Election Law (Chapters 5 - 9)

8/17/2019 Election Law (Chapters 5 - 9)

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LAW ON ELECTIONS - AGPALO

CHAPTER V: CAMPAIGN AND EXPENDITURES

5.67 GENERALLY

• It shall be unlawful for any person to engage in an election

campaign or partisan political activity except during the campaign

period

o However, political parties may hold political conventions or

meetings to nominate their ocial candidates within (30)

days before campaign period and (!) days for "residential

and #ice$"residential election

• %ection & of 'rticle I of the onstitution provides that, *election

period shall commence (&0) days before the day of election and

shall end (30) days thereafter

• %ection +0 of the ode prohibits any election campaign or partisan

political activity outside the campaign period

• lection ampaign or "artisan "olitical 'ctivity - act designated to

promote the election or defeat of a particular candidate.s to a

public oce

• andidate - one who has /led his certi/cate of candidacy (/led on

any day not later than the day before the beginning of the election

period or campaign period)

• ngaging in partisan political activity in favor, or against, a person

who has not /led a is not prohibited

• %ection 1 of 2' 4115

Section 6. Nomination and Selection of Ocial Candidates. $ 6o

political convention or meeting for the nomination or selection of

the ocial candidates of any political party or organi7ation or

political groups or coalition thereof shall be held earlier than the

following periods5(a) 8or "resident, #ice$"resident and %enators, one hundred sixty$

/ve (41!) days before the day of the election9 and

(b) 8or :embers of the House of 2epresentatives and elective

provincial, city or municipal ocials, seventy$/ve (!) days

before the day of the election;

5.68 INTERVENTIN ! !REIGNERS

• 8oreigner, whether uence in any manner, or to contribute or ma=e any

expenditure in connection with any party

5.6" LA#!UL ELECTIN PRPAGANDA

• ?he following are lawful election propaganda5

Sec. 8$. @awful election propaganda; $ @awful election propaganda

shall include5

(a) "amphlets, lea>ets, cards, decals, stic=ers or other written or

printed materials of a si7e not more than eight and one$half inches

in width and fourteen inches in length9(b) Handwritten or printed letters urging voters to vote for or

against any particular candidate9

(c) loth, paper or cardboard posters, whether framed or posted,

with an area exceeding two feet by three feet, except that, at the

site and on the occasion of a public meeting or rally, or in

announcing the holding of said meeting or rally, streamers not

exceeding three feet by eight feet in si7e, shall be allowed5

"rovided, ?hat said streamers may not be displayed except one

wee= before the date of the meeting or rally and that it shall be

removed within seventy$two hours after said meeting or rally9 or

(d) 'll other forms of election propaganda not prohibited by thisode as the ommission may authori7e after due notice;

Re%&'(ic Act No. "))6

Section *. Lawful Election Propaganda. - lection propaganda,

whether on television, cable television, radio, newspapers or any other

medium is hereby allowed for all registered political parties, national,

regional, sectoral parties or organi7ations participating under the party

list elections and for all bona /de candidates see=ing national and local

elective positions sub


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Provided, ?hat said streamers may be displayed /ve (!) days

before the date of the meeting or rally and shall be removed within

twenty$four (A) hours after said meeting or rally9

3;; "aid advertisements in print or broadcast media5 Provided,

?hat the advertisements shall follow the reBuirements set forth in

%ection of this 'ct9 and

3;!; 'll other forms of election propaganda not prohibited by the

mnibus lection ode or this 'ct;Section +. Requirements for Publised or Printed and !roadcast Election

Propaganda. - ;4; 'ny newspaper, newsletter, newswee=ly, ga7ette or

maga7ine advertising, posters, pamphlets, comic boo=s, circulars,

handbills, bumper stic=ers, streamers, sample list of candidates or any

published or printed political matter and any broadcast of election

propaganda by television or radio for or against a candidate or group of

candidates to any public oce shall bear and be identi/ed by the

reasonably legible or audible words Cpolitical advertisement paid for,C

followed by the true and correct name and address of the candidate or

party for whose bene/t the election propaganda was printed or aired;

;A; If the broadcast is given free of charge by the radio or

television station, it shall be identi/ed by the words Cairtime for

this broadcast was provided free of charge byC followed by the true

and correct name and address of the broadcast entity;

;3; "rint, broadcast or outdoor advertisements donated to the

candidate or political party shall not be printed, published,

broadcast, or exhibited without the written acceptance by the said

candidate or political party; %uch written acceptance shall be

attached to the advertising contract and shall be submitted to the

:@ as provided in %ubsection 1;3; hereof;

Section 5. Election Surve"s. - !;4; lection surveys refer to the

measurement of opinions and perceptions of the voters as regards a

candidateDs popularity, Buali/cations, platforms or a matter of publicdiscussion in relation to the election, including votersD preference for

candidates or publicly discussed issues during the campaign period

(hereafter referred to as C%urveyC);

!;A; Euring the election period, any person, natural as well as


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1;A; (a) ach bona /de candidate or registered political party for a

nationally elective oce shall be entitled to not more than one

hundred twenty (4A0) minutes of television advertisement and one

hundred eighty (4+0) minutes of radio advertisement whether by

purchase or donation;

(b) ach bona /de candidate or registered political party

for a locally elective oce shall be entitled to not more

than sixty (10) minutes of television advertisement andninety (&0) minutes of radio advertisement whether by

purchase or

8or this purpose, the :@ shall reBuire any broadcast station

or entity to submit to the :@ a copy of its broadcast logs

and certi/cates of performance for the review and veri/cation of

the freBuency, date, time and duration of advertisements

broadcast for any candidate or political party;

1;3; 'll mass media entities shall furnish the :@ with a copy

of all contracts for advertising, promoting or opposing any political

party or the candidacy of any person for public oce within /ve (!)

days after its signing; In every case, it shall be signed by the

donor, the candidate concerned or by the duly authori7ed

representative of the political party;

1;; 6o franchise or permit to operate a radio or television stations

shall be granted or issued, suspended or cancelled during the

election period;

In all instances, the :@ shall supervise the use and

employment of press, radio and television facilities insofar or the

placement of political advertisements is concerned;

?he :@ shall ensure that radio or television or cable

television broadcasting entities shall not allow the scheduling of

any program or permit any sponsor to manifestly favor or oppose

any candidate or political party by unduly or repeatedly referring toor including said candidate and.or political party in such program

respecting, however, in all instances the right of said broadcast

entities to air accounts of signi/cant news or news worthy events

and views on matters of public interest;

1;!; 'll members of media, television, radio or print, shall

scrupulously report and interpret the news, ta=ing care not to

suppress essential facts or to distort the truth by omission or

improper emphasis; ?hey shall recogni7e the duty to air the other

side and the duty to correct substantive errors promptly;

1;1; 'ny mass media columnist, commentator, announcer,

reporter, on$air correspondent or personality who is a candidate for

any elective public oce or is a campaign volunteer for or

employed or retained in any capacity by any candidate or political

party shall be deemed resigned, if so reBuired by their employer,

or shall ta=e a leave of absence from his.her wor= as such during

the campaign period5 Provided& ?hat any media practitioner who is

an ocial of a political party or a member of the campaign staF of

a candidate or political party shall not use his.her time or space to

favor any candidate or political party;1;; 6o movie, cinematograph or documentary portraying the life

or biography of a candidate shall be publicly exhibited in a theater,

television station or any public forum during the campaign period;

1;+; 6o movie, cinematograph or documentary portrayed by an

actor or media personality who is himself a candidate shall be

publicly exhibited in a theater, television station or any public

forum during the campaign period;

Section 7. #rmative #ction b" te CO$ELEC. - ;4; "ursuant to %ections

&0 and &A of the mnibus lection ode (Gatas "ambansa Gldg; ++4), the

:@ shall procure the print space upon payment of


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scheduled within the tenth and eleventh wee= of the campaign

period;

?he sponsoring television or radio networ= may sell air$time for

commercials and advertisements to interested advertisers and sponsors;

?he :@ shall promulgate rules and regulations for the holding of

such debates;

Section 8. CO$ELEC Space and %ime. - ?he :@ shall procure shall

in at least one (4) newspaper of general circulation and air time in at leastone (4) ma


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o ontribution also includes the use of facilities voluntarily

donated by other persons, the money value of which can

be assessed based on the rates prevailing in the area

5.7, PRHI-ITED CNTRI-UTINS

Sec. "5. Proibited contributions. $ 6o contribution for purposes of

partisan political activity shall be made directly or indirectly by any

of the following5(a) "ublic or private /nancial institutions5 "rovided, however, ?hat

nothing herein shall prevent the ma=ing of any loan to a candidate

or political party by any such public or private /nancial institutions

legally in the business of lending money9

(b) 6atural and


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'ny provision of law to the contrary notwithstanding any contribution

in cash or in =ind to any candidate or political party or coalition of

parties for campaign purposes, duly reported to the ommission shall

not be sub


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triplicate and submitted together with the photocopy of his.her

overseas absentee voter certi/cate of registration;

44;A; very application to vote in absentia may be done personally

at, or by mail to, the embassy, consulate or foreign service

establishment, which has


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submit a report thereon to the Loint ongressional versight

ommittee;

Sec. ,7. #oting by :ail; -

4;4; 8or the :ay, A00 elections, the ommission shall authori7e

voting by mail in not more than three (3) countries, sub


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and reliable the erti/cates of anvass and the %tatements of

#otes to the ommission, and shall cause to preserve the same

immediately after the conclusion of the canvass, and ma=e it

available upon instructions of the ommission; ?he %pecial Goard

of anvassers shall also furnish the accredited mauence of the ommission;

4+;1; In the preparation of the /nal tally of votes on the results of

the national elections, the ommission shall ensure that the votes

canvassed by each and every country shall be re>ected as a

separate item from the tally of national votes; 8or purposes of this

'ct, the returns of every election for president and vice$president

prepared by the %pecial Goard of anvassers shall be deemed a

certi/cate of canvass of a city or province;

4+;; Nhere feasible, the counting and canvassing of votes shall be

automated; ?owards this end, the ommission is hereby authori7edto borrow, rent, lease or acBuire automated voting machines for

purposes of canvassing and counting of votes pursuant to the

provisions of this 'ct, and in accordance with the Implementing

2ules and 2egulations promulgated by the ommission;

6.78 CASTING ! VTES UNDER THE MNI-US ELECTIN CDE

O the board of election inspectors, composed of three teachers, supervises

the voting;

O voting on election day - to start at am in the morning and shall end at

3pm, except when there are voters present within thirty meters in front of

the polling place who have not yet cast their vote, in which case the voting

shall continue but only to allow said voters to cast without interruption;

"rocedure5

4; #oter to approach the chairman and give his name, address,

together with other data concerning the person;

A; In case of doubt as to the identity of the voter, the board of

election inspectors shall chec= his voterMs identi/cation card, or to

his photograph and signature in the voterMs application forregistration;

3; If the board is satis/ed with his identity, the chairman shall

announce the voterMs name in a loud voice;

; If no challenge, or if challenged was decided in his favor, voter

shall sign the voting record,

!; ?he chairman shall deliver to the voter one ballot correctly folded -

only chairman shall deliver and only one ballot shall be delivered at

any time;

1; ?he voter shall proceed to one of the empty voting booths and /ll

the ballot with his votes;

Illiterate or Eisabled :ay #ote

- will be assisted by a relative or by any person of his con/dence who

belongs to the same household, or any member of the board of election

inspectors;

$ the person assisting shall bind himself in a formal document under

oath to /ll out the ballot strictly in accordance with the instructions

of the voter and not to reveal the contents of the ballot prepared

by him

$ #iolation will be an lection Fense

6.7" CUNTING ! VTES

'fter voting is /nished - board of election inspectors shall publiclycount in the polling place the votes cast and ascertain the results

%hall complete everything before they ad


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written in words and /gures, the number of the precinct, the name of the

city or municipality and province, the total number of voters who voted in

the precinct and the date and time issued, and shall be signed and thumb

mar=ed by each member of the board;

Section ,7. Certi/cate of 0otes as Evidence. $ ?he provisions of %ections

A3! and A31 of Gatas "ambansa Glg; ++4 notwithstanding, the certi/cate

of votes shall be admissible in evidence to prove tampering, alteration,falsi/cation or any anomaly committed in the election returns concerned,

when duly authenticated by testimonial or documentary evidence

presented to the board of canvassers by at least two members of the board

of election inspectors who issued the certi/cate5 "rovided, ?hat failure to

present any certi/cate of votes shall be a bar to the presentation of other

evidence to impugn the authenticity of the election returns;

?rue 8unctions of a erti/cate of #ote5

4) to prevent or deter the members of the board of election

inspectors or other ocials from altering the statements because

they =now of the existence of such certi/cate

A) to advise the candidate de/nitely of the number of his votes, so

that in case the election statement submitted to the board of

canvassers does not tally with the certi/cate in his hands, he may

as= that the other authentic copy be used for the canvass

3) to serve as evidence of fraud in election protest and in subseBuent

prosecution of election oFenses against those liable therefore;

A. CANVASS AND PRCLAMATIN

6.8, -ARD ! CANVASSERS0 DUTY T PRCLAIM

anvass of election returns and certi/cates of canvass of votes is

underta=en by the boards of canvassers, which will ma=e the proclamationof the winning candidates of local and congressional candidates;

2efusal of board of canvassers to proclaim winning candidate or erroneous

proclamation of a candidate - election oFense

6.8$ ELECTINS RESULTING IN TIE

If there is a tie - drawing of lots of the candidates

6.8* #HERE THERE IS NLY NCE CANDIDATE IN A SPECIAL

ELECTIN

%ection A of 2' +A&! - the sole candidate is the winner

6.8+ CANVASS ! VTES !R SENATRS

%ection Aof 6 45 hairman and members of the commission on

lections sitting en banc shall be the 6ational Goard of anvassers in

the election of senators;

6.85 CANVASS ! VTES !R PRESIDENT AND VICE1PRESIDENT

ongress - board of canvassers of votes for "resident and #ice

"resident;%ection 30, 2' 4115 8unctions of ongress in the anvass of #otes for

"resident and #ice "resident;

Section *). Congress as te National !oard of Canvassers for te Election

of President and 0ice1President- 2etermination of #utenticit" and 2ue

E,ecution of Certi/cates of Canvass. $ ongress shall determine the

authenticity and due execution of the certi/cate of canvass for "resident

and #ice$"resident as accomplished and transmitted to it by the local

boards of canvassers, on a showing that5 (4) each certi/cate of canvass

was executed, signed and thumb mar=ed by the chairman and members of

the board of canvassers and transmitted or caused to be transmitted to

ongress by them9 (A) each certi/cate of canvass contains the names of all

of the candidates for "resident and #ice$"resident and their corresponding

votes in words and in /gures9 and (3) there exists no discrepancy in other

authentic copies of the certi/cate of canvass or discrepancy in the votes of

any candidate in words and /gures in the certi/cate;

Nhen the certi/cate of canvass, duly certi/ed by the board of canvassers

of each province, city or district, appears to be incomplete, the %enate

"resident shall reBuire the board of canvassers concerned to transmit by

personal delivery, the election returns from polling places that were not

included in the certi/cate of canvass and supporting statements; %aid

election returns shall be submitted by personal delivery within two (A) days

from receipt of notice;Nhen it appears that any certi/cate of canvass or supporting statement of

votes by precinct bears erasures or alterations which may cast doubt as to

the veracity of the number of votes stated therein and may aFect the

result of the election, upon reBuest of the "residential or #ice$"residential

candidate concerned or his party, ongress shall, for the sole purpose of

verifying the actual number of votes cast for "resident and #ice$"resident,

count the votes as they appear in the copies of the election returns

submitted to it;

6.86 PRCLAMATIN MUST -E THE RESULT ! !REE AND

HNEST ELECTIN

ANTONIO | BONDOC | FAJARDO | MACARAEG | PIMENTEL | SINGZON | TELAN 10


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Euty to ma=e a canvass is not deemed complied with until5

4) upon the completion of the canvass and separate statements of all

the votes received by the candidates shall have been made

A) the board of canvassers shall have proclaimed, in accordance with

said statements, who have been elected

proclamation of the candidates who won $ @ast 'ct necessary to complete

the election9 2esult of free, Honest, orderly election

1;+4 8ailure to assume oce proscribed

%ection 44 of mnibus ode - oce of any ocial elected who fails or

refuses to ta=e his oath of oce within six months from his proclamation

shall be considered vacant, unless said failure is for a cause or causes

beyond his control;

C23%te VII: Pe1Poc(343tion Contoeie

7.88 DE!INITIN

• 2efers to any of the following proceedings which are initiated

before the proclamation of winning candidates5o Puestions pertaining to or aFecting the proceedings of the

board of canvassers raised by any candidate or by any

registered political party or coalition of political parties

before the board or directly with the ommission ;g; :embers of Goard do not hold legal

appointments or are in fact usurperso Issues raised under %ecs; A3A, A3, A3!, and A31 of the

mnibus lection ode relating to the preparation,

transmission, receipt, custody, and appreciation of the

election returns and certi/cates of canvass brought in the

/rst instance before the board of canvassers only

(appealable to the :@ within + hours) numeration of grounds is restrictive and exclusive

• "urpose of a pre$proclamation controversy is to ascertain winner(s)

in the elections on the basis of the election returns duly

authenticated by the board of inspectors and admitted by the

board of canvassers

• ' pre$proclamation controversy is summary in nature to minimi7e

delay as little as possible;o Hence, Buestions involving the appreciation of the votes

and the conduct of the campaign and the balloting, which

reBuire more deliberate and necessarily longer

consideration, are left for examination in the corresponding

election protest

7.8" N PRE1PRC CASES IN ELECTINS !R PRESIDENT VP

AND MEM-ERS ! CNGRESS

• Jnder %ec; 4! of 2' 411 disallowed pre$proclamation cases

o Gut canvassing body motu proprio or upon written

complaint of interested persons have authority to correctmanifest errors in the cert; of canvass or election returns

before ito Puestions aFecting composition or proceedings of the

board of canvassers may be initiated in the board or

directly with :@o 'ny ob


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• :@ has no authority, in a pre$proc case, to annul the

proclamation of a candidate or suspend the proclamation or its

eFects w.o prior notice and hearing;

• A ways annulment proceedings may be initiated5

o wn initiative

o Nritten complaint

• %uspension of proclamation by :@ reBuires prior hearing, in

w.c the respondent is given notice and opportunity to present hisevidence, and that the complainantMs evidence of guilt of the

respondent is strong;

7."$ ISSUES ! PRE1PRC CNTRVERSY

• "roper issues that may be raised5

o Illegal composition or proceedings of the board of

canvasserso anvassed returns are incomplete, contain material

defects, appear to be tampered with or falsi/ed, or

contain discrepancies in the same returns or in other

authentic copies thereof (%ec; A33, A3, A3!, and A31

of the G)o lection returns were prepared under duress, threats,

coercion, or intimidation, or they are obviously

manufactured or not authentico %ubstitute or fraudulent returns in controverted polling

places were canvassed, the results of which materially

aFected the standing of the aggrieved candidate or

candidates

7."* PRE1PRC CNTRVERSY0 SCPE AND LIMITS

• %cope (see ;&A) is restrictive and exclusive

• 'll pre$proc controversies shall be disposed of summarily

(Goard $O :@, appellate


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any physical signs of tampering, alteration, or other similar

vice;

7."6 SPURIUS ! RETURNS MUST -E SH#N N !ACE !

RETURNS0 EXCEPTINS

• ?hat the election returns were obviously manufactured must be

evident from the face of said documents

•

'bsence of a strong evidence establishing spuriousness of thereturns, the basic rule that election returns shall be accorded

prima facie status as bona /de reports of the results of the count of

the votes for canvassing and proclamation must prevail;

• %trong evidence of spuriousness of the election returns, other than

the returns themselves, may be accepted to impugn the returns

7."7 MATERIAL DE!ECTS IN THE ELECTIN RETURNS

• Nhere the ob


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7.,)* REMEDY IN CASE ! MANI!EST ERRRS #HERE CANDIDATE

HAS -EEN PRCLAIMED

• andidate already proclaimedS 2emedy is a %etition to 3nn&(

t2e %oc(343tion. :@ will direct the board of canvassers

to reconvene and to ma=e the necessary corrections and on the

basis thereof proclaim the true winner

• Eiscrepancies between the votes in words./gures and taras.tallyS

?aras.tally prevails

7.,)+ CNTESTED ELECTIN RETURNS

• "re$proc cases are deemed terminated at the beginning of the term

of oce and the ruling of the board of canvassers is deemed /nal;

Gut this does not preclude the /ling of an election protest with the

:@; "re$proc cases should be disposed of at the end of

days;

• 'ny party /ling a pre$proc case should submit their oral and

written ob


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(4) ?hose which pertain to the casting and counting of votes and raise the

Buestion as to who received the ma


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However, such


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aspirant for the nomination or selection of

candidates;

e. T2e3t inti4i?3tion teoi4 &e o@ @3&?&(ent

?eice o ot2e @o4 o@ coecion.

a; ommitted by any person9

b; Nho, directly or indirectly, intimidates or actually

causes, in>icts or produces any violence, ine?

t2e3t etc. 2ic2 3tten?e? t2e %e%33tion o@ 3i?

et&n 4&t 23e 3ecte? t2e e>&(3it= o t2e

>en&inene o@ t2e contete? et&n.

@. Coecion o@ e(ection oci3( 3n? e4%(o=ee.

a; ommitted by any person9

b; Nho, directly or indirectly, threatens, intimidates,

terrori7es, or coerces,

c; 'ny election ocial or employee in the performance of

his election functions or duties;

>. A%%oint4ent o@ ne e4%(o=ee ce3tion o@ ne

%oition %o4otion o >iin> 3(3= ince3e it2in

t2e e(ection %eio?.

,.a; ommitted during the period of ! days before a

regular election and 30 days before a special election9

b; ommitted by any head, ocial or appointing ocer of

a government oce, agency, instrumentality, whether

national or local, including K9

i; Nho appoints or hires any new employee,

whether provisional, temporary, or cause or

creates and /lls any position "? upon prior

authority of the :@;

T2e Co44iion 23(( not >3nt t2e 3&t2oit=

o&>2t &n(e

4; It is satis/ed that the position to be /lled is

essential to the proper functioning of the

oce or agency concerned, and

A; ?he position shall not be /lled in a manner

that may in>uence the election;

"?I65 ' new employee may be appointed in case of

urgent need; In such case, notice of the appointment shall

be given to the ommission within three days from thedate of the appointment; 'ny appointment or hiring in

violation of this provision shall be null and void;

$; ommitted by any government ocial9

i; Nho promotes, or gives any increase of salary

or remuneration or privilege to any

government ocial or employee, including

those in K;

2. T3n@e o@ oce 3n? e4%(o=ee in t2e cii( eice

it2in t2e e(ection %eio?.

a; ommitted by any public ocial

b; Nho ma=es or causes any transfer or detail whatever

of any ocer or employee in the civil service including

public school teachers

c; Nithin the election period "? prior approval of the

:@;

(?he transfer or detail of a government ocer or employee will not

be penali7ed if done to promote eciency in the government

service;)

F To e(e4ent 4&t 'e et3'(i2e? to %oe io(3tion o@

t2e (3:

a; ?he fact of transfer or detail within the election period as

/xed by the :@9 and

b; %uch transfer or detail was eFected without prior approvalof the :@ in accordance with its implementing rules

and regulations;

i. Inteenin> o@ %&'(ic oce 3n? e4%(o=ee in t2e cii(

eice in 3n= %3ti3n %o(itic3( 3ctiit=.

a; ommitted by any ocer or employee in the civil

service, any ocer, employee, or member of the

'rmed 8orces of the "hilippines, or any police force,

special forces, home defense forces, barangay self$

defense units and all other para$military units that now

exist or which may hereafter be organi7ed, "?

those holding political oces9



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b; Nho directly or indirectly, intervenes in any election

campaign or engages in any partisan political activity

"? to vote or to preserve public order if he is a

peace ocer;

. Ue o@ &n?&e in&ence.

a; It is unlawful for any person

i; ?o promise any oce or employment, public or

private, or oFer to ma=e an expenditure,directly or indirectly, or to cause an

expenditure to be made to any person,

association or corporation or entity, which may

induce anyone or the public in general, either

ii; ?o vote or withhold his vote, or to vote for or

against any candidate in an election or any

aspirant for the nomination or selection of an

ocial candidate in a convention of a political

party;

b; It is unlawful for any person, association, corporation or

community

i; ?o solicit or receive, directly or indirectly any

expenditure or promise any of the foregoing

considerations;

. Un(3@&( e(ectioneein>.

a; It is unlawful to solicit votes or underta=e any

propaganda

b; n the day of the registration before the board of

election inspectors and on the day of the election9

c; 8or or against any candidate or any political party

within the polling place and within a radius of 30

meters thereof;

(. Di4i3( o@ e4%(o=ee (3'oe o ten3nt @o e@&in>o @3i(in> to ote @o 3n= c3n?i?3te.

a; 6o employee or laborer shall be dismissed, nor a

tenant be e3( e(e3e o %ione 'e@oe 3n? 3@te e(ection.

a; ommitted by the Eirector of the Gureau of

orrections, any provincial warden, the =eeper of the


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by its subdivisions, agencies or instrumentalities,

including K, or by the '8"9 or

c; 'ny eBuipment, vehicle, facility, apparatus, or

paraphernalia owned by the government or by its

political subdivisions, agencies, including K, or by

the '8" for any election campaign or for any partisan

political activity;

%. C3=in> ?e3?(= e3%on it2in t2e %o2i'ite? 3e3.a; ommitted by any person

b; Nho carries any deadly weapon in the polling place

and within the radius of 400 meters thereof during the

days and hours /xed by law for the registration of

voters in the polling place, voting, counting of votes, or

preparation of election returns;

c; However, in cases of aFray, turmoil or disorder, any

peace ocer or public ocer authori7ed by the

:@ to supervise the election is essential to carry

/rearms or any of other weapons for the purpose of

preserving order and enforcing the law;

d; ?o support conviction, it is not necessary that the

deadly weapon should have been sei7ed from the

accused while he was in the precinct or within a radius

of 400 meters there from; It is enough that the accused

carried the deadly weapon *in the polling place and

within a radius of 400 meters thereof;

. C3=in> Je34 o&ti?e t2e ei?ence o %(3ce o@

'&ine.

a; ommitted by any person who, although possessing

permits to carry /rearms9

b; arries any /rearms outside his residence or place of

business during the election periodc; J6@%% authori7ed in writing by the :@;

d; ' motor vehicle, water or aircraft shall not be

considered a residence or place of business or

extension hereof;

e; ?his prohibition %H'@@ 6? '""@U to cashiers and

disbursing ocers while in the performance of their

duties or to persons, who by nature of their ocial

duties, profession, business or occupation habitually

carry large sums of money or valuables;

. Ue o@ 34oe? (3n? e2ic(e 3te o 3ic3@t ?&in>

t2e c34%3i>n %eio?.

a; ommitted by any person

b; Euring the campaign period, on the day before and on

election day

c; Jses any armored land, water, or aircraft9

d; "rovided with any temporary or permanent eBuipment

or any other device or contraption for the mounting or

installation of canons, machine guns and other similar

high caliber /rearms, including military - type tan=s,half truc=s, scout truc=s, armored truc=s, of any ma=e

or model, whether new, reconditioned, rebuilt or

remodeled;

Gan=ing or /nancial institutions and all business /rms may use not

more than A armored vehicles strictly for, and limited to, the

purpose of transporting cash, gold bullion, or other valuables in

connection with their business from and to their place of business,

upon previous authority of the :@;

. #e3in> o@ &ni@o4 3n? 'e3in> 34 o&ti?e t2e

i44e?i3te icinit= o@ one %(3ce o@ o.

a; It is committed by any member or security or police

organi7ation of government agencies, commissions,

councils, bureaus, oces of K, or privately owned

or operated security, investigative, protective, or

intelligence agencies

i; Nho wears his uniform or uses his insignia,

decorations or regalia, or bears arms outside

the immediate vicinity of his place or wor=;

ii; Euring the campaign period, on the day before

and on election day9

iii; ?he prohibition shall not apply when said

member is in pursuit of a person who has

committed or is committing a crime in thepremises he is guarding9 or when escorting or

providing security for the transport of payrolls,

deposits, or other valuables9 or when guarding

the residence of private persons or when

guarding private residences, building, or

oces; ("rior written approval of the :@

shall be obtained; ?he ommission shall decide

all applications for authority within 4! days

from the date of the /ling of such application;)

b; ommitted by any member of the '8", special forces,

home defense forces, barangay self$defense units and



20/26


all other para$military units that now exist or which

may hereafter be organi7ed

i; Nho wears his uniform or bears arms outside

the camp, garrison or barrac=s to which he is

assigned or detailed or outside their homes, in

case of para$military units, J6@%%5

4; ?he "resident of the "hilippines shall

have given previous authoritytherefore9 and

A; ?he :@ authori7es him to do so,

which authority it shall give only when

necessary to assist in maintaining free,

orderly and honest elections, and only

after due notice and hearing;

ii; Euring the same period, and ending 30 days

thereafter;

Euring the election period, whenever the ommission /nds it

necessary for the promotion of free, orderly, honest and peaceful

elections in a speci/c area, it shall con/scate or order the

con/scation if /rearms of any member or member of the '8",

police forces, home defense forces, barangay self$defense units,

and all other para$military units that, now exist, or which may

hereafter be organi7ed, or any member or members of the security

or police organi7ation of government departments, commissions,

councils, bureaus, oces, instrumentalities, or K and other

subsidiaries, or of any member or members of privately owned or

operated security, investigative, protective or intelligence agencies

performing identical or similar functions;

t. Actin> 3 'o?=>&3? o ec&it= in t2e c3e o@

%o(ice4en 3n? %oinci3( >&3? ?&in> t2e c34%3i>n

%eio?.a; Euring the campaign period, on the day before and on

election day9

b; It is committed by any member of the "6", the '8",

special forces, home defense forces, barangay self$

defense units, and any other para$military units that

now exist or which hereafter be organi7ed

c; Nho acts as bodyguard or security guard of any public

ocial, candidate or any other person, any of the latter

who utili7es the services of the former as bodyguard or

security guard;

d; 'fter due notice and hearing, when the life and security

of a candidate is in t2e e(ection

%eio?.

a; ommitted by any person who organi7es or maintains

a reaction force, stri=e force or similar forces during the

election period9

b; ?he heads of all reaction forces, stri=e forces, or similar

forces shall, not later ! days before the election;

%ubmit to the :@ a complete list of all members

thereof with such particulars as the ommission may

reBuire;

. Re(e3e ?i'&e4ent o eB%en?it&e o@ %&'(ic @&n?

?&in> t2e %o2i'ition %eio?.

a; ommitted by any public ocial or employee including

barangay ocials and those of K and their

subsidiaries9

b; Euring ! days before a regular election and 30 days

before a special election, releases, disburses or

expends any public funds for any and all =inds of public

wor=s,4; 'ny and all =inds of public wor=s, "?5

i; :aintenance of existing and.or completed

public wor=s pro


21/26


ii; Nor= underta=en by contract through public

bidding held, or by negotiated contract

awarded, before the !$day period before

election; Nor= underta=en under the so$called

*ta=ay or *paBuiao system shall not be

considered as wor= by contract;

iii; "ayment for the usual cost of preparation for

wor=ing drawings, speci/cation, bills of materials, estimates, and other procedures

preparatory to actual construction including

the purchase of materials and eBuipment, and

all incidental expenses of wages of watchmen

and other laborers employed for such wor= in

the central oce and /led storehouses before

the beginning of such period; ?he number of

such laborers shall not be increased over the

number hired when the pro t2e %o2i'ition%eio?.

Euring the period of ! days preceding a regular election and 30

days before a special election, it is committed by any person who5

a; Jnderta=es the construction of any public wor=s,

except for pro t2e e(ection

%eio? it2o&t %io 3%%o3( o@ t2e CMELEC.

?he provisions of law to the contrary notwithstanding during

election period, it is committed by any public ocial whosuspends, without prior approval of the :@, any elective,

provincial, city, municipal or barangay ocer, unless said

suspension will be for purposes of applying the *'nti$Kraft and

orrupt "ractices 'ct in relation to the suspension and removal of

elective ocials;

=. Po2i'ition e(3tin> to e>it3tion o@ ote:

'ny person who5

i; Having all the Buali/cations and none of the disBuali/cations

of a voter who fails without


22/26


aforementioned registration forms, or any person who

tampers with the /ngerprints of said registration records9

iv; 'ny member of the Goard of lection Inspectors who

approves any application which on its face shows that the

applicant does not possess all the Buali/cations prescribed

by law for a voter9 or who disapproves any application which

on its face shows that the applicant possesses all such

Buali/cations9v; Geing a registered voter, registers anew without /ling an

application for cancellation of his previous registration9

vi; 2egisters in substitution for another, whether with or without

the latterMs =nowledge or consent9

vii; ?ampers with or changes without authority any data or entry

in any voterMs application for registration9

viii; Eelays; Hinders or obstructs another from registering9

ix; 8alsely certi/es or identi/es another as a bona /de resident

of a particular place or locality for the purpose of securing

the latterMs registration as a voter9

x; Jses the voterMs adavit of another for the purpose of

voting, whether or not he actually succeeds in voting9xi; "laces, inserts or otherwise includes as approved application

for registration in the boo= of voters or in the provincial or

national central /les of registered voters, the application of

any /ctitious voter or any application that has not been

approved9 or removes from, or otherwise ta=es out of the

boo= of voters or the provincial or national central /les of

registered voters any duly approved voterMs application

"? upon unlawful order of the :@, or of a

competent court or after proper cancellation9

xii; ?ransfers or causes the transfer of the registration record of a

voter to the boo= of voters of another polling place, unlesssaid transfer was due to a change of address of the voter and

the voter was duly noti/ed of his new polling place9

xiii; 's=s, demands, ta=es accepts or possesses, directly or

indirectly, the voterMs adavit of another, in order to induce

the latter to withhold his vote, or to vote for or against any

candidate in an election or any issue in a plebiscite or

referendum; It shall be presumed prima facie that the as=ing,

demanding, ta=ing, accepting or possessing is with such

intent if done within the period beginning 40 days before the

election day and ending 40 days after the election day,

J6@%% the voterMs adavit of another and the latter are

both members of the same family;

xiv; Eelivers, hands over, entrusts, gives, directly or indirectly,

his voterMs adavit to another in consideration of money or

other bene/t or promises thereof, or ta=es or accepts such

voterMs adavit, directly or indirectly, by giving or causing

the giving of money or other bene/t or ma=ing or causing

the ma=ing of a promise thereof9xv; 'lters in any manner, tears, defaces, removes or destroys

any certi/ed list of voters9

xvi; ?a=es, carries or possesses any blan= or unused registration

form already issued to a city or municipality outside of said

city or municipality "? as otherwise provided in the

mnibus lection ode or when directed by express order of

the court or of the :@9 and

xvii; :aliciously omits, tampers or transfer to another list the

name of a registered voter from the ocial list of voters

posted outside the polling place;

K. Po2i'ition e(3tin> to otin>:

a; 'ny person who5

i; 8ails to cast his vote without


23/26


viii; harged with the duty of reading the ballot during the

counting of votes whole deliberately omits to read the vote

duly written on the ballot or misreads the vote actually

written thereon or reads the name of a candidate where no

name is written on the ballot9

ix; harged with the duty of tallying the votes in the tally board

or sheet, election returns or other prescribed form who

deliberately fails to record a vote therein or recordserroneously the votes as read, or records a vote where no

such vote has been read by the chairman9

x; Nho has made possible the casting of more votes than there

are registered voters9

xi; 8or the purpose of disrupting or obstructing the election

process or causing confusion among the voters, propagates

false and alarming reports or information or transmits or

circulates false orders, directives or messages regarding any

matter relating to the printing of ocial ballots, the

postponement of the election, the transfer of polling place, or

the general conduct of the election9

xii; Nithout legal authority, destroys or substitutes or ta=e awayfrom the possession of those having legal custody thereof, or

from the place where they are legally deposited, any election

form or document or ballot box which contains ocial ballots

or other documents used in the election9

xiii; Having legal custody of the ballot box containing the ocial

ballots used in the election who opens or destroys said box

or removes or destroys its contents without or against the

order of the :@ or who, through his negligence,

enables any person to commit any of the acts, or ta=e away

said ballot box from his custody9

xiv; Nho =nowingly uses ballots other than the ocial ballots"? in those cases where the use of emergency ballots is

authori7ed9

xv; 'ny public ocial who neglects or fails to properly preserve

or account for any ballot box, documents, and other forms

received by him and =ept under his custody;

xvi; 2eveals the contents of the ballot of illiterate or disabled

voter whim he assisted in preparing a ballot9

xvii; Nithout authority, transfers the location of a polling place9

xviii; Nithout authority, prints or causes the printing of any ballot

or election returns that appears as ocial ballots or election

returns or who distributes or causes the same to be

distributed for use in the election, whether or not they are

actually used9

xix; Nithout authority, =eeps, uses or carries out or causes to be

=ept, used, or carried out any ocial ballot or election

returns or printed proof thereof, type from mould, electrotype

printing plates and any other plate, numbering machines and

other printing paraphernalia being used in connection with

the printing of ocial ballots or election returns9xx; 'ny ocial or employee of any printing establishment or the

ommission or any member of the committee in charge of

the printing of ocial ballots or election returns who causes

ocial ballots or elections returns to be printed in Buantities

exceeding those authori7ed by the ommission or who

distributes, delivers, or in any manner disposes of or causes

to be distributed, delivered, or disposed of, any ocial ballot

or election returns to any person or persons not authori7ed

by law or by the ommission to receive or =eep ocial

ballots or election returns or who sends or causes them to be

sent to any place not designated by law or by the

ommission;xxi; ?hrough any act, means pr device, violates the integrity of

any ocial ballot or election returns before or after they are

used in the election9

xxii; 2emoves, tears, defaces, or destroys any certi/ed list of

candidates posted inside the voting booths during the hours

of voting9

xxiii; Holds or causes the holding of an election on any other day

than that /xed by law or by the ommission, or stops any

election being legally held9 and

xxiv; Eeliberately blurs his /ngerprint in the voting record;

;33< Po2i'ition e(3tin> to c3n3in>:

a; 'ny chairman of the Goard of anvassers who fails to give due

notice of the date, time and place of the meeting of said board to

the candidates, political parties and.or members of the board9

b; 'ny member of the Goard of anvassers who

i; "roceeds with the canvass of votes and.or proclamation of

any candidate which was suspended or annulled by the

:@9

ii; "roceeds with the canvass of votes and.or proclamation of

any candidate in the absence of Buorum, or without giving

due notice of the date, time, and place of the meeting of the



24/26


board of candidates, political parties, and.or other members

of the board9 and

iii; Nithout authority of the ommission, uses in the canvass of

votes and.or proclamation of any candidate any document

other than the ocial copy of the election returns;

;''< Co44on to 3(( 'o3? o@ e(ection in%ecto o 'o3? o@

c3n3e:• An= 4e4'e o@ 3n= 'o3? o@ e(ection in%ecto o 'o3? o@

c3n3e 2o:

a; Eeliberate absenting of oneself from their

meetings for the purpose of obstructing.delaying the performance

of its duties and functions

b; (without n

a; 'ny political party which holds political conventions or meetings to

nominate its ocial candidates earlier that the period /xed in this

ode;

• An= %eon 2o:

b; 'bstracts, destroys or cancels any certi/cate of candidacy duly

/led and which has not been cancelled upon order of the

ommission;

c; :isleads the board of election inspectors by submitting any false or

spurious certi/cate of candidacy or document to the pre


25/26


o Nhen this happens, "6", '8", ther law enforcement agency

will be the bodyguards; Gut same reBuisites as with the T6o

8irearms ruleM (8ull uniform, etc)

o If ground for the need of security ceases, :@ will revo=e

authority granting such security;

".,$, CMELEC IS VESTED #ITH EXCLUSIVE AUTHRITY T

CNDUCT INVESTIGATIN.• NhyS :@ vested with the power of a %&'(ic %oec&to;

• It may also delegate such authority to any public prosecutor, but

always sub


26/26


• Sec $66

o "rohibits arrest.detention of any person of election oFenses

without a warrant of arrest issued by a competent

Documents

Election Law (Chapters 5 - 9)