local police force to act as bod#guard or securit# guard of the

candidate sub9ect to confirmation or revocation.

4u5 Organi6ation or maintenance of reaction forces strike forces or other similar forces. -

An# person who organi6es or maintains a reaction force strike force or similar forceduring the election period.

The heads of all reaction forces strike forces or similar forces shall not later than fort#-five da#s before the election submit to the Commission a complete list of all members

thereof with such particulars as the Commission ma# re7uire.

4v5 Prohibition against release disbursement or e!penditure of public funds. - An# publicofficial or emplo#ee including baranga# officials and those of government-owned or

controlled corporations and their subsidiaries who during fort#-five da#s before a

regular election and thirt# da#s before a special election releases disburses or e!pendsan# public funds for$

4%5 An# and all kinds of public works e!cept the following$

4a5 +aintenance of e!isting andIor completed public works pro9ect$

Provided That not more than the average number of laborers oremplo#ees alread# emplo#ed therein during the si!-month period

immediatel# prior to the beginning of the fort#-five da# period before

election da# shall be permitted to work during such time$ Provided

further That no additional laborers shall be emplo#ed for maintenancework within the said period of fort#-five da#s)

4b5 8ork undertaken b# contract through public bidding held or b#

negotiated contract awarded before the fort#-five da# period before

election$ Provided That work for the purpose of this section undertakenunder the so-called "taka#" or "pa7uiao" s#stem shall not be considered as

work b# contract)

4c5 Pa#ment for the usual cost of preparation for working drawingsspecifications bills of materials estimates and other procedures

preparator# to actual construction including the purchase of materials and

e7uipment and all incidental e!penses for wages of watchmen and other



laborers emplo#ed for such work in the central 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 pro9ect or pro9ects were commenced) and

4d5 Emergenc# work necessitated b# the occurrence of a public calamit# but such work shall be limited to the restoration of the damaged facilit#.

=o pa#ment shall be made within five da#s before the date of election to laborerswho have rendered services in pro9ects or works e!cept those falling under

subparagraphs 4a5 4b5 4c5 and 4d5 of this paragraph.

This prohibition shall not appl# to ongoing public works pro9ects commenced

before the campaign period or similar pro9ects under foreign agreements. <or purposes of this provision it shall be the dut# of the government officials or

agencies concerned to report to the Commission the list of all such pro9ects being

undertaken b# them.

4*5 The +inistr# of 3ocial 3ervices and ;evelopment and an# other office inother ministries of the government performing functions similar to said ministr#

e!cept for salaries of personnel and for such other routine and normal e!penses

and for such other e!penses as the Commission ma# authori6e after due noticeand hearing. 3hould a calamit# or disaster occur all releases normall# or usuall#

coursed through the said ministries and offices of other ministries shall be turned

over to and administered and disbursed b# the Philippine =ational ed Crosssub9ect to the supervision of the Commission on Audit or its representatives and

no candidate or his or her spouse or member of his famil# within the second civil

degree of affinit# or consanguinit# shall participate directl# or indirectl# in thedistribution of an# relief or other goods to the victims of the calamit# or disaster)and

405 The +inistr# of 1uman 3ettlements and an# other office in an# other ministr#

of the government performing functions similar to said ministr# e!cept for

salaries of personnel and for such other necessar# administrative or othere!penses as the Commission ma# authori6e after due notice and hearing.

4w5 Prohibition against construction of public works deliver# of materials for public

works and issuance of treasur# warrants and similar devices. - ;uring the period of fort#-

five da#s preceding a regular election and thirt# da#s before a special election an# person who 4a5 undertakes the construction of an# public works e!cept for pro9ects or

works e!empted in the preceding paragraph) or 4b5 issues uses or avails of treasur#

warrants or an# device undertaking future deliver# of mone# goods or other things ofvalue chargeable against public funds.

4!5 3uspension of elective provincial cit# municipal or baranga# officer. - The

provisions of law to the contrar# notwithstanding during the election period an# public



official who suspends without prior approval of the Commission an# elective provincial

cit# municipal or baranga# officer unless said suspension will be for purposes of

appl#ing the "Anti-:raft and Corrupt Practices Act" in relation to the suspension andremoval of elective officials) in which case the provisions of this section shall be

inapplicable.

4#5 On egistration of &oters$

4%5 An# person who having all the 7ualifications and none of the dis7ualificationsof a voter fails without 9ustifiable e!cuse to register as a voter in an election

plebiscite or referendum in which he is 7ualified to vote.

4*5 An# person who knowingl# makes an# false or untruthful statement relative to

an# of the data or information re7uired in the application for registration.

405 An# person who deliberatel# imprints or causes the imprinting of blurred or

indistinct fingerprints on an# of the copies of the application for registration or onthe voter@s affidavit) or an# person in charge of the registration of voters who

deliberatel# or through negligence causes or allows the imprinting of blurred orindistinct fingerprints on an# of the aforementioned registration forms or an#

person who tampers with the fingerprints in said registration records.

45 An# member of the board of election inspectors who approves an# application

which on its face shows that the applicant does not possess all the 7ualifications prescribed b# law for a voter) or who disapproves an# application which on its

face shows that the applicant possesses all such 7ualifications.

4/5 An# person who being a registered voter registers anew without filing anapplication for cancellation of his previous registration.

4B5 An# person who registers in substitution for another whether with or without

the latter@s knowledge or consent.

4?5 An# person who tampers with or changes without authorit# an# data or entr#

in an# voter@s application for registration.

4>5 An# person who dela#s hinders or obstruct another from registering.

4'5 An# person who falsel# certifies or identifies another as a bona fide resident ofa particular place or localit# for the purpose of securing the latter@s registration as

a voter.

4%(5 An# person who uses the voter@s affidavit of another for the purpose ofvoting whether or not he actuall# succeeds in voting.



4%%5 An# person who places inserts or otherwise includes as approved

application for registration in the book of voters or in the provincial or national

central files of registered voters the application of an# fictitious voter or an#application that has not been approved) or removes from or otherwise takes out of

the book of voters or the provincial or national central files of registered voters

an# dul# approved voter@s application e!cept upon lawful order of theCommission or of a competent court or after proper cancellation as provided in

3ections %** %*0 %* and %*/ hereof.

4%*5 An# person who transfers or causes the transfer of the registration record of a

voter to the book of voters of another polling place unless said transfer was dueto a change of address of the voter and the voter was dul# notified of his new

polling place.

4%05 An# person who asks demands takes accepts or possesses directl# or

indirectl# the voter@s affidavit of another in order to induce the latter to withhold

his vote or to vote for or against an# candidate in an election or an# issue in a plebiscite or referendum. 2t shall be presumed prima facie that the asking

demanding taking accepting or possessing is with such intent if done within the period beginning ten da#s before election da# and ending ten da#s after election

da# unless the voter@s affidavit of another and the latter are both members of the

same famil#.

4%5 An# person who delivers hands over entrusts gives directl# or indirectl#his voter@s affidavit to another in consideration of mone# or other benefit or

promises thereof or takes or accepts such voter@s affidavit directl# or indirectl#

b# giving or causing the giving of mone# or other benefit or making or causing

the making of a promise thereof.

4%/5 An# person who alters in an# manner tears defaces removes or destro#s

an# certified list of voters.

4%B5 An# person who takes carries or possesses an# blank or unused registration

form alread# issued to a cit# or municipalit# outside of said cit# or municipalit#e!cept as otherwise provided in this Code or when directed b# e!press order of

the court or of the Commission.

4%?5 An# person who maliciousl# omits tampers or transfers to another list the

name of a registered voter from the official list of voters posted outside the polling place.

465 On voting$

4%5 An# person who fails to cast his vote without 9ustifiable e!cuse.







4**5 An# person who removes tears defaces or destro#s an# certified list of

candidates posted inside the voting booths during the hours of voting.

4*05 An# person who holds or causes the holding of an election on an# other da#than that fi!ed b# law or b# the Commission or stops an# election being legall#

held.

4*5 An# person who deliberatel# blurs his fingerprint in the voting record.

4aa5 On Canvassing$

4%5 An# chairman of the board of canvassers who fails to give due notice of thedate time and place of the meeting of said board to the candidates political

parties andIor members of the board.

4*5 An# member of the board of canvassers who proceeds with the canvass of the

votes andIor proclamation of an# candidate which was suspended or annulled b#the Commission.

405 An# member of the board of canvassers who proceeds with the canvass of

votes andIor proclamation of an# candidate in the absence of 7uorum or without

giving due notice of the date time and place of the meeting of the board to thecandidates political parties andIor other members of the board.

45 An# member of the board of canvassers who without authorit# of the

Commission uses in the canvass of votes andIor proclamation of an# candidate

an# document other than the official cop# of the election returns.

4bb5 Common to all boards of election inspectors and boards of canvassers$

4%5 An# member of an# board of election inspectors or board of canvassers who

deliberatel# absents himself from the meetings of said bod# for the purpose of

obstructing or dela#ing the performance of its duties or functions.

4*5 An# member of an# board of election inspectors or board of canvassers whowithout 9ustifiable reason refuses to sign and certif# an# election form re7uired

b# this Code or prescribed b# the Commission although he was present during the

meeting of the said bod#.

405 An# person who being ineligible for appointment as member of an# board ofelection inspectors or board of canvassers accepts an appointment to said bod#

assumes office and actuall# serves as a member thereof or an# of public officer

or an# person acting in his behalf who appoints such ineligible person knowinghim to be ineligible.



45 An# person who in the presence or within the hearing of an# board of election

inspectors or board of canvassers during an# of its meetings conducts himself in

such a disorderl# manner as to interrupt or disrupt the work or proceedings to theend of preventing said bod# from performing its functions either partl# or totall#.

4/5 An# public official or person acting in his behalf who relieves an# member ofan# board of election inspectors or board of canvassers or who changes or causes

the change of the assignments of an# member of said board of election inspectorsor board of canvassers without authorit# of the Commission.

4cc5 On candidac# and campaign$

4%5 An# political part# which holds political conventions or meetings to nominate

its official candidates earlier that the period fi!ed in this Code.

4*5 An# person who abstracts destro#s or cancels an# certificate of candidac#

dul# filed and which has not been cancelled upon order of the Commission.

405 An# person who misleads the board of election inspectors b# submitting an#

false or spurious certificate of candidac# or document to the pre9udice of acandidate.

45 An# person who being authori6ed to receive certificates of candidac#

receives an# certificate of candidac# outside the period for filing the same and

makes it appear that said certificate of candidac# was filed on time) or an# personwho b# means of fraud threat intimidation terrorism or coercion causes or

compels the commission of said act.

4/5 An# person who b# an# device or means 9ams obstructs or interferes with a

radio or television broadcast of an# lawful political program.

4B5 An# person who solicits votes or undertakes an# propaganda on the da# ofelection for or against an# candidate or an# political part# within the polling

place or within a radius of thirt# meters thereof.

4dd5 Other prohibitions$

4%5 An# person who sells furnishes offers bu#s serves or takes into!icating

li7uor on the da#s fi!ed b# law for the registration of voters in the polling placeor on the da# before the election or on election da#$ Provided That hotels and

other establishments dul# certified b# the +inistr# of Tourism as tourist orientedand habituall# in the business of catering to foreign tourists ma# be e!empted for

9ustifiable reasons upon prior authorit# of the Commission$ Provided further

That foreign tourists taking into!icating li7uor in said authori6ed hotels or

establishments are e!empted from the provisions of this subparagraph.



4*5 An# person who opens in an# polling place or within a radius of thirt# meters

thereof on election da# and during the counting of votes booths or stalls of an#

kind for the sale dispensing or displa# of wares merchandise or refreshmentswhether solid or li7uid or for an# other purposes.

405 An# person who holds on election da# fairs cockfights bo!ing horse races 9ai-alai or an# other similar sports.

45 efusal to carr# election mail matter. - An# operator or emplo#ee of a publicutilit# or transportation compan# operating under a certificate of public

convenience including government-owned or controlled postal service or its

emplo#ees or deputi6ed agents who refuse to carr# official election mail mattersfree of charge during the election period. 2n addition to the penalt# prescribed

herein such refusal shall constitute a ground for cancellation or revocation of

certificate of public convenience or franchise.

4/5 Prohibition against discrimination in the sale of air time. - An# person whooperates a radio or television station who without 9ustifiable cause discriminates

against an# political part# coalition or aggroupment of parties or an# candidate in

the sale of air time. 2n addition to the penalt# prescribed herein such refusal shall

constitute a ground for cancellation or revocation of the franchise.

Section 2"2. Ot$er election offenses. - &iolation of the provisions or pertinent portions of the

following sections of this Code shall constitute election offenses$ 3ections ' %> ? ?/ ?B >(

>% >* >0 > >/ >B >? >> >' '/ 'B '? '> '' %(( %(% %(* %(0 %( %(/ %(B %(? %(>%(' %%( %%% %%* %** %*0 %*? %*> %*' %0* %0 %0/ %/ %> %/( %/* %?* %?0 %?

%?> %>( %>* %> %>/ %>B %>' %'( %'% %'* %' %'/ %'B %'? %'> *(* *(0 *( *(/

*(B *(? *(> *(' *%( *%% *%* *%0 *% *%/ *%B *%? *%> *%' **( **0 **' *0( *0%*00 *0 *0/ *0B *0' and *(.

Section 2"3. Persons criminally liable. - The principals accomplices and accessories as

defined in the evised Penal Code shall be criminall# liable for election offenses. 2f the one

responsible be a political part# or an entit# its president or head the officials and emplo#ees of

the same performing duties connected with the offense committed and its members who ma# be principals accomplices or accessories shall be liable in addition to the liabilit# of such part# or

entit#.

Section 2". Penalties. - An# person found guilt# of an# election offense under this Code shall

be punished with imprisonment of not less than one #ear but not more than si! #ears and shallnot be sub9ect to probation. 2n addition the guilt# part# shall be sentenced to suffer

dis7ualification to hold public office and deprivation of the right of suffrage. 2f he is a foreigner

he shall be sentenced to deportation which shall be enforced after the prison term has beenserved. An# political part# found guilt# shall be sentenced to pa# a fine of not less than ten

thousand pesos which shall be imposed upon such part# after criminal action has been instituted

in which their corresponding officials have been found guilt#.



2n case of prisoner or prisoners illegall# released from an# penitentiar# or 9ail during the

prohibited period as provided in 3ection *B% paragraph 4n5 of this Code the director of prisons

provincial warden keeper of the 9ail or prison or persons who are re7uired b# law to keep said prisoner in their custod# shall if convicted b# a competent court be sentenced to suffer the

penalt# of prision ma#or in its ma!imum period if the prisoner or prisoners so illegall# released

commit an# act of intimidation terrorism of interference in the election.

An# person found guilt# of the offense of failure to register or failure to vote shall uponconviction be fined one hundred pesos. 2n addition he shall suffer dis7ualification to run for

public office in the ne!t succeeding election following his conviction or be appointed to a public

office for a period of one #ear following his conviction.

Section 2"!. Prosecution. - The Commission shall through its dul# authori6ed legal officers

have the e!clusive power to conduct preliminar# investigation of all election offenses punishable

under this Code and to prosecute the same. The Commission ma# avail of the assistance of other

prosecuting arms of the government$ Provided however That in the event that the Commission

fails to act on an# complaint within four months from his filing the complainant ma# file thecomplaint with the office of the fiscal or with the +inistr# of ustice for proper investigation and

prosecution if warranted.

Section 2"". Arrest in connection ,it$ t$e election campaign. - =o person shall be arrestedandIor detained at an# time for an# alleged offense committed during and in connection with an#

election through an# act or language tending to support or oppose an# candidate political part#

or coalition of political parties under or pursuant to an# order of whatever name or nature and b#whomsoever issued e!cept onl# upon a warrant of arrest issued b# a competent 9udge after all the

re7uirements of the Constitution shall have been strictl# complied with.

2f the offense charged is punishable under a presidential decree whether originall# or b#amendment of a previous law the death penalt# shall not be imposed upon the offender e!ceptwhere murder rape or arson is involved. 2n all cases the penalt# shall not be higher than

reclusion perpetua and the offender shall be entitled to reasonable bail upon sufficient sureties to

be granted speedil# b# the competent court. +oreover loss of the right of citi6enship andconfiscation of propert# shall not be imposed.

An# officer or a person who shall violate an# provision of this section shall be punished b#

imprisonment of not less than si! 4B5 #ears and one 4%5 da# nor more than twelve 4%*5 #ears with

the accessor# penalties for election offenses. The provision of 3ection *B? of this Code shall notappl# to prosecution under this section.

Section 2"#. Prescription. - Election offenses shall prescribe after five #ears from the date of

their commission. 2f the discover# of the offense be made in an election contest proceedings the

period of prescription shall commence on the date on which the 9udgment in such proceedings becomes final and e!ecutor#.

Section 2"8. 1urisdiction of courts. - The regional trial court shall have the e!clusive original

9urisdiction to tr# and decide an# criminal action or proceedings for violation of this Code



e!cept those relating to the offense of failure to register or failure to vote which shall be under

the 9urisdiction of the metropolitan or municipal trial courts. <rom the decision of the courts

appeal will lie as in other criminal cases.

Section 2"$. Preferential disposition of election offenses. - The investigation and prosecution of

cases involving violations of the election laws shall be given preference and priorit# b# theCommission on Elections and prosecuting officials. Their investigation shall be commenced

without dela# and shall be resolved b# the investigating officer within five da#s from itssubmission for resolution. The courts shall likewise give preference to election offenses over all

other cases e!cept petitions for writ of habeas corpus. Their trial shall likewise be commenced

without dela# and shall be conducted continuousl# until terminated and the case shall bedecided within thirt# da#s from its submission for decision.

ARTICLE ''III

LEGAL FEES

Section 2#%. Collection of legal fees. - The Commission is hereb# authori6ed to collect fees asfollows$

4a5 <or furnishing certified transcript of records or copies of an# record decision or

ruling or entr# of which an# person is entitled to demand and receive a cop# for ever#

page P *.((

4b5 <or ever# certificate or writ or process %(.((

4c5 <or each certificate not on process *.((

4d5 2n appropriate cases for filing a second and succeeding motions for reconsideration/(.((

4e5 <or ever# search of an# record of more than one #ear@s standing and reading the same

%(.((

Section 2#1. 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 for the same and shall enter the

amount received upon his book specif#ing the date when received the fee and the person from

whom received. The cashier shall immediatel# report such pa#ment to the Commission.

ARTICLE ''IV

TRANSITOR) PROVISIONS

Section 2#2. Pending actions. - Pending actions and causes of action arising before the

effectivit# of this Code shall be governed b# the laws then in force.

Section 2#3. Designation of certain pre-election acts immediately after t$e approval of t$isCode. - 2f it should no longer be reasonabl# possible to observe the periods and dates herein



prescribed for certain pre-election acts in the election immediatel# following the approval of this

Code the Commission shall fi! other periods in order to ensure that voters shall not be deprived

of their right of suffrage.

Section 2#. Accreditation of dominant opposition party. - <or purposes of the ne!t local

elections in %'>B and the ne!t presidential elections in %'>? or earlier the dominant opposition part# shall be that political part# group or organi6ation or coalition of ma9or national or regional

political parties opposed to the ma9orit# part# which has the capabilit# to wage a bona fidenationwide campaign as shown b# the e!tent of its organi6ation and the number of +embers of

Parliament affiliated with it$ Provided however That with specific reference to the ne!t local

elections in constituencies which are represented in the ,atasang Pambansa b# +embers who donot belong either to the ma9orit# part# or to the political part# 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 be proposed e!clusivel# b# the part# to which said+ember of the ,atasang Pambansa belong$ Provided however That it is registered before the

ne!t local elections.

An# political part# group or organi6ation or coalition of political parties seeking accreditation

under this section shall file a verified petition with the Commission on Elections stating thereinsuch information as ma# be necessar# to enable the Commission to determine the 7ualifications

for accreditation in accordance with the standard herein provided.

The Commission on Elections shall accredit the dominant opposition part# not later than thirt#

da#s before the campaign period in ever# election.

2n case a presidential election is held before the ne!t local elections or before the presidential

election in %'>? the provisions of the Constitution shall be enforced in determining which shall

be the dominant opposition part# for purposes of the ne!t local elections.

Section 2#!. Party representatives in t$e board of election inspectors. - ntil such time as thetwo accredited political parties are determined in accordance with the provisions of the

Constitution the two members shall each be proposed b# the ruling part# and the dominant

opposition part# as ma# be determined b# the Commission pursuant to the provisions of this

Code.

Section 2#". Appropriations' and insurance for board of election inspectors. - The cost of

holding the ne!t local elections provided in this Code shall be funded out of the current

appropriations of the Commission on Elections provided for this purpose. 2n case of deficienc#

additional funding ma# be provided out of the special activities fund intended for special priorit#activities authori6ed in the :eneral Appropriations Act.

The chairman and the poll clerk of the board of election inspectors shall receive per diem at the

rate of one hundred pesos on election da# and fift# pesos on each of the registration and revisionda#s. The inspectors of the political parties shall be granted a per diem of fift# pesos on election

da# and twent#-five pesos on each of the registration and revision da#s. Education support



personnel of the +inistr# of Education Culture and 3ports shall receive a per diem of twent#-

five pesos during election da#.

3upervisors principals and other administrators of the +inistr# of Education Culture and 3portswho ma# be asked b# the Commission and actuall# report for supervisor# assignment during

registration and election da# shall be entitled to a per diem of fift# pesos.

The provincial cit# and municipal treasurers shall receive per diem at the rate of one hundred

pesos on election da#.

Pa#ments of per diems under this section shall be made within sevent#-two hours after theelection or registration da#.

The chairman poll clerk and part# representatives in the board of election inspectors shall be

insured with the government 3ervice 2nsurance 3#stem at fift# thousand pesos each under terms

and conditions that shall be agreed upon b# the Chairman of the Commission the +inistries of

the ,udget and the +inister of Education Culture and 3ports.

Section 2##. #pecial election for President before 4567. - 2n case a vacanc# in the Office of the

President occurs before the presidential election in %'>? the 3peaker of the ,atasang Pambansashall act as President until a President and a &ice-President or either of them shall have been

elected and shall have 7ualified. Their term of office shall commence at noon of the tenth da#

following their proclamation and shall end at noon on the thirtieth da# of une of the si!th #ear

thereafter.

The Acting President ma# not declare martial law or suspend the privilege of the writ of habeas

corpus without the prior consent of at least a ma9orit# of all the +embers of the ,atasang

Pambansa or issue an# decree order or letter of instructions while the lawmaking power of thePresident is in force. 1e shall be deemed automaticall# on leave and the 3peaker Pro-Temporeshall act as 3peaker. 8hile acting as President the 3peaker ma# not be removed. 1e shall not be

eligible for election in the immediatel# succeeding election for President and &ice-President.

The ,atasang Pambansa shall at ten o@clock in the morning of the third da# after the vacanc#occurs convene in accordance with its rules without need of a call and within seven da#s enact a

law calling for a special election to elect a President and a &ice-president to be held not earlier

than fort#-five da#s nor later than si!t# da#s from the time of such call. The bill calling such

special election shall be deemed certified under paragraph 4*5 3ection %' Article &222 of theConstitution and shall become law upon its approval on third reading b# the ,atasang Pambansa.

Appropriations for the special election shall be charged against an# current appropriations andshall be e!empt from the re7uirements of paragraph 45 3ection %B of Article &222 of theConstitution. As provided in the third paragraph 3ection ' of Article &22 thereof the convening

of the ,atasang Pambansa cannot be suspended nor the special election postponed. =o special

election shall be called if the vacanc# occurs within sevent# da#s before the date of the presidential election of %'>?.



Appointments e!tended b# the Acting President shall remain effective unless revoked b# the

newl# elected President within ninet# da#s from his assumption of office.

Section 2#8. #pecial election to fill existing vacancies in t$e %atasang Pambansa. - The electionof +embers to fill e!isting vacancies in the ,atasang Pambansa shall be held simultaneousl#

with the ne!t local election in %'>B or in the ne!t special national election for President and&ice-President if one is held earlier.

Section 2#$. Elective officials in existing sub-provinces. - The election of elective publicofficials in e!isting sub-provinces shall likewise be held simultaneousl# with the ne!t local

elections of %'>B and %''( in accordance with their respective charters sub9ect to the same term

7ualifications manner of election and resolution of election controversies as are herein providedfor comparable provincial elective officials.

ARTICLE ''V

FINAL PROVISIONS

Section 28%. !eorgani*ation of t$e Commission on Elections. - 2n order to promote ma!imum

efficienc# in carr#ing out its constitutional dut# to insure free orderl# and honest elections andin discharging its 9udicial powers and functions under the Constitution the Commission is

hereb# authori6ed to reorgani6e its office within twelve months after the first election to be held

under this Code. 2t ma# create merge or abolish departments offices divisions or unitsredistribute functions and reassign personnel change designations of e!isting positions sub9ect to

pertinent e!isting laws and regulations. 2t ma# recommend the levels and rates of salaries of its

subordinate officials and emplo#ees sub9ect to the laws and regulations on civil service andcompensation position classification and standardi6ation of salaries$ Provided That no

permanent official or emplo#ee alread# in the service of the Commission upon approval of this

Code shall be laid off or demoted in rank or salar#.

Section 281. #eparability clause. - 2f for an# reason an# section or provision of this Code or an# portion thereof or the application of such section provision or portion to an# person group or

circumstance is declared invalid 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 affected b# such declaration.