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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 "Omnibus Election Code of the Philippines."

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

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

The period of campaign shall be as follows$

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

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

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

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

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

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

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

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

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

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

Section #Call of special election. -

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

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

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

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

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


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

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

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

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

?.

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

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


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


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

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

=ational Capital egion$

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

egion 2$

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

egion 22$

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

egion 222$

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

egion 2&$

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

and Trece +artires 0)aguna with 3an Pablo Cit# )+arindu7ue %)Occidental +indoro %)Oriental +indoro *)Palawan with Puerto Princesa Cit# %)Due6on with ucena Cit# )i6al *)omblon %.

egion &$

Alba# with egaspi Cit# 0)

Camarines =orte %)Camarines 3ur with the cities of 2rigaand =aga )Catanduanes %)+asbate *)3orsogon *.

egion &2$

Aklan %)Anti7ue %)Capi6 with o!as Cit#)2loilo with 2loilo Cit# /)

=egros Occidental with the cities of,acolod ,ago Cadi6 a Carlota 3anCarlos and 3ila# ?.

egion &22$

,ohol with Tagbilaran Cit# 0)Cebu with the cities of ;anao apu-apu +andaue and Toledo B)=egros Oriental with the cities of ,aisCanlaon and ;umaguete 0)3i7ui9or %)Cebu Cit# *.

egion &222$

e#te with the cities of Ormoc andTacloban /)3outhern e#te %)Eastern 3amar %)=orthern 3amar %)3amar with Calba#og Cit# *.

egion 2H$

,asilan %)3ulu %)Tawi-Tawi %)Gamboanga del =orte with the cities of;apitan and ;ipolog *)Gamboanga del 3ur with Pagadian Cit#0)Gamboanga Cit# %.

egion H$

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

,ukidnon *)Camiguin %)+isamis Occidental with the cities ofOro7uieta O6amis and Tangub %)+isamis Oriental with :ingoog Cit# *)3urigao del =orte with 3urigao Cit# %)Caga#an de Oro Cit# %.

egion H2$

3urigao del 3ur %);avao del =orte 0)


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;avao Oriental %);avao del 3ur *)3outh Cotabato with :eneral 3antosCit# 0);avao Cit# *.

egion H22$

anao del =orte %)anao del 3ur with +arawi Cit# *)+aguindanao with Cotabato Cit# *)=orth Cotabato *)3ultan Fudarat %)2ligan Cit# %.

An# province that ma# hereafter be created or an# component cit# that ma# hereafter be declared b# or pursuant to law

as a highl# urbani6ed cit# shall be entitled in the immediatel# following election to at least one +ember or such number of+embers as it ma# be entitled to on the basis of the number of the inhabitants and on the same uniform and progressiveratio used in the last preceding apportionment. The number of +embers apportioned to the province out of which the newprovince was created or where the new highl# urbani6ed cit# is geographicall# located shall be correspondingl# ad9ustedb# the Commission but such ad9ustment shall not be made within one hundred twent# da#s before the election.

Section 2!."oting by province and its component cities' by $ig$ly urbani*ed city or by district in )etropolitan )anila. -Allcandidates shall be voted at large b# the registered voters of their respective constituencies. The candidatescorresponding to the number of +ember or +embers to be elected in a constituenc# who receive the highest number ofvotes shall be declared elected.

Section 2".#ectoral representatives. -There shall be three sectors to be represented in the ,atasang Pambansanamel#$ 4%5 #outh) 4*5 agricultural labor) 405 industrial labor whose representatives shall be elected in the manner herein

provided. Each sector shall be entitled to four representatives two of whom shall come from u6on one from &isa#asand one from +indanao$ Provided That the #outh sector shall be entitled to two additional sectoral representatives whoshall be elected from an# part of the countr#.

Section 2#.#cope of t$e sectors. -The agricultural labor sector covers all persons who personall# and ph#sicall# till theland as their principal occupation. 2t includes agricultural tenants and lessees rural workers and farm emplo#ees owner-cultivators settlers and small fishermen.

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

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

Section 28.

#election of sectoral representatives. -=ot later than twent# da#s after the election of provincial cit# ordistrict representatives the most representative and generall# recogni6ed organi6ations or aggroupments of members ofthe agricultural labor industrial labor and #outh sectors as attested to b# the +inisters of Agrarian eform and of

Agriculture and


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The officials elected shall assume office on the thirtieth da# of une ne!t following the election and shall hold office for si!#ears and until their successors shall have been elected and 7ualified.

All local incumbent officials whose tenure of office shall e!pire on +arch *0 %'>B shall hold office until une 0( %'>B oruntil their successors shall have been elected and 7ualified$ Provided That the# cannot be suspended or removed without

9ust cause.

Section 3%.Component and $ig$ly urbani*ed cities. -nless their respective charters provide otherwise the electorate ofcomponent cities shall be entitled to vote in the election for provincial officials of the province of which it is a part.

The electorate of highl# urbani6ed cities shall not vote in the election for provincial officials of the province in which it islocated$ Provided however That no component cit# shall be declared or be entitled to a highl# urbani6ed cit# status withinninet# da#s prior to an# election.

ARTICLE V

ELECTION OF MEMBERS OF THE REGIONAL ASSEMBL' OF THE AUTONOMOUS REGIONS.

Section 31.T$e #angguniang Pampoo& of t$e autonomous regions. -egion 2H and egion H22 in southern Philippinesshall each have a 3angguniang Pampook to be composed of twent#-seven members and shall include seventeenrepresentatives elected from the different provinces and cities of each region and a sectoral representative each fromamong the #outh agricultural workers and non-agricultural workers 4industrial labor5 of each region to be selected in the

manner herein provided whose 7ualifications and dis7ualifications are the same as +embers of the ,atasang Pambansa.

The President shall appoint an additional seven representatives in each region whenever in his 9udgment an# other sectoris not properl# represented in the 3angguniang Pampook as a result of the elections.

Section 32.Apportionment of members of t$e #angguniang Pampoo&. -The +embers of the 3angguniang Pampook ofegion 2H and of egion H22 shall be apportioned as follows$

egion 2H$

,asilan one 4%5)3ulu three 405)

Tawi-Tawi one 4%5)Gamboanga del =orte including the cities of ;ipolog and ;apitan four 45)and Gamboanga del 3ur including the Cit# of Pagadian si! 4B5)and Gamboanga Cit# two 4*5)

egion H22$

anao del =orte two 4*5) 2ligan Cit# one 4%5)anao del 3ur including the Cit# of +arawi four 45)+aguindanao including the Cit# of Cotabato four 45)=orth Cotabato four 45)and 3ultan Fudarat two 4*5.

Section 33.Election of members of #angguniang Pampoo&. -The candidates for the position of seventeenrepresentatives to the 3angguniang Pampook of egion 2H and of egion H22 shall be voted at large b# the registeredvoters of each province including the cities concerned.

The candidates corresponding to the number of member or members to be elected in a constituenc# who receive thehighest number of votes shall be declared elected.

Section 3.#election of sectoral representatives. -The President shall within thirt# da#s from the convening of each3angguniang Pampook appoint the sectoral representatives on recommendation of the 3angguniang Pampook and afterdue consultation with the representative and generall# recogni6ed organi6ations or aggrupations of members of the #outhagricultural workers and non-agricultural workers as attested b# the +inisters of ocal :overnment and of EducationCulture and 3ports 4#outh5 +inisters of Agrarian eform and of Agriculture and


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Section 3!.Filling of vacancy. -Pending an election to fill a vacanc# arising from an# cause in the 3angguniangPampook the vacanc# shall be filled b# the President upon recommendation of the 3angguniang Pampook$ ProvidedThat the appointee shall come from the same province or sector of the member being replaced.

Section 3".Term of office. -The present members of the 3angguniang Pampook of each of egion 2H and egion H22shall continue in office until une 0( %'>B or until their successors shall have been elected and 7ualified or appointed and7ualified in the case of sectoral members. The# ma# not be removed or replaced e!cept in accordance with the internalrules of said assembl# or provisions of pertinent laws.

The election of members of the 3angguniang Pampook of the two regions shall be held simultaneousl# with the localelections of %'>B. Those elected in said elections shall have a term of four #ears starting une 0( %'>B.

Those elected in the election of %''( to be held simultaneousl# with the elections of +embers of the ,atasang Pambansashall have a term of si! #ears.

ARTICLE VI

ELECTION OF BARANGA' OFFICIALS

Section 3#.!egular election of barangay officials. -The election for baranga# officials shall be held throughout thePhilippines in the manner prescribed on the second +onda# of +a# =ineteen hundred and eight#-eight and on the sameda# ever# si! #ears thereafter.

The officials elected shall assume office on the thirtieth da# of une ne!t following the election and shall hold office for si!#ears and until their successors shall have been elected and 7ualified.

Section 38.Conduct of elections. -The baranga# election shall be non-partisan and shall be conducted in an e!peditiousand ine!pensive manner.

=o person who files a certificate of candidac# shall represent or allow himself to be represented as a candidate of an#political part# or an# other organi6ation) and no political part# political group political committee civic religiousprofessional or other organi6ation or organi6ed group of whatever nature shall intervene in his nomination or in the filingof his certificate of candidac# or give aid or support directl# or indirectl# material or otherwise favorable to or against hiscampaign for election$ Provided That this provision shall not appl# to the members of the famil# of a candidate within thefourth civil degree of consanguinit# or affinit# nor to the personal campaign staff of the candidate which shall not be more

than one for ever# one hundred registered voters in his baranga#$ Provided however That without pre9udice to an#liabilit# that ma# be incurred no permit to hold a public meeting shall be denied on the ground that the provisions of thisparagraph ma# or will be violated.

=othing in this section however shall be construed as in an# manner affecting or constituting an impairment of thefreedom of individuals to support or oppose an# candidate for an# baranga# office.

Section 3$.Certificate of Candidacy. -=o person shall be elected punong baranga# or kagawad ng sangguniangbaranga# unless he files a sworn certificate of candidac# in triplicate on an# da# from the commencement of the electionperiod but not later than the da# before the beginning of the campaign period in a form to be prescribed b# theCommission. The candidate shall state the baranga# office for which he is a candidate.

The certificate of candidac# shall be filed with the secretar# of the sangguniang baranga# who shall have the ministerial

dut# to receive said certificate of candidac# and to immediatel# acknowledge receipt thereof.

2n case the secretar# refuses to receive the same or in the case of his absence or non-availabilit# a candidate ma# filehis certificate with the election registrar of the cit# or municipalit# concerned.

The secretar# of the sangguniang baranga# or the election registrar as the case ma# be shall prepare a consolidated listall the candidates and shall post said list in the baranga# hall and in other conspicuous places in the baranga# at least tenda#s before the election.

An# elective or appointive municipal cit# provincial or national official or emplo#ee or those in the civil or militar# serviceincluding those in government-owned or controlled corporations shall be considered automaticall# resigned upon thefiling of certificate of candidac# for a baranga# office.

Section %.%oard of Election Tellers. -

4%5 The Commission shall constitute not later than ten da#s before the election a board of election tellers in ever#baranga# polling place to be composed of a public elementar# school teacher as chairman and two memberswho are registered voters of the polling place concerned but who are not incumbent baranga# officials nor relatedto an# candidate for an# position in that baranga# within the fourth civil degree of affinit# or consanguinit#.

2n case no public elementar# school teachers are available the Commission shall designate an# registered voterin the polling place who is not an incumbent baranga# official nor related to an# candidate for an# position in thatbaranga# within the fourth civil degree of affinit# or consanguinit#.


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4*5 The board of election tellers shall supervise and conduct the election in their respective polling places countthe votes and thereafter prepare a report in triplicate on a form prescribed b# the Commission. The original of thisreport shall be delivered immediatel# to the baranga# board of canvassers. The second cop# shall be delivered tothe election registrar and the third cop# shall be delivered to the secretar# of the sangguniang baranga# who shallkeep the same on file.

Section 1.!egistration of voters and list of voters. -=ot later than seven da#s before the election the board of electiontellers shall meet in ever# baranga# polling place to conduct the registration of baranga# voters and to prepare the list ofvoters. An# voter ma# challenge the 7ualification of an# person seeking to register and said challenge shall be heard and

decided on the same da# b# the board of election tellers.

The final list of voters shall be posted in the polling places at least two da#s before election da#. The registration of an#voter shall not be transferred without written notice at least two da#s before the date of election. =ot later than the da#following the baranga# election the board of election tellers shall deliver the list of voters to the election registrar forcustod# and safekeeping.

Section 2.Polling places. -4%5 The chairman of the board of election tellers shall designate the public school or an#other public building within the baranga# to be used as polling place in case the baranga# has one election precinct. 4*5


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405 2n a baranga# where there is onl# one polling place the baranga# board of election tellers shall also be thebaranga# board of canvassers.

Section #.Activities during t$e campaign period. -;uring the campaign period the punong baranga# if he is not acandidate or an# resident of the baranga# designated b# the Commission shall convene the baranga# assembl# at leastonce for the purpose of allowing the candidates to appear at a 9oint meeting dul# called upon proper and with at least twoda#s notice to e!plain to the baranga# voters their respective program of administration their 7ualifications and otherinformation that ma# help enlighten voters in casting their votes.

The members of the baranga# assembl# ma# take up and discuss other matters relative to the election of baranga#officials.

Section 8.(atc$ers. -Candidates ma# appoint two watchers each to serve alternatel# in ever# polling place within thebaranga# who shall be furnished with a signed cop# of the results of the election in such form as the Commission ma#prescribe immediatel# after the completion of the canvass.

Section $.+nclusion and exclusion cases. -2nclusion and e!clusion cases which shall be decided not later than sevenbefore the date of the election shall be within the e!clusive original 9urisdiction of the municipal or metropolitan trial court.The notice of such decision shall be served to all parties within twent#-four hours following its promulgation and an# part#adversel# affected ma# appeal therefrom within twent#-four hours to the regional trial court which shall finall# decide thesame not later than two da#s before the date of the election.

Section !%.Funding. - ocal governments shall appropriate such funds to defra# such necessar# and reasonablee!penses of the members of the board of election tellers board of canvassers and the printing of election forms andprocurement of other election paraphernalia and the installation of polling booths.

Section !1.Penalties. -&iolations of an# provisions of this Article shall constitute prohibited acts and shall be prosecutedand penali6ed in accordance with the provisions of this Code.

ARTICLE VII

THE COMMISSION ON ELECTIONS

Section !2.Po,ers and functions of t$e Commission on Elections. -2n addition to the powers and functions conferredupon it b# the Constitution the Commission shall have e!clusive charge of the enforcement and administration of all laws

relative to the conduct of elections for the purpose of ensuring free orderl# and honest elections and shall$

4a5 E!ercise direct and immediate supervision and control over national and local officials or emplo#ees includingmembers of an# national or local law enforcement agenc# and instrumentalit# of the government re7uired b# lawto perform duties relative to the conduct of elections. 2n addition it ma# authori6e C+T cadets eighteen #ears ofage and above to act as its deputies for the purpose of enforcing its orders.

The Commission ma# relieve an# officer or emplo#ee referred to in the preceding paragraph from theperformance of his duties relating to electoral processes who violates the election law or fails to compl# with itsinstructions orders decisions or rulings and appoint his substitute. pon recommendation of the Commissionthe corresponding proper authorit# shall suspend or remove from office an# or all of such officers or emplo#eeswho ma# after due process be found guilt# of such violation or failure.

4b5 ;uring the period of the campaign and ending thirt# da#s thereafter when in an# area of the countr# there arepersons committing acts of terrorism to influence people to vote for or against an# candidate or political part# theCommission shall have the power to authori6e an# member or members of the Armed


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service of the subpoena to said witnesses ma# issue a warrant to arrest witness and bring him before theCommission or the officer before whom his attendance is re7uired.

An# controvers# submitted to the Commission shall after compliance with the re7uirements of due process beimmediatel# heard and decided b# it within si!t# da#s from submission thereof. =o decision or resolution shall berendered b# the Commission either en banc or b# division unless taken up in a formal session properl# convenedfor the purpose.

The Commission ma# when necessar# avail of the assistance of an# national or local law enforcement agenc#

andIor instrumentalit# of the government to e!ecute under its direct and immediate supervision an# of its finaldecisions orders instructions or rulings.

4e5 Punish contempts provided for in the ules of Court in the same procedure and with the same penaltiesprovided therein. An# violation of an# final and e!ecutor# decision order or ruling of the Commission shallconstitute contempt thereof.

4f5 Enforce and e!ecute its decisions directives orders and instructions which shall have precedence over thoseemanating from an# other authorit# e!cept the 3upreme Court and those issued in habeas corpus proceedings.

4g5 Prescribe the forms to be used in the election plebiscite or referendum.

4h5 Procure an# supplies e7uipment materials or services needed for the holding of the election b# publicbidding$ Provided That if it finds the re7uirements of public bidding impractical to observe then b# negotiationsor sealed bids and in both cases the accredited parties shall be dul# notified.

4i5 Prescribe the use or adoption of the latest technological and electronic devices taking into account thesituation prevailing in the area and the funds available for the purpose$ Provided That the Commission shall notif#the authori6ed representatives of accredited political parties and candidates in areas affected b# the use oradoption of technological and electronic devices not less than thirt# da#s prior to the effectivit# of the use of suchdevices.

495 Carr# out a continuing and s#stematic campaign through newspapers of general circulation radios and othermedia forms to educate the public and full# inform the electorate about election laws procedures decisions andother matters relative to the work and duties of the Commission and the necessit# of clean free orderl# and

honest electoral processes.

4k5 Enlist non-partisan group or organi6ations of citi6ens from the civic #outh professional educational businessor labor sectors known for their probit# impartialit# and integrit# with the membership and capabilit# to undertakea coordinated operation and activit# to assist it in the implementation of the provisions of this Code and theresolutions orders and instructions of the Commission for the purpose of ensuring free orderl# and honestelections in an# constituenc#.

3uch groups or organi6ations shall function under the direct and immediate control and supervision of theCommission and shall perform the following specific functions and duties$

A. ,efore Election ;a#$

%. ndertake an information campaign on salient features of this Code and help in thedissemination of the orders decisions and resolutions of the Commission relative to theforthcoming election.

*. 8age a registration drive in their respective areas so that all citi6ens of voting age nototherwise dis7ualified b# law ma# be registered.

0. 1elp cleanse the list of voters of illegal registrants conduct house-to-house canvass ifnecessar# and take the appropriate legal steps towards this end.

. eport to the Commission violations of the provisions of this Code on the conduct of thepolitical campaign election propaganda and electoral e!penditures.

,. On Election ;a#$

%. E!hort all registered voters in their respective areas to go to their polling places and cast theirvotes.

*. =ominate one watcher for accreditation in each polling place and each place of canvass whoshall have the same duties functions and rights as the other watchers of political parties andcandidates. +embers or units of an# citi6en group or organi6ation so designated b# theCommission e!cept its lone dul# accredited watcher shall not be allowed to enter an# pollingplace e!cept to vote and shall if the# so desire sta# in an area at least fift# meters awa# fromthe polling place.


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0. eport to the peace authorities and other appropriate agencies all instances of terrorismintimidation of voters and other similar attempts to frustrate the free and orderl# casting of votes.

. Perform such other functions as ma# be entrusted to such group or organi6ation b# theCommission.

The designation of an# group or organi6ation made in accordance herewith ma# be revoked b# the Commissionupon notice and hearing whenever b# its actuations such group or organi6ation has shown partialit# to an#political part# or candidate or has performed acts in e!cess or in contravention of the functions and duties herein

provided and such others which ma# be granted b# the Commission.

4l5 Conduct hearings on controversies pending before it in the cities or provinces upon proper motion of an# part#taking into consideration the materialit# and number of witnesses to be presented the situation prevailing in thearea and the fund available for the purpose.

4m5


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Section "".Candidates $olding appointive office or positions. -An# person holding a public appointive office or positionincluding active members of the Armed ' '/ 'B '? and %() or 4e5 violatedan# of 3ections >( >0 >/ >B and *B% paragraphs d e k v and cc subparagraph B shall be dis7ualified fromcontinuing as a candidate or if he has been elected from holding the office. An# person who is a permanent resident of oran immigrant to a foreign countr# shall not be 7ualified to run for an# elective office under this Code unless said personhas waived his status as permanent resident or immigrant of a foreign countr# in accordance with the residencere7uirement provided for in the election laws.

Section "$.uisance candidates. -The Commission ma# motu proprio or upon a verified petition of an interested part#refuse to give due course to or cancel a certificate of candidac# if it is shown that said certificate has been filed to put the

election process in mocker# or disrepute or to cause confusion among the voters b# the similarit# of the names of theregistered candidates or b# other circumstances or acts which clearl# demonstrate that the candidate has no bona fideintention to run for the office for which the certificate of candidac# has been filed and thus prevent a faithful determinationof the true will of the electorate.

Section #%./uest candidacy. -A political part# ma# nominate andIor support candidates not belonging to it.

Section #2.Effects of disualification cases and priority. -The Commission and the courts shall give

priorit# to cases of dis7ualification b# reason of violation of this Act to the end that a final decision shall be rendered notlater than seven da#s before the election in which the dis7ualification is sought.

An# candidate who has been declared b# final 9udgment to be dis7ualified shall not be voted for and the votes cast forhim shall not be counted. =evertheless if for an# reason a candidate is not declared b# final 9udgment before an electionto be dis7ualified and he is voted for and receives the winning number of votes in such election his violation of theprovisions of the preceding sections shall not prevent his proclamation and assumption to office.

Section #3.Certificate of candidacy. - =o person shall be eligible for an# elective public office unless he files a sworncertificate of candidac# within the period fi!ed herein.

A person who has filed a certificate of candidac# ma# prior to the election withdraw the same b# submitting to the officeconcerned a written declaration under oath.

=o person shall be eligible for more than one office to be filled in the same election and if he files his certificate ofcandidac# for more than one office he shall not be eligible for an# of them.

1owever before the e!piration of the period for the filing of certificates of candidac# the person who was filed more thanone certificate of candidac# ma# declare under oath the office for which he desires to be eligible and cancel the certificateof candidac# for the other office or offices.

The filing or withdrawal of a certificate of candidac# shall not affect whatever civil criminal or administrative liabilitieswhich a candidate ma# have incurred.

Section #.Contents of certificate of candidacy. -The certificate of candidac# shall state that the person filing it isannouncing his candidac# for the office stated therein and that he is eligible for said office) if for +ember of the ,atasangPambansa the province including its component cities highl# urbani6ed cit# or district or sector which he seeks torepresent) the political part# to which he belongs) civil status) his date of birth) residence) his post office address for allelection purposes) his profession or occupation) that he will support and defend the Constitution of the Philippines and will

maintain true faith and allegiance thereto) that he will obe# the laws legal orders and decrees promulgated b# the dul#constituted authorities) that he is not a permanent resident or immigrant to a foreign countr#) that the obligation imposedb# his oath is assumed voluntaril# without mental reservation or purpose of evasion) and that the facts stated in thecertificate of candidac# are true to the best of his knowledge.

nless a candidate has officiall# changed his name through a court approved proceeding a certificate shall use in acertificate of candidac# the name b# which he has been bapti6ed or if has not been bapti6ed in an# church or religion thename registered in the office of the local civil registrar or an# other name allowed under the provisions of e!isting law orin the case of a +uslim his 1ad9i name after performing the prescribed religious pilgrimage$ Provided That when thereare two or more candidates for an office with the same name and surname each candidate upon being made aware orsuch fact shall state his paternal and maternal surname e!cept the incumbent who ma# continue to use the name and


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surname stated in his certificate of candidac# when he was elected. 1e ma# also include one nickname or stage name b#which he is generall# or popularl# known in the localit#.

The person filing a certificate of candidac# shall also affi! his latest photograph passport si6e) a statement in duplicatecontaining his bio-data and program of government not e!ceeding one hundred words if he so desires.

Section #!.Filing and distribution of certificate of candidacy. -The certificate of candidac# shall be filed on an# da# fromthe commencement of the election period but not later than the da# before the beginning of the campaign period$Provided That in cases of postponement or failure of election under 3ections / and B hereof no additional certificate of

candidac# shall be accepted e!cept in cases of substitution of candidates as provided under 3ection ?? hereof.

The certificates of candidac# for President and &ice-President of the Philippines shall be filed in ten legible copies with theCommission which shall order the printing of copies thereof for distribution to all polling places. The certificates ofcandidac# for the other offices shall be filed in duplicate with the offices herein below mentioned together with a numberof clearl# legible copies e7ual to twice the number of polling places in the province cit# district municipalit# or baranga#as the case ma# be$

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405 +aking speeches announcements or commentaries or holding interviews for or against the election of an#candidate for public office)

45 Publishing or distributing campaign literature or materials designed to support or oppose the election of an#candidate) or

4/5 ;irectl# or indirectl# soliciting votes pledges or support for or against a candidate.

The foregoing enumerated acts if performed for the purpose of enhancing the chances of aspirants for nomination for

candidac# to a public office b# a political part# aggroupment or coalition of parties shall not be considered as electioncampaign or partisan election activit#.

Public e!pressions or opinions or discussions of probable issues in a forthcoming election or on attributes of or criticismsagainst probable candidates proposed to be nominated in a forthcoming political part# convention shall not be construedas part of an# election campaign or partisan political activit# contemplated under this Article.

Section 8%.Election campaign or partisan political activity outside campaign period. -2t shall be unlawful for an# personwhether or not a voter or candidate or for an# part# or association of persons to engage in an election campaign orpartisan political activit# e!cept during the campaign period$ Provided That political parties ma# hold political conventionsor meetings to nominate their official candidates within thirt# da#s before the commencement of the campaign period andfort#-five da#s for Presidential and &ice-Presidential election.

Section 81.+ntervention of foreigners. -2t shall be unlawful for an# foreigner whether 9udicial or natural person to aid an#candidate or political part# directl# or indirectl# or take part in or influence in an# manner an# election or to contribute ormake an# e!penditure in connection with an# election campaign or partisan political activit#.

Section 82.0a,ful election propaganda. -awful election propaganda shall include$

4a5 Pamphlets leaflets cards decals stickers or other written or printed materials of a si6e not more than eightand one-half inches in width and fourteen inches in length)

4b5 1andwritten or printed letters urging voters to vote for or against an# particular candidate)

4c5 Cloth paper or cardboard posters whether framed or posted with an area e!ceeding two feet b# three feet

e!cept that at the site and on the occasion of a public meeting or rall# or in announcing the holding of saidmeeting or rall# streamers not e!ceeding three feet b# eight feet in si6e shall be allowed$ Provided That saidstreamers ma# not be displa#ed e!cept one week before the date of the meeting or rall# and that it shall beremoved within sevent#-two hours after said meeting or rall#) or

4d5 All other forms of election propaganda not prohibited b# this Code as the Commission ma# authori6e after duenotice to all interested parties and hearing where all the interested parties were given an e7ual opportunit# to beheard$ Provided That the Commission@s authori6ation shall be published in two newspapers of general circulationthroughout the nation for at least twice within one week after the authori6ation has been granted.

Section 83.!emoval' destruction or defacement of la,ful election propaganda pro$ibited. -2t shall be unlawful for an#person during the campaign period to remove destro# obliterate or in an# manner deface or tamper with or prevent thedistribution of lawful election propaganda.

Section 8.!euirements for publis$ed or printed election propaganda. -An# newspaper newsletter newsweekl#ga6ette or maga6ine advertising posters pamphlets circulars handbills bumper stickers streamers simple list ofcandidates or an# published or printed political matter for or against a candidate or group of candidates to an# publicoffice shall bear and be identified b# the words "paid for b#" followed b# the true and correct name and address of thepa#or and b# the words "printed b#" followed b# the true and correct name and address of the printer.

Section 8!.Pro$ibited forms of election propaganda. -2t shall be unlawful$

4a5 To print publish post or distribute an# poster pamphlet circular handbill or printed matter urging voters tovote for or against an# candidate unless the# bear the names and addresses of the printer and pa#or as re7uiredin 3ection > hereof)

4b5 To erect put up make use of attach float or displa# an# billboard tinplate-poster balloons and the like ofwhatever si6e shape form or kind advertising for or against an# candidate or political part#)

4c5 To purchase manufacture re7uest distribute or accept electoral propaganda gadgets such as pens lightersfans of whatever nature flashlights athletic goods or materials wallets shirts hats bandanas matchescigarettes and the like e!cept that campaign supporters accompan#ing a candidate shall be allowed to wear hatsandIor shirts or T-shirts advertising a candidate)

4d5 To show or displa# publicl# an# advertisement or propaganda for or against an# candidate b# means ofcinematograph# audio-visual units or other screen pro9ections e!cept telecasts which ma# be allowed ashereinafter provided) and


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through posters said space to be likewise allocated free of charge e7uall# and impartiall# b# the Commission among allthe candidates concerned.

Section $2.Comelec time. -The Commission shall procure radio and television time to be known as "Comelec Time"which shall be allocated e7uall# and impartiall# among the candidates within the area of coverage of all radio andtelevision stations.


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Section $#.Pro$ibited raising of funds. -2t shall be unlawful for an# person to hold dances lotteries cockfights gamesbo!ing bouts bingo beaut# contests entertainments or cinematographic theatrical or other performances for thepurpose of raising funds for an election campaign or for the support of an# candidate from the commencement of theelection period up to and including election da#) or for an# person or organi6ation whether civic or religious directl# orindirectl# to solicit andIor accept from an# candidate for public office or from his campaign manager agent orrepresentative or an# person acting in their behalf an# gift food transportation contribution or donation in cash or in kindfrom the commencement of the election period up to and including election da#) Provided That normal and customar#religious stipends tithes or collections on 3unda#s andIor other designated collection da#s are e!cluded from thisprohibition.

Section $8.True name of contributor reuired. -=o person shall make an# contribution in an# name e!cept his own norshall an# candidate or treasurer of a political part# receive a contribution or enter or record the same in an# name otherthan that of the person b# whom it was actuall# made.

Section $$.!eport of contributions.- Ever# person giving contributions to an# candidate treasurer of the part# orauthori6ed representative of such candidate or treasurer shall not later than thirt# da#s after the da# of the election filewith the Commission a report under oath stating the amount of each contribution the name of the candidate agent of thecandidate or political part# receiving the contribution and the date of the contribution.

Section 1%%.0imitations upon expenses of candidates. -=o candidate shall spend for his election campaign anaggregate amount e!ceeding one peso and fift# centavos for ever# voter currentl# registered in the constituenc# where hefiled his candidac#$ Provided That the e!penses herein referred to shall include those incurred or caused to be incurred

b# the candidate whether in cash or in kind including the use rental or hire of land water or aircraft e7uipment facilitiesapparatus and paraphernalia used in the campaign$ Provided further That where the land water or aircraft e7uipmentfacilities apparatus and paraphernalia used is owned b# the candidate his contributor or supporter the Commission ishereb# empowered to assess the amount commensurate with the e!penses for the use thereof based on the prevailingrates in the localit# and shall be included in the total e!penses incurred b# the candidate.

Section 1%1.0imitations upon expenses of political parties. -A dul# accredited political part# ma# spend for the electionof its candidates in the constituenc# or constituencies where it has official candidates an aggregate amount not e!ceedingthe e7uivalent of one peso and fift# centavos for ever# voter currentl# registered therein. E!penses incurred b# brancheschapters or committees of such political part# shall be included in the computation of the total e!penditures of the politicalpart#.

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

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

Section 1%2.0a,ful expenditures. -To carr# out the ob9ectives of the preceding sections no candidate or treasurer of apolitical part# shall directl# or indirectl# make an# e!penditure e!cept for the following purposes$

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Section 1%3.Persons aut$ori*ed to incur election expenditures. -=o person e!cept the candidate the treasurer of apolitical part# or an# person authori6ed b# such candidate or treasurer shall make an# e!penditure in support of or inopposition to an# candidate or political part#. E!penditures dul# authori6ed b# the candidate or the treasurer of the part#shall be considered as e!penditures of such candidate or political part#.

The authorit# to incur e!penditures shall be in writing cop# of which shall be furnished the Commission signed b# thecandidate or the treasurer of the part# and showing the e!penditures so authori6ed and shall state the full name ande!act address of the person so designated.

Section 1%.Pro$ibited donations by candidates' treasurers of parties or t$eir agents. -=o candidate his or her spouseor an# relative within the second civil degree of consanguinit# or affinit# or his campaign manager agent orrepresentative shall during the campaign period on the da# before and on the da# of the election directl# or indirectl#make an# donation contribution or gift in cash or in kind or undertake or contribute to the construction or repair of roadsbridges school buses puericulture centers medical clinics and hospitals churches or chapels cement pavements or an#structure for public use or for the use of an# religious or civic organi6ation$ Provided That normal and customar# religiousdues or contributions such as religious stipends tithes or collections on 3unda#s or other designated collection da#s aswell as periodic pa#ments for legitimate scholarships established and school contributions habituall# made before theprohibited period are e!cluded from the prohibition.

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

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

e!penditures b# authorit# of the candidate or treasurer of the part# shall on demand b# the candidate or treasurer of thepart# and in an# event within five da#s after receiving such contribution or incurring such e!penditure render to thecandidate or the treasurer of the part# concerned a detailed account thereof with proper vouchers or official receipts.

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

4a5 2t shall be the dut# of ever# candidate treasurer of the political part# and person acting under the authorit# ofsuch candidate or treasurer to issue a receipt for ever# contribution received and to obtain and keep a receiptstating the particulars of ever# e!penditure made.

4b5 Ever# candidate and treasurer of the part# shall keep detailed full and accurate records of all contributionsreceived and e!penditures incurred b# him and b# those acting under his authorit# setting forth therein allinformation re7uired to be reported.

4c5 Ever# candidate and treasurer of the part# shall be responsible for the preservation of the records ofcontributions and e!penditures together with all pertinent documents for at least three #ears after the holding ofthe election to which the# pertain and for their production for inspection b# the Commission or its dul# authori6edrepresentative or upon presentation of a subpoena duces tecum dul# issued b# the Commission.


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Section 1%$.Form and contents of statement. -The statement shall be in writing subscribed and sworn to b# thecandidate or b# the treasurer of the part# shall be complete as of the date ne!t preceding the date of filing and shall setforth in detail 4a5 the amount of contribution the date of receipt and the full name and e!act address of the person fromwhom the contribution was received) 4b5 the amount of ever# e!penditure the date thereof the full name and e!actaddress of the person to whom pa#ment was made and the purpose of the e!penditure) 4c5 an# unpaid obligation itsnature and amount and to whom said obligation is owing) and 4d5 such other particulars which the Commission ma#re7uire.

2f the candidate or treasurer of the part# has received no contribution made no e!penditure or has no pending obligation

the statement shall reflect such fact.

Section 11%.Preservation and inspection of statements. -All statements of contributions and e!penditures shall be keptand preserved at the office where the# are filed and shall constitute part of the public records thereof for three #ears afterthe election to which the# pertain. The# shall not be removed therefrom e!cept upon order of the Commission or of acompetent court and shall during regular office hours be sub9ect and open to inspection b# the public. The officer in-charge thereof shall on demand furnish certified copies of an# statement upon pa#ment of the fee prescribed under3ection *?( hereof.

2t shall be the dut# of the Commission to e!amine all statements of contributions and e!penditures of candidates andpolitical parties to determine compliance with the provisions of this Article.

Section 111.Effect of failure to file statement. -2n addition to other sanctions provided in this Code no person elected to

an# public office shall enter upon the duties of his office until he has filed the statement of contributions and e!pendituresherein re7uired.

The same prohibition shall appl# if the political part# which nominated the winning candidate fails to file the statementsre7uired herein within the period prescribed b# this Code.

Section 112.!eport of contractor and business firms.- Ever# person or firm to whom an# electoral e!penditure is madeshall within thirt# da#s after the da# of the election file with the Commission a report setting forth the full names ande!act addresses of the candidates treasurers of political parties and other persons incurring such e!penditures thenature or purpose of each e!penditure the date and costs thereof and such other particulars as the Commission ma#re7uire. The report shall be signed and sworn to b# the supplier or contractor or in case of a business firm or associationb# its president or general manager.

2t shall be the dut# of such person or firm to whom an electoral e!penditure is made to re7uire ever# agent of a candidateor of the treasurer of a political part# to present written authorit# to incur electoral e!penditures in behalf of such candidateor treasurer and to keep and preserve at its place of business sub9ect to inspection b# the Commission or its authori6edrepresentatives copies of such written authorit# contracts vouchers invoices and other records and documents relativeto said e!penditures for a period of three #ears after the date of the election to which the# pertain.

2t shall be unlawful for an# supplier contractor or business firm to enter into contract involving election e!penditures withrepresentatives of candidates or political parties without such written authorit#.

ARTICLE (II

REGISTRATION OF VOTERS

Section 113.Permanent 0ist of "oters. -An# provision of Presidential ;ecree =o. %>'B to the contrar# notwithstandingthe list of voters prepared and used in the election of +embers of the ,atasang Pambansa on +a# % %'> with suchadditions cancellations and corrections as ma# hereafter be made in accordance with the provisions of this Code shallconstitute the permanent list of voters in each cit# or municipalit# as the case ma# be until %''B.


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Section 11#.ualifications of a voter. -Ever# citi6en of the Philippines not otherwise dis7ualified b# law eighteen #earsof age or over who shall have resided in the Philippines for one #ear and in the cit# or municipalit# wherein he proposesto vote for at least si! months immediatel# preceding the election ma# be registered as a voter.

An# person who transfers residence to another cit# municipalit# or countr# solel# b# reason of his occupation) profession)emplo#ment in private or public service) educational activities) work in militar# or naval reservations) service in the arm#nav# or air force) the constabular# or national police force) or confinement or detention in government institutions inaccordance with law shall be deemed not to have lost his original residence.

Section 118.Disualifications. -The following shall be dis7ualified from voting$

4a5 An# person who has been sentenced b# final 9udgment to suffer imprisonment for not less than one #ear suchdisabilit# not having been removed b# plenar# pardon or granted amnest#$ Provided however That an# persondis7ualified to vote under this paragraph shall automaticall# reac7uire the right to vote upon e!piration of five#ears after service of sentence.

4b5 An# person who has been ad9udged b# final 9udgment b# competent court or tribunal of having committed an#crime involving dislo#alt# to the dul# constituted government such as rebellion sedition violation of the anti-subversion and firearms laws or an# crime against national securit# unless restored to his full civil and politicalrights in accordance with law$ Provided That he shall regain his right to vote automaticall# upon e!piration of five#ears after service of sentence.

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

Section 11$.Preparation of t$e permanent list of voters. -


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e!clusions and corrections as ma# be or ma# have been ordered b# the courts stating opposite ever# name socorrected added or cancelled the date of the order and the court which issued the same) and for the consecutivenumbering of the voters of the election precinct.

3hould the board fail to include in the list of voters an# person ordered b# competent court to be so included said personshall upon presentation of a certified cop# of the order of inclusion and upon proper identification be allowed b# theboard to vote.

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

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

Section 12!.!e-registration. -A voter who is registered in the permanent list of voters need not register anew forsubse7uent elections unless he transfer residence to another cit# or municipalit# or his registration has been cancelled onthe ground of dis7ualification and such dis7ualification has been lifted or removed. ikewise a voter whose registrationhas been cancelled due to failure to vote in the preceding regular election ma# register anew in the cit# or municipalit#where he is 7ualified to vote.

Section 12".!egistration of voters. -On the seventh and si!th 3aturda#s before a regular election or on the second3aturda# following the da# of the proclamation calling for a new special election plebiscite or referendum an# persondesiring to be registered as a voter shall accomplish in triplicate before the board of election inspectors a voter@s affidavitin which shall be stated the following data$

4a5 =ame surname middle name maternal surname)

4b5 ;ate and place of birth)

4c5 Citi6enship)

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

4e5 E!act address with the name of the street and house number or in case there is none a brief description of thelocalit# and the place)

4f5 A statement that the applicant has not been previousl# registered otherwise he shall be re7uired to attach a

sworn application for cancellation of his previous registration) and

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

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

legible prints of his left and right hand thumbmarks and shall be sworn to and filed together with four copies of the latestidentification photograph to be supplied b# the applicant.

The oath of the applicant shall include a statement that he does not have an# of the dis7ualifications of a voter and that hehas not been previousl# registered in the precinct or in an# other precinct.

,efore the applicant accomplishes his voter@s affidavit the board of election inspectors shall appraise the applicant of the7ualifications and dis7ualifications prescribed b# law for a voter. 2t shall also see to it that the accomplished voter@saffidavit contain all the data therein re7uired and that the applicant@s specimen signatures the prints of his left and righthand thumbmarks and his photograph are properl# affi!ed in each of the voter@s affidavit.

Section 12#.+lliterate or disabled applicants. -The voter@s affidavit of an illiterate or ph#sicall# disabled person ma# beprepared b# an# relative within the fourth civil degree of consanguinit# of affinit# or b# an# member of the board of electioninspectors who shall prepare the affidavit in accordance with the data supplied b# the applicant.

Section 128."oter1s identification. -The identification card issued to the voter shall serve and be considered as adocument for the identification of each registered voter$ Provided however That if the voter@s identit# is challenged onelection da# and he cannot present his voter identification card his identit# ma# be established b# the specimensignatures the photograph or the fingerprints in his voter@s affidavit in the book of voters. =o e!tra or duplicate cop# of the

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

Each identification card shall bear the name and the address of the voter his date of birth se! civil status occupationhis photograph thumbmark the cit# or municipalit# and number of the polling place where he is registered his signaturehis voter serial number and the signature of the chairman of the board of election inspectors.

An# voter previousl# registered under the provisions of Presidential ;ecree =umbered %>'B who desires to secure a voteridentification card shall on an# registration da# provide four copies of his latest identification photograph to the board ofelection inspectors which upon receipt thereof shall affi! one cop# thereof to the voter@s affidavit in the book of voters onecop# to the voter identification card to be issued to the voter and transmit through the election registrar one cop# each tothe provincial election supervisor and the Commission to be respectivel# attached to the voter@s affidavit in their respectivecustod#.


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Section 12$.Action by t$e board of election inspectors. -pon receipt of the voter@s affidavit the board of electioninspectors shall e!amine the data therein. 2f it finds that the applicant possesses all the 7ualifications and none of thedis7ualifications of a voter he shall be registered. Otherwise he shall not be registered.

The name and address of each registered voter shall immediatel# upon his registration be entered in the properalphabetical group in the list after which the voter identification card shall be issued to the voter.

Section 13%.Provincial central file of registered voters. - There shall be a provincial central file of registered voterscontaining the duplicate copies of all approved voter@s affidavits in each cit# and municipalit# in the province which shall be

under the custod# and supervision of the provincial election supervisor. The applications shall be compiled alphabeticall#b# precincts so as to make the file an e!act replica of the book of voters in the possession of the election registrar.

3hould the book of voters in the custod# of the election registrar be lost or destro#ed at a time so close to the election da#that there is no time to reconstitute the same the corresponding book of voters in the provincial file shall be used duringthe voting.

Section 131.ational central file of registered voters. -There shall also be a national central file or registered votersconsisting of the triplicate copies of all approved voters@ affidavits in all cities and municipalities which shall be preparedand kept in the central office of the Commission. The applications in the national central file shall be compiledalphabeticall# according to the surnames of the registered voters regardless of the place of registration.

Section 132.Preservation of voter1s affidavits. -A cop# of the affidavit of each voter shall be kept b# the board of election

inspectors until after the election when it shall deliver the same to the election registrar together with the copies of the listof voters and other election papers for use in the ne!t election. The election registrar shall compile the voter@s affidavits b#precinct alphabeticall# in a book of voters. The other two copies shall be sent b# the board of election inspectors on theda# following the date of the affidavit to the office of the provincial election supervisor and the Commission in +anila. Theprovincial election supervisor and the Commission shall respectivel# file and preserve the voter@s affidavits b# cit# andmunicipalit# and in alphabetical order of their surnames. The fourth cop# shall be given to the voter as evidence of hisregistration.

Section 133.Columns in t$e list of voters. -The list of voters shall be arranged in columns as follows$ 2n the first columnthere shall be entered at the time of closing of the list before the election a number opposite the name of each voterregistered beginning with number one and continuing in consecutive order until the end of the list. 2n the second columnthe surnames of the registered voters shall be written in alphabetical order followed b# their respective first nameswithout abbreviations of an# kind. 2n the third column the respective residences of such persons with the name of the

street and number or in case there be none a brief description of the localit# or place. 2n the fourth column shall beentered the periods of residence in the Philippines and in the cit# or municipalit#. 2n the fifth column there shall be enteredon the da# of the election the numbers of the ballots which were given successivel# to each voter. 2n the si!th column thevoter shall stamp on the da# of the election the mark of the thumb of his right hand and under said mark his signature.

And in the seventh column the signature of the chairman of the board of election inspectors who has handed the ballot tothe voter. 2t will be sufficient that the fifth si!th and seventh columns shall be filled in the cop# of the list under thecustod# of the board of election inspectors which shall see to it that the thumbmark is stamped plainl#.

Section 13.Certificate of t$e board of election inspectors in t$e list of voters. -pon the ad9ournment of each meetingfor the registration of voters the board of election inspectors shall close each alphabetical group of surnames of voters b#writing the dates on the ne!t line in blank which shall be forthwith signed b# each member and before adding a newname on the same page at the ne!t meeting it shall write the following$ "Added at the J J J meeting" specif#ing if it is thesecond third or fourth meeting of the board as the case ma# be. 2f the meeting ad9ourned is the last one for the

registration of voters the board shall besides closing each alphabetical group of voters as above provided add at the endof the list a certificate 4a5 of the corrections and cancellations made in the permanent list specif#ing them or that therehas been none and 4b5 of the total number of voters registered in the precinct.

Section 13!.Publication of t$e list. -At the first hour of the working da# following the last da# of registration of voters thepoll clerk shall deliver to the election registrar a cop# of the list certified to b# the board of election inspectors as providedin the preceding section) another cop# also certified shall be sent to the provincial election supervisor of the provinceand another likewise certified shall be sent to the Commission in whose offices said copies shall be open to publicinspection during regular office hours. On the same da# and hour the poll clerk shall also post a cop# of the list in thepolling place in a secure place on the door or near the same at a height of a meter and a half where it ma# beconvenientl# consulted b# the interested parties. The chairman poll clerk and the two members of the board of electioninspectors shall each keep a cop# of the list which ma# be inspected b# the public in their residence or office duringregular office hours. 2mmediatel# after the meeting for the closing of the list the poll clerk shall also send a notice to the

election registrar provincial election supervisor and the Commission regarding the changes and the numbering abovereferred to to be attached to the cop# of the list under their custod#.

Section 13".C$allenge of rig$t to register. -An# person appl#ing for registration ma# be challenged before the board ofelection inspectors on an# registration da# be an# member voter candidate or watcher. The board shall then e!aminethe challenged person and shall receive such other evidence as it ma# deem pertinent after which it shall decide whetherthe elector shall be included in or e!cluded from the list as ma# be proper. All challenges shall be heard and decidedwithout dela# and in no case be#ond three da#s from the date the challenge was made.

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


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


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4g5 These applications shall be heard and decided without dela#. The decision shall be rendered within si! hoursafter the hearing and within ten da#s from the date of its filing in court. Cases appealed to the regional trial courtshall be decided within ten da#s from receipt of the appeal in the office of the clerk of court. 2n an# case the courtshall decide these petitions not later than the da# before the election and the decision rendered thereon shall beimmediatel# final and e!ecutor# notwithstanding the provisions of 3ection %0> on the finalit# of decisions.

Section 1.Canvass to c$ec& registration. -The election registrar shall once ever# two #ears or more often should theCommission deem it necessar# in order to preserve the integrit# of the permanent lists of voters conduct verification b#mail or house-to-house canvass or both of the registered voters of an# baranga# for purposes of e!clusion proceedings.

Section 1!.Annulment of permanent lists of voters. -An# book of voters not prepared in accordance with the provisionsof this Code or the preparation of which has been effected with fraud briber# forger# impersonation intimidation forceor an# other similar irregularit# or which list is statisticall# improbable ma# upon verified petition of an# voter or electionregistrar or dul# registered political part# and after notice and hearing be annulled b# the Commission$ Provided Thatno order ruling or decision annulling a book of voters shall be e!ecuted within si!t# da#s before an election.

Section 1".!econstitution of lost or destroyed registration records. -The Commission shall reconstitute all registrationrecords which have been lost or destro#ed.


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precinct shall be dul# published b# posting a notice of an# change in conspicuous location in the precinct and inthe municipal building or cit# hall as the case ma# be.

4c5 A municipalit# which has been merged with another municipalit# shall constitute at least one election precinctif the distance between the remotest baranga# of the merged municipalit# and the nearest polling place in themunicipalit# to which it has been merged shall b# the shortest road e!ceed five kilometers.

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

4e5 An# alteration of the election precincts or the establishment of new ones shall be communicated to theprovincial election supervisor the provincial superintendent of schools etc. together with the corresponding mapswhich shall be published as prescribed in the ne!t succeeding sections.

Section 1!1.Publication of maps or precincts. -At least five da#s before the first registration da# preceding a regularelection or special election or a referendum or a plebiscite the Commission shall through its dul# authori6edrepresentative post in the cit# hall or municipal building and in three other conspicuous places in the cit# or municipalit#and on the door of each polling place a map of the cit# or municipalit# showing its division into precincts with theirrespective boundaries and indicating therein all streets and alle#s in populous areas and the location of each pollingplace.

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

Section 1!2.Polling place. -A polling place is the building or place where the board of election inspectors conducts itsproceedings and where the voters shall cast their votes.

Section 1!3.Designation of polling places. -The location of polling places designated in the preceding regular electionshall continue with such changes as the Commission ma# find necessar# after notice to registered political parties andcandidates in the political unit affected if an# and hearing$ Provided That no location shall be changed within fort#-fiveda#s before a regular election and thirt# da#s before a special election or a referendum or plebiscite e!cept in case it isdestro#ed or it cannot be used.

Section 1!.!euirements for polling places. -Each polling place shall be as far as practicable a ground floor and shallbe of sufficient si6e to admit and comfortabl# accommodate fort# voters at one time outside the guard rail for the board ofelection inspectors. The polling place shall be located within the territor# of the precinct as centrall# as possible with

respect to the residence of the voters therein and whenever possible such location shall be along a public road. =odesignation of polling places shall be changed e!cept upon written petition of the ma9orit# of the voters of the precinct oragreement of all the political parties or b# resolution of the Commission upon prior notice and hearing.

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

Section 1!!.%uilding t$at s$all not be used as polling places. -=o polling place shall be located in a public or privatebuilding owned leased or occupied b# an# candidate or of an# person who is related to an# candidate within the fourthcivil degree of consanguinit# or affinit# or an# officer of the government or leader of an# political part# group or factionnor in an# building or surrounding premises under the actual control of a private entit# political part# or religiousorgani6ation. 2n places where no suitable public building is available private school buildings ma# be used as pollingplaces. =o polling place shall be located within the perimeter of or inside a militar# or police camp or reservation or withina prison compound.

An# registered voter candidate or political part# ma# petition the Commission not later than thirt# da#s before the firstregistration da# for the transfer of the polling place from the prohibited buildings provided herein. 3uch petition shall beheard and decided b# the Commission within twent# da#s from the filing of the petition.


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Section 1!$./uard rails. -

4a5 2n ever# polling place there shall be a guard rail between the voting booths and the table for the board ofelection inspectors which shall have separate entrance and e!it. The booths shall be so arranged that the# can beaccessible onl# b# passing through the guard rail and b# entering through its open side facing the table of theboard of election inspectors.

4b5 There shall also be a guard rail for the watchers between the place reserved for them and the table for theboard of election inspectors and at a distance of not more than fift# centimeters from the latter so that the

watchers ma# see and read clearl# during the counting of the contents of the ballots and see and count the votesrecorded b# the board of election inspectors member on the corresponding tall# sheets.

4c5 There shall also be if possible guard rails separating the table of the board of election inspectors from thevoters waiting for their turn to cast their votes with entrance and e!it to give them orderl# access to the table andthe booths during the voting.

4d5 The polling place shall be so arranged that the booths the table the ballot bo!es and the whole polling placee!cept what is being written within the booths shall be in plain view of the board of election inspectors thewatchers and other persons who ma# be within the polling place.

Section 1"%.%allot boxes. -

4a5 There shall be in each polling place on the da# of the voting a ballot bo! one side of which shall be transparentwhich shall be set in a manner visible to the voting public containing two compartments namel# the compartmentfor valid ballots which is indicated b# an interior cover painted white and the compartment for spoiled ballots whichis indicated b# an interior cover painted red. The bo!es shall be uniform throughout the Philippines and shall besolidl# constructed and shall be closed with three different locks as well as three numbered securit# locks andsuch other safet# devices as the Commission ma# prescribe in such a wa# that the# can not be opened e!cept b#means of three distinct ke#s and b# destro#ing such safet# devices.

4b5 2n case of the destruction or disappearance of an# ballot bo! on election da# the board of election inspectorsshall immediatel# report it to the cit# or municipal treasurer who shall furnish another bo! or receptacle as e7uall#ade7uate as possible. The election registrar shall report the incident and the deliver# of a new ballot bo! b# thefastest means of communication on the same da# to the Commission and to the provincial election supervisor.

Section 1"1.Tally boards. -At the beginning of the counting there shall be placed within the plain view of the board ofelection inspectors watchers and the public a tall# board where the names of all the registered candidates or the issuesor 7uestions to be voted upon shall be written and the poll clerk shall record thereon the votes received b# each of themas the chairman of the board of election inspectors reads the ballot.

Section 1"2.Furnis$ing of ballot boxes' forms' stationeries and materials for election. -The Commission shall prepareand furnish the ballot bo!es forms stationeries and materials necessar# for the registration of voters and the holding ofthe election.

The provincial cit# and municipal treasurer shall have custod# of such election paraphernalia supplies and materials asare entrusted to him under the law or rules of the Commission and shall be responsible for their preservation and storageand for an# loss destruction impairment or damage of an# election e7uipment material or document in their possession

furnished under this Code.

Section 1"3.+nspection of polling places. -,efore the da# of the election referendum or plebiscite the Chairman of theCommission shall through its authori6ed representatives see to it that all polling places are inspected and suchomissions and defects as ma# be found corrected. The Commission shall keep the reports on these inspections.

ARTICLE (IV

BOARD OF ELECTION INSPECTORS

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

election the Commission shall directl# or through its dul# authori6ed representatives constitute a board of electioninspectors for each precinct to be composed of a chairman and a poll clerk who must be public school teachers priorit# tobe given to civil service eligibles and two members each representing the two accredited political parties. Theappointment shall state the precinct to which the# are assigned and the date of the appointment.

Section 1"!.Oat$ of t$e members of t$e board of election inspectors. -The members of the board of election inspectorswhether permanent substitute or temporar# shall before assuming their office take and sign an oath upon formsprepared b# the Commission before an officer authori6ed to administer oaths or in his absence before an# othermember of the board of election inspectors present or in case no one is present the# shall take it before an# voter. Theoaths shall be sent immediatel# to the cit# or municipal treasurer.


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Section 1"".ualification of members of t$e board of election inspectors. -=o person shall be appointed chairmanmember or substitute member of the board of election inspectors unless he is of good moral character and irreproachablereputation a registered voter of the cit# or municipalit# has never been convicted of an# election offense or of an# othercrime punishable b# more than si! months of imprisonment or if he has pending against him an information for an#election offense. 1e must be able to speak and write English or the local dialect.

Section 1"#.Disualification. -=o person shall serve as chairman or member of the board of election inspectors if he isrelated within the fourth civil degree of consanguinit# or affinit# to an# member of the board of election inspectors or to an#candidate to be voted for in the polling place or his spouse.

Section 1"8.Po,ers of t$e board of election inspectors. -The board of election inspectors shall have the followingpowers and functions$

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

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

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

Section 1"$."oting privilege of members of board of election inspectors. -+embers of the board of election inspectorsand their substitutes ma# vote in the polling place where the# are assigned on election da#$ Provided That the# areregistered voters within the province cit# or municipalit# where the# are assigned$ and Provided finall# That their votingin the polling places where the# are not registered voters be noted in the minutes of the board of election inspectors.

Section 1#%.!elief and substitution of members of t$e board of election inspectors. -Public school teachers who aremembers of the board of election inspectors shall not be relieved nor dis7ualified from acting as such members e!cept forcause and after due hearing.

An# member of the board of election inspectors nominated b# a political part# as well as his substitute ma# at an# timebe relieved from office and substituted with another having the legal 7ualifications upon petition of the authori6edrepresentative of the part# upon whose nomination the appointment was made and it shall be unlawful to prevent saidperson from or disturb him in the performance of the duties of the said office. A record of each case of substitution shall

be made setting forth therein the hour in which the replaced member has ceased in the office and the status of the workof the board of election inspectors. 3aid record shall be signed b# each member of the board of election inspectorsincluding the incoming and outgoing officers.

Section 1#1."acancy in t$e board of election inspectors. -Ever# vacanc# in the board of election inspectors shall befilled for the remaining period in the manner hereinbefore prescribed.

Section 1#2.Proceedings of t$e board of election inspectors. -The meetings of the board of election inspectors shall bepublic and shall be held onl# in the polling place authori6ed b# the Commission.

The board of election inspectors shall have full authorit# to maintain order within the polling place and its premises tokeep access thereto open and unobstructed and to enforce obedience to its lawful orders. 2f an# person shall refuse toobe# lawful orders of the board of election inspectors or shall conduct himself in a disorderl# manner in its presence or

within its hearing and thereb# interrupt or disturb its proceedings the board of election inspectors ma# issue an order inwriting directing an# peace officer to take such person into custod# until the ad9ournment of the meeting but such ordershall not be e!ecuted as to prevent an# person so taken into custod# from e!ercising his right to vote. 3uch order shall bee!ecuted b# an# peace officer to whom it ma# be delivered but if none be present b# an# other person deputi6ed b# theboard of election inspectors in writing.

Section 1#3.Pro$ibition of political activity. -=o member of the board of election inspectors shall engage in an# partisanpolitical activit# or take part in the election e!cept to discharge his duties as such and to vote.

Section 1#.Functioning of t$e board of election inspectors. -The board of election inspectors shall act through itschairman and shall decide without dela# b# ma9orit# vote all 7uestions which ma# arise in the performance of its duties.

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

absent or the office is still vacant the members present shall call upon the substitute or the absent members to performthe duties of the latter) and in case such substitute cannot be found the members present shall appoint an# non-partisanregistered voter of the polling place to temporaril# fill said vacanc# until the absent member appears or the vacanc# isfilled. 2n case there are two or more members present the# shall act 9ointl#$ Provided That if the absent member is onewho has been proposed b# an accredited political part# the representative of said political part# or in his absence thewatchers belonging to said part# shall designate a registered voter of the polling place to temporaril# fill said vacanc#$Provided further That in the event or refusal or failure of either representative or watchers of said political part# to makethe designation the members of the board of election inspectors present shall choose a non-partisan registered voter ofthe polling place to fill the vacanc#.


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Section 1#".Temporary designation of members of t$e board of election inspectors by ,atc$ers. -2f at the time the boardof election inspectors must meet all the positions in the board of election inspectors are vacant or if not one of the