h. Bp 881 Omnibus Election Code of the Philippines

8/12/2019 h. Bp 881 Omnibus Election Code of the Philippines

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BATAS PAMBANSA BLG. 881

OMNIBUS ELECTION CODE OF THE PHILIPPINES

ARTICLE I

GENERAL PROVISIONS

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

Section 2.Applicability. -This Code shall goven all election of publoffices and! to the etent appopiate! all efeenda and plebiscites.

Section 3.Election and campaign peiods. -#nless othewise fied ispecial cases by the Commission on Elections! which heeinafte sha

be efeed to as the Commission! the election peiod shall commencninety days befoe the day of the election and shall end thity daytheeafte.

The peiod of campaign shall be as follows$

%. Pesidential and &ice-Pesidential Election - '( days)

*. Election of +embes of the ,atasang Pambansa and oca

Election - / days) and0. ,aangay Election - %/ days.

The campaign peiods shall not include the day befoe and the day othe election.

1oweve! in case of special elections unde Aticle &222! 3ection /3ubsection 4*5 of the Constitution! the campaign peiod shall be foty

five days.Section Obligation to egiste and vote. -2t shall be the obligatioof evey citi6en 7ualified to vote to egiste and cast his vote.

Section !Postponement of election. -8hen fo any seious caussuch as violence! teoism! loss o destuction of electiopaaphenalia o ecods! foce ma9eue! and othe analogous causeof such a natue that the holding of a fee! odely and hones


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election should become impossible in any political subdivision! thCommission! motu popio o upon a veified petition by aninteested paty! and afte due notice and heaing! wheeby ainteested paties ae affoded e7ual oppotunity to be head! shapostpone the election theein to a date which should be easonab

close to the date of the election not held! suspended o whicesulted in a failue to elect but not late than thity days afte thcessation of the cause fo such postponement o suspension of thelection o failue to elect.

Section ":ailue of election. -2f! on account of foce ma9eueviolence! teoism! faud! o othe analogous causes the election iany polling place has not been held on the date fied! o had bee

suspended befoe the hou fied by law fo the closing of the votingo afte the voting and duing the pepaation and the tansmission othe election etuns o in the custody o canvass theeof! such electioesults in a failue to elect! and in any of such cases the failue osuspension of election would affect the esult of the election! thCommission shall! on the basis of a veified petition by any inteestepaty and afte due notice and heaing! call fo the holding o

continuation of the election not held! suspended o which esulted ia failue to elect on a date easonably close to the date of the electionot held! suspended o which esulted in a failue to elect but nolate than thity days afte the cessation of the cause of sucpostponement o suspension of the election o failue to elect.

Section #Call of special election. -

4%5 2n case a vacancy aises in the ,atasang Pambansa eighteemonths o moe befoe a egula election! the Commission shacall a special election to be held within sity days afte thvacancy occus to elect the +embe to seve the unepied tem

4*5 2n case of the dissolution of the ,atasang Pambansa! thPesident shall call an election which shall not be held ealie tha


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foty-five no late than sity days fom the date of sucdissolution.

The Commission shall send sufficient copies of its esolution fothe holding of the election to its povincial election supevisoand election egistas fo dissemination! who shall post copie

theeof in at least thee conspicuous places pefeably whepublic meetings ae held in each city o municipality affected.

Section 8Election Code to be available in polling places. -A pintecopy of this Code in English o in the national language shall bpovided and be made available by the Commission in evey pollinplace! in ode that it may be eadily consulted by any peson in neetheeof on the egistation! evision and election days.

Section $Official mail and telegam elative to elections. -Papeconnected with the election and e7uied by this Code to be sent bpublic offices in the pefomance of thei election duties shall be feof postage and sent by egisteed special delivey mail. Telegams othe same natue shall likewise be tansmitted fee of chage bgovenment telecommunications and simila facilities.

2t shall be the duty of the Postmaste ;eneal! the


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concened sub9ect to eimbusement by the Commission upopesentation of the pope bill.

:unds needed by the Commission to defay the epenses fo thholding of egula and special elections! efeenda and plebisciteshall be povided in the egula appopiations of the Commissio

which! upon e7uest! shall immediately be eleased to thCommission. 2n case of deficiency! the amount so povided shall baugmented fom the special activities funds in the geneaappopiations act and fom those specifically appopiated fo thpupose in special laws.

Section 11:ailue to assume office. -The office of any officiaelected who fails o efuses to take his oath of office within si

months fom his poclamation shall be consideed vacant! unless saifailue is fo a cause o causes beyond his contol.

Section 12ineteen hunded eightseven 4%'?@5 and on the same day evey si yeas theeafte. Th


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Pesident-elect and the &ice-Pesident-elect shall assume office atwelve oclock noon on the thitieth day of Bune net following thelection and shall end at noon of the same date! si yeas theeaftewhen the tem of his successo shall begin.

Section 13pecial election fo Pesident and &ice-Pesident. -2

case a vacancy occus fo the Office of the Pesident and &icePesident! the ,atasang Pambansa shall! at ten oclock in the moninof the thid day afte the vacancy occus! convene in accodance witits ules without need of a call and within seven days enact a lawcalling fo a special election to elect a Pesident and a &ice-Pesidento be held not ealie than foty-five days no late than sity dayfom the time of such call. The bill calling such special election sha

be deemed cetified unde paagaph 4*5! 3ection %'! Aticle &222 othe Constitution and shall become law upon its appoval on thieading by the ,atasang Pambansa. Appopiations fo the speciaelection shall be chaged against any cuent appopiations and shabe eempt fom the e7uiements of paagaph 45! 3ection % oAticle &222 of the Constitution. The convening of the ,atasanPambansa cannot be suspended no the special election postponed

>o special election shall be called if the vacancy occus within seventdays befoe the date of the pesidential election of %'?@.

Section 1!Canvass of votes fo Pesident and &ice-Pesident by thpovincial o city boad of canvasses. -The povincial! city! o disticboads of canvasses in +etopolitan +anila! as the case may be! shameet not late than si oclock in the evening on election day tcanvass the election etuns that may have aleady been eceived b

them! espectively. 2t shall meet continuously fom day to day untthe canvass is completed! but may ad9oun only fo the pupose oawaiting the othe election etuns. Each time the boad ad9ouns! shall make a total of all the votes cast fo each candidate foPesident and fo &ice-Pesident! duly authenticated by the signatueand thumbmaks of all the membes of the povincial! city o disticboad of canvasses! funishing the Commission in +anila by th


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fastest means of communication a copy theeof! and making availabthe data contained theein to mass media and othe inteestepaties. #pon the completion of the canvass! the boad shall pepaa cetificate of canvass showing the votes eceived by each candidatfo the office of the Pesident and fo &ice-Pesident! du

authenticated by the signatues and thumbmaks of all the membeof the povincial! city o distict boad of canvasses. #pon thcompletion of the cetificate of canvass! the boad shall cetify antansmit the said cetificate of canvass to the 3peake of the ,atasanPambansa.

The povincial! city and distict boads of canvasses shall pepae thcetificate of canvass fo the election of Pesident and &ice-Pesiden

suppoted by a statement of votes by polling place! in 7uintuplicatby the use of cabon papes o such othe means as the Commissioshall pescibe to the end that all five copies shall be legibly poducein one handwiting. The five copies of the cetificate of canvass musbea the signatues and thumbmaks of all the membes of the boad#pon the completion of these cetificates and statements! they shabe enclosed in envelopes funished by the Commission and sealed

and immediately distibuted as follows$ the oiginal copy shall benclosed and sealed in the envelope diected to the 3peake andeliveed to him at the ,atasang Pambansa by the fastest possiblmeans) the second copy shall likewise be enclosed and sealed in thenvelope diected to the Commission) the thid copy shall be etaineby the povincial election supeviso! in the case of the povinciaboad of canvasses! and by the city election egista! in the case o

the city boad of canvasses) and one copy each to the authoi6eepesentatives of the uling paty and the dominant oppositiopolitical paty. :ailue to comply with the e7uiements of this sectioshall constitute an election offense.

Section 1"Counting of votes fo Pesident and &ice-Pesident by th,atasang Pambansa. -The cetificates of canvass! duly cetified bthe boad of canvasses of each povince! city o distict i


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+etopolitan +anila shall be tansmitted to the 3peake of th,atasang Pambansa! who shall! not late than thity days afte thday of the election! convene the ,atasang Pambansa in session and iits pesence open all the cetificates of canvass! and the votes shathen be counted.

Section 1#Coection of eos in cetificate and suppotinstatement aleady tansmitted to the 3peake. ->o coection oeos allegedly committed in the cetificate of canvass and suppotinstatement aleady tansmitted to the 3peake of the ,atasanPambansa shall be allowed! sub9ect to the povisions of thsucceeding section.

Section 18Pesevation of ballot bo"es! thei keys! and dispositio

of thei contents. -#ntil afte the completion by the ,atasanPambansa of the canvassing of the votes and until an uncontestepoclamation of the Pesident-elect and &ice-Pesident-elect shall havbeen obtained! the povincial! city o distict boad of canvasseunde the 9oint esponsibility with the povincial! city o municipateasues shall povide fo the safekeeping and stoage of the balloboes in a safe and closed chambe secued by fou padlocks$ one t

be povided by the coesponding boad chaiman) one by thpovincial o city teasue concened) and one each by the ulinpaty and the accedited dominant opposition political paty.

Section 1$8hen cetificate of canvass is incomplete o beaeasues o alteations. -8hen the cetificate of canvass! ducetified by the boad of canvasses of each povince! city o distict i+etopolitan +anila and tansmitted to the 3peake of the ,atasanPambansa! as povided in the Constitution! appeas to be incompletethe 3peake shall e7uie the boad of canvasses concened ttansmit to his office! by pesonal delivey! the election etuns fompolling places that wee not included in the cetificate of canvass ansuppoting statements. 3aid election etuns shall be submitted bpesonal delivey to the 3peake within two days fom eceipt onotice. 8hen it appeas that any cetificate of canvass o suppotin


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statement of votes by polling place beas easues o alteationwhich may cast doubt as to the veacity of the numbe of votes statetheein and may affect the esult of the election! the ,atasanPambansa upon e7uest of the Pesidential o &ice-Pesidentiacandidate concened o his paty shall! fo the sole pupose o

veifying the actual numbe of votes cast fo Pesident o &icePesident! count the votes as they appea in the copies of the electioetuns fo the Commission. :o this pupose! the 3peake shae7uie the Commission to delive its copies of the election etuns tthe ,atasang Pambansa.

Section 2%Poclamation of the Pesident-elect and &ice-Pesidentelect. -#pon the completion of the canvass of the votes by th

,atasang Pambansa! the pesons obtaining the highest numbe ovotes fo Pesident and fo &ice-Pesident shall be declaed electedbut in case two o moe shall have an e7ual and the highest numbeof votes! one of them shall be chosen Pesident o &ice-Pesident! athe case may be! by a ma9oity vote of all the +embes of th,atasang Pambansa in session assembled.

2n case thee ae cetificates of canvass which have not bee

submitted to the 3peake of the ,atasang Pambansa on account omissing election etuns! a poclamation may be made if the missincetificates will not affect the esults of the election.

2n case the cetificates of canvass which wee not submitted oaccount of missing election etuns will affect the esults of thelection! no poclamation shall be made. The 3peake shaimmediately instuct the boads of canvasses concened to obtain thmissing election etuns fom the boads of election inspectos o! the etuns have been lost o destoyed upon pio authoity fom thCommission! to use any authentic copy of said election etuns fo thpupose of conducting the canvass! and theeafte issue thcetificates of canvass. The cetificates of canvass shall bimmediately tansmitted to the 3peake of the ,atasang Pambansa.


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Poclamation shall be made only upon submission of all cetificates ocanvass o when the missing cetificates of canvass will not affect thesults of the election.

ARTICLE III

ELECTION OF MEMBERS OF THE BATASANG PAMBANSA

Section 21.=egula election of +embes of the ,atasang Pambansa-The egula election of the +embes of the ,atasang Pambansshall be held on the second +onday of +ay! >ineteen hunded anninety 4%''(5 and on the same day evey si yeas theeafte.

Section 223pecial election fo +embes of the ,atasang Pambansa-2n case a vacancy aises in the ,atasang Pambansa eightee

months o moe befoe a egula election! the Commission shall call special election to be held within sity days afte the vacancy occuto elect the +embe to seve the unepied tem.

The ,atasang Pambansa though a duly appoved esolution o aofficial communication of the 3peake when it is not in session shacetify to the Commission the eistence of said vacancy.

Section 23.Composition of the ,atasang Pambansa. -The ,atasan

Pambansa shall be composed of not moe than two hunded +embeelected fom the diffeent povinces of the Philippines with thecomponent cities! highly ubani6ed cities and disticts of +etopolita+anila! those elected o selected fom vaious sectos as povideheein! and those chosen by the Pesident fom the membes of thCabinet.

Section 2.Appotionment of epesentatives. -#ntil a new

appotionment shall have been made! the +embes of the ,atasanPambansa shall be appotioned in accodance with the Odinancappended to the Constitution! as follows$

>ational Capital =egion$

+anila! )Due6on City! )


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Caloocan! *)Pasay! %)Pasig and +aikina! *)as Pias and Paaa7ue! %)+akati! %)

+alabon! >avotas and &alen6uela! *)3an Buan and +andaluyong! %)Taguig! Pateos and +untinglupa! %.

=egion 2$

Aba! %),enguet! %)2locos >ote with aoag City! *)

2locos 3u! *)a #nion! *)+ountain Povince! %)Pangasinan with the cities of ueva &i6caya! %)Duiino! %.

=egion 222$,ataan! %),ulacan! )>ueva Eci9a with the cities of Cabanatuan! Palayan and 3anBose! )Pampanga with Angeles City! )Talac! *)


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Gambales! %)Olongapo City! %.

=egion 2&$

Auoa! %),atangas with the cities of ,atangas and ipa! )

Cavite with the cities of Cavite! Tagaytay and Tece +aties!0)aguna with 3an Pablo City! )+aindu7ue! %)Occidental +indoo! %)Oiental +indoo! *)Palawan with Pueto Pincesa City! %)

Due6on with ucena City! )=i6al! *)=omblon! %.

=egion &$

Albay with egaspi City! 0)Camaines >ote! %)

Camaines 3u with the cities of 2iga and >aga! )Catanduanes! %)+asbate! *)3osogon! *.

=egion &2$

Aklan! %)Anti7ue! %)

Capi6 with =oas City)2loilo with 2loilo City! /)>egos Occidental with the cities of ,acolod! ,ago! Cadi6! aCalota! 3an Calos and 3ilay! @.

=egion &22$


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,ohol with Tagbilaan City! 0)Cebu with the cities of egos Oiental with the cities of ,ais! Canlaon andothen 3ama! %)

3ama with Calbayog City! *.

=egion 2H$

,asilan! %)3ulu! %)Tawi-Tawi! %)Gamboanga del >ote with the cities of ote with 3uigao City! %)Cagayan de Oo City! %.

=egion H2$


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3uigao del 3u! %)ote! 0)


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agicultual labo) 405 industial labo whose epesentatives shall belected in the manne heein povided. Each secto shall be entitled tfou epesentatives! two of whom shall come fom u6on! one fom&isayas! and one fom +indanao$ Povided! That the youth sectoshall be entitled to two additional sectoal epesentatives who sha

be elected fom any pat of the county.Section 2#.3cope of the sectos. -The agicultual labo sectocoves all pesons who pesonally and physically till the land as thepincipal occupation. 2t includes agicultual tenants and lessees! uawokes and fam employees! owne-cultivatos! settles and smafishemen.

The industial labo secto includes all non-agicultual wokes an

employees.

The youth secto embaces pesons not moe than twenty-five yeaof age.

Section 28.3election of sectoal epesentatives. ->ot late thatwenty days afte the election of povincial! city o disticepesentatives! the most epesentative and geneally ecogni6e

ogani6ations o aggoupments of membes of the agicultual laboindustial labo! and youth sectos! as attested to by the +inistes oAgaian =efom and of Agicultue and :ood! the +inistes of aboand Employment! and the +inistes of ocal ;ovenment and oEducation! Cultue and 3pots! espectively! shall! in accodance witthe pocedues of said ogani6ations o aggoupments of membes othe secto! submit to the Pesident thei espective nominees fo eac

slot allotted fo each secto. The Pesident shall appoint fom amonthe nominees submitted by the afoementioned ogani6ations oaggoupments the epesentatives of each secto.

2n ecogni6ing the most epesentative and geneally ecogni6eogani6ations o aggoupments! the +inistes of Agaian =efom anof Agicultue and :ood! the +iniste of abo and Employment! an


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the +inistes of ocal ;ovenment and Education! Cultue and 3potshall conside$

4a5 The etent of membeship and activity of the ogani6ation oaggoupment which should be national)

4b5 The esponsiveness of the ogani6ation o aggoupment t

the legitimate aspiations of its secto)

4c5 The militancy and consistency of the ogani6ation oaggoupment in espousing the cause and pomoting the welfaof the secto consistent with that of the whole county)

4d5 The obsevance by such ogani6ation o aggoupment of thule of law) and

4e5 Othe analogous factos.The Pesident of the Philippines shall! in witing! notify the 3ecetay;eneal of the ,atasang Pambansa of the appointment made by himof any sectoal epesentative.

Ecept as heein othewise povided! sectoal epesentatives shahave the same functions! esponsibilities! ights! pivileges

7ualifications and dis7ualifications as the epesentatives fom thpovinces and thei component cities! highly ubani6ed cities odisticts of +etopolitan +anila.

ARTICLE IV

ELECTION OF LOCAL OFFICIALS

Section 2$.=egula elections of local officials. -The election opovincial! city and municipal officials whose positions ae povided fo

by the ocal ;ovenment Code shall be held thoughout thPhilippines in the manne heein pescibed on the fist +onday o+ay! >ineteen hunded and eighty-si and on the same day evey syeas theeafte.

The officials elected shall assume office on the thitieth day of Bunnet following the election and shall hold office fo si yeas and untthei successos shall have been elected and 7ualified.


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All local incumbent officials whose tenue of office shall epie o+ach *0! %'? shall hold office until Bune 0(! %'? o until thesuccessos shall have been elected and 7ualified$ Povided! That thecannot be suspended o emoved without 9ust cause.

Section 3%.Component and highly ubani6ed cities. -#nless the

espective chates povide othewise! the electoate of componencities shall be entitled to vote in the election fo povincial officials othe povince of which it is a pat.

The electoate of highly ubani6ed cities shall not vote in the electiofo povincial officials of the povince in which it is located$ Povidedhoweve! That no component city shall be declaed o be entitled to highly ubani6ed city status within ninety days pio to any election

ARTICLE V

ELECTION OF MEMBERS OF THE REGIONAL ASSEMBL' OF

THE AUTONOMOUS REGIONS.

Section 31.The 3angguniang Pampook of the autonomous egions-=egion 2H and =egion H22 in southen Philippines shall each have

3angguniang Pampook to be composed of twenty-seven membeand shall include seventeen epesentatives elected fom the diffeenpovinces and cities of each egion! and a sectoal epesentativeach fom among the youth! agicultual wokes! and nonagicultual wokes 4industial labo5 of each egion to be selected ithe manne heein povided whose 7ualifications and dis7ualificationae the same as +embes of the ,atasang Pambansa.

The Pesident shall appoint an additional seven epesentatives ieach egion wheneve in his 9udgment any othe secto is nopopely epesented in the 3angguniang Pampook as a esult of thelections.

Section 32.Appotionment of membes of the 3anggunianPampook. -The +embes of the 3angguniang Pampook of =egion 2and of =egion H22 shall be appotioned as follows$


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=egion 2H$

,asilan! one 4%5)3ulu! thee 405)Tawi-Tawi! one 4%5)Gamboanga del >ote including the cities of oth Cotabato! fou 45)and 3ultan Fudaat! two 4*5.

Section 33.Election of membes of 3angguniang Pampook. -Thcandidates fo the position of seventeen epesentatives to th3angguniang Pampook of =egion 2H and of =egion H22 shall be vote

at lage by the egisteed votes of each povince including the citieconcened.

The candidates coesponding to the numbe of membe o membeto be elected in a constituency who eceive the highest numbe ovotes shall be declaed elected.

Section 3.3election of sectoal epesentatives. -The Pesidenshall! within thity days fom the convening of each 3anggunian

Pampook! appoint the sectoal epesentatives on ecommendation othe 3angguniang Pampook and afte due consultation with thepesentative and geneally ecogni6ed ogani6ations o aggupationof membes of the youth! agicultual wokes and non-agicultuawokes as attested by the +inistes of ocal ;ovenment and oEducation! Cultue and 3pots 4youth5! +inistes of Agaian =efom


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and of Agicultue and :ood 4agicultual wokes5! and +inistes oabo and Employment 4non-agicultual o industial labo5.

The Pesident of the Philippines shall in witing notify the 3peake othe 3angguniang Pampook of each egion of the appointment madby him of any sectoal epesentative.

The sectoal epesentatives shall have the same functionsesponsibilities! ights! pivileges! 7ualifications and dis7ualificationas the elective povincial epesentatives to the 3anggunianPampook$ Povided! howeve! That no defeated candidate fo membeof the 3angguniang Pampook in the immediately peceding electioshall be appointed as sectoal epesentative.

Section 3!.

:illing of vacancy. -

Pending an election to fill a vacancaising fom any cause in the 3angguniang Pampook! the vacancshall be filled by the Pesident! upon ecommendation of th3angguniang Pampook$ Povided! That the appointee shall come fomthe same povince o secto of the membe being eplaced.

Section 3".Tem of office. -The pesent membes of th3angguniang Pampook of each of =egion 2H and =egion H22 sha

continue in office until Bune 0(! %'? o until thei successos shahave been elected and 7ualified o appointed and 7ualified in the casof sectoal membes. They may not be emoved o eplaced ecept iaccodance with the intenal ules of said assembly o povisions opetinent laws.

The election of membes of the 3angguniang Pampook of the twegions shall be held simultaneously with the local elections of %'?

Those elected in said elections shall have a tem of fou yeas statinBune 0(! %'?.

Those elected in the election of %''( to be held simultaneously witthe elections of +embes of the ,atasang Pambansa shall have tem of si yeas.

ARTICLE VI

ELECTION OF BARANGA' OFFICIALS


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Section 3#.=egula election of baangay officials. -The election fobaangay officials shall be held thoughout the Philippines in thmanne pescibed on the second +onday of +ay >ineteen hundeand eighty-eight and on the same day evey si yeas theeafte.

The officials elected shall assume office on the thitieth day of Bun

net following the election and shall hold office fo si yeas and untthei successos shall have been elected and 7ualified.

Section 38.Conduct of elections. -The baangay election shall bnon-patisan and shall be conducted in an epeditious aninepensive manne.

>o peson who files a cetificate of candidacy shall epesent o allow

himself to be epesented as a candidate of any political paty o anothe ogani6ation) and no political paty! political goup! politiccommittee! civic! eligious! pofessional! o othe ogani6ation oogani6ed goup of whateve natue shall intevene in his nominatioo in the filing of his cetificate of candidacy o give aid o suppodiectly o indiectly! mateial o othewise favoable to o against hcampaign fo election$ Povided! That this povision shall not apply tthe membes of the family of a candidate within the fouth civdegee of consanguinity o affinity no to the pesonal campaign staof the candidate which shall not be moe than one fo evey onhunded egisteed votes in his baangay$ Povided! howeve! Thawithout pe9udice to any liability that may be incued! no pemit thold a public meeting shall be denied on the gound that thpovisions of this paagaph may o will be violated.

>othing in this section! howeve! shall be constued as in any manneaffecting o constituting an impaiment of the feedom of individuato suppot o oppose any candidate fo any baangay office.

Section 3$.Cetificate of Candidacy. ->o peson shall be electepunong baangay o kagawad ng sangguniang baangay unless hfiles a swon cetificate of candidacy in tiplicate on any day fom thcommencement of the election peiod but not late than the da


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befoe the beginning of the campaign peiod in a fom to bpescibed by the Commission. The candidate shall state the baangaoffice fo which he is a candidate.

The cetificate of candidacy shall be filed with the secetay of thsangguniang baangay who shall have the ministeial duty to eceiv

said cetificate of candidacy and to immediately acknowledge eceiptheeof.

2n case the secetay efuses to eceive the same! o in the case ohis absence o non-availability! a candidate may file his cetificate witthe election egista of the city o municipality concened.

The secetay of the sangguniang baangay o the election egista

as the case may be! shall pepae a consolidated list all thcandidates and shall post said list in the baangay hall and in otheconspicuous places in the baangay at least ten days befoe thelection.

Any elective o appointive municipal! city! povincial o national officiao employee! o those in the civil o militay sevice! including those igovenment-owned o contolled copoations! shall be considee

automatically esigned upon the filing of cetificate of candidacy fo baangay office.

Section %.,oad of Election Telles. -

4%5 The Commission shall constitute not late than ten daybefoe the election a boad of election telles in evey baangapolling place! to be composed of a public elementay schooteache as chaiman! and two membes who ae egistee

votes of the polling place concened! but who ae not incumbenbaangay officials no elated to any candidate fo any position that baangay within the fouth civil degee of affinity oconsanguinity.

2n case no public elementay school teaches ae available! thCommission shall designate any egisteed vote in the pollin

place who is not an incumbent baangay official no elated t


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any candidate fo any position in that baangay within the foutcivil degee of affinity o consanguinity.

4*5 The boad of election telles shall supevise and conduct thelection in thei espective polling places! count the votes antheeafte pepae a epot in tiplicate on a fom pescibed b

the Commission. The oiginal of this epot shall be deliveeimmediately to the baangay boad of canvasses. The seconcopy shall be deliveed to the election egista and the thid copshall be deliveed to the secetay of the sangguniang baangawho shall keep the same on file.

Section 1.=egistation of votes and list of votes. ->ot late thaseven days befoe the election! the boad of election telles shall mee

in evey baangay polling place to conduct the egistation obaangay votes and to pepae the list of votes. Any vote machallenge the 7ualification of any peson seeking to egiste and saichallenge shall be head and decided on the same day by the boaof election telles.

The final list of votes shall be posted in the polling places at leastwo days befoe election day. The egistation of any vote shall nobe tansfeed without witten notice at least two days befoe thdate of election. >ot late than the day following the baangaelection! the boad of election telles shall delive the list of votes tthe election egista fo custody and safekeeping.

Section 2.Polling places. -4%5 The chaiman of the boad oelection telles shall designate the public school o any othe publ

building within the baangay to be used as polling place in case thbaangay has one election pecinct. 4*5 :o baangays with two omoe election pecincts the chaiman of the boad of canvasses shadesignate the public school o any othe public building to be used apolling place.

2n case thee is no public school o othe public building that can bused as polling places! othe appopiate pivate buildings may b


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designated$ Povided! That such buildings ae not owned o occupieo possessed by any incumbent elective public official o candidate! ohis elative within the fouth civil degee of consanguinity o affinityThe polling place shall be centally located as possible! always takininto consideation the convenience and safety of the votes.

Section 3.Official baangay ballots. -The official baangay ballotshall be povided by the city o municipality concened of a si6e ancolo to be pescibed by the Commission.

3uch official ballots shall! befoe they ae handed to the vote at thpolling place! be authenticated in the pesence of the vote! by thauthoi6ed epesentatives of the candidates and the chaiman anmembes of the boad of election telles who shall affi the

signatues at the back theeof. Any ballot which is not authenticateshall be deemed spuious.

Section .,allot bo"es. -The Commission shall povide the balloboes fo each baangay polling place! but each candidate may bpemitted to povide a padlock fo said ballot bo.

Section !.Postponement o failue of election. -8hen fo an

seious cause such as violence! teoism! loss o destuction oelection paaphenalia o ecods! foce ma9eue! and othe analogoucauses of such natue that the holding of a fee! odely and honeselection should become impossible in any baangay! the Commissionupon a veified petition of an inteested paty and afte due noticand heaing at which the inteested paties ae given e7uaoppotunity to be head! shall postpone the election theein fo suc

time as it may deem necessay.2f! on account of foce ma9eue! violence! teoism! faud o otheanalogous causes! the election in any baangay has not been held othe date heein fied o has been suspended befoe the hou fied blaw fo the closing of the voting theein and such failue osuspension of election would affect the esult of the election! thCommission! on the basis of a veified petition of an inteested paty


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and afte due notice and heaing! at which the inteested paties agiven e7ual oppotunity to be head shall call fo the holding ocontinuation of the election within thity days afte it shall havveified and found that the cause o causes fo which the election habeen postponed o suspended have ceased to eist o upon petitio

of at least thity pecent of the egisteed votes in the baangaconcened.

8hen the conditions in these aeas waant! upon veification by thCommission! o upon petition of at least thity pecent of thegisteed votes in the baangay concened! it shall ode the holdinof the baangay election which was postponed o suspended.

Section ".,aangay boad of canvasses. -

4%5 The Commission shall constitute a boad of canvasses aleast seven days befoe the election in each baangay! to bcomposed of the senio public elementay school teache in thbaangay as chaiman! and two othe public elementay schooteaches! as membes.

2n case the numbe of public elementay school teaches

inade7uate! the Commission shall designate the chaiman anmembes of the baangay boad of canvasses fom among thboad of election telles.

4*5 The baangay boad of canvasses shall meet immediately ia building whee a polling place is found and which is moscentally located in the baangay and afte canvassing the esultfom the vaious polling places within the baangay! poclaim th

winnes. The boad of canvasses shall accomplish the cetificatof poclamation in tiplicate on a fom to be pescibed by thCommission. The oiginal of the cetificate shall be sent to thelection egista concened! the second copy shall be deliveeto the secetay of the sangguniang bayan o sanggunianpanglunsod! as the case may be! and the thid copy shall be kepon file by the secetay of the sangguniang baangay.


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405 2n a baangay whee thee is only one polling place! thbaangay boad of election telles shall also be the baangaboad of canvasses.

Section #.Activities duing the campaign peiod. -


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pinting of election foms and pocuement of othe electiopaaphenalia! and the installation of polling booths.

Section !1.Penalties. -&iolations of any povisions of this Aticshall constitute pohibited acts and shall be posecuted and penali6ein accodance with the povisions of this Code.

ARTICLE VII

THE COMMISSION ON ELECTIONS

Section !2.Powes and functions of the Commission on Elections-2n addition to the powes and functions confeed upon it by thConstitution! the Commission shall have eclusive chage of thenfocement and administation of all laws elative to the conduct o

elections fo the pupose of ensuing fee! odely and honeselections! and shall$

4a5 Eecise diect and immediate supevision and contol ovenational and local officials o employees! including membes oany national o local law enfocement agency and instumentalitof the govenment e7uied by law to pefom duties elative tthe conduct of elections. 2n addition! it may authoi6e C+T cadet

eighteen yeas of age and above to act as its deputies fo thpupose of enfocing its odes.

The Commission may elieve any office o employee efeed tin the peceding paagaph fom the pefomance of his dutieelating to electoal pocesses who violates the election law ofails to comply with its instuctions! odes! decisions o ulingand appoint his substitute. #pon ecommendation of th

Commission! the coesponding pope authoity shall suspend oemove fom office any o all of such offices o employees whmay! afte due pocess! be found guilty of such violation ofailue.

4b5


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against any candidate o political paty! the Commission shahave the powe to authoi6e any membe o membes of th

Amed :oces of the Philippines! the >ational ,ueau o2nvestigation! the 2ntegated >ational Police o any similaagency o instumentality of the govenment! ecept civilia

home defense foces! to act as deputies fo the pupose oensuing the holding of fee! odely and honest elections.

4c5 Pomulgate ules and egulations implementing the povisionof this Code o othe laws which the Commission is e7uied tenfoce and administe! and e7uie the payment of legal feeand collect the same in payment of any business done in thCommission! at ates that it may povide and fi in its ules an

egulations.=ules and egulations pomulgated by the Commission timplement the povisions of this Code shall take effect on thsiteenth day afte publication in the Official ;a6ette o in at leasdaily newspapes of geneal ciculation. Odes and diectiveissued by the Commission pusuant to said ules and egulationshall be funished by pesonal delivey to accedited politica

paties within foty-eight hous of issuance and shall take effecimmediately upon eceipt.

2n case of conflict between ules! egulations! odes o diectiveof the Commission in the eecise of its constitutional powes anthose issued by any othe administative office o agency of thgovenment concening the same matte elative to elections! thfome shall pevail.

4d5 3ummon the paties to a contovesy pending befoe it! issusubpoena and subpoena duces tecum! and take testimony in aninvestigation o heaing befoe it! and delegate such powe tany office of the Commission who shall be a membe of thPhilippine ,a. 2n case of failue of a witness to attend! thCommission! upon poof of sevice of the subpoena to sai


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witnesses! may issue a waant to aest witness and bing himbefoe the Commission o the office befoe whom his attendancis e7uied.

Any contovesy submitted to the Commission shall! aftecompliance with the e7uiements of due pocess! be immediate

head and decided by it within sity days fom submissiotheeof. >o decision o esolution shall be endeed by thCommission eithe en banc o by division unless taken up in fomal session popely convened fo the pupose.

The Commission may! when necessay! avail of the assistance oany national o local law enfocement agency andIoinstumentality of the govenment to eecute unde its diect an

immediate supevision any of its final decisions! odesinstuctions o ulings.

4e5 Punish contempts povided fo in the =ules of Cout in thsame pocedue and with the same penalties povided theein

Any violation of any final and eecutoy decision! ode o ulinof the Commission shall constitute contempt theeof.

4f5 Enfoce and eecute its decisions! diectives! odes aninstuctions which shall have pecedence ove those emanatinfom any othe authoity! ecept the 3upeme Cout and thosissued in habeas copus poceedings.

4g5 Pescibe the foms to be used in the election! plebiscite oefeendum.

4h5 Pocue any supplies! e7uipment! mateials o sevice

needed fo the holding of the election by public biddingPovided! That! if it finds the e7uiements of public biddinimpactical to obseve! then by negotiations o sealed bids! anin both cases! the accedited paties shall be duly notified.

4i5 Pescibe the use o adoption of the latest technological anelectonic devices! taking into account the situation pevailing i

the aea and the funds available fo the pupose$ Povided! Tha


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the Commission shall notify the authoi6ed epesentatives oaccedited political paties and candidates in aeas affected bthe use o adoption of technological and electonic devices noless than thity days pio to the effectivity of the use of sucdevices.

495 Cay out a continuing and systematic campaign thougnewspapes of geneal ciculation! adios and othe media fomto educate the public and fully infom the electoate abouelection laws! pocedues! decisions! and othe mattes elative tthe wok and duties of the Commission and the necessity oclean! fee! odely and honest electoal pocesses.

4k5 Enlist non-patisan goup o ogani6ations of citi6ens fom th

civic! youth! pofessional! educational! business o labo sectoknown fo thei pobity! impatiality and integity with thmembeship and capability to undetake a coodinated opeatioand activity to assist it in the implementation of the povisions othis Code and the esolutions! odes and instuctions of thCommission fo the pupose of ensuing fee! odely and honeselections in any constituency.

3uch goups o ogani6ations shall function unde the diect animmediate contol and supevision of the Commission and shapefom the following specific functions and duties$

A. ,efoe Election


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0. 1elp cleanse the list of votes of illegal egistantsconduct house-to-house canvass if necessay! and takthe appopiate legal steps towads this end.

. =epot to the Commission violations of the povisionof this Code on the conduct of the political campaign

election popaganda and electoal ependitues.,. On Election ominate one watche fo acceditation in eacpolling place and each place of canvass who shall hav

the same duties! functions and ights as the othewatches of political paties and candidates. +embes ounits of any citi6en goup o ogani6ation so designateby the Commission ecept its lone duly acceditewatche! shall not be allowed to ente any polling placecept to vote! and shall! if they so desie! stay in aaea at least fifty metes away fom the polling place.

0. =epot to the peace authoities and othe appopiatagencies all instances of teoism! intimidation ovotes! and othe simila attempts to fustate the feand odely casting of votes.

. Pefom such othe functions as may be entusted tsuch goup o ogani6ation by the Commission.

The designation of any goup o ogani6ation made in accodancheewith may be evoked by the Commission upon notice anheaing wheneve by its actuations such goup o ogani6atiohas shown patiality to any political paty o candidate! o hapefomed acts in ecess o in contavention of the functions anduties heein povided and such othes which may be ganted bthe Commission.


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4l5 Conduct heaings on contovesies pending befoe it in thcities o povinces upon pope motion of any paty! taking intconsideation the mateiality and numbe of witnesses to bpesented! the situation pevailing in the aea and the funavailable fo the pupose.

4m5 :i othe easonable peiods fo cetain pe-electioe7uiements in ode that votes shall not be depived of theight of suffage and cetain goups of ights ganted them in thCode.

#nless indicated in this Code! the Commission is heebauthoi6ed fo fi the appopiate peiod fo the vaioupohibited acts enumeated heein! consistent with th

e7uiements of fee! odely! and honest elections.

Section !3.:ield offices of the Commission. -The Commission shahave the following field offices$

4%5 =egional Election Office! headed by the =egional Electio


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egista$ Povided! howeve! That if thee ae no membes of thPhilippine ,a available fo appointment as election egista! ecept cities and capital towns! gaduates of duly ecogni6ed schools of lawlibeal ats! education o business administation who possess thappopiate civil sevice eligibility may be appointed to said position.

Section !!.Office space. -The local govenment concened shapovide a suitable place fo the office of the povincial electiosupeviso and his staff and the election egista and his stafPovided! That in case of failue of the local govenment concened tpovide such suitable place! the povincial election supeviso o thelection egista! as the case may be! upon pio authoity of thCommission and notice to the local govenment concened! may leas

anothe place fo office and the entals theeof shall be chageable tthe funds of the local govenment concened.

Section !".Changes in the composition! distibution o assignmenof field offices. -The Commission may make changes in thcomposition! distibution and assignment of field offices! as well as itpesonnel! wheneve the eigencies of the sevice and the inteest ofee! odely! and honest election so e7uie$ Povided! That suc

changes shall be effective and enfoceable only fo the duation of thelection peiod concened and shall not affect the tenue of office othe incumbents of positions affected and shall not constitute demotion! eithe in ank o salay! no esult in change of status$ anPovided! futhe! That thee shall be no changes in the compositiondistibution o assignment within thity days befoe election! ecepfo cause and afte due notice and heaing! and that in no case sha

a egional o assistant egional diecto be assigned to a egion) povincial election supeviso to a povince) o a city o municipaelection egista to a city o municipality! whee he andIo his spousae elated to any candidate within the fouth civil degee oconsanguinity o affinity as the case may be.

Section !#.+easues to ensue enfocement. -:o the effectivenfocement of the povisions of this Code! the Commission is futhe


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vested and chaged with the following powes! duties anesponsibilities$

%. To issue seach waants afte eamination unde oath oaffimation of the complainant and the witnesses

*. To stop any illegal election activity! o confiscate! tea down

and stop any unlawful! libelous! misleading o false electiopopaganda! afte due notice and heaing.

0. To in7uie into the financial ecods of candidates and anogani6ation o goup of pesons! motu popio o upon witteepesentation fo pobable cause by any candidate o goup of

pesons o 7ualified vote! afte due notice and heaing.

:o puposes of this section! the Commission may avail itself of thassistance of the Commission on Audit! the Cental ,ank! the >ationa,ueau of 2nvestigation! the ,ueau of 2ntenal =evenue! the Ame:oces of the Philippines! the 2ntegated >ational Police of thPhilippines! baangay officials! and othe agencies of the govenment

Section !8.o chaiman o commissione shall sit in any case in which he hamanifested bias o pe9udice fo o against o antagonism against anpaty theeto and in connection theewith! o in any case in which hwould be dis7ualified unde the =ules of Cout. 2f it be claimed thathe chaiman o a commissione is dis7ualified as above povided! th

paty ob9ecting to his competency may file his ob9ection in witinwith the Commission stating the gound theefo. The officiaconcened shall continue to paticipate in the heaing o withdawtheefom in accodance with his detemination of the 7uestion of hdis7ualification. The decision shall fothwith be made in witing anfiled with the othe papes of the case in accodance with the =ules oCout. 2f a dis7ualification should esult in a lack of 7uoum in th

Commission sitting en banc! the Pesiding Bustice of the 2ntemediat


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Appellate Cout shall designate a 9ustice of said cout to sit in saicase fo the pupose of heaing and eaching a decision theeon.

Section !$.Publication of official ballots and election etuns anpinting theeof. - The Commission shall publish at least ten daybefoe an election in a newspape of geneal ciculation cetified dat

on the numbe of official ballots and election etuns and the nameand addesses of the pintes and the numbe pinted by each.

ARTICLE VIII

POLITICAL PARTIES

Section "%.Political paty. -"Political paty" o "paty"! when used i

this Act! means an ogani6ed goup of pesons pusuing the samideology! political ideas o platfoms of govenment and includes itbanches and divisions. To ac7uie 9uidical pesonality! 7uality it fosubse7uent acceditation! and to entitle it to the ights and pivilegeheein ganted to political paties! a political paty shall fist be duegisteed with the Commission. Any egisteed political paty thasingly o in coalition with othes! fails to obtain at least ten pecent o

the votes cast in the constituency in which it nominated ansuppoted a candidate o candidates in the election net following itegistation shall! afte notice and heaing be deemed to havfofeited such status as a egisteed political paty in succonstituency.

Section "1.=egistation. -Any ogani6ed goup of pesons seekinegistation as a national o egional political paty may file with th

Commission a veified petition attaching theeto its constitution anby-laws! platfom o pogam of govenment and such othe elevaninfomation as may be e7uied by the Commission. The Commissioshall! afte due notice and heaing! esolve the petition within tedays fom the date it is submitted fo decision.


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>o eligious sect shall be egisteed as a political paty and no politicapaty which seeks to achieve its goal though violence shall bentitled to acceditation.

Section "2.Publication of petition fo egistation o acceditation-The Commission shall e7uie publication of the petition fo

egistation o acceditation in at least thee newspapes of geneaciculation and shall! afte due notice and heaing! esolve the petitiowithin fifteen days fom the date it is submitted fo decision.

ARTICLE I(

ELIGIBILIT' OF CANDIDATES AND CERTIFICATE OF

CANDIDAC'

Section "3.

Dualifications fo Pesident and &ice-Pesident of th

Philippines. ->o peson may be elected Pesident unless he is natual-bon citi6en of the Philippines! a egisteed vote! able to eaand wite! at least foty yeas of age on the day of election! and esident of the Philippines fo at least ten yeas immediatepeceding such election.

Section ".Dualifications fo +embes of the ,atasang Pambansa

->o peson shall be elected +embe of the ,atasang Pambansa apovincial! city o distict epesentative unless he is a natual-bociti6en of the Philippines and! on the day of the election! is at leastwenty-five yeas of age! able to ead and wite! a egisteed vote ithe constituency in which he shall be elected! and a esident theeofo a peiod of not less than si months immediately peceding thday of the election.

A sectoal epesentative shall be a natual-bon citi6en of thPhilippines! able to ead and wite! a esident of the Philippines! ablto ead and wite! a esident of the Philippines fo a peiod of not lesthan one yea immediately peceding the day of the election! a bonfide membe of the secto he seeks to epesent! and in the case of epesentative of the agicultual o industial labo secto! shall be


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egisteed vote! and on the day of the election is at least twenty-fivyeas of age.

The youth sectoal epesentative should at least be eighteen and nobe moe than twenty-five yeas of age on the day of the electionPovided! howeve! That any youth sectoal epesentative who attain

the age of twenty-five yeas duing his tem shall be entitled tcontinue in office until the epiation of his tem.

Section "!.Dualifications of elective local officials. -Th7ualifications fo elective povincial! city! municipal and baangaofficials shall be those povided fo in the ocal ;ovenment Code.

Section "".Candidates holding appointive office o positions. -An

peson holding a public appointive office o position! including activmembes of the Amed :oces of the Philippines! and offices anemployees in govenment-owned o contolled copoations! shall bconsideed ipso facto esigned fom his office upon the filing of hcetificate of candidacy.

Section "#.Candidates holding elective office. -Any elective officiawhethe national o local! unning fo any office othe than the on

which he is holding in a pemanent capacity! ecept fo Pesident an&ice-Pesident! shall be consideed ipso facto esigned fom his officupon the filing of his cetificate of candidacy.

Section "8.


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been elected! fom holding the office. Any peson who is a pemanenesident of o an immigant to a foeign county shall not be 7ualifieto un fo any elective office unde this Code! unless said peson hawaived his status as pemanent esident o immigant of a foeigcounty in accodance with the esidence e7uiement povided fo

the election laws.Section "$.>uisance candidates. -The Commission may motpopio o upon a veified petition of an inteested paty! efuse tgive due couse to o cancel a cetificate of candidacy if it is showthat said cetificate has been filed to put the election pocess imockey o disepute o to cause confusion among the votes by thsimilaity of the names of the egisteed candidates o by othe

cicumstances o acts which clealy demonstate that the candidathas no bona fide intention to un fo the office fo which thcetificate of candidacy has been filed and thus pevent a faithfudetemination of the tue will of the electoate.

Section #%.;uest candidacy. -A political paty may nominate andIosuppot candidates not belonging to it.

Section #2.Effects of dis7ualification cases and pioity. -ThCommission and the couts shall give

pioity to cases of dis7ualification by eason of violation of this Act tthe end that a final decision shall be endeed not late than sevedays befoe the election in which the dis7ualification is sought.

Any candidate who has been declaed by final 9udgment to bdis7ualified shall not be voted fo! and the votes cast fo him shall no

be counted. >evetheless! if fo any eason! a candidate is nodeclaed by final 9udgment befoe an election to be dis7ualified anhe is voted fo and eceives the winning numbe of votes in sucelection! his violation of the povisions of the peceding sections shanot pevent his poclamation and assumption to office.


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Section #3.Cetificate of candidacy. - >o peson shall be eligible foany elective public office unless he files a swon cetificate ocandidacy within the peiod fied heein.

A peson who has filed a cetificate of candidacy may! pio to thelection! withdaw the same by submitting to the office concened

witten declaation unde oath.>o peson shall be eligible fo moe than one office to be filled in thsame election! and if he files his cetificate of candidacy fo moe thaone office! he shall not be eligible fo any of them.

1oweve! befoe the epiation of the peiod fo the filing ocetificates of candidacy! the peson who was filed moe than on

cetificate of candidacy may declae unde oath the office fo whiche desies to be eligible and cancel the cetificate of candidacy fo thothe office o offices.

The filing o withdawal of a cetificate of candidacy shall not affecwhateve civil! ciminal o administative liabilities which a candidatmay have incued.

Section #.Contents of cetificate of candidacy. -The cetificate o

candidacy shall state that the peson filing it is announcing hcandidacy fo the office stated theein and that he is eligible fo saioffice) if fo +embe of the ,atasang Pambansa! the povinceincluding its component cities! highly ubani6ed city o distict osecto which he seeks to epesent) the political paty to which hbelongs) civil status) his date of bith) esidence) his post officaddess fo all election puposes) his pofession o occupation) tha

he will suppot and defend the Constitution of the Philippines and wmaintain tue faith and allegiance theeto) that he will obey the lawslegal odes! and decees pomulgated by the duly constituteauthoities) that he is not a pemanent esident o immigant to foeign county) that the obligation imposed by his oath is assumevoluntaily! without mental esevation o pupose of evasion) an


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that the facts stated in the cetificate of candidacy ae tue to thbest of his knowledge.

#nless a candidate has officially changed his name though a couappoved poceeding! a cetificate shall use in a cetificate ocandidacy the name by which he has been bapti6ed! o if has no

been bapti6ed in any chuch o eligion! the name egisteed in thoffice of the local civil egista o any othe name allowed unde thpovisions of eisting law o! in the case of a +uslim! his 1ad9i namafte pefoming the pescibed eligious pilgimage$ Povided! Thawhen thee ae two o moe candidates fo an office with the samname and suname! each candidate! upon being made awae o sucfact! shall state his patenal and matenal suname! ecept th

incumbent who may continue to use the name and suname stated ihis cetificate of candidacy when he was elected. 1e may also includone nickname o stage name by which he is geneally o populalknown in the locality.

The peson filing a cetificate of candidacy shall also affi his latesphotogaph! passpot si6e) a statement in duplicate containing hbio-data and pogam of govenment not eceeding one hunde

wods! if he so desies.

Section #!.:iling and distibution of cetificate of candidacy. -Thcetificate of candidacy shall be filed on any day fom thcommencement of the election peiod but not late than the dabefoe the beginning of the campaign peiod$ Povided! That in caseof postponement o failue of election unde 3ections / and heeono additional cetificate of candidacy shall be accepted ecept icases of substitution of candidates as povided unde 3ection @heeof.

The cetificates of candidacy fo Pesident and &ice-Pesident of thPhilippines shall be filed in ten legible copies with the Commissiowhich shall ode the pinting of copies theeof fo distibution to apolling places. The cetificates of candidacy fo the othe offices sha


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cause! only a peson belonging to! and cetified by! the same politicapaty may file a cetificate of candidacy to eplace the candidate whdied! withdew o was dis7ualified. The substitute candidatnominated by the political paty concened may file his cetificate ocandidacy fo the office affected in accodance with the pecedin

sections not late than mid-day of the day of the election. 2f thdeath! withdawal o dis7ualification should occu between the dabefoe the election and mid-day of election day! said cetificate mabe filed with any boad of election inspectos in the politicasubdivision whee he is a candidate! o! in the case of candidates tbe voted fo by the entie electoate of the county! with thCommission.

Section #8.Petition to deny due couse to o cancel a cetificate ocandidacy. -A veified petition seeking to deny due couse o tcancel a cetificate of candidacy may be filed by the pesoeclusively on the gound that any mateial epesentation containetheein as e7uied unde 3ection @ heeof is false. The petition mabe filed at any time not late than twenty-five days fom the time othe filing of the cetificate of candidacy and shall be decided! afte

due notice and heaing! not late than fifteen days befoe thelection.

ARTICLE (

CAMPAIGN AND ELECTION PROPAGANDA

Section #$.


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4%5 :oming ogani6ations! associations! clubs! committees oothe goups of pesons fo the pupose of soliciting votes andIoundetaking any campaign fo o against a candidate)

4*5 1olding political caucuses! confeences! meetings! alliespaades! o othe simila assemblies! fo the pupose of solicitin

votes andIo undetaking any campaign o popaganda fo oagainst a candidate)

405 +aking speeches! announcements o commentaies! oholding inteviews fo o against the election of any candidate fopublic office)

45 Publishing o distibuting campaign liteatue o mateia

designed to suppot o oppose the election of any candidate) o4/5


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Section 81.2ntevention of foeignes. -2t shall be unlawful fo anfoeigne! whethe 9udicial o natual peson! to aid any candidate opolitical paty! diectly o indiectly! o take pat in o influence in anmanne any election! o to contibute o make any ependitue iconnection with any election campaign o patisan political activity.

Section 82.awful election popaganda. -awful electiopopaganda shall include$

4a5 Pamphlets! leaflets! cads! decals! stickes o othe witten opinted mateials of a si6e not moe than eight and one-hainches in width and fouteen inches in length)

4b5 1andwitten o pinted lettes uging votes to vote fo o

against any paticula candidate)4c5 Cloth! pape o cadboad postes! whethe famed o postedwith an aea eceeding two feet by thee feet! ecept that! at thsite and on the occasion of a public meeting o ally! o iannouncing the holding of said meeting o ally! steames noeceeding thee feet by eight feet in si6e! shall be allowedPovided! That said steames may not be displayed ecept on

week befoe the date of the meeting o ally and that it shall bemoved within seventy-two hous afte said meeting o ally) o

4d5 All othe foms of election popaganda not pohibited by thCode as the Commission may authoi6e afte due notice to ainteested paties and heaing whee all the inteested patiewee given an e7ual oppotunity to be head$ Povided! That thCommissions authoi6ation shall be published in two newspape

of geneal ciculation thoughout the nation fo at least twicwithin one week afte the authoi6ation has been ganted.

Section 83.=emoval! destuction o defacement of lawful electiopopaganda pohibited. -2t shall be unlawful fo any peson duinthe campaign peiod to emove! destoy! obliteate! o in any mannedeface o tampe with! o pevent the distibution of lawful electiopopaganda.


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Section 8.=e7uiements fo published o pinted electiopopaganda. -Any newspape! newslette! newsweekly! ga6ette omaga6ine advetising! postes! pamphlets! ciculas! handbills! bumpestickes! steames! simple list of candidates o any published opinted political matte fo o against a candidate o goup o

candidates to any public office shall bea and be identified by thwods "paid fo by" followed by the tue and coect name anaddess of the payo and by the wods "pinted by" followed by thtue and coect name and addess of the pinte.

Section 8!.Pohibited foms of election popaganda. -2t shall bunlawful$

4a5 To pint! publish! post o distibute any poste! pamphle

cicula! handbill! o pinted matte uging votes to vote fo oagainst any candidate unless they bea the names and addesseof the pinte and payo as e7uied in 3ection ? heeof)

4b5 To eect! put up! make use of! attach! float o display anbillboad! tinplate-poste! balloons and the like! of whateve si6eshape! fom o kind! advetising fo o against any candidate opolitical paty)

4c5 To puchase! manufactue! e7uest! distibute o accepelectoal popaganda gadgets! such as pens! lightes! fans owhateve natue! flashlights! athletic goods o mateials! walletsshits! hats! bandanas! matches! cigaettes and the like! ecepthat campaign suppotes accompanying a candidate shall ballowed to wea hats andIo shits o T-shits advetising

candidate)4d5 To show o display publicly any advetisement o popagandfo o against any candidate by means of cinematogaphy! audiovisual units o othe sceen po9ections ecept telecasts whicmay be allowed as heeinafte povided) and

4e5 :o any adio boadcasting o television station to sell o givfee of chage ai time fo campaign and othe political pupose


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4c5 >o fanchise o pemit to opeate a adio o television statioshall be ganted o issued! suspended o cancelled duing thelection peiod.

Any adio o television stations! including that owned o contolled bthe ;ovenment! shall give fee of chage e7ual time and pominenc

to an accedited political paty o its candidates if it gives fee ochage ai time to an accedited political paty o its candidates fopolitical puposes.

2n all instances! the Commission shall supevise the use anemployment of pess! adio and television facilities so as to givcandidates e7ual oppotunities unde e7ual cicumstances to makknown thei 7ualifications and thei stand on public issues within th

limits set foth in this Code on election spending.

=ules and egulations pomulgated by the Commission unde and bauthoity of this section shall take effect on the seventh day aftethei publication in at least two daily newspapes of geneaciculation. Pio to the effectivity of said ules and egulations! npolitical advetisement o popaganda fo o against any candidate opolitical paty shall be published o boadcast though the masmedia.

&iolation of the ules and egulations of the Commission issued timplement this section shall be an election offense punishable unde3ection * heeof.

Section 8#.=allies! meetings and othe political activities. -3ub9ecto the e7uiements of local odinances on the issuance of pemits

any political paty suppoting official candidates o any candidatindividually o 9ointly with othe aspiants may hold peaceful politicaallies! meetings! and othe simila activities duing the campaigpeiod$ Povided! That all applications fo pemits to hold meetingsallies and othe simila political activities! eceipt of which must backnowledged in witing and which application shall be immediatelposted in a conspicuous place in the city o municipal building! sha


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be acted upon in witing by local authoities concened within thedays afte the filing theeof and any application not acted upon withisaid peiod shall be deemed appoved$ and Povided! futhe! Thadenial of any application fo said pemit shall be appealable to thpovincial election supeviso o to the Commission whose decisio

shall be made within foty-eight hous and which shall be final aneecutoy$ Povided! finally! That one only 9ustifiable gound fo deniais a pio witten application by any candidate o political paty fo thsame pupose has been appoved.

Section 88.Public ally. -Any political paty o candidate shall notifthe election egista concened of any public ally said political pato candidate intends to ogani6e and hold in the city o municipality

and within seven woking days theeafte submit to the electioegista a statement of epenses incued in connection theewith.

Section 8$.Tanspotation! food and dinks. -2t shall be unlawful foany candidate! political paty! ogani6ation! o any peson to give oaccept! fee of chage! diectly o indiectly! tanspotation! food odinks o things of value duing the five hous befoe and afte public meeting! on the day peceding the election! and on the day o

the election) o to give o contibute! diectly o indiectly! money othings of value fo such pupose.

Section $%.Comelec space. -The Commission shall pocue space iat least one newspape of geneal ciculation in evey povince o cityPovided! howeve! That in the absence of said newspape! publicatioshall be done in any othe maga6ine o peiodical in said povince ocity! which shall be known as "Comelec 3pace" wheein candidatecan announce thei candidacy. 3aid space shall be allocated! fee ochage! e7ually and impatially by the Commission among acandidates within the aea in which the newspape is ciculated.

Section $1.Comelec poste aea. -8heneve pacticable! thCommission shall also designate and povide fo a common poste ain stategic places in each town wheein candidates can announc


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and futhe thei candidacy though postes! said space to be likewisallocated fee of chage! e7ually and impatially by the Commissioamong all the candidates concened.

Section $2.Comelec time. -The Commission shall pocue adio antelevision time to be known as "Comelec Time" which shall b

allocated e7ually and impatially among the candidates within thaea of coveage of all adio and television stations. :o this puposethe fanchise of all adio boadcasting and television station aheeby amended so as to povide adio television time! fee of chageduing the peiod of the campaign.

Section $3.Comelec infomation bulletin. -The Commission shacause the pinting! and supevise the dissemination of bulletins to b

known as "Comelec ,ulletin" which shall be of such si6e as tade7uately contain the pictue! bio-data and pogam of govenmenof evey candidate. 3aid bulletin shall be disseminated to the voteo displayed in such places as to give due pominence theeto. Ancandidate may epint at his epense! any "Comelec ,ulletin" upopio authoity of the Commission$ Povided! That the pinting of thnames of the diffeent candidates with thei bio-data must be i

alphabetical ode iespective of paty affiliation.

ARTICLE (I

ELECTORAL CONTRIBUTIONS AND E(PENDITURES

Section $.


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voluntaily donated by othe pesons! the money value of whiccan be assessed based on the ates pevailing in the aea.

4b5 The tem "ependitue" includes the payment o delivey omoney of anything of value! o a contact! pomise o ageemento make an ependitue! fo the pupose of influencing th

esults of the election. 2t shall also include the use of facilitiepesonally owned by the candidate! the money value of the usof which can be assessed based on the ates pevailing in thaea.

4c5 The tem "peson" includes an individual! patneshipcommittee! association! copoation! and any othe ogani6atioo goup of pesons.

Section $!.Pohibited contibutions. ->o contibution fo puposeof patisan political activity shall be made diectly o indiectly by anof the following$

4a5 Public o pivate financial institutions$ Povided! howeve! Thanothing heein shall pevent the making of any loan to candidate o political paty by any such public o pivate financia

institutions legally in the business of lending money! and that thloan is made in accodance with laws and egulations and in thodinay couse of business)

4b5 >atual and 9uidical pesons opeating a public utility o ipossession of o eploiting any natual esouces of the nation)

4c5 >atual and 9uidical pesons who hold contacts o subcontacts to supply the govenment o any of its divisions

subdivisions o instumentalities! with goods o sevices o tpefom constuction o othe woks)

4d5 >atual and 9uidical pesons who have been gantefanchises! incentives! eemptions! allocations o similapivileges o concessions by the govenment o any of itdivisions! subdivisions o instumentalities! including govenmen

owned o contolled copoations)


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4e5 >atual and 9uidical pesons who! within one yea pio to thdate of the election! have been ganted loans o otheaccommodations in ecess of P%((!((( by the govenment oany of its divisions! subdivisions o instumentalities includingovenment-owned o contolled copoations)

4f5 Educational institutions which have eceived gants of publfunds amounting to no less than P%((!(((.(()

4g5 Officials o employees in the Civil 3evice! o membes of thAmed :oces of the Philippines) and

4h5 :oeignes and foeign copoations.

2t shall be unlawful fo any peson to solicit o eceive an

contibution fom any of the pesons o entities enumeateheein.

Section $".3oliciting o eceiving contibutions fom foeigsouces. -2t shall be unlawful fo any peson! including a politicapaty o public o pivate entity to solicit o eceive! diectly oindiectly! any aid o contibution of whateve fom o natue fom anfoeign national! govenment o entity fo the puposes of influencin

the esults of the election.Section $#.Pohibited aising of funds. -2t shall be unlawful fo anpeson to hold dances! lotteies! cockfights! games! boing boutsbingo! beauty contests! entetainments! o cinematogaphic! theaticao othe pefomances fo the pupose of aising funds fo an electiocampaign o fo the suppot of any candidate fom thcommencement of the election peiod up to and including electio

day) o fo any peson o ogani6ation! whethe civic o eligiousdiectly o indiectly! to solicit andIo accept fom any candidate fopublic office! o fom his campaign manage! agent o epesentativeo any peson acting in thei behalf! any gift! food! tanspotationcontibution o donation in cash o in kind fom the commencemenof the election peiod up to and including election day) Povided! Thanomal and customay eligious stipends! tithes! o collections o


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3undays andIo othe designated collection days! ae ecluded fomthis pohibition.

Section $8.Tue name of contibuto e7uied. ->o peson shamake any contibution in any name ecept his own no shall ancandidate o teasue of a political paty eceive a contibution o

ente o ecod the same in any name othe than that of the pesoby whom it was actually made.

Section $$.=epot of contibutions.- Evey peson givincontibutions to any candidate! teasue of the paty! o authoi6eepesentative of such candidate o teasue shall! not late thathity days afte the day of the election! file with the Commission epot unde oath stating the amount of each contibution! the nam

of the candidate! agent of the candidate o political paty eceivinthe contibution! and the date of the contibution.

Section 1%%.imitations upon e"penses of candidates. ->candidate shall spend fo his election campaign an aggegate amouneceeding one peso and fifty centavos fo evey vote cuentegisteed in the constituency whee he filed his candidacy$ PovidedThat the epenses heein efeed to shall include those incued ocaused to be incued by the candidate! whethe in cash o in kindincluding the use! ental o hie of land! wate o aicaft! e7uipmenfacilities! appaatus and paaphenalia used in the campaignPovided! futhe! That whee the land! wate o aicaft! e7uipmenfacilities! appaatus and paaphenalia used is owned by thcandidate! his contibuto o suppote! the Commission is heebempoweed to assess the amount commensuate with the epensefo the use theeof! based on the pevailing ates in the locality anshall be included in the total epenses incued by the candidate.

Section 1%1.imitations upon e"penses of political paties. -A duaccedited political paty may spend fo the election of its candidatein the constituency o constituencies whee it has official candidatean aggegate amount not eceeding the e7uivalent of one peso an


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fifty centavos fo evey vote cuently egisteed theein. Epenseincued by banches! chaptes! o committees of such political patshall be included in the computation of the total ependitues of thpolitical paty.

Epenses incued by othe political paties shall be consideed a

epenses of thei espective individual candidates and sub9ect tlimitation unde 3ection %(( of this Code.

Section 1%2.awful e"penditues. -To cay out the ob9ectives othe peceding sections! no candidate o teasue of a political patshall! diectly o indiectly! make any ependitue ecept fo thfollowing puposes$

4a5 :o tavelling epenses of the candidates and campaigpesonnel in the couse of the campaign and fo pesonaepenses incident theeto)

4b5 :o compensation of campaignes! cleks! stenogaphesmessenges! and othe pesons actually employed in thcampaign)

4c5 :o telegaph and telephone tolls! postage! feight an

epess delivey chages)4d5 :o stationey! pinting and distibution of pinted matteelative to candidacy)

4e5 :o employment of watches at the polls)

4f5 :o ent! maintenance and funishing of campaighead7uates! office o place of meetings)

4g5 :o political meetings and allies and the use of sounsystems! lights and decoations duing said meetings and allies)

4h5 :o newspape! adio! television and othe publadvetisements)

4i5 :o employment of counsel! the cost of which shall not btaken into account in detemining the amount of epenses whic


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a candidate o political paty may have incued unde 3ectio%(( and %(% heeof)

495 :o copying and classifying list of votes! investigating anchallenging the ight to vote of pesons egisteed in the lists thcosts of which shall not be taken into account in detemining th

amount of epenses which a candidate o political paty mahave incued unde 3ections %(( and %(% heeof) o

4k5 :o pinting sample ballots in such colo! si6e and maimumnumbe as may be authoi6ed by the Commission and the cost osuch pinting shall not be taken into account in detemining thamount of epenses which a candidate o political paty mahave incued unde 3ections %(( and %(% heeof.

Section 1%3.Pesons authoi6ed to incu election e"penditues. ->peson! ecept the candidate! the teasue of a political paty o anpeson authoi6ed by such candidate o teasue! shall make anependitue in suppot of o in opposition to any candidate o politicapaty. Ependitues duly authoi6ed by the candidate o the teasueof the paty shall be consideed as ependitues of such candidate opolitical paty.

The authoity to incu ependitues shall be in witing! copy of whicshall be funished the Commission signed by the candidate o thteasue of the paty and showing the ependitues so authoi6edand shall state the full name and eact addess of the peson sdesignated.

Section 1%.Pohibited donations by candidates! teasues o

paties o thei agents. ->o candidate! his o he spouse o anelative within the second civil degee of consanguinity o affinity! ohis campaign manage! agent o epesentative shall duing thcampaign peiod! on the day befoe and on the day of the electiondiectly o indiectly! make any donation! contibution o gift in caso in kind! o undetake o contibute to the constuction o epai ooads! bidges! school buses! pueicultue centes! medical clinics an


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hospitals! chuches o chapels cement pavements! o any stuctufo public use o fo the use of any eligious o civic ogani6ationPovided! That nomal and customay eligious dues o contibutionssuch as eligious stipends! tithes o collections on 3undays o othedesignated collection days! as well as peiodic payments fo legitimat

scholaships established and school contibutions habitually madbefoe the pohibited peiod! ae ecluded fom the pohibition.

The same pohibition applies to teasues! agents o epesentativeof any political paty.

Section 1%!.Accounting by agents of candidate o teasue. -Evepeson eceiving contibutions o incuing ependitues by authoitof the candidate o teasue of the paty shall! on demand by th

candidate o teasue of the paty and in any event within five dayafte eceiving such contibution o incuing such ependitue! endeto the candidate o the teasue of the paty concened! a detaileaccount theeof with pope vouches o official eceipts.

Section 1%".=ecods of contibutions and e"penditues. -

4a5 2t shall be the duty of evey candidate! teasue of th

political paty and peson acting unde the authoity of succandidate o teasue to issue a eceipt fo evey contibutioeceived and to obtain and keep a eceipt stating the paticulaof evey ependitue made.

4b5 Evey candidate and teasue of the paty shall keedetailed! full! and accuate ecods of all contibutions eceiveand ependitues incued by him and by those acting unde h

authoity! setting foth theein all infomation e7uied to bepoted.

4c5 Evey candidate and teasue of the paty shall besponsible fo the pesevation of the ecods of contibutionand ependitues! togethe with all petinent documents! fo aleast thee yeas afte the holding of the election to which thepetain and fo thei poduction fo inspection by the Commissio


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o its duly authoi6ed epesentative! o upon pesentation of subpoena duces tecum duly issued by the Commission. :ailue othe candidate o teasue to peseve such ecods o documentshall be deemed pima facie evidence of violation of thpovisions of this Aticle.

Section 1%#.3tatement of contibutions and e"penditues. -Evecandidate and teasue of the political paty shall! not late thaseven days! o ealie than ten days befoe the day of the electionfile in duplicate with the office indicated in the following section! fultue and itemi6ed! statement of all contibutions and ependitues iconnection with the election.

8ithin thity days afte the day of the election! said candidate an

teasue shall also file in duplicate a supplemental statement of acontibution and ependitues not included in the statement filed pioto the day of the election.

Section 1%8.Place fo filing statements. -The statements ocontibutions and ependitues shall be filed as follows$

4a5 Those of candidates fo Pesident and &ice-Pesident! wit

the Commission.4b5 Those of candidates fo +embes of the ,atasang Pambansawith the povincial election supeviso concened! ecept those ocandidates in the >ational Capital =egion which shall be filed witthe egional election diecto of said egion.

4c5 Those of candidates fo povincial offices! with the povinciaelection supeviso concened.

4d5 Those of candidates fo city! municipal and baangay officewith the election egista concened.

2f the statement is sent by mail! it shall be by egisteed mail! and thdate on which it was egisteed with the post office may bconsideed as the filing date theeof if confimed on the same date b


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telegam o adiogam addessed to the office o official with whomthe statement should be filed.

The povincial election supevisos and election egistas conceneshall! within fifteen days afte the last day fo the filing of thstatements! send to the Commission duplicate copies of a

statements filed with them.Section 1%$.:om and contents of statement. -The statement shabe in witing! subscibed and swon to by the candidate o by thteasue of the paty! shall be complete as of the date net pecedinthe date of filing and shall set foth in detail 4a5 the amount ocontibution! the date of eceipt! and the full name and eact addesof the peson fom whom the contibution was eceived) 4b5 th

amount of evey ependitue! the date theeof! the full name aneact addess of the peson to whom payment was made! and thpupose of the ependitue) 4c5 any unpaid obligation! its natue anamount! and to whom said obligation is owing) and 4d5 such othepaticulas which the Commission may e7uie.

2f the candidate o teasue of the paty has eceived ncontibution! made no ependitue! o has no pending obligation! thstatement shall eflect such fact.

Section 11%.Pesevation and inspection of statements. -Astatements of contibutions and ependitues shall be kept anpeseved at the office whee they ae filed and shall constitute paof the public ecods theeof fo thee yeas afte the election twhich they petain. They shall not be emoved theefom ecept upo

ode of the Commission o of a competent cout and shall! duinegula office hous! be sub9ect and open to inspection by the publicThe office in-chage theeof! shall! on demand! funish cetifiecopies of any statement upon payment of the fee pescibed unde3ection *@( heeof.


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2t shall be the duty of the Commission to eamine all statements ocontibutions and ependitues of candidates and political paties tdetemine compliance with the povisions of this Aticle.

Section 111.Effect of failue to file statement. -2n addition to othesanctions povided in this Code! no peson elected to any public offic

shall ente upon the duties of his office until he has filed thstatement of contibutions and ependitues heein e7uied.

The same pohibition shall apply if the political paty which nominatethe winning candidate fails to file the statements e7uied heeiwithin the peiod pescibed by this Code.

Section 112.=epot of contacto and business fims.- Evey peso

o fim to whom any electoal ependitue is made shall! within thitdays afte the day of the election! file with the Commission a eposetting foth the full names and eact addesses of the candidatesteasues of political paties! and othe pesons incuing sucependitues! the natue o pupose of each ependitue! the datand costs theeof! and such othe paticulas as the Commission mae7uie. The epot shall be signed and swon to by the supplie ocontacto! o in case of a business fim o association! by itpesident o geneal manage.

2t shall be the duty of such peson o fim to whom an electoaependitue is made to e7uie evey agent of a candidate o of thteasue of a political paty to pesent witten authoity to incuelectoal ependitues in behalf of such candidate o teasue! and tkeep and peseve at its place of business! sub9ect to inspection b

the Commission o its authoi6ed epesentatives! copies of sucwitten authoity! contacts! vouches! invoices and othe ecods andocuments elative to said ependitues fo a peiod of thee yeaafte the date of the election to which they petain.

2t shall be unlawful fo any supplie! contacto o business fim tente into contact involving election ependitues wit


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epesentatives of candidates o political paties without such witteauthoity.

ARTICLE (II

REGISTRATION OF VOTERS

Section 113.Pemanent ist of &otes. -Any povision oPesidential o. %?' to the contay notwithstanding! the lisof votes pepaed and used in the election of +embes of th,atasang Pambansa on +ay %! %'?! with such additionscancellations and coections as may heeafte be made in accodancwith the povisions of this Code! shall constitute the pemanent list o

votes in each city o municipality! as the case may be! until %''.:o puposes of the net following election! the Commission! thougthe election egistas! shall assign the pope pecincts and pollinplaces to the egisteed votes in said list. 8itten notice of any succhange shall be made to the affected votes within two weektheefom.

Section 11.=enewal of the Pemanent ist.- The list of vote

pepaed in accodance with the peceding section shall be enewein nineteen hunded and ninety-si and evey twelve yeas theeafte

Section 11!.>ecessity of =egistation. -2n ode that a 7ualifieelecto may vote in any election! plebiscite o efeendum! he must begis

Documents

h. Bp 881 Omnibus Election Code of the Philippines