OMNIBUS
ELECTION CODE
of the
PHILIPPINES
BP 881
with amendments
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a failure to elect but not later than election to be held within sixty days
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after the vacancy occurs to elect the and hold a special election to fill
Member to serve the unexpired term. the vacancy not earlier than sixty
(60) days nor longer than ninety
(2) In case of the dissolution of the (90) days after the occurrence of
Batasang Pambansa, the President the vacancy. However, in case of
such vacancy in the Senate, the
shall call an election which shall not
special election shall be held
be held earlier than forty-five nor simultaneously with the
later than sixty days from the date of succeeding regular election.
such dissolution.
RULE 26 OF THE COMELEC
The Commission shall send sufficient RULES OF PROCEDURE, also
copies of its resolution for the provides -
holding of the election to its Rule 26 - Postponement or
provincial election supervisors and Suspension of Elections
election registrars for dissemination,
Section 1. Postponement of
who shall post copies thereof in at
Election. - When for any serious
least three conspicuous places cause such as violence, terrorism,
preferably where public meetings are loss or destruction of election
held in each city or municipality paraphernalia or records, force
affected. majeure, and other analogous
causes of such nature that the
SECTIONS 5, 6 AND 7 HAVE BEEN holding of a free, orderly, honest,
peaceful and credible election
AMENDED BY SEC. 4, RA NO. 7166,
should become impossible in any
which provides - political subdivision, the
Commission, motu proprio, or
Section 4. Postponement, Failure upon a verified petition by any
of Election and Special Elections. - interested party, and after due
The postponement, declaration of notice and hearing whereby all
failure of election and the calling of interested parties are afforded
special elections as provided in equal opportunity to be heard,
Sections 5, 6 and 7 of the may postpone the election therein
Omnibus Election Code shall be to a date which should be
decided by the Commission sitting reasonably close to the date of the
en banc by a majority vote of its election not held, suspended, or
members. The causes for the which resulted in a failure of
declaration of a failure of election election, but not later than thirty
may occur before or after the (30) days after the cessation of the
casting of votes or on the day of cause of such postponement or
the election. suspension of the election or
failure to elect.
In case a permanent vacancy shall
occur in the Senate or House of Section 2. Failure of Election. - If,
Representatives at least one (1) on account of force majeure,
year before the expiration of the violence, terrorism, fraud or other
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than sixty days from the time of such Appropriations for the special
call. The bill calling such special election shall be charged against
any current appropriations and
election shall be deemed certified
shall be exempt from the
under paragraph (2), Section 19, requirements of paragraph 4,
Article VIII of the Constitution and Section 25, Article V1 of this
shall become law upon its approval Constitution. The convening of the
on third reading by the Batasang Congress cannot be suspended
nor the special election
Pambansa. Appropriations for the postponed. No special election
special election shall be charged shall be called if the vacancy
against any current appropriations occurs within eighteen months
and shall be exempt from the before the date of the next
presidential election.
requirements of paragraph (4),
Section 16 of Article VIII of the Section 15 Canvass of votes for
Constitution. The convening of the President and Vice-President by the
Batasang Pambansa cannot be provincial or city board of canvassers.
suspended nor the special election - The provincial, city, or district
postponed. No special election shall boards of canvassers in Metropolitan
be called if the vacancy occurs within Manila, as the case may be, shall
seventy days before the date of the meet not later than six o'clock in the
presidential election of 1987. evening on election day to canvass
SECTION 14 HAS BEEN AMENDED BY the election returns that may have
SECTION 10, ARTICLE VII 1987 already been received by them,
CONSTITUTION, which provides – respectively. It shall meet
continuously from day to day until
Section 10. The Congress shall, the canvass is completed, but may
at ten o'clock in the morning of the adjourn only for the purpose of
third day after the vacancy in the awaiting the other election returns.
offices of the President and Vice-
President occurs, convene in Each time the board adjourns, it shall
accordance with its rules without make a total of all the votes cast for
need of a call and within seven each candidate for President and for
days, enact a law calling for a Vice-President, duly authenticated by
special election to elect a
the signatures and thumbmarks of all
President and a Vice-President to
be held not earlier than forty-five the members of the provincial, city or
days nor later than sixty days from district board of canvassers,
the time of such call. The bill furnishing the Commission in Manila
calling such special election shall by the fastest means of
be deemed certified under
paragraph 2, Section 26, Article communication a copy thereof, and
V1 of this Constitution and shall making available the data contained
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become law upon its approval on therein to mass media and other
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completion of the canvass, the board directed to the Commission; the third
shall prepare a certificate of canvass copy shall be retained by the
showing the votes received by each provincial election supervisor, in the
candidate for the office of the case of the provincial board of
President and for Vice-President, duly canvassers, and by the city election
authenticated by the signatures and registrar, in the case of the city board
thumbmarks of all the members of of canvassers; and one copy each to
the provincial, city or district board of the authorized representatives of the
canvassers. Upon the completion of ruling party and the dominant
the certificate of canvass, the board opposition political party. Failure to
shall certify and transmit the said comply with the requirements of this
certificate of canvass to the Speaker section shall constitute an election
of the Batasang Pambansa. offense.
President: Determination of
Authenticity and Due Execution of votes stated therein and may
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Bulacan, 4;
Region VII:
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and Food, the Minister of Labor and 7941 or THE PARTY LIST SYSTEM
Employment, and the Ministers of ACT, which provides –
Local Government and Education,
Culture and Sports shall consider: Section 1. Title. This Act shall be
known as the "Party-List System
(a) The extent of membership and Act."
activity of the organization or Section 2. Declaration of part
aggroupment which should be y. The State shall promote
national; proportional representation in the
election of representatives to the
(b) The responsiveness of the House of Representatives through
organization or aggroupment to the a party-list system of registered
legitimate aspirations of its sector; national, regional and sectoral
parties or organizations or
(c) The militancy and consistency of coalitions thereof, which will
the organization or aggroupment in enable Filipino citizens belonging
to marginalized and under-
espousing the cause and promoting represented sectors, organizations
the welfare of the sector consistent and parties, and who lack well-
with that of the whole country; defined political constituencies but
who could contribute to the
(d) The observance by such formulation and enactment of
organization or aggroupment of the appropriate legislation that will
rule of law; and benefit the nation as a whole, to
become members of the House of
(e) Other analogous factors. Representatives. Towards this
end, the State shall develop and
The President of the Philippines shall, guarantee a full, free and open
in writing, notify the Secretary- party system in order to attain the
General of the Batasang Pambansa of broadcast possible representation
of party, sectoral or group
the appointment made by him of any interests in the House of
sectoral representative. Representatives by enhancing
their chances to compete for and
Except as herein otherwise provided, win seats in the legislature, and
sectoral representatives shall have shall provide the simplest scheme
the same functions, responsibilities, possible.
rights, privileges, qualifications and
Section 3. Definition of Terms. (a)
disqualifications as the The party-list system is a
representatives from the provinces mechanism of proportional
and their component cities, highly representation in the election of
urbanized cities or districts of representatives to the House of
Representatives from national,
Metropolitan Manila. regional and sectoral parties or
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shall order the holding of the the third copy shall be kept on file by
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the secretary of the sangguniang which shall be decided not later than
barangay. seven before the date of the election
shall be within the exclusive original
(3) In a barangay where there is only
jurisdiction of the municipal or
one polling place, the barangay board
metropolitan trial court. The notice of
of election tellers shall also be the
such decision shall be served to all
barangay board of canvassers.
parties within twenty-four hours
Section 47. Activities during the following its promulgation and any
campaign period. - During the party adversely affected may appeal
campaign period, the punong therefrom within twenty-four hours
barangay if he is not a candidate, or to the regional trial court which shall
any resident of the barangay finally decide the same not later than
designated by the Commission, shall two days before the date of the
convene the barangay assembly at election.
least once for the purpose of allowing
Section 50. Funding. - Local
the candidates to appear at a joint
governments shall appropriate such
meeting duly called, upon proper and
funds to defray such necessary and
with at least two days notice, to
reasonable expenses of the members
explain to the barangay voters their
of the board of election tellers, board
respective program of administration,
of canvassers and the printing of
their qualifications, and other
election forms and procurement of
information that may help enlighten
other election paraphernalia, and the
voters in casting their votes.
installation of polling booths.
The members of the barangay
Section 51. Penalties. - Violations of
assembly may take up and discuss
any provisions of this Article shall
other matters relative to the election
constitute prohibited acts and shall
of barangay officials.
be prosecuted and penalized in
Section 48. Watchers. - Candidates accordance with the provisions of this
may appoint two watchers each, to Code.
serve alternately, in every polling
ARTICLE VII
place within the barangay, who shall
THE COMMISSION ON ELECTIONS
be furnished with a signed copy of
the results of the election, in such Section 52. Powers and functions of
form as the Commission may the Commission on Elections. - In
prescribe, immediately after the addition to the powers and functions
completion of the canvass. conferred upon it by the Constitution,
the Commission shall have exclusive
Section 49. Inclusion and exclusion
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form part of the record of the case, subpoena in connection with such
a position paper which cases.
summarizes their legal positions.
RULE 17 OF THE COMELEC RULES OF
RULE 16 OF THE COMELEC RULES OF PROCEDURE ON HEARINGS provides:
PROCEDURE ON SUBPOENA
provides: Rule 17 - Hearings
panlalawigan members
fourths (3/4) of all its members: (i) Prescribe the use or adoption of
Provided, That in case of the latest technological and
barangays, the period shall be
electronic devices, taking into
eighteen (18) months after the
approval thereof. account the situation prevailing in the
area and the funds available for the
Section 126. Local Referendum purpose: Provided, That the
Defined. - Local referendum is the
Commission shall notify the
legal process whereby the
registered voters of the local authorized representatives of
government units may approve, accredited political parties and
amend or reject any ordinance candidates in areas affected by the
enacted by the sanggunian. use or adoption of technological and
The local referendum shall be held electronic devices not less than thirty
under the control and direction of days prior to the effectivity of the use
the COMELEC within sixty (60) of such devices.
days in case of provinces and
cities, forty-five (45) days in case (j) Carry out a continuing and
of municipalities and thirty (30) systematic campaign through
days in case of barangays.
newspapers of general circulation,
The COMELEC shall certify and radios and other media forms to
proclaim the results of the said educate the public and fully inform
referendum. the electorate about election laws,
Section 127. Authority of Courts. - procedures, decisions, and other
Nothing in this Chapter shall matters relative to the work and
prevent or preclude the proper duties of the Commission and the
courts from declaring null and void necessity of clean, free, orderly and
any proposition approved pursuant
honest electoral processes.
to this Chapter for violation of the
Constitution or want of capacity of (k) Enlist non-partisan group or
the sanggunian concerned to
organizations of citizens from the
enact the said measure.
civic, youth, professional,
(h) Procure any supplies, equipment, educational, business or labor sectors
materials or services needed for the known for their probity, impartiality
holding of the election by public and integrity with the membership
bidding: Provided, That, if it finds the and capability to undertake a
requirements of public bidding coordinated operation and activity to
impractical to observe, then by assist it in the implementation of the
negotiations or sealed bids, and in provisions of this Code and the
both cases, the accredited parties resolutions, orders and instructions
shall be duly notified. of the Commission for the purpose of
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have the same duties, functions and prevailing in the area and the fund
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(m) Fix other reasonable periods for orders, rulings, or decisions through
certain pre-election requirements in the heads of its field offices.
order that voters shall not be
Section 54. Qualifications. - Only
deprived of their right of suffrage and
members of the Philippines Bar shall
certain groups of rights granted them
be eligible for appointment to the
in this Code.
position of regional director, assistant
Unless indicated in this Code, the regional director, provincial election
Commission is hereby authorized for supervisor and election registrar:
fix the appropriate period for the Provided, however, That if there are
various prohibited acts enumerated no members of the Philippine Bar
herein, consistent with the available for appointment as election
requirements of free, orderly, and registrar, except in cities and capital
honest elections. towns, graduates of duly recognized
schools of law, liberal arts, education
Section 53. Field offices of the
or business administration who
Commission. - The Commission shall
possess the appropriate civil service
have the following field offices:
eligibility may be appointed to said
(1) Regional Election Office, headed position.
by the Regional Election Director and
Section 55. Office space. - The local
assisted by the Assistant Regional
government concerned shall provide
Director and such other subordinate
a suitable place for the office of the
officers or employees as the
provincial election supervisor and his
Commission may appoint.
staff and the election registrar and
(2) Provincial Election Office, headed his staff: Provided, That in case of
by the Provincial Election Supervisor failure of the local government
and assisted by such other concerned to provide such suitable
subordinate officers or employees as place, the provincial election
the Commission may appoint. supervisor or the election registrar,
as the case may be, upon prior
(3) City/Municipal Election Office,
authority of the Commission and
headed by the City/Municipal
notice to the local government
Registrar who shall be assisted by an
concerned, may lease another place
election clerk and such other
for office and the rentals thereof shall
employees as the Commission may
be chargeable to the funds of the
appoint.
local government concerned.
The Commission may delegate its
Section 56. Changes in the
powers and functions or order the
composition, distribution or
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violations of paragraph (a) or (b) of after the last day for filing of
A person who has filed a certificate of address for all election purposes; his
candidacy may, prior to the election, profession or occupation; that he will
withdraw the same by submitting to support and defend the Constitution
the office concerned a written of the Philippines and will maintain
declaration under oath. true faith and allegiance thereto; that
he will obey the laws, legal orders,
No person shall be eligible for more
and decrees promulgated by the duly
than one office to be filled in the
constituted authorities; that he is not
same election, and if he files his
a permanent resident or immigrant
certificate of candidacy for more than
to a foreign country; that the
one office, he shall not be eligible for
obligation imposed by his oath is
any of them.
assumed voluntarily, without mental
However, before the expiration of the reservation or purpose of evasion;
period for the filing of certificates of and that the facts stated in the
candidacy, the person who was filed certificate of candidacy are true to
more than one certificate of the best of his knowledge.
candidacy may declare under oath
Unless a candidate has officially
the office for which he desires to be
changed his name through a court
eligible and cancel the certificate of
approved proceeding, a certificate
candidacy for the other office or
shall use in a certificate of candidacy
offices.
the name by which he has been
The filing or withdrawal of a baptized, or if has not been baptized
certificate of candidacy shall not in any church or religion, the name
affect whatever civil, criminal or registered in the office of the local
administrative liabilities which a civil registrar or any other name
candidate may have incurred. allowed under the provisions of
existing law or, in the case of a
Section 74. Contents of certificate of
Muslim, his Hadji name after
candidacy. - The certificate of
performing the prescribed religious
candidacy shall state that the person
pilgrimage: Provided, That when
filing it is announcing his candidacy
there are two or more candidates for
for the office stated therein and that
an office with the same name and
he is eligible for said office; if for
surname, each candidate, upon being
Member of the Batasang Pambansa,
made aware or such fact, shall state
the province, including its component
his paternal and maternal surname,
cities, highly urbanized city or district
except the incumbent who may
or sector which he seeks to
continue to use the name and
represent; the political party to which
surname stated in his certificate of
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may also include one nickname or (a) For representative in the Batasang
stage name by which he is generally Pambansa, with the Commission, the
or popularly known in the locality. provincial election supervisor, city
election registrar in case of highly
The person filing a certificate of
urbanized cities, or an officer
candidacy shall also affix his latest
designated by the Commission having
photograph, passport size; a
jurisdiction over the province, city or
statement in duplicate containing his
representative district who shall send
bio-data and program of government
copies thereof to all polling places in
not exceeding one hundred words, if
the province, city or district;
he so desires.
(b) For provincial offices, with the
Section 75. Filing and distribution of
provincial election supervisor of the
certificate of candidacy. - The
province concerned who shall send
certificate of candidacy shall be filed
copies thereof to all polling places in
on any day from the commencement
the province;
of the election period but not later
than the day before the beginning of (c) For city and municipal offices, with
the campaign period: Provided, That the city or municipal election
in cases of postponement or failure registrar who shall send copies
of election under Sections 5 and 6 thereof to all polling places in the city
hereof, no additional certificate of or municipality; and
candidacy shall be accepted except in
(d) For punong barangay or kagawad
cases of substitution of candidates as
ng sangguniang barangay, the
provided under Section 77 hereof.
certificates of candidacy shall be filed
The certificates of candidacy for in accordance with the provisions of
President and Vice-President of the Section 39 of Article VI of this Code.
Philippines shall be filed in ten legible
The duly authorized receiving officer
copies with the Commission which
shall immediately send the original
shall order the printing of copies
copy of all certificates of candidacy
thereof for distribution to all polling
received by him to the Commission.
places. The certificates of candidacy
for the other offices shall be filed in SECTION 75 HAS BEEN AMENDED BY
duplicate with the offices herein SECTION 7 RA 7166, provides –
below mentioned, together with a
number of clearly legible copies equal Section 7. Filing of Certificates of
Candidacy. - The certificate of
to twice the number of polling places candidacy of any person running
in the province, city, district, for the office of President, Vice-
municipality or barangay, as the case President, Senator, Member of the
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candidates within thirty days before the meeting or rally and that it shall
the commencement of the campaign be removed within seventy-two
period and forty-five days for hours after said meeting or rally; or
Presidential and Vice-Presidential
(d) All other forms of election
election.
propaganda not prohibited by this
Section 81. Intervention of foreigners. Code as the Commission may
- It shall be unlawful for any authorize after due notice to all
foreigner, whether judicial or natural interested parties and hearing where
person, to aid any candidate or all the interested parties were given
political party, directly or indirectly, an equal opportunity to be heard:
or take part in or influence in any Provided, That the Commission's
manner any election, or to contribute authorization shall be published in
or make any expenditure in two newspapers of general
connection with any election circulation throughout the nation for
campaign or partisan political activity. at least twice within one week after
the authorization has been granted.
Section 82. Lawful election
propaganda. - Lawful election SECTION 82 HAS BEEN AMENDED BY
propaganda shall include: SECTION 3 OF RA 9006, provides –
or audible words "political (b) To erect, put up, make use of,
advertisement paid for," followed attach, float or display any billboard,
by the true and correct name and
tinplate-poster, balloons and the like,
address of the candidate or party
for whose benefit the election of whatever size, shape, form or kind,
propaganda was printed or aired. advertising for or against any
candidate or political party;
4.2. If the broadcast is given
free of charge by the radio or (c) To purchase, manufacture,
television station, it shall be request, distribute or accept electoral
identified by the words
propaganda gadgets, such as pens,
"airtime for this broadcast
was provided free of charge lighters, fans of whatever nature,
by" followed by the true and flashlights, athletic goods or
correct name and address of materials, wallets, shirts, hats,
the broadcast entity. bandanas, matches, cigarettes and
4.3. Print, broadcast or the like, except that campaign
outdoor advertisements supporters accompanying a
donated to the candidate or candidate shall be allowed to wear
political party shall not be
hats and/or shirts or T-shirts
printed, published,
broadcast, or exhibited advertising a candidate;
without the written
(d) To show or display publicly any
acceptance by the said
candidate or political party. advertisement or propaganda for or
Such written acceptance against any candidate by means of
shall be attached to the cinematography, audio-visual units or
advertising contract and other screen projections except
shall be submitted to the
COMELEC as provided in telecasts which may be allowed as
Subsection 6.3. hereof. hereinafter provided; and
Commission.
In all instances, the Commission shall over the average rates charged
supervise the use and employment of during the first three quarters of
press, radio and television facilities so the calendar year preceding the
as to give candidates equal elections.
opportunities under equal
Section 13. Authority of the
circumstances to make known their COMELEC to Promulgate Rules;
qualifications and their stand on Election Offenses. – The
public issues within the limits set COMELEC shall promulgate and
forth in this Code on election furnish all political parties and
candidates and the mass media
spending.
entities the rules and regulations
Rules and regulations promulgated by for the implementation of this Act,
consistent with the criteria
the Commission under and by established in Article IX-C, Section
authority of this section shall take 4 of the Constitution and Section
effect on the seventh day after their 86 of the Omnibus Election Code
publication in at least two daily (Batas Pambansa Bldg. 881).
newspapers of general circulation. Rules and regulations
Prior to the effectivity of said rules promulgated by the COMELEC
and regulations, no political under and by authority of this
advertisement or propaganda for or Section shall take effect on the
seventh day after their publication
against any candidate or political
in at least two (2) daily
party shall be published or broadcast newspapers of general circulation.
through the mass media. Prior to effectivity of said rules and
regulations, no political
Violation of the rules and regulations advertisement or propaganda for
of the Commission issued to or against any candidate or
implement this section shall be an political party shall be published or
broadcast through mass media.
election offense punishable under
Section 264 hereof. Violation of this Act and the rules
and regulations of the COMELEC
SECTION 86 HAS BEEN AMENDED BY issued to implement this Act shall
SECTION 11 and 13 of RA 9006, be an election offense punishable
provides – under the first and second
paragraphs of Section 264 of the
Section 11. Rates for Political Omnibus Election Code (Batas
Propaganda. – During the election Pambansa Bldg. 881).
period, media outlets shall charge
Section 87. Rallies, meetings and
registered political parties and
bona fide candidates a discounted other political activities. - Subject to
rate of thirty percent (30%) for the requirements of local ordinances
on the issuance of permits, any
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persons.
the election, have been granted loans theatrical or other performances for
or other accommodations in excess the purpose of raising funds for an
of P100,000 by the government or election campaign or for the support
any of its divisions, subdivisions or of any candidate from the
instrumentalities including commencement of the election
government-owned or controlled period up to and including election
corporations; day; or for any person or
organization, whether civic or
(f) Educational institutions which
religious, directly or indirectly, to
have received grants of public funds
solicit and/or accept from any
amounting to no less than
candidate for public office, or from
P100,000.00;
his campaign manager, agent or
(g) Officials or employees in the Civil representative, or any person acting
Service, or members of the Armed in their behalf, any gift, food,
Forces of the Philippines; and transportation, contribution or
donation in cash or in kind from the
(h) Foreigners and foreign
commencement of the election
corporations.
period up to and including election
It shall be unlawful for any person to day; Provided, That normal and
solicit or receive any contribution customary religious stipends, tithes,
from any of the persons or entities or collections on Sundays and/or
enumerated herein. other designated collection days, are
excluded from this prohibition.
Section 96. Soliciting or receiving
contributions from foreign sources. - Section 98. True name of contributor
It shall be unlawful for any person, required. - No person shall make any
including a political party or public or contribution in any name except his
private entity to solicit or receive, own nor shall any candidate or
directly or indirectly, any aid or treasurer of a political party receive a
contribution of whatever form or contribution or enter or record the
nature from any foreign national, same in any name other than that of
government or entity for the the person by whom it was actually
purposes of influencing the results of made.
the election.
Section 99. Report of contributions. -
Section 97. Prohibited raising of Every person giving contributions to
funds. - It shall be unlawful for any any candidate, treasurer of the party,
person to hold dances, lotteries, or authorized representative of such
cockfights, games, boxing bouts, candidate or treasurer shall, not later
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bingo, beauty contests, than thirty days after the day of the
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report under oath stating the amount aggregate amount not exceeding the
of each contribution, the name of the equivalent of one peso and fifty
candidate, agent of the candidate or centavos for every voter currently
political party receiving the registered therein. Expenses incurred
contribution, and the date of the by branches, chapters, or committees
contribution. of such political party shall be
included in the computation of the
Section 100. Limitations upon
total expenditures of the political
expenses of candidates. - No
party.
candidate shall spend for his election
campaign an aggregate amount Expenses incurred by other political
exceeding one peso and fifty parties shall be considered as
centavos for every voter currently expenses of their respective
registered in the constituency where individual candidates and subject to
he filed his candidacy: Provided, That limitation under Section 100 of this
the expenses herein referred to shall Code.
include those incurred or caused to
SECTIONS 100 AND 101 HAVE BEEN
be incurred by the candidate,
AMENDED BY SECION 13 RA 7166 –
whether in cash or in kind, including
the use, rental or hire of land, water Section 13. Authorized Expenses
or aircraft, equipment, facilities, of Candidates and Political
apparatus and paraphernalia used in Parties. - The agreement amount
the campaign: Provided, further, That that a candidate or registered
political party may spend for
where the land, water or aircraft, election campaign shall be as
equipment, facilities, apparatus and follows:
paraphernalia used is owned by the
candidate, his contributor or (a) For candidates. - Ten
pesos (P10.00) for President
supporter, the Commission is hereby and Vice-President; and for
empowered to assess the amount other candidates Three
commensurate with the expenses for Pesos (P3.00) for every
the use thereof, based on the voter currently registered in
the constituency where he
prevailing rates in the locality and
filed his certificate of
shall be included in the total candidacy: Provided, That a
expenses incurred by the candidate. candidate without any
political party and without
Section 101. Limitations upon support from any political
expenses of political parties. - A duly party may be allowed to
accredited political party may spend spend Five Pesos (P5.00)
for every such voter; and
for the election of its candidates in
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by him and by those acting under his included in the statement filed prior
authority, setting forth therein all to the day of the election.
information required to be reported.
Section 108. Place for filing
(c) Every candidate and treasurer of statements. - The statements of
the party shall be responsible for the contributions and expenditures shall
preservation of the records of be filed as follows:
contributions and expenditures,
(a) Those of candidates for President
together with all pertinent
and Vice-President, with the
documents, for at least three years
Commission.
after the holding of the election to
which they pertain and for their (b) Those of candidates for Members
production for inspection by the of the Batasang Pambansa, with the
Commission or its duly authorized provincial election supervisor
representative, or upon presentation concerned, except those of
of a subpoena duces tecum duly candidates in the National Capital
issued by the Commission. Failure of Region which shall be filed with the
the candidate or treasurer to regional election director of said
preserve such records or documents region.
shall be deemed prima facie evidence
(c) Those of candidates for provincial
of violation of the provisions of this
offices, with the provincial election
Article.
supervisor concerned.
Section 107. Statement of
(d) Those of candidates for city,
contributions and expenditures. -
municipal and barangay offices, with
Every candidate and treasurer of the
the election registrar concerned.
political party shall, not later than
seven days, or earlier than ten days If the statement is sent by mail, it
before the day of the election, file in shall be by registered mail, and the
duplicate with the office indicated in date on which it was registered with
the following section, full, true and the post office may be considered as
itemized, statement of all the filing date thereof if confirmed on
contributions and expenditures in the same date by telegram or
connection with the election. radiogram addressed to the office or
official with whom the statement
Within thirty days after the day of the
should be filed.
election, said candidate and treasurer
shall also file in duplicate a The provincial election supervisors
supplemental statement of all and election registrars concerned
contribution and expenditures not shall, within fifteen days after the last
83
send to the Commission duplicate payment was made, and the purpose
copies of all statements filed with of the expenditure; (c) any unpaid
them. obligation, its nature and amount,
and to whom said obligation is owing;
SECTIONS 107 AND 108 HAVE BEEN
and (d) such other particulars which
AMENDED BY SECTION 39 RA 7166,
the Commission may require.
provides –
If the candidate or treasurer of the
Section 39. Amending and party has received no contribution,
Repealing Clause. - Section 107,
108 and 245 of the Omnibus made no expenditure, or has no
Election Code are hereby pending obligation, the statement
repealed. Likewise, the inclusion shall reflect such fact.
in Section 262 of the Omnibus
Election Code of the violations of Section 110. Preservation and
Sections 105, 106, 107, 108, 109, inspection of statements. - All
110, 111 and 112 as among statements of contributions and
election offenses is also hereby
expenditures shall be kept and
repealed. This repeal shall have
retroactive effect. preserved at the office where they
are filed and shall constitute part of
Batas Pambansa Blg. 881, the public records thereof for three
Republic Act No. 6646, Executive
years after the election to which they
Order Nos. 144 and 157 and all
other laws, orders, decrees, rules pertain. They shall not be removed
and regulations or other therefrom except upon order of the
issuances, or any part thereof, Commission or of a competent court
inconsistent with the provisions of
and shall, during regular office hours,
this Act are hereby amended or
repealed accordingly. be subject and open to inspection by
the public. The officer in-charge
Section 109. Form and contents of thereof, shall, on demand, furnish
statement. - The statement shall be in certified copies of any statement
writing, subscribed and sworn to by upon payment of the fee prescribed
the candidate or by the treasurer of under Section 270 hereof.
the party, shall be complete as of the
date next preceding the date of filing It shall be the duty of the Commission
and shall set forth in detail (a) the to examine all statements of
amount of contribution, the date of contributions and expenditures of
receipt, and the full name and exact candidates and political parties to
address of the person from whom the determine compliance with the
contribution was received; (b) the provisions of this Article.
amount of every expenditure, the Section 111. Effect of failure to file
84
date thereof, the full name and exact statement. - In addition to other
address of the person to whom
Page
Any person who transfers residence (a) Any person who has been
to another city, municipality or sentenced by final judgment to suffer
country solely by reason of his imprisonment for not less than one
occupation; profession; employment year, such disability not having been
in private or public service; removed by plenary pardon or
educational activities; work in granted amnesty: Provided, however,
military or naval reservations; service That any person disqualified to vote
in the army, navy or air force; the under this paragraph shall
constabulary or national police force; automatically reacquire the right to
or confinement or detention in vote upon expiration of five years
government institutions in after service of sentence.
accordance with law, shall be
(b) Any person who has been
deemed not to have lost his original
adjudged by final judgment by
residence.
competent court or tribunal of having
87
interested party, without delay and in proof to the board and upon
no case beyond three days from the summons to the voter in cases of
time such error is noticed; and if the disqualification. The motion shall be
board should refuse, the interested decided by the board without delay
party may apply for such correction and in no case beyond three days
to the proper municipal or from its filing. Should the board deny
metropolitan trial court which shall the motion, or fail to act thereon
decide the case without delay and in within the period herein fixed, the
no case beyond three days from the interested party may apply for such
date the petition is filed. The decision exclusion to the municipal or
of the proper municipal or metropolitan trial court which shall
metropolitan trial court shall be final decide the petition without delay and
and unappealable in whatever form in no case beyond three days from
or manner. the date the petition is filed. The
decision of the court shall be final.
To facilitate the transfer of names of
The poll clerk shall keep a record of
voters, the election registrar shall
these exclusions and shall furnish
deliver the book of voters to the
three copies thereof to the election
board of election inspectors on the
registrar who shall, in turn keep one
day before the registration of voters,
copy and send the two other copies
to be returned after the last day of
thereof to the provincial election
registration.
supervisor and the Commission, to be
Section 123. Cancellation and attached by them to the permanent
exclusion in the transfer of names. - list under their custody.
In transferring the names of the
Section 124. Meeting to close the list
voters of the precinct from the list
of voters. - The board of election
used in the preceding election to the
inspectors shall also meet on the
current list, the board shall exclude
second Saturday immediately
those who have applied for the
preceding the day of the regular
cancellation of their registration,
election, or on the second day
those who have died, those who did
immediately preceding the day of the
not vote in the immediately
special election, plebiscite or
preceding two successive regular
referendum whether it be Sunday or
elections, those who have been
a legal holiday, for the purpose of
excluded by court orders issued in
making such inclusions, exclusions,
accordance with the provisions of this
and corrections as may be or may
Code, and those who have been
have been ordered by the courts,
disqualified, upon motion of any
stating opposite every name so
90
date of the order and the court which the proclamation calling for a new
issued the same; and for the special election, plebiscite or
consecutive numbering of the voters referendum, any person desiring to
of the election precinct. be registered as a voter shall
accomplish in triplicate before the
Should the board fail to include in the
board of election inspectors a voter's
list of voters any person ordered by
affidavit in which shall be stated the
competent court to be so included,
following data:
said person shall, upon presentation
of a certified copy of the order of (a) Name, surname, middle name,
inclusion and upon proper maternal surname;
identification, be allowed by the
(b) Date and place of birth;
board to vote.
(c) Citizenship;
Should the board fail to exclude from
the list of voters any person ordered (d) Periods of residence in the
by the court to be so excluded, the Philippines and in the place of
board shall not permit said person to registration;
vote upon presentation to it by any
(e) Exact address with the name of
interested party of a certified copy of
the street and house number or in
the order of exclusion.
case there is none, a brief description
Section 125. Re-registration. - A voter of the locality and the place;
who is registered in the permanent
(f) A statement that the applicant has
list of voters need not register anew
not been previously registered,
for subsequent elections unless he
otherwise he shall be required to
transfer residence to another city or
attach a sworn application for
municipality, or his registration has
cancellation of his previous
been cancelled on the ground of
registration; and
disqualification and such
disqualification has been lifted or (g) Such other information or data
removed. Likewise a voter whose which may be required by the
registration has been cancelled due Commission.
to failure to vote in the preceding
The voter's affidavit shall also contain
regular election may register anew in
three specimens of the applicant's
the city or municipality where he is
signature and clear and
qualified to vote.
legible prints of his left and right
Section 126. Registration of voters. -
hand thumbmarks and shall be sworn
On the seventh and sixth Saturdays
to and filed together with four copies
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Each identification card shall bear the Sec. 3. Definition of Terms. - As used
name and the address of the voter, in this Act:
his date of birth, sex, civil status,
a. Registration refers to the act of
occupation, his photograph,
accomplishing and filing of a
thumbmark, the city or municipality
sworn application for
and number of the polling place
registration by a qualified voter
where he is registered, his signature,
before the election officer of
his voter serial number and the
the city or municipality
signature of the chairman of the
wherein he resides and
board of election inspectors.
including the same in the book
Any voter previously registered under of registered voters upon
the provisions of Presidential Decree approval by the Election
Numbered 1896 who desires to Registration Board;
secure a voter identification card
b. Registration Record refers to
shall, on any registration day, provide
93
registered voter who has transferred the Election Officer or any member of
residence to another city or an accredited citizen's arms. The
municipality may apply with the Election Officer shall place such
Election Officer of his new residence illiterate person under oath, ask him
for the transfer of his registration the questions, and record the
records. answers given in order to accomplish
the application form in the presence
The application for transfer of
of the majority of the members of the
registration shall be subject to the
Board. The Election Officer or any
requirements of notice and hearing
member of an accredited citizen's
and the approval of the Election
arm shall read the accomplished form
Registration Board, in accordance
aloud to the person assisted and ask
with this Act. Upon approval of the
him if the information given is true
application for transfer, and after
and correct The accomplished form
notice of such approval to the
shall be subscribed by the applicant
Election Officer of the former
in the presence of the Board by
residence of the voter, said Election
means of thumbmark or some other
Officer shall transmit by registered
customary mark and it shall be
mail the voter's registration record to
subscribed and attested by the
the Election Officer of the voter's
majority of the members of the
new residence.
Board.
Sec. 13. Change of Address in the
The attestation shall state the name
Same City or Municipality. - Any
of the person assisted, the name of
voter who has changed his address in
the Election Officer or the member of
the same city or municipality shall
the accredited citizen's arm who
immediately notify the Election
assisted the applicant, the fact that
Officer in writing. If the change of
the Election Officer placed the
address involves a change in precinct,
applicant under oath, that the
the Board shall transfer his
Election Officer or the member of the
registration record to the precinct
accredited citizen's arm who assisted
book of voters of his new precinct
the applicant read the accomplished
and notify the voter of his new
form to the person assisted, and that
precinct All changes of address shall
the person assisted affirmed its truth
be reported to the office of the
and accuracy, by placing his
provincial election supervisor and the
thumbmark or some other customary
Commission in Manila.
mark on the application in the
Sec. 14. Illiterate or Disabled presence of the Board.
Applicants. - Any illiterate person
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processed.
Page
or municipality.
permanent number of
which shall be, as much as possible,
the precinct where the
Page
2. The next two digits, 14, a. Any person who has been
stand for the date of sentenced by final judgment to
birth; suffer imprisonment for not
less than one (1) year, such
3. The next two digits, 51,
disability not having been
stand for the year of
removed by plenary pardon or
birth; and
amnesty: Provided, however,
4. The last three letters, That any person disqualified to
BCD, stand for the name vote under this paragraph shall
code, i.e., Bayani Cruz automatically reacquire the
Davide. right to vote upon expiration of
five (5) years after service of
The last three letters shall stand for
sentence as certified by the
the first letter of the first name, the
clerks of courts of the
middle name, and the last name in
Municipal/Municipal
that order.
Circuit/Metropolitan/Regional
The Commission shall ensure that Trial Courts and the
104
b. Any person who has been f. Any person who has lost his
adjudged by final judgment by Filipino citizenship.
a competent court or tribunal
For this purpose, the clerks of court
of having caused/committed
for the Municipal/Municipal
any crime involving disloyalty
Circuit/Metropolitan/Regional Trial
to the duly constituted
Courts and the Sandiganbayan shall
government such as rebellion,
furnish the Election Officer of the city
sedition, violation of the anti-
or municipality concerned at the end
subversion and firearms laws,
of each month a certified list of
or any crime against national
persons who are disqualified under
security, unless restored to his
paragraph (a) hereof, with their
full civil and political rights in
addresses. The Commission may
accordance with law; Provided,
request a certified list of persons who
That he shall regain his right to
have lost their Filipino Citizenship or
vote automatically upon
declared as insane or incompetent
expiration of five (5) years after
with their addresses from other
service of sentence;
government agencies.
c. Any person declared by
The Election Officer shall post in the
competent authority to be
bulletin board of his office a certified
insane or incompetent unless
list of those persons whose
such disqualification has been
registration were deactivated and the
subsequently removed by a
reasons therefor, and furnish copies
declaration of a proper
thereof to the local heads of political
authority that such person is
parties, the national central file,
no longer insane or
provincial file, and the voter
incompetent;
concerned.
d. Any person who did not vote in
Sec. 28. Reactivation of
the two (2) successive
Registration. - Any voter whose
preceding regular elections as
registration has been deactivated
shown by their voting records.
pursuant to the preceding Section
For this purpose, regular
may file with the Election Officer a
elections do not include the
sworn application for reactivation of
Sangguniang Kabataan (SK)
his registration in the form of an
elections;
affidavit stating that the grounds for
e. Any person whose registration the deactivation no longer exist any
has been ordered excluded by time but not later than one hundred
105
election and ninety (90) days before a registrations were cancelled, and
special election. furnish copies thereof to the local
heads of the political parties, the
The Election Officer shall submit said
national central file, and the
application to the Election
provincial file.
Registration Board for appropriate
action. Sec. 30. Preparation and Posting of
the Certified List of Voters. - The
In case the application is approved,
Board shall prepare and post certified
the Election Officer shall retrieve the
list of voters ninety (90) days before a
registration record from the inactive
regular election and sixty (60) days
file and include the same in the
before a special election and furnish
corresponding precinct book of
copies thereof to the provincial,
voters. Local heads or
regional and national central files.
representatives of political parties
Copies of the certified list, along with
shall be properly notified on
a certified list of deactivated voters
approved applications.
categorized by precinct per barangay,
Sec. 29. Cancellation of within the same period shall likewise
Registration. - The Board shall cancel be posted in the office of the Election
the registration records of those who Officer and in the bulletin board of
have died as certified by the Local each city/municipal hall. Upon
Civil Registrar. The Local Civil payment of the fees as fixed by the
Registrar shall submit each month a Commission, the candidates and
certified list of persons who died heads of registered political parties
during the previous month to the shall also be furnished copies thereof.
Election Officer of the place where
The Board shall also furnish two (2)
the deceased are registered. In the
certified copies for said certified list
absence of information concerning
of voters, along with a certified list of
the place where the deceased is
deactivated voters to the Board of
registered, the list shall be sent to the
Election Inspectors for posting in the
Election Officer of the city or
polling place and for their reference
municipality of the deceased's
on election day.
residence as appearing in his death
certificate. In any case, the Local Civil Sec. 31. Sealing of Precinct Book of
Registrar shall furnish a copy of this Voters. - The Board shall notify within
list to the national central file and the fifteen (15) days before the start of
proper provincial file. the campaign period of all registered
political parties and members of the
The Election Officer shall post in the
106
evidence that the challenged whose name has been stricken out
voter is fictitious; and from the list may file with the court a
petition to include his name in the
g. The petition shall be heard and
permanent list of voters in his
decided within ten (10) days
precinct at any time except one
from the date of its filing. Cases
hundred five (105) days prior to a
appealed to the Regional Trial
regular election or seventy-five (75)
Court shall be decided within
days prior to a special election. It
ten (10) days from receipt of
shall be supported by a certificate of
the appeal. In all cases, the
disapproval of his application and
court shall decide these
proof of service of notice of his
petitions not later than fifteen
petition upon the Board. The petition
(15) days before the election
shall be decided within fifteen (15)
and the decision shall become
days after its filing.
final and executory.
If the decision is for the inclusion of
Sec. 33. Jurisdiction in Inclusion and
voters in the permanent list of voters,
Exclusion Case. The Municipal and
the Board shall place the application
Metropolitan Trial Courts shall have
for registration previously
original and exclusive jurisdiction
disapproved in the corresponding
over all cases of inclusion and
book of voters and indicate in the
exclusion of voters in their respective
application for registration the date
cities or municipalities. Decisions of
of the order of inclusion and the
the Municipal or Metropolitan Trial
court which issued the same.
Courts may be appealed by the
aggrieved party to the Regional Trial Sec. 35. Petition for Exclusion of
Court within five (5) days from Voters from the List. - Any registered
receipt of notice thereof. Otherwise, voters, representative of a political
said decision shall become final and party or the Election Officer, may file
executory. The regional trial court with the court a sworn petition for
shall decide the appeal within ten the exclusion of a voter from the
(10) days from the time it is received permanent list of voters giving the
and the decision shall immediately name, address and the precinct of
become final and executory. No the challenged voter at any time
motion for reconsideration shall be except one hundred (100) days prior
entertained. to a regular election or sixty-five (65)
days before a special election. The
Sec. 34. Petition for Inclusion of
petition shall be accompanied by
Voters in the List. - Any person
proof of notice to the Board and to
108
decided within ten (10) days from its not acted upon, he may file on any
filing. date with the proper Municipal
Circuit, Municipal or Metropolitan
If the decision is for the exclusion of
Trial Court a petition for an order
the voter from the list, the Board
directing that his name be entered or
shall, upon receipt of the final
corrected in the list. He shall attach
decision, remove the voter's
to the petition a certified copy of his
registration record from the
registration record or identification
corresponding book of voters, enter
card or the entry of his name in the
the order of exclusion therein, and
certified list of voters used in the
thereafter place the record in the
preceding election, together with the
inactive file.
proof that his application was denied
Sec. 36. Verification of Registered or not acted upon by the Board and
Voters. - The Election officer shall, in that he has served notice to the
order to preserve the integrity of the Board.
permanent list of voters, file
Sec. 38. Voters Excluded Through
exclusion proceedings when
Inadvertence or Registered with an
necessary, and verify the list of the
Erroneous or Mispelled Name. - Any
registered voters of any precinct by
registered voter whose registration
regular mail or house to house
record has not been included in the
canvass.
precinct book of voters, or whose
The Commission may enlist the help name has been omitted in the list of
of representatives of political parties voters or who has been included
and deputize non-government therein with a wrong or mispelled
organizations (NGOs), civic name may file with the Board an
organizations and barangay officials application for inclusion of his record,
to assist in the verification and house or reinstatement or correction of his
to house canvass of registered voters name as the case may be. If it is
in every precinct. denied or not acted upon, the voter
may file on any date with the proper
Sec. 37. Voter Excluded Through
Municipal or Metropolitan Trial Court
Inadvertence or Registered with an
a petition for an order directing that
Erroneous or Misspelled Name. - Any
the voter's name be entered or
registered voter who has not been
corrected in the list. The voters shall
included in the precinct certified list
attach to the petition a certified true
of voters or who has been included
copy of his registration record or
therein with a wrong or misspelled
identification card or the entry of his
name may file with the Board an
109
proof that his application was denied forms shall be clearly marked with
or not acted upon by the Board and the word "reconstituted."
that he has served notice thereof to
It shall be the duty of the Election
the Board.
Officer to immediately report to the
Sec. 39. Annulment at Book of Commission any case of loss or
Voters. - The Commission shall, upon destruction of registration record in
verified petition of any voter or his custody.
election officer or duly registered
The reconstitution of any lost or
political party, and after notice and
destroyed registration records shall
hearing, annul any book of voters
not affect the criminal liability of any
that is not prepared in accordance
person who is responsible for such
with the provisions of this Act or was
loss or destruction.
prepared through fraud, bribery,
forgery, impersonation, intimidation, Sec. 41. Examination of Registration
force or any similar irregularity, or Records. - All registration
which contains data that are records/computerized voters list in
statistically improbable. No order, the possession of the Election officer,
ruling or decision annulling a book of the Provincial Election Supervisor,
voters shall be executed within ninety and the Commission in Manila shall,
(90) days before an election. during regular office hours, be open
to examination by the public for
Sec. 40. Reconstitution of Lost or
legitimate inquiries on election
Destroyed Registration Records. -
related matters, free from any charge
The Commission shall reconstitute all
or access fee.
registration records which have been
lost or destroyed by using the Law enforcement agencies may, upon
corresponding copies of the prior authorization and subject to
provincial or national central files. In regulations promulgated by the
case of conflict the Commission shall Commission, have access to said
determine which file shall be used for registration records should the same
reconstitution purposes. If this is not be necessary to and in aid of their
feasible, the Commission shall investigative functions and duties.
conduct a general registration of
Sec. 42. Right to Information. - The
voters in the affected area: Provided,
duly authorized representative of a
That there is a scheduled election
registered political party or of a
before the next scheduled general
bonafide candidate shall have the
registration of voters in accordance
right to inspect and/or copy at their
with the Omnibus Election Code. All
110
registration activities.
Section 131. National central file of Section 133. Columns in the list of
registered voters. - There shall also be voters. - The list of voters shall be
a national central file or registered arranged in columns as follows: In the
voters consisting of the triplicate first column there shall be entered, at
copies of all approved voters' the time of closing of the list before
114
each meeting for the registration of hours. On the same day and hour, the
voters, the board of election poll clerk shall also post a copy of the
Page
list in the polling place in a secure statement setting forth the challenge
place on the door or near the same at and the decision thereon.
a height of a meter and a half, where
Section 137. Power of the board of
it may be conveniently consulted by
election inspectors to administer
the interested parties. The chairman,
oaths and issue summons. - For the
poll clerk and the two members of
purpose of determining the right of
the board of election inspectors shall
applicants to be registered as voters
each keep a copy of the list which
in the list, the board of election
may be inspected by the public in
inspectors shall have the same power
their residence or office during
to administer oaths, to issue
regular office hours. Immediately
subpoena and subpoena duces tecum
after the meeting for the closing of
and to compel witnesses to appear
the list, the poll clerk shall also send a
and testify, but the latter's fees and
notice to the election registrar,
expenses
provincial election supervisor and the
Commission regarding the changes incident to the process shall be paid
and the numbering above referred to, in advance by the party in whose
to be attached to the copy of the list behalf the summons is issued.
under their custody.
Section 138. Jurisdiction in inclusion
Section 136. Challenge of right to and exclusion cases. - The municipal
register. - Any person applying for and metropolitan trial courts shall
registration may be challenged have original and exclusive
before the board of election jurisdiction over all matters of
inspectors on any registration day be inclusion and exclusion of voters from
any member, voter, candidate, or the list in their respective
watcher. The board shall then municipalities or cities. Decisions of
examine the challenged person and the municipal or metropolitan trial
shall receive such other evidence as it courts may be appealed directly by
may deem pertinent, after which it the aggrieved party to the proper
shall decide whether the elector shall regional trial court within five days
be included in or excluded from the from receipt of notice thereof,
list as may be proper. All challenges otherwise said decision of the
shall be heard and decided without municipal or metropolitan trial court
delay, and in no case beyond three shall become final and executory
days from the date the challenge was after said period. The regional trial
made. court shall decide the appeal within
ten days from the time the appeal
After the question has been decided,
116
shall, once every two years or more annulling a book of voters shall be
often should the Commission deem it executed within sixty (60) days
before an election.
necessary in order to preserve the
integrity of the permanent lists of RULE 31 OF THE COMELEC
voters, conduct verification by mail or RULES OF PROCEDURE,
house-to-house canvass, or both, of provides –
the registered voters of any barangay Rule 31 - Annulment of
for purposes of exclusion Permanent List of Voters
proceedings.
Section 1. Grounds. - Any book of
Section 145. Annulment of voters not prepared in accordance
permanent lists of voters. - Any book with the provisions of law, or the
preparation of which has been
of voters not prepared in accordance
effected with fraud, bribery,
with the provisions of this Code or forgery, impersonation,
the preparation of which has been intimidation, force, or any other
effected with fraud, bribery, forgery, similar irregularity, or which list is
impersonation, intimidation, force, or statistically improbable, may be
annulled by the Commission.
any other similar irregularity or which
list is statistically improbable may, Section 2. Petition to Annul. - Any
upon verified petition of any voter or voter, election registrar, or duly
election registrar, or duly registered registered political party,
organization or coalition of political
political party, and after notice and parties may file with the Law
hearing, be annulled by the Department of the Commission a
Commission: Provided, That no order, petition to annul a permanent list
ruling or decision annulling a book of of voters.
voters shall be executed within sixty Section 3. Notice of Hearing. -
days before an election. Within three days from the filing of
the petition, the Clerk of Court
SECTION 145 HAS BEEN AMENDED concerned shall make a report of
BY SECTION 10 OF RA 7166, provides the petition of the Commission
– which shall determine either to
give it due course or to deny the
Section 10. Annulment of the List same. If the Commission shall
of Voters. - Any book of voters the decide to give it due course, an
preparation of which has been Order to that effect, fixing the date
affected with fraud, bribery, of hearing, shall be published in a
forgery, impersonation, newspaper of general circulation
intimidation, force or any other in the province or city concerned
similar irregularity or which is once a week for two consecutive
statistically improbable may be weeks, the last of which shall not
119
annulled, after due notice of a be less than ten days prior to the
verified complaint: Provided, That, date of hearing. Copies of the
order shall likewise be furnished to
Page
flag shall be hoisted at the proper Section 11. Voting Booth. - Any
height. provision of law to the contrary
notwithstanding, there shall be in
Section 157. Arrangement and each polling place at least ten (10)
contents of polling places. - Each voting booths of such size,
specifications and materials as the
polling place shall conform as much
Commission may provide to
as possible to the sketch on the enable the voters to fill out their
following page. ballots secretly.
give them orderly access to the table to the city or municipal treasurer who
and the booths during the voting. shall furnish another box or
receptacle as equally adequate as
(d) The polling place shall be so
possible. The election registrar shall
arranged that the booths, the table,
report the incident and the delivery
the ballot boxes and the whole
of a new ballot box by the fastest
polling place, except what is being
means of communication on the
written within the booths, shall be in
same day to the Commission and to
plain view of the board of election
the provincial election supervisor.
inspectors, the watchers and other
persons who may be within the Section 161. Tally boards. - At the
polling place. beginning of the counting, there shall
be placed within the plain view of the
Section 160. Ballot boxes. -
board of election inspectors,
(a) There shall be in each polling watchers and the public, a tally board
place on the day of the voting a ballot where the names of all the registered
box one side of which shall be candidates or the issues or questions
transparent which shall be set in a to be voted upon shall be written,
manner visible to the voting public and the poll clerk shall record
containing two compartments, thereon the votes received by each of
namely, the compartment for valid them as the chairman of the board of
ballots which is indicated by an election inspectors reads the ballot.
interior cover painted white and the
Section 162. Furnishing of ballot
compartment for spoiled ballots
boxes, forms, stationeries and
which is indicated by an interior
materials for election. - The
cover painted red. The boxes shall be
Commission shall prepare and furnish
uniform throughout the Philippines
the ballot boxes, forms, stationeries
and shall be solidly constructed and
and materials necessary for the
shall be closed with three different
registration of voters and the holding
locks as well as three numbered
of the election.
security locks and such other safety
devices as the Commission may The provincial, city and municipal
prescribe in such a way that they can treasurer shall have custody of such
not be opened except by means of election paraphernalia, supplies and
three distinct keys and by destroying materials as are entrusted to him
such safety devices. under the law or rules of the
Commission and shall be responsible
(b) In case of the destruction or
for their preservation and storage,
disappearance of any ballot box on
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take such person into custody until appears or the vacancy is filled. In
the adjournment of the meeting, but case there are two or more members
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them, taking into account, for them inside the polling place.
among other things, their
showing in past elections; They shall have the right to witness
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sign and furnish such certificate shall may file a petition for accreditation
duly verified by its President,
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not put any distinct mark on the event of failure to receive the
any part of this ballot." official ballots on time, or where
(b) The official ballot shall there are no sufficient ballots for all
also contain the names of all registered voters or where they are
the officer to be voted for in destroyed at such time as shall
the election, allowing render it impossible to provide other
opposite the name of each
official ballots, in which cases the city
office, sufficient space of
spaces with horizontal lines or municipal treasurer shall provide
where the voter may write other ballots which shall be as similar
the name or names of to the official ones as circumstances
individual candidates voted will permit and which shall be
for by him.
uniform within each polling place.
(c) There shall not be The treasurer shall immediately
anything printed or written report such action to the
on the back of the ballot Commission.
except as provided in
Section 24 of this Act. The municipal treasurer shall not
(d) Official ballot for cities undertake the preparation of the
and municipalities where emergency ballots unless the political
Arabic is of general use shall parties, candidates and the
have each of the titles of the organizations collectively authorized
offices to be voted for
by the Commission to designate
printed in Arabic in addition
to and immediately below watchers have been sufficiently
the English title. notified to send their representatives
and have agreed in writing to the
(e) Notwithstanding the
preparation and use of emergency
preceding provisions, the
Commission is hereby ballots.
authorized to prescribe a
Section 183. Requisition of official
different form of official ballot
on the same watermarked ballots and election returns. - Official
security paper to facilitate ballots and election returns shall be
voting by illiterate voter only printed upon orders of the
and to use or adopt the Commission. Requisition of official
latest technological and
electronic devices in ballots shall be for each city and
connection therewith as municipality, at the rate of one and
provided under Section 52(i) one-fifth ballots for every registered
of the Omnibus Election voter in the next preceding election;
Code.
and for election returns, at one set
thereof for every polling place.
135
returns are clearly reproduced on the bearing instead the words 'Official
other copies thereof and shall bear Sample Ballot' to be shown to the
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professional, business, service, youth ballots and election returns shall (a)
take charge of the room or rooms
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the board of election inspectors. voters, the forms to be used, and all
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other materials which may be order their use in writing, stating the
necessary. reasons therefor.
(b) Immediately thereafter, the (d) The chairman and the two party
chairman of the board of election members of the board of election
inspectors shall open the ballot box, inspectors shall retain in their
empty both of its compartments, possession their respective keys to
exhibit them to all those present and the padlocks during the voting.
being empty, lock its interior covers
(e) The box shall remain locked until
with three padlocks.
the voting is finished and the
(c) The chairman shall forthwith show counting begins. However, if it should
to the public and the watchers become necessary to make room for
present the package of official ballots more ballots, the board of election
received from the city, or municipal inspectors may open the box in the
treasurer duly wrapped and sealed presence of the whole board of
and the number of pads, the serial election inspectors and the watchers,
numbers and the type forms of the and the chairman shall press down
ballots in each pad appearing on the with his hands the ballots contained
cover, and the book of voters duly therein without removing any of
sealed. The board of election them, after which the board of
inspectors shall then break the seals election inspectors shall close the box
of the package of official ballots and and lock it with three padlocks as
the book of voters. The board of hereinbefore provided.
election inspectors shall enter in the
Section 192. Persons allowed in and
minutes the fact that the package of
around the polling place. - During the
ballots, and the book of voters were
voting, no person shall be allowed
shown to the public with their
inside the polling place, except the
wrapping and corresponding seals
members of the board of election
intact and/or if they find that the
inspectors, the watchers, the
wrapping and seals are broken, such
representatives of the Commission,
fact must be stated in the minutes as
the voters casting their votes, the
well as the number of pads and the
voters waiting for their turn to get
serial numbers of ballots that they
inside the booths whose number
find in the package.
shall not exceed twice the number of
Ballots with separately printed serial booths and the voters waiting for
numbers shall be deemed spurious their turn to cast their votes whose
and shall not be utilized by the board number shall not exceed twenty at
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of election inspectors unless the any one time. The watchers shall stay
Commission representative shall only in the space reserved for them,
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space in the coupon, and deliver the number does not coincide with the
folded ballot to the chairman. number of the ballot delivered to the
voter, as entered in the voting
(c) The chairman, in the presence and
record, shall be considered as spoiled
view of the voter and all the
and shall be so marked and signed by
members of the board of election
the members of the board of election
inspectors, without unfolding the
inspectors.
ballot or seeing its contents, shall
verify its number from the voting Section 199. Challenge of illegal
record where it was previously voters. -
entered.
(a) Any voter, or watcher may
(d) The voter shall fortwith affix his challenge any person offering to vote
thumbmark by the side of his for not being registered, for using the
signature in the space intended for name of another or suffering from
that purpose in the voting record and existing disqualification. In such case,
the chairman shall apply silver nitrate the board of election inspectors shall
and commassie blue on the right satisfy itself as to whether or not the
forefinger nail or on any other ground for the challenge is true by
available finger nail, if there be no requiring proof of registration or the
forefinger nail. identity of the voter; and
(e) The chairman shall sign in the (b) No voter shall be required to
proper space beside the thumbmark present his voter's affidavit on
of the voter. election day unless his identity is
challenged. His failure or inability to
(f) The chairman, after finding
produce his voter's affidavit upon
everything to be in order, shall then
being challenged, shall not preclude
detach the coupon in the presence of
him from voting if his identity be
the board of election inspectors and
shown from the photograph,
of the voter and shall deposit the
fingerprints, or specimen signatures
folded ballot in the compartment for
in his approved application in the
valid ballots, and the detached
book of voters or if he is identified
coupon in the compartment for
under oath by a member of the board
spoiled ballots.
of election inspectors and such
(g) The voter shall then depart. identification shall be reflected in the
minutes of the board.
Any ballot returned to the chairman
whose detachable coupon has been Section 200. Challenge based on
removed not in the presence of the certain illegal acts. - Any voter or
144
the voter, or any ballot whose offering to vote on the ground that
the challenged person has received election inspectors in each case and,
or expects to receive, has paid, upon the termination of the voting,
offered or promised to pay, has shall certify that it contains all the
contributed, offered or promised to challenges made. The original of this
contribute money or anything of record shall be attached to the
value as consideration for his vote or original copy of the minutes of the
for the vote of another; that he has voting as provided in the succeeding
made or received a promise to section.
influence the giving or withholding of
Section 203. Minutes of voting and
any such vote or that he has made a
counting of votes. - The board of
bet or is interested directly or
election inspectors shall prepare and
indirectly in a bet which depends
sign a statement in four copies
upon the result of the election. The
setting forth the following:
challenged person shall take a
prescribed oath before the board of 1. The time the voting commenced
election inspectors that he has not and ended;
committed any of the acts alleged in
2. The serial numbers of the official
the challenge. Upon the taking of
ballots and election returns, special
such oath, the challenge shall be
envelopes and seals received;
dismissed and the challenged voter
shall be allowed to vote, but in case 3. The number of official ballots used
of his refusal to take such oath, the and the number left unused;
challenge shall be sustained and he
4. The number of voters who cast
shall not be allowed to vote.
their votes;
Section 201. Admission of challenged
5. The number of voters challenged
vote immaterial in criminal
during the voting;
proceedings. - The admission of the
challenged vote under the two 6. The names of the watchers
preceding sections shall not be present;
conclusive upon any court as to the
7. The time the counting of votes
legality of the registration of the
commenced and ended;
voter challenged or his vote in a
criminal action against such person 8. The number of official ballots
for illegal registration or voting. found inside the compartment for
valid ballots;
Section 202. Record of challenges and
oaths. - The poll clerk shall keep a 9. The number of valid ballots, if any,
prescribed record of challenges and
145
10. The number of ballots, if any, election inspectors, after which all
found folded together; the unused ballots shall be torn
halfway in the presence of the
11. The number of spoiled ballots
members of the board of election
withdrawn from the compartment for
inspectors.
valid ballots;
Section 205. Prohibition of premature
12. The number of excess ballots;
announcement of voting. - No
13. The number of marked ballots; member of the board of election
inspectors shall, before the
14. The number of ballots read and
termination of the voting, make any
counted;
announcement as to whether a
15. The time the election returns certain registered voter has already
were signed and sealed in their voted or not, as to how many have
respective special envelopes; already voted or how many so far
have failed to vote, or any other fact
16. The number and nature of
tending to show or showing the state
protests made by watchers; and
of the polls, nor shall he make any
17. Such other matters that the statement at any time, except as
Commission may require. witness before a court, as to how any
person voted.
Copies of this statement after being
duly accomplished shall be sealed in
separate envelopes and shall be
ARTICLE XVIII
distributed as follows: (a) the original
COUNTING OF VOTES
to the city or municipal election
registrar; (b) the second copy to be Section 206. Counting to be public
deposited inside the compartment and without interruption. - As soon as
for valid ballots of the ballot box; and the voting is finished, the board of
(c) the third and fourth copies to the election inspectors shall publicly
representatives of the accredited count in the polling place the votes
political parties. cast and ascertain the results. The
board of election inspectors shall not
Section 204. Disposition of unused
adjourn or postpone or delay the
ballots at the close of the voting
count until it has been fully
hours. - The chairman of the board of
completed, unless otherwise ordered
election inspectors shall prepare a list
by the Commission.
showing the number of unused
ballots together with the serial The Commission, in the interest of
146
numbers. This list shall be signed by free, orderly, and honest elections,
all the members of the board of may order the board of election
Page
inspectors to count the votes and to for valid ballots without unfolding
accomplish the election returns and them or exposing their contents,
other forms prescribed under this except so far as to ascertain that each
Code in any other place within a ballot is single, and compare the
public building in the same number of ballots in the box with the
municipality or city: Provided, That number of voters who have voted. If
the said public building shall not be there are excess ballots, they shall be
located within the perimeter of or returned in the box and thoroughly
inside a military or police camp or mixed therein, and the poll clerk,
reservation nor inside a prison without seeing the ballots and with
compound. his back to the box, shall publicly
draw out as may ballots as may be
SECTION 206 HAS BEEN
equal to the excess and without
SUPPLEMENTED BY SECTION 18 OF
unfolding them, place them in an
RA 6646, provides –
envelope which shall be marked
Section 18. Transfer of "excess ballots" and which shall be
Counting of Votes to Safer sealed and signed by the members of
Place. - If on account on imminent the board of election inspectors. The
danger of violence, terrorism, envelope shall be placed in the
disorder or similar causes it
becomes necessary to transfer the compartment for valid ballots, but its
counting of votes to a safer place, contents shall not be read in the
the board of inspectors may effect counting of votes. If in the course of
such transfer by unanimous the examination ballots are found
approval by the board and
folded together before they were
concurrence by the majority of the
watchers present. This fact shall deposited in the box, they shall be
be recorded in the minutes of placed in the envelope for excess
voting and the members of the ballots. In case ballots with their
board and the watchers shall detachable coupons be found in the
manifest their approval or
concurrence by affixing their box, such coupons shall be removed
signatures therein. The and deposited in the compartment
Commission shall issue rules and for spoiled ballots, and the ballots
guidelines on the matter to secure shall be included in the file of valid
the safety of the members of the
ballots. If ballots with the words
board, the watchers, and all the
election documents and "spoiled" be found in the box, such
paraphernalia. ballots shall likewise be placed in the
compartment for spoiled ballots.
Section 207. Excess ballots. - Before
proceeding to count the votes the Section 208. Marked ballots. - The
147
determine whether there are any other valid ballots, and the excess or
marked ballots, and, if any be found, marked ballots shall be placed in their
they shall be placed in an envelope proper envelopes which shall for such
labelled "marked ballots" which shall purposes be opened and again
be sealed and signed by the members labelled, sealed, signed and kept as
of the board of election inspectors hereinafter provided.
and placed in the compartment for
Section 210. Manner of counting
valid ballots and shall not be counted.
votes. - The counting of votes shall be
A majority vote of the board of
made in the following manner: the
election inspectors shall be sufficient
board of election inspectors shall
to determine whether any ballot is
unfold the ballots and form separate
marked or not. Non-official ballots
piles of one hundred ballots each,
which the board of election
which shall be held together with
inspectors may find, except those
rubber bands, with cardboard of the
which have been used as emergency
size of the ballots to serve as folders.
ballots, shall be considered as
The chairman of the board of election
marked ballots.
inspectors shall take the ballots of
Section 209. Compartment for the first pile one by one and read the
spoiled ballots. - The ballots names of candidates voted for and
deposited in the compartment for the offices for which they were voted
spoiled ballots shall be presumed to in the order in which they appear
be spoiled ballots, whether or not thereon, assuming such a position as
they contain such notation; but if the to enable all of the watchers to read
board of election inspectors should such names. The chairman shall sign
find that during the voting any valid and affix his right hand thumbmark at
ballot was erroneously deposited in the back of the ballot immediately
this compartment, or if any ballot after it is counted. The poll clerk, and
separated as excess or marked had the third member, respectively, shall
been erroneously deposited therein, record on the election returns and
the board of election inspectors shall the tally board or sheet each vote as
open said compartment after the the names voted for each office are
voting and before the counting of read.
votes for the sole purpose of drawing
Each vote shall be recorded by a
out the ballots erroneously deposited
vertical line, except every fifth vote
therein. It shall then prepare and sign
which shall be recorded by a diagonal
a statement of such fact and lock the
line crossing the previous four
box with its three keys immediately
vertical lines. One party member shall
148
other shall check the recording of the board of election inspectors shall
votes on the tally board or sheet and observe the following rules, bearing
the election returns seeing to it that in mind that the object of the
the same are correctly accomplished. election is to obtain the expression of
After finishing the first pile of ballots, the voter's will:
the board of election inspectors shall
1. Where only the first name of a
determine the total number of votes
candidate or only his surname is
recorded for each candidate, the sum
written, the vote for such candidate
being noted on the tally board or
is valid, if there is no other candidate
sheet and on the election returns. In
with the same first name or surname
case of discrepancy such recount as
for the same office.
may be necessary shall be made. The
ballots shall then be grouped 2. Where only the first name of a
together again as before the reading. candidate is written on the ballot,
Thereafter, the same procedure shall which when read, has a sound similar
be followed with the second pile of to the surname of another candidate,
ballots and so on successively. After the vote shall be counted in favor of
all the ballots have been read, the the candidate with such surname. If
board of election inspectors shall sum there are two or more candidates
up the totals recorded for each with the same full name, first name
candidate, and the aggregate sum or surname and one of them is the
shall be recorded both on the tally incumbent, and on the ballot is
board or sheet and on the election written only such full name, first
returns. It shall then place the name or surname, the vote shall be
counted ballots in an envelope counted in favor of the incumbent.
provided for the purpose, which shall
3. In case the candidate is a woman
be closed signed and deposited in the
who uses her maiden or married
compartment for valid ballots. The
surname or both and there is another
tally board or sheet as accomplished
candidate with the same surname, a
and certified by the board of election
ballot bearing only such surname
inspectors shall not be changed or
shall be counted in favor of the
destroyed but shall be kept in the
candidate who is an incumbent.
compartment for valid ballots.
4. When two or more words are
Section 211. Rules for the
written on the same line on the
appreciation of ballots. - In the
ballot, all of which are the surnames
reading and appreciation of ballots,
of two or more candidates, the same
every ballot shall be presumed to be
shall not be counted for any of them,
149
least one year in which case it shall candidate and the vote for the office
be counted in favor of the latter. for which he is not a candidate shall
be considered as stray, except when
When two or more words are written
it is used as a means to identify the
on different lines on the ballot all of
voter, in which case, the whole ballot
which are the surnames of two or
shall be void.
more candidates bearing the same
surname for an office for which the If the word or words written on the
law authorizes the election of more appropriate blank on the ballot is the
than one and there are the same identical name or surname or full
number of such surnames written as name, as the case may be, of two or
there are candidates with that more candidates for the same office
surname, the vote shall be counted in none of whom is an incumbent, the
favor of all the candidates bearing vote shall be counted in favor of that
the surname. candidate to whose ticket belong all
the other candidates voted for in the
5. When on the ballot is written a
same ballot for the same
single word which is the first name of
constituency.
a candidate and which is at the same
time the surname of his opponent, 9. When in a space in the ballot there
the vote shall be counted in favor of appears a name of a candidate that is
the latter. erased and another clearly written,
the vote is valid for the latter.
6. When two words are written on
the ballot, one of which is the first 10. The erroneous initial of the first
name of the candidate and the other name which accompanies the correct
is the surname of his opponent, the surname of a candidate, the
vote shall not be counted for either. erroneous initial of the surname
accompanying the correct first name
7. A name or surname incorrectly
of a candidate, or the erroneous
written which, when read, has a
middle initial of the candidate shall
sound similar to the name or
not annul the vote in favor of the
surname of a candidate when
latter.
correctly written shall be counted in
his favor; 11. The fact that there exists another
person who is not a candidate with
8. When a name of a candidate
the first name or surname of a
appears in a space of the ballot for an
candidate shall not prevent the
office for which he is a candidate and
adjudication of the vote of the latter.
in another space for which he is not a
150
"Ginoo", "Hon.", "Gob." or suffixes 17. Where there are two or more
like "Hijo", "Jr.", "Segundo", are valid. candidates voted for in an office for
which the law authorizes the election
13. The use of the nicknames and
of only one, the vote shall not be
appellations of affection and
counted in favor of any of them, but
friendship, if accompanied by the first
this shall not affect the validity of the
name or surname of the candidate,
other votes therein.
does not annul such vote, except
when they were used as a means to 18. If the candidates voted for exceed
identify the voter, in which case the the number of those to be elected,
whole ballot is invalid: Provided, That the ballot is valid, but the votes shall
if the nickname used is be counted only in favor of the
unaccompanied by the name or candidates whose names were firstly
surname of a candidate and it is the written by the voter within the
one by which he is generally or spaces provided for said office in the
popularly known in the locality, the ballot until the authorized number is
name shall be counted in favor of covered.
said candidate, if there is no other
19. Any vote in favor of a person who
candidate for the same office with
has not filed a certificate of candidacy
the same nickname.
or in favor of a candidate for an office
14. Any vote containing initials only for which he did not present himself
or which is illegible or which does not shall be considered as a stray vote
sufficiently identify the candidate for but it shall not invalidate the whole
whom it is intended shall be ballot.
considered as a stray vote but shall
20. Ballots containing the name of a
not invalidate the whole ballot.
candidate printed and pasted on a
15. If on the ballot is correctly written blank space of the ballot or affixed
the first name of a candidate but with thereto through any mechanical
a different surname, or the surname process are totally null and void.
of the candidate is correctly written
21. Circles, crosses or lines put on the
but with different first name, the
spaces on which the voter has not
vote shall not be counted in favor of
voted shall be considered as signs to
any candidate having such first name
indicate his desistance from voting
and/or surname but the ballot shall
and shall not invalidate the ballot.
be considered valid for other
candidates. 22. Unless it should clearly appear
that they have been deliberately put
16. Any ballot written with crayon,
151
hyphens between the first name and for a Vice-President who does not
surname of a candidate, or in other belong to such party.
parts of the ballot, traces of the letter
Section 212. Election returns. - The
"T", "J", and other similar ones, the
board of election inspectors shall
first letters or syllables of names
prepare the election returns
which the voter does not continue,
simultaneously with the counting of
the use of two or more kinds of
the votes in the polling place as
writing and unintentional or
prescribed in Section 210 hereof. The
accidental flourishes, strokes, or
return shall be prepared in
strains, shall not invalidate the ballot.
sextuplicate. The recording of votes
23. Any ballot which clearly appears shall be made as prescribed in said
to have been filled by two distinct section. The entry of votes in words
persons before it was deposited in and figures for each candidate shall
the ballot box during the voting is be closed with the signature and the
totally null and void. clear imprint of the thumbmark of
the right hand of all the members,
24. Any vote cast in favor of a
likewise to be affixed in full view of
candidate who has been disqualified
the public, immediately after the last
by final judgment shall be considered
vote recorded or immediately after
as stray and shall not be counted but
the name of the candidate who did
it shall not invalidate the ballot.
not receive any vote.
25. Ballots wholly written in Arabic in
The returns shall also show the date
localities where it is of general use
of the election, the polling place, the
are valid. To read them, the board of
barangay and the city of municipality
election inspectors may employ an
in which it was held, the total number
interpreter who shall take an oath
of ballots found in the compartment
that he shall read the votes correctly.
for valid ballots, the total number of
26. The accidental tearing or valid ballots withdrawn from the
perforation of a ballot does not annul compartment for spoiled ballots
it. because they were erroneously
placed therein, the total number of
27. Failure to remove the detachable
excess ballots, the total number of
coupon from a ballot does not annul
marked or void ballots, and the total
such ballot.
number of votes obtained by each
28. A vote for the President shall also candidate, writing out the said
be a vote for the Vice-President number in words and figures and, at
running under the same ticket of a the end thereof, the board of election
152
political party, unless the voter votes inspectors shall certify that the
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reason for the variance in serial forward the other copy to the
numbers. Commission, and one copy each to
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follows:
board of canvassers as a body for its
"Sec. 27. Number of Copies
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copy, to the
the board.
longer time in connection with any not placed therein, the board of
pending contest or investigation. election inspectors, instead of
However, upon showing by any opening the ballot box in order to
candidate that the boxes will be in place therein said documents or
danger of being violated if kept in the articles, shall deliver the same to the
possession of such officials, the Commission or its duly authorized
Commission may order them kept by representatives. In no instance shall
any other official whom it may the ballot box be reopened to place
designate. Upon the lapse of said therein or take out therefrom any
time and if there should be no order document or article except to
to the contrary, the Commission may retrieve copies of the election returns
authorize the city and municipal which will be needed in any canvass
treasurer in the presence of its and in such excepted instances, the
representative to open the boxes and members of the board of election
burn their contents, except the copy inspectors and watchers of the
of the minutes of the voting and the candidates shall be notified of the
election returns deposited therein time and place of the opening of said
which they shall take and keep. ballot box: Provided, however, That if
there are other copies of the election
(c) In case of calamity or fortuitous
returns outside of the ballot box
event such as fire, flood, storm, or
which can be used in canvass, such
other similar calamities which may
copies of the election returns shall be
actually cause damage to the ballot
used in said canvass and the opening
boxes and/or their contents, the
of the ballot box to retrieve copies of
Commission may authorize the
the election returns placed therein
opening of said ballot boxes to
shall then be dispensed with.
salvage the ballots and other
contents by placing them in other ARTICLE XIX
ballot boxes, taking such other CANVASS AND PROCLAMATION
precautionary measures as may be
Section 221. Board of canvassers. -
necessary to preserve such
There shall be a board of canvassers
documents.
for each province, city, municipality,
Section 220. Documents and articles and district of Metropolitan Manila as
omitted or erroneously placed inside follows:
the ballot box. - If after the delivery
(a) Provincial board of canvassers. -
of the keys of the ballot box to the
the provincial board of canvassers
proper authorities, the board of
shall be composed of the provincial
election inspectors shall discover that
159
shall be composed of the election official station, nor shall he leave said
registrar or a representative of the
Page
station without prior authority of the political parties, the Commission shall
Commission. appoint as substitutes those
nominated by the said political
Section 224. Feigned illness. - Any
parties.
member of the board of canvassers
feigning illness in order to be SECTION 226 HAS BEEN AMENDED
substituted on election day until the BY SECTION 21 OF RA 6646, provides
proclamation of the winning –
candidates shall be guilty of an
election offense. Section 21. Substitution of
Chairman and Members of the
Section 225. Vote required. - A Board of Canvassers. - In case
majority vote of all the members of of non-availability, absence,
disqualification due to relationship,
the board of canvassers shall be or incapacity for any cause of the
necessary to render a decision. chairman, the Commission shall
appoint as substitute a ranking
Section 226. Incapacity and lawyer of the Commission. With
substitution of members of boards of respect to the other members of
canvassers. - In case of non- the board, the Commission shall
availability, absence, disqualification appoint as substitute the following
in the order named: The Provincial
due to relationship, or incapacity for Auditor, the Registrar of Deeds,
any cause of the chairman, the the Clerk of Court nominated by
Commission shall designate the the Executive Judge of the
provincial or city fiscal to act as Regional Trial Court, and any
other available appointive
chairman. Likewise, in case of non-
provincial official in the case of the
availability, absence, disqualification provincial board of canvassers;
due to relationship, or incapacity for the officials in the city
any cause, of such designee, the next corresponding to those
ranking provincial or city fiscal shall enumerated, in the case of the city
board of canvassers; and the
be designated by the Commission Municipal Administrator, the
and such designation shall pass to the Municipal Assessor, the Clerk of
next in rank until the designee Court nominated by the Executive
qualifies. With respect to the other Judge of the Municipal Trial Court,
or any other available appointive
members of the board of canvassers,
municipal officials, in the case of
the Commission shall appoint as the municipal board of
substitute the provincial, city or canvassers.
municipal officers of other
Section 227. Supervision and control
government agencies in the province,
over board of canvassers. - The
city or municipality, as the case may
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canvassers.
(a) For the city and municipal board For this purpose, the two political
of canvassers, the copy of the parties shall designate their
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board of canvassers shall keep the available the data contained therein
ballot boxes containing the election to the mass media and other
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Batasang Pambansa. The second copy policemen or any peace officers for
shall be transmitted to the their protection or for the protection
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order the opening of the ballot box Sections 235 and 236 of Batas
and, likewise after satisfying itself Pambansa Blg. 881
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vote. The board of canvassers shall if one has been made, as the
forthwith make a certificate stating evidence shall warrant in accordance
the name of the candidate who had with the succeeding sections.
been favored by luck and his
Section 243. Issues that may be
proclamation on the basis thereof.
raised in pre-proclamation
Nothing in this section shall be controversy. - The following shall be
construed as depriving a candidate of proper issues that may be raised in a
his right to contest the election. pre-proclamation controversy:
may appeal the matter to the which objections shall be noted in the
Commission within five days after the minutes of the canvassing.
ruling with proper notice to the board
The board of canvassers upon receipt
of canvassers. After due notice and
of any such objections shall
hearing, the Commission shall decide
automatically defer the canvass of
the case within ten days from the
the contested returns and shall
filing thereof. During the pendency of
proceed to canvass the rest of the
the case, the board of canvassers
returns which are not contested by
shall suspend the canvass until the
any party.
Commission orders the continuation
or resumption thereof and citing their Within twenty-four hours from and
reasons or grounds therefor. after the presentation of a verbal
objection, the same shall be
SECTION 244 HAS BEEN AMENDED
submitted in written form to the
BY SECTION 19 OF RA 7166, provides
board of canvassers. Thereafter, the
–
board of canvassers shall take up
Section 19. Consented each contested return, consider the
Composition or Proceedings of the written objections thereto and
Board: Period to Appeal: Decision summarily rule thereon. Said ruling
by the Commission. - Parties
shall be made oral initially and then
adversely affected by a ruling of
the board of canvassers on reduced to writing by the board
questions affecting the within twenty-four hours from the
composition or proceedings of the time the oral ruling is made.
board may appeal the matter to
the Commission within three (3) Any party adversely affected by an
days from a ruling thereon. The oral ruling on its/his objection shall
Commission shall summarily immediately state orally whether
decided the case within five (5)
days from the filing thereof. it/he intends to appeal said ruling.
The said intent to appeal shall be
Section 245. Contested election stated in the minutes of the
returns. - Any candidate, political canvassing. If a party manifests its
party or coalition of political parties, intent to appeal, the board of
contesting the inclusion or exclusion canvassers shall set aside the return
in the canvass of any election returns and proceed to rule on the other
on any of the grounds authorized contested returns. When all the
under this article or in Sections 234, contested returns have been ruled
235 and 236 of Article XIX shall upon by it, the board of canvassers
submit their verbal objections to the shall suspend the canvass and shall
169
SECTION 246 HAS BEEN AMENDED proclamation. - The filing with the
BY SECTION 18 OF RA 7166, provides Commission of a petition to annual or
– to suspend the proclamation of any
candidate shall suspend the running
Section 18. Summary Disposition of the period within which to file an
of Pre-proclamation
Controversies. - All pre- election protest or quo warranto
proclamation controversies on proceedings.
election returns or certificates of
canvass shall, on the basis of the RULE 27 OF THE COMELEC RULES OF
records and evidence elevated to PROCEDURE, provides –
it by the board of canvassers, be
disposed of summarily by the Rule 27 - Pre-Proclamation
Commission within seven (7) days Controversies
from receipt thereof. Its decisions
shall be executory after the lapse Section 1. Jurisdiction of the
of seven (7) days for receipts by Commission in Pre-Proclamation
the losing party of the decision of Controversies. - The Commission
the Commission. has exclusive jurisdiction in pre-
proclamation controversies arising
Section 247. Partial proclamation. - from national, regional or local
Notwithstanding the pendency of election.
any pre-proclamation controversy, A pre-proclamation controversy
the Commission may, motu proprio may be raised by any candidate or
or upon the filing of a verified by any registered political party,
petition and after due notice and organization, or coalition of
political parties before the board of
hearing, order the proclamation of
canvassers or directly with the
other winning candidates whose Commission.
election will not be affected by the
outcome of the controversy. Section 2. Pre-Proclamation
Controversies: How
SECTION 246 HAS BEEN AMENDED Commenced. - Questions affecting
BY SECTION 21 OF RA 7166, provides the composition or proceedings of
the Board of Canvassers or
– correction of manifest errors may
be initiated in the Board or directly
Section 21. Partial Proclamation. - with the Commission. However,
Notwithstanding the pendency of matters raised under Sections
any pre-proclamation controversy, 233, 234, 235, and 236 of the
the Commission may summarily Omnibus Election Code in relation
order the proclamation of other to the preparation, transmission,
winning candidates whose election receipt, custody and appreciation
will not be affected by the outcome of the election returns, and the
of the controversy. Certificate of Canvass shall be
172
candidacy and has been voted for the the election of any municipal
official shall be filed with the
same office, within ten days after
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shall be final.
on rehearing no decision is
Every decision shall express reached, the action or proceeding
therein clearly and distinctly the shall be dismissed if originally
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are not supported by the evidence decision, but in every case within six
or which are contrary to law, months after filing, decide the same.
making express reference to the
testimonial or documentary Section 259. Actual or compensatory
evidence or the provisions of law damages. - Actual or compensatory
alleged to be contrary to such
damages may be granted in all
findings or conclusions.
election contests or in quo warranto
Section 4. Effect of Motion for proceedings in accordance with law.
Reconsideration on Period to
Appeal. - A motion to reconsider a Section 260. Notice of decisions. - The
decision, resolution, order or ruling clerk of court and the corresponding
when not pro-forma, suspends the official in the Commission before
running of the period to elevate
the matter to the Supreme Court. whom an election contest or a quo
warranto proceeding has been
Section 5. How Motion for instituted or where the appeal of said
Reconsideration Disposed Of. - case has been taken shall notify
Upon the filing of a motion to
reconsider a decision, resolution, immediately the President of the
order or ruling of a Division, the Philippines of the final disposition
Clerk of Court concerned shall, thereof. In election contests involving
within twenty-four (24) hours from provincial, city, municipal, or
the filing thereof, notify the
barangay offices, notice of such final
Presiding Commissioner. The
latter shall within two (2) days disposition shall also be sent to the
thereafter certify the case to the secretary of the local sanggunian
Commission en banc. concerned. If the decision be that
none of the parties has been legally
Section 6. Duty of Clerk of Court
of Commission to Calendar Motion elected, said official shall certify such
for Resolution. - The Clerk of decision to the President of the
Court concerned shall calendar Philippines and, in appropriate cases,
the motion for reconsideration for to the Commission.
the resolution of the Commission
en banc within ten (10) days from ARTICLE XXII
the certification thereof.
ELECTION OFFENSES
Section 258. Preferential disposition Section 261. Prohibited Acts. - The
of contests in courts. - The courts, in following shall be guilty of an election
their respective cases, shall give offense:
preference to election contests over
all other cases, except those of (a) Vote-buying and vote-selling. -
habeas corpus, and shall without (1) Any person who gives, offers or
delay, hear and, within thirty days promises money or anything of value,
194
from the date of their submission for gives or promises any office or
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public or private, or makes or offers (1) Any public officer, or any officer of
to make an expenditure, directly or any public or private corporation or
indirectly, or cause an expenditure to association, or any head, superior, or
be made to any person, association, administrator of any religious
corporation, entity, or community in organization, or any employer or
order to induce anyone or the public land-owner who coerces or
in general to vote for or against any intimidates or compels, or in any
candidate or withhold his vote in the manner influence, directly or
election, or to vote for or against any indirectly, any of his subordinates or
aspirant for the nomination or choice members or parishioners or
of a candidate in a convention or employees or house helpers, tenants,
similar selection process of a political overseers, farm helpers, tillers, or
party. lease holders to aid, campaign or
vote for or against any candidate or
(2) Any person, association,
any aspirant for the nomination or
corporation, group or community
selection of candidates.
who solicits or receives, directly or
indirectly, any expenditure or (2) Any public officer or any officer of
promise of any office or employment, any commercial, industrial,
public or private, for any of the agricultural, economic or social
foregoing considerations. enterprise or public or private
corporation or association, or any
(b) Conspiracy to bribe voters. - Two
head, superior or administrator of
or more persons, whether candidates
any religious organization, or any
or not, who come to an agreement
employer or landowner who
concerning the commission of any
dismisses or threatens to dismiss,
violation of paragraph (a) of this
punishes or threatens to punish be
section and decide to commit it.
reducing his salary, wage or
(c) Wagering upon result of election. - compensation, or by demotion,
Any person who bets or wagers upon transfer, suspension, separation,
the outcome of, or any contingency excommunication, ejectment, or
connected with an election. Any causing him annoyance in the
money or thing of value or deposit of performance of his job or in his
money or thing of value situated membership, any subordinate
anywhere in the Philippines put as member or affiliate, parishioner,
such bet or wager shall be forfeited employee or house helper, tenant,
to the government. overseer, farm helper, tiller, or lease
holder, for disobeying or not
(d) Coercion of subordinates. -
195
campaign or vote for or against any (1) any head, official or appointing
candidate, or any aspirant for the officer of a government office,
nomination or selection of agency or instrumentality, whether
candidates. national or local, including
government-owned or controlled
(e) Threats, intimidation, terrorism,
corporations, who appoints or hires
use of fraudulent device or other
any new employee, whether
forms of coercion. - Any person who,
provisional, temporary or casual, or
directly or indirectly, threatens,
creates and fills any new position,
intimidates or actually causes, inflicts
except upon prior authority of the
or produces any violence, injury,
Commission. The Commission shall
punishment, damage, loss or
not grant the authority sought unless,
disadvantage upon any person or
it is satisfied that the position to be
persons or that of the immediate
filled is essential to the proper
members of his family, his honor or
functioning of the office or agency
property, or uses any fraudulent
concerned, and that the position shall
device or scheme to compel or
not be filled in a manner that may
induce the registration or refraining
influence the election.
from registration of any voter, or the
participation in a campaign or As an exception to the foregoing
refraining or desistance from any provisions, a new employee may be
campaign, or the casting of any vote appointed in case of urgent need:
or omission to vote, or any promise Provided, however, That notice of the
of such registration, campaign, vote, appointment shall be given to the
or omission therefrom. Commission within three days from
the date of the appointment. Any
(f) Coercion of election officials and
appointment or hiring in violation of
employees. - Any person who,
this provision shall be null and void.
directly or indirectly, threatens,
intimidates, terrorizes or coerces any (2) Any government official who
election official or employee in the promotes, or gives any increase of
performance of his election functions salary or remuneration or privilege to
or duties. any government official or employee,
including those in government-
(g) Appointment of new employees,
owned or controlled corporations.
creation of new position, promotion,
or giving salary increases. - During the (h) Transfer of officers and
period of forty-five days before a employees in the civil service. - Any
regular election and thirty days public official who makes or causes
196
type tanks, half trucks, scout trucks, case prior written approval of the
armored trucks, of any make or Commission shall be obtained. The
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Commission shall decide all which shall at all times remain visible
applications for authority under this and uncovered.
paragraph within fifteen days from
During the election period, whenever
the date of the filing of such
the Commission finds it necessary for
application.
the promotion of free, orderly,
During the same period, and ending honest and peaceful elections in a
thirty days thereafter any member of specific area, it shall confiscate or
the Armed Forces of the Philippines, order the confiscation of firearms of
special, forces, home defense forces, any member or members of the
barangay self-defense units and all Armed Forces of the Philippines,
other para-military units that now police forces, home defense forces,
exist or which may hereafter be barangay self-defense units, and all
organized who wears his uniform or other para-military units that now
bears arms outside the camp, exist, or which may hereafter be
garrison or barracks to which he is organized, or any member or
assigned or detailed or outside their members of the security or police
homes, in case of members of para- organization, government ministries,
military units, unless (1) the President commissions, councils, bureaus,
of the Philippines shall have given offices, instrumentalities, or
previous authority therefor, and the government-owned or controlled
Commission notified thereof in corporations and other subsidiaries,
writing, or (2) the Commission or of any member or members of
authorizes him to do so, which privately owned or operated security,
authority it shall give only when investigative, protective or
necessary to assist it in maintaining intelligence agencies performing
free, orderly and honest elections, identical or similar functions.
and only after notice and hearing. All
(t) Policemen and provincial guards
personnel of the Armed Forces
acting as bodyguards or security
authorized by the President or the
guards. - During the campaign period,
Commission to bear arms or wear
on the day before and on election
their uniforms outside their camps
day, any member of the city or
and all police and peace officers shall
municipal police force, any provincial
bear their true name, rank and serial
or sub-provincial guard, any member
number, if any, stitched in block
of the Armed Forces of the
letters on a white background on the
Philippines, special forces, home
left breast of their uniform, in letters
defense forces, barangay self-defense
and numbers of a clearly legible
units and all other para-military units
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(c) Payment for the usual cost of other ministries of the government
preparation for working drawings, performing functions similar to said
specifications, bills of materials, ministry, except for salaries of
estimates, and other procedures personnel, and for such other routine
preparatory to actual construction and normal expenses, and for such
including the purchase of materials other expenses as the Commission
and equipment, and all incidental may authorize after due notice and
expenses for wages of watchmen and hearing. Should a calamity or disaster
other laborers employed for such occur, all releases normally or usually
work in the central office and field coursed through the said ministries
storehouses before the beginning of and offices of other ministries shall
such period: Provided, That the be turned over to, and administered
number of such laborers shall not be and disbursed by, the Philippine
increased over the number hired National Red Cross, subject to the
when the project or projects were supervision of the Commission on
commenced; and Audit or its representatives, and no
candidate or his or her spouse or
(d) Emergency work necessitated by
member of his family within the
the occurrence of a public calamity,
second civil degree of affinity or
but such work shall be limited to the
consanguinity shall participate,
restoration of the damaged facility.
directly or indirectly, in the
No payment shall be made within five distribution of any relief or other
days before the date of election to goods to the victims of the calamity
laborers who have rendered services or disaster; and
in projects or works except those
(3) The Ministry of Human
falling under subparagraphs (a), (b),
Settlements and any other office in
(c), and (d), of this paragraph.
any other ministry of the government
This prohibition shall not apply to performing functions similar to said
ongoing public works projects ministry, except for salaries of
commenced before the campaign personnel and for such other
period or similar projects under necessary administrative or other
foreign agreements. For purposes of expenses as the Commission may
this provision, it shall be the duty of authorize after due notice and
the government officials or agencies hearing.
concerned to report to the
(w) Prohibition against construction
Commission the list of all such
of public works, delivery of materials
projects being undertaken by them.
for public works and issuance of
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(2) The Ministry of Social Services and treasury warrants and similar devices.
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Development and any other office in - During the period of forty-five days
or entry in any voter's application for the voter was duly notified of his new
registration. polling place.
(8) Any person who delays, hinders or (13) Any person who asks, demands,
obstruct another from registering. takes, accepts or possesses, directly
or indirectly, the voter's affidavit of
(9) Any person who falsely certifies or
another, in order to induce the latter
identifies another as a bona fide
to withhold his vote, or to vote for or
resident of a particular place or
against any candidate in an election
locality for the purpose of securing
or any issue in a plebiscite or
the latter's registration as a voter.
referendum. It shall be presumed
(10) Any person who uses the voter's prima facie that the asking,
affidavit of another for the purpose demanding, taking, accepting, or
of voting, whether or not he actually possessing is with such intent if done
succeeds in voting. within the period beginning ten days
before election day and ending ten
(11) Any person who places, inserts
days after election day, unless the
or otherwise includes, as approved
voter's affidavit of another and the
application for registration in the
latter are both members of the same
book of voters or in the provincial or
family.
national central files of registered
voters, the application of any (14) Any person who delivers, hands
fictitious voter or any application that over, entrusts, gives, directly or
has not been approved; or removes indirectly his voter's affidavit to
from, or otherwise takes out of the another in consideration of money or
book of voters or the provincial or other benefit or promises thereof, or
national central files of registered takes or accepts such voter's affidavit
voters any duly approved voter's directly or indirectly, by giving or
application, except upon lawful order causing the giving of money or other
of the Commission, or of a competent benefit or making or causing the
court or after proper cancellation as making of a promise thereof.
provided in Sections 122, 123, 124
(15) Any person who alters in any
and 125 hereof.
manner, tears, defaces, removes or
(12) Any person who transfers or destroys any certified list of voters.
causes the transfer of the registration
(16) Any person who takes, carries or
record of a voter to the book of
possesses any blank or unused
voters of another polling place,
registration form already issued to a
unless said transfer was due to a
city or municipality outside of said
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when directed by express order of (7) Any person who places under
the court or of the Commission. arrest or detains a voter without
lawful cause, or molests him in such a
(17) Any person who maliciously
manner as to obstruct or prevent him
omits, tampers or transfers to
from going to the polling place to cast
another list the name of a registered
his vote or from returning home after
voter from the official list of voters
casting his vote, or to compel him to
posted outside the polling place.
reveal how he voted.
(z) On voting:
(8) Any member of the board of
(1) Any person who fails to cast his election inspectors charged with the
vote without justifiable excuse. duty of reading the ballot during the
counting of votes who deliberately
(2) Any person who votes more than
omits to read the vote duly written
once in the same election, or who,
on the ballot, or misreads the vote
not being a registered voter, votes in
actually written thereon or reads the
an election.
name of a candidate where no name
(3) Any person who votes in is written on the ballot.
substitution for another whether
(9) Any member of the board of
with or without the latter's
election inspectors charged with the
knowledge and/or consent.
duty of tallying
(4) Any person who, not being
the votes in the tally board or sheet,
illiterate or physically disabled, allows
election returns or other prescribed
his ballot to be prepared by another,
form who deliberately fails to record
or any person who prepares the
a vote therein or records erroneously
ballot of another who is not illiterate
the votes as read, or records a vote
or physically disabled, with or
where no such vote has been read by
without the latter's knowledge
the chairman.
and/or consent.
(10) Any member of a board of
(5) Any person who avails himself of
election inspectors who has made
any means of scheme to discover the
possible the casting of more votes
contents of the ballot of a voter who
than there are registered voters.
is preparing or casting his vote or
who has just voted. (11) Any person who, for the purpose
of disrupting or obstructing the
(6) Any voter who, in the course of
election process or causing confusion
voting, uses a ballot other than the
among the voters, propagates false
205
directives or messages regarding any (16) Any person who reveals the
matter relating to the printing of contents of the ballot of an illiterate
official ballots, the postponement of or disabled voter whom he assisted in
the election, the transfer of polling preparing a ballot.
place or the general conduct of the
(17) Any person who, without
election.
authority, transfers the location of a
(12) Any person who, without legal polling place.
authority, destroys, substitutes or
(18) Any person who, without
takes away from the possession of
authority, prints or causes the
those having legal custody thereof, or
printing of any ballot or election
from the place where they are legally
returns that appears as official ballots
deposited, any election form or
or election returns or who distributes
document or ballot box which
or causes the same to be distributed
contains official ballots or other
for use in the election, whether or
documents used in the election.
not they are actually used.
(13) Any person having legal custody
(19) Any person who, without
of the ballot box containing the
authority, keeps, uses or carries out
official ballots used in the election
or causes to be kept, used or carried
who opens or destroys said box or
out, any official ballot or election
removes or destroys its contents
returns or printed proof thereof,
without or against the order of the
type-form mould, electro-type
Commission or who, through his
printing plates and any other plate,
negligence, enables any person to
numbering machines and other
commit any of the aforementioned
printing paraphernalia being used in
acts, or takes away said ballot box
connection with the printing of
from his custody.
official ballots or election returns.
(14) Any member of the board of
(20) Any official or employee of any
election inspectors who knowingly
printing establishment or of the
uses ballots other than the official
Commission or any member of the
ballots, except in those cases where
committee in charge of the printing
the use of emergency ballots is
of official ballots or election returns
authorized.
who causes official ballots or election
(15) Any public official who neglects returns to be printed in quantities
or fails to properly preserve or exceeding those authorized by the
account for any ballot box, Commission or who distributes,
documents and forms received by delivers, or in any manner disposes of
206
board of election inspectors or board not been cancelled upon order of the
of canvassers, accepts an Commission.
appointment to said body, assumes
(3) Any person who misleads the
office, and actually serves as a
board of election inspectors by
member thereof, or any of public
submitting any false or spurious
officer or any person acting in his
certificate of candidacy or document
behalf who appoints such ineligible
to the prejudice of a candidate.
person knowing him to be ineligible.
(4) Any person who, being authorized
(4) Any person who, in the presence
to receive certificates of candidacy,
or within the hearing of any board of
receives any certificate of candidacy
election inspectors or board of
outside the period for filing the same
canvassers during any of its meetings,
and makes it appear that said
conducts himself in such a disorderly
certificate of candidacy was filed on
manner as to interrupt or disrupt the
time; or any person who, by means of
work or proceedings to the end of
fraud, threat, intimidation, terrorism
preventing said body from
or coercion, causes or compels the
performing its functions, either partly
commission of said act.
or totally.
(5) Any person who, by any device or
(5) Any public official or person acting
means, jams, obstructs or interferes
in his behalf who relieves any
with a radio or television broadcast of
member of any board of election
any lawful political program.
inspectors or board of canvassers or
who changes or causes the change of (6) Any person who solicits votes or
the assignments of any member of undertakes any propaganda, on the
said board of election inspectors or day of election, for or against any
board of canvassers without candidate or any political party within
authority of the Commission. the polling place or within a radius of
thirty meters thereof.
(cc) On candidacy and campaign:
(dd) Other prohibitions:
(1) Any political party which holds
political conventions or meetings to (1) Any person who sells, furnishes,
nominate its official candidates offers, buys, serves or takes
earlier that the period fixed in this intoxicating liquor on the days fixed
Code. by law for the registration of voters in
the polling place, or on the day
(2) Any person who abstracts,
before the election or on election
destroys or cancels any certificate of
day: Provided, That hotels and other
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150, 152, 172, 173, 174, 178, 180, accredited watchers the
182, 184, 185, 186, 189, 190, 191, certificate of votes provided
Page
in Section 16 hereof.
(d) Any person who violates addition to the liability of such party
Section 11 hereof regarding or entity.
prohibited forms of election
propaganda. Section 264. Penalties. - Any person
found guilty of any election offense
(e) Any chairman of the
board of canvassers who under this Code shall be punished
fails to give notice of with imprisonment of not less than
meeting to other members of one year but not more than six years
board, candidate or political and shall not be subject to probation.
party as required under
In addition, the guilty party shall be
Section 23 hereof.
sentenced to suffer disqualification to
(f) Any person declared as hold public office and deprivation of
nuisance candidate as the right of suffrage. If he is a
defined under Section 69 of
foreigner, he shall be sentenced to
Batas Pambansa Blg. 881,
or is otherwise disqualified, deportation which shall be enforced
by final and executory after the prison term has been
judgment, who continue to served. Any political party found
misrepresent himself, or
guilty shall be sentenced to pay a fine
holds himself out, as a
candidate, such as by of not less than ten thousand pesos,
continuing to campaign which shall be imposed upon such
thereafter, and/or other party after criminal action has been
public officer or private instituted in which their
individual, who knowingly
corresponding officials have been
induces or abets such
misrepresentation, by found guilty.
commission or omission,
shall be guilty of an election In case of prisoner or prisoners
offense and subject to the illegally released from any
penalty provided in Section penitentiary or jail during the
264 of the same Code. prohibited period as provided in
Section 263. Persons criminally liable. Section 261, paragraph (n) of this
- The principals, accomplices, and Code, the director of prisons,
accessories, as defined in the Revised provincial warden, keeper of the jail
Penal Code, shall be criminally liable or prison, or persons who are
for election offenses. If the one required by law to keep said prisoner
responsible be a political party or an in their custody shall, if convicted by
entity, its president or head, the a competent court, be sentenced to
officials and employees of the same, suffer the penalty of prision mayor in
performing duties connected with the its maximum period if the prisoner or
prisoners so illegally released commit
211
executory.
arrest issued by a competent judge
after all the requirements of the
Page
while the lawmaking power of the seventy days before the date of the
President is in force. He shall be presidential election of 1987.
deemed automatically on leave and
Appointments extended by the
the Speaker Pro-Tempore shall act as
Acting President shall remain
Speaker. While acting as President,
effective, unless revoked by the
the Speaker may not be removed. He
newly elected President within ninety
shall not be eligible for election in the
days from his assumption of office.
immediately succeeding election for
President and Vice-President. Section 278. Special election to fill
existing vacancies in the Batasang
The Batasang Pambansa shall, at ten
Pambansa. - The election of
o'clock in the morning of the third
Members to fill existing vacancies in
day after the vacancy occurs,
the Batasang Pambansa shall be held
convene in accordance with its rules
simultaneously with the next local
without need of a call and within
election in 1986 or in the next special
seven days enact a law calling for a
national election for President and
special election to elect a President
Vice-President if one is held earlier.
and a Vice-president to be held not
earlier than forty-five days nor later Section 279. Elective officials in
than sixty days from the time of such existing sub-provinces. - The election
call. The bill calling such special of elective public officials in existing
election shall be deemed certified sub-provinces shall likewise be held
under paragraph (2), Section 19, simultaneously with the next local
Article VIII of the Constitution and elections of 1986 and 1990 in
shall become law upon its approval accordance with their respective
on third reading by the Batasang charters, subject to the same term,
Pambansa. Appropriations for the qualifications, manner of election and
special election shall be charged resolution of election controversies
against any current appropriations as are herein provided for
and shall be exempt from the comparable provincial elective
requirements of paragraph (4), officials.
Section 16 of Article VIII of the
ARTICLE XXV
Constitution. As provided in the third
FINAL PROVISIONS
paragraph, Section 9 of Article VII
thereof, the convening of the Section 280. Reorganization of the
Batasang Pambansa cannot be Commission on Elections. - In order to
suspended nor the special election promote maximum efficiency in
postponed. No special election shall carrying out its constitutional duty to
221
be called if the vacancy occurs within insure free, orderly and honest
elections and in discharging its
Page
judicial powers and functions under repealed. All other election laws,
the Constitution, the Commission is decrees, executive orders, rules and
hereby authorized to reorganize its regulations, or parts thereof,
office within twelve months after the inconsistent with the provisions of
first election to be held under this this Code are hereby repealed,
Code. It may create, merge, or except Presidential Decree No. 1618
abolish departments, offices, and Batas Pambansa Blg. 20
divisions or units, redistribute governing the election of the
functions and reassign personnel, members of the Sangguniang
change designations of existing Pampook of Regions IX and XII.
positions subject to pertinent existing
Section 283. Effectivity. - This Code
laws and regulations. It may
shall take effect upon its approval.
recommend the levels and rates of
salaries of its subordinate officials Approved, December 3, 1985.
and employees subject to the laws
and regulations on civil service and
compensation, position classification
and standardization of salaries:
Provided, That no permanent official
or employee already in the service of
the Commission, upon approval of
this Code, shall be laid off, or
demoted in rank or salary.
effectivity of this Act, the AES shall be the vote recording and counting
Page
(e) Provision for voter verified paper system capabilities are met. This
audit trail; evaluation system shall be developed
with the assistance of an advisory
(f) System auditability which provides
council."
supporting documentation for
verifying the correctness of reported SEC.8. A new Section 7 is hereby
election results; provided to read as follows:
"(a) The Chairman of the Commission fourth civil degree, shall not be
on information and Communications eligible for appointment or
Technology (CICT) who shall act as designation to the Advisory Council.
the chairman of the council; Should any such situation arise at any
time during the incumbency of a
"(b) One member from the
member, the designation or
Department of Science and
appointment of that member,
Technology;
shall ipso facto be terminated.
"(c) One member from the
"Any member of the advisory council
Department of Education;
is prohibited from engaging, directly
"(d) One member representing the or indirectly, with any entity that
academe, to be selected by the chair advocates, markets, imports,
of the Advisory Council from among produces or in any manner handles
the list of nominees submitted by the software, hardware or any
country's academic institutions; equipment that may be used for
election purposes for personal gain".
"(e) Three members representing ICT
professional organizations to be "Any violation of the two immediate
selected by the chair of the Advisory preceding paragraphs shall disqualify
Council from among the list of said member from the Advisory
nominees submitted by Philippines- Council and shall be punishable as
based ICT professional organization. provided in this Act and shall be
Nominees shall be individuals, at penalized in accordance with the
least one of whom shall be Anti-Graft and Corrupt Practices Act
experience in managing or and other related laws.
implementing large-scale IT projects.
"The council may avail itself of the
"(f) Two members representing expertise and services of resource
nongovernmental electoral reform person who are known
organizations, to be selected by the independence, competence and
chair of the Advisory Council from probity, are nonpartisan, and do not
among the list of nominees posses any of the disqualifications
submitted by the country's applicable to a member of the
nongovernmental electoral reform Advisory Council as provided herein.
organizations. The resource persons shall also be
subject to the same prohibitions and
"A person who is affiliated with any
penalties as the members of the
political party or candidate for any
Advisory Council.
national position, or is related to a
227
SEC. 17. Section 16 of Republic Act SEC. 18. Section 17 of Republic Act
No. 8436 is hereby amended to read No. 8436 is hereby amended to read
as follows: as follows:
voters in each of said precincts. The "SEC. 22. Electronic Returns. - Each
election officer shall also furnish a copy of the of the printed election
Page
returns shall bear appropriate control 2) The second copy, to the congress,
marks to determine the time and directed to the President of the
place of printing. Each copy shall be Senate;
signed and thumbmarked by all the
3) The third copy, to the commission;
members of the board of election
inspectors and the watchers present. 4) The fourth copy, to the citizen's
If any member of the board of arm authorized by the Commission to
election inspectors present refuses to conduct an unofficial count
sign, the chairman of the board shall
5) The fifth copy, to the dominant
note the same copy in each copy of
majority party as determined by the
the printed election returns. The
Commission in accordance with law;
member of the board of election
inspectors concerned refusing to sign 6) The six copy, to the dominant
shall be compelled to explain his or minority party as determined by the
her refusal to do so. Failure to explain Commission in accordance with law;
an unjustifiable refusal to sign each and
copy of the printed election return by
7) The seventh copy shall be
any member of the board of election
deposited inside the compartment of
inspectors shall be punishable as
the ballot box for valid ballots.
provided in this Act. The chairman of
the boards shall then publicly read 8) The eight copy to the Provincial
and announce the total numbers of Board of canvassers;
registered voters, the total number of
9) The ninth to the eighteenth copies,
voters who actually voted and the
shall be given to the ten (10)
total numbers of votes obtained by
accredited major national parties,
each candidate based on the election
excluding the dominant majority and
returns.
minority parties, in accordance with a
"Thereafter, the copies of the voluntary agreement among them. If
election returns shall be sealed and no such agreement is reached, the
placed in the proper envelopes for Commission shall decide which
distribution as follows: parties shall receive the copies on the
basis of the criteria provided in
"A. In the election of president, vice-
Section 26 of Republic Act No. 7166;
president, senators and party-list
system; 10) The nineteenth and twentieth
copies, to the two accredited major
1) The first copy shall be delivered to
local parties in accordance with a
the city or municipal board of
234
parties shall receive the copies on the 3) The third copy, to the provincial
basis of criteria analogous to that board of canvassers;
provided in Section 26 of Republic Act
4) The fourth copy, to the citizens'
No. 7166;
arm authorized by the Commission to
11) The twenty-first to the twenty- conduct an unofficial count;
fourth copies, to national broadcast
5) The fifth copy, to the dominant
or print media entities as may be
majority party as determined by the
equitably determined by the
Commission in accordance with law;
Commission in view of propagating
the copies to the widest extent 6) The sixth copy, to the dominant
possible; minority party as determined by the
Commission in accordance with law;
12) The twenty-fifth and twenty-six
and
copies, to local broadcast or print
media entities as may be equitably 7) The seventh copy shall be
determined by the Commission in deposited inside the copy shall
view of propagating the copies to the deposited inside the compartment of
widest extent possible; and the ballot box for valid ballots.
1) The First copy shall be delivered to 10) The nineteenth and twentieth
the city or municipal board of copies shall be given to the two
canvassers; accredited major local parties in
235
Commission;
comprising one or more legislative canvass the votes for president, vice-
Page
districts shall canvass the votes for president, senators, members of the
preserve the integrity of the "(2) The second copy shall be sent to
certificates of canvass transmitted the Commission;
electronically and the results in the
"(3) The third copy shall be kept by
storage devices at the various levels
the chairman of the board; and
of the boards of canvassers.
"(4) The fourth copy shall be given to
"The certificates of canvass
the citizen arm designated by the
transmitted electronically and
Commission to conduct an unofficial
digitally signed shall be considered as
count. It shall be the duty of the
official election results and shall be
citizens' arm to furnish independent
used as the basis for the
candidates' copies of the certificate
proclamation of a winning
of canvass at the expense of the
candidate."
requesting party.
SEC. 21. Section 22 of Republic Act
"(5) The fifth copy to Congress,
No. 8436 is hereby amended to read
directed to the President of Senate;
as follows:
"(6) The sixth copy to be posted on a
"SEC. 26. Number of Copies of
wall within the premises of the
Certificates of Canvass of Votes and
canvassing center;
their distribution. - (a) The certificate
of canvass of votes for president, "(7) The seventh and eighth copies
vice-president, senators, members of shall be given to the dominant
the House of Representatives, majority and minority parties;
parties, organization or coalitions
"(8) The ninth to eighteenth copies
participating under the party-list
shall be given to the ten (10)
system and elective provincial
accredited major national parties,
officials shall be produced by the city
excluding the dominant majority and
or municipal board of canvassers and
minority parties, in accordance with a
distributed as follows:
voluntary agreement among them. If
"(1) The first copy shall be delivered no such agreement is reached, the
to the provincial board of canvassers Commission shall decide which
for use in the canvass of election parties shall receive the copies on the
results for president, vice-president, basis of the criteria provided in
senators, members of the House of Section 26 of Republic Act no. 7166;
Representatives, parties, organization
"(9) The nineteenth and twentieth
or coalitions participating under the
copies shall be given to the two
party-list system and elective
accredited major local parties in
provincial officials;
239
canvassing center;
"(7) The seventh and eight copies to board and the principal watchers, if
the dominant majority and minority available. Thereafter, it shall be
parties; sealed and placed inside an envelope
which shall likewise be properly
"(8) The ninth and tenth copies to
sealed.
two accredited major national parties
representing the majority and "In all instances, where the board of
minority, excluding the dominant Canvassers has the duty to furnish
majority and minority parties, to be registered political parties with
determined by the Commission on copies of the certificate of canvass,
the basis of the criteria provided in the pertinent election returns shall be
Section 26 of Republic Act No. 7166; attached thereto, where
appropriate."
"(9) The eleventh to thirteenth copies
to broadcast media entities as may "Immediately after the six copy and
be equitably determined by the its supporting statement of votes are
Commission in view of propagating printed, the chairman of the board of
the copies to the widest extent canvassers shall announce the
possible; and posting of said prints on a wall within
the premises of the canvassing
"(10) The fourteenth copy to another
center, which must be sufficiently
citizens' arm or in the absence
lighted and accessible to the public.
thereof, to a non-partisan group or
Any person may view or capture an
organization enlisted by the
image of the Certificate of Canvass or
Commission pursuant to Section
the supporting statement of votes by
52(k) of Batas Pambansa Blg. 881.
means of any data capturing device
Such citizens' arm or non-partisan
such as, but not limited to, cameras
group or organization may use the
at any time of the day for forty-eight
copy of election return for the
(48) hours following the posting.
conduct of citizens' quick counts at
After such period, the chairman of
the local or national levels.
the board of canvassers shall detach
"The board of canvassers shall furnish the election return from the wall and
all other registered parties copies of keep the same in his custody to be
the certificate of canvass at the produced as may be requested by
expense of the requesting party. any voter for image or data capturing
or for any lawful purpose as may be
"(c) The certificates of canvass
ordered by competent authority."
printed by the provincial, district, city
or municipal boards of canvassers SEC. 22. Section 23 of Republic Act
241
shall be signed and thumb marked by No. 8436 is hereby amended to read
the chairman and members of the as follows:
Page
from the minority, to monitor and the 2007 elections, whether in the
evaluate the implementation of this same or others areas;
Act. A written report to the Senate
"b. An increase or enlargement of
and the House of Representatives
areas for implementation of the AES
shall be submitted by the Advisory
or an AES technology and not a full
Council within six months from the
implementation; or
date of election. The oversight
committee shall conduct a "c. A full implementation of the AES.
mandatory review of this Act every
4. As to the kind of AES technology,
twelve (12) months from the date of
provide for proposals as to whether:
the last regular national or local
elections." a) A particular AES technology should
no longer be utilized for being
"The oversight committee shall
obsolete, inapplicable, inaccurate or
conduct a comprehensive assessment
with a defect which cannot be
and evaluation of the performance of
remedied;
the different AES technologies
implemented and shall make b) An enhancement or improvement
appropriate recommendations to is needed to an AES technology which
Congress, in session assembled, was used in the 2007 election to
specifically including the following: make it more functional, appropriate
and accurate;
1. An assessment and comparison of
each of the AES technologies utilized, c) A particular AES technology is
including their strengths, weakness, already appropriate and should be
applicability or inapplicability in utilized fully for subsequent election;
specific areas and situations; or
"a. Further test application of the AES whether or not said acts affect the
or a particular AES technology used in electoral process or results:
Page
this Act.
"(a) Any Person who removes the SEC. 27. Number of Copies of Election
election return posted on the wall, Returns and their Distribution. - The
Page
"(1) The first copy shall be delivered "(3) The third copy, to the
to the city or municipal board of Commission;
canvassers;
"(4) The fourth copy, to the provincial
"(2) The second copy to be posted on board of canvassers;
a wall within the premises of the
"(5) The fifth copy, to the dominant
polling place;
majority party as determined by the
"(3) The third copy, to the congress, Commission in accordance with law;
directed to the President of the
"(6) The sixth copy, to the dominant
Senate;
minority party as determined by the
"(4) The fourth copy. to the Commission in accordance with law;
Commission;
"(7) The seventh copy, to a citizens'
"(5) The fifth copy, to the dominant authorized by the Commission to
majority party as determined by the conduct an unofficial count: Provided,
Commission in accordance with law; however, That the accreditation of
the citizens' arm shall be subject to
"(6) The sixth copy, to the dominant
the provisions of Section 52(k) of
minority party as determined by the
Batas Pambansa Bldg. 881; and
Commission in accordance with law;
249
"(f) The next copy to be placed inside SEC. 34. Sec. 26 of Republic Act No.
the compartment of the ballot box 7166 is hereby amended to read as
for valid ballots; and follows:
"(g) The last copy to the provincial "SEC. 26. Official Watchers. - Every
board of canvassers." registered political party or coalition
of political parties, and every
"The certified print copies may be
candidate shall each be entitled to
claimed at the polling place. Any
one watcher in every polling place
unclaimed copy shall be brought by
and canvassing center: Provided That,
the chairman of the board of election
candidates for the Sangguniang
inspectors to the canvassing center
Panlalawigan, Sangguniang
where the recipients or
Panlunsod, or Sangguniang Bayan
representatives may claim them.
belonging to the same slate or ticket
Copies still unclaimed at the
shall collectively be entitled to only
canvassing center shall be placed in
one watcher.
the custody of the chairman of the
board election inspectors, who shall "The dominant majority party and
produce them when requested by the dominant minority party, which the
recipient or when ordered by a Commission shall determine in
competent authority. accordance with law, shall each be
entitled to one official watcher who
"Any provision of law to the contrary
shall be paid a fixed per diem of four
notwithstanding, any of the
hundred pesos (400,00).
recipients of the print or digital
copies of the election return may "There shall also recognized six
conduct an unofficial consolidation of principal watchers, representing the
votes and may announce the result to six accredited major political parties
the public. excluding the dominant majority and
minority parties, who shall be
"The Commission shall post its digital
designated by the Commission upon
files in its website for the public to
nomination of the said parties. These
view or download at any time of the
political parties shall be determined
day. The Commission shall maintain
by the Commission upon notice and
the files at least three years from the
hearing on the basis of the following
date of posting.
circumstances:
251
announce the results of the election copies. The board of canvassers shall
"The Chairman of the board shall "(c) Any person who simulates the
transmit the digital files of the certification of a certificate of canvass
certificate of canvass and its or statement of votes;
supporting statement of votes using a
"(d) The chairman or any member of
secured transmission device with
the board of canvassers who, during
authentication features to the
the prescribed period of posting,
secured tabulation system of the
remove the certificate of canvass or
Commission and to the systems of
its supporting statement of votes
the other designated recipients as
from the wall on which they have
herein provided.
been posted other than for the
"Any provision of law to the contrary purpose of immediately transferring
notwithstanding, any of the them to a more suitable place;
recipients of the print or digital
"(e) The chairman of any member of
copies of the certificate of canvass
the board of canvassers who sign or
and the supporting statements of
authenticates a print of the
votes may conduct an unofficial
certificate of canvass or its
consolidation of votes and may
supporting statement of votes
257
"(5) the fifth copy shall be given the canvass of the election results for
citizens' arm designated by the Senators;
Page
"(3) The third copy shall be posted on "Except for those copies that are
a wall within the premises of the required to be delivered, copies of
canvassing center; certificates of canvass may be
claimed at the canvassing center. Any
"(4) The fourth copy shall be kept by
unclaimed copy shall be deemed
the Chairman of the Board; and
placed in the custody of the chairman
"(5) The fifth copy shall be given to of the board of canvassers, who shall
the citizens' s arm designated by the produce them requested by the
Commission to conduct a media - recipient or when ordered by a
based unofficial count, and the sixth competent authority.
and seventh copies shall be given to
"The thirty (30) certified print copies
the representatives of two of the six
of the certificate canvass for national
major political parties. If no such
positions shall be distributed as
agreement is reached, the
follows:
commission shall decide which
parties shall receive the copies of the "(a) The first fourteen (14) copies
certificate of canvass on the basis of shall be given to the fourteen (14)
the criteria provided in Section 26 accredited major national parties in
hereof. The parties receiving the accordance with a voluntary
certificates shall have the obligation agreement among them. If no such
to furnish the other parties with agreement is reached, the
authentic copies thereof with the commission shall decide which
least possible delay. parties shall receive the copies on the
basis of the criteria provided in
"The of the certificate of canvass
Section 26 hereof;
posted on the wall shall be open for
public viewing at any time of the day "(b) The next three copies shall be
for forty -eight (48) hours following given to the three accredited major
its posting. Any person may view or local parties in accordance with a
capture an image of the certificate of voluntary agreement among them. If
canvass .After the prescribed period no such agreement is reached, the
for posting, the chairman of the Commission shall decide which
board of canvassers shall collect the parties shall receive the copies in the
posted certificate of canvass and basis of criteria analogous to the
keep the same in his custody to be provided in Section 26 hereof;
produced for image or data capturing
"(c) The next five copies shall be
as may be requested by any voter or
given to national broadcast or print
for any lawful purpose as may be
media entities as may be equitably
259
"(d) The next two copies shall be SEC. 41 The first paragraph of Sec. 52
given to local broadcast or print of Batas Pambansa Blg. 881 is hereby
media entitles as may be equitably amended to read as follows:
determined by the Commission in
"Sec. 52. Powers and Functions of the
view propagating the copies to the
Commission on Elections, - In addition
widest extent possible;
to the powers and functions
"(e) The next four copies to the major conferred upon it buy the
citizen's arms, including accredited constitution the commission shall
citizen' arm, and other non -partisan have exclusive charge of the
groups or organizations enlisted by enforcement and administration of
the commission pursuant to section all laws relative to conduct of
52(K) of Batas Pambansa Blg. 881; elections for the purpose of ensuring
and free, orderly and honest elections,
except as otherwise provided herein
(f) The last two copies to be kept in
and shall."
file by the chairman of the board of
canvassers to be subsequently SEC. 42. Section27 (b) of Republic Act
distributed as the national board of No. 6646 is hereby amended to read
canvassers may direct. as follows :
"The certified print copies may be "Sec. 27. Election Offenses; Electoral
claimed at the canvassing center. Any Sabotage. - In additional to the
unclaimed copy shall be deemed prohibited acts and election offenses
place in the custody of the chairman enumerated in Section 261 and 262
of the board of canvassers, who shall of Batas Pambansa Blg. 881,as
produce them when requested by the amended, the following shall be
recipient or when ordered by a guilty of an election offense or a
competent authority. special election offense to be known
as eletoral sabotage:
"The commission shall post its digital
files in its website for the public to "(a) x x x
view or download at any time of the
"(b) Any person or member of the
day. The commission shall maintain
board of election inspectors or board
the files for at least three years from
of canvassers who tampers, increases
the date of posting.
or decreases the votes received by a
"Any violation of this section, or its candidates in any election or any
260
,to credit the correct votes or deduct correct votes or to deduct tampered
such tampered votes: Provided, votes perpetrated , is a accomplished
however, That when the tampering, in a single election document or in
increase or decrease of votes or the the transposition of the figure /
refusal to credit the correct votes and results from one election document
/or to deduct tampered to deduct to another and involved in the said
tampered votes are perpetrated on tampering increase and/or decrease
large scale or in substantial numbers, or refusal to credit correct votes or
the same shall be considered not as deduct tampered votes exceed five
an ordinary election offense under thousand (5,000) votes, and that the
Section 261 of the omnibus election same adversely affects the true
code. But a special election offense to results of the election ;
be known as electoral sabotage and
"(3) Any and all other forms or
the penalty to be imposed shall be
tampering increase/s and/ or
life imprisonment.
decrease/s of votes perpetuated or in
"The act or offense committed shall cases of refusal to credit the correct
fall under the category of electoral votes or deduct the tampered votes,
sabotage in any of the following where the total votes involved
instances; exceed ten thousand (10,000) votes;
"(1) When the tampering, increase "Provided finally; That any and all
and / or decrease of votes either persons or individuals
perpetrated or the refusal to credit determined to be conspiracy or in
the correct votes or to deduct connivance with the members of the
tampered votes, is/are committed in BEIs or BOCs involved, shall be meted
the election of a national elective the same penalty of life
office which is voted upon imprisonment."
nationwide and the tampering,
SEC. 43. Section 265 of Batas
increase and/ or decrease votes
Pambansa Blg. 881 is hereby
refusal to credit the correct votes or
amended to read as follow:
to deduct tampered votes, shall
adversely affect the results of the "SEC. 265. Prosecution. - The
election to the said national office to Commission shall, through its duly
the extent that losing candidate/s is authorized legal officers, have the
/are made to appear the winner/s; power, concurrent with the other
prosecuting arms of the government,
"(2) Regardless of the elective office
to conduct preliminary investigation
involved, when the tampering,
of all election offenses punishable
261
same"
263
Page