Omnibus Election Code With Amendments

OMNIBUS ELECTION CODE – BP 881
OMNIBUS
ELECTION CODE
of the
PHILIPPINES
BP 881
with amendments
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NOTRE DAME UNIVERSITY HANNIEF A AMPATUAN 2018

the campaign period shall be forty-

ARTICLE I five days.
GENERAL PROVISIONS SECTION 3 HAS BEEN AMENDED BY
Section 1. Title. - This Act shall be SEC. 5, RA NO. 7166 which provides -
known and cited as the "Omnibus
Section 5. Election and Campaign
Election Code of the Philippines." Period. - Unless otherwise fixed by
the Commission, the election
Section 2. Applicability. - This Code
period for the May 11, 1992
shall govern all election of public regular elections shall commence
officers and, to the extent ninety (90) days before the day of
appropriate, all referenda and the election and shall end thirty
plebiscites. (30) days thereafter.
Section 3. Election and campaign The campaign periods are hereby

fixed as follows:
periods. - Unless otherwise fixed in
special cases by the Commission on (a) For President, Vice-
Elections, which hereinafter shall be President and Senators,
referred to as the Commission, the ninety (90) days before the
day of the election; and
election period shall commence
ninety days before the day of the (b) For Members of the
election and shall end thirty days House of Representatives
thereafter. and elective provincial, city
and municipal officials, forty-
The period of campaign shall be as five (45) days before the day
of the election.
follows:
1. Presidential and Vice-Presidential However, in the preparation of the

election calendar, the Commission
Election - 90 days; may exclude the day before the
day of the election itself, Maundy
2. Election of Members of the
Thursday and Good Friday.
Batasang Pambansa and Local
Election - 45 days; and Any election campaign or partisan
political activity for or against any
3. Barangay Election - 15 days. candidate outside of the campaign
period herein provided is
The campaign periods shall not prohibited and shall be considered
include the day before and the day of as an election offense punishable
the election. under Section 263 and 264 of the
Omnibus Election Code.
However, in case of special elections
under Article VIII, Section 5, Section 4 Obligation to register and
Subsection (2) of the Constitution, vote. - It shall be the obligation of
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every citizen qualified to vote to cause for such postponement or

register and cast his vote. suspension of the election or failure
to elect.
SECTION 4 HAS BEEN AMENDED BY
ARTICLE V 1987 CONSTITUTION Section 6 Failure of election. - If, on
WHICH DISREGARDED VOTING AS account of force majeure, violence,
OBLIGATORY. terrorism, fraud, or other analogous
causes the election in any polling
Section 1. Suffrage may be place has not been held on the date
exercised by all citizens of the
Philippines, not otherwise fixed, or had been suspended before
disqualified by law, who are at the hour fixed by law for the closing
least eighteen years of age, and of the voting, or after the voting and
who shall have resided in the during the preparation and the
Philippines for at least one year
transmission of the election returns
and in the place wherein they
propose to vote, for at least six or in the custody or canvass thereof,
months immediately preceding the such election results in a failure to
election. No literacy, property, or elect, and in any of such cases the
other substantive requirement failure or suspension of election
shall be imposed on the exercise
of suffrage. would affect the result of the
election, the Commission shall, on
Section 5 Postponement of election. - the basis of a verified petition by any
When for any serious cause such as interested party and after due notice
violence, terrorism, loss or and hearing, call for the holding or
destruction of election paraphernalia continuation of the election not held,
or records, force majeure, and other suspended or which resulted in a
analogous causes of such a nature failure to elect on a date reasonably
that the holding of a free, orderly and close to the date of the election not
honest election should become held, suspended or which resulted in
impossible in any political a failure to elect but not later than
subdivision, the Commission, motu thirty days after the cessation of the
proprio or upon a verified petition by cause of such postponement or
any interested party, and after due suspension of the election or failure
notice and hearing, whereby all to elect.
interested parties are afforded equal
Section 7 Call of special election. -
opportunity to be heard, shall
postpone the election therein to a (1) In case a vacancy arises in the
date which should be reasonably Batasang Pambansa eighteen months
close to the date of the election not or more before a regular election, the
held, suspended or which resulted in Commission shall call a special
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a failure to elect but not later than election to be held within sixty days
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thirty days after the cessation of the

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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term, the Commission shall call analogous causes the election in

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any precinct has not been held on period is deemed necessary by

the date fixed, or had been the circumstances, within two (2)
suspended before the hour fixed days from receipt of the notice of
by law for the closing of the voting, hearing, any interested party may
or after the voting and during the file an opposition with the Law
preparation and the transmission Department of the Commission.
of the election returns or in the
custody of canvass thereof, such Section 6. Summary Proceeding.
election results in a failure to elect, - The hearing of the case shall be
and in any of such cases the summary in nature.
failure or suspension of election
would affect the result of the Section 7. Delegation of
election, the Commission shall, on Reception of Evidence. - The
the basis of a verified petition by Commission may designate any of
any interested party and after due its officials who are members of
notice and hearing, call for the the Philippine Bar to hear the case
holding or continuation of the and to receive evidence.
election not held, suspended or
which resulted in a failure to elect Section 8. Determination of
on a date reasonably close to the Cessation of Cause. - The
date of the election not held, determination of the cessation of
suspended or which resulted in a the cause of the postponement or
failure to elect but not later than suspension of election or failure of
thirty (30) days after the cessation election falls within the exclusive
of the cause of such prerogative of the Commission.
postponement or suspension of
Section 8 Election Code to be
the election or failure to elect.
available in polling places. - A printed
Section 3. Motu Proprio copy of this Code in English or in the
Postponement. - When the national language shall be provided
Commission acts motu proprio,
and be made available by the
notices of hearing must be sent to
all interested parties by the fastest Commission in every polling place, in
means available. order that it may be readily consulted
by any person in need thereof on the
Section 4. When Based Upon a
registration, revision and election
Verified Petition. - Unless a
shorter period is deemed days.
necessary by circumstances,
within twenty-four (24) hours from Section 9 Official mail and telegram
the filing of the petition, the Clerk relative to elections. - Papers
of Court concerned shall forthwith connected with the election and
serve notices to all interested required by this Code to be sent by
parties, indicating therein the date
public officers in the performance of
of hearing, through the fastest
means available. their election duties shall be free of
postage and sent by registered
Section 5. Time to File
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special delivery mail. Telegrams of

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Opposition. - Unless a shorter

the same nature shall likewise be

transmitted free of charge by immediately be released to the

government telecommunications and Commission. In case of deficiency,
similar facilities. the amount so provided shall be
augmented from the special activities
It shall be the duty of the Postmaster
funds in the general appropriations
General, the Director of the Bureau
act and from those specifically
of Telecommunications, and the
appropriated for the purpose in
managers of private
special laws.
telecommunication companies to
transmit immediately and in Section 11 Failure to assume office. -
preference to all other The office of any official elected who
communications or telegrams fails or refuses to take his oath of
messages reporting election results office within six months from his
and such other messages or proclamation shall be considered
communications which the vacant, unless said failure is for a
Commission may require or may be cause or causes beyond his control.
necessary to ensure free, honest and
Section 12 Disqualifications. - Any
orderly elections.
person who has been declared by
Section 10 Election expenses. - Except competent authority insane or
in barangay elections, such expenses incompetent, or has been sentenced
as may be necessary and reasonable by final judgment for subversion,
in connection with the elections, insurrection, rebellion or for any
referenda, plebiscites and other offense for which he has been
similar exercises shall be paid by the sentenced to a penalty of more than
Commission. The Commission may eighteen months or for a crime
direct that in the provinces, cities, or involving moral turpitude, shall be
municipalities, the election expenses disqualified to be a candidate and to
chargeable to the Commission be hold any office, unless he has been
advanced by the province, city or given plenary pardon or granted
municipality concerned subject to amnesty.
reimbursement by the Commission
This disqualifications to be a
upon presentation of the proper bill.
candidate herein provided shall be
Funds needed by the Commission to deemed removed upon the
defray the expenses for the holding declaration by competent authority
of regular and special elections, that said insanity or incompetence
referenda and plebiscites shall be had been removed or after the
provided in the regular expiration of a period of five years
appropriations of the Commission from his service of sentence, unless
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which, upon request, shall

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within the same period he again ALSO RULE 25 OF COMELEC

becomes disqualified. RULES OF PROCEDURE,
provides -
SECTION 12 HAS BEEN
Rule 25 - Disqualification of
SUPPLEMENTED BY SECTION 40 OF
Candidates
RA 7160, which provides –
Section 1. Grounds for
Section 40. Disqualifications. - Disqualification. - Any candidate
The following persons are who does not possess all the
disqualified from running for any qualifications of a candidate as
elective local position: provided for by the Constitution or
by existing law or who commits
(a) Those sentenced by final any act declared by law to be
judgment for an offense grounds for disqualification may
involving moral turpitude or be disqualified from continuing as
for an offense punishable by a candidate.
one (1) year or more of
imprisonment, within two (2) Section 2. Who May File Petition
years after serving sentence; for Disqualification. - Any citizen of
voting age, or duly registered
(b) Those removed from political party, organization or
office as a result of an coalition of political parties may file
administrative case; with the Law Department of the
Commission a petition to disqualify
(c) Those convicted by final a candidate on grounds provided
judgment for violating the by law.
oath of allegiance to the
Republic; Section 3. Period to File Petition. -
The petition shall be filed any day
(d) Those with dual after the last day for filing of
citizenship; certificates of candidacy but not
later than the date of
(e) Fugitives from justice in
proclamation.
criminal or non-political
cases here or abroad; Section 4. Summary
Proceeding. - The petition shall be
(f) Permanent residents in a
heard summarily after due notice.
foreign country or those who
have acquired the right to Section 5. Effect of Petition if
reside abroad and continue Unresolved Before Completion of
to avail of the same right Canvass. - If the petition, for
after the effectivity of this reasons beyond the control of the
Code; and Commission, cannot be decided
before the completion of the
(g) The insane or feeble-
canvass, the votes cast for the
minded.
respondent may be included in the
counting and in the canvassing;
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however, if the evidence of guilt is

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strong, his proclamation shall be No Vice-President shall serve for

suspended notwithstanding the more than two successive terms.
fact that he received the winning Voluntary renunciation of the office
number of votes in such election. for any length of time shall not be
considered as an interruption in
ARTICLE II the continuity of the service for the
ELECTION OF PRESIDENT AND VICE- full term for which he was elected.
PRESIDENT
Unless otherwise provided by law,
Section 13. Regular election for the regular election for President
and Vice-President shall be held
President and Vice-President. - The
on the second Monday of May.
regular election for President and
Vice-President of the Philippines shall The returns of every election for
be held on the first Monday of May President and Vice-President, duly
certified by the board of
Nineteen hundred eighty seven
canvassers of each province or
(1987) and on the same day every six city, shall be transmitted to the
years thereafter. The President-elect Congress, directed to the
and the Vice-President-elect shall President of the Senate. Upon
assume office at twelve o'clock noon receipt of the certificates of
canvass, the President of the
on the thirtieth day of June next Senate shall, not later than thirty
following the election and shall end days after the day of the election,
at noon of the same date, six years open all the certificates in the
thereafter when the term of his presence of the Senate and the
House of Representatives in joint
successor shall begin.
public session, and the Congress,
SECTION 13 HAS BEEN AMENDED BY upon determination of the
authenticity and due execution
SECTION 4, ARTICLE VII 1987 thereof in the manner provided by
CONSTITUTION, which provides – law, canvass the votes.
Section 4. The President and the Section 14 Special election for

Vice-President shall be elected by President and Vice-President. - In case
direct vote of the people for a term
a vacancy occurs for the Office of the
of six years which shall begin at
noon on the thirtieth day of June President and Vice-President, the
next following the day of the Batasang Pambansa shall, at ten
election and shall end at noon of o'clock in the morning of the third
the same date, six years day after the vacancy occurs,
thereafter. The President shall not
convene in accordance with its rules
be eligible for any re-election. No
person who has succeeded as without need of a call and within
President and has served as such seven days enact a law calling for a
for more than four years shall be special election to elect a President
qualified for election to the same
and a Vice-President to be held not
office at any time.
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earlier than forty-five days nor later

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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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third reading by the Congress. interested parties. Upon the

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.
The provincial, city and district SECTION 15 HAS BEEN AMENDED BY

boards of canvassers shall prepare SECTION 28 RA 7166, which provides
the certificate of canvass for the
election of President and Vice- Section 28. Canvassing by
Provincial City, District and
President, supported by a statement Municipal Board of Canvassers. -
of votes by polling place, in
quintuplicate by the use of carbon (a) The city or municipal
papers or such other means as the board of canvassers shall
canvass the election returns
Commission shall prescribe to the of President, Vice-President,
end that all five copies shall be legibly Senator and Members of the
produced in one handwriting. The House of Representatives
five copies of the certificate of and for elective provincial
and city or municipal
canvass must bear the signatures and
officials. Upon completion of
thumbmarks of all the members of the canvass, it shall prepare
the board. Upon the completion of the certificate of canvass for
these certificates and statements, President, Vice-President,
they shall be enclosed in envelopes Senators and Members of
the House of
furnished by the Commission and Representatives and elective
sealed, and immediately distributed provincial officials and
as follows: the original copy shall be thereafter, proclaim the
enclosed and sealed in the envelope elected city or municipal
officials, as the case may be.
directed to the Speaker and delivered
to him at the Batasang Pambansa by (b) The city board of
the fastest possible means; the canvassers of cities
second copy shall likewise be comprising one or more
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legislative districts shall

enclosed and sealed in the envelope
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canvass the election returns

for President, Vice- officials. Upon

President, Senators, completion of the
Members of the House of canvass, each shall
Representatives and elective prepare the certificate
city officials. Upon of canvass for
completion of the canvass, President, Vice-
the board shall prepare the President, Senators
certificate of canvass for and Members of the
President, Vice-President, House of
and Senators and thereafter, Representatives and
proclaim the elected thereafter, proclaim the
Members of the House of elected municipal
Representatives and city officials.
officials.
(3) The district board
(c) (1) In the Metro Manila of canvassers of each
Area each municipality legislative district
comprising a legislative comprising two (2)
district shall have a district municipalities in the
board of canvassers which Metro Manila Area
shall canvass the election shall canvass the
returns for President, Vice- certificate of canvass
President, Senators, for President, Vice-
Members of the House of President, Senators
Representatives and elective and Members of the
municipal officials. Upon House of
completion of the canvass, it Representatives
shall prepare the certificate submitted by the
of canvass for President, municipal board of
Vice-President, and canvassers of the
Senators and thereafter, component
proclaim the elected municipalities. Upon
Member of the House of completion of the
Representatives and canvass, it shall
municipal officials. prepare a certificate of
canvass for President,
(2) Each component Vice-President and
municipal in a Senators and
legislative district in the thereafter, proclaim the
Metro Manila Area elected Member of the
shall have a municipal House of
board of canvassers Representatives in the
which shall canvass legislative district.
the election returns for
President, Vice- (d) The provincial board of
President, Senators, canvassers shall canvass
Members of the House the certificates of canvass
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of Representatives and for President, Vice-

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elective municipal President, Senators and

Members of the House of Congress shall determine the

Representatives and elective authenticity and due execution of
provincial officials as well as the certificate of canvass for
plebiscite results, if any President and Vice-President as
plebiscite is conducted accomplished and transmitted to it
simultaneously with the by the local boards of canvassers,
same election, as submitted on a showing that: (1) each
by the board of canvassers certificate of canvass was
of municipalities and executed, signed and
component cities. Upon thumbmarked by the chairman
completion of the canvass, it and members of the board of
shall prepare the certificate canvassers and transmitted or
of canvass for President, caused to be transmitted to
Vice-President and Senators Congress by them; (2) each
and thereafter, proclaim the certificate of canvass contains the
elected Member of the names of all of the candidates for
House of Representatives President and Vice-President and
and provincial officials as their corresponding votes in words
well as the plebiscite results, and in figures; and (3) there exists
if any. no discrepancy in other authentic
copies of the certificate of canvass
Section 16 Counting of votes for or discrepancy in the votes of any
President and Vice-President by the candidate in words and figures in
Batasang Pambansa. - The the certificate.
certificates of canvass, duly certified When the certificate of canvass,
by the board of canvassers of each duly certified by the board of
province, city or district in canvassers of each province, city
Metropolitan Manila shall be or district, appears to be
incomplete, the Senate President
transmitted to the Speaker of the shall require the board of
Batasang Pambansa, who shall, not canvassers concerned to transmit
later than thirty days after the day of by personal delivery, the election
the election, convene the Batasang returns from polling places that
were not included in the certificate
Pambansa in session and in its
of canvass and supporting
presence open all the certificates of statements. Said election returns
canvass, and the votes shall then be shall be submitted by personal
counted. delivery within two (2) days from
receipt of notice.
SECTION 30 RA 7166, which provides When it appears that any
certificate of canvass or
Section 30. Congress as the supporting statement of votes by
National Board of Canvassers for precinct bears erasures or
the Election of President and Vice- alterations which may cast doubt
as to the veracity of the number of
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President: Determination of
Authenticity and Due Execution of votes stated therein and may
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Certificates of Canvass. - affect the result of the election,

upon request of the Presidential or names of all of the candidates for

Vice-Presidential candidate President and Vice-President and
concerned or his party, Congress their corresponding votes in words
shall, for the sole purpose of and in figures; and (3) there exists
verifying the actual number of no discrepancy in other authentic
votes cast for President and Vice- copies of the certificate of canvass
President, count the votes as they or discrepancy in the votes of any
appear in the copies of the candidate in words and figures in
election returns submitted to it. the certificate.
Section 17 Correction of errors in When the certificate of canvass,

certificate and supporting statement duly certified by the board of
canvassers of each province, city
already transmitted to the Speaker. -
or district, appears to be
No correction of errors allegedly incomplete, the Senate President
committed in the certificate of shall require the board of
canvass and supporting statement canvassers concerned to transmit
already transmitted to the Speaker of by personal delivery, the election
returns from polling places that
the Batasang Pambansa shall be were not included in the certificate
allowed, subject to the provisions of of canvass and supporting
the succeeding section. statements. Said election returns
shall be submitted by personal
SECCTION 17 HAS BEEN AMENDED delivery within two (2) days from
BY SECTION 30 RA 7166, which receipt of notice.
provides
When it appears that any
certificate of canvass or
Section 30. Congress as the
supporting statement of votes by
National Board of Canvassers for
precinct bears erasures or
the Election of President and Vice-
alterations which may cast doubt
President: Determination of
as to the veracity of the number of
Authenticity and Due Execution of
votes stated therein and may
Certificates of Canvass. -
affect the result of the election,
Congress shall determine the
upon request of the Presidential or
authenticity and due execution of
Vice-Presidential candidate
the certificate of canvass for
concerned or his party, Congress
President and Vice-President as
shall, for the sole purpose of
accomplished and transmitted to it
verifying the actual number of
by the local boards of canvassers,
votes cast for President and Vice-
on a showing that: (1) each
President, count the votes as they
certificate of canvass was
appear in the copies of the
executed, signed and
election returns submitted to it.
thumbmarked by the chairman
and members of the board of Section 18 Preservation of ballot
canvassers and transmitted or
caused to be transmitted to boxes, their keys, and disposition of
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Congress by them; (2) each their contents. - Until after the

certificate of canvass contains the completion by the Batasang
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Pambansa of the canvassing of the certificate of canvass or supporting

votes and until an uncontested statement of votes by polling place
proclamation of the President-elect bears erasures or alterations which
and Vice-President-elect shall have may cast doubt as to the veracity of
been obtained, the provincial, city or the number of votes stated therein
district board of canvassers under the and may affect the result of the
joint responsibility with the election, the Batasang Pambansa
provincial, city or municipal upon request of the Presidential or
treasurers shall provide for the Vice-Presidential candidate
safekeeping and storage of the ballot concerned or his party shall, for the
boxes in a safe and closed chamber sole purpose of verifying the actual
secured by four padlocks: one to be number of votes cast for President or
provided by the corresponding board Vice-President, count the votes as
chairman; one by the provincial or they appear in the copies of the
city treasurer concerned; and one election returns for the Commission.
each by the ruling party and the For this purpose, the Speaker shall
accredited dominant opposition require the Commission to deliver its
political party. copies of the election returns to the
Batasang Pambansa.
Section 19 When certificate of
canvass is incomplete or bears SECTION 18 HAS BEEN AMENDED BY
erasures or alterations. - When the SECTION 30 RA 7166, which provides
certificate of canvass, duly certified
by the board of canvassers of each Section 30. Congress as the
National Board of Canvassers for
province, city or district in the Election of President and Vice-
Metropolitan Manila and transmitted President: Determination of
to the Speaker of the Batasang Authenticity and Due Execution of
Pambansa, as provided in the Certificates of Canvass. -
Congress shall determine the
Constitution, appears to be
authenticity and due execution of
incomplete, the Speaker shall require the certificate of canvass for
the board of canvassers concerned to President and Vice-President as
transmit to his office, by personal accomplished and transmitted to it
delivery, the election returns from by the local boards of canvassers,
on a showing that: (1) each
polling places that were not included certificate of canvass was
in the certificate of canvass and executed, signed and
supporting statements. Said election thumbmarked by the chairman
returns shall be submitted by and members of the board of
canvassers and transmitted or
personal delivery to the Speaker
caused to be transmitted to
within two days from receipt of
15
Congress by them; (2) each

notice. When it appears that any certificate of canvass contains the
Page
names of all of the candidates for

President and Vice-President and highest number of votes for President

their corresponding votes in words and for Vice-President shall be
and in figures; and (3) there exists
declared elected; but in case two or
no discrepancy in other authentic
copies of the certificate of canvass more shall have an equal and the
or discrepancy in the votes of any highest number of votes, one of them
candidate in words and figures in shall be chosen President or Vice-
the certificate. President, as the case may be, by a
When the certificate of canvass, majority vote of all the Members of
duly certified by the board of the Batasang Pambansa in session
canvassers of each province, city assembled.
or district, appears to be
incomplete, the Senate President In case there are certificates of
shall require the board of canvass which have not been
canvassers concerned to transmit submitted to the Speaker of the
by personal delivery, the election
returns from polling places that Batasang Pambansa on account of
were not included in the certificate missing election returns, a
of canvass and supporting proclamation may be made if the
statements. Said election returns missing certificates will not affect the
shall be submitted by personal
results of the election.
delivery within two (2) days from
receipt of notice. In case the certificates of canvass
When it appears that any which were not submitted on
certificate of canvass or account of missing election returns
supporting statement of votes by will affect the results of the election,
precinct bears erasures or no proclamation shall be made. The
alterations which may cast doubt
as to the veracity of the number of Speaker shall immediately instruct
votes stated therein and may the boards of canvassers concerned
affect the result of the election, to obtain the missing election returns
upon request of the Presidential or from the boards of election
Vice-Presidential candidate
inspectors or, if the returns have
concerned or his party, Congress
shall, for the sole purpose of been lost or destroyed upon prior
verifying the actual number of authority from the Commission, to
votes cast for President and Vice- use any authentic copy of said
President, count the votes as they election returns for the purpose of
appear in the copies of the
election returns submitted to it. conducting the canvass, and
thereafter issue the certificates of
Section 20 Proclamation of the canvass. The certificates of canvass
President-elect and Vice-President- shall be immediately transmitted to
elect. - Upon the completion of the the Speaker of the Batasang
16
canvass of the votes by the Batasang Pambansa.

Pambansa, the persons obtaining the
Page

Proclamation shall be made only Members of the House of

upon submission of all certificates of Representatives shall be held on
the second Monday of May.
canvass or when the missing
certificates of canvass will not affect Section 22 Special election for
the results of the election. Members of the Batasang Pambansa.
SECTION 20 HAS BEEN AMENDED BY - In case a vacancy arises in the
PARAGRAPHS 5 AND 6 OF SECTION 4 Batasang Pambansa eighteen months
ARTICLE VII, 1987 CONSTITUTION, or more before a regular election, the
which provides – Commission shall call a special
election to be held within sixty days
The person having the highest after the vacancy occurs to elect the
number of votes shall be Member to serve the unexpired term.
proclaimed elected, but in case
two or more shall have an equal The Batasang Pambansa through a
and highest number of votes, one duly approved resolution or an
of them shall forthwith be chosen
official communication of the
by the vote of a majority of all the
Members of both Houses of the Speaker when it is not in session shall
Congress, voting separately. certify to the Commission the
existence of said vacancy.
The Congress shall promulgate its
rules for the canvassing of the SECTION 22 HAS BEEN AMENDED BY
certificates. SECTION 4 OF RA 7166, which
ARTICLE III provides –
ELECTION OF MEMBERS OF THE
Section 4. Postponement, Failure
BATASANG PAMBANSA of Election and Special Elections. -
The postponement, declaration of
Section 21. Regular election of failure of election and the calling of
Members of the Batasang Pambansa. special elections as provided in
- The regular election of the Sections 5, 6 and 7 of the
Members of the Batasang Pambansa Omnibus Election Code shall be
decided by the Commission sitting
shall be held on the second Monday
en banc by a majority vote of its
of May, Nineteen hundred and ninety members. The causes for the
(1990) and on the same day every six declaration of a failure of election
years thereafter. may occur before or after the
casting of votes or on the day of
SECTION 21 HAS BEEN AMENDED BY the election.
SECTION 8 ARTICLE VI 1987
In case a permanent vacancy shall
CONSTITUTION, which provides –
occur in the Senate or House of
Representatives at least one (1)
Section 8. Unless otherwise year before the expiration of the
17
provided by law, the regular term, the Commission shall call

election of the Senators and the
Page
and hold a special election to fill

the vacancy not earlier than sixty Section 5.

(60) days nor longer than ninety
(90) days after the occurrence of 1. The House of
the vacancy. However, in case of Representatives shall be
such vacancy in the Senate, the composed of not more than
special election shall be held two hundred and fifty
simultaneously with the members, unless otherwise
succeeding regular election. fixed by law, who shall be
elected from legislative
Section 23. Composition of the districts apportioned among
Batasang Pambansa. - The Batasang the provinces, cities, and the
Metropolitan Manila area in
Pambansa shall be composed of not
accordance with the number
more than two hundred Members of their respective
elected from the different provinces inhabitants, and on the basis
of the Philippines with their of a uniform and progressive
component cities, highly urbanized ratio, and those who, as
provided by law, shall be
cities and districts of Metropolitan elected through a party-list
Manila, those elected or selected system of registered
from various sectors as provided national, regional, and
herein, and those chosen by the sectoral parties or
organizations.
President from the members of the
2. The party-list
Cabinet. representatives shall
constitute twenty per centum
of the total number of
SECTIONS 1, 2 AND 5 OF ARTICLE VI representatives including
1987 CONSTITUTION, which provides those under the party list.
– For three consecutive terms
after the ratification of this
Section 1. The legislative power Constitution, one-half of the
shall be vested in the Congress of seats allocated to party-list
the Philippines which shall consist representatives shall be
of a Senate and a House of filled, as provided by law, by
Representatives, except to the selection or election from the
extent reserved to the people by labor, peasant, urban poor,
the provision on initiative and indigenous cultural
referendum. communities, women, youth,
and such other sectors as
Section 2. The Senate shall be may be provided by law,
composed of twenty-four Senators except the religious sector.
who shall be elected at large by
the qualified voters of the Section 24. Apportionment of
Philippines, as may be provided representatives. - Until a new
by law. apportionment shall have been
18
x x x made, the Members of the Batasang

Page
Pambansa shall be apportioned in

accordance with the Ordinance Cabanatuan, Palayan and San Jose, 4;

appended to the Constitution, as Pampanga with Angeles City, 4;
follows: Tarlac, 2;
Zambales, 1;
National Capital Region:
Olongapo City, 1.
Manila, 6;
Region IV:
Quezon City, 4;
Caloocan, 2; Aurora, 1;
Pasay, 1; Batangas with the cities of Batangas
Pasig and Marikina, 2; and Lipa, 4;
Las Piñas and Parañaque, 1; Cavite with the cities of Cavite,
Makati, 1; Tagaytay and Trece Martires, 3;
Malabon, Navotas and Valenzuela, 2; Laguna with San Pablo City, 4;
San Juan and Mandaluyong, 1; Marinduque, 1;
Taguig, Pateros and Muntinglupa, 1. Occidental Mindoro, 1;
Oriental Mindoro, 2;
Region I:
Palawan with Puerto Princesa City, 1;
Abra, 1; Quezon with Lucena City, 4;
Benguet, 1; Rizal, 2;
Ilocos Norte with Laoag City, 2; Romblon, 1.
Ilocos Sur, 2;
Region V:
La Union, 2;
Mountain Province, 1; Albay with Legaspi City, 3;
Pangasinan with the cities of Camarines Norte, 1;
Dagupan and San Carlos, 6; Camarines Sur with the cities of Iriga
Baguio City, 1. and Naga, 4;
Catanduanes, 1;
Region II:
Masbate, 2;
Batanes, 1; Sorsogon, 2.
Cagayan, 3;
Region VI:
Ifugao, 1;
Isabela, 3; Aklan, 1;
Kalinga-Apayao, 1; Antique, 1;
Nueva Vizcaya, 1; Capiz with Roxas City;
Quirino, 1. Iloilo with Iloilo City, 5;
Negros Occidental with the cities of
Region III:
Bacolod, Bago, Cadiz, La Carlota, San
Bataan, 1; Carlos and Silay, 7.
19
Bulacan, 4;
Region VII:
Page
Nueva Ecija with the cities of

Bohol with Tagbilaran City, 3; Surigao del Sur, 1;

Cebu with the cities of Danao, Lapu- Davao del Norte, 3;
Lapu, Mandaue and Toledo, 6; Davao Oriental, 1;
Negros Oriental with the cities of Davao del Sur, 2;
Bais, Canlaon and Dumaguete, 3; South Cotabato with General Santos
Siquijor, 1; City, 3;
Cebu City, 2. Davao City, 2.
Region VIII: Region XII:
Leyte with the cities of Ormoc and Lanao del Norte, 1;

Tacloban, 5; Lanao del Sur with Marawi City, 2;
Southern Leyte, 1; Maguindanao with Cotabato City, 2;
Eastern Samar, 1; North Cotabato, 2;
Northern Samar, 1; Sultan Kudarat, 1;
Samar with Calbayog City, 2. Iligan City, 1.
Region IX: Any province that may hereafter be

created or any component city that
Basilan, 1;
may hereafter be declared by or
Sulu, 1;
pursuant to law as a highly urbanized
Tawi-Tawi, 1;
city shall be entitled in the
Zamboanga del Norte with the cities
immediately following election to at
of Dapitan and Dipolog, 2;
least one Member or such number of
Zamboanga del Sur with Pagadian
Members as it may be entitled to on
City, 3;
the basis of the number of the
Zamboanga City, 1.
inhabitants and on the same uniform
Region X: and progressive ratio used in the last
preceding apportionment. The
Agusan del Norte with Butuan City, 1;
number of Members apportioned to
Agusan del Sur, 1;
the province out of which the new
Bukidnon, 2;
province was created or where the
Camiguin, 1;
new highly urbanized city is
Misamis Occidental with the cities of
geographically located shall be
Oroquieta, Ozamis and Tangub, 1;
correspondingly adjusted by the
Misamis Oriental with Gingoog City,
Commission, but such adjustment
2;
shall not be made within one
Surigao del Norte with Surigao City, 1;
hundred twenty days before the
Cagayan de Oro City, 1.
election.
Region XI:
20
Section 25. Voting by province and its

Page
component cities, by highly urbanized

city or by district in Metropolitan The industrial labor sector includes all

Manila. - All candidates shall be non-agricultural workers and
voted at large by the registered employees.
voters of their respective
The youth sector embraces persons
constituencies. The candidates
not more than twenty-five years of
corresponding to the number of
age.
Member or Members to be elected in
a constituency who receive the Section 28. Selection of sectoral
highest number of votes shall be representatives. - Not later than
declared elected. twenty days after the election of
provincial, city or district
SECTIONS 26 TO 28 HAVE BEEN
representatives, the most
AMENDED BY REPUBLIC ACT NO
representative and generally
7941 or THE PARTY LIST SYSTEM ACT
recognized organizations or
Section 26. Sectoral representatives. - aggroupments of members of the
There shall be three sectors to be agricultural labor, industrial labor,
represented in the Batasang and youth sectors, as attested to by
Pambansa, namely: (1) youth; (2) the Ministers of Agrarian Reform and
agricultural labor; (3) industrial labor of Agriculture and Food, the
whose representatives shall be Ministers of Labor and Employment,
elected in the manner herein and the Ministers of Local
provided. Each sector shall be Government and of Education,
entitled to four representatives, two Culture and Sports, respectively,
of whom shall come from Luzon, one shall, in accordance with the
from Visayas, and one from procedures of said organizations or
Mindanao: Provided, That the youth aggroupments of members of the
sector shall be entitled to two sector, submit to the President their
additional sectoral representatives respective nominees for each slot
who shall be elected from any part of allotted for each sector. The
the country. President shall appoint from among
the nominees submitted by the
Section 27. Scope of the sectors. - The
aforementioned organizations or
agricultural labor sector covers all
aggroupments the representatives of
persons who personally and
each sector.
physically till the land as their
principal occupation. It includes In recognizing the most
agricultural tenants and lessees, rural representative and generally
workers and farm employees, owner- recognized organizations or
cultivators, settlers and small aggroupments, the Ministers of
21
fishermen. Agrarian Reform and of Agriculture

Page

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
22
organizations or coalitions thereof

registered with the Commission on
Page
AMENDED BY REPUBLIC ACT NO Elections (COMELEC).

Component parties or citizens who share similar

organizations of a coalition may physical attributes or
participate independently provided characteristics, employment,
the coalition of which they form interests or concerns.
part does not participate in the
party-list system. (f) A coalition refers to an
aggrupation of duly
(b) A party means either a registered national, regional,
political party or a sectoral sectoral parties or
party or a coalition of parties. organizations for political
and/or election purposes.
(c) A political party refers to
an organized group of Section 4. Manifestation to
citizens advocating an Participate in the Party-List
ideology or platform, System. Any party, organization,
principles and policies for or coalition already registered with
the general conduct of the Commission need not register
government and which, as anew. However, such party,
the most immediate means organization, or coalition shall file
of securing their adoption, with the Commission, not later
regularly nominates and than ninety (90) days before the
supports certain of its election, a manifestation of its
leaders and members as desire to participate in the party-
candidates for public office. list system.
It is a national party when its Section 5. Registration. Any

constituency is spread over organized group of persons may
the geographical territory of register as a party, organization or
at least a majority of the coalition for purposes of the party-
regions. It is a regional party list system by filing with the
when its constituency is COMELEC not later than ninety
spread over the (90) days before the election a
geographical territory of at petition verified by its president or
least a majority of the cities secretary stating its desire to
and provinces comprising participate in the party-list system
the region. as a national, regional or sectoral
party or organization or a coalition
(d) A sectoral party refers to of such parties or organizations,
an organized group of attaching thereto its constitution,
citizens belonging to any of by-laws, platform or program of
the sectors enumerated in government, list of officers,
Section 5 hereof whose coalition agreement and other
principal advocacy pertains relevant information as the
to the special interest and COMELEC may require: Provided,
concerns of their sector, That the sectors shall include
labor, peasant, fisherfolk, urban
(e) A sectoral organization poor, indigenous cultural
23
refers to a group of citizens communities, elderly,

or a coalition of groups of
Page
handicapped, women, youth,

veterans, overseas workers, and (5) It violates or fails to

professionals. comply with laws, rules or
regulations relating to
The COMELEC shall publish the elections;
petition in at least two (2) national
newspapers of general circulation. (6) It declares untruthful
statements in its petition;
The COMELEC shall, after due
notice and hearing, resolve the (7) It has ceased to exist for
petition within fifteen (15) days at least one (1) year; or
from the date it was submitted for
decision but in no case not later (8) It fails to participate in the
than sixty (60) days before last two (2) preceding
election. elections or fails to obtain at
least two per centum (2%) of
Section 6. Refusal and/or the votes cast under the
Cancellation of Registration. The party-list system in the two
COMELEC may, motu propio or (2) preceding elections for
upon verified complaint of any the constituency in which it
interested party, refuse or cancel, has registered.
after due notice and hearing, the
registration of any national, Section 7. Certified List of
regional or sectoral party, Registered Parties. The
organization or coalition on any of COMELEC shall, not later than
the following grounds: sixty (60) days before election,
prepare a certified list of national,
(1) It is a religious sect or regional, or sectoral parties,
denomination, organization organizations or coalitions which
or association, organized for have applied or who have
religious purposes; manifested their desire to
participate under the party-list
(2) It advocates violence or system and distribute copies
unlawful means to seek its thereof to all precincts for posting
goal; in the polling places on election
day. The names of the part y-list
(3) It is a foreign party or nominees shall not be shown on
organization; the certified list.
(4) It is receiving support Section 8. Nomination of Party-
from any foreign List Representatives. Each
government, foreign political registered party, organization or
party, foundation, coalition shall submit to the
organization, whether COMELEC not later than forty-five
directly or through any of its (45) days before the election a list
officers or members or of names, not less than five (5),
indirectly through third from which party-list
parties for partisan election representatives shall be chosen in
24
purposes; case it obtains the required

number of votes.
Page

A person may be nominated in be allowed to continue in office

one (1) list only. Only persons who until the expiration of his term.
have given their consent in writing
may be named in the list. The list Section 10. Manner of
shall not include any candidate for Voting. Every voter shall be
any elective office or a person who entitled to two (2) votes: the first is
has lost his bid for an elective a vote for candidate for member of
office in the immediately preceding the House of Representatives in
election. No change of names or his legislative district, and the
alteration of the order of nominees second, a vote for the party,
shall be allowed after the same organizations, or coalition he
shall have been submitted to the wants represented in the house of
COMELEC except in cases where Representatives: Provided, That a
the nominee dies, or withdraws in vote cast for a party, sectoral
writing his nomination, becomes organization, or coalition not
incapacitated in which case the entitled to be voted for shall not be
name of the substitute nominee counted: Provided, finally, That the
shall be placed last in the list. first election under the party-list
Incumbent sectoral system shall be held in May 1998.
representatives in the House of
Representatives who are The COMELEC shall undertake
nominated in the party-list system the necessary information
shall not be considered resigned. campaign for purposes of
educating the electorate on the
Section 9. Qualifications of Party- matter of the party-list system.
List Nominees. No person shall be
nominated as party-list Section 11. Number of Party-List
representative unless he is a Representatives. The party-list
natural-born citizen of the representatives shall constitute
Philippines, a registered voter, a twenty per centum (20%) of the
resident of the Philippines for a total number of the members of
period of not less than one (1)year the House of Representatives
immediately preceding the day of including those under the party-
the election, able to read and list.
write, a bona fide member of the
party or organization which he For purposes of the May 1998
seeks to represent for at least elections, the first five (5) major
ninety (90) days preceding the day political parties on the basis of
of the election, and is at least party representation in the House
twenty-five (25) years of age on of Representatives at the start of
the day of the election. the Tenth Congress of the
Philippines shall not be entitled to
In case of a nominee of the youth participate in the party-list system.
sector, he must at least be twenty-
five (25) but not more than thirty In determining the allocation of
(30) years of age on the day of the seats for the second vote, the
election. Any youth sectoral following procedure shall be
25
representative who attains the age observed:

Page
of thirty (30) during his term shall

(a) The parties, according to their ranking in said

organizations, and coalitions list.
shall be ranked from the
highest to the lowest based Section 14. Term of Office. Party-
on the number of votes they list representatives shall be
garnered during the elected for a term of three (3)
elections. years which shall begin, unless
otherwise provided by law, at noon
(b) The parties, on the thirtieth day of June next
organizations, and coalitions following their election. No party-
receiving at least two list representatives shall serve for
percent (2%) of the total more than three (3) consecutive
votes cast for the party-list terms. Voluntary renunciation of
system shall be entitled to the office for any length of time
one seat each: Provided, shall not be considered as an
That those garnering more interruption in the continuity his
than two percent (2%) of the service for the full term for which
votes shall be entitled to he was elected.
additional seats in proportion
to their total number of votes Section 15. Change of Affiliation;
: Provided, finally, That each Effect. Any elected party-list
party, organization, or representative who changes his
coalition shall be entitled to political party or sectoral affiliation
not more than three (3) during his term of office shall
seats. forfeit his seat: Provided, That if
he changes his political party or
Section 12. Procedure in sectoral affiliation within six (6)
Allocating Seats for Party-List months before an election, he
Representatives. The COMELEC shall not be eligible for nomination
shall tally all the votes for the as party-list representative under
parties, organizations, or coalitions his new party or organization.
on a nationwide basis, rank them
according to the number of votes Section 16. Vacancy. In case of
received and allocate party-list vacancy in the seats reserved for
representatives proportionately party-list representatives, the
according to the percentage of vacancy shall be automatically
votes obtained by each party, filled by the next representative
organization, or coalition as from the list of nominees in the
against the total nationwide votes order submitted to the COMELEC
cast for the party-list system. by the same party, organization, or
coalition, who shall serve for the
Section 13. How Party-List unexpired term. If the list is
Representatives are exhausted, the party, organization
Chosen. Party-list representatives coalition concerned shall submit
shall be proclaimed by the additional nominees.
COMELEC based on the list of
names submitted by the Section 17. Rights of Party-List
26
respective parties, organizations, Representatives. Party-List

Representatives shall be entitled
Page
or coalitions to the COMELEC

to the same salaries and city and municipal officials whose

emoluments as regular members positions are provided for by the
of the House of Representatives.
Local Government Code shall be held
Section 18. Rules and throughout the Philippines in the
Regulations. The COMELEC shall manner herein prescribed on the first
promulgate the necessary rules Monday of May, Nineteen hundred
and regulations as may be
and eighty-six and on the same day
necessary to carry out the
purposes of this Act. every six years thereafter.
Section 19. Appropriations. The The officials elected shall assume

amount necessary for the office on the thirtieth day of June
implementation of this Act shall be next following the election and shall
provided in the regular hold office for six years and until their
appropriations for the Commission
successors shall have been elected
on Elections starting fiscal year
1996 under the General and qualified.
Appropriations Act.
All local incumbent officials whose
Starting 1995, the COMELEC is tenure of office shall expire on March
hereby authorized to utilize 23, 1986 shall hold office until June
savings and other available funds 30, 1986 or until their successors
for purposes of its information
campaign on the party-list system. shall have been elected and qualified:
Provided, That they cannot be
Section 20. Separability Clause. If suspended or removed without just
any part of this Act is held invalid cause.
or unconstitutional, the other parts
or provisions thereof shall remain SECTI0N 29 HAS BEEN AMENDED BY
valid and effective.
SECTION 2 OF RA 7166, which
Section 21. Repealing Clause. All provides –
laws, decrees, executive orders,
rules and regulations, or parts Section 2. Date of Elections. - In
thereof, inconsistent with the accordance with the policy
provisions of this Act are hereby hereinbefore stated, there shall be
repealed. an election for President, Vice-
President, twenty-four (24)
Section 22. Effectivity. This Act
Senators, all elective Members of
shall take effect fifteen (15) days
after its publication in a newspaper the House of Representatives, and
of general circulation. all elective provincial, city and
municipal officials on the second
ARTICLE IV Monday of May, 1992. Thereafter,
ELECTION OF LOCAL OFFICIALS the President and Vice-President
shall be elected on the same day
27
Section 29. Regular elections of local

every six (6) years; while the
officials. - The election of provincial,
Page
Senators, elective Members of the

House of Representatives and all provincial officials of the province

elective provincial, city and of which it is a part, unless its
municipal officials shall be elected charter provides otherwise.
on the same day every three (3)
THIS IS RELATED TO SECTION 29 OF
years, except that with respect to
LOCAL GOVERNMENT CODE OF THE
Senators, only twelve (12) shall be
PHILIPPINES OF 1991
elected.
Section 30. Component and highly Section 29. Provincial Relations

with Component Cities and
urbanized cities. - Unless their
Municipalities. - The province,
respective charters provide through the governor, shall ensure
otherwise, the electorate of that every component city and
component cities shall be entitled to municipality within its territorial
vote in the election for provincial jurisdiction acts within the scope of
its prescribed powers and
officials of the province of which it is functions. Highly urbanized cities
a part. and independent component cities
shall be independent of the
The electorate of highly urbanized province.
cities shall not vote in the election for
provincial officials of the province in ARTICLE V
which it is located: Provided, ELECTION OF MEMBERS OF THE
however, That no component city REGIONAL ASSEMBLY OF THE
shall be declared or be entitled to a AUTONOMOUS REGIONS.
highly urbanized city status within SECTIONS 31 TO 36 HAVE BEEN
ninety days prior to any election. AMENDED BY SECTIONS 15, 18 AND
SECTION 30 HAS BEEN AMENDED BY 19 OF THE 1987 CONSTITUTION
SECTION 3 OF RA 6646 – ELECTORAL PROVISIONS ON THE AUTUNOMOUS
REFORMS LAW OF 1987, which REGIONS
provides - Section 31. The Sangguniang
Pampook of the autonomous regions.
Section 3. Voters in Cities. - The
registered voters of a highly - Region IX and Region XII in southern
urbanized city shall not vote in the Philippines shall each have a
election for provincial officials of Sangguniang Pampook to be
the province in which it is located. composed of twenty-seven members
No component city shall be
declared or classified as a highly and shall include seventeen
urbanized city within sixty (60) representatives elected from the
days prior to a local different provinces and cities of each
election.lawphil.net region, and a sectoral representative
each from among the youth,
28
The registered voters of a

component city shall be entitled to agricultural workers, and non-
Page
vote in the election for the

agricultural workers (industrial labor) North Cotabato, four (4);

of each region to be selected in the and Sultan Kudarat, two (2).
manner herein provided whose
Section 33. Election of members of
qualifications and disqualifications
Sangguniang Pampook. - The
are the same as Members of the
candidates for the position of
Batasang Pambansa.
seventeen representatives to the
The President shall appoint an Sangguniang Pampook of Region IX
additional seven representatives in and of Region XII shall be voted at
each region whenever in his large by the registered voters of each
judgment any other sector is not province including the cities
properly represented in the concerned.
Sangguniang Pampook as a result of
The candidates corresponding to the
the elections.
number of member or members to
Section 32. Apportionment of be elected in a constituency who
members of the Sangguniang receive the highest number of votes
Pampook. - The Members of the shall be declared elected.
Sangguniang Pampook of Region IX
Section 34. Selection of sectoral
and of Region XII shall be
representatives. - The President shall,
apportioned as follows:
within thirty days from the convening
Region IX: of each Sangguniang Pampook,
appoint the sectoral representatives
Basilan, one (1);
on recommendation of the
Sulu, three (3);
Sangguniang Pampook and after due
Tawi-Tawi, one (1);
consultation with the representative
Zamboanga del Norte including the
and generally recognized
cities of Dipolog and Dapitan, four,
organizations or aggrupations of
(4);
members of the youth, agricultural
and Zamboanga del Sur, including the
workers and non-agricultural workers
City of Pagadian, six (6);
as attested by the Ministers of Local
and Zamboanga City, two (2);
Government and of Education,
Region XII: Culture and Sports (youth), Ministers
of Agrarian Reform and of Agriculture
Lanao del Norte, two (2); Iligan City,
and Food (agricultural workers), and
one (1);
Ministers of Labor and Employment
Lanao del Sur including the City of
(non-agricultural or industrial labor).
Marawi, four (4);
Maguindanao including the City of The President of the Philippines shall
29
Cotabato, four (4); in writing notify the Speaker of the

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Sangguniang Pampook of each region

of the appointment made by him of The election of members of the

any sectoral representative. Sangguniang Pampook of the two
regions shall be held simultaneously
The sectoral representatives shall
with the local elections of 1986.
have the same functions,
Those elected in said elections shall
responsibilities, rights, privileges,
have a term of four years starting
qualifications and disqualifications as
June 30, 1986.
the elective provincial
representatives to the Sangguniang Those elected in the election of 1990
Pampook: Provided, however, That to be held simultaneously with the
no defeated candidate for member of elections of Members of the Batasang
the Sangguniang Pampook in the Pambansa shall have a term of six
immediately preceding election shall years.
be appointed as sectoral
representative.
AMENDED BY SECTIONS 15, 18 AND
Section 35. Filling of vacancy. - 19 OF THE 1987 CONSTITUTION
Pending an election to fill a vacancy PROVISIONS ON THE AUTUNOMOUS
arising from any cause in the REGIONS, which provides –
Sangguniang Pampook, the vacancy
shall be filled by the President, upon Section 15. There shall be
created autonomous regions in
recommendation of the Sangguniang Muslim Mindanao and in the
Pampook: Provided, That the Cordilleras consisting of
appointee shall come from the same provinces, cities, municipalities,
province or sector of the member and geographical areas sharing
common and distinctive historical
being replaced.
and cultural heritage, economic
Section 36. Term of office. - The and social structures, and other
relevant characteristics within the
present members of the Sangguniang
framework of this Constitution and
Pampook of each of Region IX and the national sovereignty as well as
Region XII shall continue in office territorial integrity of the Republic
until June 30, 1986 or until their of the Philippines.
successors shall have been elected
Section 18. The Congress shall
and qualified or appointed and enact an organic act for each
qualified in the case of sectoral autonomous region with the
members. They may not be removed assistance and participation of the
regional consultative commission
or replaced except in accordance
composed of representatives
with the internal rules of said appointed by the President from a
assembly or provisions of pertinent list of nominees from multi-
laws. sectoral bodies. The organic act
30
shall define the basic structure of

Page
government for the region

consisting of the executive successors shall have been elected

department and legislative and qualified.
assembly, both of which shall be
elective and representative of the SECTION 37 HAS BEEN AMENDED BY
constituent political units. The RA 9164 or THE SYNCHRONIZED
organic acts shall likewise provide
BRGY AND SK ELECTIONS LAW OF
for special courts with personal,
family, and property law 2002, which provides –
jurisdiction consistent with the
provisions of this Constitution and Section 1. Date of Election. –
national laws. There shall be synchronized
barangay and sangguniang
The creation of the autonomous kabataan elections which shall be
region shall be effective when held on July 15, 2002. Subsequent
approved by majority of the votes synchronized barangay and
cast by the constituent units in a sangguniang kabataan elections
plebiscite called for the purpose, shall be held on the last Monday
provided that only provinces, of October and every three (3)
cities, and geographic areas years thereafter.
voting favorably in such plebiscite
shall be included in the Section 2. Term of Office. –The
autonomous region. term of office of all barangay and
sangguniang kabataan officials
Section 19. The first Congress after the effectivity of this Act shall
elected under this Constitution be three (3) years.
shall, within eighteen months from
the time of organization of both No barangay elective official shall
Houses, pass the organic acts for serve for more than three (3)
the autonomous regions in Muslim consecutive terms in the same
Mindanao and the Cordilleras. position: Provided, however, That
the term of office shall be
ARTICLE VI reckoned from the 1994 barangay
ELECTION OF BARANGAY OFFICIALS elections. Voluntary renunciation
of office for any length of time
Section 37. Regular election of shall not be considered as an
barangay officials. - The election for interruption in the continuity of
service for the full term for which
barangay officials shall be held the elective official was elected.
throughout the Philippines in the
manner prescribed on the second Section 3. Registration. – For
Monday of May Nineteen hundred purposes of the July 15, 2002
synchronized barangay and
and eighty-eight and on the same day sangguniang kabataan elections
every six years thereafter. provided under this Act, a special
registration of voters for the
The officials elected shall assume sangguniang kabataan shall be
office on the thirtieth day of June fixed by the Commission on
31
next following the election and shall Elections (COMELEC).

Subsequent registration of
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hold office for six years and until their

barangay and sangguniang in the custody of the

kabataan voters shall be governed barangay secretary."
by Republic Act No. 8189.
Section 7. Section 428 of
Section 4. Assumption of Office. – Republic Act No. 7160, otherwise
The term of office of the barangay known as the Local Government
and sangguniang kabataan Code of 1991, is hereby amended
officials elected under this Act to read as follows:
shall commence on August 15,
2002. The term of office of the "Sec. 428. Qualifications. –
barangay and sangguniang An elective official of the
kabataan officials elected in sangguniang kabataan must
subsequent elections shall be a Filipino citizen, a
commence at noon of November qualified voter of the
30 next following their election. katipunan ng kabataan, a
resident of the barangay for
Section 5. Hold Over. – All at least one (1) year
incumbent barangay officials and immediately prior to election,
sangguniang kabataan officials at least fifteen (15) years but
shall remain in office unless less than eighteen (18)
sooner removed or suspended for years of age on the day of
cause until their successors shall the election, able to read
have been elected and qualified. and write Filipino, English, or
The provisions of the Omnibus the local dialect, and must
Election Code relative to the not have been convicted of
failure of elections and special any crime involving moral
elections are hereby reiterated in turpitude."
this Act.
Section 8. Appropriation. – The
Section 6. Section 424 of amount of one billion one hundred
Republic Act No. 7160, otherwise million pesos (P1,100,000,000.00)
known as the Local Government needed for the purpose shall be
Code of 1991, is hereby amended charged from the appropriation of
to read as follows: the COMELEC authorized under
Republic Act No. 9162, otherwise
"Sec. 424. Katipunan ng known as the FY 2002 General
Kabataan. – The katipunan Appropriations Act.
ng kabataan shall be
composed of Filipino citizens In addition, the savings of the
actually residing in the COMELEC not exceeding three
barangay for at least six (6) hundred million pesos
months, who are fifteen (15) (P300,000,000.00) shall be used
but less than eighteen (18) to augment said appropriations as
years of age on the day of authorized under COMELEC
the election, and who are Special Provision No. 2 of the
duly registered in the list of Republic Act No. 9162.
the sangguniang kabataan
32
or in the official barangay list The funds mentioned above may

be augmented by an amount not
Page

exceeding ten percent (10%) of other organization; and no political

the sangguniang kabataan funds party, political group, political
reserved pursuant to Section 532
committee, civic, religious,
(c) of Republic Act No. 7160.
professional, or other organization or
Section 9. Applicability of Other organized group of whatever nature
Election Laws. – The Omnibus shall intervene in his nomination or in
Election Code and other existing
the filing of his certificate of
election laws, as far as
practicable, shall apply to candidacy or give aid or support,
barangay and sangguniang directly or indirectly, material or
kabataan elections. otherwise favorable to or against his
campaign for election: Provided, That
Section 10. Implementing Rules
and Regulations. The COMELEC this provision shall not apply to the
shall promulgate such rules and members of the family of a candidate
regulations necessary to within the fourth civil degree of
implement this Act. consanguinity or affinity nor to the
Section 11. Separability Clause. – personal campaign staff of the
If any provision of this Act is candidate which shall not be more
declared unconstitutional or than one for every one hundred
invalid, such sections or parts not registered voters in his barangay:
affected thereby shall remain in
full force and effect. Provided, however, That without
prejudice to any liability that may be
Section 12. Repealing Clause. – incurred, no permit to hold a public
All decrees, executive orders, meeting shall be denied on the
rules and regulations, or parts
thereof, inconsistent with the ground that the provisions of this
provisions of this Act are hereby paragraph may or will be violated.
repealed or modified accordingly.
Nothing in this section, however,
Section 13. Effectivity Clause. – shall be construed as in any manner
This Act shall take effect seven (7) affecting or constituting an
days after its complete publication
impairment of the freedom of
in two (2) newspapers of general
circulation. individuals to support or oppose any
candidate for any barangay office.
Section 38. Conduct of elections. -
The barangay election shall be non- Section 39. Certificate of Candidacy. -
partisan and shall be conducted in an No person shall be elected punong
expeditious and inexpensive manner. barangay or kagawad ng sangguniang
barangay unless he files a sworn
No person who files a certificate of certificate of candidacy in triplicate
candidacy shall represent or allow on any day from the commencement
33
himself to be represented as a of the election period but not later

candidate of any political party or any
Page
than the day before the beginning of

the campaign period in a form to be election a board of election tellers in

prescribed by the Commission. The every barangay polling place, to be
candidate shall state the barangay composed of a public elementary
office for which he is a candidate. school teacher as chairman, and two
members who are registered voters
The certificate of candidacy shall be
of the polling place concerned, but
filed with the secretary of the
who are not incumbent barangay
sangguniang barangay who shall have
officials nor related to any candidate
the ministerial duty to receive said
for any position in that barangay
certificate of candidacy and to
within the fourth civil degree of
immediately acknowledge receipt
affinity or consanguinity.
thereof.
In case no public elementary school
In case the secretary refuses to
teachers are available, the
receive the same, or in the case of his
Commission shall designate any
absence or non-availability, a
registered voter in the polling place
candidate may file his certificate with
who is not an incumbent barangay
the election registrar of the city or
official nor related to any candidate
municipality concerned.
for any position in that barangay
The secretary of the sangguniang within the fourth civil degree of
barangay or the election registrar, as affinity or consanguinity.
the case may be, shall prepare a
(2) The board of election tellers shall
consolidated list all the candidates
supervise and conduct the election in
and shall post said list in the barangay
their respective polling places, count
hall and in other conspicuous places
the votes and thereafter prepare a
in the barangay at least ten days
report in triplicate on a form
before the election.
prescribed by the Commission. The
Any elective or appointive municipal, original of this report shall be
city, provincial or national official or delivered immediately to the
employee, or those in the civil or barangay board of canvassers. The
military service, including those in second copy shall be delivered to the
government-owned or controlled election registrar and the third copy
corporations, shall be considered shall be delivered to the secretary of
automatically resigned upon the filing the sangguniang barangay who shall
of certificate of candidacy for a keep the same on file.
barangay office.
Section 41. Registration of voters and
Section 40. Board of Election Tellers. - list of voters. - Not later than seven
days before the election, the board of
34
(1) The Commission shall constitute

election tellers shall meet in every
Page
not later than ten days before the

barangay polling place to conduct the or candidate, or his relative within

registration of barangay voters and to the fourth civil degree of
prepare the list of voters. Any voter consanguinity or affinity. The polling
may challenge the qualification of any place shall be centrally located as
person seeking to register and said possible, always taking into
challenge shall be heard and decided consideration the convenience and
on the same day by the board of safety of the voters.
election tellers.
Section 43. Official barangay ballots.
The final list of voters shall be posted - The official barangay ballots shall be
in the polling places at least two days provided by the city or municipality
before election day. The registration concerned of a size and color to be
of any voter shall not be transferred prescribed by the Commission.
without written notice at least two
Such official ballots shall, before they
days before the date of election. Not
are handed to the voter at the polling
later than the day following the
place, be authenticated in the
barangay election, the board of
presence of the voter, by the
election tellers shall deliver the list of
authorized representatives of the
voters to the election registrar for
candidates and the chairman and
custody and safekeeping.
members of the board of election
Section 42. Polling places. - (1) The tellers who shall affix their signatures
chairman of the board of election at the back thereof. Any ballot which
tellers shall designate the public is not authenticated shall be deemed
school or any other public building spurious.
within the barangay to be used as
Section 44. Ballot boxes. - The
polling place in case the barangay has
Commission shall provide the ballot
one election precinct. (2) For
boxes for each barangay polling
barangays with two or more election
place, but each candidate may be
precincts the chairman of the board
permitted to provide a padlock for
of canvassers shall designate the
said ballot box.
public school or any other public
building to be used as polling place. Section 45. Postponement or failure
of election. - When for any serious
In case there is no public school or
cause such as violence, terrorism, loss
other public building that can be used
or destruction of election
as polling places, other appropriate
paraphernalia or records, force
private buildings may be designated:
majeure, and other analogous causes
Provided, That such buildings are not
of such nature that the holding of a
owned or occupied or possessed by
35
free, orderly and honest election

any incumbent elective public official
Page
should become impossible in any

barangay, the Commission, upon a barangay election which was

verified petition of an interested postponed or suspended.
party and after due notice and
Section 46. Barangay board of
hearing at which the interested
canvassers. -
parties are given equal opportunity to
be heard, shall postpone the election (1) The Commission shall constitute a
therein for such time as it may deem board of canvassers at least seven
necessary. days before the election in each
barangay, to be composed of the
If, on account of force majeure,
senior public elementary school
violence, terrorism, fraud or other
teacher in the barangay as chairman,
analogous causes, the election in any
and two other public elementary
barangay has not been held on the
school teachers, as members.
date herein fixed or has been
suspended before the hour fixed by In case the number of public
law for the closing of the voting elementary school teachers is
therein and such failure or inadequate, the Commission shall
suspension of election would affect designate the chairman and members
the result of the election, the of the barangay board of canvassers
Commission, on the basis of a verified from among the board of election
petition of an interested party, and tellers.
after due notice and hearing, at
(2) The barangay board of canvassers
which the interested parties are given
shall meet immediately in a building
equal opportunity to be heard shall
where a polling place is found and
call for the holding or continuation of
which is most centrally located in the
the election within thirty days after it
barangay and after canvassing the
shall have verified and found that the
results from the various polling places
cause or causes for which the
within the barangay, proclaim the
election has been postponed or
winners. The board of canvassers
suspended have ceased to exist or
shall accomplish the certificate of
upon petition of at least thirty
proclamation in triplicate on a form
percent of the registered voters in
to be prescribed by the Commission.
the barangay concerned.
The original of the certificate shall be
When the conditions in these areas sent to the election registrar
warrant, upon verification by the concerned, the second copy shall be
Commission, or upon petition of at delivered to the secretary of the
least thirty percent of the registered sangguniang bayan or sangguniang
voters in the barangay concerned, it panglunsod, as the case may be, and
36
shall order the holding of the the third copy shall be kept on file by
Page

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
37
charge of the enforcement and

cases. - Inclusion and exclusion cases
Page
administration of all laws relative to

the conduct of elections for the of election officials and

purpose of ensuring free, orderly and inspectors, and registration
of voters.
honest elections, and shall:
4. Deputize, with the
THE FOLLOWING ARE THE POWERS concurrence of the
President, law enforcement
AND FUNCTIONS CONFERRED UPON
agencies and
THE COMELEC UNDER SECTION 2, instrumentalities of the
ARTICLE IX-C OF THE 1987 Government, including the
CONSTITUTION: Armed Forces of the
Philippines, for the exclusive
Section 2. The Commission on purpose of ensuring free,
Elections shall exercise the orderly, honest, peaceful,
following powers and functions: and credible elections.
5. Register, after sufficient
1. Enforce and administer all publication, political parties,
laws and regulations relative organizations, or coalitions
to the conduct of an election, which, in addition to other
plebiscite, initiative, requirements, must present
referendum, and recall. their platform or program of
2. Exercise exclusive original government; and accredit
jurisdiction over all contests citizens' arms of the
relating to the elections, Commission on Elections.
returns, and qualifications of Religious denominations and
all elective regional, sects shall not be registered.
provincial, and city officials, Those which seek to achieve
and appellate jurisdiction their goals through violence
over all contests involving or unlawful means, or refuse
elective municipal officials to uphold and adhere to this
decided by trial courts of Constitution, or which are
general jurisdiction, or supported by any foreign
involving elective barangay government shall likewise be
officials decided by trial refused registration.
courts of limited jurisdiction.
Financial contributions from
Decisions, final orders, or foreign governments and
rulings of the Commission their agencies to political
on election contests parties, organizations,
involving elective municipal coalitions, or candidates
and barangay offices shall related to elections,
be final, executory, and not constitute interference in
appealable. national affairs, and, when
accepted, shall be an
3. Decide, except those additional ground for the
involving the right to vote, all cancellation of their
questions affecting elections, registration with the
including determination of Commission, in addition to
38
the number and location of other penalties that may be

Page
polling places, appointment prescribed by law.

6. File, upon a verified cadets eighteen years of age and

complaint, or on its own above to act as its deputies for the
initiative, petitions in court
purpose of enforcing its orders.
for inclusion or exclusion of
voters; investigate and, The Commission may relieve any
where appropriate,
officer or employee referred to in the
prosecute cases of violations
of election laws, including preceding paragraph from the
acts or omissions performance of his duties relating to
constituting election frauds, electoral processes who violates the
offenses, and malpractices. election law or fails to comply with its
7. Recommend to the
Congress effective instructions, orders, decisions or
measures to minimize rulings, and appoint his substitute.
election spending, including Upon recommendation of the
limitation of places where Commission, the corresponding
propaganda materials shall
proper authority shall suspend or
be posted, and to prevent
and penalize all forms of remove from office any or all of such
election frauds, offenses, officers or employees who may, after
malpractices, and nuisance due process, be found guilty of such
candidacies. violation or failure.
8. Recommend to the
President the removal of any (b) During the period of the campaign
officer or employee it has
and ending thirty days thereafter,
deputized, or the imposition
of any other disciplinary when in any area of the country there
action, for violation or are persons committing acts of
disregard of, or terrorism to influence people to vote
disobedience to, its directive, for or against any candidate or
order, or decision.
political party, the Commission shall
9. Submit to the President and
the Congress, a have the power to authorize any
comprehensive report on the member or members of the Armed
conduct of each election, Forces of the Philippines, the
plebiscite, initiative,
National Bureau of Investigation, the
referendum, or recall.
Integrated National Police or any
(a) Exercise direct and immediate similar agency or instrumentality of
supervision and control over national the government, except civilian home
and local officials or employees, defense forces, to act as deputies for
including members of any national or the purpose of ensuring the holding
local law enforcement agency and of free, orderly and honest elections.
instrumentality of the government
(c) Promulgate rules and regulations
required by law to perform duties
implementing the provisions of this
39
relative to the conduct of elections.

Code or other laws which the
Page
In addition, it may authorize CMT

Commission is required to enforce Commission, upon proof of service of

and administer, and require the the subpoena to said witnesses, may
payment of legal fees and collect the issue a warrant to arrest witness and
same in payment of any business bring him before the Commission or
done in the Commission, at rates that the officer before whom his
it may provide and fix in its rules and attendance is required.
regulations.
Any controversy submitted to the
Rules and regulations promulgated by Commission shall, after compliance
the Commission to implement the with the requirements of due
provisions of this Code shall take process, be immediately heard and
effect on the sixteenth day after decided by it within sixty days from
publication in the Official Gazette or submission thereof. No decision or
in at least daily newspapers of resolution shall be rendered by the
general circulation. Orders and Commission either en banc or by
directives issued by the Commission division unless taken up in a formal
pursuant to said rules and regulations session properly convened for the
shall be furnished by personal purpose.
delivery to accredited political parties
The Commission may, when
within forty-eight hours of issuance
necessary, avail of the assistance of
and shall take effect immediately
any national or local law enforcement
upon receipt.
agency and/or instrumentality of the
In case of conflict between rules, government to execute under its
regulations, orders or directives of direct and immediate supervision any
the Commission in the exercise of its of its final decisions, orders,
constitutional powers and those instructions or rulings.
issued by any other administrative
RULE 14 OF THE COMELEC RULES OF
office or agency of the government
PROCEDURE ON SUMMONS
concerning the same matter relative
PROVIDE:
to elections, the former shall prevail.
(d) Summon the parties to a Rule 14 - Summons

controversy pending before it, issue Section 1. Clerk to Issue
subpoena and subpoena duces Summons. - Unless otherwise
tecum, and take testimony in any provided herein, the Clerk of Court
investigation or hearing before it, and of the Commission or the division
concerned shall issue the
delegate such power to any officer of corresponding summons to the
the Commission who shall be a protestee or respondent within
member of the Philippine Bar. In case three (3) days following the filing
40
of failure of a witness to attend, the of a protest or petition in ordinary

Page
actions except appeals from

decisions of courts in election Section 5. Return. - When the

protest cases, in special actions, service has been completed by
special cases, special reliefs, and personal service, the server shall
in special proceedings. give notice thereof, by registered
mail, to the protestant or petitioner
Section 2. Contents. - Summons or his counsel and shall return the
shall be directed to the protestee summons to the Clerk of Court
or respondent, signed by the Clerk concerned who issued it,
of Court of the Commission or the accompanied with the proof of
division concerned under the seal service.
of the Commission, and shall
contain (a) the name of the Section 6. Proof of Service. -
Commission or its Division and the Proof of service of summons shall
names of the parties; (b) a be made in the manner provided
direction that the protestee or for in the Rules of Court in the
respondent shall answer within the Philippines.
time fixed by these Rules.
A copy of the protest or petition PROCEDURE ON PRE TRIAL provides:
shall be attached to the original
and to each copy of the summons. Rule 15 - Pre-Trial
Section 3. Issuance of Other Section 1. Purpose of Pre-Trial. -
Summons. - If a summons is At the discretion of the
returned without being served on Commission or the Division, the
any of the protestees or parties and their attorneys may be
respondents, or if it has been lost, required to appear before it for a
the Clerk of Court concerned, on pre-trial conference to consider:
demand of the protestant or
petitioner, may issue another (a) The simplification of
summons as the case may issues;
require, in the same form as the
original. (b) The possibility of
obtaining admission of facts
Section 4. By Whom Summons and of documents to avoid
May be Served. - The summons unnecessary proof;
may be served by personal
service or by mail. Personal (c) The limitation of the
service may be made by a bailiff of number of witnesses; and
the Commission or the division or
upon request of the Commission (d) Such other matters as
or a Division, by the sheriff of any may be aid in the prompt
court in the place where the disposition of the action or
parties to be served reside; or for proceeding.
special reasons, by any person
especially authorized by the This rule shall not apply to election
Commission or a Division. protest cases filed before the
41
Commission on Elections. In such

cases, the parties shall submit, to
Page

form part of the record of the case, subpoena in connection with such
a position paper which cases.
summarizes their legal positions.
RULE 16 OF THE COMELEC RULES OF PROCEDURE ON HEARINGS provides:
PROCEDURE ON SUBPOENA
provides: Rule 17 - Hearings
Rule 16 - Subpoena Section 1. Notice of Hearing. -

After the issues have been joined,
Section 1. Subpoena Ad the case shall be set for hearing
Testificandum or Subpoena Duces and the parties, thru counsel, shall
Tecum. - Subpoena ad be served, personally or by
testificandum or subpoena duces registered mail, giving sufficient
tecum may be issued by the time for the notice thereof to be
Commission or the Division motu received by the parties not less
propio, or upon request of the than three (3) days before the date
parties in any case. set. Whenever necessary,
telegraphic notices shall be sent
Section 2. By Whom Issued. - simultaneously with the formal
The subpoena shall be heard by notice of hearing.
the Chairman of the Commission
in cases heard en banc, or by the Section 2. Order of Hearing. -
Presiding Commissioner of the Unless the Commission or the
Division concerned. Division, as the case may be, for
special reasons, directs otherwise,
Section 3. Form and Contents. - A the order of hearing shall be as
subpoena shall be signed by the follows:
Clerk of Court concerned. It shall
state the name of the Commission (a) The petitioner or
or the Division issuing it and the protestant shall present
title of the action; it shall be evidence on his part;
directed to the person whose
attendance is required, and in the (b) The protestant-in-
case of a subpoena duces tecum, intervention, if any, shall
it shall also contain a reasonable present evidence on his part;
description of the books,
(c) The respondent or
documents or things demanded
protestee shall then offer
which may appear prima facie
evidence in support of his
relevant.
defense or counter-protest, if
Section 4. Authority of Officials of any;
the Commission to Issue
(d) The parties may then
Subpoena. - Officials of the
respectively offer rebutting
Commission authorized under
evidence only, unless the
these Rules to hear cases and
Commission or the Division,
receive evidence or conduct
42
as the case may be, for

preliminary investigation shall
good reasons, in the
Page
have the authority to issue

furtherance of justice, purpose Section 6 of Rule 34 of

permits them to offer these Rules.
evidence upon their original
case; Section 4. Period to Terminate
Hearing When Delegated. - The
(e) When the evidence is hearing and reception of evidence,
concluded, unless the when delegated by the
parties agree to submit the Commission or a Division to any of
case without arguments, the its officials, shall be completed
parties or their counsel may within three (3) days. The official
be allowed to argue, subject concerned shall submit his
to such limitation of time as findings, report and
the Commission or the recommendation to the
Division may prescribe; Commission or the Division within
three (3) days from such
(f) In lieu of oral arguments, completion.
the parties may be allowed
to submit their respective Section 5. Agreement on Facts. -
memoranda within a period The parties to any action may
of three (3) days. agree in writing on the facts
involved in the case.
Section 3. Oral Testimony
Dispensed with Where (e) Punish contempts provided for in
Proceedings are Summary. - the Rules of Court in the same
When the proceedings are
procedure and with the same
authorized to be summary, in lieu
of oral testimonies, the parties penalties provided therein. Any
may, after due notice, be required violation of any final and executory
to submit their position paper decision, order or ruling of the
together with affidavits, counter- Commission shall constitute
affidavits and other documentary
evidence; and when there is a contempt thereof.
need for clarification of certain RULE 29 OF THE COMELEC RULES OF
matters, at the discretion of the
Commission or the Division, the PROCEDURE ON CONTEMPT
parties may be allowed to cross- provides:
examine the affiants.
Rule 29 - Contempt
This provision shall likewise apply
to cases where the hearing and Section 1. Direct Contempt
reception of evidence are Punished Summarily. - A person
delegated by the Commission or guilty of misbehavior in the
the Division to any of its officials; presence of or so near the
and when there is a need for Commission or any of its Divisions
clarification of certain matters, the as to obstruct or interrupt the
hearing officer may schedule a proceedings before it or them,
hearing to propound clarificatory including disrespect toward the
43
questions, observing for that Commission or Division, offensive

personalities toward others or
Page

refusal to be sworn or to answer to impede, obstruct, or

as a witness, or to subscribe to an degrade the administration
affidavit or deposition when of justice by the Commission
lawfully required to do so, may be or any of its Divisions;
summarily adjudged in direct
contempt by the Commission or (e) Assuming to be an
any of its Division and punished by attorney and acting as such
a fine not exceeding two hundred without authority; and
(P200.00) pesos or imprisonment
not exceeding ten (10) days, or (f) Failure to obey a
both, at the discretion of the subpoena duly served.
Commission or Division.
Section 3. Penalty for Indirect
Section 2. Indirect Contempt. - Contempt. - If adjudged guilt, the
After charge in writing has been accused may be punished by a
filed with the Commission or fine not exceeding one thousand
Division, as the case may be, and (P1,000.00) pesos or
an opportunity given to the imprisonment for not more than six
respondent to be heard by himself (6) months, or both, at the
or counsel, a person guilty of the discretion of the Commission or
following acts may be punished for Division.
indirect contempt:
Section 4. Warrant of Arrest on a
(a) Misbehavior of the Witness Who Fails to Attend. -
responsible officer of the Any provision of these Rules to
Commission in the the contrary notwithstanding, in
performance of his official case of failure of a witness to
duties or in his official attend despite the issuance of a
transactions; valid subpoena, the Commission
or any of its Divisions, upon proof
(b) Disobedience of or of service of the subpoena to said
resistance to a lawful writ, witness, may issue a warrant of
process, order, judgment or arrest against said witness and
command of the direct that he be brought before
Commission or any of its the Commission or any of its
Divisions, or injunction or Divisions where his attendance is
restraining order granted by required.
it;
(f) Enforce and execute its decisions,
(c) Any abuse of or any directives, orders and instructions
unlawful interference with which shall have precedence over
the process or proceedings
those emanating from any other
of the Commission or any of
its Divisions not constituting authority, except the Supreme Court
direct contempt under and those issued in habeas corpus
Section 1 of this Rules; proceedings.
44
(d) Any improper conduct

tending, directly or indirectly,
Page

(g) Prescribe the forms to be used in are elected by district,

the election, plebiscite or all elective municipal
officials in the district;
referendum.
and in cases where
CHAPTER 5, TITLE 2 OF RA 7160 ON sangguniang
panlungsod members
RECALL provides:
are elected by district,
all elective barangay
Section 69. By Whom officials in the district;
Exercised. - The power of recall and
for loss of confidence shall be
exercised by the registered voters (4) Municipal level. -
of a local government unit to which All punong barangay
the local elective official subject to and sangguniang
such recall belongs. barangay members in
the municipality.
Section 70. Initiation of the Recall
Process. - (c) A majority of all the
preparatory recall assembly
(a) Recall may be initiated members may convene in
by a preparatory recall session in a public place and
assembly or by the initiate a recall proceedings
registered voters of the local against any elective official
government unit to which the in the local government unit
local elective official subject concerned. Recall of
to such recall belongs. provincial, city, or municipal
officials shall be validly
(b) There shall be a
initiated through a resolution
adopted by a majority of all
in every province, city,
the members of the
district, and municipality
which shall be composed of
concerned during its session
the following:
called for the purpose.
(1) Provincial level. -
(d) Recall of any elective
All mayors, vice-
provincial, city, municipal, or
mayors, and
barangay official may also
sanggunian members
be validly initiated upon
of the municipalities
petition of at least twenty-
and component cities;
five percent (25%) of the
(2) City level. - All total number of registered
punong barangay and voters in the local
sanggunian barangay government unit concerned
members in the city; during the election in which
the local official sought to be
(3) Legislative District recalled was elected.
level. - In case where
45
sangguniang (1) A written petition

for recall duly signed
Page
panlalawigan members

before the election the official sought to be

registrar or his recalled.
representative, and in
the presence of a Section 71. Election on Recall. -
representative of the Upon the filing of a valid resolution
petitioner and a or petition for recall with the
representative of the appropriate local office of the
official sought to be COMELEC, the Commission or its
recalled and, and in a duly authorized representative
public place in the shall set the date of the election
province, city, on recall, which shall not be later
municipality, or than thirty (30) days after the filing
barangay, as the case of the resolution or petition for
may be, shall be filed recall in the case of the barangay,
with the COMELEC city, or municipal officials. and
through its office in the forty-five (45) days in the case of
local government unit provincial officials. The official or
concerned. The officials sought to be recalled shall
COMELEC or its duly automatically be considered as
authorized duly registered candidate or
representative shall candidates to the pertinent
cause the publication positions and, like other
of the petition in a candidates, shall be entitled to be
public and voted upon.
conspicuous place for
a period of not less Section 72. Effectivity of Recall. -
than ten (10) days nor The recall of an elective local
more than twenty (20) official shall be effective only upon
days, for the purpose the election and proclamation of a
of verifying the successor in the person of the
authenticity and candidate receiving the highest
genuineness of the number of votes cast during the
petition and the election on recall. Should the
required percentage of official sought to be recalled
voters. receive the highest number of
votes, confidence in him is thereby
(2) Upon the lapse of affirmed, and he shall continue in
the aforesaid period, office.
the COMELEC or its
duly authorized Section 73. Prohibition from
representative shall Resignation. - The elective local
announce the official sought to be recalled shall
acceptance of not be allowed to resign while the
candidates to the recall process is in progress.
position and thereafter
prepare the list of Section 74. Limitations on
candidates which shall Recall. -
46
include the name of

Page

(a) Any elective local official (100) in case of

may be the subject of a municipalities, and fifty (50)
recall election only once in case of barangays, may
during his term of office for file a petition with the
loss of confidence. sanggunian concerned
proposing the adoption,
(b) No recall shall take place enactment, repeal, or
within one (1) year from the amendment of an ordinance.
date of the official's
assumption to office or one (b) If no favorable action
(1) year immediately thereon is taken by the
preceding a regular local sanggunian concerned
election. within thirty (30) days from
its presentation, the
Section 75. Expenses Incident to proponents, through their
Recall Elections. - All expenses duly authorized and
incident to recall elections shall be registered representatives,
borne by the COMELEC. For this may invoke their power of
purpose, there shall be included in initiative, giving notice
the annual General Appropriations thereof to the sanggunian
Act a contingency fund at the concerned.
disposal of the COMELEC for the
conduct of recall elections. (c) The proposition shall be
numbered serially starting
CHAPTER 2, TITLE 9 OF RA from Roman numeral I. The
7160 ON LOCAL INITIATIVE COMELEC or its designated
AND REFERENDUM provides: representative shall extend
assistance in the formulation
Section 120. Local Initiative of the proposition.
Defined. - Local initiative is the
legal process whereby the (d) Two (2) or more
registered voters of a local propositions may be
government unit may directly submitted in an initiative.
propose, enact, or amend any
ordinance. (e) Proponents shall have
ninety (90) days in case of
Section 121. Who May Exercise. - provinces and cities, sixty
The power of local initiative and (60) days in case of
referendum may be exercised by municipalities, and thirty (30)
all registered voters of the days in case of barangays,
provinces, cities, municipalities, from notice mentioned in
and barangays. subsection (b) hereof to
collect the required number
Section 122. Procedure in Local of signatures. (f) The petition
Initiative. - shall be signed before the
election registrar. or his
(a) Not less than one designated representatives,
47
thousand (1,000) registered in the presence of a

voters in case of provinces representative of the
Page
and cities, one hundred

proponent, and a fifteen (15) days after certification

representative of the by the COMELEC as if affirmative
sanggunian concerned in a action thereon had been made by
public place in the local the sanggunian and local chief
government unit, as the case executive concerned. If it fails to
may be. Stations for obtain said number of votes, the
collecting signatures may be proposition is considered
established in as many defeated.
places as may be warranted.
Section 124. Limitations on Local
(g) Upon the lapse of the Initiative. -
period herein provided, the
COMELEC, through its office (a) The power of local
in the local government unit initiative shall not be
concerned, shall certify as to exercised more than once a
whether or not the required year.
number of signatures has
been obtained. Failure to (b) Initiative shall extend
obtain the required number only to subjects or matters
defeats the proposition. which are within the legal
powers of the sanggunian to
(h) If the required number of enact.
signatures is obtained, the
COMELEC shall then set a (c) If at any time before the
date for the initiative during initiative is held, the
which the proposition shall sanggunian concerned
be submitted to the adopts in toto the proposition
registered voters in the local presented and the local chief
government unit concerned executive approves the
for their approval within sixty same, the initiative shall be
(60) days from the date of cancelled. However, those
certification by the against such action may, if
COMELEC, as provided in they so desire, apply for
subsection (g) hereof, in initiative in the manner
case of provinces and cities, herein provided.
forty-five (45) days in case of
municipalities, and thirty (30) Section 125. Limitations upon
days in case of barangays. Sanggunians. - Any proposition or
The initiative shall then be ordinance approved through the
held on the date set, after system of initiative and
which the results thereof referendum as herein provided
shall be certified and shall not be repealed, modified or
proclaimed by the amended by the sanggunian
COMELEC. concerned within six (6) months
from the date of the approval
Section 123. Effectivity of Local thereof, and may be amended,
Propositions. - If the proposition is modified or repealed by the
48
approved by a majority of the sanggunian within three (3) years

thereafter by a vote of three-
Page
votes cast, it shall take effect

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
49
ensuring free, orderly and honest

Page
elections in any constituency.

Such groups or organizations shall political parties and candidates.

function under the direct and Members or units of any citizen
immediate control and supervision of group or organization so designated
the Commission and shall perform by the Commission except its lone
the following specific functions and duly accredited watcher, shall not be
duties: allowed to enter any polling place
except to vote, and shall, if they so
A. Before Election Day:
desire, stay in an area at least fifty
1. Undertake an information meters away from the polling place.
campaign on salient features of this
3. Report to the peace authorities
Code and help in the dissemination of
and other appropriate agencies all
the orders, decisions and resolutions
instances of terrorism, intimidation of
of the Commission relative to the
voters, and other similar attempts to
forthcoming election.
frustrate the free and orderly casting
2. Wage a registration drive in their of votes.
respective areas so that all citizens of
4. Perform such other functions as
voting age, not otherwise disqualified
may be entrusted to such group or
by law may be registered.
organization by the Commission.
3. Help cleanse the list of voters of
The designation of any group or
illegal registrants, conduct house-to-
organization made in accordance
house canvass if necessary, and take
herewith may be revoked by the
the appropriate legal steps towards
Commission upon notice and hearing
this end.
whenever by its actuations such
4. Report to the Commission group or organization has shown
violations of the provisions of this partiality to any political party or
Code on the conduct of the political candidate, or has performed acts in
campaign, election propaganda and excess or in contravention of the
electoral expenditures. functions and duties herein provided
and such others which may be
B. On Election Day:
granted by the Commission.
1. Exhort all registered voters in their
(l) Conduct hearings on controversies
respective areas to go to their polling
pending before it in the cities or
places and cast their votes.
provinces upon proper motion of any
2. Nominate one watcher for party, taking into consideration the
accreditation in each polling place materiality and number of witnesses
and each place of canvass who shall to be presented, the situation
50
have the same duties, functions and prevailing in the area and the fund
Page
rights as the other watchers of available for the purpose.

(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
51
implementation or enforcement of its

assignment of field offices. - The
Page

Commission may make changes in affirmation of the complainant and

the composition, distribution and the witnesses
assignment of field offices, as well as
2. To stop any illegal election activity,
its personnel, whenever the
or confiscate, tear down, and stop
exigencies of the service and the
any unlawful, libelous, misleading or
interest of free, orderly, and honest
false election propaganda, after due
election so require: Provided, That
notice and hearing.
such changes shall be effective and
enforceable only for the duration of 3. To inquire into the financial
the election period concerned and records of candidates and any
shall not affect the tenure of office of organization or group of persons,
the incumbents of positions affected motu proprio or upon written
and shall not constitute a demotion, representation for probable cause by
either in rank or salary, nor result in any candidate or group of
change of status: and Provided,
persons or qualified voter, after due
further, That there shall be no
notice and hearing.
changes in the composition,
distribution or assignment within For purposes of this section, the
thirty days before election, except for Commission may avail itself of the
cause and after due notice and assistance of the Commission on
hearing, and that in no case shall a Audit, the Central Bank, the National
regional or assistant regional director Bureau of Investigation, the Bureau
be assigned to a region; a provincial of Internal Revenue, the Armed
election supervisor to a province; or a Forces of the Philippines, the
city or municipal election registrar to Integrated National Police of the
a city or municipality, where he Philippines, barangay officials, and
and/or his spouse are related to any other agencies of the government.
candidate within the fourth civil
Section 58. Disqualifications of
degree of consanguinity or affinity as
members of the Commission. - The
the case may be.
chairman and members of the
Section 57. Measures to ensure Commission shall be subject to the
enforcement. - For the effective canons of judicial ethics in the
enforcement of the provisions of this discharge of their functions.
Code, the Commission is further
No chairman or commissioner shall
vested and charged with the
sit in any case in which he has
following powers, duties and
manifested bias or prejudice for or
responsibilities:
against or antagonism against any
52
1. To issue search warrants after party thereto and in connection

Page
examination under oath or therewith, or in any case in which he

would be disqualified under the Rules expressed prejudgment as may be

of Court. If it be claimed that the shown by convincing proof, or in
which the subject thereof is a
chairman or a commissioner is
decision promulgated by him while
disqualified as above provided, the previously serving as presiding
party objecting to his competency judge of an inferior court, without
may file his objection in writing with the written consent of all the
the Commission stating the ground parties, signed by them and
entered in the records of the case;
therefor. The official concerned shall Provided, that no Member shall be
continue to participate in the hearing the "ponente" of an en banc
or withdrawn therefrom in decision/resolution on a motion to
accordance with his determination of reconsider a decision/resolution
written by him in a Division.
the question of his disqualification.
The decision shall forthwith be made (b) If it be claimed that a
in writing and filed with the other Member is disqualified from
papers of the case in accordance with sitting as above provided,
the party raising the issue
the Rules of Court. If a
may, in writing, file his
disqualification should result in a lack objection with the
of quorum in the Commission sitting Commission, stating the
en banc, the Presiding Justice of the grounds therefor. The
Intermediate Appellate Court shall member concerned shall
either continue to participate
designate a justice of said court to sit in the hearing or withdraw
in said case for the purpose of therefrom, in accordance
hearing and reaching a decision with his determination of the
thereon. question of his
disqualification. His decision
RULE 4 OF THE COMELEC RULES OF thereon shall forthwith be
PROCEDURE PROVIDES FOR THE made in writing and filed with
the Commission for proper
DISQUALIFICATION AND INHIBITION
notation and with the records
OF MEMBERS OF COMELEC of the case. No appeal or
stay shall be allowed from,
Rule 4 - Disqualification and or by reason of, his decision
Inhibition in favor of his own
competency until after final
Section 1. Disqualification or judgment in the case.
Inhibition of Members. - (a) No
Member shall sit in any case in (c) A Member may, in the
which he or his spouse or child is exercise of his sound
related to any party within the sixth discretion, inhibit himself
civil degree or consanguinity or from sitting in a case for just
affinity, or to the counsel of any of or valid reasons other than
the parties within the fourth civil those mentioned above.
53
degree of consanguinity or affinity,

Page
or in which he has publicly

Section 2. Disqualification votes cast in the constituency in

Resulting in Lack of Quorum. - If which it nominated and supported a
the disqualification or inhibition of
candidate or candidates in the
a Member should result in a lack
of quorum in the Commission election next following its registration
sitting en banc, the Presiding shall, after notice and hearing be
Justice of the Court of Appeals, deemed to have forfeited such status
upon request of the Commission, as a registered political party in such
shall designate a Justice of said
Court to sit in said case for the constituency.
purpose of hearing and rendering Section 61. Registration. - Any
a decision thereon.
organized group of persons seeking
Section 59. Publication of official registration as a national or regional
ballots and election returns and political party may file with the
printing thereof. - The Commission Commission a verified petition
shall publish at least ten days before attaching thereto its constitution and
an election in a newspaper of general by-laws, platform or program of
circulation certified data on the government and such other relevant
number of official ballots and election information as may be required by
returns and the names and addresses the Commission. The Commission
of the printers and the number shall, after due notice and hearing,
printed by each. resolve the petition within ten days
from the date it is submitted for
ARTICLE VIII
decision.
POLITICAL PARTIES
No religious sect shall be registered
Section 60. Political party. - "Political
as a political party and no political
party" or "party", when used in this
party which seeks to achieve its goal
Act, means an organized group of
through violence shall be entitled to
persons pursuing the same ideology,
accreditation.
political ideas or platforms of
government and includes its Section 62. Publication of petition for
branches and divisions. To acquire registration or accreditation. - The
juridical personality, quality it for Commission shall require publication
subsequent accreditation, and to of the petition for registration or
entitle it to the rights and privileges accreditation in at least three
herein granted to political parties, a newspapers of general circulation
political party shall first be duly and shall, after due notice and
registered with the Commission. Any hearing, resolve the petition within
registered political party that, singly fifteen days from the date it is
or in coalition with others, fails to submitted for decision.
54
obtain at least ten percent of the

Page

RULE 32 OF THE COMELEC RULES OF Convention delegates, if

PROCEDURE ON REGISTRATION OF any;
POLITICAL PARTIES OR (6) The extent of its
ORANIZATION provides: constituency;
Rule 32 - Registration of (7) Its program of

Political Parties or Organization government;
Section 1. Petition for (8) That it is not a religious

Registration. - Any political party, sect or denomination;
organization or coalition of political
parties seeking registration (9) That it shall not pursue
pursuant to Section 2 (5), its goals through violence or
Subdivision C of Article IX of the other unlawful means;
Constitution shall file with the Law
Department of the Commission a (10) That it shall uphold and
petition duly verified by its adhere to the Constitution
President and Secretary -General, and shall obey all laws and
or any official duly authorized to legal orders promulgated by
do so under its Constitution and duly constituted authorities;
By-laws;
(11) That it is not supported
Section 2. Contents of Petition. - by, nor does it accept
The petition for registration shall financial contribution from
state the following: any foreign government or
their agencies; and
(1) Full name of the political
party, organization or (12) Other information that
coalition of political parties; may be material and
relevant to the petition.
(2) The principal
headquarters and post office Section 3. Other Requirements. -
address for election The petitioner shall attach to the
purposes, including its petition for registration ten (10)
branches and divisions, if copies of its constitution and by-
any; laws, party platform,
organizational papers,
(3) The date and place of its declarations of political creed or
organization; code of political ethics and such
other documents of similar or
(4) The date and manner of equivalent character.
election or selection of its
officers; Section 4. Verification. - Before
taking action on the petition, the
(5) The names and Commission shall first verify,
addresses of its organizers through its filed offices, the status
and officers, Executive and capacity of the petitioner and
55
Committee members, the veracity of the allegations in

Page
Directorate, or Party the petition and its enclosures. Not

later than fifteen (15) days from organizations or any of its

notice of the Commission's candidates, of financial
instruction, the field office contributions from foreign
concerned shall submit its written governments and/or their
report, in ten (10) copies, together agencies for activities
with supporting documents or related to elections;
records, if any.
b) Violation of laws, rules or
Section 5. Notice of Hearing. - regulations relating to
Upon receipt of the reports from its elections, plebiscites,
field offices, the Commission shall referenda, or initiative;
immediately set the petition for
hearing and shall send notices to c) Untruthful statements in
the petitioner and other parties its petition for registration;
concerned.
d) The said political party,
Section 6. Publication of Petition coalition of political parties or
and notice of Hearing. - On the organization has become a
day following the receipt of the religious sect or
notice of hearing, the petitioner denomination, is pursuing its
shall cause the publication of the goals thru violence or other
petition, together with the notice of unlawful means, is refusing
hearing, in three (3) daily to adhere to or uphold the
newspaper of general circulation, Constitution of the
notifying in writing the Commission Philippines, or is receiving
of such action. support from any foreign
government, and
Section 7. Certificate of
Registration. - A certificate of e) Failure to comply with
registration shall be issued by the applicable laws, rules or
Commission upon approval of the regulations of the
petition, which shall be displayed Commission.
in the main office and in all
chapters of the petitioner. f) Failure to field official
candidates in the last two
Section 8. Cancellation of proceeding elections or
Registration. - Upon verified failure of their candidates to
complaint of any interested party, obtain at least five (5) per
or motu proprio by the centum of the votes cast in
Commission, the registration of the last two preceding
any political party, coalition of elections.
political parties or organization
under the party-list system may be ARTICLE IX
cancelled after due notice and ELIGIBILITY OF CANDIDATES AND
hearing on the following grounds: CERTIFICATE OF CANDIDACY
a) Acceptance by the Section 63. Qualifications for
56
political party, coalition of President and Vice-President of the

political parties, or
Page
Philippines. - No person may be

elected President unless he is a twenty-five years of age, able to read

natural-born citizen of the and write, a registered voter in the
Philippines, a registered voter, able constituency in which he shall be
to read and write, at least forty years elected, and a resident thereof for a
of age on the day of election, and a period of not less than six months
resident of the Philippines for at least immediately preceding the day of the
ten years immediately preceding such election.
election.
A sectoral representative shall be a
SECTION 63 HAS BEEN AMENDED BY natural-born citizen of the
SECTIONS 2 AND 3, ARTICLE VII OF Philippines, able to read and write, a
THE 1987 CONSTITUTION, provides – resident of the Philippines, able to
read and write, a resident of the
Section 2. No person may be Philippines for a period of not less
elected President unless he is a
natural-born citizen of the than one year immediately preceding
Philippines, a registered voter, the day of the election, a bona fide
able to read and write, at least member of the sector he seeks to
forty years of age on the day of represent, and in the case of a
the election, and a resident of the
representative of the agricultural or
Philippines for at least ten years
immediately preceding such industrial labor sector, shall be a
election. registered voter, and on the day of
the election is at least twenty-five
Section 3. There shall be a Vice-
years of age.
President who shall have the
same qualifications and term of The youth sectoral representative
office and be elected with, and in
should at least be eighteen and not
the same manner, as the
President. He may be removed be more than twenty-five years of
from office in the same manner as age on the day of the election:
the President. Provided, however, That any youth
The Vice-President may be sectoral representative who attains
appointed as a Member of the the age of twenty-five years during
Cabinet. Such appointment his term shall be entitled to continue
requires no confirmation. in office until the expiration of his
Section 64. Qualifications for term.
Members of the Batasang Pambansa. SECTION 64 HAS BEEN AMENDED BY
- No person shall be elected Member SECTIONS 3 AND 4 ARTICLE VI 1987
of the Batasang Pambansa as CONSTITUTION provides:
provincial, city or district
representative unless he is a natural- Section 3. No person shall be a
57
born citizen of the Philippines and, on Senator unless he is a natural-

born citizen of the Philippines and,
Page
the day of the election, is at least

on the day of the election, is at more than three consecutive

least thirty-five years of age, able terms. Voluntary renunciation of
to read and write, a registered the office for any length of time
voter, and a resident of the shall not be considered as an
Philippines for not less than two interruption in the continuity of his
years immediately preceding the service for the full term for which
day of the election. he was elected.
Section 4. The term of office of Section 65. Qualifications of elective

the Senators shall be six years local officials. - The qualifications for
and shall commence, unless
elective provincial, city, municipal
otherwise provided by law, at noon
on the thirtieth day of June next and barangay officials shall be those
following their election. No provided for in the Local Government
Senator shall serve for more than Code.
two consecutive terms. Voluntary
renunciation of the office for any SECTION 39 OF RA 7160 or the
length of time shall not be LOCAL GOVERNMENT CODE provides
considered as an interruption in –
the continuity of his service for the
full term of which he was elected.
Section 39. Qualifications. -
SECTIONS 6 AND 7, ARTICLE VI
(a) An elective local official
1987 CONSTITUTION provides –
must be a citizen of the
Section 6. No person shall be a Philippines; a registered
Member of the House of voter in the barangay,
Representatives unless he is a municipality, city, or province
natural-born citizen of the or, in the case of a member
Philippines and, on the day of the of the sangguniang
election, is at least twenty-five panlalawigan, sangguniang
years of age, able to read and panlungsod, or sangguniang
write, and, except the party-list bayan, the district where he
representatives, a registered voter intends to be elected; a
in the district in which he shall be resident therein for at least
elected, and a resident thereof for one (1) year immediately
a period of not less than one year preceding the day of the
immediately preceding the day of election; and able to read
the election. and write Filipino or any
other local language or
Section 7. The Members of the dialect.
House of Representatives shall be
elected for a term of three years (b) Candidates for the
which shall begin, unless position of governor, vice-
otherwise provided by law, at noon governor, or member of the
on the thirtieth day of June next sangguniang panlalawigan,
following their election. No or mayor, vice-mayor or
58
Member of the House of member of the sangguniang

Representatives shall serve for panlungsod of highly
Page
urbanized cities must be at

least twenty-one (21) years elective official concerned

of age on election day. was elected.
(c) Candidates for the Section 66. Candidates holding

position of mayor or vice- appointive office or positions. - Any
mayor of independent
person holding a public appointive
component cities,
component cities, or office or position, including active
municipalities must be at members of the Armed Forces of the
least twenty-one (21) years Philippines, and officers and
of age on election day. employees in government-owned or
(d) Candidates for the controlled corporations, shall be
position of member of the considered ipso facto resigned from
sangguniang panlungsod or his office upon the filing of his
sangguniang bayan must be certificate of candidacy.
at least eighteen (18) years
of age on election day. Section 67. Candidates holding
elective office. - Any elective official,
(e) Candidates for the
position of punong barangay whether national or local, running for
or member of the any office other than the one which
sangguniang barangay must he is holding in a permanent capacity,
be at least eighteen (18)
except for President and Vice-
years of age on election day.
President, shall be considered ipso
(f) Candidates for the facto resigned from his office upon
sangguniang kabataan must the filing of his certificate of
be at least fifteen (15) years
candidacy.
of age but not more than
twenty-one (21) years of age SECTION 14 RA 9006 or THE FAIR
on election day.
ELECTION ACT provides –
SECTION 43(b) of the LOCAL
Section 14. Repealing Clause. –
GOVERNMENT CODE or RA
7160 provides – Section 67 and 85 of the Omnibus
Election Code (Batas Pambansa
Section 43. Term of Office. - Bldg. 881) and Sections 10 and 11
of Republic Act No. 6646 are
(b) No local elective official
hereby repealed. As a
shall serve for more than
three (3) consecutive terms consequence, the first proviso in
in the same position. the third paragraph of Section 11
Voluntary renunciation of the of Republic Act No. 8436 is
office for any length of time rendered ineffective. All laws,
shall not be considered as presidential decrees, executive
an interruption in the orders, rules and regulations, or
59
continuity of service for the

any part thereof inconsistent with
full term for which the
Page
the provisions of this Act are

hereby repealed or modified or Section 261 of Batas Pambansa

amended accordingly. Blg. 881 supported by affidavits of
complaining witnesses attesting to
Section 68. Disqualifications. - Any
the offer or promise by or of the
candidate who, in an action or voter's acceptance of money or
protest in which he is a party is other consideration from the
declared by final decision of a relatives, leaders or sympathizers
competent court guilty of, or found of a candidate, shall be sufficient
by the Commission of having (a) given basis for an investigation to be
money or other material immediately conducted by the
consideration to influence, induce or Commission, directly or through its
corrupt the voters or public officials duly authorized legal officers,
performing electoral functions; (b) under Section 68 or Section 265 of
committed acts of terrorism to said Batas Pambansa Blg. 881.
enhance his candidacy; (c) spent in RULE 25 COMELEC RULES OF
his election campaign an amount in PROCEDURE on
excess of that allowed by this Code; DISQUALIFICATION OF
(d) solicited, received or made any CANDIDATES provides –
contribution prohibited under
Sections 89, 95, 96, 97 and 104; or (e) Rule 25 - Disqualification of
Candidates
violated any of Sections 80, 83, 85, 86
and 261, paragraphs d, e, k, v, and cc, Section 1. Grounds for
subparagraph 6, shall be disqualified Disqualification. - Any candidate
from continuing as a candidate, or if who does not possess all the
qualifications of a candidate as
he has been elected, from holding
provided for by the Constitution or
the office. Any person who is a by existing law or who commits
permanent resident of or an any act declared by law to be
immigrant to a foreign country shall grounds for disqualification may
not be qualified to run for any be disqualified from continuing as
a candidate.
elective office under this Code, unless
said person has waived his status as Section 2. Who May File Petition
permanent resident or immigrant of a for Disqualification. - Any citizen of
foreign country in accordance with voting age, or duly registered
political party, organization or
the residence requirement provided coalition of political parties may file
for in the election laws. with the Law Department of the
Commission a petition to disqualify
SECTION 28 of RA 6646 provides a candidate on grounds provided
by law.
Section 28. Prosecution of Vote-
buying and Vote-selling. - The Section 3. Period to File Petition. -
60
presentation of a complaint for The petition shall be filed any day

Page
violations of paragraph (a) or (b) of after the last day for filing of

certificates of candidacy but not SECTION 5 RA 6646 PROVIDES FOR

later than the date of THE PROCEDURE IN CASES OF
proclamation.
NUISANCE CANDIDATES –
Section 4. Summary
Proceeding. - The petition shall be Section 5. Procedure in Cases
heard summarily after due notice. of Nuisance Candidates. -
Section 5. Effect of Petition if (a) A Verified petition to

Unresolved Before Completion of declare a duly registered
Canvass. - If the petition, for candidate as a nuisance
reasons beyond the control of the candidate under Section 69
Commission, cannot be decided of Batas Pambansa Blg. 881
before the completion of the shall be filed personally or
canvass, the votes cast for the through duly authorized
respondent may be included in the representative with the
counting and in the canvassing; Commission by any
however, if the evidence of guilt is registered candidate for the
strong, his proclamation shall be same office within five (5)
suspended notwithstanding the days from the last day for
fact that he received the winning the filing of certificates of
number of votes in such election. candidacy. Filing by mail not
be allowed.
Section 69. Nuisance candidates. -
(b) Within three (3) days
The Commission may motu proprio from the filing of the petition,
or upon a verified petition of an the Commission shall issue
interested party, refuse to give due summons to the respondent
course to or cancel a certificate of candidate together with a
copy of the petition and its
candidacy if it is shown that said
enclosures, if any.
certificate has been filed to put the
election process in mockery or (c) The respondent shall be
disrepute or to cause confusion given three (3) days from
receipt of the summons
among the voters by the similarity of
within which to file his
the names of the registered verified answer (not a motion
candidates or by other circumstances to dismiss) to the petition,
or acts which clearly demonstrate serving copy thereof upon
that the candidate has no bona fide the petitioner. Grounds for a
motion to dismiss may be
intention to run for the office for raised as a affirmative
which the certificate of candidacy has defenses.
been filed and thus prevent a faithful
determination of the true will of the (d) The Commission may
designate any of its officials
electorate. who are lawyers to hear the
61
case and receive evidence.

The proceeding shall be
Page
summary in nature. In lieu of

oral testimonies, the parties process in mockery or disrepute or

may be required to submit to cause confusion among the
position papers together with voters by the similarity of the
affidavits or counter- names of the registered
affidavits and other candidates or who by other acts or
documentary evidence. The circumstances is clearly
hearing officer shall demonstrated to have no bona
immediately submit to the fide intention to run for the office
Commission his findings, for which the certificate of
reports, and candidacy has been filed, thus
recommendations within five preventing a faithful determination
(5) days from the completion of the true will of the electorate,
of such submission of may be declared a nuisance
evidence. The Commission candidate and his certificate of
shall render its decision candidacy may be denied due
within five (5) days from course or may be cancelled.
receipt thereof.
Section 2. Who May File Petition
(e) The decision, order, or to Declare a Candidate as
ruling of the Commission Nuisance Candidate. - Any
shall, after five (5) days from registered candidate for the same
receipt of a copy thereof by elective office may file with the
the parties, be final and Law Department of the
executory unless stayed by Commission a petition to declare a
the Supreme Court. candidate as a nuisance
candidate.
(f) The Commission shall
within twenty-four hours, The Commission may, at any time
through the fastest available before the election, motu proprio
means, disseminate its refuse to give due course to or
decision or the decision of cancel a Certificate of Candidacy
the Supreme Court to the of any candidate on any of the
city or municipal election grounds enumerated under
registrars, boards of election Section 1 of this Rule or when the
inspectors and the general substitute Certificate of Candidacy
public in the political is not a proper case of substitution
subdivision concerned. under Section 77 of the Omnibus
Election Code.
RULE 24 COMELEC RULES OF
PROCEDURE ON THE PROCEEDINGS Section 3. Period to File the
Petition. - The petition shall be
AGAINST NUISANCE CANDIDATES –
filed personally or through an
authorized representative, within
Rule 24 - Proceedings Against
five (5) days from the last day for
Nuisance Candidates
the filing of certificates of
Section 1. Grounds. - Any candidacy.
62
candidate for any elective office

who filed his certificate of
Page
candidacy to put the election

Section 4. Summary disqualified shall not be voted for,

Proceeding. - The petition shall be and the votes cast for him shall not
be counted. Nevertheless, if for any
Section 5. Delegation of reason, a candidate is not declared by
Reception of Evidence. - The final judgment before an election to
hearing and reception of evidence be disqualified and he is voted for
may be delegated in like manner
and receives the winning number of
as provided in Sec. 4 of the
preceding Rule. votes in such election, his violation of
the provisions of the preceding
Section 70. Guest candidacy. - A sections shall not prevent his
political party may nominate and/or proclamation and assumption to
support candidates not belonging to office.
it.
SECTION 71. Changing political party SECTION 6 OF RA 6646, provides –
affiliation – An elective official may
change party affiliation for purposes Section 6. Effect of
Disqualification Case. - Any
of the election next following his
candidate who has been declared
change of party within one year prior
by final judgment to be disqualified
to such election.
shall not be voted for, and the
SECTION 71 HAS BEEN AMENDED BY votes cast for him shall not be
SECTION 6 OF ARTICLE IX-C 1987 counted. If for any reason a
CONSTITUTION, provides: candidate is not declared by final
judgment before an election to be
Section 6. A free and open party disqualified and he is voted for
system shall be allowed to evolve and receives the winning number
according to the free choice of the of votes in such election, the Court
people, subject to the provisions of or Commission shall continue with
this Article.
the trial and hearing of the action,
Section 72. Effects of disqualification inquiry, or protest and, upon
cases and priority. - The Commission motion of the complainant or any
and the courts shall give intervenor, may during the
pendency thereof order the
priority to cases of disqualification by suspension of the proclamation of
reason of violation of this Act to the such candidate whenever the
end that a final decision shall be evidence of his guilt is strong.
rendered not later than seven days
Section 73. Certificate of candidacy. -
before the election in which the
No person shall be eligible for any
disqualification is sought.
elective public office unless he files a
63
Any candidate who has been sworn certificate of candidacy within

Page
declared by final judgment to be the period fixed herein.

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
64
he belongs; civil status; his date of

candidacy when he was elected. He
Page
birth; residence; his post office

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
65
may be: House of Representatives or any

Page
elective provincial, city or

municipal official shall be filed in positions shall be printed in the

five (5) legible copies with the election returns: Provided, That, if
offices of the Commission a candidate has been disqualified
specified hereunder not later than or declared a nuisance candidate,
the day before the date legally it shall be the duty of the
fixed for the beginning of his Commission to instruct without
campaign period. delay the appropriate election
officials to delete the name of said
(a) The certificate of candidate as printed in the
candidacy for President, election return.
Vice-President and Senators
shall be filed with the main The certificate of candidacy shall
office of the Commission in be filed by the candidate
Manila; personally or by his duly
authorized representative. No
(b) The certificate of certificate of candidacy shall be
candidacy for the Members filed or accepted by mail, telegram
of the House of or facsimile.
Representatives shall be
filed with the provincial Section 76. Ministerial duty of
election supervisor of the receiving and acknowledging receipt.
province concerned. Those
- The Commission, provincial election
for legislative districts in the
National Capital Region shall supervisor, election registrar or
be filed with the regional officer designated by the Commission
election director of said or the board of election inspectors
region and those for under the succeeding section shall
legislative districts in cities
outside the National Capital have the ministerial duty to receive
Region which comprise one and acknowledge receipt of the
or more legislative districts certificate of candidacy.
shall be filed with the city
election registrar concerned; Section 77. Candidates in case of
death, disqualification or withdrawal
(c) The certificate of of another. - If after the last day for
candidacy for provincial
offices shall be filed with the the filing of certificates of candidacy,
provincial supervisor an official candidate of a registered
concerned; and or accredited political party dies,
withdraws or is disqualified for any
(d) The certificate of
candidacy for city or cause, only a person belonging to,
municipal offices shall be and certified by, the same political
filed with the city or party may file a certificate of
municipal election registrar candidacy to replace the candidate
concerned.
who died, withdrew or was
66
Whenever practicable, the names disqualified. The substitute candidate

of registered candidates for local nominated by the political party
Page

concerned may file his certificate of be filed by the person exclusively on

candidacy for the office affected in the ground that any material
accordance with the preceding representation contained therein as
sections not later than mid-day of the required under Section 74 hereof is
day of the election. If the death, false. The petition may be filed at any
withdrawal or disqualification should time not later than twenty-five days
occur between the day before the from the time of the filing of the
election and mid-day of election day, certificate of candidacy and shall be
said certificate may be filed with any decided, after due notice and
board of election inspectors in the hearing, not later than fifteen days
political subdivision where he is a before the election.
candidate, or, in the case of
candidates to be voted for by the
PROCEDURE, provides –
entire electorate of the country, with
the Commission. Rule 23 - Petition to Deny Due
Course to or Cancel Certificates
SECTION 77 HAS BEEN of Candidacy
RA 9006, provides – Section 1. Grounds for Denial of
Certificate of Candidacy. - A
Section 12. Substitution of petition to deny due course to or
Candidates. – In case of valid cancel a certificate of candidacy
substitutions after the official for any elective office may be filed
ballots have been printed, the with the Law Department of the
Commission by any citizen of
votes cast for the substituted voting age or a duly registered
candidates shall be considered as political party, organization, or
stray votes but shall not invalidate coalition or political parties on the
the whole ballot. For this purpose, exclusive ground that any material
the official ballots shall provide representation contained therein
spaces where the voters may write as required by law is false.
the name of the substitute Section 2. Period to File Petition. -
candidates if they are voting for The petition must be filed within
the latter: Provided, however, That five (5) days following the last day
if the substitute candidate of the for the filing of certificate of
same family name, this provision candidacy.
shall not apply.
Section 3. Summary
Section 78. Petition to deny due Proceeding. - The petition shall be
course to or cancel a certificate of
candidacy. - A verified petition Section 4. Delegation of
seeking to deny due course or to Reception of Evidence. - The
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cancel a certificate of candidacy may Commission may designate any of

Page
its officials who are members of

the Philippine Bar to hear the case (4) Publishing or distributing

and to receive evidence campaign literature or materials
ARTICLE X designed to support or oppose the
CAMPAIGN AND ELECTION election of any candidate; or
PROPAGANDA (5) Directly or indirectly soliciting
Section 79. Definitions. - As used in votes, pledges or support for or
this Code: against a candidate.
(a) The term "candidate" refers to The foregoing enumerated acts if

any person aspiring for or seeking an performed for the purpose of
elective public office, who has filed a enhancing the chances of aspirants
certificate of candidacy by himself or for nomination for candidacy to a
through an accredited political party, public office by a political party,
aggroupment, or coalition of parties; aggroupment, or coalition of parties
shall not be considered as election
(b) The term "election campaign" or campaign or partisan election
"partisan political activity" refers to activity.
an act designed to promote the
election or defeat of a particular Public expressions or opinions or
candidate or candidates to a public discussions of probable issues in a
office which shall include: forthcoming election or on attributes
of or criticisms against probable
(1) Forming organizations, candidates proposed to be
associations, clubs, committees or nominated in a forthcoming political
other groups of persons for the party convention shall not be
purpose of soliciting votes and/or construed as part of any election
undertaking any campaign for or campaign or partisan political activity
against a candidate; contemplated under this Article.
(2) Holding political caucuses, Section 80. Election campaign or
conferences, meetings, rallies, partisan political activity outside
parades, or other similar assemblies, campaign period. - It shall be
for the purpose of soliciting votes unlawful for any person, whether or
and/or undertaking any campaign or not a voter or candidate, or for any
propaganda for or against a party, or association of persons, to
candidate; engage in an election campaign or
partisan political activity except
(3) Making speeches, announcements
during the campaign period:
or commentaries, or holding
Provided, That political parties may
interviews for or against the election
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hold political conventions or

of any candidate for public office;
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meetings to nominate their official

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 –
(a) Pamphlets, leaflets, cards, decals, Section 3. Lawful Election

stickers or other written or printed Propaganda. – Election
materials of a size not more than propaganda, whether on
eight and one-half inches in width television, cable television, radio,
newspapers or any other medium
and fourteen inches in length; is hereby allowed for all registered
political parties, national, regional,
(b) Handwritten or printed letters
sectoral parties or organizations
urging voters to vote for or against participating under the party list
any particular candidate; elections and for all bona fide
candidates seeking national and
(c) Cloth, paper or cardboard posters, local elective positions subject to
whether framed or posted, with an the limitation on authorized
area exceeding two feet by three expenses of candidates and
political parties, observance of
feet, except that, at the site and on
truth in advertising and to the
the occasion of a public meeting or supervision and regulation by the
rally, or in announcing the holding of Commission on Elections
said meeting or rally, streamers not (COMELEC).
exceeding three feet by eight feet in
For the purpose of this Act, lawful
size, shall be allowed: Provided, That election propaganda shall include:
said streamers may not be displayed
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except one week before the date of 3.1. Pamphlets, leaflets,

Page
cards, decals, stickers or

other written or printed unlawful for any person during the

materials the size of which campaign period to remove, destroy,
does not exceed eight and
obliterate, or in any manner deface
one half inches in width and
fourteen inches in length; or tamper with, or prevent the
distribution of lawful election
3.2. Handwritten or printed propaganda.
letters urging voters to vote
for or against any particular Section 84. Requirements for
political party or candidate published or printed election
for public office;
propaganda. - Any newspaper,
3.3. Cloth, paper or newsletter, newsweekly, gazette or
cardboard posters, whether magazine advertising, posters,
framed or posted, with an pamphlets, circulars, handbills,
area not exceeding two (2)
bumper stickers, streamers, simple
feet by three (3) feet, except
that, at the site and on the list of candidates or any published or
occasion of a public meeting printed political matter for or against
or rally, or in announcing the a candidate or group of candidates to
holding of said meeting or
any public office shall bear and be
rally, streamers not
exceeding three (3) feet by identified by the words "paid for by"
eight (8) feet in size, shall be followed by the true and correct
allowed: Provided, That said name and address of the payor and
streamers may be displayed by the words "printed by" followed
five (5) days before the date
by the true and correct name and
of the meeting or rally and
shall be removed within address of the printer.
twenty-four (24) hours after
said meeting or rally; SECTION 84 HAS BEEN AMENDED BY
SECTION 4 RA 9006, provides –
3.4. Paid advertisements in
print or broadcast Section 4. Requirements for
media: Provided, That the Published or Printed and
advertisements shall follow Broadcast Election Propaganda. –
the requirements set forth in 4.1. Any newspaper, newsletter,
Section 4 of this Act; and newsweekly, gazette or magazine
advertising, posters, pamphlets,
3.5. All other forms of comic books, circulars, handbills,
election propaganda not bumper stickers, streamers,
prohibited by the Omnibus sample list of candidates or any
Election Code or this Act. published or printed political
matter and any broadcast of
election propaganda by television
or radio for or against a candidate
Section 83. Removal, destruction or or group of candidates to any
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defacement of lawful election public office shall bear and be

Page
propaganda prohibited. - It shall be identified by the reasonably legible

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
Section 85. Prohibited forms of (e) For any radio broadcasting or

election propaganda. - It shall be television station to sell or give free
unlawful: of charge air time for campaign and
other political purposes except as
(a) To print, publish, post or authorized in this Code under the
distribute any poster, pamphlet, rules and regulations promulgated by
circular, handbill, or printed matter the Commission pursuant thereto.
urging voters to vote for or against
any candidate unless they bear the Any prohibited election propaganda
names and addresses of the printer gadget or advertisement shall be
and payor as required in Section 84 stopped, confiscated or torn down by
hereof; the representative of the Commission
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upon specific authority of the

Page
Commission.

SECTION 85 HAS BEEN AMENDED BY broadcasting and television stations

SECTION 14 RA 9006, provides – shall not unduly allow the scheduling
of any program or permit any
Section 14. Repealing Clause. –
sponsor to manifestly favor or
Section 67 and 85 of the Omnibus
oppose any candidate or political
Election Code (Batas Pambansa
Bldg. 881) and Sections 10 and 11 party by unduly or repeatedly
of Republic Act No. 6646 are referring to or including said
hereby repealed. As a candidate and/or political party in
consequence, the first proviso in such program respecting, however, in
the third paragraph of Section 11 all instances the right of said stations
of Republic Act No. 8436 is to broadcast accounts of significant
rendered ineffective. All laws, or newsworthy events and views on
presidential decrees, executive matters of public interest.
orders, rules and regulations, or
any part thereof inconsistent with (b) All contracts for advertising in any
the provisions of this Act are newspaper, magazine, periodical or
hereby repealed or modified or any form of publication promoting or
amended accordingly. opposing the candidacy of any person
for public office shall, before its
Section 86. Regulation of election
implementation, be registered by
propaganda through mass media. -
said newspaper, magazine, periodical
(a) The Commission shall promulgate or publication with the Commission.
rules and regulations regarding the In every case, it shall be signed by the
sale of air time for partisan political candidate concerned or by the duly
purposes during the campaign period authorized representative of the
to insure the equal time as to political party.
duration and quality in available to all
(c) No franchise or permit to operate
candidates for the same office or
a radio or television station shall be
political parties at the same rates or
granted or issued, suspended or
given free of charge; that such rates
cancelled during the election period.
are reasonable and not higher than
those charged other buyers or users Any radio or television stations,
of air time for non-political purposes; including that owned or controlled by
that the provisions of this Code the Government, shall give free of
regarding the limitation of charge equal time and prominence to
expenditures by candidates and an accredited political party or its
political parties and contributions by candidates if it gives free of charge air
private persons, entities and time to an accredited political party
institutions are effectively enforced; or its candidates for political
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and to ensure that said radio purposes.

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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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television, twenty percent (20%)

for radio and ten (10%) for print political party supporting official
Page

candidates or any candidate statement of expenses incurred in

individually or jointly with other connection therewith.
aspirants may hold peaceful political
Section 89. Transportation, food and
rallies, meetings, and other similar
drinks. - It shall be unlawful for any
activities during the campaign period:
candidate, political party,
Provided, That all applications for
organization, or any person to give or
permits to hold meetings, rallies and
accept, free of charge, directly or
other similar political activities,
indirectly, transportation, food or
receipt of which must be
drinks or things of value during the
acknowledged in writing and which
five hours before and after a public
application shall be immediately
meeting, on the day preceding the
posted in a conspicuous place in the
election, and on the day of the
city or municipal building, shall be
election; or to give or contribute,
acted upon in writing by local
directly or indirectly, money or things
authorities concerned within three
of value for such purpose.
days after the filing thereof and any
application not acted upon within Section 90. Comelec space. - The
said period shall be deemed Commission shall procure space in at
approved: and Provided, further, That least one newspaper of general
denial of any application for said circulation in every province or city:
permit shall be appealable to the Provided, however, That in the
provincial election supervisor or to absence of said newspaper,
the Commission whose decision shall publication shall be done in any other
be made within forty-eight hours and magazine or periodical in said
which shall be final and executory: province or city, which shall be
Provided, finally, That one only known as "Comelec Space" wherein
justifiable ground for denial is a prior candidates can announce their
written application by any candidate candidacy. Said space shall be
or political party for the same allocated, free of charge, equally and
purpose has been approved. impartially by the Commission among
all candidates within the area in
Section 88. Public rally. - Any political
which the newspaper is circulated.
party or candidate shall notify the
election registrar concerned of any SECTION 90 HAS BEEN AMENDED BY
public rally said political party or SECTION 8 OF RA 9006, provides –
candidate intends to organize and
Section 8. COMELEC Space and
hold in the city or municipality, and
Time. – The COMELEC shall
within seven working days thereafter
procure shall in at least one (1)
submit to the election registrar a
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newspaper of general circulation

and air time in at least one (1)
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major broadcasting station or authorize political parties and

entity in every province or party-list groups to erect common
city: Provided, however, That in poster areas for their candidates in
not more than ten (1) public places
the absence of said newspaper,
such as plazas, markets,
publication shall be done in any barangay centers and the like,
other magazine or periodical in wherein candidates can post,
said province or city, which shall display or exhibit election
be known as "COMELEC propaganda: Provided, That the
Space": Provided, further, That in size of the poster areas shall not
the absence of said broadcasting exceed twelve (12) by sixteen (16)
feet or its equivalent.
station or entity, broadcasting shall
be done in any radio or television Independent candidates with no
station in said province or city, political parties may likewise be
which shall be known as authorized to erect common
"COMELEC Time". Said time shall poster areas in not more than ten
be allocated to the COMELEC free (10) public places, the size of
which shall not exceed four (4) by
of charge, while said space shall
six (6) feet or its equivalent.
be allocated to the COMELEC
upon payment of just Candidates may post any lawful
compensation. The COMELEC propaganda material in private
time and space shall be utilized places with the consent of the
exclusively by the COMELEC for owner thereof, and in public
places or property which shall be
public information dissemination
allocated equitably and impartially
on election-related concerns. among the candidates.
Section 91. Comelec poster area. - Section 92. Comelec time. - The
Whenever practicable, the Commission shall procure radio and
Commission shall also designate and television time to be known as
provide for a common poster are in "Comelec Time" which shall be
strategic places in each town wherein allocated equally and impartially
candidates can announce and further among the candidates within the area
their candidacy through posters, said of coverage of all radio and television
space to be likewise allocated free of stations. For this purpose, the
charge, equally and impartially by the franchise of all radio broadcasting
Commission among all the candidates and television station are hereby
concerned. amended so as to provide radio
SECTION 91 HAS BEEN television time, free of charge, during
SUPPLEMENTED BY SECTION 9 RA the period of the campaign.
9006, provides – SECTION 92 HAS BEEN AMENDED BY
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SECTION 8 OF RA 9006, provides –

Section 9. Posting of Campaign
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Materials. – The COMELEC may

Section 8. COMELEC Space and candidate may reprint at his expense,

Time. – The COMELEC shall any "Comelec Bulletin" upon prior
procure shall in at least one (1) authority of the Commission:
newspaper of general circulation Provided, That the printing of the
and air time in at least one (1) names of the different candidates
major broadcasting station or with their bio-data must be in
entity in every province or
alphabetical order irrespective of
city: Provided, however, That in
party affiliation.
the absence of said newspaper,
publication shall be done in any SECTION 93 HAS BEEN
other magazine or periodical in SUPPLEMENTED BY SECTION 5 RA
said province or city, which shall 9006, provides –
be known as "COMELEC
Space": Provided, further, That in Section 5. Election Surveys. –
the absence of said broadcasting 5.1. Election surveys refer to the
station or entity, broadcasting shall measurement of opinions and
perceptions of the voters as
be done in any radio or television
regards a candidate's popularity,
station in said province or city, qualifications, platforms or a
which shall be known as matter of public discussion in
"COMELEC Time". Said time shall relation to the election, including
be allocated to the COMELEC free voters' preference for candidates
of charge, while said space shall or publicly discussed issues during
be allocated to the COMELEC the campaign period (hereafter
referred to as "Survey").
upon payment of just
compensation. The COMELEC 5.2. During the election
time and space shall be utilized period, any person, natural
exclusively by the COMELEC for as well as juridical,
public information dissemination candidate or organization
on election-related concerns. who publishes a survey must
likewise publish the following
Section 93. Comelec information information:
bulletin. - The Commission shall cause
(a) The name of the
the printing, and supervise the person, candidate,
dissemination of bulletins to be party or organization
known as "Comelec Bulletin" which who commissioned or
paid for the survey;
shall be of such size as to adequately
contain the picture, bio-data and (b) The name of the
program of government of every person, polling firm or
candidate. Said bulletin shall be survey organization
who conducted the
disseminated to the voters or
survey;
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displayed in such places as to give

due prominence thereto. Any
Page

(c) The period during 5.4. Surveys affecting

which the survey was national candidates shall not
conducted, the be published fifteen (15)
methodology used, days before an election and
including the number surveys affecting local
of individual candidates shall not be
respondents and the published seven (7) days
areas from which they before an election.
were selected, and the
specific questions 5.5. Exit polls may only be
asked; taken subject to the following
requirements:
(d) The margin o error
of the survey; (a) Pollsters shall not
conduct their surveys
(e) For each question within fifty (50) meters
for which the margin of from the polling place,
error is greater than whether said survey is
that reported under taken in a home,
paragraph (d), the dwelling place and
margin of error for that other places;
question; and
(b) Pollsters shall wear
(f) A mailing address distinctive clothing;
and telephone number,
indicating it as an (c) Pollsters shall
address or telephone inform the voters that
number at which the they may refuse to
sponsor can be answer; and
contacted to obtain a
written report (d) The result of the
regarding the survey in exit polls may be
accordance with announced after the
Subsection 5.3. closing of the polls on
election day, and must
5.3. The survey together clearly identify the total
with raw data gathered to number of
support its conclusions shall respondents, and the
be available for inspection, places where they
copying and verification by were taken. Said
the COMELEC or by a announcement shall
registered political party or a state that the same is
bona fide candidate or by unofficial and does not
any COMELEC-accredited represent a trend.
citizen's arm. A reasonable
fee sufficient to cover the
costs of inspection, copying
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and verification may be

charged.
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ARTICLE XI Section 95. Prohibited contributions. -

ELECTORAL CONTRIBUTIONS AND No contribution for purposes of
EXPENDITURES partisan political activity shall be
made directly or indirectly by any of
Section 94. Definitions. - As used in
the following:
this Article:
(a) Public or private financial
(a) The term "contribution" includes a
institutions: Provided, however, That
gift, donation, subscription, loan,
nothing herein shall prevent the
advance or deposit of money or
making of any loan to a candidate or
anything of value, or a contract,
political party by any such public or
promise or agreement to contribute,
private financial institutions legally in
whether or not legally enforceable,
the business of lending money, and
made for the purpose of influencing
that the loan is made in accordance
the results of the elections but shall
with laws and regulations and in the
not include services rendered
ordinary course of business;
without compensation by individuals
volunteering a portion or all of their (b) Natural and juridical persons
time in behalf of a candidate or operating a public utility or in
political party. It shall also include the possession of or exploiting any
use of facilities voluntarily donated natural resources of the nation;
by other persons, the money value of
(c) Natural and juridical persons who
which can be assessed based on the
hold contracts or sub-contracts to
rates prevailing in the area.
supply the government or any of its
(b) The term "expenditure" includes divisions, subdivisions or
the payment or delivery of money of instrumentalities, with goods or
anything of value, or a contract, services or to perform construction
promise or agreement to make an or other works;
expenditure, for the purpose of
(d) Natural and juridical persons who
influencing the results of the election.
have been granted franchises,
It shall also include the use of
incentives, exemptions, allocations or
facilities personally owned by the
similar privileges or concessions by
candidate, the money value of the
the government or any of its
use of which can be assessed based
divisions, subdivisions or
on the rates prevailing in the area.
instrumentalities, including
(c) The term "person" includes an government-owned or controlled
individual, partnership, committee, corporations;
association, corporation, and any
(e) Natural and juridical persons who,
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other organization or group of

within one year prior to the date of
Page
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
79
bingo, beauty contests, than thirty days after the day of the
Page
entertainments, or cinematographic, election, file with the Commission a

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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the constituency or constituencies (b) For political parties. -

Page
where it has official candidates an Five pesos (P5.00) for every

voter currently registered in (g) For political meetings and rallies

the constituency or and the use of sound systems, lights
constituencies where it has
and decorations during said meetings
official candidates.
and rallies;
Any provision of law to the
contrary notwithstanding any (h) For newspaper, radio, television
contribution in cash or in kind to and other public advertisements;
any candidate or political party or
coalition of parties for campaign (i) For employment of counsel, the
purposes, duly reported to the cost of which shall not be taken into
Commission shall not be subject account in determining the amount
to the payment of any gift tax. of expenses which a candidate or
Section 102. Lawful expenditures. - political party may have incurred
To carry out the objectives of the under Section 100 and 101 hereof;
preceding sections, no candidate or (j) For copying and classifying list of
treasurer of a political party shall, voters, investigating and challenging
directly or indirectly, make any the right to vote of persons
expenditure except for the following registered in the lists the costs of
purposes: which shall not be taken into account
(a) For travelling expenses of the in determining the amount of
candidates and campaign personnel expenses which a candidate or
in the course of the campaign and for political party may have incurred
personal expenses incident thereto; under Sections 100 and 101 hereof;
or
(b) For compensation of campaigners,
clerks, stenographers, messengers, (k) For printing sample ballots in such
and other persons actually employed color, size and maximum number as
in the campaign; may be authorized by the
Commission and the cost of such
(c) For telegraph and telephone tolls, printing shall not be taken into
postage, freight and express delivery account in determining the amount
charges; of expenses which a candidate or
(d) For stationery, printing and political party may have incurred
distribution of printed matters under Sections 100 and 101 hereof.
relative to candidacy; Section 103. Persons authorized to
(e) For employment of watchers at incur election expenditures. - No
the polls; person, except the candidate, the
treasurer of a political party or any
(f) For rent, maintenance and person authorized by such candidate
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furnishing of campaign headquarters, or treasurer, shall make any

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office or place of meetings;

expenditure in support of or in periodic payments for legitimate

opposition to any candidate or scholarships established and school
political party. Expenditures duly contributions habitually made before
authorized by the candidate or the the prohibited period, are excluded
treasurer of the party shall be from the prohibition.
considered as expenditures of such
The same prohibition applies to
candidate or political party.
treasurers, agents or representatives
The authority to incur expenditures of any political party.
shall be in writing, copy of which shall
Section 105. Accounting by agents of
be furnished the Commission signed
candidate or treasurer. - Every person
by the candidate or the treasurer of
receiving contributions or incurring
the party and showing the
expenditures by authority of the
expenditures so authorized, and shall
candidate or treasurer of the party
state the full name and exact address
shall, on demand by the candidate or
of the person so designated.
treasurer of the party and in any
Section 104. Prohibited donations by event within five days after receiving
candidates, treasurers of parties or such contribution or incurring such
their agents. - No candidate, his or expenditure, render to the candidate
her spouse or any relative within the or the treasurer of the party
second civil degree of consanguinity concerned, a detailed account
or affinity, or his campaign manager, thereof with proper vouchers or
agent or representative shall during official receipts.
the campaign period, on the day
Section 106. Records of contributions
before and on the day of the election,
and expenditures. -
directly or indirectly, make any
donation, contribution or gift in cash (a) It shall be the duty of every
or in kind, or undertake or contribute candidate, treasurer of the political
to the construction or repair of roads, party and person acting under the
bridges, school buses, puericulture authority of such candidate or
centers, medical clinics and hospitals, treasurer to issue a receipt for every
churches or chapels cement contribution received and to obtain
pavements, or any structure for and keep a receipt stating the
public use or for the use of any particulars of every expenditure
religious or civic organization: made.
Provided, That normal and customary
(b) Every candidate and treasurer of
religious dues or contributions, such
the party shall keep detailed, full, and
as religious stipends, tithes or
accurate records of all contributions
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collections on Sundays or other

received and expenditures incurred
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designated collection days, as well as

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
day for the filing of the statements,

Page

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
sanctions provided in this Code, no

person elected to any public office administrative offense for which

shall enter upon the duties of his the offenders shall be liable to pay
an administrative fine ranging from
office until he has filed the statement
One thousand pesos (P1,000.00)
of contributions and expenditures to Thirty thousand pesos
herein required. (P30,000.00), in the discretion of
the Commission.
The same prohibition shall apply if
the political party which nominated The fine shall be paid within thirty
the winning candidate fails to file the (30) days from receipt of notice of
such failure; otherwise, it shall be
statements required herein within
enforceable by a writ of execution
the period prescribed by this Code. issued by the Commission against
the properties of the offender.
SECTION 111 HAS BEEN AMENDED
BY SECTION 14 RA 7166, provides – It shall be the duty of every city or
municipal election registrar to
Section 14. Statement of advise in writing, by personal
Contributions and Expenditures: delivery or registered mail, within
Effect of Failure to File five (5) days from the date of
Statement. - Every candidate and election all candidates residing in
treasurer of the political party his jurisdiction to comply with their
shall, within thirty (30) days after obligation to file their statements
the day of the election, file in of contributions and expenditures.
duplicate with the offices of the
Commission the full, true and For the commission of a second or
itemized statement of all subsequent offense under this
contributions and expenditures in section, the administrative fine
connection with the election. shall be from Two thousand pesos
(P2,000.00) to Sixty thousand
No person elected to any public pesos (P60,000.00), in the
offices shall enter upon the duties discretion of the Commission. In
of his office until he has filed the addition, the offender shall be
statement of contributions and subject to perpetual
expenditures herein required. disqualification to hold public
office.
The same prohibition shall apply if
the political party which nominated Section 112. Report of contractor and
the winning candidate fails to file business firms. - Every person or firm
the statement required herein
to whom any electoral expenditure is
within the period prescribed by this
Act. made shall, within thirty days after
the day of the election, file with the
Except candidates for elective Commission a report setting forth the
barangay office, failure to file the
full names and exact addresses of the
statements or reports in
connection with electoral candidates, treasurers of political
85
contributions and expenditures are parties, and other persons incurring

required herein shall constitute an such expenditures, the nature or
Page

purpose of each expenditure, the Decree No. 1896 to the contrary

date and costs thereof, and such notwithstanding, the list of voters
other particulars as the Commission prepared and used in the election of
may require. The report shall be Members of the Batasang Pambansa
signed and sworn to by the supplier on May 14, 1984, with such additions,
or contractor, or in case of a business cancellations and corrections as may
firm or association, by its president or hereafter be made in accordance
general manager. with the provisions of this Code, shall
constitute the permanent list of
It shall be the duty of such person or
voters in each city or municipality, as
firm to whom an electoral
the case may be, until 1996.
expenditure is made to require every
agent of a candidate or of the For purposes of the next following
treasurer of a political party to election, the Commission, through
present written authority to incur the election registrars, shall assign
electoral expenditures in behalf of the proper precincts and polling
such candidate or treasurer, and to places to the registered voters in said
keep and preserve at its place of list. Written notice of any such
business, subject to inspection by the change shall be made to the affected
Commission or its authorized voters within two weeks therefrom.
representatives, copies of such
Section 114. Renewal of the
written authority, contracts,
Permanent List. - The list of voters
vouchers, invoices and other records
prepared in accordance with the
and documents relative to said
preceding section shall be renewed in
expenditures for a period of three
nineteen hundred and ninety-six and
years after the date of the election to
every twelve years thereafter.
which they pertain.
Section 115. Necessity of
It shall be unlawful for any supplier,
Registration. - In order that a
contractor or business firm to enter
qualified elector may vote in any
into contract involving election
election, plebiscite or referendum, he
expenditures with representatives of
must be registered in the permanent
candidates or political parties without
list of voters for the city or
such written authority.
municipality in which he resides.
Section 116. Who may be registered

ARTICLE XII in the list. - All persons having
REGISTRATION OF VOTERS complied with the requisites herein
prescribed for the registration of
Section 113. Permanent List of
86
voters shall be registered in the list,

Voters. - Any provision of Presidential
Page
provided they possess all the

qualifications and none of the SECTION 1 AND 2 OF ARTICLE V 1987

disqualifications of a voter. Those CONSTITUTION, provides –
who failed to register in the election
of 1984, for any reason whatsoever, Section 1. Suffrage may be
exercised by all citizens of the
may register in accordance with the Philippines, not otherwise
provisions of this Code. Any person disqualified by law, who are at
who may not have on the date of least eighteen years of age, and
registration the age or period of who shall have resided in the
Philippines for at least one year
residence required may also be
registered upon proof that on the propose to vote, for at least six
date of the election, plebiscite or months immediately preceding the
referendum he shall have such election. No literacy, property, or
qualifications. other substantive requirement
shall be imposed on the exercise
Section 117. Qualifications of a voter. of suffrage.
- Every citizen of the Philippines, not
Section 2. The Congress shall
otherwise disqualified by law, provide a system for securing the
eighteen years of age or over, who secrecy and sanctity of the ballot
shall have resided in the Philippines as well as a system for absentee
for one year and in the city or voting by qualified Filipinos
abroad.
municipality wherein he proposes to
vote for at least six months Section 118. Disqualifications. - The
immediately preceding the election, following shall be disqualified from
may be registered as a voter. voting:
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
committed any crime involving

Page

disloyalty to the duly constituted such disability not having

government such as rebellion, been removed by plenary
pardon or amnesty;
sedition, violation of the anti-
Provided, however, That any
subversion and firearms laws, or any person disqualified to vote
crime against national security, under this subsection shall
unless restored to his full civil and automatically acquire the
political rights in accordance with right to vote upon expiration
of five (5) years after service
law: Provided, That he shall regain his of sentence; Provided,
right to vote automatically upon further, That the
expiration of five years after service Commission may take
of sentence. cognizance of final
judgments issued by foreign
(c) Insane or incompetent persons as courts or tribunals only on
declared by competent authority. the basis of reciprocity and
subject to the formalities and
SECTION 5 OF RA 9189 or The processes prescribed by the
Overseas Absentee Voting Act Rules of Court on execution
of judgments;
of 2003, provides that –
4. An immigrant or a
Sec. 5. Disqualifications. – The permanent resident who is
following shall be disqualified from recognized as such in the
voting under this Act: host country, unless he/she
executes, upon registration,
1. Those who have lost their an affidavit prepared for the
Filipino citizenship in purpose by the Commission
accordance with Philippine declaring that he/she shall
laws; resume actual physical
permanent residence in the
2. Those who have
Philippines not later than
expressly renounced their
three (3) years from
Philippine citizenship and
approval of his/her
who have pledged
registration under this Act.
allegiance to a foreign
country; Such affidavit shall also
state that he/she has not
3. Those who have applied for citizenship in
committed and are convicted another country. Failure to
in a final judgment by a court return shall be the cause for
or tribunal of an offense the removal of the name of
punishable by imprisonment the immigrant or permanent
of not less than one (1) year, resident from the National
including those who have Registry of Absentee Voters
committed and been found and his/her permanent
guilty of Disloyalty as disqualification to vote in
absentia.
88
defined under Article 137 of

the Revised Penal Code,
Page

5. Any citizen of the precinct shall meet in the polling

Philippines abroad place on the seventh and sixth
previously declared insane
Saturdays before the day of the
or incompetent by
competent authority in the election. At these meetings, the
Philippines or abroad, as board shall prepare and certify eight
verified by the Philippine copies of the list of voters of the
embassies, consulates or corresponding precinct transferring
foreign service
establishments concerned, thereto the names of the voters
unless such competent appearing in the list used in the
authority subsequently preceding election and including
certifies that such person is therein such new qualified voters as
no longer insane or
may apply for registration, as
incompetent.
provided in Section 126 hereof.
SECTIONS 119 – 128 HAVE
BEEN AMENDED BY RA NO Section 121. Preparation of the list
8189 or the Voter's Registration before any special election, plebiscite
Act of 1996 or referendum. - For the preparation
of the list of voters before a special
Section 119. Preparation of the
election, plebiscite or referendum,
permanent list of voters. - For the
the board of elections inspectors of
preparation of the permanent list of
each election precinct shall hold a
voters in nineteen hundred and
meeting in the polling place on the
ninety-six and every twelve years
second Saturday following the day of
thereafter, the board of election
the proclamation calling such
inspectors referred to in Article XIV
election. At this meeting the board
hereof of each election precinct shall
shall transfer the names of the voters
hold four meetings on the seventh
appearing in the list used in the
Saturday, seventh Sunday, sixth
preceding election and enter those of
Saturday and sixth Sunday preceding
the newly registered voters.
the date of the regular election to be
held. At these meetings the board Section 122. Transfer of names of
shall prepare eight copies of the list voters from the permanent list to the
of voters of the precinct wherein it current one. - The transfer of the
shall register the electors applying for names of the voters of the precinct
registration. already registered in the list used in
the preceding election to the list to
Section 120. Preparation of the list
be made as provided for in the two
before other regular elections. - For
preceding sections is a ministerial
the preparation of the list before
duty of the board, and any omission
other regular elections, the board of
89
or error in copying shall be corrected

election inspectors of each election
Page
motu proprio, or upon petition of the

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
member of the board or of any

corrected, added, or cancelled, the
Page
elector or watcher, upon satisfactory

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
91
before a regular election or on the

of the latest identification
Page
second Saturday following the day of

photograph to be supplied by the inspectors shall close the list of

applicant. voters by affixing their signatures
in the space immediately after the
The oath of the applicant shall last name; number consecutively
include a statement that he does not the names of the voters listed
therein and authenticate the list of
have any of the disqualifications of a
voters by affixing their signatures
voter and that he has not been on each and every page thereof.
previously registered in the precinct
or in any other precinct. The board of election inspectors
shall post, on the wall outside the
Before the applicant accomplishes his room where the registration was
voter's affidavit, the board of election conducted, the list of voters in
each precinct beginning on the
inspectors shall appraise the first working day after registration
applicant of the qualifications and day until election day. Failure to
disqualifications prescribed by law for post said list shall constitute an
a voter. It shall also see to it that the election offense punishable under
Section 263 and 264 of the
accomplished voter's affidavit contain
Omnibus Election Code.
all the data therein required and that
the applicant's specimen signatures, When there is a significant number
the prints of his left and right hand of inclusions, exclusions and
corrections in the list of voters in a
thumbmarks and his photograph are
precinct, the Commission shall
properly affixed in each of the voter's direct the board of election
affidavit. inspectors concerned to meet on
the eighth Saturday immediately
SECTION 126 HAS BEEN AMENDED preceding the day of the election
BY SECTION 9 RA 7166, provides – for the purpose of making such
inclusions and corrections as may
Section 9. Registration of be or may have been ordered by
Voters. - There shall be a the courts, stating opposite every
registration of voters on the name so corrected, added or
fifteenth Saturday before the day cancelled, the date of the order
of the election for voters who will and the court which issued the
reach the age of eighteen (18) same; otherwise, the board shall
years on or before the day of the not meet but such inclusions,
election or for those who are exclusions and corrections, if any,
qualified but not registered in the shall be made in the list of voters
list of voters. However, the before the voting starts on election
Commission may designate an day.
additional date of registration in
certain areas to ensure that voters Section 127. Illiterate or disabled
therein are not deprived of their applicants. - The voter's affidavit of
right of suffrage. an illiterate or physically disabled
92
Before adjourning on registration person may be prepared by any

relative within the fourth civil degree
Page
day, the board of election

of consanguinity of affinity or by any photograph to the board of election

member of the board of election inspectors which upon receipt
inspectors who shall prepare the thereof shall affix one copy thereof to
affidavit in accordance with the data the voter's affidavit in the book of
supplied by the applicant. voters, one copy to the voter
identification card to be issued to the
Section 128. Voter's identification. -
voter and transmit through the
The identification card issued to the
election registrar, one copy each to
voter shall serve and be considered
the provincial election supervisor and
as a document for the identification
the Commission to be respectively
of each registered voter: Provided,
attached to the voter's affidavit in
however, That if the voter's identity is
their respective custody.
challenged on election day and he
cannot present his voter RA NO 8189
identification card, his identity may
Section 1. Title. - This Act shall be
be established by the specimen
known as "The Voter's Registration
signatures, the photograph or the
Act of 1996."
fingerprints in his voter's affidavit in
the book of voters. No extra or Sec. 2. Declaration of Policy. - It is
duplicate copy of the voter the policy of the State to systematize
identification card shall be prepared the present method of registration in
and issued except upon authority of order to establish a clean, complete,
the Commission. permanent and updated list of voters.
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
an application for registration

four copies of his latest identification
Page

duly approved by the Election 2. the current precinct

Registration Board; assignment of the voter;
and
c. Book of Voters refers to the
compilation of all registration 3. the permanent birth and
records in a precinct; name code unique to
every voter;
d. List of Voters refers to an
enumeration of names of i. Political Parties refer to local,
registered voters in a precinct regional or national political
duly certified by the Election parties existing and duly
Registration Board for use in registered and accredited by
the election; the Commission;
e. Illiterate or Disabled j. Precinct refers to the basic unit

person refers to one who of territory established by the
cannot by himself prepare an Commission for the purpose of
application for registration voting;
because of his physical
k. Precinct Maps refers to a
disability and/or inability to
sketch or drawing of a
read and write;
geographical area stated in
f. Commission refers to the terms of streets or street
Commission on Elections blocks or sitios the residents of
(COMELEC); which would belong to a
particular precinct;
g. Election Registration
Board refers to the body l. Polling place refers to the
constituted herein to act on all place where the Board of
applications for registration; Election Inspectors conducts its
proceeding and where the
h. Voter's Identification
voters cast their votes;
Number (VIN) refers to the
number assigned by the m. Voting center refers to the
Commission on Elections to a building or place where the
registered voter that shall polling place is located;
consist of three (3) parts:
n. Election Officer refers to the
1. The current address highest official or authorized
(city/municipality and representative of the
province); Commission in a city or
municipality; and
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Page

o. Board of Election shall not unreasonably withhold such

Inspectors refers to the body consent. Any violation thereof shall
which conducts the election in constitute an election offense which
the polling place of the shall be punished in accordance with
precinct usually composed of law.
three (3) public school teachers
Sec. 5. Precincts and their
appointed by the Commission.
Establishment. - In preparation for
Sec. 4. Permanent List of Voters - the general registration in 1997, the
There shall be a permanent list of Commission shall draw updated maps
voters per precinct in each city or of all the precincts nationwide. Upon
municipality consisting of all completion of the new precinct maps,
registered voters residing within the all the precincts established in the
territorial jurisdiction of every preceding elections shall be deemed
precinct indicated by the precinct abolished. For the purpose of the
maps. general registration, the Commission
shall create original precincts only.
Such precinct-level list of voters shall
Spin-off precinct may be created
be accompanied by an
after the regular elections of 1998 to
addition/deletion list for the purpose
accommodate additional voters
of updating the list.
residing within the territorial
For the purpose of the 1997 general jurisdiction of the original precincts.
registration, the Commission shall
The Commission shall introduce a
cause the preparation and posting of
permanent numbering of all precincts
all precinct maps in every barangay
which shall be indicated by Arabic
nationwide. Five days before the
numerals and a letter of the English
1997 general registration, individual
alphabet. Original or mother
precinct maps shall be posted at the
precincts shall be indicated by the
door of each polling place.
Arabic numeral and letter "A of the
Subsequently, the Election Officer
English alphabet. Spin-off or daughter
shall be responsible for the display,
precincts shall be indicated by the
throughout the year, of precinct
Arabic numeral and letter of the
maps in his office and in the bulletin
English alphabet starting with letter B
board of the city or municipal hall.
and so on.
The precinct assignment of a voter in
No territory comprising an election
the permanent list of voters shall not
precinct shall be altered or a new
be changed or altered or transferred
precinct be established at the start of
to another precinct without the
the election period.
95
express written consent of the voter:

Page
Provided, however, That the voter

Splitting of an original precinct or b. Every case of alteration of

merger of two or more original precincts shall be duly
precincts shall not be allowed announced by posting a notice
without redrawing the precinct thereof in a conspicuous place
map/s one hundred twenty (120) in the precinct, in the office of
days before election day. the election officer and in the
city or municipal hall and by
Sec. 6. Arrangement of Precincts. -
providing political parties and
Every barangay shall have at least
candidates a list of all the
one (1) precinct. Each precinct, shall
precincts at the start of the
have no more than two hundred
campaign period; and
(200) voters and shall comprise
contiguous and compact territories. c. Consolidation or merger of at
most three (3) precincts may
a. A precinct shall be allowed to
be allowed: Provided, That the
have less than 200 registered
computerized counting shall be
voters under the following
implemented: Provided,
conditions:
further, That the merger of
1. As soon as the 200-limit such precincts shall be effected
for every precinct has ninety (90) days before
been reached, a spin-off election day.
or daughter precinct
Sec. 7. General Registration of
shall be created
Voters. - Immediately after the
automatically by the
barangay elections in 1997, the
Commission to
existing certified list of voters shall
accommodate voters
cease to be effective and operative.
residing within the
For purposed of the May 1998
territorial jurisdiction of
elections and all elections,
the original precinct.
plebiscites, referenda, initiatives, and
Thereafter, a separate
recalls subsequent thereto, the
list of new voters shall
Commission shall undertake a general
be prepared by the
registration of voters before the
Election Officer; and
Board of Election Inspectors on June
2. An island or group of 14, 15, 21, and 22 and, subject to the
islands with less than discretion of the Commission, on
two hundred (200) June 28 and 29, 1997 in accordance
voters may comprise one with this Act.
(1) original precinct.
Sec. 8. System of Continuing
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Registration of Voters. - The personal

Page

filing of application of registration of election shall possess such

voters shall be conducted daily in the qualifications, may register as a voter.
office of the Election Officer during
Sec. 10. Registration of Voters. - A
regular office hours. No registration
qualified voter shall be registered in
shall, however, be conducted during
the permanent list of voters in a
the period starting one hundred
precinct of the city or municipality
twenty (120) days before a regular
wherein he resides to be able to vote
election and ninety (90) days before a
in any election. To register as a voter,
special election.
he shall personally accomplish an
Sec. 9. Who may Register. - All application form for registration as
citizens of the Philippines not prescribed by the Commission in
otherwise disqualified by law who are three (3) copies before the Election
at least eighteen (18) years of age, Officer on any date during office
and who shall have resided in the hours after having acquired the
Philippines for at least one (1) year, qualifications of a voter.
The application shall contain the
propose to vote, for at least six (6)
following data:
months immediately preceding the
election, may register as a voter. a. Name, surname, middle name,
and/or maternal surname;
Any person who temporarily resides
in another city, municipality or b. Sex;
country solely by reason of his
c. Date, and place of birth;
occupation, profession, employment
in private or public service, d. Citizenship;
educational activities, work in the
e. Civil status, if married, name of
military or naval reservations within
spouse;
the Philippines, service in the Armed
Forces of the Philippines, the f. Profession, occupation or work
National Police Forces, or
g. Periods of residence in the
confinement or detention in
Philippines and in the place of
government institutions in
registration;
accordance with law, shall not be
deemed to have lost his original h. Exact address with the name of
residence. the street and house number
for location in the precinct
Any person, who, on the day of
maps maintained by the local
registration may not have reached
office of the Commission, or in
the required age or period of
97
case there is none, a brief

residence but, who, on the day of the
Page

description of his residence, a. Any person who has been

sitio, and barangay; sentenced by final judgment to
suffer imprisonment of not less
i. A statement that the applicant
than one (1) year, such
possesses all the qualifications
disability not having been
of a voter;
removed by plenary pardon or
j. A statement that the applicant amnesty: Provided, however,
is not a registered voter of any That any person disqualified to
precinct; and vote under this paragraph shall
automatically reacquire the
k. Such information or data as
right to vote upon expiration of
may be required by the
five (5) years after service of
Commission.
sentence;
The application for registration shall
b. Any person who has been
contain three (3) specimen signatures
adjudged by final judgment by
of the applicant, clear and legible
a competent court or tribunal
rolled prints of his left and right
of having committed any crime
thumbprints, with four (4)
involving disloyalty to the duly
identification size copies of his latest
constituted government such
photograph, attached thereto, to be
as rebellion, sedition, violation
taken at the expense of the
of the firearms laws or any
Commission.
crime against national security,
Before the applicant accomplishes his unless restored to his full civil
application for registration, the and political rights in
Election Officer shall inform him of accordance with law: Provided,
the qualifications and That he shall automatically
disqualifications prescribed by law for reacquire the right to vote
a voter, and thereafter, see to it that upon expiration of five (5)
the accomplished application years after service of sentence;
contains all the data therein required and
and that the applicant's specimen
c. Insane or incompetent persons
signatures, fingerprints, and
declared as such by competent
photographs are properly affixed in
authority unless subsequently
all copies of the voter's application.
declared by proper authority
Sec. 11. Disqualification. - The that such person is no longer
following shall be disqualified from insane or incompetent.
registering:
Sec. 12. Change of Residence to
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Another City or Municipality. - Any

Page

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
99
The application for registration of a

may register with the assistance of
Page
physically disabled person may be

prepared by any relative within the of consanguinity or affinity. If in

fourth civil degree of consanguinity succeeding elections, any of the
or affinity or by the Election Officer newly elected city or municipal
or any member of an accredited officials is related to a member of the
citizen's arm using the data supplied board within the fourth civil degree
by the applicant. The fact of illiteracy of consanguinity or affinity, such
or disability shall be so indicated in member is automatically disqualified
the application. to preserve the integrity of the
Election Registration Board.
Sec. 15. Election Registration
Board. - There shall be in each city Every registered party and such
and municipality as many as Election organizations as may be authorized
Registration Boards as there are by the Commission shall be entitled
election officers therein. In thickly to a watcher in every registration
populated cities/municipalities, the board.
Commission may appoint additional
Sec. 16. Compensation of the
election officers for such duration as
Members of the Board. - Each
may be necessary.
member of the Board shall be
The Board shall be composed of the entitled to an honorarium to Two
Election Officer as chairman and as Hundred Pesos (P200.00) for each
members, the public school official day of actual service rendered in the
most senior in rank and the local civil Board, which amount the
registrar, or in this absence, the city Commission may adjust every three
or municipal treasurer. In case of (3) years thereafter. No member of
disqualification of the Election the Board shall be entitled to
Officer, the Commission shall travelling expenses.
designate an acting Election Officer
Sec. 17. Notice and Hearing of
who shall serve as Chairman of the
Applications. - Upon receipt of
Election Registration Board. In case of
applications for registration, the
disqualification or non-availability of
Election Officer shall set them for
the Local Registrar or the Municipal
hearing, notice of which shall be
Treasurer, the Commission shall
posted in the city or municipal
designate any other appointive civil
bulletin board and in his office for at
service official from the same locality
least one (1) week before the
as substitute.
hearing, and furnish copies thereof to
No member of the Board shall be the applicant concerned, the heads
related to each other or to any or representatives of political parties,
100
incumbent city or municipal elective and other accredited groups or

official within the fourth civil degree organizations which actively
Page

participate in the electoral process in Sec. 18. Challenges to Right to

the city or municipality. On the date Register. - Any voter, candidate or
of the hearing, the Election Officer representative of a registered
shall receive such evidence for or political party may challenge in
against the applicant. writing any application for
registration, stating the grounds
A registrant whose application is not
therefor. The challenge shall be
seasonably objected to shall be
under oath and be attached to the
notified in writing stating therein that
application, together with the proof
no objection was raised against his
of notice of hearing to the challenger
application and that he need not
and the applicant.
appear on the date set for the
hearing of his application. Physical Oppositions to contest a registrant's
presence of the applicant concerned application for inclusion in the voter's
shall, however, be mandatory in all list must, in all cases, be filed not
cases where objections against his later than the second Monday of the
application have been seasonably month in which the same is
filed with the proper Election scheduled to be heard or processed
Registration Board for him to rebut or by the Election Registration Board.
refute evidence presented in Should the second Monday of the
opposition thereto. month fall on a non-working holiday,
oppositions may be filed on the next
All applications for registration shall
following working day. The hearing
be heard and processed on a
on the challenge shall be heard on
quarterly basis. For this purpose, the
the third Monday of the month and
Election Registration Board shall
the decision shall be rendered before
meet and convene on the third
the end of the month.
Monday of April, July, October, and
January of every calendar year, or on Sec. 19. Power to Administer Oath
the next following working day if the and Issue Summons. - For purposes
designated days fail on a non-working of determining the right of the
holiday, except in an election year to applicants to be registered as a voter,
conform with the one hundred the Election Officer shall have the
twenty (120) days prohibitive period power to administer oath, issue
before election day. Should one day subpoena duces tecum and swear in
be sufficient for the processing of all witnesses. The fees and expenses
accepted applications, the Board shall incidental thereto shall be paid in
adjourn from day to day until all the advance by the party in whose behalf
applications shall have been the summons is issued.
101
processed.
Page

Sec. 20. Approval and Disapproval of Sec. 22. Preservation of Voter's

Application. - The Election Officer Registration Records. - The Election
shall submit to the Board all Officer shall compile the original
applications for registration filed, copies of the approved applications
together with the evidence received for registration per precinct and
in connection therewith. The Board arrange the same alphabetically
shall, by majority vote, approve or according to surname. He shall
disapprove the applications. preserve the book of voters and
ensure its integrity. The second and
Upon approval, the Election Officer
third copies of the registration
shall assign a voters identification
records shall be sent to the provincial
number and issue the corresponding
and national central files within three
identification card to the registered
(3) days after the approval of the
voter. If the Board disapproves the
Board.
application, the applicant shall be
furnished with a certificate of Sec. 23. Provincial File. - There shall
disapproval stating the ground be a provincial file consisting of the
therefor. In cases of approval or duplicate copies of all registration
disapproval, any aggrieved party may records in each precinct of every city
file a petition for exclusion or and municipality in the province. It
inclusion, as the case may be, with shall be in the custody of the
the proper Municipal or Metropolitan Provincial Election Supervisor and
Trial Court as provided for in this Act. shall be compiled and arranged by
precinct, by municipality and
Sec. 21. Publication of Action on
alphabetically by surnames of voters.
Application for Registration. - Within
five (5) days from approval or Should the book of voters in the
disapproval of application, the Board custody of the Election Officer be lost
shall post a notice in the bulletin or destroyed at a time so close to
board of the city or municipal hall election day that there is no time to
and in the office of the Election reconstitute the same, the
Officer, stating the name and address corresponding book of voters in the
of the applicant, the date of the provincial file shall be used during the
application, and the action taken voting.
thereon. The Election Officer shall
Sec. 24. National Central File. - There
furnish a copy of such notice
shall be a national central file under
personally, or by registered mail or
the custody of the Commission in
special delivery to the applicant and
Manila consisting of the third copies
heads or representatives of
102
of all approved voter registration

registered political parties in the city
records in each city or municipality. It
Page
or municipality.

shall be compiled by precinct in each following: the name and address of

city/municipality and arranged the voter, his date of birth, sex,
alphabetically by surname so as to photograph, thumbmark, and the
make the file a replica of the book of number of precinct where he is
voters in the possession of the registered, the signature of the voter
Election Officer. Thereafter a national and the chairman of the Election
list shall be prepared following the Registration Board and the voter's
alphabetical arrangements of identification number (VIN).
surnames of voters.
Sec. 26. Voter's Identification
There shall be a national file Number (VIN). - The Commission
consisting of the computerized shall assign every registered voter a
voters' list (CVL), both in print and in voter's identification number (VIN)
diskette, submitted by the Election consisting of three parts, each
Officers in each city and municipality separated by a dash. For example:
concerned, under the custody of the 7501-00191-C145BCD.
Commission in Manila.
a. Part 1: Current Address of the
The computerized voters' list shall Voter
make use of a single and uniform
1. The first two digits 75
computer program that will have a
stand for the province;
detailed sorting capability to list
and
voters alphabetically by the precincts
where they vote, by the barangays, 2. The last two digits, 01,
municipalities, cities or provinces stand for the city,
where they reside and by their voters municipality, or a
identification number (VIN). district, particularly in
Manila.
Sec. 25. Voter's Identification Card. -
The voters identification card issued The code assignment for provinces,
to the registered voter shall serve as cities and municipalities shall follow
a document for his identification. In the Urban Code devised by the
case of loss or destruction, no copy National Census and Statistics Office
thereof may be issued except to the (NCSO).
registered voter himself and only
b. Part II: Current Precinct
upon the authority of the
Assignment of the Voter
Commission.
1. The first four digits,
The Commission shall adopt a design
0019, stand for the
for the voter's identification card
103
permanent number of
which shall be, as much as possible,
the precinct where the
Page
tamper proof. It shall provide the

voter is currently permanent and unique to each voter.

assigned: and If necessary, the Commission may
expand and modify the same.
2. The letter indicates
whether it is a mother or d. The combined birth and name
a daughter precinct. code is assigned during the
lifetime of every voter. Upon
The number assigned to the precinct
transfer of the voter to another
in every city or municipality shall be
precinct, the first two parts of
permanent but the voter may
the VIN shall change.
transfer his precinct number. The VIN
reflects the current precinct Sec. 27. Deactivation of
assignment of the voter. Registration. - The board shall
deactivate the registration and
c. Part III: Permanent Birth and
remove the registration records of
Name Code Unique to the
the following persons from the
Voter
corresponding precinct book of
1. The letter, C, stands for voters and place the same, properly
the month, i.e., A for marked and dated in indelible ink, in
January, B for February, the inactive file after entering the
and so forth; cause or causes of deactivation:
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
Part III hereof of the voter's Sandiganbayan;

identification number (VIN) shall be
Page

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
the Court; and twenty (120) days before a regular

Page

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
Board of Election Inspectors to

bulletin board of his office a list of
inspect and verify the completeness
Page
those persons who died whose

of the voter's registration records for in the possession of a person of

each precinct compiled in the book of sufficient discretion in the
voters. residence of the challenged
voter, or by registered mail.
After verification and certification by
Should the foregoing
the Board of Election Inspectors and
procedures not be practicable,
party representatives as to the
the notice shall be posted in
completeness of the voters'
the bulletin board of the city or
registration records in the precinct
municipal hall and in two (2)
book of voters, the Board shall seal
other conspicuous places
the book of voters in the presence of
within the city or municipality;
the former at the start of the
campaign period and take custody of c. A petition shall refer only to
the same until their distribution to one (1) precinct and implead
the Board of Election Inspectors on the Board as respondents;
election day. The Election Officer
d. No costs shall be assessed
shall deliver the sealed precinct book
against any party in these
of voters to the chairman of the
proceedings. However, if the
Board of Election Inspectors when
court should find that the
the latter secures its official ballots
application has been filed
and other paraphernalia for election
solely to harass the adverse
day.
party and cause him to incur
Sec. 32. Common Rules Governing expenses, it shall order the
Judicial Proceedings in the Matter of culpable party to pay the costs
Inclusion, Exclusion, and Correction and incidental expenses;
of Names of Voters. -
e. Any voter, candidate or
a. Petition for inclusion, exclusion political party who may be
or correction of names of affected by the proceedings
voters shall be filed during may intervene and present his
office hours; evidence;
b. Notice of the place, date and f. The decision shall be based on

time of the hearing of the the evidence presented and in
petition shall be served upon no case rendered upon a
the members of the Board and stipulation of facts. If the
the challenged voter upon question is whether or not the
filing of the petition. Service of voter is real or fictitious, his
such notice may be made by non-appearance on the day set
107
sending a copy thereof by for hearing shall be prima facie

Page
personal delivery, by leaving it

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
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whose application for registration has

the challenged voter and shall be
been disapproved by the Board or
Page

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
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name in the list of voters used in the

application for reinstatement or
preceding election, together with
Page
correction of name. If it is denied or

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
expense the accountable registration

such voters shall retain their voter's
forms and/or the list of registered
Page
identification number. Reconstituted

voters in the precincts constituting Commission to a new station outside

the constituency of the bonafide the original congressional district.
candidate or at which the political
Sec. 45. Election Offenses. - The
party is fielding candidates. The
following shall be considered election
inspection and copying shall be
offenses under this Act
conducted during business hours of
the Commission and shall be subject a. to deliver, hand over, entrust
to reasonable regulations. or give, directly or indirectly,
his voter's identification card to
Sec. 43. Computerization of
another in consideration of
Permanent List of Voters. - A
money or other benefit of
permanent and computerized list
promise; or take or accept such
arranged by precinct, city or
voter's identification card,
municipality, province and region
directly or indirectly, by giving
shall be prepared by the Commission.
or causing the giving or money
Thereafter, another list shall be
or other benefit or making or
prepared consisting of the names of
causing the making of a
the voters, arranged alphabetically
promise therefore;
according to surnames.
b. to fail, without cause, to post
The computer print-outs of the list of
or give any of the notices or to
voters duly certified by the Board are
make any of the reports re-
official documents and shall be used
acquired under this Act;
for voting and other election related
purposes as well as for legitimate c. to issue or cause the issuance
research needs. of a voter's identification
number or to cancel or cause
The total number of voters in the
the cancellation thereof in
permanent list shall be the basis for
violation of the provisions of
the printing of the official ballots by
this Act; or to refuse the
the Commission.
issuance of registered voters
Sec. 44. Reassignment of Election their voter's identification card;
Officers. - No Election Officer shall
d. to accept an appointment, to
hold office in a particular city or
assume office and to actually
municipality for more than four (4)
serve as a member of the
years. Any election officer who,
Election Registration Board
either at the time of the approval of
although ineligible thereto, to
this Act or subsequent thereto, has
appoint such ineligible person
served for at least four (4) years in a
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knowing him to be ineligible;

particular city or municipality shall
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automatically be reassigned by the

e. to interfere with, impede, precincts other than where he

abscond for purpose of gain or is duly registered shall not be
to prevent the installation or an excuse hereof;
use of computers and devices
i. the posting of a list of voters
and the processing, storage,
outside or at the door of a
generation, and transmission
precinct on the day of an
of registration data or
election, plebiscite,
information;
referendum, initiative and/or
f. to gain, cause access to use, recall, and which list is
alter, destroy, or disclose any different in contents from the
computer data, program, certified list of voters being
system software, network, or used by the Board of Election
any computer-related devices, Inspectors; and
facilities, hardware or
j. Violation of the provisions of
equipment, whether classified
this Act.
or declassified;
Sec. 46. Penalties. - Any person
g. failure to provide certified
found guilty of any Election offense
voters and deactivated voters
under this Act shall be punished with
list to candidates and heads of
imprisonment of not less than one (1)
representatives of political
year but not more than six (6) years
parties upon written request as
and shall not be subject to probation.
provided in Section 30 hereof;
In addition, the guilty party shall be
h. failure to include the approved sentenced to suffer disqualification to
application form for hold public office and deprivation of
registration of a qualified voter the right of suffrage. If he is a
in the book of voters of a foreigner, he shall be deported after
particular precinct or the the prison term has been served. Any
omission of the name of a duly political party found guilty shall be
registered voter in the certified sentenced to pay a fine of not less
list of voters of the precinct than One hundred thousand pesos
where he is duly, registered (P100,000) but not more than Five
resulting in his failure to cast hundred thousand pesos (P500,000).
his vote during an election,
Sec. 47. Funding. - The amount of
plebiscite, referendum,
Two billion pesos (2,000,000,000) is
initiative and/or recall. The
hereby included in the General
presence of the form or name
Appropriations Act for the fiscal year
112
in the book of voters or

1997 to defray the expenses for the
certified list of voters in
Page
registration activities.

Sec. 48. Multi-partisan Monitoring in the preceding section for the

and Evaluation Committee. - A operations of the Committee. This
Monitoring and Evaluation amount shall be held in trust by the
Committee is hereby created Commission subject to the usual
composed of seven (7) members to accounting and auditing procedures.
be based on party representation of
Sec. 49. Rules and Regulations. - The
the seven (7) major political parties
Commission shall promulgate the
that fielded presidential candidates in
necessary rules and regulations to
the 1992 synchronized elections. The
implement the provisions of this Act
Committee is an ad hoc body
not later than ninety (90) days before
attached to the Commission but not
the first day of registration as
subject to its supervision and control.
provided for in this Act.
The task of the Committee is to
Sec. 50. Separability Clause. - If any
monitor and evaluate the system,
part of this Act is held invalid or
procedures or guidelines prepared by
unconstitutional, the other parts or
the Commission for the conduct of
provisions hereof shall remain valid
the general registration and the
and effective.
continuing system of registration in
accordance with this Act. Sec. 51. Repealing Clause. - All laws,
decrees, executive orders, rules and
The Committee shall prepare two
regulations inconsistent with this Act
reports outlining the findings and
are hereby repealed or modified
recommendations for immediate
accordingly.
action or institution of corrective
measures by the Commission and/or Sec. 52. Effectivity. - This Act shall
Congress. The first report shall be take effect fifteen (15) days after its
submitted to the Commission and publication in at least two (2)
Congress three (3) months before the newspapers of general circulation.
holding of the general registration.
Approved, June 11, 1996.
The second report shall be due at the
end of the year on the initial
implementation of the system of
Section 129. Action by the board of
continuing registration.
election inspectors. - Upon receipt of
The amount not less than Fifty million the voter's affidavit, the board of
pesos (P50,000,000) but not more election inspectors shall examine the
than One hundred million pesos data therein. If it finds that the
(P100,000,000) is hereby allocated applicant possesses all the
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from the Two billion pesos qualifications and none of the

(P2,000,000,000) allocation provided disqualifications of a voter, he shall
Page

be registered. Otherwise, he shall not prepared and kept in the central

be registered. office of the Commission. The
applications in the national central
The name and address of each
file shall be compiled alphabetically
registered voter shall, immediately
according to the surnames of the
upon his registration, be entered in
registered voters regardless of the
the proper alphabetical group in the
place of registration.
list after which the voter
identification card shall be issued to Section 132. Preservation of voter's
the voter. affidavits. - A copy of the affidavit of
each voter shall be kept by the board
Section 130. Provincial central file of
of election inspectors until after the
registered voters. - There shall be a
election when it shall deliver the
provincial central file of registered
same to the election registrar
voters containing the duplicate
together with the copies of the list of
copies of all approved voter's
voters and other election papers for
affidavits in each city and
use in the next election. The election
municipality in the province which
registrar shall compile the voter's
shall be under the custody and
affidavits by precinct alphabetically in
supervision of the provincial election
a book of voters. The other two
supervisor. The applications shall be
copies shall be sent by the board of
compiled alphabetically by precincts
election inspectors on the day
so as to make the file an exact replica
following the date of the affidavit to
of the book of voters in the
the office of the provincial election
possession of the election registrar.
supervisor and the Commission in
Should the book of voters in the Manila. The provincial election
custody of the election registrar be supervisor and the Commission shall
lost or destroyed at a time so close to respectively file and preserve the
the election day that there is no time voter's affidavits by city and
to reconstitute the same, the municipality and in alphabetical order
corresponding book of voters in the of their surnames. The fourth copy
provincial file shall be used during the shall be given to the voter as
voting. evidence of his registration.
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
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affidavits in all cities and the election, a number opposite the

Page
municipalities which shall be name of each voter registered,

beginning with number one and inspectors shall close each

continuing in consecutive order until alphabetical group of surnames of
the end of the list. In the second voters by writing the dates on the
column, the surnames of the next line in blank, which shall be
registered voters shall be written in forthwith signed by each member,
alphabetical order followed by their and, before adding a new name on
respective first names, without the same page at the next meeting, it
abbreviations of any kind. In the third shall write the following: "Added at
column, the respective residences of the _ _ _ meeting" specifying if it is
such persons with the name of the the second third or fourth meeting of
street and number, or, in case there the board, as the case may be. If the
be none, a brief description of the meeting adjourned is the last one for
locality or place. In the fourth the registration of voters, the board
column, shall be entered the periods shall, besides closing each
of residence in the Philippines and in alphabetical group of voters as above
the city or municipality. In the fifth provided, add at the end of the list a
column, there shall be entered on the certificate (a) of the corrections and
day of the election the numbers of cancellations made in the permanent
the ballots which were given list, specifying them, or that there has
successively to each voter. In the been none, and (b) of the total
sixth column, the voter shall stamp number of voters registered in the
on the day of the election the mark of precinct.
the thumb of his right hand and
Section 135. Publication of the list. -
under said mark his signature. And in
At the first hour of the working day
the seventh column, the signature of
following the last day of registration
the chairman of the board of election
of voters, the poll clerk shall deliver
inspectors who has handed the ballot
to the election registrar a copy of the
to the voter. It will be sufficient that
list certified to by the board of
the fifth, sixth, and seventh columns
election inspectors as provided in the
shall be filled in the copy of the list
preceding section; another copy, also
under the custody of the board of
certified, shall be sent to the
election inspectors which shall see to
provincial election supervisor of the
it that the thumbmark is stamped
province, and another, likewise
plainly.
certified, shall be sent to the
Section 134. Certificate of the board Commission, in whose offices said
of election inspectors in the list of copies shall be open to public
voters. - Upon the adjournment of inspection during regular office
115
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
was received and its decision shall be

immediately final and executory. No
Page
give to each party a brief certified

motion for reconsideration shall be proof that he has applied without

entertained by the courts. success to the board of election
inspectors and that he has served
Section 139. Petition for inclusion of
notice thereof upon a member of the
voters in the list. - Any person whose
board.
application for registration has been
disapproved by the board of election Section 141. Change of name of
inspectors or whose name has been registered voter. - Any previously
stricken out from the list may apply, registered voter whose name has
within twenty days after the last been changed by reason of marriage
registration day, to the proper or by virtue of a court order may
municipal or metropolitan trial court, request the board of election
for an order directing the board of inspectors during any of its meetings
election inspectors to include or held under this Article that his
reinstate his name in the list, registration in the list be recorded
together with the certificate of the under his or her new name.
board of election inspectors
Section 142. Petition for exclusion of
regarding his case and proof of
voters from the list. - Any registered
service of notice of his petition upon
voter in a city or municipality may
a member of the board of election
apply at any time except during the
inspectors with indication of the
period beginning with the twenty-
time, place, and court before which
first day after the last registration day
the petition is to be heard.
of any election up to and including
Section 140. Voters excluded through election day with the proper
inadvertence or registered with an municipal or metropolitan trial court,
erroneous or misspelled name. - Any for the exclusion of a voter from the
voter registered in the permanent list list, giving the name and residence of
who has not been included in the list the latter, the precinct in which he is
prepared for the election or who has registered, and the grounds for the
been included therein with a wrong challenge. The petition shall be sworn
or misspelled name shall have the to and accompanied by proof of
right to file an application on any notice to the board of election
date with the proper municipal or inspectors concerned, if the same is
metropolitan trial court, for an order duly constituted, and to the
directing that his name be reinstated challenged voters.
in the list or that he be registered
Section 143. Common rules governing
with his correct name. He shall attach
judicial proceedings in the matter of
to such application a certified copy of
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inclusion, exclusion, and correction of

the entry of his name in the list of the
names of voters. -
Page
preceding election, together with

(a) Outside of regular office hours no should be satisfied that the

petition for inclusion, exclusion, or application has been filed for the sole
correction of names of voters shall be purpose of molesting the adverse
received. party and causing him to incur
expenses, it may condemn the
(b) Notices to the members of the
culpable party to pay the costs and
board of election inspectors and to
incidental expenses.
challenged voters shall state the
place, day and hour in which such (e) Any candidate who may be
petition shall be heard, and such affected by the proceedings may
notice may be made by sending a intervene and present his evidence.
copy thereof by registered mail or by
(f) The decision shall be based on the
personal delivery or by leaving it in
evidence presented. If the question is
the possession of a person of
whether or not the voter is real or
sufficient discretion in the residence
fictitious, his non-appearance on the
of the said person or, in the event
day set for hearing shall be prima
that the foregoing procedure is not
facie evidence that the registered
practicable, by posting a copy in a
voter is fictitious. In no case shall a
conspicuous place in the city hall or
decision be rendered upon a
municipal building and in two other
stipulation of facts.
conspicuous places within the city or
municipality, at least ten days prior to (g) These applications shall be heard
the day set for the hearing. and decided without delay. The
decision shall be rendered within six
In the interest of justice and to afford
hours after the hearing and within
the challenged voter every
ten days from the date of its filing in
opportunity to contest the petition
court. Cases appealed to the regional
for exclusion, the court concerned
trial court shall be decided within ten
may, when the challenged voter fails
days from receipt of the appeal in the
to appear in the first day set for the
office of the clerk of court. In any
hearing, order that notice be effected
case, the court shall decide these
in such manner and within such
petitions not later than the day
period of time as it may decide,
before the election and the decision
which time shall in no case be more
rendered thereon shall be
than ten days from the day the
immediately final and executory,
respondent is first found in default.
notwithstanding the provisions of
(c) Each petition shall refer to only Section 138 on the finality of
one precinct. decisions.
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(d) No costs shall be assessed in these Section 144. Canvass to check

Page
proceedings. However, if the court registration. - The election registrar

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,
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
no order, ruling or decision

all registered political parties, destruction of approved applications

organization or coalition or political for registration in their custody. Such
parties in the province or city
reconstitution shall be made with the
concerned. Expenses for the
publication and notices shall be use of the corresponding copies in
borne by the petitioner, which as the national or provincial central files
preliminary estimated, shall be of registered voters: Provided, That if
deposited with the Commission. If this is not feasible, the registered
the petitioner is an Election
Registrar the expenses for voter concerned may be summoned
publication shall be borne by the by the election registrar to effect
Commission. such reconstitution by accomplishing
a new application. Reconstituted
Section 4. Time to File
Opposition. - On or before the forms shall be clearly marked with
date set for the hearing, any the word "reconstituted".
interested party may file a verified
opposition to the petition. The reconstitution of any lost or
destroyed application for registration
Section 5. Summary shall not affect the criminal liability of
Proceedings. - The petition may
any person or persons who may be
be heard summarily.
responsible for such loss or
Section 6. Delegation of Hearing destruction.
and Reception of Evidence. - The
hearing and reception of evidence Section 147. Examination of
may be delegated by the registration records. - All registration
Commission to any of its officials records in the possession of the city
who are members of the Philippine
or municipal election registrar, the
Bar.
provincial election supervisor, and
Section 7. Prohibition of the Commission shall, during regular
Execution of Decision. - Any office hours, be open to examination
provision of these Rules to the
by the public with legitimate inquiries
contrary notwithstanding, a
decision to annul a book of voters for purposes of election.
shall not be executed within sixty
(60) days before an election. Law enforcement agencies shall,
upon prior authorization by the
Section 146. Reconstitution of lost or Commission, have access to said
destroyed registration records. - The registration records should the same
Commission shall reconstitute all be necessary to, or in aid of, their
registration records which have been investigative functions and duties,
lost or destroyed. For this purpose, it subject to regulations promulgated
shall be the duty of the election by the Commission.
120
registrar to immediately report to the

Section 148. List of voters. - Fifteen
Commission any case of loss or
Page
days before the date of the regular

election or special election, comprising an election precinct shall

referendum or plebiscite, the board not be altered or a new precinct
of election inspectors must post the established within forty-five days
final list of voters in each precinct before a regular election and thirty
with each and every page thereof days before a special election or a
duly signed or subscribed and sworn referendum or plebiscite.
to by the members of the board of
election inspectors and that failure to
BY SECTION 8 OF RA 7166, provides
comply with this provision will
–
constitute an election offense.
Any candidate or authorized Section 8. Precincts and their

Establishment. - Any provision of
representative of an accredited law to the contrary
political party, upon formal request notwithstanding, where it is not
made to an election registrar, shall be practicable to divide the precinct
entitled to a certified copy of the by territory, the Commission may
adjust or split the precinct by
most recent list of voters in any
assigning the registered voters
precinct, municipality, city or therein alphabetically and
province, upon payment of a equitably among the adjusted or
reasonable fee as may be prescribed split precincts: Provided, That, the
by the Commission. polling places of said precincts
shall be in the same building or
ARTICLE XIII premises.
PRECINCTS AND POLLING PLACES
Section 150. Arrangements of
Section 149. Precincts and their election precincts. -
establishment. - The unit of territory
(a) Each election precinct shall have,
for the purpose of voting is the
as far as possible not more than three
election precinct, and every barangay
hundred voters and shall comprise, as
as of the approval of this Act shall
far as practicable, contiguous and
have at least one such precinct.
compact territory.
The Commission shall establish all
(b) When it appears that an election
election precincts.
precinct contains more than three
The precincts actually established in hundred voters, the Commission
the preceding regular election shall shall, in the interest of orderly
be maintained, but the Commission election, and in order to facilitate the
may introduce such adjustments, casting of votes, be authorized to
changes or new divisions or abolish divide a precinct not later than one
121
them, if necessary: Provided, week after the last day of registration

however, That the territory of voters. But the polling place of all
Page

the precincts created thereby shall be provincial superintendent of schools,

located in the same building or etc. together with the corresponding
compound where the polling place of maps, which shall be published as
the original precinct is located, and if prescribed in the next succeeding
this be not feasible, in a place as sections.
close as possible to the polling place
Section 151. Publication of maps or
of the original precinct: Provided,
precincts. - At least five days before
however, That the polling place of
the first registration day preceding a
the new precinct may be located
regular election or special election or
elsewhere upon written petition of
a referendum or a plebiscite, the
the majority of the voters of the new
Commission shall, through its duly
precinct: Provided, further, That
authorized representative, post in the
when a precinct is divided into two or
city hall or municipal building and in
more precincts, the registered voters
three other conspicuous places in the
shall be included in the precinct
city or municipality and on the door
wherein they reside. Every case of
of each polling place, a map of the
alteration of a precinct shall be duly
city or municipality showing its
published by posting a notice of any
division into precincts with their
change in conspicuous location in the
respective boundaries and indicating
precinct, and in the municipal
therein all streets and alleys in
building or city hall, as the case may
populous areas and the location of
be.
each polling place.
(c) A municipality which has been
These maps shall be kept posted until
merged with another municipality
after the election, referendum or
shall constitute at least one election
plebiscite.
precinct, if the distance between the
remotest barangay of the merged Section 152. Polling place. - A polling
municipality and the nearest polling place is the building or place where
place in the municipality to which it the board of election inspectors
has been merged shall, by the conducts its proceedings and where
shortest road, exceed five kilometers. the voters shall cast their votes.
(d) An island or group of islands Section 153. Designation of polling

having one hundred and fifty or more places. - The location of polling places
voters shall constitute a precinct. designated in the preceding regular
election shall continue with such
(e) Any alteration of the election
changes as the Commission may find
precincts or the establishment of new
necessary, after notice to registered
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ones shall be communicated to the

political parties and candidates in the
provincial election supervisor, the
Page
political unit affected, if any, and

hearing: Provided, That no location degree of consanguinity or affinity, or

shall be changed within forty-five any officer of the government or
days before a regular election and leader of any political party, group or
thirty days before a special election faction, nor in any building or
or a referendum or plebiscite, except surrounding premises under the
in case it is destroyed or it cannot be actual control of a private entity,
used. political party or religious
organization. In places where no
Section 154. Requirements for polling
suitable public building is available,
places. - Each polling place shall be,
private school buildings may be used
as far as practicable, a ground floor
as polling places. No polling place
and shall be of sufficient size to admit
shall be located within the perimeter
and comfortably accommodate forty
of or inside a military or police camp
voters at one time outside the guard
or reservation or within a prison
rail for the board of election
compound.
inspectors. The polling place shall be
located within the territory of the Any registered voter, candidate or
precinct as centrally as possible with political party may petition the
respect to the residence of the voters Commission not later than thirty days
therein and whenever possible, such before the first registration day for
location shall be along a public road. the transfer of the polling place from
No designation of polling places shall the prohibited buildings provided
be changed except upon written herein. Such petition shall be heard
petition of the majority of the voters and decided by the Commission
of the precinct or agreement of all within twenty days from the filing of
the political parties or by resolution the petition. Failure to effect the
of the Commission upon prior notice transfer of the polling place after the
and hearing. Commission found it to be located in
violation of this section within the
A public building having the
period prescribed herein shall be a
requirements prescribed in the
ground for the postponement of the
preceding paragraph shall be
election in the polling place
preferred as polling place.
concerned.
Section 155. Building that shall not be
Section 156. Signs and flags of polling
used as polling places. - No polling
places. - On the day of the voting as
place shall be located in a public or
well as on any day that the board of
private building owned, leased, or
election inspectors might meet, every
occupied by any candidate or of any
polling place shall have in front a sign
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person who is related to any

showing the number of the precinct
candidate within the fourth civil
Page
to which it belongs and the Philippine

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.
Section 158. Voting booth. - During Section 159. Guard rails. -

the voting, there shall be in each
(a) In every polling place there shall
polling place a booth for every
be a guard rail between the voting
twenty voters registered in the
booths and the table for the board of
precinct. Each booth shall be open on
election inspectors which shall have
the side fronting the table for the
separate entrance and exit. The
board of election inspectors and its
booths shall be so arranged that they
three sides shall be closed with walls
can be accessible only by passing
at least seventy centimeters wide and
through the guard rail and by
two meters high. The upper part shall
entering through its open side facing
be covered, if necessary, to preserve
the table of the board of election
the secrecy of the ballot. Each booth
inspectors.
shall have in the background a shelf
so placed that voters can write (b) There shall also be a guard rail for
therein while standing and shall be the watchers between the place
kept clearly lighted, by artificial lights, reserved for them and the table for
if necessary, during the voting. the board of election inspectors and
at a distance of not more than fifty
The Commission shall post inside
centimeters from the latter so that
each voting booth and elsewhere in
the watchers may see and read
the polling place on the day before
clearly during the counting of the
the election, referendum and
contents of the ballots and see and
plebiscite a list containing the names
count the votes recorded by the
of all the candidates or the issues or
board of election inspectors member
questions to be voted for, and shall at
on the corresponding tally sheets.
all times during the voting period
keep such list posted in said places. (c) There shall also be, if possible,
guard rails separating the table of the
board of election inspectors from the
voters waiting for their turn to cast
–
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their votes, with entrance and exit to

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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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and for any loss, destruction,

election day, the board of election
impairment or damage of any
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inspectors shall immediately report it

election equipment, material or SECTION 164 HAS BEEN AMENDED

document in their possession BY SECTION 13 OF RA 6646, provides
furnished under this Code. –
Section 163. Inspection of polling Section 13. Board of Election

places. - Before the day of the Inspectors. - The board of
election, referendum or plebiscite, election inspectors to be
constituted by the Commission
the Chairman of the Commission
under Section 164 of Batas
shall, through its authorized Pambansa Blg. 881 shall be
representatives, see to it that all composed of a chairman and two
polling places are inspected and such (2) members, one of whom shall
omissions and defects as may be be designated as poll clerk, all of
whom shall be public school
found corrected. The Commission
teachers, giving preference to
shall keep the reports on these those with permanent
inspections. appointments. In case there are
not enough public school
teachers, teachers in private
schools, employees in the civil
ARTICLE XIV service, or other citizens of known
BOARD OF ELECTION INSPECTORS probity and competence who are
registered voters of the city or
Section 164. Composition and municipality may be appointed for
appointment of board of election election duty.
inspectors. - At least thirty days
Section 165. Oath of the members of
before the date when the voters list
the board of election inspectors. - The
is to be prepare in accordance with
this Code, in the case of a regular
inspectors, whether permanent,
election or fifteen days before a
substitute or temporary, shall before
special election, the Commission
assuming their office, take and sign
shall, directly or through its duly
an oath upon forms prepared by the
authorized representatives,
Commission, before an officer
constitute a board of election
authorized to administer oaths or, in
inspectors for each precinct to be
his absence, before any other
composed of a chairman and a poll
member of the board of election
clerk who must be public school
inspectors present, or in case no one
teachers, priority to be given to civil
is present, they shall take it before
service eligibles, and two members,
any voter. The oaths shall be sent
each representing the two accredited
immediately to the city or municipal
political parties. The appointment
treasurer.
shall state the precinct to which they
126
are assigned and the date of the Section 166. Qualification of

Page
appointment. members of the board of election

inspectors. - No person shall be c. Perform such other functions

appointed chairman, member or prescribed by this Code or by the
substitute member of the board of rules and regulations promulgated by
election inspectors unless he is of the Commission.
good moral character and
Section 169. Voting privilege of
irreproachable reputation, a
members of board of election
registered voter of the city or
inspectors. - Members of the board of
municipality, has never been
election inspectors and their
convicted of any election offense or
substitutes may vote in the polling
of any other crime punishable by
place where they are assigned on
more than six months of
election day: Provided, That they are
imprisonment, or if he has pending
registered voters within the province,
against him an information for any
city or municipality where they are
election offense. He must be able to
assigned: and Provided, finally, That
speak and write English or the local
their voting in the polling places
dialect.
where they are not registered voters
Section 167. Disqualification. - No be noted in the minutes of the board
person shall serve as chairman or of election inspectors.
Section 170. Relief and substitution of
inspectors if he is related within the
fourth civil degree of consanguinity
inspectors. - Public school teachers
or affinity to any member of the
who are members of the board of
board of election inspectors or to any
election inspectors shall not be
candidate to be voted for in the
relieved nor disqualified from acting
polling place or his spouse.
as such members, except for cause
Section 168. Powers of the board of and after due hearing.
election inspectors. - The board of
Any member of the board of election
election inspectors shall have the
inspectors, nominated by a political
following powers and functions:
party, as well as his substitute may at
a. Conduct the voting and counting of any time be relieved from office and
votes in their respective polling substituted with another having the
places; legal qualifications upon petition of
the authorized representative of the
b. Act as deputies of the Commission
party upon whose nomination the
in the supervision and control of the
appointment was made, and it shall
election in the polling places wherein
be unlawful to prevent said person
they are assigned, to assure the
127
from, or disturb him in, the

holding of the same in a free, orderly
performance of the duties of the said
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and honest manner; and

office. A record of each case of such order shall not be executed as to

substitution shall be made, setting prevent any person so taken into
forth therein the hour in which the custody from exercising his right to
replaced member has ceased in the vote. Such order shall be executed by
office and the status of the work of any peace officer to whom it may be
the board of election inspectors. Said delivered, but if none be present, by
record shall be signed by each any other person deputized by the
member of the board of election board of election inspectors in
inspectors including the incoming and writing.
outgoing officers.
Section 173. Prohibition of political
Section 171. Vacancy in the board of activity. - No member of the board of
election inspectors. - Every vacancy in election inspectors shall engage in
the board of election inspectors shall any partisan political activity or take
be filled for the remaining period in part in the election except to
the manner hereinbefore prescribed. discharge his duties as such and to
vote.
Section 172. Proceedings of the board
of election inspectors. - The meetings Section 174. Functioning of the board
of the board of election inspectors of election inspectors. - The board of
shall be public and shall be held only election inspectors shall act through
in the polling place authorized by the its chairman, and shall decide without
Commission. delay by majority vote all questions
which may arise in the performance
The board of election inspectors shall
of its duties.
have full authority to maintain order
within the polling place and its Section 175. Temporary vacancies. -
premises, to keep access thereto If, at the time of the meeting of the
open and unobstructed, and to board of election inspectors, any
enforce obedience to its lawful member is absent, or the office is still
orders. If any person shall refuse to vacant, the members present shall
obey lawful orders of the board of call upon the substitute or the absent
election inspectors, or shall conduct members to perform the duties of
himself in a disorderly manner in its the latter; and, in case such
presence or within its hearing and substitute cannot be found, the
thereby interrupt or disturb its members present shall appoint any
proceedings, the board of election non-partisan registered voter of the
inspectors may issue an order in polling place to temporarily fill said
writing directing any peace officer to vacancy until the absent member
128
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
Page

present, they shall act jointly: the performance of duties of the

Provided, That if the absent member board of election inspectors.
is one who has been proposed by an
ARTICLE XV
accredited political party, the
WATCHERS
representative of said political party
or in his absence the watchers Section 178. Official watchers of
belonging to said party shall candidates. - Every registered
designate a registered voter of the political party, coalition of political
polling place to temporarily fill said parties and every independent
vacancy: Provided, further, That in candidate shall each be entitled to
the event or refusal or failure of one watcher in every polling place.
either representative or watchers of
No person shall be appointed
said political party to make the
watcher unless he is a qualified voter
designation, the members of the
of the city or municipality, of good
board of election inspectors present
reputation and shall not have been
shall choose a non-partisan
convicted by final judgment of any
registered voter of the polling place
election offense or of any other
to fill the vacancy.
crime, must know how to read and
Section 176. Temporary designation write Pilipino, English, Spanish or any
of members of the board of election of the prevailing local dialects, and
inspectors by watchers. - If at the not related within the fourth civil
time the board of election inspectors degree of consanguinity or affinity to
must meet, all the positions in the the chairman or any member of the
board of election inspectors are board of election inspectors in the
vacant, or if not one of the appointed polling place where he seeks
members shall appear, the watchers appointment as a watcher.
present may designate voters of the
Each candidate, political party or
polling place to act in the place of
coalition of political parties shall
said members until the absentees
designate in every province, highly
shall appear or the vacancies are
urbanized city or district in the
filled.
Metropolitan Manila area, a
Section 177. Arrest of absent representative authorized to appoint
members. - The member or members watchers, furnishing the provincial
of the board of election inspectors election supervisor or the city
present may order the arrest of any election registrar, as the case may be,
other member or substitute thereof, the names of such representatives.
who in their judgment, has absented The provincial election supervisors
129
himself with intention of obstructing shall furnish the municipal election

Page
registrars and election registrars of

component cities with the list of such (b) The number of

representatives. incumbent elective officials
belonging to them ninety
In the case of Metropolitan Manila, (90) days before the date of
the designation of the persons election;
authorized to appoint watchers shall (c) Their identifiable political
be filed with the Commission, which organizations and strengths
shall furnish the list of such as evidenced by their
representatives to the respective city organized/chapters;
and municipal election registrars. (d) The ability to fill a
complete slate of candidates
from the municipal level to
BY SECTION 26 OF RA 7166 – the position of President;
provides – and
Section 26. Official Watchers. - (e) Other analogous

Every registered political party or circumstances that may
coalition of political parties, and determine their relative
every candidate shall each be organizations and strengths.
entitled to one watcher in every
polling place and canvassing Section 179. Rights and duties of
center: Provided, That, candidates watchers. - Upon entering the polling
for the Sangguniang place, the watchers shall present and
Panlalawigan, Sangguniang deliver to the chairman of the board
Panlungsod, or Sangguniang
Bayan belonging to the same slate of election inspectors his
or ticket shall collectively be appointment, and forthwith, his
entitled to only one watcher. name shall be recorded in the
minutes with a notation under his
There shall also be recognized six
(6) principal watchers, signature that he is not disqualified
representing the six (6) accredited under the second paragraph of
major political parties, who shall Section 178. The appointments of the
be designated by the Commission watchers shall bear the personal
upon nomination of the said
signature or the facsimile signature of
parties. These political parties
shall be determined by the the candidate or the duly authorized
Commission upon notice and representatives of the political party
hearing on the basis of the or coalition of political parties who
following circumstances: appointed him or of organizations
(a) The established record of authorized by the Commission under
the said parties, coalition of Section 180. The watchers shall have
groups that now composed the right to stay in the space reserved
130
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
Page

and inform themselves of the constitute an election offense and

proceedings of the board of election shall be penalized under this Code.
inspectors, including its proceedings
Section 180. Other watchers. - The
during the registration of voters, to
duly accredited citizens arm of the
take notes of what they may see or
Commission shall be entitled to
hear, to take photographs of the
appoint a watcher in every polling
proceedings and incidents, if any,
place. Other civic, religious,
during the counting of votes, as well
professional, business, service, youth
as of election returns, tally boards
and any other similar organizations,
and ballot boxes, to file a protest
with prior authority of the
against any irregularity or violation of
Commission, shall be entitled
law which they believe may have
collectively to appoint one watcher in
been committed by the board of
every polling place.
election inspectors or by any of its
members or by any persons, to RULE 33 OF THE COMELEC RULES OF
obtain from the board of election PROCEDURE, provides –
inspectors a certificate as to the filing
of such protest and/or of the Rule 33 - Accreditation of
Citizens' Arms of the
resolution thereon, to read the Commission
ballots after they shall have been
read by the chairman, as well as the Section 1. Who May Be
election returns after they shall have Accredited as Citizens' Arms of
the Commission. - Any bona fide
been completed and signed by the non partisan group, association or
members of the board of election organization from the civic, youth,
inspectors without touching them, professional, educational,
but they shall not speak to any business or labor sectors with
indentifiable leadership,
membership and structure, and
inspectors, or to any voter, or among with demonstrated capacity to
themselves, in such a manner as promote the public interest and
would distract the proceedings, and assist the Commission in the
to be furnished with a certificate of performance of its functions and
activities as mandated by the
the number of votes in words and Constitution and by law, may be
figures cast for each candidate, duly accredited as citizens' arms of the
signed and thumbmarked by the Commission.
chairman and all the members of the
Section 2. Petition to be
board of election inspectors. Refusal Accredited. - The group,
of the chairman and the members of association or organization
the board of election inspectors to mentioned in Section 1 hereof
131
sign and furnish such certificate shall may file a petition for accreditation
duly verified by its President,
Page
Chairman of the Board of

Directors, or any of its duly (f) That it is not supported by

authorized officer. or under the influence of any
foreign government or any of
Section 3. Contents of the its agencies or
Petition. - The petition shall state instrumentalities; or of any
the following: foreigner, whether natural or
juridical person;
(a) The constituency to
which petitioner seeks (g) That it shall not solicit or
accreditation; receive, directly or indirectly,
any contribution or aid of
(b) That it is not supporting whatever form or nature
any candidate, political from any foreign
party, organization or government, or any of its
coalition of political parties, agencies or
in the constituency where it instrumentalities, or from any
seeks accreditation; foreigner, a natural or
juridical person;
(c) Nature of its membership
(whether civic, youth etc.); (h) That it does not seek to
names of its officers or achieve its objectives, goals
organizers, location of or programs through
principal office or place of violence or other unlawful
business and an assurance means, nor aim to propagate
of its capability to undertake any ideology opposed to the
a coordinated operation and principles of a republican
activity to assist the and democratic government;
Commission; and
(d) That it shall submit itself (i) That it undertakes to
to the direct and immediate police its ranks and prevent
control and supervision and infiltration by persons or
comply with the orders of the groups of persons who may,
Commission in the directly or indirectly, destroy
performance of its specific its character of non-
functions and activities partisanship and impartially.
provided by law, and such
other functions and activities Section 4. Notice of Hearing. -
provided by law, and such Upon the filing of the petition, the
other functions and activities Commission en banc shall
which the Commission may immediately set it for hearing. The
assign; Commission may, if it deems
necessary, order the publication of
(e) That it shall strictly the petition in a newspaper of
remain non-partisan and general circulation at the expense
impartial during the of the petitioner.
registration and election
132
periods; Section 5. Opposition. - Any

person, group, association or
Page

organization, political party or Unless the impartiality or non-

coalition of political parties partisanship of the members
possessing relevant information or concerned is questioned in writing,
evidence against the petitioner the Election Registrar shall extend
may oppose its accreditation by the corresponding appointments to
filing a verified opposition. such members as poll watchers
stating therein the precincts to
Notwithstanding the absence of which they are assigned. The
any opposition, the Commission members so appointed shall have
may motu proprio require the the same duties, functions, and
petitioner to present evidence to rights as watchers of registered
support its petition. political parties, organization or
coalition of political parties.
Section 6. Decision. - The
decision of the Commission Section 10. Revocation of
granting the petition may provide Accreditation. - The accreditation
conditions to be strictly complied of any group, association or
with by the petitioner. organization as Citizens' Army
may be revoked by the
Section 7. Certificate of Commission after notice and
Accreditation. - If the decision is hearing, whenever it shows or acts
for the accreditation of the with partiality in any political issue
petitioner, the Commission shall or to any political party,
issue a certificate of accreditation organization or coalition of political
containing the following: parties, or has performed acts in
excess of its duties and functions
(a) The name of the group or as provided by law, or has failed to
organization; comply with the conditions
imposed upon it in the decision
(b) The constituency to
granting accreditation.
which it is accredited; and
Section 11. Expiration of
(c) The political exercise for
Accreditation. - The accreditation
which it is accredited.
shall automatically lapse at the
Section 8. Submission of Names end of the election period of the
and Addresses of Local political exercise for which the
Representatives. - After its petitioner was accredited as
accreditation, the petitioner shall citizens' arm.
submit to the Election Registrars
ARTICLE XVI
in the constituency where it is
accredited, the names and OFFICIAL BALLOTS AND ELECTION
addresses of its local RETURNS
representatives who shall act as
non-partisan watchers and Section 181. Official ballots. - Ballots
substitute watchers therein during for national and local offices shall be
the entire electoral exercise.
133
of uniform size and color and shall be

Section 9. Appointment of provided at public expense. They
Page
Watchers by Election Registrars. - shall be printed on paper with

watermarks or other marks that will prescribe a different form of ballot to

readily distinguish the ballot paper facilitate voting by illiterate voters
from ordinary paper. Each ballot shall and to use or adopt the latest
be in the shape of a strip with stub technological and electronic devices
and detachable coupon containing as authorized under paragraph (i) of
the serial number of the ballot, and a Section 52 hereof.
space for the thumbmark of the voter
on the detachable coupon. It shall
bear at the top on the middle portion
–
thereof the coat of arms of the
Republic of the Philippines, the words Section 23. Officials Ballots. -
"Official Ballot", the name of the city
or the municipality and province in (a) Ballots for national and
local elections, regular or
which the election is held, the date of
special, plebiscites and
the election, and the following referenda, shall be of
notice: "Fill out this ballot secretly uniform size and shall be
inside the voting booth. Do not put prescribed by the
any distinctive mark on any part of Commission. They shall be
printed in black ink on which
this ballot." security paper with
distinctive, clear and legible
The ballot shall also contain the
watermarks that will readily
names of all the offices to be voted distinguish it from ordinary
for in the election, allowing opposite paper. Each ballot shall be in
the name of each office, sufficient the shape of a strip with stub
space or spaces with horizontal lines and detachable coupon
containing the serial number
where the voter may write the name of the ballot, and a space for
or names of the individual candidates the thumbmark of the voter
voted for by him. on the detachable coupon. It
shall bear at the top of the
There shall not be anything on the voter on the detachable
reverse side of the ballot. coupon. It shall bear at the
top of the middle portion
Ballots in cities and municipalities thereof the coat-of-arms of
where Arabic is of general use shall the Republic of the
have each of the titles of offices to be Philippines, the word
"Official Ballot," the name of
voted printed in Arabic in addition to the city or the municipality
and immediately below the English and province in which the
title. election is to be held, the
date of the election, and the
Notwithstanding the preceding
134
following notice in English:

provisions of this section, the "Fill out this ballot secretly
inside the voting booth. Do
Page
Commission is hereby empowered to

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
Section 182. Emergency ballots. - No

ballots other than the official ballots
Page
shall be used or counted, except in

Section 184. Printing of official the name of the city or municipality

ballots and elections returns. - The in which the returns are to be used.
official ballots and election returns For this purposes, the Commission
shall be printed by the Government shall acquire, if necessary, a special
Printing Office and/or the Central kind of carbon paper or chemically
Bank printing facilities exclusively, treated paper.
under the exclusive supervision and
Section 185. Sample official ballots. -
control of the Commission which
The Commission shall provide the
shall determine and provide the
board of election inspectors with
necessary security measures in the
sample official ballots at the rate of
printing, storage and distribution
thirty ballots per polling place. The
thereof.
sample official ballots shall be printed
Each ballot shall be joined by a on colored paper, in all respects like
perforated line to a stub numbered the official ballots but bearing instead
consecutively, beginning with the words "Sample Official Ballot", to
number "1" in each city and be shown to the public and used in
municipality. Each ballot shall also demonstrating how to fill out and
have at the bottom a detachable fold the official ballots properly. No
coupon bearing the same number of name of any actual candidate shall be
the stub. Each pad of ballots shall written on the spaces for voting on
bear on its cover the name of the city the sample official ballots provided
or municipality in which the ballots by the Commission, nor shall they be
are to be used and the inclusive serial used for voting.
numbers of the ballots contained
therein.
BY RA 7904
The official ballots shall be bound in
Section 1. Section 185 of the
separate pads of fifty or one hundred
Omnibus Election Code, as amended,
ballots each as may be required. is hereby amended to read as
follows:
The election returns shall be
prepared in sets of six copies per set "Sec. 185. Official Sample Ballots. —
and shall be numbered consecutively, The Commission shall provide the
beginning with number "1" in each board of election inspectors with
city and municipality. Each set of the official sample ballots at the rate of
election returns shall be printed in thirty (30) ballots per polling place.
such a manner that will ensure that The official sample ballots shall be
printed on colored paper, in all
the entries on the original of the
respects like the official ballots but
136
returns are clearly reproduced on the bearing instead the words 'Official
other copies thereof and shall bear Sample Ballot' to be shown to the
Page

public and used in demonstrating in a single sheet or booklet form, and

how to fill out and fold the official the number and location of the
ballots properly. No name of any voters' polling place shall be
actual candidate shall be written on prominently indicated therein.
the spaces for voting on the official Persons nominated under the party-
sample ballots provided by the list system likewise be included in the
Commission, nor shall they be used abovementioned list."
for voting.
Sec. 2. The material provided for in
"At least thirty (30) days before an Section 1 herein shall be printed in
election, it shall be the duty of the the language or dialect understood
Commission on Elections to furnish by a majority of the voters in the
every registered voter through region.
registered mail with return card,
personal service with corresponding Sec. 3. This Act shall take effect
receipt to be signed by the voter or upon its approval.
any person who knows the voter, or
any other practicable means with an
unfilled official sample ballot, voter Section 186. Distribution of official
information sheet, and a list of all ballots and election returns. - The
registered national, provincial and official ballots and the election
city candidates to be voted in the said returns shall be distributed by the
election. The information sheet shall Commission to each city and
include the voter's name, address,
municipality at the rate of one and
the precinct and the place where he
is registered, and simplified one-fifth ballots for every voter
instructions as to the casting of registered in each polling place; and
votes. The names of the candidates for election returns, at the rate of
shall be listed in alphabetical order one set each for every polling place.
under their respective party
affiliation and a one-line statement The provincial, city or municipal
not to exceed three (3) words of their treasurer shall respectively keep a
occupation or profession: provided, record of the quantity and serial
however, that in the printing of the numbers of official ballots and
names of the candidates for national
election returns furnished the various
offices, the alphabetical order shall
provinces, cities, municipalities and
be democratized so that the listed
names shall be made in three (3) polling places, as the case may be,
columns: the first column shall legible copies of which record shall be
commence with the letter A and end furnished the duly authorized
with the letter Z; the second column provincial, city or municipal
shall commence with the letters 'I-Z' representatives of the ruling party
and thereafter — 'A-H' and the third
and the dominant opposition party,
137
column shall commence with the

letters 'Q-Z' and thereafter 'A-P'. and the Commission immediately
Page
These information may be contained

after the distribution is made of such collectively designated by the

official ballots and election returns. Commission, the latter shall allow any
person designated by any of the
The Commission shall prescribe the
former as watcher to observe the
use of official delivery receipts to be
proceedings of the committee on the
signed by the election registrar and
printing of official ballots and election
the chairman of the board of
returns, file objections, if any, witness
canvassers upon receipt of the
the printing and distribution of the
election returns.
ballots and the returns and guard the
No official ballots or election returns premises of the printer.
shall be delivered to the board of
election inspectors earlier than the
BY SECTION 8 RA 6646, provides –
first hour of election day: Provided,
however, That the Commission, after Section 8. Representatives of
written notice to the registered Parties During Printing of
political parties and the candidates, Returns and Ballots. - The
may, for justifiable reasons, authorize registered political parties or
coalitions of parties, or their
the delivery of said official ballots and components should there be any
election returns to the board of dissolution or division of said
election inspectors of any particular coalition, whose candidates
polling place at an earlier date. obtained at least ten percent
(10%) of the total votes cast in the
Section 187. Committee on printing, next preceding senatorial election
storage, and distribution of official shall each have a watcher and/or
representative in the procurement
ballots and election returns. - The and watermarking of papers not
Commission shall appoint a be used in the printing of election
committee of five members, two of returns and official ballots and in
whom shall be from among its the printing, numbering, storage,
and distribution thereof.
personnel, the third to be designated
by the Commission on Audit, and the Section 188. Duties of the committee
last two to be designated by the on printing of official ballots and
ruling party and the dominant election returns. - Under such orders
opposition party to act as its or instructions as the Commission
representatives in supervising the may issue, and in addition to general
printing, storage and distribution of supervision and control over the
official ballots and election returns. printing and shipment of official
ballots and election returns, the
Upon the request of any candidate,
political party or of civic, religious, committee on printing of official
138
professional, business, service, youth ballots and election returns shall (a)
take charge of the room or rooms
Page
or any similar organizations

where the paper and paraphernalia ARTICLE XVII

used in the printing of official ballots CASTING OF VOTES
and election returns are stored and
Section 190. Voting hours. - The
where printed official ballots and
casting of votes shall start at seven
election returns are packed and
o'clock in the morning and shall end
prepared for shipment, (b) supervise
at three o'clock in the afternoon,
all aspects relating to the printing,
except when there are voters present
storage and shipment of official
within thirty meters in front of the
ballots and election returns and
polling place who have not yet cast
report to the Commission any
their votes, in which case the voting
irregularity which they believe may
shall continue but only to allow said
have been committed, and (c)
voters to cast their votes without
perform such other related functions
interruption. The poll clerk shall,
as the Commission may direct.
without delay, prepare a complete
Section 189. Representatives of the list containing the names of said
registered political parties in the voters consecutively numbered, and
verification and distribution of official the voters so listed shall be called to
ballots and election returns. - The vote by announcing each name
ruling party and the dominant repeatedly three times in the order in
opposition party or their respective which they are listed. Any voter in the
duly authorized representatives in list who is not present when his name
the different provinces, cities and is called out shall not be permitted to
municipalities, shall submit the vote.
names of their respective watchers
Section 191. Preliminaries to the
who, together with the
voting. -
representatives of the Commission
and the provincial, city and municipal (a) The board of election inspectors
treasurer shall verify the contents of shall meet at the polling place at six-
the boxes containing the shipment of thirty o'clock in the morning of
official ballots, election returns and election day and shall have the book
sample official ballots received by the of voters containing all the approved
said treasurers. The provincial applications of registration of voters
treasurers shall keep a record of their pertaining to the polling place, the
receipt and distribution to each certified list of voters, the certified
municipal treasurer, while the city list of candidates, the ballot box, the
and municipal treasurer shall each official ballots, sufficient indelible
keep a record of their distribution to pencils or ball pens for the use of the
139
the board of election inspectors. voters, the forms to be used, and all
Page

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
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
140
of election inspectors unless the any one time. The watchers shall stay
Commission representative shall only in the space reserved for them,
Page

it being illegal for them to enter to be easily called by the board of

places reserved for the voters or for election inspectors at any time, but
the board of election inspectors or to never at the door, and in no case
mingle and talk with the voters within shall the said policeman or peace
the polling place. officer hold any conversation with
any voter or disturb or prevent or in
It shall be unlawful for any officer or
any manner obstruct the free access
member of the Armed Forces of the
of the voters to the polling place. It
Philippines including the Philippine
shall likewise be unlawful for any
Constabulary or the Integrated
barangay official to enter and stay
National Police or peace officer or
inside any polling place except to
any armed person belonging to any
vote or except when serving as a
extra-legal police agency, special
watcher or member of the board of
forces, reaction forces, strike forces,
election inspectors, in which case, he
home defense units, barangay tanod,
shall leave the polling place
or other similar forces or para-
immediately after voting.
military forces, including special
forces, security guards, special Section 193. Order of voting. - The
policeman, and all other kinds of voters shall vote in the order of their
armed or unarmed extra-legal police entrance into the polling place. The
officers, to enter any polling place, voters shall have the right to freely
unless it is his polling place where he enter the polling place as soon as
will vote but in such case he should they arrive unless there are voters
immediately leave the polling place, waiting inside, in which case they
no policeman or peace officer shall shall fall in line in the order of their
be allowed to enter or stay inside the arrival and shall not crowd around
polling place except when there is an the table of the board of election
actual disturbance of the peace and inspectors. The voters after having
order therein. However, the board of cast their votes shall immediately
election inspectors upon majority depart.
vote, if it deems necessary, may
Section 194. Manner of obtaining
make a call in writing, duly entered in
ballots. - The voter shall approach the
the minutes, for the detail of a
chairman and shall give his name and
policeman or any peace officer for
address together with other data
their protection or for the protection
concerning his person. In case any
of the election documents and
paraphernalia, in which case, the said
inspectors doubts the identity of the
policeman or peace officer shall stay
voter, the board of election
141
outside the polling place within a

inspectors shall check his voter's
radius of thirty meters near enough
Page
identification card or, if he does not

have any, the board of election 264 of the Omnibus Election

inspectors shall refer to his Code.
photograph and signature in the Section 195. Manner of preparing the
voter's application for registration. If ballot. - The voter, upon receiving his
the board of election inspectors is folded ballot, shall forthwith proceed
satisfied with his identity, the to one of the empty voting booths
chairman shall distinctly announce and shall there fill his ballot by
the voter's name in a tone loud writing in the proper space for each
enough to be plainly heard office the name of the individual
throughout the polling place. If such candidate for whom he desires to
voter has not been challenged, or if vote.
having been challenged, the question
has been decided in his favor, the No voter shall be allowed to enter a
voter shall forthwith affix his booth occupied by another, nor enter
signature in the proper space in the the same accompanied by somebody,
voting record, and the chairman shall, except as provided for in the
after first entering the number of the succeeding section hereof, nor stay
ballot in the corresponding space of therein for a longer time than
the voting record, deliver to the voter necessary, nor speak with anyone
one ballot correctly folded. No other than as herein provided while
person other than the chairman shall inside the polling place. It shall be
deliver official ballots nor shall more unlawful to prepare the ballot
than one ballot be delivered at one outside the voting booth, or to
time. exhibit its contents to any person, or
to erase any printing from the ballot,
SECTION 194 HAS BEEN or to intentionally tear or deface the
SUPPLEMENTED BY SECTION 24 OF same or put thereon any
RA 7166, provides – distinguishing mark. It shall likewise
Section 24. Signature of be unlawful to use carbon paper,
Chairman at the Back of Every paraffin paper, or other means for
Ballot. - In every case before making a copy of the contents of the
delivering an official ballot to the ballot or make use of any other
voter, the chairman of the board of
means to identify the vote of the
election inspectors shall, in the
presence of the voter, affix his voter.
signature at the back thereof.
Section 196. Preparation of ballots
Failure to so authenticate shall be
noted in the minutes of the board for illiterate and disabled persons. - A
of election inspectors and shall voter who is illiterate or physically
142
constitute an election offense unable to prepare the ballot by

punishable under Section 263 and himself may be assisted in the
Page
preparation of his ballot by a relative,

by affinity or consanguinity within the deface a ballot in such a way that it

fourth civil degree or if he has none, cannot lawfully be used, he shall
by any person of his confidence who surrender if folded to the chairman
belong to the same household or any who shall note in the corresponding
member of the board of election space in the voting record that said
inspectors, except the two party ballot is spoiled. The voter shall then
members: Provided, That no voter be entitled to another ballot which
shall be allowed to vote as illiterate the chairman shall give him after
or physically disabled unless it is so announcing the serial number of the
indicated in his registration record: second ballot and recording said
Provided, further, That in no case serial number in the corresponding
shall an assistor assist more than spaces in the voting record. If the
three times except the non-party second ballot is again spoiled or
members of the board of election defaced in such a way that it cannot
inspectors. The person thus chosen lawfully be used, the same shall be
shall prepare the ballot for the surrendered to the chairman and
illiterate or disabled voter inside the recorded in the same manner as the
voting booth. The person assisting first spoiled or defaced ballot.
shall bind himself in a formal However, no voter shall change his
document under oath to fill out the ballot more than twice.
ballot strictly in accordance with the
The spoiled ballot shall, without
instructions of the voter and not to
being unfolded and without removing
reveal the contents of the ballot
the detachable coupon, be distinctly
prepared by him. Violation of this
marked with the word "spoiled" and
provision shall constitute an election
signed by the board of election
offense.
inspectors on the endorsement fold
THE SECOND PARAGRAPH OF thereof and immediately placed in
SECTION 2, ARTICLE V OF THE 1987 the compartment for spoiled ballots.
CONSTITUTION, provides –
Section 198. Voting. -
The Congress shall also design a (a) After the voter has filled his ballot
procedure for the disabled and the
illiterates to vote without the he shall fold it in the same manner as
assistance of other persons. Until when he received it and return it to
then, they shall be allowed to vote the chairman.
under existing laws and such rules
as the Commission on Elections (b) In the presence of all the
may promulgate to protect the members of the board of election
secrecy of the ballot. inspectors, he shall affix his
143
Section 197. Spoiled ballots. - If a thumbmark on the corresponding

Page
voter should accidentally spoil or

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
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
board of election inspectors and of watcher may challenge any voter

Page
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
retrieved from the compartment for

oaths taken in connection therewith spoiled ballots;
Page
and the resolution of the board of

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
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
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
board of election inspectors shall board of election inspectors shall

count the ballots in the compartment then unfold the ballots and
Page

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
thereafter. The valid ballots so

see to it that the chairman reads the
withdrawn shall be mixed with the
Page
vote as written on the ballot, and the

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:
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
valid unless there is clear and good

unless one is a surname of an
reason to justify its rejection. The
Page
incumbent who has served for at

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
candidate, it shall be counted in his 12. Ballots which contain prefixes

favor for the office for which he is a such as "Sr.", "Mr.", "Datu", "Don",
Page

"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
by the voter to serve as identification

lead pencil, or in ink, wholly or in
marks, commas, dots, lines, or
Page
part, shall be valid.

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
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
Page
contents are correct. The returns

shall be accomplished in a single If the signatures and/or thumbmarks

sheet of paper, but if this is not of the members of the board of
possible, additional sheets may be election inspectors or some of them
used which shall be prepared in the as required in this provision are
same manner as the first sheet and missing in the election returns, the
likewise certified by the board of board of canvassers may summon the
election inspectors. members of the board of election
inspectors concerned to complete
The Commission shall take steps so
the returns.
that the entries on the first copy of
the election returns are clearly Section 213. Proclamation of the
reproduced on the second, third, result of the election in the polling
fourth, fifth, and sixth copies thereof, place. - Upon the completion of the
and for this purpose the Commission election returns, the chairman of the
shall use a special kind of paper. board of election inspectors shall
orally and publicly announce the total
Immediately upon the
number of votes received in the
accomplishment of the election
election in the polling place by each
returns, each copy thereof shall be
and every one of the candidates,
sealed in the presence of the
stating their corresponding office.
watchers and the public, and placed
in the proper envelope, which shall Section 214. Disposition of election
likewise be sealed and distributed as returns. -
herein provided.
(1) In a presidential election: the
Any election return with a separately board of election inspectors shall
printed serial number or which bears prepare in handwriting and sign the
a different serial number from that returns of the election in sextuplicate
assigned to the particular polling in their respective polling place in a
place concerned shall not be form to be prescribed by the
canvassed. This is to be determined Commission. One copy shall be
by the board of canvassers prior to its deposited in the compartment of the
canvassing on the basis of the ballot box for valid ballots, and in the
certification of the provincial, city or case of municipalities two copies
municipal treasurer as to the serial including the original copy shall be
number of the election return handed to the municipal election
assigned to the said voting precinct, registrar who shall immediately
unless the Commission shall order in deliver the original copy to the
writing for its canvassing, stating the provincial election supervisor and
153
reason for the variance in serial forward the other copy to the
numbers. Commission, and one copy each to
Page

the authorized representatives of the The second copy shall be delivered to

accredited political parties. In the the election registrar of the city or
case of the cities, the city registrar municipality for transmittal to the
shall retain the original copy for provincial board of canvassers as a
submission to the provincial election body for its use in the provincial
supervisor, and forward the other canvass. The third copy shall likewise
copy to the Commission. be delivered to the election registrar
for transmittal to the Commission.
(2) In the election for Members of the
The fourth copy shall be deposited in
Batasang Pambansa: the original of
the compartment for valid ballots.
the election returns shall be delivered
The fifth and sixth copies shall each
to the election registrar of the city or
respectively be delivered to the
municipality for transmittal to the
members representing the political
chairman of the provincial board of
parties represented in the board of
canvassers, and direct to the
election inspectors.
chairman of the city or district board
of canvassers in the urbanized cities The Commission shall promulgate
and the districts of Metropolitan rules for the speedy and safe delivery
Manila, as the case may be, for use in of the election returns.
the canvass. The second copy shall
likewise be delivered to the election
BY RA 8173, provides –
registrar for transmittal to the
Commission. The third copy shall be AN ACT GRANTING ALL
deposited in the compartment for CITIZENS' ARMS EQUAL
valid ballots. The fourth copy shall be OPPORTUNITY TO BE
delivered to the election registrar ACCREDITED BY THE
COMMISSION ON ELECTIONS,
who shall use said copy in the AMENDING FOR THE PURPOSE
tabulation of the advance results of REPUBLIC ACT NUMBERED
the election in the city or SEVENTY-ONE HUNDRED AND
municipality. The fifth and sixth SIXTY-SIX, AS AMENDED
copies shall each respectively be Be it enacted by the Senate and
delivered to the members House of Representatives of the
representing political parties Philippines in Congress
represented in the board of election assembled::
inspectors. Section 1. Section 27 of Republic
Act No. 7166, as amended
(3) In local elections: the original copy
by Republic Act No. 8045, is
of the election returns shall be hereby further amended to read as
delivered to the city or municipal
154
follows:
board of canvassers as a body for its
"Sec. 27. Number of Copies
Page
use in the city of municipal canvass.

of Election Returns and their

Distribution. - The Board of dominant

election inspectors shall minority party is
prepare in handwriting the determined by
election returns in their the Commission
respective polling places, in in accordance
the number of copies herein with law;
provided and in the form to
be prescribed and provided "(6) The sixth
by the Commission. copy, to a
citizens' arm
"The copies of the election authorized by the
returns shall be distributed Commission to
as follows: conduct an
unofficial count:
"(a) In the election of provided,
President, Vice however, that the
President, Senators accreditation of
and Members of the the citizens' arm
House of shall be subject
Representatives: to the provisions
of Section 52(k)
"(1) The first of Batas
copy shall be Pambansa Blg.
delivered to the 881; and
city or municipal
board of "(7) The seventh
canvassers; copy shall be
deposited inside
"(2) The second the compartment
copy, to the of the ballot box
Congress, for valid ballots;
directed to the and
President of the
Senate; "(b) In the election of
local officials:
"(3) The third
copy, to the "(1) The first
Commission; copy shall be
delivered to the
"(4) The fourth city or municipal
copy, to the board of
dominant canvassers;
majority party as
determined by "(2) The second
the Commission copy, to the
in accordance Commission;
with law;
155
"(3) The third

"(5) The fifth copy, to the
Page
copy, to the

provincial board parts thereof, inconsistent with the

of canvassers; provisions of this Act are hereby
repealed.
"(4) The fourth
copy, to the Section 3. Effectivity. - This Act
dominant shall take effect immediately upon
majority party as its approval.
determined by
the Commission Section 215. Board of election
in accordance inspectors to issue a certificate of the
with law; number of votes polled by the
"(5) The fifth candidates for an office to the
copy, to the watchers. - After the announcement
dominant of the results of the election and
minority party as before leaving the polling place, it
determined by
the Commission shall be the duty of the board of
in accordance election inspectors to issue a
with law; certificate of the number of the votes
received by a candidate upon request
"(6) The sixth
copy, to a of the watchers. All the members of
citizens' arm the board of election inspectors shall
authorized by the sign the certificate.
Commission to
conduct an SECTION 215 HAS BEEN AMENDED
unofficial count: BY SECTION 16 RA 6646, provides –
provided,
however, that the Section 16. Certificates of
accreditation of Votes. - After the counting of the
the citizens' arm votes cast in the precinct and
shall be subject announcement of the results of the
to the provisions election, and before leaving the
of Section 52(k) polling place, the board of election
of Batas inspectors shall issue a certificate
Pambansa Blg. of votes upon request of the duly
881; and accredited watchers. The
certificate shall contain the
"(7) The seventh number of votes obtained by each
copy shall be candidate written in words and
deposited inside figures, the number of the
the compartment precinct, the name of the city or
of the ballot box municipality and province, the total
for valid ballots." number of voters who voted in the
precinct and the date and time
156
Section 2. Repealing Clause. - issued, and shall be signed and

All laws, decrees, executive thumbmarked by each member of
orders, rules and regulations, or
Page
the board.

Section 216. Alterations and However, if a candidate affected by

corrections in the election returns. - said petition objects thereto,
Any correction or alteration made in whether the petition is filed by all or
the election, returns by the board of only a majority of the members of
election inspectors before the the board of election inspectors and
announcement of the results of the the results of the election would be
election in the polling place shall be affected by the correction sought to
duly initialed by all the members be made, the Commission shall
thereof. proceed summarily to hear the
petition. If it finds the petition
After the announcement of the
meritorious and there are no
results of the election in the polling
evidence or signs indicating that the
place has been made, the board of
identity and integrity of the ballot
election inspectors shall not make
box have been violated, the
any alteration or amendment in any
Commission shall order the opening
of the copies of the election returns,
of the ballot box. After satisfying
unless so ordered by the Commission
itself that the integrity of the ballots
upon petition of the members of the
therein has also been duly preserved,
board of election inspectors within
the Commission shall order the
five days from the date of the
recounting of the votes of the
election or twenty-four hours from
candidates affected and the proper
the time a copy of the election
corrections made on the election
returns concerned is opened by the
returns, unless the correction sought
board of canvassers, whichever is
is such that it can be made without
earlier. The petition shall be
need of opening the ballot box.
accompanied by proof of service
upon all candidates affected. If the Section 217. Delivery of the ballot
petition is by all members of the boxes, keys and election supplies and
board of election inspectors and the documents. - Upon the termination of
results of the election would not be the counting of votes, the board of
affected by said correction and none election inspectors shall place in the
of the candidates affected objects compartment for valid ballots, the
thereto, the Commission, upon being envelopes for used ballots
satisfied of the veracity of the hereinbefore referred to, the unused
petition and of the error alleged ballots, the tally board or sheet, a
therein, shall order the board of copy of the election returns, and the
election inspectors to make the minutes of its proceedings, and then
proper correction on the election shall lock the ballot box with three
157
returns. padlocks and such safety devices as

the Commission may prescribe.
Page

Immediately after the box is locked, Section 218. Preservation of the

the three keys of the padlocks shall voting record. - The voting record of
be placed in three separate each polling place shall be delivered
envelopes and shall be sealed and to the election registrar who shall
signed by all the members of the have custody of the same, keeping
board of election inspectors. them in a safe place, until such time
that the Commission shall give
The authorized representatives of the
instructions on their disposition.
Commission shall forthwith take
delivery of said envelopes, signing a Section 219. Preservation of the
receipt therefor, and deliver without ballot boxes, their keys and
delay one envelope to the provincial disposition of their contents. -
treasurer, another to the provincial
(a) The provincial election supervisor,
fiscal and the other to the provincial
the provincial treasurer and the
election supervisor.
provincial fiscal shall keep the
The ballot box, all supplies of the envelope containing the keys in their
board of election inspectors and all possession intact during the period of
pertinent papers and documents shall three months following the election.
immediately be delivered by the Upon the lapse of this period, unless
board of election inspectors and the the Commission has ordered
watchers to the city or municipal otherwise, the provincial election
treasurer who shall keep his office supervisor and the provincial fiscal
open all night on the day of election if shall deliver to the provincial
necessary for this purpose, and shall treasurer the envelope containing the
provide the necessary facilities for keys under their custody.
said delivery at the expense of the
(b) The city and municipal treasurer
city or municipality. The book of
shall keep the ballot boxes under
voters shall be returned to the
their responsibility for three months
election registrar who shall keep it
and stored unopened in a secure
under his custody. The treasurer and
place, unless the Commission orders
the election registrar, as the case may
otherwise whenever said ballot boxes
be, shall on the day after the election
are needed in any political exercise
require the members of the board of
which might be called within the said
election inspectors who failed to send
period, provided these are not
the objects referred to herein to
involved in any election contest or
deliver the same to him immediately
official investigation, or the
and acknowledge receipt thereof in
Commission or other competent
detail.
158
authority shall demand them sooner

or shall order their preservation for a
Page

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
election supervisor or a senior lawyer

some documents or articles required
in the regional office of the
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to be placed in the ballot box were

Commission, as chairman, the Commission, as chairman, the

provincial fiscal, as vice-chairman, municipal treasurer, and the district
and the provincial superintendent of supervisor or in his absence any
schools, and one representative from public school principal in the
each of the ruling party and the municipality and one representative
dominant opposition political party in from each of the ruling party and the
the constituency concerned entitled dominant opposition political party
to be represented, as members. entitled to be represented, as
members.
(b) City board of canvassers. - the city
board of canvassers shall be (e) Board of canvassers for newly
composed of the city election created political subdivisions - the
registrar or a lawyer of the Commission shall constitute a board
Commission, as chairman, the city of canvassers and appoint the
fiscal and the city superintendent of members thereof for the first
schools, and one representative from election in a newly created province,
each of the ruling party and the city or municipality in case the
dominant opposition political party officials who shall act as members
entitled to be represented, as thereof have not yet assumed their
members. duties and functions.
(c) District board of canvassers of Section 222. Relationship with

Metropolitan Manila - the district candidates and other members. - The
board of canvassers shall be chairman and the members of the
composed of a lawyer of the board of canvassers shall not be
Commission, as chairman, and a related within the fourth civil degree
ranking fiscal in the district and the of consanguinity or affinity to any of
most senior district school supervisor the candidates whose votes will be
in the district to be appointed upon canvassed by said board, or to any
consultation with the Ministry of member of the same board.
Justice and the Ministry of Education,
Section 223. Prohibition against
Culture and Sports, respectively, and
leaving official station. - During the
one representative from each of the
period beginning election day until
ruling party and the dominant
the proclamation of the winning
opposition political party in the
candidates, no member or substitute
constituency concerned, as members.
member of the different boards of
(d) Municipal board of canvassers. - canvassers shall be transferred,
the municipal board of canvassers assigned or detailed outside of his
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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
161
Commission shall have direct control

be, and with respect to the
and supervision over the board of
representatives of the accredited
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canvassers.

Any member of the board of election returns of a polling place

canvassers may, at any time, be intended for the city or municipal
relieved for cause and substituted board of canvassers, duly placed
motu proprio by the Commission. inside a sealed envelope signed and
affixed with the imprint of the thumb
Section 228. Notice of meeting of the
of the right hand of all the members
board. - At least five days before the
of the board of election inspectors,
meeting of the board, the chairman
shall be personally delivered by the
of the board shall give notice to all
members thereof and to each
inspectors to the city or municipal
candidate and political party of the
board of canvassers under proper
date, time and place of the meeting.
receipt to be signed by all the
SECTION 228 HAS BEEN AMENDED members thereof.
(b) For the provincial and district
–
boards of canvassers in Metropolitan
Section 23. Notice of Meetings Manila, the copy of the election
of the Board. - At least five (5) returns of a polling place intended for
days before the initial meeting of the provincial or district board of
the board of canvassers, the canvassers in the case of
chairman of the board shall give
written notice to all members Metropolitan Manila, shall be
thereof and to each candidate and personally delivered by the members
political party presenting of the board of election inspectors to
candidates for election in the the election registrar for transmittal
political subdivision concerned of
to the proper board of canvassers
the date, time and place of the
meeting. Similar notice shall also under proper receipt to be signed by
be given for subsequent meetings all the members thereof.
unless notice has been given in
open session of the board. Proof The election registrar concerned shall
of service of notice to each place all the returns intended for the
member, candidate and political board of canvassers inside a ballot
party shall be attached to and
box provided with three padlocks
shall form part of the records of
the proceedings. If notice is given whose keys shall be kept as follows:
in open session, such fact shall be one by the election registrar, another
recorded in the minutes of the by the representative of the ruling
proceedings. party and the third by the
Section 229. Manner of delivery and representative of the dominant
transmittal of election returns. - political opposition party.
162
(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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representatives whose names shall returns in a safe and secure room

be submitted to the election registrar before and after the canvass. The
concerned on or before the tenth day door to the room must be padlocked
preceding the election. The three in by three locks with the keys thereof
possession of the keys shall kept as follows: one with the
personally transmit the ballot box, chairman, the other with the
properly locked, containing the representative of the ruling party,
election returns to the board of and the other with the representative
canvassers. Watchers of political of the dominant opposition political
parties, coalition of political parties, party. The watchers of candidates,
and of organizations collectively political parties, coalition of political
authorized by the Commission to parties and organization collectively
designate watchers shall have the authorized by the Commission to
right to accompany transmittal of the appoint watchers shall have the right
ballot boxes containing the election to guard the room. Violation of this
returns. right shall constitute an election
offense.
It shall be unlawful for any person to
delay, obstruct, impede or prevent Section 231. Canvass by the board. -
through force, violence, coercion, The board of canvassers shall meet
intimidation or by any means which not later than six o'clock in the
vitiates consent, the transmittal of afternoon of election day at the place
the election returns or to take away, designated by the Commission to
abscond with, destroy, deface or receive the election returns and to
mutilate or substitute the election immediately canvass those that may
returns or the envelope or the ballot have already been received. It shall
box containing the election returns or meet continuously from day to day
to violate the right of the watchers. until the canvass is completed, and
may adjourn but only for the purpose
The watchers of the political parties,
of awaiting the other election returns
coalition of political parties and the
from other polling places within its
candidates shall have the right to
jurisdiction. Each time the board
accompany the members of the
adjourns, it shall make a total of all
board of election inspectors or the
the votes canvassed so far for each
election registrar in making the
candidate for each office, furnishing
delivery to the boards of canvassers.
the Commission in Manila by the
Section 230. Safekeeping of fastest means of communication a
transmitted election returns. - The certified copy thereof, and making
163
board of canvassers shall keep the available the data contained therein
ballot boxes containing the election to the mass media and other
Page

interested parties. As soon as the Commission, the third copy shall be

other election returns are delivered, kept by the provincial election
the board shall immediately resume supervisor or city election registrar;
canvassing until all the returns have the fourth and the fifth copies to
been canvassed. each of the two accredited political
parties.
The respective board of canvassers
shall prepare a certificate of canvass Section 232. Persons not allowed
duly signed and affixed with the inside the canvassing room. - It shall
imprint of the thumb of the right be unlawful for any officer or
hand of each member, supported by member of the Armed Forces of the
a statement of the votes received by Philippines, including the Philippine
each candidate in each polling place Constabulary, or the Integrated
and, on the basis thereof, shall National Police or any peace officer
proclaim as elected the candidates or any armed or unarmed persons
who obtained the highest number of belonging to an extra-legal police
votes cast in the province, city, agency, special forces, reaction
municipality or barangay. Failure to forces, strike forces, home defense
comply with this requirement shall forces, barangay self-defense units,
constitute an election offense. barangay tanod, or of any member of
the security or police organizations of
Subject to reasonable exceptions, the
government ministries, commissions,
board of canvassers must complete
councils, bureaus, offices,
their canvass within thirty-six hours in
instrumentalities, or government-
municipalities, forty-eight hours in
owned or controlled corporations or
cities and seventy-two hours in
their subsidiaries or of any member
provinces. Violation hereof shall be
of a privately owned or operated
an election offense punishable under
security, investigative, protective or
Section 264 hereof.
intelligence agency performing
With respect to the election for identical or similar functions to enter
President and Vice-President, the the room where the canvassing of the
provincial and city boards of election returns are held by the
canvassers shall prepare in board of canvassers and within a
quintuplicate a certificate of canvass radius of fifty meters from such
supported by a statement of votes room: Provided, however, That the
received by each candidate in each board of canvassers by a majority
polling place and transmit the first vote, if it deems necessary, may
copy thereof to the Speaker of the make a call in writing for the detail of
164
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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of the election documents and Section 234. Material defects in the

paraphernalia in the possession of election returns. - If it should clearly
the board, or for the maintenance of appear that some requisites in form
peace and order, in which case said or data had been omitted in the
policemen or peace officers, who election returns, the board of
shall be in proper uniform, shall stay canvassers shall call for all the
outside the room within a radius of members of the board of election
thirty meters near enough to be inspectors concerned by the most
easily called by the board of expeditious means, for the same
canvassers at any time. board to effect the correction:
Provided, That in case of the omission
Section 233. When the election
in the election returns of the name of
returns are delayed, lost or destroyed.
any candidate and/or his
- In case its copy of the election
corresponding votes, the board of
returns is missing, the board of
canvassers shall require the board of
canvassers shall, by messenger or
election inspectors concerned to
otherwise, obtain such missing
complete the necessary data in the
election returns from the board of
election returns and affix therein
election inspectors concerned, or if
their initials: Provided, further, That if
said returns have been lost or
the votes omitted in the returns
destroyed, the board of canvassers,
cannot be ascertained by other
upon prior authority of the
means except by recounting the
Commission, may use any of the
ballots, the Commission, after
authentic copies of said election
satisfying itself that the identity and
returns or a certified copy of said
integrity of the ballot box have not
election returns issued by the
been violated, shall order the board
Commission, and forthwith direct its
of election inspectors to open the
representative to investigate the case
ballot box, and, also after satisfying
and immediately report the matter to
itself that the integrity of the ballots
the Commission.
therein has been duly preserved,
The board of canvassers, order the board of election
notwithstanding the fact that not all inspectors to count the votes for the
the election returns have been candidate whose votes have been
received by it, may terminate the omitted with notice thereof to all
canvass and proclaim the candidates candidates for the position involved
elected on the basis of the available and thereafter complete the returns.
election returns if the missing
The right of a candidate to avail of
election returns will not affect the
165
this provision shall not be lost or

affected by the fact that an election
Page

protest is subsequently filed by any of that the integrity of the ballots

the candidates. therein has been duly preserved shall
order the board of election
Section 235. When election returns
inspectors to recount the votes of the
appear to be tampered with or
candidates affected and prepare a
falsified. - If the election returns
new return which shall then be used
submitted to the board of canvassers
by the board of canvassers as basis of
appear to be tampered with, altered
the canvass.
or falsified after they have left the
hands of the board of election Section 236. Discrepancies in election
inspectors, or otherwise not returns. - In case it appears to the
authentic, or were prepared by the board of canvassers that there exists
board of election inspectors under discrepancies in the other authentic
duress, force, intimidation, or copies of the election returns from a
prepared by persons other than the polling place or discrepancies in the
member of the board of election votes of any candidate in words and
inspectors, the board of canvassers figures in the same return, and in
shall use the other copies of said either case the difference affects the
election returns and, if necessary, the results of the election, the
copy inside the ballot box which upon Commission, upon motion of the
previous authority given by the board of canvassers or any candidate
Commission may be retrieved in affected and after due notice to all
accordance with Section 220 hereof. candidates concerned, shall proceed
If the other copies of the returns are summarily to determine whether the
likewise tampered with, altered, integrity of the ballot box had been
falsified, not authentic, prepared preserved, and once satisfied thereof
under duress, force, intimidation, or shall order the opening of the ballot
prepared by persons other than the box to recount the votes cast in the
members of the board of election polling place solely for the purpose of
inspectors, the board of canvassers or determining the true result of the
any candidate affected shall bring the count of votes of the candidates
matter to the attention of the concerned.
Commission. The Commission shall
SECTION 235 and 236 HAVE BEEN
then, after giving notice to all
SUPPLEMENTED BY SECTION 17 of
candidates concerned and after
6646, provides –
satisfying itself that nothing in the
ballot box indicate that its identity Section 17. Certificate of Votes
and integrity have been violated, as Evidence. - The provisions of
166
order the opening of the ballot box Sections 235 and 236 of Batas
and, likewise after satisfying itself Pambansa Blg. 881
Page
notwithstanding, the certificate of

votes shall be admissible in proclamation made in violation

evidence to prove tampering, hereof shall be null and void.
alteration, falsification or any
anomaly committed in the election Section 239. Watchers. - Each
returns concerned, when duly candidate, political party or coalition
authenticated by testimonial or
of political parties shall be entitled to
documentary evidence presented
to the board of canvassers by at appoint one watcher in the board of
least two members of the board of canvassers. The watcher shall have
election inspectors who issued the the right to be present at, and take
certificate: Provided, That failure note of, all the proceedings of the
to present any certificate of votes
shall be a bar to the presentation board of canvassers, to read the
of other evidence to impugn the election returns without touching
authenticity of the election returns. them, to file a protest against any
irregularity in the election returns
Section 237. When integrity of ballots
submitted, and to obtain from the
is violated. - If upon the opening of
board of canvassers a resolution
the ballot box as ordered by the
thereon.
Commission under Sections 234, 235
and 236, hereof, it should appear that Section 240. Election resulting in tie. -
there are evidence or signs of Whenever it shall appear from the
replacement, tampering or violation canvass that two or more candidates
of the integrity of the ballots, the have received an equal and highest
Commission shall not recount the number of votes, or in cases where
ballots but shall forthwith seal the two or more candidates are to be
ballot box and order its safekeeping. elected for the same position and
two or more candidates received the
Section 238. Canvass of remaining or
same number of votes for the last
unquestioned returns to continue. - In
place in the number to be elected,
cases under Sections 233, 234, 235
the board of canvassers, after
and 236 hereof, the board of
recording this fact in its minutes, shall
canvassers shall continue the canvass
by resolution, upon five days notice
of the remaining or unquestioned
to all the tied candidates, hold a
election returns. If, after the canvass
special public meeting at which the
of all the said returns, it should be
board of canvassers shall proceed to
determined that the returns which
the drawing of lots of the candidates
have been set aside will affect the
who have tied and shall proclaim as
result of the election, no
elected the candidates who may be
proclamation shall be made except
favored by luck, and the candidates
upon orders of the Commission after
so proclaimed shall have the right to
167
due notice and hearing. Any

assume office in the same manner as
Page
if he had been elected by plurality of

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:
(a) Illegal composition or proceedings

of the board of canvassers;
ARTICLE XX
PRE-PROCLAMATION (b) The canvassed election returns
CONTROVERSIES are incomplete, contain material
defects, appear to be tampered with
Section 241. Definition. - A pre-
or falsified, or contain discrepancies
proclamation controversy refers to
in the same returns or in other
any question pertaining to or
authentic copies thereof as
affecting the proceedings of the
mentioned in Sections 233, 234, 235
board of canvassers which may be
and 236 of this Code;
raised by any candidate or by any
registered political party or coalition (c) The election returns were
of political parties before the board prepared under duress, threats,
or directly with the Commission, or coercion, or intimidation, or they are
any matter raised under Sections obviously manufactured or not
233, 234, 235 and 236 in relation to authentic; and
the preparation, transmission,
(d) When substitute or fraudulent
receipt, custody and appreciation of
returns in controverted polling places
the election returns.
were canvassed, the results of which
Section 242. Commission's exclusive materially affected the standing of
jurisdiction of all pre-proclamation the aggrieved candidate or
controversies. - The Commission shall candidates.
have exclusive jurisdiction of all pre-
Section 244. Contested composition
proclamation controversies. It may
or proceedings of the board. - When
motu proprio or upon written
the composition or proceedings of
petition, and after due notice and
the board of canvassers are
hearing, order the partial or total
contested, the board of canvassers
suspension of the proclamation of
shall, within twenty-four hours, make
168
any candidate-elect or annual

a ruling thereon with notice to the
partially or totally any proclamation,
Page
contestant who, if adversely affected,

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
submitted in written form to the
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
chairman of the board of canvassers make an appropriate report to the

at the time the questioned returns is
Page
presented for inclusion or exclusion,

Commission, copy furnished the returns and shall proceed to

parties. canvass the returns which
are not contested by any
The board of canvassers shall not party.
proclaim any candidate as winner
(c) Simultaneous with the
unless authorized by the Commission oral objection, the objecting
after the latter has ruled on the party shall also enter his
objections brought to it on appeal by objection in the form for
the losing party and any proclamation written objections to be
prescribed by the
made in violation hereof shall be void
Commission. Within twenty-
ab initio, unless the contested returns four (24) hours from and
will not adversely affect the results of after the presentation of
the election. such an objection, the
objecting party shall submit
SECTION 245 HAS BEEN AMENDED the evidence in support of
BY SECTION 20 OF RA 7166, provides the objection, which shall be
attached to the form for
–
written objections. Within the
same period of twenty-four
Section 20. Procedure in
(24) hours after presentation
Disposition of Contested Election
of the objection, any party
Returns. -
may file a written and
(a) Any candidate, political verified opposition to the
party or coalition of political objection in the form also to
parties contesting the be prescribed by the
inclusion or exclusion in the Commission, attaching
canvass of any election thereto supporting evidence,
returns on any of the if any. The board shall not
grounds authorized under entertain any objection or
Article XX or Sections 234, opposition unless reduced to
235 and 236 of Article XIX of writing in the prescribed
the Omnibus Election Code forms.
shall submit their oral
The evidence attached to
objection to the chairman of
the objection or opposition,
the board of canvassers at
submitted by the parties,
the time the questioned
shall be immediately and
return is presented for
formally admitted into the
inclusion in the canvass.
records of the board by the
Such objection shall be
chairman affixing his
recorded in the minutes of
signature at the back of each
the canvass.
every page thereof.
(b) Upon receipts of any
(d) Upon receipt of the
such objection, the board of
170
evidence, the board shall

canvassers shall
keep up the contested
automatically defer the
Page
returns, consider the written

canvass of the contested

objections thereto and (h) On the basis of the

opposition, if any, and record and evidence elevate
summarily and immediately to it by the board, the
rules thereon. The board Commission shall decide
shall enter its ruling on the summarily the appeal within
prescribed form and seven (7) days from receipt
authenticate the same by the of said record and evidence.
signatures of its members. Any appeal brought before
the Commission on the
(e) Any part adversely ruling of the board, without
affected by the ruling of the the accomplished forms and
board shall immediately the evidence appended
inform the board if he thereto, shall be summarily
intends to appeal said ruling. dismissed.
The board shall enter said
information in the minutes of The decision of the
the canvass, set aside the Commission shall be
returns and proceed to executory after the lapse of
consider the other returns. seven (7) days from receipts
thereof by the losing party.
(f) After all the uncontested
returns have been (i) The board of canvassers
canvassed and the shall not proclaim any
contested return ruled upon candidate as winner unless
by it, the board shall authorized by the
suspend the canvass. Within Commission after the latter
forty-eight (48) hours, has ruled on the object
therefrom, any party brought to it on appeal by
adversely affected by the the losing party. Any
ruling may file with the board proclamation made in
a written and verified notice violation hereof shall be
of appeal; and within an void ab initio, unless the
unextendible period of five contested returns will not
(5) days thereafter an appeal adversely affect the results
may be taken to the of the election.
Commission.
Section 246. Summary proceedings
(g) Immediately upon receipt before the Commission. - All pre-
of the notice of appeal, the
proclamation controversies shall be
board shall make an
appropriate report to the heard summarily by the Commission
Commission, elevating after due notice and hearing, and its
therewith the complete decisions shall be executory after the
records and evidence lapse of five days from receipt by the
submitted in the canvass,
and furnishing the parties losing party of the decision of the
171
with copies of the report. Commission, unless restrained by the

Supreme Court.
Page

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
brought in the first instance before

Section 248. Effect of filing petition to the board of canvassers
Page
annual or to suspend the concerned only.

Section 3. Summary Hearing and threats, coercion, or

Disposition of Pre-Proclamation intimidation, or they are
Controversies. - All pre- obviously manufactured or
proclamation controversies shall not authentic; and
be heard summarily after due
notice provided that pre- (d) When substitute or
proclamation controversies on fraudulent returns or
election returns or certificates of certificates of canvass in
canvass shall, on the basis of the controverted polling places
records and evidence elevated to were canvassed, the results
it by the board of canvassers, be of which materially affected
disposed of summarily by the the standing of the
Commission en banc within seven aggrieved candidate or
(7) days from receipt thereof, candidates.
provided further, that said decision
shall be executory after the lapse (e) Correction of manifest
of seven (7) days from receipt errors.
thereof by the boards of
canvassers concerned except Section 5. Pre-proclamation
petitions filed Under Sec. 5 hereof Controversies Which May Be Filed
which shall be immediately Directly With the Commission. -
executory upon receipt by the (a) The following pre-proclamation
boards of canvassers concerned. controversies may be filed directly
with the Commission:
Section 4. Issues that May Be
Raised in the Pre-Proclamation 1) When the issue
Controversies. - The following are involves the illegal
the proper issues that may be composition or
raised in a pre-proclamation proceedings of the
controversy: board of canvassers
as when a majority or
(a) Illegal composition or all of the members do
proceedings of the board of not hold legal
canvassers; appointments or are in
fact usurpers; or when
(b) The canvassed election the canvassing has
returns, or the certificate of been a mere ceremony
canvass in appropriate that was pre-
cases, are incomplete, determined and
contain material defects, manipulated to result
appear to be tampered with in nothing but a sham
or falsified, or contain canvassing as where
discrepancies in the same there was
returns or in other authentic convergence of
copies thereof; circumstances of
precipitate canvassing,
173
(c) The election returns or terrorism, lack of

certificate of canvass were sufficient notice to the
prepared under duress, members of the board
Page

of canvassers and under subparagraph (1) of

disregard of manifest paragraph (a) above, it must
irregularities on the be filed immediately when
face of the questioned the board begins to act as
returns or certificates such, or at the time of the
of canvass in appointment of the member
appropriate cases; whose capacity to sit as
such is objected to if it
2) When the issue comes after the canvassing
involves the correction of the board, or immediately
of manifest errors in at the point where the
the tabulation or proceedings are or begin to
tallying of the results be illegal.
during the canvassing
as where (1) a copy of If the petition is for
the election returns or correction, it must be filed
certificate of canvass not later than five (5) days
was tabulated more following the date of
than once, (2) two or proclamation and most
more copies of the implead all candidates who
election returns of one may be adversely affected
precinct, or two or thereby.
more copies of
certificate of canvass (c) Upon the docketing of
were tabulated such petition, the Clerk of
separately, (3) there Court concerned shall
has been a mistake in forthwith issue summons,
the copying of the with a copy of the petition, to
figures into the the respondents.
statement of votes or
into the certificate of (d) The Clerk of Court
canvass, or (4) so- concerned shall immediately
called returns from set the petition for hearing.
non-existent precincts
were included in the (e) The petition shall be
canvass, and such heard and decided by the
errors could not have Commission en banc.
been discovered
(f) When the petition
during the canvassing
involves the composition or
despite the exercise of
proceedings of the board,
due diligence and
the board of canvassers
proclamation of the
shall not commence,
winning candidates
proceed or resume the
had already been
canvass unless otherwise
made.
ordered by the Commission.
174
(b) If the petition involves the

Section 6. Rights of Political
illegal composition or
Parties and Candidates Before the
Page
proceedings of the board

Board of Canvassers in Pre- canvassing as where (1) a copy of

Proclamation Cases. - (a) Any the election returns of one precinct
registered political party, or two or more copies of a
organization, or coalition of certificate of canvass were
political parties, through their tabulated more than once, (2) two
representatives, and any copies of the election returns or
candidate, has the right to be certificate of canvass were
present and to counsel during the tabulated separately, (3) there was
canvass of election returns, or a mistake in the adding or copying
certificates of canvass in of the figures into the certificate of
appropriate cases. canvass or into the statement of
votes by precinct, or (4) so-called
Only one counsel may argue for election returns from non-existent
each registered political party, precincts were included in the
organization, or coalition of canvass, the board may motu
political parties, or candidate. proprio, or upon verified petition by
Counsel shall have the right to any candidate, political party,
examine the election returns or organization or coalition or political
certificates of canvass being parties, after due notice and
canvassed without touching them, hearing, correct the errors
make their observations thereon, committed.
and file their challenges and
objections thereto. (b) The order for correction
must be made in writing and
No dilatory action shall be allowed must be promulgated.
by the board of canvassers which
may impose time limits for oral (c) Any candidate, political
argument. party, organization or
coalition of political parties
(b) Any registered political aggrieved by said order may
party, organization, or appeal therefrom to the
coalition of political parties, Commission within twenty-
through their representatives four (24) hours from the
and any candidate is entitled promulgation.
to obtain a copy of the
Statement of Votes per (d) Once an appeal is made,
precinct and a copy of the the board of canvassers
certificate of canvass duly shall not proclaim the
signed by all the members of winning candidates, unless
the board of canvassers. their votes are not affected
by the appeal.
Section 7. Correction of Errors in
Tabulation or Tallying of Results (e) The appeal must implead
by the Board of Canvassers. - (a) as respondents the Board of
Where it is clearly shown before Canvassers concerned and
proclamation that manifest errors all parties who may be
175
were committed in the tabulation adversely affected thereby.

or tallying of election returns, or
certificates of canvass, during the
Page

(f) Upon receipt of the Section 9. Procedure Before

appeal, the Clerk of Court Board of Canvassers When
concerned shall forthwith Inclusion or Exclusion of Election
issue summons, together Returns are Contested.- (a) Any
with a copy of the appeal, to candidate, registered political
the respondents. party, organization or coalition or
political parties contesting the
(g) The Clerk of Court inclusion or exclusion in the
concerned shall immediately canvass of any election returns on
set the appeal for hearing. any of the grounds provided in
Section 3 of this Rule or by law,
(h) The appeal shall be shall present or submit their oral
heard and decided by the objection to the Chairman of the
Commission en banc. Board of Canvassers, stating the
grounds therefor, at the time the
Section 8. Procedure Before the contested returns is opened or
Board of Canvassers When presented for inclusion or
Composition or Proceedings of exclusion.
Board are Contested. - (a) When
the composition or proceeding of (b) The objections must be
the board of canvassers, are faithfully recorded, noted
contested the board of canvassers and entered in the minutes
shall, within twenty-four (24) of the canvassing indicating
hours, make a ruling thereon with therein the date and hour the
notice to the contestant who, if objection was made.
adversely affected, may appeal
the matter to the Commission (c) The board shall
within three (3) days after the automatically defer the
ruling with proper notice to the canvass of the contested
board of canvassers. The returns, after recording
Commission en banc shall separately the results
summarily decide the case within therein, and shall proceed to
five (5) days from the filing thereof. canvass the other returns
which are not contested.
(b) Upon receipt of such
appeal, the Clerk of Court (d) Simultaneously with the
concerned shall immediately oral objection, the objecting
set the case for hearing, with party shall also enter his
due notice to the parties, by objection in the form for
the Commission en banc. written objections to be
prescribed by the
(c) During the pendency of Commission. Within twenty-
the appeal, the board of four (24) hours from and
canvassers shall after the presentation of
immediately suspend the such an objection, the
canvass until the objecting party shall submit
176
Commission orders the the evidence in support of

continuation or resumption the objections, which shall
thereof.
Page
be attached to the form for

written objections. With the returns and proceed to

same period of twenty-four consider the other returns.
hours after presentation of
the objection, any party may (g) After all the uncontested
file a written and verified returns have been
opposition to the objection in canvassed and the
the form also to be contested returns ruled upon
prescribed by the by it, the Board shall
Commission, attaching suspend the canvass. Within
thereto supporting evidence, forty-eight (48) hours
if any. The Board shall not therefrom, any party
entertain any objection or adversely affected by the
opposition unless reduced to ruling may file with the Board
writing in the prescribed a written and verified Notice
forms. to Appeal; and within an
inextendible period of five (5)
The evidence attached to days thereafter, an appeal
the objection or opposition, may be taken to the
submitted by the parties, Commission.
shall be immediately and
formally admitted into the Immediately upon receipt of
records of the Board by the the Notice of Appeal, the
Chairman of the board of Board shall make an
canvassers affixing his appropriate report to the
signature at the back of each Commission, elevating
and every page thereof. therewith the complete
records and evidence
(e) Upon receipt of the submitted in the canvass,
evidence, the Board shall furnishing the parties with
take up the contested the copies of the report.
returns, consider the written
objections thereto and (h) On the basis of the
opposition, if any, and records and evidence
summarily and immediately elevated to it by the Board,
rule thereon. The Board the Commission en banc
shall enter its ruling on the shall decide summarily the
prescribed form and appeal within seven (7) days
authenticate the same by the from the receipt of said
signature of its members. records and evidence. Any
appeal brought before the
(f) Any party adversely Commission on the ruling of
affected by the ruling of the the Board, without the
Board shall immediately accomplished forms and the
inform the Board if he evidence appended thereto,
intends to appeal said ruling. shall be summarily
The Board shall enter said dismissed.
177
information in the Minutes of

Canvass, set aside the The decision of the
Commission en banc shall
Page

be executory after the lapse correction: provided that in

of seven (7) days from case the omission in the
receipt thereof by the boards election return is that of the
of canvassers concerned. name of any candidate
and/or his corresponding
(i) The board of canvassers votes, the board of
shall not proclaim any canvassers shall require the
candidate as winner unless board of election inspectors
authorized by the concerned to complete the
Commission in writing after necessary data in the
the later shall have ruled on election returns and affix
the objections brought to it therein their initials:
on appeal by the aggrieved Provided, further, that if the
party. Any proclamation in votes omitted in the returns
violation hereof shall be void cannot be ascertained by
ab initio, unless the other means except by
contested returns will not recounting the votes, the
adversely affect the board of canvassers shall
uncontested results of the immediately make a report
elections. thereon to the Commission
and the latter, after satisfying
(j) If in the course of the itself that the identity and
canvass the boards' copy of integrity of the ballot box
the election returns is have not been violated, shall
missing, the board shall, by order the board of election
messenger or otherwise inspectors to open the ballot
obtain such missing returns box, and, also after
from the board of election satisfying itself that the
inspectors concerned, or if integrity of the ballots therein
said returns have been lost has been duly preserved,
or destroyed, the board of order the broad of election
canvassers, upon prior inspectors to count the votes
authority of the Commission, for the candidates whose
may use any of the authentic votes have been omitted
copies of said election with notice thereof to all
returns or a certified true candidates for the position
copy of said election returns involved and thereafter
issued by the Commission. complete the returns.
(k) If it clearly appears that (l) When the board of
some requisites in form or canvassers determines that
data had been omitted in the the election returns
election returns, the Board of submitted to it appear to be
Canvassers shall call for all tampered with, altered or
the members of the board of falsified after they have left
election inspectors the hands of the board of
178
concerned by the most inspectors, or otherwise not

expeditious means, for said authentic or were prepared
Page
board to effect the by the board of election

inspectors under duress, there exists discrepancies in

force, or intimidation, or the other authentic copies of
prepared by persons other the election returns from a
than the members of the precinct or discrepancies in
board of election inspectors, the votes of any candidate in
the board of canvassers words and figures in the
shall use the other copies of same returns, and in either
said election returns, and if case the difference affects
necessary, the copy inside the results of the election,
the ballot box which, upon the Commission, upon
prior authority of the motion of the board of
Commission, may be canvassers or any candidate
retrieve. If the other copies affected and after due notice
of the returns are likewise to all candidates concerned,
tampered with, altered, shall proceed summarily to
falsified, not authentic, determine whether the
prepared under duress, integrity of the ballot box had
force, intimidation, or been preserved, and once
prepared by persons other satisfied thereof shall order
than the members of the the opening of the ballot box
board of election inspectors, to recount the votes cast in
the board of canvassers the precinct solely for the
shall immediately bring the purpose of determining the
matter to the attention of the true result of the count of
Commission. The votes of the candidates
Commission shall then, after concerned.
giving notice to all
candidates concerned and (n) When the evidence
after satisfying itself that submitted to the board of
nothing in the ballot box canvassers indicate a failure
indicates that its identity and of elections in a precinct or
integrity have been violated, precincts and the number of
order the opening of the registered voters therein
ballot box and, likewise after would affect the final result
satisfying itself that the of the election, the board of
integrity of the ballots therein canvassers shall bring the
has been duly preserved, matter to the attention of the
shall order the board of Commission. Until this issue
inspectors concerned to is resolved the board of
recount the votes of the canvassers shall suspend
candidates affected and the proclamation of any
when proper, to prepare a candidate.
new return which shall then
be used by the board of Section 10. Appeals from Rulings
canvassers as basis of the of Board of Canvassers. - (a) A
canvass. party aggrieved by a ruling of the
179
Board of Canvassers shall, within

(m) In case it appears to the forty-eight hours from receipt of a
Page
board of canvassers that copy of the ruling of the Board of

Canvassers, file with the Board a (f) If the appellant is allowed

written and verified Notice of to present new evidence,
Appeal; and within an inextendible oral testimonies may be
period of five (5) days, he shall file dispensed with, and in lieu
his appeal to the Commission. thereof, the parties may be
required to submit their
Upon receipt of the appeal, position papers, together
the Commission en banc with affidavits, counter-
shall immediately determine affidavits, and other
whether the issues related documentary evidence, after
therein are grounds proper which the case shall be
for pre-proclamation deemed submitted for
controversy. If the issues decision.
raised are not among the
grounds enumerated under Section 11. Period Within Which
Sec. 3 of this Rule, the same Boards of Canvassers Must
shall be dismissed, Complete Canvass. - Subject to
otherwise it shall be raffled reasonable exceptions, board of
to any of the two (2) canvassers must complete their
divisions of the Commission canvass within thirty-six (36) hours
which shall dispose of it in cities not comprising at least
summarily within three (3) one legislative district, and in
days from the period of municipalities; within forty-eight
referral by the Commission (48) hours in cities comprising one
en banc. or more legislative district and
within seventy-two (72) hours in
(b) The appeal filed with the the provinces.
Commission shall be
docketed by the Clerk of Section 12. Submission of the
Court concerned. Minutes of the Proceedings of the
Board. - Within 15 days from the
(c) The answer/opposition termination of canvass, the
shall be verified. secretary of the board of
canvassers shall submit to the
(d) The Division to which the Law Department of the
case is assigned shall Commission on Elections in
immediately set the case for Manila by registered mail a
hearing. certified copy of the minutes of the
proceedings of the board, together
(e) At the hearing, no new with its written rulings on
evidence shall be received, objections to the composition or
unless for good reasons proceedings of the board of
shown, it is clearly and canvassers, to the inclusion or
convincingly established that exclusion of election returns or to
the appellant was deprived correction of tabulation, and any
of due process by the board evidence offered by the parties,
180
of canvassers. and shall notify by telegram the

said department of the date and
Page

the manner of transmittal of the Representatives, as the case may

minutes. be, who shall be chosen on the
basis of proportional
ARTICLE XXI representation from the political
ELECTION CONTESTS parties and the parties or
organizations registered under the
Section 249. Jurisdiction of the party-list system represented
Commission. - The Commission shall therein. The senior Justice in the
be the sole judge of all contests Electoral Tribunal shall be its
Chairman.
relating to the elections, returns, and
qualifications of all Members of the RULE 20 OF COMELEC RULES
Batasang Pambansa, elective OF PROCEDURE, provides –
regional, provincial and city officials.
Rule 20 - Election Protests
Section 250. Election contests for
Section 1. Filing of Election
Batasang Pambansa, regional, Protest. - A verified petition
provincial and city offices. - A sworn contesting the election of any
petition contesting the election of regional, provincial or city official
any Member of the Batasang shall be filed by any candidate
who duly filed a certificate of
Pambansa or any regional, provincial candidacy and has been voted for
or city official shall be filed with the the same office, within ten (10)
Commission by any candidate who days after the proclamation of the
has duly filed a certificate of results of the election.
candidacy and has been voted for the Each contest shall refer
same office, within ten days after the exclusively to one office, but
proclamation of the results of the contests for offices of the
election.(repealed) Sangguniang Pampook,
Sangguniang Panlalawigan or
SECTION 17 OF ARTICLE VI 1987 Sangguniang Panglungsod may
CONSTITUTION, provides – be consolidated in a single case.
Section 2. Contents of Answer. -

Section 17. The Senate and the
The answer must specify the
House of Representatives shall
nature of the defense and may set
each have an Electoral Tribunal
forth special and affirmative
which shall be the sole judge of all defenses.
contests relating to the election,
returns, and qualifications of their Section 3. Counter-Protest or
respective Members. Each Counterclaim. - The protestee may
Electoral Tribunal shall be incorporate in his answer a
composed of nine Members, three counter-protest or a counterclaim.
of whom shall be Justices of the
Supreme Court to be designated Section 4. General Denial. - If no
181
by the Chief Justice, and the answer is filed to the protest or

remaining six shall be Members of counter-protest, a general denial
Page
the Senate or the House of

shall be deemed to have been Section 8. Revision Expenses. -

entered. The compensation of the
members and staff shall be
Section 5. Protestant's Reply. - deducted from the cash deposit of
The protestant may file a reply. the protestant or the protestee as
the case may be, and other
Section 6. Revision of Ballots. - incidental expenses such as
When the allegations in a protest supplies and transportation in the
or counter-protest so warrant, or supplies and transportation in the
whenever in the opinion of the gathering of the protested ballot
Commission or Division the boxes.
interest of justice so demands, it
shall immediately order the ballot Section 9. Venue of the
boxes containing ballots and their Revision. - The revision of ballots
keys, list of voters with voting shall be made in the Office of the
records, book of voters, and other Clerk of Court concerned or at
documents used in the election to such places as the Commission or
be brought before the Division shall designate and shall
Commission, and shall order the be completed within three (3)
revision of the ballots. months from the date of the order;
unless otherwise directed by the
Section 7. Composition and Commission.
Compensation of Revision
Committee. - For the above Section 10. Custody of Election
purpose, the Commission may Records and Paraphernalia. - The
constitute a committee on the ballot boxes containing ballots and
revision of ballots which shall be their keys, the list of voters with
composed of the following with the the voting records, book of voters,
corresponding compensation per and other documents used in the
ballot box contested: election, shall be kept and held
secure in a place to be designated
1. A Chairman, who shall be by the Commission, in the care
a lawyer of the Commission and custody of the ballot box
- P150.00 custodian of the Electoral
Contests Adjudication Department
2. One Revisor/Alternate for and under the authority of the
the Protestant - P100.00 Chairman.
3. One Revisor/Alternate for Section 11. Report of Committee
the Protestee - P100.00 on Revision. - The committee on
revision of ballots shall make a
Other Support Staff:
statement of the condition in which
4. Clerk - P50.00 the ballot boxes and their contents
were found upon the opening of
5. Typist - P50.00 the same, and shall classify the
ballots so examined and set forth
182
6. Ballot Box Custodian - clearly any objection that may

P50.00 have been offered to each ballot in
Page
the report to be submitted by

them. Disputed ballots shall be proclamation of the results of the

numbered consecutively for election.
purposes of identification in the
presence and under the direction SECTION 251 HAS BEEN AMENDED
of the committee chairman. After BY SECTION 22 OF RA 7166, provides
examination, the ballots and other
–
election documents shall be
returned to their respective boxes Section 22. Election Contests for
under lock but disputed ballots
Municipal Offices. - All election
shall be placed in a separate
envelope duly sealed and signed contests involving municipal
by the members of the committee offices filed with the Regional Trial
and then returned to the box. For Court shall be decided
purposes of making said report, expeditiously. The decision may
which shall be submitted in twelve be appealed to the Commission
(12) legible copies, only the within five (5) days from
prescribed form prepared by the
promulgation or receipt of a copy
Commission shall be used.
thereof by the aggrieved party.
Section 12. Prohibited Access. - The Commission shall decide the
During the revision of ballots, no appeal within sixty (60) days after
person other than the Members of it is submitted for decision, but not
the Commission, members of the later than six (6) months after the
committee on revision of ballots,
the Clerk of Court concerned or filing of the appeal, which decision
the latter's authorized shall be final, unappealable and
representatives and the parties, executory.
their attorney or their duly
authorized representatives shall RULE 35 OF THE COMELEC
have access to the place where RULES OF PROCEDURE,
said revision is taking place. provides –
Section 13. Book of Voters as Rule 35 - Election Contests

Evidence. - In election contests, Before Courts of General
the book of voters shall be Jurisdiction.
conclusive in regard to the
question as to who has the right to Section 1. Original Jurisdiction of
vote in said election. Regional Trial Courts. - Regional
trial courts shall have exclusive
Section 251. Election contests for original jurisdiction over contests
municipal offices. - A sworn petition relating to the elections, returns
contesting the election of a municipal and qualifications involving
elective municipal officials.
officer shall be filed with the proper
regional trial court by any candidate Section 2. Filing of Election
who has duly filed a certificate of Contests. - A petition contesting
183
candidacy and has been voted for the the election of any municipal
official shall be filed with the
same office, within ten days after
Page
proper Regional Trial Court or

mailed at the post office as the petition, the respondent shall

registered matter addressed to file his answer thereto specifying
said Court, together with six (6) the nature of his defense, and
legible copies thereof, by any serve a copy thereof upon the
candidate for the same office who protestant. The answer shall deal
has duly filed a certificate of only with the election in the
candidacy and who was voted in precincts which are covered by the
the election. Each contest shall allegations of the protest.
refer exclusively to one office, but
contests for offices of the (b) Should the protestee
Sangguniang Bayan may be desire to impugn the votes
consolidated in one case. received by the protestant in
other precincts, he shall file
Section 3. Period to File Petition. - a counter-protest within the
The petition shall be filed within same period fixed for the
ten (10) days following the date of filing of the answer, serving
proclamation of the results of the a copy thereof upon the
election. protestant by registered mail
or by personal delivery. In
Section 4. Designation of Parties. such a case, the counter-
- The party bringing the action protest shall be verified.
shall be designated as the
Protestant, and the party against (c) The protestant shall
whom the action is brought shall answer the counter-protest
be designated as the Protestee. within five (5) days after
notice.
Section 5. Duty of Clerk of Court
to Issue Notice and Serve Copy of (d) Within five (5) days from
Petition. - It shall be the duty of the the filing of the protest, any
Clerk of Court of the trial court to other candidate for the same
serve notice and a copy of the office may intervene in the
petition by means of summons case as other contestants
upon each respondent within five and ask for affirmative relief
(5) days after the filing thereof. in his favor by a verified
petition in intervention, which
Section 6. Petition to be Verified. - shall be substantiated within
All petitions shall be verified by the the same proceeding. The
parties filing them or their protestant or protestee shall
attorneys. answer the protest-in-
intervention within five (5)
Any subsequent pleading based days after notice.
on facts which ought to be proved
shall likewise be verified. (e) If no answer shall be filed
to the protest, counter-
Section 7. Answer, Reply, protest or protest-in-
Counter-Protest and Protest in intervention within the time
Intervention. - (a) Within five (5)
184
limits respectively fixed, a

days after receipt of notice of the general denial shall be
filing of the petition and a copy of
Page

deemed to have been (P500.00) which shall be applied

entered. to the payment of all expenses
incidental to such protest, counter-
Section 8. Substantial and Formal protest or protest-in-intervention.
Amendments of Pleadings. - After When circumstances so warrant,
the case is set for hearing, no additional cash deposits may be
amendment to any pleading required. Any unused balance
affecting the merits of the thereof shall be returned to the
controversy shall be allowed party making the deposit.
except by leave of Court and only
upon such grounds as will serve (b) In case revision of ballots
public interest. But such leave is required, there shall be
may be refused if it appears to the deposited, within ten days
court that the motion to amend after being required by the
was made with intent to delay the Court, the sum of three
action. Any amendment in matters hundred pesos (P300.00) for
of from may be permitted at any every ballot box for the
stage of the proceedings. consumption of revisors at
the rate of P100.00 each.
Section 9. Filing Fee. - No
protest, counter-protest, or (c) Failure to make the cash
protest-in-intervention shall be deposits herein provided
given due course without the within the prescribed time
payment of a filing fee in the limit shall result in the
amount of three hundred pesos automatic dismissal of the
(P300.00) for each interest. protest, counter-protest or
protest-in-intervention, as
Each interest shall further pay the the case may be.
legal research fee as required by
law. (d) In case the party who
has paid the expenses and
If a claim for damages and costs wins, the court shall
attorney's fees are set forth in a assess, levy and collect the
protest, counter-protest or protest- same as costs from the
in-intervention, an additional filing losing party.
fee shall be paid in accordance
with the schedule provided for in Section 11. Presentation and
the Rules of Court in the Reception of Evidence. - The
Philippines. presentation and reception of
evidence in election contests shall
Section 10. Cash Deposit. - (a) In be made in accordance with
any protest, counter-protest or Section 2 of Rule 17 of these
protest-in-intervention not Rules, but the same shall be
requiring ballot revision, the completed within thirty (30) days
protestant, the counter-protestant, from the date of the
or intervenor, as the case may be, commencement thereof.
185
shall upon the payment of the

filing fee, make a cash deposit in Section 12. Custody of Ballot
the amount of five hundred pesos Boxes, Election Documents and
Page

Paraphernalia. - Where allegations has the right to vote in said

in a protests, or counter-protest or election.
protest-in-intervention so warrant,
or whenever in the opinion of the Section 15. Report of the
Court the interest of justice so Committee on Revision. - The
demands, it shall immediately committee on revision shall make
order the ballot boxes containing a statement of the condition in
ballots and their keys, list of voters which the ballot boxes and their
with voting records, books of contents were found upon the
voters, and other documents used opening of the same, classify the
in the election to be brought ballots so examined, and set forth
before it. Said election documents clearly any objection that may
and paraphernalia shall be kept have been offered to each ballot in
and held secure in a place to be the report to be submitted by it.
designated by the Court in the Disputed ballots shall be
care and custody of the Clerk of numbered consecutively for
Court. purposes of identification in the
presence and under the direction
Section 13. Revision of Ballots. - of the official designated by the
For the purpose of revision of Court. After examination, the
ballots, the court shall appoint a ballots and other election
committee composed of a documents shall be returned to
chairman and two members, one their respective boxes, but
member and his substitute to be disputed ballots shall be placed in
proposed by the protestant, and a separate envelope duly sealed
the other member and his and signed by the members of the
substitute by the protestee. committee, after which said
envelope shall then be returned to
The revision of the ballots by the the box. Thereafter, the boxes
Committee on revision shall be shall be locked. For purposes of
made in the office of the Clerk of making the report which shall be
Court or at such other place as submitted in twelve (12) legible
may be designated by it, but in copies, the form prescribed by the
every case under the Court's strict Commission shall be followed.
supervision.
Section 16. Prohibited Access. -
The revision of the ballots shall be During the revision of ballots no
completed within twenty (20) days person other than the Judge, the
from the date of the order, unless Clerk of Court, members of the
otherwise directed by the Court, committee on revision of ballots,
subject to the time limits the parties, their duly authorized
prescribed under Sec. 11 and Sec. representatives shall have access
17 of this Rule. to the place where said revision is
taking place.
Section 14. Book of Voters as
Evidence. - The book of voters Section 17. Decision on the
186
shall be conclusive evidence in Contest. - The Court shall decide

regard to the question as to who the election contest within thirty
Page
(30) days from the date it is

submitted for decision, but in Commission on Elections, the

every case within six (6) months Department of Local Government
after its filing and shall declare and the Commission on Audit. If
who among the parties has been the decision be that none of the
elected, or in a proper case, the parties has been legally elected,
none of them has been legally the Clerk of Court shall certify
elected. The party who in the such decision to the President of
judgment has been declared the Philippines and to the
elected shall have the right to Commission on Elections.
assume the office as soon as the
judgment becomes final. Section 21. Appeal. - From any
decision rendered by the court the
In case the Court finds that the aggrieved party may appeal to the
protestant, protestee or intervenor Commission on Elections within
shall have an equal or highest five (5) days after the
number of votes, it shall order the promulgation of the decision.
drawing of lots by those who have
tied and shall proclaim as elected Section 22. Preferential
the party who may be favored by Disposition of Contests. - The
luck, and the party so proclaimed courts shall give preference to
shall have the right to assume election contests over all other
office in the same manner as if he cases, except those of habeas
had been elected by plurality vote. corpus.
Section 18. Damages and Section 252. Election contest for

Attorney's Fees in Election barangay offices. - A sworn petition
Contests. - In all election contests, contesting the election of a barangay
the court may adjudicate damages
officer shall be filed with the proper
and attorney's fee as it may deem
just and as established by the municipal or metropolitan trial court
evidence if the aggrieved party by any candidate who has duly filed a
has included such claims in his certificate of candidacy and has been
pleadings.
voted for the same office, within ten
Section 19. Promulgation and days after the proclamation of the
Finality of Decision. - The decision results of the election. The trial court
of the Court shall be promulgated shall decide the election protest
on a date set by it of which due
within fifteen days after the filing
notice must be given the parties. It
shall become final five (5) days thereof. The decision of the
after its promulgation. No motion municipal or metropolitan trial court
for reconsideration shall be may be appealed within ten days
entertained. from receipt of a copy thereof by the
Section 20. Notice of Final aggrieved party to the regional trial
Decision. - As soon as decision court which shall decide the case
187
declaring the election of the within thirty days from its

winner becomes final, notice submission, and whose decisions
thereof shall be sent to the
Page
shall be final.

Section 253. Petition for quo RULE 36 OF THE COMELEC RULES OF

warranto. - Any voter contesting the PROCEDURE, provides –
election of any Member of the
Batasang Pambansa, regional, Rule 36 - Quo Warranto Case
Before Courts of General
provincial, or city officer on the Jurisdiction
ground of ineligibility or of disloyalty
to the Republic of the Philippines Section 1. Filing of Petition. - A
shall file a sworn petition for quo voter contesting the election of
any municipal official on the
warranto with the Commission within ground of ineligibility or disloyalty
ten days after the proclamation of to the Republic of the Philippines
the results of the election. may file a petition for quo warranto
with the appropriate Regional Trial
Any voter contesting the election of Court.
any municipal or barangay officer on
Section 2. Designation of Parties.
the ground of ineligibility or of
- The party filing the petition shall
disloyalty to the Republic of the be referred to as the Petitioner
Philippines shall file a sworn petition and the party against whom it is
for quo warranto with the regional filed shall be known as the
trial court or metropolitan or Respondent.
municipal trial court, respectively, Section 3. Period Within Which to
within ten days after the File the Petition. - The petition
proclamation of the results of the shall be filed within ten (10) days
election. after the proclamation of the
Section 4. Petition to be Verified. -
PROCEDURE, provides –
The petition shall be verified by
the party filing it or by his attorney.
Rule 21 - Quo warranto Any subsequent pleading based
on facts which ought to be proved
Section 1. Petition for Quo
shall likewise be verified.
Warranto. - Any voter contesting
the election of any regional, Section 5. Filing Fee. - No petition
provincial or city official on the for quo warranto shall be given
ground of ineligibility or of due course without the payment of
disloyalty to the Republic of the a filing fee in the amount of Three
Philippines may file a petition for Hundred Pesos (P300.00) and the
quo warranto with the Electoral legal research fee as required by
Contests Adjudication law.
Department.
Section 6. Summons. - It shall be
Section 2. Period Within Which to the duty of the Clerk of Court to
File. - A petition for quo warranto
188
serve notice and a copy of the

may be filed within ten (10) days petition by means of summons
from the date the respondent is
Page
upon each respondent within five

proclaimed.

(5) days after the filing of the No motion for reconsideration

petition. shall be entertained.
Section 7. Answer. - Within five Section 13. Notice of Final

(5) days from receipt of the notice Decision. - As soon as a decision
and a copy of the petition, the becomes final, notice thereof shall
respondent shall file his verified be sent to the Commission on
answer to the petition. Elections, and the Department of
Local Government. If the decision
Section 8. Substantial and Formal is adverse to the respondent,
Amendments of Pleadings. - The notice shall likewise be sent to the
provision of Section 8 of Rule 35 Commission on Audit.
of these Rules shall apply in
respect to amendments of Section 14. Appeal. - From any
pleadings. decision rendered by the court, the
aggrieved party may appeal to the
Section 9. Immediate Hearing; Commission on Elections, without
Presentation and Reception of five (5) days after the
Evidence. - Upon the joinder of promulgation of the decision.
issues, the Clerk of Court shall
immediately set the case for Section 15. Preferential
hearing. Disposition of Quo Warranto
Cases. - The courts shall give
The presentation and reception of preference to quo warranto over
evidence shall be made in the all other cases, except those of
manner prescribed in Section 2 habeas corpus.
Rule 17 of these Rules.
Section 254. Procedure in election
Section 10. Termination of contests. - The Commission shall
Hearing. - The hearing shall be
completed within thirty (30) days prescribe the rules to govern the
from the date of the filing of the procedure and other matters relating
petition. to election contests pertaining to all
national, regional, provincial, and city
Section 11. Decision. - The court
shall decide the case within thirty offices not later than thirty days
(30) days from the date it is before such elections. Such rules shall
submitted for decision, but in provide a simple and inexpensive
every case within six (6) months procedure for the expeditious
after its filing.
disposition of election contests and
Section 12. Promulgation and shall be published in at least two
Finality of the Decision. - The newspapers of general circulation.
decision of the court shall be
promulgated on a date set by it of However, with respect to election
which due notice must be given contests involving municipal and
the parties. It shall become final
189
barangay offices the following rules

five (5) days after its promulgation.
of procedure shall govern:
Page

(a) Notice of the protest contesting affirmative relief in his favor by a

the election of a candidate for a petition in intervention, which shall
municipal or barangay office shall be be considered as another contest,
served upon the candidate by means except that it shall be substantiated
of a summons at the postal address within the same proceedings. The
stated in his certificate of candidacy protestant or protestee shall answer
except when the protestee, without the protest in intervention within five
waiting for the summons, has made days after notice;
the court understand that he has
(f) If no answer shall be filed to the
been notified of the protest or has
contest, counter-protest, or to the
filed his answer hereto;
protest in intervention, within the
(b) The protestee shall answer the time limits respectively fixed, a
protest within five days after receipt general denial shall be deemed to
of the summons, or, in case there has have been entered;
been no summons from the date of
(g) In election contest proceedings,
his appearance and in all cases before
the permanent registry list of voters
the commencement of the hearing of
shall be conclusive in regard to the
the protest or contest. The answer
question as to who had the right to
shall deal only with the election in
vote in said election.
the polling places which are covered
by the allegations of the contest; Section 255. Judicial counting of
votes in election contest. - Where
(c) Should the protestee desire to
allegations in a protest or counter-
impugn the votes received by the
protest so warrant, or whenever in
protestant in other polling places, he
the opinion of the court the interests
shall file a counter-protest within the
of justice so require, it shall
same period fixed for the answer
immediately order the book of
serving a copy thereof upon the
voters, ballot boxes and their keys,
protestant by registered mail or by
ballots and other documents used in
personal delivery or through the
the election be brought before it and
sheriff;
that the ballots be examined and the
(d) The protestant shall answer the votes recounted.
counter-protest within five days after
Section 256. Appeals. - Appeals from
notice;
any decision rendered by the regional
(e) Within the period of five days trial court under Section
counted from the filing of the protest
251 and paragraph two, Section 253
any other candidate for the same
190
hereof with respect to quo warranto

office may intervene in the case as
petitions filed in election contests
Page
other contestants and ask for

affecting municipal officers, the facts and the law on which it is

aggrieved party may appeal to the based.
Intermediate Appellate Court within Section 2. Minute Resolution. -
five days after receipt of a copy of the No minute resolution resolving a
decision. No motion for case shall be rendered if evidence
reconsideration shall be entertained has been adduced and received.
by the court. The appeal shall be Section 3. When Extended
decided within sixty days after the Opinion Reserved. - When in a
case has been submitted for decision. given resolution or decision the
writing of an extended opinion is
Section 257. Decision in the reserved, the extended opinion
Commission. - The Commission shall shall be released within fifteen
decide all election cases brought (15) days after the promulgation of
the resolution.
before it within ninety days from the
date of their submission for decision. Section 4. Period to Appeal or
The decision of the Commission shall File Motion for Reconsideration
become final thirty days after receipt When Extended Opinion is
Reserved. - If an extended opinion
of judgment. is reserved in a decision or
RULE 18 OF THE COMELEC RULES OF resolution, the period to file a
petition for certiorari with the
PROCEDURE, provides – Supreme Court or to file a motion
for reconsideration shall begin to
Rule 18 - Decisions run only from the date the
aggrieved party received a copy of
Section 1. Procedure in Making the extended opinion.
Decisions. - The conclusions of
the Commission in any case Section 5. Promulgation. - The
submitted to it for decision en promulgation of a decision or
banc or in Division shall be resolution of the Commission or a
reached in consultation before the Division shall be made on a date
case is assigned by raffle to a previously fixed, of which notice
Member for the writing of the shall be served in advance upon
opinion of the Commission or the the parties or their attorneys
Division and a certification to this personally or by registered mail or
effect signed by the Chairman or by telegram.
the Presiding Commissioner, as
the case may be, shall be Section 6. Procedure if Opinion is
incorporated in the decision. Any Equally Divided. - When the
Member who took no part, or Commission en banc is equally
dissented, or abstained from a divided in opinion, or the
decision or resolution must state necessary majority cannot be had,
the reason therefor. the case shall be reheard, and if
191
on rehearing no decision is
Every decision shall express reached, the action or proceeding
therein clearly and distinctly the shall be dismissed if originally
Page

commenced in the Commission; in (b) However, if the hearing

appealed cases, the judgment or and reception of evidence
order appealed from shall stand are delegated to any of its
affirmed; and in all incidental officials, the case or matter
matters, the petition or motion shall be deemed submitted
shall be denied. for decision as of the date of
the receipt of the findings,
Section 7. Period to Decide by the report and recommendation
Commission En Banc. - Any case of the official so delegated.
or matter submitted to or heard by
the Commission en banc shall be Section 10. Duty to Certify to the
decided within thirty (30) days President. - In election protests
from the date it is seemed and quo warranto cases, if the
submitted for decision or decision shall be that none of the
resolution, except a motion for parties has been legally elected,
reconsideration of a decision or the Commission shall certify such
resolution of a Division in Special decision to the President of the
Actions and Special Cases which Philippines.
shall be decided within fifteen (15)
days from the date the case or Section 11. Duty to Notify Other
matter is deemed submitted for Agencies of the Government. - (a)
decision, unless otherwise As soon as a decision in an
provided by law. election protest within the original
jurisdiction of the Commission or
Section 8. Period to Decide by a in a quo warranto case becomes
Division. - Any case or matter final and executory, notices
heard by a Division shall be thereof shall be sent to the
decided within ten (10) days from President, the Secretary of Local
the date it is deemed submitted for Government, the Chairman of the
decision or resolution, except in Commission on Audit, and the
Special Actions and Special Secretary of the Sangguniang
Cases which shall be decided or Pampook in the case of regional
resolved within five (5) days from officials, the Secretary of the
the date they are deemed Sangguniang Panlalawigan in the
submitted for decision or case of provincial officials, and the
resolution, unless otherwise Secretary of the Sangguniang
provided by law Panglungsod in the case of city
officials.
Section 9. When Deemed
Submitted for Decision. - (a) A (b) As soon as a decision or
case or matter is deemed resolution in an appealed
submitted for decision or election case becomes final
resolution upon the filing of the and executory, notices
last pleading, brief or thereof shall be sent to the
memorandum as required in these President, the Secretary of
Rules or by the Commission en Local Government, the
192
banc or by a Division. Chairman of the

Commission on Audit, and
Page
the Secretary of the

Sangguniang Bayan in the restrained by the Supreme

case of municipal officials Court.
and the Secretary of the
Sangguniang Barangay in (c) Unless a motion for
the case of barangay reconsideration is
officials. seasonably filed, a decision
or resolution of a Division
Section 12. Dissemination of shall become final and
Decision in a Petition to Deny Due executory after the lapse of
Course to or Cancel a Certificate five (5) days in Special
of Candidacy or to Declare a actions and Special cases
Candidate as a Nuisance and after fifteen (15) days in
Candidate. - The Commission all other actions or
shall, within twenty-four (24) hours proceedings, following its
from the promulgation of a promulgation.
decision in petitions to deny due
course to or cancel a certificate of RULE 19 OF THE COMELEC
candidacy, declare a candidate a RULES OF PROCEDURE,
nuisance candidate or disqualify a provides –
candidate, disseminate its
decision, or the decision of the Rule 19 - Motions for
Supreme Court if the Reconsideration
Commission's decision is brought
by the aggrieved party to said Section 1. Grounds of Motion for
Court, to the election registrars Reconsideration. - A motion for
concerned, boards of election reconsideration may be filed on
inspectors, and the general public the grounds that the evidence is
in the political subdivision insufficient to justify the decision,
concerned through the fastest order or ruling; or that the said
means available. decision, order or ruling is contrary
to law.
Section 13. Finality of Decisions
or Resolutions. - (a) In ordinary Section 2. Period for Filing
actions, special proceedings, Motions for Reconsideration. - A
provisional remedies and special motion to reconsider a decision,
reliefs a decision or resolution of resolution, order, or ruling of a
the Commission en banc shall Division shall be filed within five
become final and executory after (5) days from the promulgation
thirty (30) days from its thereof. Such motion, if not
promulgation. proforma, suspends the execution
or implementation of the decision,
(b) In Special Actions and resolution, order or ruling.
Special Cases a decision or
resolutions of the Section 3. Form and Contents of
Commission en banc shall Motion for Reconsideration. - The
become final and executory motion shall be verified and shall
point out specifically the findings
193
after five (5) days from its

promulgation unless or conclusions of the decision,
resolution, order or ruling which
Page

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
Page
employment, franchise or grant,

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
complying with any of the acts

ordered by the former to aid,
Page

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
before a special election, any transfer or detail whatever of any

officer or employee in the civil service
Page

including public school teachers, or promise or any office, or

within the election period except employment, public or private, for
upon prior approval of the any of the foregoing considerations.
Commission.
(k) Unlawful electioneering. - It is
(i) Intervention of public officers and unlawful to solicit votes or undertake
employees. - Any officer or employee any propaganda on the day of
in the civil service, except those registration before the board of
holding political offices; any officer, election inspectors and on the day of
employee, or member or the Armed election, for or against any candidate
Forces of the Philippines, or any or any political party within the
police force, special forces, home polling place and with a radius of
defense forces, barangay self-defense thirty meters thereof.
units and all other para-military units
(l) Prohibition against dismissal of
that now exist or which may
employees, laborers, or tenants. - No
hereafter be organized who, directly
employee or laborer shall be
or indirectly, intervenes in any
dismissed, nor a tenant be ejected
election campaign or engages in any
from his landholdings for refusing or
partisan political activity, except to
failing to vote for any candidate of his
vote or to preserve public order, if he
employer or landowner. Any
is a peace officer.
employee, laborer or tenant so
(j) Undue influence. - It is unlawful for dismissed or ejected shall be
any person to promise any office or reinstated and the salary or wage of
employment, public or private, or to the employee or laborer, or the share
make or offer to make an of the harvest of the tenant, shall be
expenditure, directly or indirectly, or restored to the aggrieved party upon
to cause an expenditure to be made application to the proper court.
to any person, association,
(m) Appointment or use of special
corporation or entity, which may
policemen, special agents,
induce anyone or the public in
confidential agents or the like. -
general either to vote or withhold his
During the campaign period, on the
vote, or to vote for or against any
day before and on election day, any
candidate in any election or any
appointing authority who appoints or
aspirant for the nomination or
any person who utilizes the services
selection of an official candidate in a
of special policemen, special agents,
convention of a political party. It is
confidential agents or persons
likewise unlawful for any person,
performing similar functions; persons
association, corporation or
197
previously appointed as special

community, to solicit or receive,
policemen, special agents,
Page
directly or indirectly, any expenditure

confidential agents or persons prisoners must be categorized as

performing similar functions who such.
continue acting as such, and those
(o) Use of public funds, money
who fail to turn over their firearms,
deposited in trust, equipment,
uniforms, insignias and other badges
facilities owned or controlled by the
of authority to the proper officer who
government for an election
issued the same.
campaign. - Any person who uses
At the start of the aforementioned under any guise whatsoever, directly
period, the barangay chairman, or indirectly, (1) public funds or
municipal mayor, city mayor, money deposited with, or held in
provincial governor, or any trust by, public financing institutions
appointing authority shall submit to or by government offices, banks, or
the Commission a complete list of all agencies; (2) any printing press,
special policemen, special agents, radio, or television station or audio-
confidential agents or persons visual equipment operated by the
performing similar functions in the Government or by its divisions, sub-
employ of their respective political divisions, agencies or
subdivisions, with such particulars as instrumentalities, including
the Commission may require. government-owned or controlled
corporations, or by the Armed Forces
(n) Illegal release of prisoners before
of the Philippines; or (3) any
and after election. - The Director of
equipment, vehicle, facility,
the Bureau of Prisons, any provincial
apparatus, or paraphernalia owned
warden, the keeper of the jail or the
by the government or by its political
person or persons required by law to
subdivisions, agencies including
keep prisoners in their custody who
government-owned or controlled
illegally orders or allows any prisoner
corporations, or by the Armed Forces
detained in the national penitentiary,
of the Philippines for any election
or the provincial, city or municipal jail
campaign or for any partisan political
to leave the premises thereof sixty
activity.
days before and thirty days after the
election. The municipal or city (p) Deadly weapons. - Any person
warden, the provincial warden, the who carries any deadly weapon in the
keeper of the jail or the person or polling place and within a radius of
persons required by law to keep one hundred meters thereof during
prisoners in their custody shall post in the days and hours fixed by law for
three conspicuous public places a list the registration of voters in the
of the prisoners or detention polling place, voting, counting of
198
prisoners under their care. Detention votes, or preparation of the election

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returns. However, in cases of affray,

turmoil, or disorder, any peace officer model, whether new, reconditioned,

or public officer authorized by the rebuilt or remodelled: Provided, That
Commission to supervise the election banking or financial institutions and
is entitled to carry firearms or any all business firms may use not more
other weapon for the purpose of than two armored vehicles strictly
preserving order and enforcing the for, and limited to, the purpose of
law. transporting cash, gold bullion or
other valuables in connection with
(q) Carrying firearms outside
their business from and to their place
residence or place of business. - Any
of business, upon previous authority
person who, although possessing a
of the Commission.
permit to carry firearms, carries any
firearms outside his residence or (s) Wearing of uniforms and bearing
place of business during the election arms. - During the campaign period,
period, unless authorized in writing on the day before and on election
by the Commission: Provided, That a day, any member of security or police
motor vehicle, water or air craft shall organization of government agencies,
not be considered a residence or commissions, councils, bureaus,
place of business or extension hereof. offices, or government-owned or
controlled corporations, or privately-
This prohibition shall not apply to
owned or operated security,
cashiers and disbursing officers while
investigative, protective or
in the performance of their duties or
intelligence agencies, who wears his
to persons who by nature of their
uniform or uses his insignia,
official duties, profession, business or
decorations or regalia, or bears arms
occupation habitually carry large
outside the immediate vicinity of his
sums of money or valuables.
place of work: Provided, That this
(r) Use of armored land, water or air prohibition shall not apply when said
craft. - Any person who uses during member is in pursuit of a person who
the campaign period, on the day has committed or is committing a
before and on election day, any crime in the premises he is guarding;
armored land, water or air craft, or when escorting or providing
provided with any temporary or security for the transport of payrolls,
permanent equipment or any other deposits, or other valuables; or when
device or contraption for the guarding the residence of private
mounting or installation of cannons, persons or when guarding private
machine guns and other similar high residences, buildings or offices:
caliber firearms, including military Provided, further, That in the last
199
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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design at least two centimeters tall,

that now exist or which may
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hereafter be organized who acts as

bodyguard or security guard of any with such particulars as the

public official, candidate or any other Commission may require.
person, and any of the latter who
(v) Prohibition against release,
utilizes the services of the former as
disbursement or expenditure of
bodyguard or security guard:
public funds. - Any public official or
Provided, That, after due notice and
employee including barangay officials
hearing, when the life and security of
and those of government-owned or
a candidate is in jeopardy, the
controlled corporations and their
Commission is empowered to assign
subsidiaries, who, during forty-five
at the candidate's choice, any
days before a regular election and
member of the Philippine
thirty days before a special election,
Constabulary or the police force of
releases, disburses or expends any
any municipality within the province
public funds for:
to act as his bodyguard or security
guard in a number to be determined (1) Any and all kinds of public works,
by the Commission but not to exceed except the following:
three per candidate: Provided,
(a) Maintenance of existing and/or
however, That when the
completed public works project:
circumstances require immediate
Provided, That not more than the
action, the Commission may issue a
average number of laborers or
temporary order allowing the
employees already employed therein
assignment of any member of the
during the six-month period
Philippine Constabulary or the local
immediately prior to the beginning of
police force to act as bodyguard or
the forty-five day period before
security guard of the candidate,
election day shall be permitted to
subject to confirmation or
work during such time: Provided,
revocation.
further, That no additional laborers
(u) Organization or maintenance of shall be employed for maintenance
reaction forces, strike forces, or other work within the said period of forty-
similar forces. - Any person who five days;
organizes or maintains a reaction
(b) Work undertaken by contract
force, strike force or similar force
through public bidding held, or by
during the election period.
negotiated contract awarded, before
The heads of all reaction forces, strike the forty-five day period before
forces, or similar forces shall, not election: Provided, That work for the
later than forty-five days before the purpose of this section undertaken
election, submit to the Commission a under the so-called "takay" or
201
complete list of all members thereof "paquiao" system shall not be

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considered as work by contract;

(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.
Page
Development and any other office in - During the period of forty-five days

preceding a regular election and information required in the

thirty days before a special election, application for registration.
any person who (a) undertakes the
(3) Any person who deliberately
construction of any public works,
imprints or causes the imprinting of
except for projects or works
blurred or indistinct fingerprints on
exempted in the preceding
any of the copies of the application
paragraph; or (b) issues, uses or
for registration or on the voter's
avails of treasury warrants or any
affidavit; or any person in charge of
device undertaking future delivery of
the registration of voters who
money, goods or other things of
deliberately or through negligence,
value chargeable against public
causes or allows the imprinting of
funds.
blurred or indistinct fingerprints on
(x) Suspension of elective provincial, any of the aforementioned
city, municipal or barangay officer. - registration forms, or any person who
The provisions of law to the contrary tampers with the fingerprints in said
notwithstanding during the election registration records.
period, any public official who
(4) Any member of the board of
suspends, without prior approval of
election inspectors who approves any
the Commission, any elective
application which on its face shows
provincial, city, municipal or barangay
that the applicant does not possess
officer, unless said suspension will be
all the qualifications prescribed by
for purposes of applying the "Anti-
law for a voter; or who disapproves
Graft and Corrupt Practices Act" in
any application which on its face
relation to the suspension and
shows that the applicant possesses all
removal of elective officials; in which
such qualifications.
case the provisions of this section
shall be inapplicable. (5) Any person who, being a
registered voter, registers anew
(y) On Registration of Voters:
without filing an application for
(1) Any person who, having all the cancellation of his previous
qualifications and none of the registration.
disqualifications of a voter, fails
(6) Any person who registers in
without justifiable excuse to register
substitution for another whether
as a voter in an election, plebiscite or
with or without the latter's
referendum in which he is qualified
knowledge or consent.
to vote.
(7) Any person who tampers with or
(2) Any person who knowingly makes
203
changes without authority any data

any false or untruthful statement
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relative to any of the data or

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
204
change of address of the voter and

city or municipality except as
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otherwise provided in this Code or

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:
(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
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
one given by the board of election

and alarming reports or information
inspectors or has in his possession
or transmits or circulates false orders,
Page
more than one official ballot.

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
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
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.
(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
him and kept under his custody. or causes to be distributed, delivered,

Page
or disposed of, any official ballot or

election returns to any person or was suspended or annulled by the

persons not authorized by law or by Commission.
the Commission to receive or keep
official ballots or election returns or
canvassers who proceeds with the
who sends or causes them to be sent
canvass of votes and/or proclamation
to any place not designated by law or
of any candidate in the absence of
by the Commission.
quorum, or without giving due notice
(21) Any person who, through any of the date, time and place of the
act, means or device, violates the meeting of the board to the
integrity of any official ballot or candidates, political parties, and/or
election returns before or after they other members of the board.
are used in the election.
(22) Any person who removes, tears, canvassers who, without authority of
defaces or destroys any certified list the Commission, uses in the canvass
of candidates posted inside the of votes and/or proclamation of any
voting booths during the hours of candidate any document other than
voting. the official copy of the election
returns.
(23) Any person who holds or causes
the holding of an election on any (bb) Common to all boards of election
other day than that fixed by law or by inspectors and boards of canvassers:
the Commission, or stops any
(1) Any member of any board of
election being legally held.
election inspectors or board of
(24) Any person who deliberately canvassers who deliberately absents
blurs his fingerprint in the voting himself from the meetings of said
record. body for the purpose of obstructing
or delaying the performance of its
(aa) On Canvassing:
duties or functions.
(1) Any chairman of the board of
(2) Any member of any board of
canvassers who fails to give due
notice of the date, time and place of
canvassers who, without justifiable
the meeting of said board to the
reason, refuses to sign and certify any
candidates, political parties and/or
election form required by this Code
members of the board.
or prescribed by the Commission
(2) Any member of the board of although he was present during the
canvassers who proceeds with the meeting of the said body.
207
canvass of the votes and/or

(3) Any person who, being ineligible
proclamation of any candidate which
Page
for appointment as member of any

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
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
208
candidacy duly filed and which has

establishments duly certified by the
Page
Ministry of Tourism as tourist

oriented and habitually in the certificate of public convenience or

business of catering to foreign franchise.
tourists may be exempted for
(5) Prohibition against discrimination
justifiable reasons upon prior
in the sale of air time. - Any person
authority of the Commission:
who operates a radio or television
Provided, further, That foreign
station who without justifiable cause
tourists taking intoxicating liquor in
discriminates against any political
said authorized hotels or
party, coalition or aggroupment of
establishments are exempted from
parties or any candidate in the sale of
the provisions of this subparagraph.
air time. In addition to the penalty
(2) Any person who opens in any prescribed herein, such refusal shall
polling place or within a radius of constitute a ground for cancellation
thirty meters thereof on election day or revocation of the franchise.
and during the counting of votes,
booths or stalls of any kind for the
sale, dispensing or display of wares,
RA 8046, provides –
merchandise or refreshments,
whether solid or liquid, or for any Section 23. Election Offenses. In
other purposes. addition to those enumerated in
Section 261 of Batas Pambansa
(3) Any person who holds on election Blg. 881, the following acts shall
day, fairs, cockfights, boxing, horse be penalized as election offenses,
races, jai-alai or any other similar whether or not said acts effect the
electoral process or results:
sports.
a) Utilizing without
(4) Refusal to carry election mail
authorization,
matter. - Any operator or employee tampering with,
of a public utility or transportation destroying or stealing.
company operating under a 1) official ballots,
certificate of public convenience, election returns,
statement of votes and
including government-owned or
certificates of canvass
controlled postal service or its of votes used in the
employees or deputized agents who System; and
refuse to carry official election mail
2) electronic
matters free of charge during the devices or their
election period. In addition to the components,
penalty prescribed herein, such peripherals or
refusal shall constitute a ground for supplies used in
209
the System, such

cancellation or revocation of
as: counting
machine,
Page

memory 192, 194, 195, 196, 197, 198, 202,

pack/diskette, 203, 204, 205, 206, 207, 208, 209,
memory pack
210, 211, 212, 213, 214, 215, 216,
receiver, tape
printout, and 217, 218, 219, 220, 223, 229, 230,
computer set; 231, 233, 234, 235, 236, 239 and 240.
b) Interfering with, SECTION 261 AND 262 HAVE BEEN

impending, absconding SUPPLEMENTED BY SECTION 27 OF
for purposes of gain or RA 6646, provides –
preventing the
installation or use of Section 27. Election Offenses. -
computer counting In addition to the prohibited acts
devices and the and election offenses enumerated
processing, storage, in Sections 261 and 262 of Batas
generation and Pambansa Blg. 881, as amended,
transmission of the following shall be guilty of an
election results, data election offense:
or information; and
(a) Any person who causes
c) Gaining or causing the printing of official ballots
access to, using, and election returns by any
altering, destroying, or printing establishment which
disclosing any is not under contract with the
computer data, Commission on Elections
program, system and any printing
software, network, or establishment which
any computer-related undertakes such
devices, facilities, unauthorized printing.
hardware or
equipment, whether (b) Any member of the board
classified or of election inspector or
declassified. board of canvassers who
tampers, increases, or
Section 262. Other election offenses. - decreases the votes
Violation of the provisions, or received by a candidate in
pertinent portions, of the following any election or any member
sections of this Code shall constitute of the board, who refuses,
after proper verification and
election offenses: Sections 9, 18, 74,
hearing, to credit the correct
75, 76, 80, 81, 82, 83, 84, 85, 86, 87, votes or deduct such
88, 89, 95, 96, 97, 98, 99, 100, 101, tampered votes.
102, 103, 104, 105, 106 107, 108,
(c) Any member of the board
109, 110, 111, 112, 122, 123, 127,
of election inspectors who
128, 129, 132, 134, 135, 145, 148, refuses to issue to duly
210
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
offense committed and its members

who may be principals, accomplices, any act of intimidation, terrorism of
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or accessories shall be liable, in interference in the election.

Any person found guilty of the from producing books, papers,

offense of failure to register or failure correspondence, memoranda and
other records on the ground that
to vote shall, upon conviction, be
the testimony or evidence,
fined one hundred pesos. In addition, documentary or otherwise,
he shall suffer disqualification to run required of him, may tend to
for public office in the next incriminate him or subject him to
succeeding election following his prosecution: Provided, That no
person shall be prosecuted
conviction or be appointed to a public criminally for or on account of any
office for a period of one year matter concerning which he is
following his conviction. compelled, after having claimed
the privilege against self-
Section 265. Prosecution. - The incrimination, to testify and
Commission shall, through its duly produce evidence, documentary or
authorized legal officers, have the otherwise.
exclusive power to conduct Under such terms and conditions
preliminary investigation of all as it may determine, the
election offenses punishable under Commission may grant immunity
this Code, and to prosecute the same. from criminal prosecution to any
person whose testimony or whose
The Commission may avail of the
possession and production of
assistance of other prosecuting arms documents or other evidence may
of the government: Provided, be necessary to determine the
however, That in the event that the truth in any hearing, inquiry or
Commission fails to act on any proceeding being conducted by
the Commission or under its
complaint within four months from authority, in the performance or in
his filing, the complainant may file the furtherance of its constitutional
the complaint with the office of the functions and statutory objectives.
fiscal or with the Ministry of Justice The immunity granted under this
and the immediately preceding
for proper investigation and
paragraph shall not exempt the
prosecution, if warranted. witness from criminal prosecution
for perjury or false testimony.
SUPPLEMENTED BY SECTION 26 OF ALSO SECTION 28 OF RA 6646,
RA 6646, provides – PROVIDES THAT –
Section 26. COMELEC Hearings Section 28. Prosecution of Vote-

and Proceedings. - In all buying and Vote-selling. - The
hearings, inquiries, and presentation of a complaint for
proceedings of the Commission, violations of paragraph (a) or (b) of
including preliminary Section 261 of Batas Pambansa
investigations of election offenses, Blg. 881 supported by affidavits of
212
no person subpoenaed to testify complaining witnesses attesting to

as a witness shall be excused the offer or promise by or of the
Page
from attending and testifying or voter's acceptance of money or

other consideration from the gives information and willingly

relatives, leaders or sympathizers testifies on any violation thereof in
of a candidate, shall be sufficient any official investigation or
basis for an investigation to be proceeding shall be exempt from
immediately conducted by the prosecution and punishment for
Commission, directly or through its the offenses with reference to
duly authorized legal officers, which his information and
under Section 68 or Section 265 of testimony were given: Provided,
said Batas Pambansa Blg. 881. further, That nothing herein shall
exempt such person from criminal
Proof that at least one voter in prosecution for perjury or false
different precincts representing at testimony.
least twenty percent (20%) of the
total precincts in any municipality, RULE 34 OF THE COMELEC
city or province has been offered, RULES OF PROCEDURE,
promised or given money, provides –
valuable consideration or other
expenditure by a candidate's Rule 34 - Prosecution of
relatives, leaders and/or Election Offenses
sympathizers for the purpose of
promoting the election of such Section 1. Authority of the
candidate, shall constitute a Commission to Prosecute Election
disputable presumption of a Offenses. - The Commission shall
conspiracy under paragraph (b) of have the exclusive power to
Section 261 of Batas Pambansa conduct preliminary investigation
Blg. 881. of all election offenses punishable
under the election laws and to
Where such proof affect at least prosecute the same, except as
twenty percent (20%) of the may otherwise be provided by law.
precincts of the municipality, city
or province to which the public Section 2. Continuing Delegation
office aspired by the favored of Authority to Other Prosecution
candidate relates, the same shall Arms of the Government. - The
constitute a disputable Chief State Prosecutor, all
presumption of the involvement of Provincial and City Fiscals, and/or
such candidate and of his principal their respective assistants are
campaign managers in each of the hereby given continuing authority,
municipalities concerned, in the as deputies of the Commission, to
conspiracy. conduct preliminary investigation
of complaints involving election
The giver, offerer, and promisor as offenses under the election laws
well as the solicitor, acceptor, which may be filed directly with
recipient and conspirator referred them, or which may be indorsed to
to in paragraphs (a) and (b) of them by the Commission or its
Section 261 of Batas Pambansa duly authorized representatives
Blg. 881 shall be liable as and to prosecute the same. Such
213
principals: Provided, That any authority may be revoked or

persons, otherwise guilty under withdrawn any time by the
Commission whenever in its
Page
said paragraphs who voluntarily

judgment such revocation or (c) If filed with the Regional

withdrawal is necessary to protect Election Directors or
the integrity of the Commission, Provincial Election
promote the common good, or Supervisors, said officials
when it believes that successful shall immediately furnish the
prosecution of the case can be Director of the Law
done by the Commission. Department a copy of the
complaint and the supporting
Section 3. Initiation of documents, and inform the
Complaint. - Initiation of complaint latter of the action taken
for election offenses may be done thereon.1avvphi1
motu proprio by the Commission,
or upon written complaint by any Section 5. Referral for Preliminary
citizen of the Philippines, Investigation. - if the complaint is
candidate, registered political initiated motu proprio by the
party, coalition of political parties Commission, or is filed with the
or organizations under the partylist Commission by any aggrieved
system or any accredited citizens party, it shall be referred to the
arms of the Commission. Law Department for investigation.
Upon direction of the Chairman of
Section 4. Form of Complaint and the Commission, the preliminary
Where to File. - (a) When not investigation may be delegated to
initiated motu proprio by the any lawyer of said Department, or
Commission, the complaint must to any of the Regional Election
be verified and supported by Directors or Provincial Election
affidavits and/or any other Supervisors, or any lawyer of the
evidence. Motu proprio complaints Commission .
may be signed by the Chairman of
the Commission, or the Director of Section 6. Conduct of Preliminary
the Law Department upon Investigation. - (a) If on the basis
direction of the Chairman, and of the complaint, affidavits and the
need not be verified; supporting evidence, the
investigating officer finds no
(b) The complaint shall be ground to continue with the
filed with the Law inquiry, he shall recommend the
Department of the dismissal of the complaint and
Commission; or with the shall follow the procedure
offices of the Election prescribed in Section 8(c) of this
Registrars, Provincial Rule. Otherwise, he shall issue a
Election Supervisors or subpoena to the respondent,
Regional Election Directors, attaching thereto a copy of the
or the State Prosecutor, complaint, affidavits and other
Provincial Fiscal or City supporting documents giving said
Fiscal. If filed with any of the respondent ten (10) days from
latter three (3) officials, receipt within which to submit
investigation thereof may be counter-affidavits and other
214
delegated to any of their supporting documents. The

assistants. respondent shall have the right to
Page

examine all other evidence Section 7. Presumption of

submitted by the complainant. Existence of Probable Cause. - A
complaint initiated motu propio by
(b) Such counter-affidavits the Commission is presumed to be
and other supporting based on sufficient probable
evidence submitted by the cause and the investigating officer
respondent shall be must forthwith issue the subpoena
furnished by him to the mentioned in the immediately
complainant. preceding section.
(c) If the respondent cannot Section 8. Duty of Investigating

be subpoenaed, or if Officer. - The preliminary
subpoenaed, doe not submit investigation must be terminated
counter-affidavits within the within twenty (20) days after
ten day period, the receipt of the counter-affidavits
investigating officer shall and other evidence of the
base his resolution on the respondents, and resolution
evidence presented by the thereof shall be made within five
complainant. (5) days thereafter.
(d) If the investigating officer (a) If the investigating officer

believes that there are finds no cause to hold the
matters to be clarified, he respondent for trial, he shall
may set a hearing to recommend dismissal of the
propound clarificatory complaint.
questions to the parties or
their witnesses, during which (b) If the investigating officer
the parties shall be afforded finds cause to hold the
an opportunity to be present respondent for trial, he shall
but without the right to prepare the resolution, and
examine or cross-examine. If the corresponding
the parties so desire, they information wherein he shall
may submit questions to the certify under oath that he
investigating officer which has examined the
the latter may propound to complainant and his
the parties or witnesses witnesses, that there is
concerned. reasonable ground to
believe that a crime has
(e) Thereafter, the been committed and that the
investigation shall be accused was informed of the
deemed concluded, and the complaint and of the
investigating officer shall evidence submitted against
resolve the case within ten him and that he was given
(10) days therefrom. Upon an opportunity to submit
the evidence thus adduced, controverting evidence.
the investigating officer shall
215
determine whether or not (c) In either case, the

there is sufficient ground to investigating officer shall,
hold the respondent for trial. within five (5) days from the
Page

rendition of his of the Commission. If the

recommendation, forward Commission approves the
the records of the case to: filing of an information in
court against the
1) The Director of the respondent/s, the Director of
Law Department of the the Law Department shall
Commission in cases prepare and sign the
investigated by any of information for immediate
the Commission filing with the appropriate
lawyers or filed court.
personnel, and
(c) In all other cases, if the
2) The State recommendation to dismiss
Prosecutor, Provincial or the resolution to file the
Fiscal or City Fiscal, as case in court is approved by
the case may be, State Prosecutor, Provincial
pursuant to the or City Fiscal, they shall
continuing authority likewise approve the
provided for in Section Information prepared and
2 of this Rule. immediately cause its filing
with the proper court.
Section 9. Duty of the Law
Department, State Prosecutor, (d) If the recommendation to
Provincial or City Fiscal Upon dismiss is reversed on the
Receipt of Records. - (a) Within ground that a probable
ten (10) days from receipt of the cause exists, the State
records stated in paragraph (c) of Prosecutor, or the Provincial
the immediately preceding section, or City Fiscal, may, by
the State Prosecutor, Provincial or himself prepare and file the
City Fiscal shall take appropriate corresponding information
action thereon, immediately against the respondent or
informing the parties of said direct any of his assistants to
action. do so without conducting
another preliminary
(b) In cases investigated by investigation.
the lawyers or the field
personnel of the Section 10. Appeals from the
Commission, the Director of Action of the State Prosecution,
the Law Department shall Provincial or City Fiscal. - Appeals
review and evaluate the from the resolution of the State
recommendation of said Prosecutor, or Provincial or City
legal officer, prepare a report Fiscal on the recommendation or
and make a resolution of investigating officers
recommendation to the may be made only to the
Commission affirming, Commission within ten (10) days
modifying or reversing the from receipt of the resolution of
216
same shall be included in said officials, provided, however

the agenda of the that this shall not divest the
succeeding meeting en banc
Page
Commission of its power to motu

proprio review, revise, modify or Constitution shall have been strictly

reverse the resolution of the chief complied with.
state prosecutor and/or
provincial/city prosecutors. The If the offense charged is punishable
decision of the Commission on under a presidential decree whether
said appeals shall be immediately
originally or by amendment of a
executory and final.
previous law, the death penalty shall
Section 11. Duty of State not be imposed upon the offender
Prosecutor, Provincial or City except where murder, rape or arson
Fiscal to Render Reports. - The
is involved. In all cases, the penalty
State Prosecutor, Provincial or
City Fiscal shall, within five (5) shall not be higher than reclusion
days from the rendition of their perpetua and the offender shall be
resolution on recommendation or entitled to reasonable bail upon
resolution of investigating officers, sufficient sureties to be granted
make a written report thereof to
the Commission. They shall speedily by the competent court.
likewise submit a monthly report Moreover, loss of the right of
on the status of cases filed with citizenship and confiscation of
and/or prosecuted by them or any property shall not be imposed.
of their assistants pursuant to the
authority granted them under Any officer or a person who shall
Section 2 of this Rule. violate any provision of this section
Section 12. Private Prosecutor. - shall be punished by imprisonment of
The appearance of a private not less than six (6) years and one (1)
prosecutor shall be allowed in day nor more than twelve (12) years,
cases where private rights with the accessory penalties for
involving recovery of civil liability
are involved. election offenses. The provision of
Section 267 of this Code shall not
Section 266. Arrest in connection with apply to prosecution under this
the election campaign. - No person section.
shall be arrested and/or detained at
Section 267. Prescription. - Election
any time for any alleged offense
offenses shall prescribe after five
committed during and in connection
years from the date of their
with any election through any act or
commission. If the discovery of the
language tending to support or
offense be made in an election
oppose any candidate, political party
contest proceedings, the period of
or coalition of political parties under
prescription shall commence on the
or pursuant to any order of whatever
date on which the judgment in such
name or nature and by whomsoever
proceedings becomes final and
issued except only upon a warrant of
217
executory.
arrest issued by a competent judge
after all the requirements of the
Page

Section 268. Jurisdiction of courts. - (a) For furnishing certified transcript

The regional trial court shall have the of records or copies of any record,
exclusive original jurisdiction to try decision or ruling or entry of which
and decide any criminal action or any person is entitled to demand and
proceedings for violation of this receive a copy, for every page P 2.00
Code, except those relating to the
(b) For every certificate or writ or
offense of failure to register or failure
process 10.00
to vote which shall be under the
jurisdiction of the metropolitan or (c) For each certificate not on process
municipal trial courts. From the 2.00
decision of the courts, appeal will lie
(d) In appropriate cases, for filing a
as in other criminal cases.
second and succeeding motions for
Section 269. Preferential disposition reconsideration 50.00
of election offenses. - The
(e) For every search of any record of
investigation and prosecution of
more than one year's standing and
cases involving violations of the
reading the same 10.00
election laws shall be given
preference and priority by the Section 271. Payment of Fees. - The
Commission on Elections and fees mentioned in the preceding
prosecuting officials. Their section shall be paid to the cashier of
investigation shall be commenced the Commission who shall in all cases
without delay, and shall be resolved issue a receipt for the same and shall
by the investigating officer within five enter the amount received upon his
days from its submission for book specifying the date when
resolution. The courts shall likewise received, the fee, and the person
give preference to election offenses from whom received. The cashier
over all other cases, except petitions shall immediately report such
for writ of habeas corpus. Their trial payment to the Commission.
shall likewise be commenced without
ARTICLE XXIV
delay, and shall be conducted
TRANSITORY PROVISIONS
continuously until terminated, and
the case shall be decided within thirty Section 272. Pending actions. -
days from its submission for decision. Pending actions and causes of action
arising before the effectivity of this
ARTICLE XXIII
Code shall be governed by the laws
LEGAL FEES
then in force.
Section 270. Collection of legal fees. -
218
Section 273. Designation of certain

The Commission is hereby
pre-election acts immediately after
authorized to collect fees as follows:
Page
the approval of this Code. - If it

should no longer be reasonably registered before the next local

possible to observe the periods and elections.
dates herein prescribed for certain
Any political party, group or
pre-election acts in the election
immediately following the approval
parties seeking accreditation under
of this Code, the Commission shall fix
this section shall file a verified
other periods in order to ensure that
petition with the Commission on
voters shall not be deprived of their
Elections stating therein such
right of suffrage.
information as may be necessary to
Section 274. Accreditation of enable the Commission to determine
dominant opposition party. - For the qualifications for accreditation in
purposes of the next local elections in accordance with the standard herein
1986 and the next presidential provided.
elections in 1987 or earlier, the
The Commission on Elections shall
dominant opposition party shall be
accredit the dominant opposition
that political party, group or
party not later than thirty days before
organization or coalition of major
the campaign period in every
national or regional political parties
election.
opposed to the majority party which
has the capability to wage a bona fide In case a presidential election is held
nationwide campaign as shown by before the next local elections or
the extent of its organization and the before the presidential election in
number of Members of Parliament 1987, the provisions of the
affiliated with it: Provided, however, Constitution shall be enforced in
That with specific reference to the determining which shall be the
next local elections in constituencies dominant opposition party for
which are represented in the purposes of the next local elections.
Batasang Pambansa by Members
Section 275. Party representatives in
who do not belong either to the
the board of election inspectors. -
majority party or to the political party
Until such time as the two accredited
or coalition of political parties
political parties are determined in
described above, the representatives
accordance with the provisions of the
of the opposition in the board of
Constitution, the two members shall
election inspectors, board of
each be proposed by the ruling party
canvassers or other similar bodies
and the dominant opposition party as
shall be proposed exclusively by the
may be determined by the
party to which said Member of the
Commission pursuant to the
219
Batasang Pambansa belong:

provisions of this Code.
Provided, however, That it is
Page

Section 276. Appropriations, and the rate of one hundred pesos on

insurance for board of election election day.
inspectors. - The cost of holding the
Payments of per diems under this
next local elections provided in this
section shall be made within seventy-
Code shall be funded out of the
two hours after the election or
current appropriations of the
registration day.
Commission on Elections provided for
this purpose. In case of deficiency, The chairman, poll clerk and party
additional funding may be provided representatives in the board of
out of the special activities fund election inspectors shall be insured
intended for special priority activities with the government Service
authorized in the General Insurance System at fifty thousand
Appropriations Act. pesos each under terms and
conditions that shall be agreed upon
The chairman and the poll clerk of
by the Chairman of the Commission,
the Ministries of the Budget, and the
receive per diem at the rate of one
Minister of Education, Culture and
hundred pesos on election day and
Sports.
fifty pesos on each of the registration
and revision days. The inspectors of Section 277. Special election for
the political parties shall be granted a President before 1987. - In case a
per diem of fifty pesos on election vacancy in the Office of the President
day and twenty-five pesos on each of occurs before the presidential
the registration and revision days. election in 1987, the Speaker of the
Education support personnel of the Batasang Pambansa shall act as
Ministry of Education, Culture and President until a President and a
Sports shall receive a per diem of Vice-President or either of them shall
twenty-five pesos during election have been elected and shall have
day. qualified. Their term of office shall
commence at noon of the tenth day
Supervisors, principals and other
following their proclamation, and
administrators of the Ministry of
shall end at noon on the thirtieth day
Education, Culture and Sports who
of June of the sixth year thereafter.
may be asked by the Commission,
and actually report, for supervisory The Acting President may not declare
assignment during registration and martial law or suspend the privilege
election day shall be entitled to a per of the writ of habeas corpus without
diem of fifty pesos. the prior consent of at least a
majority of all the Members of the
220
The provincial, city and municipal

Batasang Pambansa, or issue any
treasurers shall receive per diem at
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decree, order or letter of instructions

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.
Section 281. Separability clause. - If

for any reason any section or
provision of this Code, or any portion
thereof, or the application of such
section, provision or portion to any
person, group or circumstance is
declared invalid or unconstitutional, Republic Act No. 9369
the remainder of this Code or the Amending RA 8436
application of such section, provision
AN ACT AMENDING REPUBLIC ACT
or portion thereof to other persons,
NO. 8436, ENTITLED "AN ACT
groups or circumstances shall not be
AUTHORIZING THE COMMISSION ON
affected by such declaration.
ELECTIONS TO USE AN AUTOMATED
Section 282. Repealing clause. - ELECTION SYSTEM IN THE MAY 11,
Presidential Decree No. 1296,
222
1998 NATIONAL OR LOCAL

otherwise known as The 1978 ELECTIONS AND IN SUBSEQUENT
Page
Election Code, as amended, is hereby NATIONAL AND LOCAL ELECTORAL

EXERCISES, TO ENCOURAGE account the situation prevailing in the

TRANSPARENCY, CREDIBILITY, area and the funds available for the
FAIRNESS AND ACCURACY OF purpose."
ELECTIONS, AMENDING FOR THE
SEC. 2. Section 2 of Republic Act No.
PURPOSE BATAS PAMPANSA BLG.
8436 is hereby amended to read as
881, AS AMEMDED, REPUBLIC ACT
follows:
NO. 7166 AND OTHER RELATED
ELECTIONS LAWS, PROVIDING "SEC. 2. Definition of Terms. - As used
FUNDS THEREFOR AND FOR OTHER in this Act, the following terms shall
PURPOSES" mean:
Be it enacted by the Senate and the "1. Automated election system,

House of Representatives of the hereinafter to as AES - a system using
Philippines in Congress assembled: appropriate technology which has
been demonstrated in the voting,
SECTION 1. Section 1 of Republic act
counting, consolidating, canvassing,
No.8436 is hereby amended to read
and transmission of election result,
as follows:
and other electoral process;
"SECTION 1.Declation of Policy. - It is
"2. Electronic transmission -
policy of the State to ensure free,
conveying data in electronic form
orderly, honest, peaceful, credible
from one location to other;
and informed elections, plebiscites,
referenda, recall and other similar "3. Official ballot - where AES is
electoral exercises by improving on utilized, refers to the paper ballot,
the election process and adopting whether printed or generated by the
systems, which shall involved the use technology applied, that faithfully
of an automated election system that captures or represents the votes cast
will ensure the secrecy and sanctity by a voter recorded or to be recorded
of the ballot and all election, in electronic form;
consolidation and transmission
"4. Election returns - a document in
documents on order that the process
electronic and printed form directly
shall be transparent and credible and
produced by the counting or voting
that the results shall be fast, accurate
machine, showing the date of the
and reflective of the genuine will of
election, the province, municipality
the people.
and the precinct in which it is held
"The State recognizes the mandate and the votes in figures for each
and authority of the Commission to candidate in a precinct in areas
prescribe adoption and use of the where AES is utilized;
223
most suitable technology of

Page
demonstrated capability taking into

"5. Statement of votes - a document city/municipality shall be counted.

containing the votes obtained by Polling places or voting centers may
candidates in each precinct in a also be designated as counting
city/municipality; centers;
"6. City/municipal/district/provincial "10. Continuity plan - a list of

certificate of canvass - a document in contingency measures, and the
electronic and printed form policies for activation of such, that
containing the total votes in figures are put in place to ensure continuous
obtained by each candidate in a operation of the AES;
city/municipality/district/province as
"11. Disabled voters - a person with
the case may be. The electronic
impaired capacity to use the AES;
certificates of canvass shall be the
official canvass result in the "12. Source code - human readable
aforementioned jurisdictions; instructions that define what the
computer equipment will do; and
"7. Paper-based election system - a
type of automated election system "13. Station- refers to a polling place,
that use paper ballots, records and counting center, municipal or
counts votes, tabulates, provincial canvassing center."
consolidates/canvasses and transmits
electronically the results of the vote
count;"
follows:
"8. Direct recording electronic
"SEC 3. Board of Election Inspectors. -
election system - a type or automated
Where AES shall be adopted, at least
election system that uses electronic
one member of the Board of Election
ballots, records, votes by means of a
Inspectors shall be an information
ballot display provided with
technology-capable person, who is
mechanical or electro-optical
trained or certified by the DOST to
component that can be activated by
use the EAS. Such certification shall
the voter, processes data by means
be issued by the DOST, free of
of a computer programs, record
charge."
voting data and ballot images, and
transmits voting results SEC. 4. Section 4 of Republic Act No.
electronically; 8436 is hereby deleted. The
succeeding section are hereby
"9. Counting center - a public places
renumbered accordingly.
within the city/municipality or in such
other places as may be designated by
224

the Commission where the official 8436 is hereby amended to read as
Page
ballots cast in various precincts of the follows:

"SEC. 4 Information Technology cities and two provinces each in

Support for the Board of Canvassers. - Luzon, Visayas and Mindanao, to be
To implement the AES, each board of chosen by the Commission: Provided,
canvassers shall be assisted by an further, That local government units
information technology-capable whose officials have been the subject
person authorized to operate the of administrative charges within
equipment adopted for the elections. sixteen (16) month prior to the May
The Commission shall deputized 14, 2007 election shall not be
information technology personnel chosen: Provided, finally, That no
from among the agencies and area shall be chosen without the
instrumentalities of the government, consent of the Sanggunian of the
including government-owned and local government unit concerned.
controlled corporations. The per The term local government unit as
diem of the deputized personnel shall used in this provision shall refer to a
be the same as that of the members highly urbanized city or province. In
of the board of canvassers." succeeding regular national or local
elections, the AES shall be
implemented nationwide."
follows: SEC. 7. Section 7 of Republic Act No.
8436 is hereby amended to read the
"SEC. 5 Authority to Use an
follows:
Automated Election System. - To carry
out the above-stated policy, the "SEC.6. Minimum System Capabilities.
Commission on Elections, herein - "The automated election system
referred to as the Commission, is must at least have the following
hereby authorized to use an functional capabilities:
automated election system or
(a) Adequate security against
systems in the same election in
unauthorized access:
different provinces, whether paper-
based or a direct recording electronic (b) Accuracy in recording and reading
election system as it may deem of votes as well as in the tabulation,
appropriate and practical for the consolidation/canvassing, electronic
process of voting, counting of votes transmission, and storage of results;
and canvassing/consolidation and
(c) Error recovery in case of non-
transmittal of results of electoral
catastrophic failure of device;
exercises: Provided, that for the
regular national and local election, (d) System integrity which ensures
which shall be held immediately after physical stability and functioning of
225
effectivity of this Act, the AES shall be the vote recording and counting
Page
used in at least two highly urbanized process;

(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:
(g) An election management system "SEC.7 Communication Channels for

for preparing ballots and programs Electronic Transmissions. - all
for use in the casting and counting of electronic transmissions by and
votes and to consolidate, report and among the EAS and its related
display election result in the shortest components shall utilizes secure
time possible; communication channels as
recommended by the Advisory
(h) Accessibility to illiterates and
Council, to ensure authentication and
disable voters;
integrity of transmission."
(i) Vote tabulating program for
SEC. 9. New section 8,9, 10 and 11
election, referendum or plebiscite;
are hereby provided to read as
(j) Accurate ballot counters; follows:
(k) Data retention provision; "SEC.8. The Advisory Council. - The

Commission shall create an advisory
(l) Provide for the safekeeping,
Council, hereafter referred to as the
storing and archiving of physical or
Council, which shall be convened not
paper resource used in the election
later than eighteen (18) months prior
process;
to the next schedule electoral
(m) Utilize or generate official ballots exercise, and deactivated six months
as herein defined; after completion of
canvassing: Provided, for purposes of
(n) Provide the voter a system of
the 2007 elections, the Advisory
verification to find out whether or
Council shall be immediately
not the machine has registered his
convened within ten (10) days after
choice; and
the effectivity of this Act.
(o) Configure access control for
"The Council shall be composed of
sensitive system data and function.
the following members, who must be
"In the procurement of this system, registered Filipino voters, of known
the Commission shall develop and independence, competence and
226
adopt an evaluation system to probity;

ascertain that the above minimum
Page

"(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
candidate for any national position by "The commission on information and

Page
affinity or consanguinity within the communications technology (CICT),

shall include in its annual inadequacies as may surface or

appropriation the funds necessary to resurface in the course of the
enable the council to effectively bidding, acquisition, testing,
perform its functions". operationalization, re-use, storage or
disposition of the AES equipment
"SEC. 9. Function of the Advisory
and/or resources as the case may be.
Council. - the Council shall have the
following functions: 6. Provided advice and/or assistance
in the risk management of the AES
1. Recommend the most appropriate,
especially when a contingency or
secure, applicable and cost-effective
disaster situation arises.
technology to be applied in the AES,
in whole or in part, at that specific 7. Prepare and submit a written
form in time. report, which shall be submitted
within six months from the date of
2. Participate as nonvoting members
the election to the oversight
of the Bids and Awards Committee in
committee, evaluating the use of the
the conduct of the bidding process
AES.
for the AES. Members of the Advisory
Council representing the ICT Nothing in the role of the Council or
Professionals organizations are any outside intervention or influence
hereby excluded from participating in shall be construed as an abdication or
any manner in the Bids and Awards diminution of the Commission's
Committee. authority and responsibility for the
effective development, management
3. Participate as nonvoting members
and implementation of the AES and
of the steering committee tasked
this Act."
with the implementation of the AES,
Members of the Advisory Council The Advisory Council shall be entitled
representing the ICT professional to a just and reasonable amount
organization are hereby excluded of per diem allowances
from participating in any manner in and/or honoraria to cover the
the steering committee. expenses of the services rendered
chargeable against the budget of the
4. Provide advice and assistance in
Commission."
the review of the systems planning,
inception, development, testing, "SEC. 10. The Technical Evaluation
operationalization, and evaluation Committee. - The Commission, in
stages. collaboration with the chairman of
the Advisory Council, shall establish
5. Provided advice and/or assistance
228
an independent technical evaluation

in the identification, assessment and
committee, herein known as the
Page
resolution of systems problems or

Committee, composed of a 4. A certification that the source code

representative each from the is kept in escrow with the Bangko
Commission, the Commission on Sentral ng Pilipinas;
Information and Communications
5. A certification that the source code
Technology and the Department of
reviewed is one and the same as that
Science and Technology who shall act
used by the equipment; and
as chairman of the Committee.
6. The development, provisioning,
"The Committee shall be immediately
and operationalization of a continuity
convened within ten (10) days after
plan to cover risks to the AES at all
the effectively of this Act."
points in the process such that a
"SEC. 11. Functions of the Technical failure of elections, whether at
Evaluation Committee. - The voting, counting or consolidation,
Committee shall certify, through an may be avoided.
established international certification
For purposes of the 2007 elections,
entity to be chosen by the
the certification shall be done not
Commission from the
later than eight weeks prior to the
recommendations of the Advisory
date of the elections.
Council, not later than three months
before the date of the electoral "If the Commission decides to
exercises, categorically stating that proceed with the use of the AES
the AES, including its hardware and without the Committee's
software components, is operating certification, it must submit its reason
properly, securely, and accurately, in in writing, to the Oversight
accordance with the provisions of this Committee, no less than thirty (30)
Act based, among others, on the days prior to the electoral exercise
following documented results: where the AES will be used.
1. The successful conduct of a field "The Committee may avail itself of

testing process followed by a mock the expertise and service of resource
election event in one or more persons who are of known
cities/municipalities; independence, competence and
probity, are no partisan, and who do
2. The successful completion of audit
not possess any of the
on the accuracy, functionally and
disqualification applicable to a
security controls of the AES software;
member of the Advisory Council as
3. The successful completion of a provided herein. The resource
source code review; persons shall also be subject to the
229
same prohibitions and penalties as

the members of the Advisory Council.
Page

"The Committee shall closely value of any alternative use to which

coordinate with the steering such technology, software or
committee of the Commission tasked equipment can be put for public use
with the implementation of the AES shall not be deducted from the
in the identification and agreement original face value of the said bid."
of the project deliverables and
timelines, and in the formulation of
the acceptance criteria for each
follow:
deliverable."
"SEC.13. Continuity Plan. - The AES
shall be so designed to include a
continuity plan in case of a systems
follow:
breakdown or any such eventuality
"SEC.12. Procurement of Equipment which shall result in the delay,
and Materials. - To achieve the obstruction or nonperformance of
purpose of this Act, the Commission the electoral process. Activation of
in authorized to procure, in such continuity and contingency
accordance with existing laws, by measures shall be undertaken in the
purchase, lease, rent or other forms presence of representatives of
of acquisition, supplies, equipment, political parties and citizen's arm of
materials, software, facilities, and the Commission who shall be notified
other service, from local or foreign by the election officer of such
sources free from taxes and import activation.
duties, subject to accounting and
"All political parties and party-lists
auditing rules and regulation. With
shall be furnished copies of said
respect to the May 10, 2010 election
continuity plan at their official
and succeeding electoral exercises,
addresses as submitted to the
the system procured must have
Commission. The list shall be
demonstrated capability and been
published in at least two newspaper
successfully used in a prior electoral
of national of circulation and shall be
exercise here or board. Participation
posted at the website of the
in the 2007 pilot exercise shall not be
Commission at least fifteen (15) days
conclusive of the system's fitness.
prior to the electoral activity
"In determining the amount of any concerned."
bid from a technology, software or
SEC. 12. Section 10 of Republic Act
equipment supplier, the cost to the
No. 8436 is hereby amended to read
government of its deployment and
as follows:
230
implementation shall be added to the

bid price as integral thereto. The
Page

"SEC.14. Examination and Testing of SEC. 13. Section 11 of republic Act

Equipment or Device of the AES and No. 8436 is hereby amended to read
Opening of the Source Code for as follows:
Review. - The Commission shall allow
"SEC.15. Official Ballot. - The
the political parties and candidates or
Commission shall prescribe the
their representatives, citizens' arm or
format of the electronic display
their representatives to examine and
and/or the size and form of the
test.
official ballot, which shall contain the
"The equipment or device to be used titles of the position to be filled
in the voting and counting on the day and/or the proposition to be voted
of the electoral exercise, before upon in an initiative, referendum or
voting start. Test ballots and test plebiscite. Where practicable,
forms shall be provided by the electronic displays must be
Commission. constructed to present the names of
all candidates for the same position
"Immediately after the examination
in the same page or screen,
and testing of the equipment or
otherwise, the electronic displays
device, parties and candidates or
must be constructed to present the
their representatives, citizen's arms
entire ballot to the voter, in a series
or their representatives, may submit
of sequential pages, and to ensure
a written comment to the election
that the voter sees all of the ballot
officer who shall immediately
options on all pages before
transmit it to the Commission for
completing his or her vote and to
appropriate action.
allow the voter to review and change
"The election officer shall keep all ballot choices prior to completing
minutes of the testing, a copy of and casting his or her ballot. Under
which shall be submitted to the each position to be filled, the names
Commission together with the of candidates shall be arranged
minute of voting." alphabetically by surname and
uniformly indicated using the same
"Once an AES technology is selected
type size. The maiden or married
for implementation, the Commission
name shall be listed in the official
shall promptly make the source code
ballot, as preferred by the female
of that technology available and open
candidate. Under each proposition to
to any interested political party or
be vote upon, the choices should be
groups which may conduct their own
uniformly indicated using the same
review thereof."
font and size.
231
"A fixed space where the chairman of

Page
the board of election inspector shall

affix her/her signature to comparable with that of private

authenticate the official ballot shall printers under proper security
be provided. measures which the Commission shall
adopt. The Commission may contact
"For this purpose, the Commission
the services of private printers upon
shall set the deadline for the filing of
certification by the National Printing
certificate of candidacy/petition of
Office/Bangko Sentral ng
registration/manifestation to
Pilipinas that it cannot meet the
participate in the election. Any
printing requirements. Accredited
person who files his certificate of
political parties and deputized
candidacy within this period shall
citizen's arms of the Commission shall
only be considered as a candidate at
assign watchers in the printing,
the start of the campaign period for
storage and distribution of official
which he filed his certificate of
ballots.
candidacy: Provided, That, unlawful
acts or omissions applicable to a "To prevent the use of fake ballots,
candidate shall effect only upon that the Commission through the
start of the aforesaid campaign Committee shall ensure that the
period: Provided, finally, That any necessary safeguards, such as, but
person holding a public appointive not limited to, bar codes, holograms,
office or position, including active color shifting ink, microprinting, are
members of the armed forces, and provided on the ballot.
officers, and employees in
"The official ballots shall be printed
government-owned or-controlled
and distributed to each
corporations, shall be considered ipso
city/municipality at the rate of one
factor resigned from his/her office
ballot for every registered voter with
and must vacate the same at the start
a provision of additional three ballots
of the day of the filing of his/her
per precinct."
certification of candidacy.
SEC. 14. Section 13 of republic Act
"Political parties may hold political
conventions to nominate their official
as follows:
candidate within thirty (30) days
before the start of the period for "SEC. 17. Ballot box. - Where
filing certificate of candidacy. applicable, there shall be in each
precinct on election day a ballot box
"With respect to a paper-based
with such safety features that the
election system, the official ballots
Commission may prescribe and of
shall be printed by the National
such size as to accommodate the
232
Printing Office and/or the Bangko

official ballots."
Sentral ng Pilipinas at the price
Page

SEC. 15. Section 14 of Republic Act copy of the notice to the

No. 8436 is hereby amended to read headquarters or official address of
as follows: the political parties or independent
candidates within the same period.
"SEC. 18. Procedure in voting. - The
The election officer shall post in the
Commission shall prescribe the
Commission website concerned the
manner and procedure of voting,
said notice and publish the notice in
which can be easily understood and
the local newspaper. Where the
followed by the voters, taking into
polling place or voting center is also
consideration, among other things,
the designated counting center, such
the secrecy of the voting."
information shall be contained in the
SEC. 16. Section 15 of Republic Act notice.
"The Commission may not designate
as follows:
as counting center any building or
"SEC. 19. Closing of polls.- The facility located within the premises of
Commission shall prescribe the time, a camp, reservation compound,
manner and procedure of closing the headquarters, detachment, or field
polls and the steps for the correct office of the military, police, prison or
reporting of votes cast and the detention bureau, or any law
proper conduct of counting for areas enforcement or investigation
covered by the AES." agency."
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:
"SEC. 20. Notice of Designation of "SEC. 21. Counting procedure. - The

Counting Centers. - The election Commission shall prescribe the
officer shall post prominently in manner and procedure of counting
his/her office, in the bulletin boards the votes under the automated
at the city/municipal hall and in three system: Provided, that apart from the
other conspicuous places in the electronically stored result, thirty (30)
city/municipality, the notice on the copies of the election return are
designated counting center(s) for at printed."
least three weeks prior to election
day. The notice shall specify the
precincts covered by each counting
as follows:
center and the number of registered
233
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;
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;
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
voluntary agreement among them. If

canvassers;
no such agreement is reached, the
Page
commission shall decide which

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
equitably determined by the
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
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.
13) The twenty-seventh to the 8) The eight copy to be posted

thirtieth copies, to the major citizen's conspicuously on a wall within the
arms, including the accredited premises of the polling place or
citizen's arm, and other non-partisan counting center;
groups or organization enlisted by
9) The ninth to the eighteenth copies,
the Commission pursuant to Section
52(k) of Batas Pambansa Blg. 881.
Such citizens' arm, groups and
organization may use the four
certified copies of election returns for
the conduct of citizens' quick counts
no such agreement is reached, the
at the local or national levels;
Commission shall decide which
"B. In the election of local officials parties shall receive the copies on the
and members of the House of basis of the criteria provided in
Representatives: Section 26 of Republic Act No. 7166;
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
accordance with a voluntary

2) The second copy, to the
agreement among them. If no such
Page
Commission;

agreement is reached, the to the public. Any person may view or

Commission shall decide which capture an image of the election
parties shall receive the copies on the return by means of any data
basis of criteria analogous to that capturing device such as, but not
provided in Section 26 of republic Act limited to cameras at any time of the
No. 7166; day for forty-eight (48) hours
following its posting. After such
11) The twenty-first to the twenty-
period, the chairman of the board of
fifth copies, to national broadcast or
election inspectors shall detach the
print media entities as may be
election return from the wall and
keep the same in his custody to be
produced as may be requested by
the copies to the widest extent
any voter for image or data capturing
possible;
or for any lawful purpose as may be
12) The twenty-sixth and twenty- ordered by competent authority.
seventh copies, to local broadcast or
"Within one hour after the printing of
the election returns, the chairman of
the board of election inspectors or
any official authorized by the
Commission shall, in the presence of
possible; and
watchers and representatives of the
13) The twenty-eighth to the thirtieth accredited citizens' arm, political
copies to the major citizens' arms, parties/candidates, if any,
including the accredited citizens' arm, electronically transmit the precinct
and other non-partisan groups or results to the respective levels of
organization enlisted by the board of canvassers, to the dominant
Commission pursuant to section 52(k) majority and minority party, to the
of Batas Pambansa Blg. 881. Such accredited citizen's arm, and to
citizens' arms, groups and the Kapisanan ng mga Brodcaster ng
organization may use the five Pilipinas (KBP).
"The election results at the
city/municipality canvassing centers
at the local or national levels.
shall be transmitted in the same
"Immediately after the eight copy is manner by the election officer or any
printed, the poll clerk shall announce official authorized by the commission
the posting of said copy on a wall to the district or provincial canvassing
within the premises of the polling centers.
236
place or counting center, which must

Page
be sufficiently lighted and accessible

"The election returns transmitted president, vice-president, senators,

electronically and digitally signed members of the House
shall be considered as official election Representatives and elective city
results and shall be used as the basis officials by consolidating the
for the canvassing of votes and the certificates of canvass electronically
proclamation of a candidate." transmitted or the results contained
in the data storage devices used in
"After the electronic results have
the printing of the election returns.
been transmitted additional copies
Upon completion of the canvass, the
not to exceed thirty (30) may be
board shall procedure the canvass of
printed and given to requesting
votes for president, vice-president,
parties at their own expense."
and senators thereafter, proclaim the
SEC. 20. Section 21 of Republic Act elected members of the House of
No. 8436 is hereby amended to read Representatives and city officials.
as follows:
"In the Metro Manila area, each
"SEC. 25. Canvassing by Provincial, municipality comprising a legislative
City, District and Municipal Boards of district shall have a district board of
Canvassers. - The City or Municipal canvassers which shall canvass the
board of canvassers shall canvass the votes for president, vice-president,
votes for the president, vice- senators, members of the House of
president, senators, and parties, Representatives and elective
organization or coalitions municipal officials by consolidating
participating under the party-list the electronically transmitted results
system by consolidating the or the results contained in the data
electronically transmitted results storage devices used in the printing
contained in the data storage devices of the election returns. Upon
used in the printing of the election completion of the canvass, it shall
returns. Upon completion of the produce the certificate of canvass of
canvass, it shall print the certificate of votes for president, vice-president,
canvass of votes for president, vice- and senators and thereafter,
president, senators and members of proclaim the elected members of the
the House of Representatives and House Representatives and municipal
elective provincial officials and officials.
thereafter, proclaim the elected city
"Each component municipality in a
or municipal officials, as the case may
legislative district in the Metro
be.
Manila area shall have a municipal
"The city board of canvassers of cities board of canvassers which shall
237
comprising one or more legislative canvass the votes for president, vice-
Page
districts shall canvass the votes for president, senators, members of the

house of Representatives and members of the House of

elective municipal officials by Representatives and elective
consolidating the results provincial officials by consolidating
electronically transmitted from the the results electronically transmitted
counting centers or the results from the city/municipal consolidating
contained in the data storage devices centers or the results contained in
used in the printing of the election the data storage devices submitted
returns. Upon completion of the by the board of canvassers of the
canvass, it shall prepare the municipalities and component cities.
certificate of canvass of votes for Upon completion of the canvass, it
president, vice-president, senators, shall produce the certificates of
members of the House of canvass votes for president, vice-
Representatives and thereafter, president and senators and
proclaim the elected municipal thereafter, proclaim the elected
officials. members of the House of
Representatives and the provincial
"The district board of canvassers of
official.
each legislative district comprising
two municipalities in the Metro "The municipal, city, district and
Manila area shall canvass the votes provincial certificates of canvass of
for president, vice-president, votes shall each be supported by a
senators and members of the House statement of votes.
of Representatives by consolidating
"Within one hour after the
the certificates of canvass
canvassing, the Chairman of the
electronically transmitted from the
district or provincial Board of
city/municipal consolidating centers
Canvassers or the city board of
or the results contained in the data
canvassers of those cities which
storage devices submitted by the
comprise one or more legislative
municipal board of canvassers of the
districts shall electronically transmit
component municipalities. Upon
the certificate of canvass to the
completion of the canvass. It shall
commission sitting as the national
produce a certificate of the canvass
board of canvassers for senators and
votes for president, vice-president,
party-list representatives and to the
senators and thereafter, proclaim the
Congress as the National Board of
elected members of the House of
Canvassers for the president and vice
Representatives in the legislative
president, directed to the President
district.
of the Senate.
"The district/provincial board of
238
"The Commission shall adopt

canvassers shall canvass the votes for
adequate and effective measures to
Page
president, vice-president, senators,

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.
"(5) The fifth copy to Congress,
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
system and elective provincial
officials shall be produced by the city
or municipal board of canvassers and
distributed as follows:
"(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

Page

agreement is reached, the "(b) The certificate of canvass of

Commission shall decide which votes for president, vice-president
parties shall receive the copies on the and senators, parties, organization or
basis of criteria analogous to that coalitions participating under the
provided in Section 26 of Republic Act party-list system shall be produced by
No. 7166; the city boards of canvassers of cities
comprising one or more legislative
"(10) The twenty-first to the twenty-
districts, by provincial boards of
fifth copies to national broadcast or
canvassers and by district boards of
canvassers in the Metro Manila area,
and other highly urbanized areas and
distributed as follows:
possible; "(1) The first copy shall be sent to
congress , directed to the president
"(11) The twenty-six and twenty-
of the Senate for use in the canvass
seven copies, to local broadcast or
of election results for president and
vice-president;
Commission in view of propagating "(2) The second copy shall be sent to
the copies to the widest extent the Commission for use in the
possible; and canvass of the election results for
senators;
"(12) The twenty-eighth to the
thirtieth copies, to the major citizens' "(3) The third copy shall be kept the
arms, including the accredited chairman of the board; and
citizens' arm, and other non-partisan
"(4) The fourth copy shall be given to
groups or organizations enlisted by
the citizens' arm designated by the
the commission pursuant to Section
Commission to conduct an unofficial
count. It shall be the duty of the
Such citizens' arms, groups and
citizens' arm to furnish independent
organization may use the three
candidates copies of the certificate of
canvass at the expense of the
requesting party.
at the local or national levels;
"(5) The fifth copy to Congress,
"The board of canvassers shall furnish
directed to the President of the
all other registered parties copies of
Senate;
the certificate of canvass at the
expense of the requesting party. "(6) The six copy to be posted on a
240
wall within the premises of the

Page
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
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

"SEC. 27. National Board of the due execution thereof in the

Canvassers for Senators and Party- manner provided by law, canvass all
List Representatives. - The chairman the results for president and vice-
and members of the Commission on president and thereafter, proclaim
Election sitting en banc, shall the winning candidates."
compose the national board of
SEC. 24. A new Section 29 is hereby
canvassers for senators and party-list
provided to reads as follows:
representatives. It shall canvass the
results by consolidating the "SEC 29. Random Manual Audit. -
certificates of canvass electronically Where the AES is used, there shall be
transmitted. Thereafter, the national a random manual audit in one
board shall proclaim the winning precinct per congressional district
candidates for senators and party-list randomly chosen by the Commission
representatives." in each province and city. Any
difference between the automated
and manual count will result in the
determination of root cause and
as follows:
initiate a manual count for those
"SEC. 28. Congress as the National precincts affected by the computer or
Board of Canvassers for President and procedural error."
Vice-President. - The Senate and the
SEC. 25. A new Section 30 is hereby
House of Representatives in joint
provided to read as follows:
public session shall compose the
national board of canvassers for "Sec. 30. Authentication of
president and vice-president. The Electronically Transmitted Election
certificate of canvass for president Results. - The manner of determining
and vice-president duly certified by the authenticity and due execution of
the board of canvassers of each the certificates shall conform with
province or city, shall be the provisions of Republic Act No.
electronically transmitted to the 7166 as may be supplement or
Congress, directed to the president of modified by the provision of this Act,
the Senate. Upon receipt of the where applicable, by appropriate
certificates of canvass, the President authentication and certification
of the Senate shall, not later than procedures for electronic signatures
thirty (30) days after the day of the as provided in Republic Act No. 8792
election, open all the certificates in as well as the rules promulgated by
the presence of the Senate and the the Supreme Court pursuant
House of representatives in joint thereto."
242
public session and the Congress upon

Page
determination of the authenticity and

SEC. 26. Section 25 of Republic Act 6. Political parties and candidates;

No. 8436 is hereby amended to reads
7. Members of the military and
as follows:
police.
"SEC. 31. Stakeholder education and
"The general public or voters training
training. - The Commission shall, not
will focus on building the capability to
later than six months before the
use the automated system to cast
actual automated election exercise,
their vote, as well as general
undertake a widespread stakeholder
appreciation of the AES. All other
education and training program,
stakeholders mentioned above will
through newspaper of general
receive additional information in
circulation, radio, television and
order to build a deeper
other media forms, as well as through
understanding of the voting,
seminars, symposia, fora and other
counting, canvassing procedures, so
nontraditional means, to educate the
that they may act as advocates of he
public and fully inform the electorate
AES.
about the AES and inculcate values
on honest, peaceful, orderly and "The Commission together with and
informed elections. in support of accredited citizens'
arms shall carry out a continuing and
"Such program shall ensure the
systematic campaign through
acceptance and readiness of the
newspaper of general circulation,
following stakeholders to understand
radio and other media forms, as well
and appreciate the benefits of the
as through seminars, symposia, fora
AES:
and other nontraditional means to
1. General public/voters; educate the public and fully inform
the electorate about the AES and
2. Commission's staff;
inculcate values on honest, peaceful
3. Department of Education, and orderly election."
Department of Finance (municipal,
city and provincial treasurers) and all
other government agencies who will
as follows:
play a role in the electoral exercise;
SEC. 33. Joint Congressional Oversight
4. Local government officials
Committee. - An Oversight
(provincial, municipal, barangay
Committee is hereby created
levels);
composed of seven members each
5. Incumbent elected officials in the from the Senate and the House of
243
legislative and executive Representatives, four of whom shall

departments; come from the majority and three
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
2. An evaluation of their accuracy d) The testing or adoption of new

through a comparison of a random technologies which may have
sample of the AES election results emerged after the 2007 elections is
with a manual tabulation, and the needed."
conduct of similar tests;
3. As to the scope of AES No. 8436 is hereby amended to read
implementation in the subsequent as follows:
elections, provide for
"SEC. 35. Prohibited Acts and
recommendations as to whether any
Penalties. - The following shall be
of the following should be adopted:
penalized as provided in this Act,
244
"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

"(a) Utilizing without authorization, minority parties or the citizens'' arm

tampering with, damaging, their copy of election returns; and
destroying or stealing:
"(g) The failure to post the voters' list
"(1) Official ballots, election returns, within the specified time, duration
and certificates of canvass of votes and in the designated location shall
used in the system; and constitute an election offense on the
part the election officer concerned."
"(2) Electronic devices or their
components, peripherals or supplies "Any person convicted for violation of
used in the AES such as counting this Act, except those convicted of
machine, memory pack/diskette, the crime of electoral sabotage, shall
memory pack receiver and computer be penalized with imprisonment of
set; eight years and one day to twelve
(12) years without possibility of
"(b) Interfering with, impeding,
parole, and perpetual disqualification
absconding for purpose of gain,
to hold public office and deprivation
preventing the installation or use of
of the right of suffrage. Moreover,
computer counting devices and the
the offender shall be perpetually
processing, storage, generation and
disqualified to hold any non-elective
transmission of election results, data
public office."
or information;
"(c) Gaining or causing access to
using, altering, destroying or
as follows:
disclosing any computer data,
program, system software, network, "SEC. 36. Applicability. - The provision
or any computer-related devices, of Batas Pambansa Blg. 881, as
facilities, hardware or equipment, amended, otherwise known as the
whether classified or declassified; 'Omnibus Election Code of the
Philippines', and other election laws
"(d) Refusal of the citizens' arm to
not inconsistent with this Act shall
present for perusal its copy of
apply."
election return to the board of
canvassers; SEC. 30. Section 31 of Republic Act
"(e) Presentation by the citizens' arm
as follows:
of tampered or spurious election
returns; "SEC. 37. Rules and Regulations. - The
Commission shall promulgate rules
"(f) Refusal or failure to provide the
and regulation for the
245
dominant majority and dominant

implementation and enforcement of
Page
this Act.

"Notwithstanding the foregoing "The chairman shall first read the

canvassing procedure, the votes for national positions.
Commission is authorized to
"Any violation of this Section, or its
prescribe other manner or procedure
pertinent portion, shall constitute an
for the canvassing and consolidation
election offense and shall be
of votes as technology evolves,
penalized in accordance with Batas
subject to the provisions of Section 7
Pambansa Blg. 881.
hereof on the minimum capabilities
of the AES and other pertinent laws." Sec. 32. Section 212 of Batas
Pambansa Blg. 881 as amended, is
hereby to read as follows:
as follows: "SEC. 212. Election Returns. - The
"Sec 25. Manner of Counting Votes. -
prepare the election returns
In addition to the requirement in the
simultaneously with the counting of
fourth paragraph of Section 12 of the
votes in the polling places as
Republic Act No. 6646 and Section
prescribe in Section 210 hereof. The
210 of the Omnibus Election Code, in
recording of vote shall be made as
reading the official ballots during the
prescribed in said section. The entry
counting, the chairman, the poll clerk
of votes in words and figures for each
and the third member shall assume
candidate shall be closed with the
such positions as to provide the
signature and the clear imprint of the
watchers and the members of the
thumbmark of the right hand of all
public as may be conveniently
the members, likewise to be affixed
accommodated in the polling place,
in full view of the public, immediately
an unimpeded view of the ballot
after the last vote recorded or
being ready by the chairman, of the
immediately after the name of the
election return and the tally board
candidate who did not receive any
being simultaneously accomplished
vote."
by the, poll clerk and the third
member respectively, without "The returns shall also show the date
touching any of these election of the election, the polling place, the
documents. The table shall be cleared barangay and the city or municipality
of all unnecessary writing in which it was held, the total number
paraphernalia. Any violation of this of ballots found in the compartment
requirement shall constitute an for valid ballots, the total number of
election offense punishable under valid ballots withdrawn from the
Section 263 and 264 the Omnibus compartment for spoiled ballots
246
Election Code. because they were erroneously

Page
placed therein, the total number of

excess ballots, the total number of premises of the polling place or

marked or void ballots, and the total counting center, directly print thirty
numbers of votes obtained by each (30) copies of the election return.
candidate, writing out the said Once the prints have been produced,
number in words and figures and, at the poll clerk shall call the other
the end thereof, the board of election members of the board to
inspectors shall certify that the authenticate each print copy by
contents are correct. The returns closely comparing the same with the
shall be accomplished in a single election return posted on the wall in
sheet of paper, but if this is not the presence of the watchers and
possible, additional sheets may be within view of the public. If the Board
used which shall be prepared in the finds each print a faithful
same manner as the first sheet and reproduction of the election return,
likewise certified by the board of all members thereof shall annotate
election inspectors." and sign a certification to that effect
on the bottom front of the print.
"The commission shall take steps so
that the entries on the first copy of "Each certified printed copy shall be
the election returns are clearly placed in an envelope and distributed
reproduced on the second, third, as herein provided. Designated
fourth, fifth, sixth copies thereof, and recipients of the certified print copies
for the purpose this Commission shall may receive their copies at the
use a special kind of paper." polling place or counting center.
"Immediately upon the "Immediately upon the

accomplishment of the election accomplishment of the election
return for national position, the poll returns for local position, the second
clerk shall announce the posting of copy of the same shall be posted on a
the second copy of the election wall with sufficient lighting within the
return on a wall with sufficient premises of the polling place.
lighting within the premises of the
"The other copies of election returns
polling place or counting center. He
for both national and local position
shall then proceed to do the same in
shall be sealed in the presence of the
the presence of the other members
watchers and the public, and placed
of the Board, the watchers and those
in the proper envelope, which shall
present in the polling place or
likewise be sealed and distributed as
counting center. Without delay and,
herein provided."
when feasible, he shall secure an
image of the election return using a "Any election return with a
247
secured data capturing device and separately printed serial number or

Page
immediately thereafter, while in the which bears a different serial number

from that assigned to the particular whether within or after the

polling place concerned shall not be prescribed forty-eight (48) hours of
canvassed. This is to be determined posting, or defaces the same in any
by the board canvassers prior to its manner;
canvassing on the basis of the
"(b) Any person who simulates an
certification of the provincial, city or
actual election return, or a print or
municipal treasurer as to the serial
digital copy thereof;
number of the election return
assigned to said voting precinct, "(c) Any person who simulates the
unless the Commission shall order in certification in a print of an election
writing for its canvassing, stating the return;
reason for the variance in serial
"(d) The chairman or any member of
numbers."
the board of election inspectors who,
"If the signatures and/or thumbmarks during the prescribe period of
of the members of the board of posting, removes the election return
election inspectors or some of them from the wall on which it had been
as required in this provision are posted other than for the purpose of
missing in the election returns, the immediately transferring it to a more
board of canvassers may summon the suitable place;
"(e) The chairman or any member of
inspectors concerned to complete
the board of election inspectors who
the returns.
signs or authenticates a print of the
"The citizen's arm is mandated to election return outside of the polling
present for perusal its copy of the place; and
election return to the board of
"(f) The chairman or any member of
election canvassers upon the request
the board of election inspectors who
of any interested candidate.
signs or authenticates a print which
"Any violation of this election or its bears an image different from the
pertinent portion, shall constitute an election return produced after
election offense and shall be counting and posted on the wall."
Pambansa Blg. 881
No. 7166, as amended by Republic
"In addition, the following shall Act No. 8045 and Republic Act No.
likewise be guilty of an election 8173 is hereby further amended to
offense: read as follows:
248
"(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

board of election inspectors shall conduct an unofficial count: Provided,

prepare in handwriting the election however, That the accreditation of
returns in their respective polling the citizens' arm shall be subject to
place, in the number of copies herein the provision of Section 52(k) of
provided and in the form to be Batas Pambansa Bldg. 881; and
prescribed and provided by the
"(8) The eight copy shall be deposited
Commission.
inside the compartment of the ballot
"The copies of election returns shall box for valid ballots; and
be distributed by the chairman of the
"(b) In the election of local officials;
board of election inspectors as
follows: "(1) The First copy shall be delivered
to the city or municipal board of
"(a) In the election of president, vice-
canvassers;
president, senators and members of
the House of Representatives "(2) The second copy to be posted on
including the party-list a wall within the premises of the
representatives: polling place;
"(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;
"(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
249
"(8) The eighth copy shall be

"(7) The seventh copy, to a citizens'
deposited inside the compartment of
authorized by the Commission to
Page
the ballot box for valid votes.

"The copy of the election return positions shall be distributed as

posted on the wall shall be open for follows:
public viewing at any time of the day
"(a) The first fourteen (14) copies
for forty-eight (48) hours following its
shall be given to the fourteen (14)
posting. Any person may view or
accredited major national parties in
capture an image of the election
return by means of any data
capturing device such as, but not
agreement is reached, the
limited to, cameras at any time of the
Commission shall decide which
day for forty-eight (48) hours
parties shall receive the copies on the
following its posting. After the
prescribed period for posting, the
Section 26 hereof;
chairman of the board of election
inspectors shall collect the posted "(b) The next three copies shall be
election returns and keep the same in given to the three accredited major
his custody to be produced for image local parties in accordance with a
or data capturing as may be voluntary agreement among them. If
requested by any voter or any lawful no such agreement is reached, the
purpose as may be ordered by Commission shall decide which
competent authority. parties shall receive the copies on the
basis of criteria analogous to that
"Except for those copies that are
provided in Section 26 Hereof;
required to be delivered, copies of
election returns may be claimed at "(c) The next five copies shall be
the polling place. Any unclaimed copy given to national broadcast or print
shall be brought by the chairman of media entities as may be equitably
the board of election inspectors to determined by the Commission in
the canvassing center where the view of propagating the copies to the
recipients or their representatives widest extent possible;
may claim them. Copies still
"(d) The next two copies shall be
unclaimed at the canvassing center
given to local broadcast or print
shall be deemed placed in the
media entities as may be equitably
custody of the chairman of the board
determined by the Commission in
of election inspectors, who shall
view of propagating the copies to the
produce them when requested by the
widest extent possible;
recipient or when ordered by a
competent authority. "(e) The next four copies to the major
citizens' arms, including the
"The Thirty (30) certified print copies
250
accredited citizens' arms and other

of the election return for national
non-partisan groups or organizations
Page

enlisted by the Commission pursuant election offense and shall be

to Section 52(k) of Batas Pambansa penalized in accordance with Batas
Blg. 881; Pambansa Blg. 881;
"(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
"Any violation of this section, or its

Page
pertinent portion, shall constitute an

"(a) The established record of the paraphernalia shall be within close

said parties, coalition of groups that view of the watchers and the public.
now composed them, taking into
"The board of election inspectors
account, among other things, their
shall not adjourn or postpone or
showing in past election;
delay the count until it has been fully
"(b) The number of incumbent completed, unless otherwise ordered
elective officials belonging to them by the Commission.
ninety (90) days before the date of
"The Commission, in the interest of
election;
free, orderly, and honest election,
"c) Their identifiable political may authorize the board of election
organizations and strengths as inspectors to count the votes and to
evidenced by their accomplish the election return and
organized/chapters; other forms prescribed under the
code in any other place within a
"(d) The ability to fill a complete slate
public building in the same
of candidates from the municipal
municipality or city on account of
level to the position of President; and
imminent danger of widespread
"(e) Other analogous circumstances violence or similar causes of
that may determine their relative comparable magnitude: Provided,
organizations and strengths." That the transfer shall been
recommended in writing by the
Sec. 35. Section. 206 of Batas
board of election inspectors by
Pambansa Blg. 881 is hereby
unanimous vote and endorsed in
amended to read as follows:
writing by the majority of watchers
"SEC. 206 Counting to be Public and present: Provided, further, that the
without Interruption. - As soon as the said public building shall not located
voting is finished, the board of within the perimeter of or inside a
election inspectors shall publicly military or police camp, reservation,
count in the polling place the votes headquarters, detachment or field
cast and ascertain the results. The office nor within the premises of a
board may rearrange the physical set prison or detention bureau or any
up of the polling place for the law enforcement or investigation
counting or perform any other agency.
activity with respect to the transition
"Any violation of this section, or its
from voting counting. However, it
pertinent portion, shall constitute
may do so only in the presence of the
and election offense and shall be
watchers and within close view of the
252

public. At all times, the ballot boxes
Pambansa Blg. 881."
Page
and all election documents and

SEC.36. Section 18 of Republic Act candidate in words and figures in the

No. 6646 is hereby repealed. certificate; and (4) there exist no
discrepancy in the votes of any
SEC.37. Section 30 of Republic Act
candidate in words and figures in the
certificates of canvass againts the
as follows"
aggregate number of votes appearing
"SEC. 30. Congress as the National in the election returns of precincts
Board of Canvassers for the Election covered by the certificate of
of President and Vice President: The canvass: Provided, That certified print
Commission en banc as the National copies of election returns or
Board of Canvassers for the election certificates of canvass may be used
of senators: Determination of for the purpose of verifying the
Authenticity and Due Execution of existence of the discrepancy.
Certificates of Canvass.- Congress and
"When the certificate of canvass, duly
the Commission en banc shall
certified by the board of canvass of
determine the authenticity and due
each province, city of district, appears
execution of the certificate of canvas
to be incomplete, the Senate
for president and vice - president and
President or the Chairman of the
senators, respectively, as
Commission, as the case may be,
accomplished and transmitted to it
shall require the board of canvassers
by the local boards of canvassers, on
concerned to transmit by personal
a showing that: (1) each certificate of
delivery, the election returns form
canvass was executed, signed and
polling places that were not included
thumbmarked by the chairman and
in the certificate of canvass and
member of the board of canvassers
supporting statements. Said election
and transmitted or caused to be
returns shall be submitted by
transmitted to Congress by them; (2)
personal delivery within two (2) days
each certificate of canvass contains
from receipt of notice.
the names of all of the candidates for
president and vice - president or "When it appears that any
senator, as the case may be, and their certification of canvass or supporting
corresponding votes in words and statement of each province, city of
their corresponding votes in words district, appears to be incomplete,
and in figures; (3) there exits no the Senate President or the Chairman
discrepancy in other authentic copies of the Commission, as the case may
of the document such as statement be, shall require the board of
of votes of any of its supporting canvassers concerned to transmit by
document such as statement of votes personal delivery, the election
253
by city/municipality/by precinct or returns from polling places that were

Page
discrepancy in the votes of any not included in the certificate of

canvass and supporting statements. SEC.38. Section 15 of Republic Act

Said election returns shall be No.7166 is hereby amended to read
submitted by personal delivery within as follows:
two (2) days from receipt of notice.
"SEC.15. Pre - proclamation Cases in
"When it appears that any certificate Elections for President, Vice-
of canvass or supporting statement of President, Senator, and Member of
votes by city/municipality or by the House of Representatives. - For
precinct bears erasures or alteration purpose of the elections for
which may cast doubt as to the president, vice - president, senator,
veracity of the number of votes and member of the House of
stated herein and may affect the Representatives, no pre-proclamation
result of the election, upon requested cases shall be allowed on matters
of the presidential, vice - presidential relating to the preparation,
or senatorial candidate concerned or transmission, receipt, custody and
his party, Congress or the appreciation of election returns or
Commission en banc, as the case may the certificates of canvass, as the
be shall , for the sole purpose of case may be, expect as provided for
verifying the actual the votes as they in Section 30 hereof. However, this
appear in the copies if the election does not preclude the authority of
returns submitted to it. the appropriate canvassing body
motu propio or upon written
"In case of any discrepancy,
complaint of an interested person to
incompleteness, erasure or alteration
correct manifest errors in the
as mentioned above, the procedure
certificate of canvass or election
on pre-proclamation controversies
before it.
shall be adopted and applied as
provided in Section 17,18,19 and 20. "Question affecting the composition
or proceedings of the board of
"Any person who present in evidence
canvassers may be initiated in the
a simulated copy of an election
board or directly with the
return, certificate of canvass or
Commission in accordance with
statement of votes, or a printed copy
Section 19 hereof.
of an election return, certificate of
canvass or statement of votes "Any objection on the election return
bearing a simulated certification or a before the city or municipal board of
simulated image, shall be guilty of an canvassers, or the municipal
election offense shall be penalized in certificates of canvass before the
accordance with Batas Pambansa Blg. provincial board of canvassers or
254
881." district board of canvassers in Metro

Manila Area, shall specifically notice
Page

in the minutes of their respective election for national positions in the

proceeding." city, and thereafter, proclaim the
elected members of the House of the
Representatives and city officials.
No. 7166 is hereby amended as
follows: "c) (1) In the Metro Manila Area such
municipality comprising a legislative
"SEC. 28. Canvassing by Provincial
district shall have district board of
City, District, and Municipal Board of
canvass the election return for
Canvassers. - a) The City or municipal
President, Vice-Presidents, Senator,
of board of canvassers shall canvass
Members for the House of
the election return of President, Vice
Representatives and elective
president, Senator and Members of
municipal officials: Provided, That the
the House of Representatives and for
return for national positions shall be
elective provincial and city or
prepare the certificate of canvass for
president, vice-presidents, senators,
returns for national positions shall be
announce the results of the election
canvassed first Upon completion of
for national position in the
the canvass, it shall prepare the
municipality, and thereafter, proclaim
certificate of canvass for of
the elected member of the House of
Representatives and elective
the Representatives and city officials.
provincial officials, announce the
results of the election for national "(2) Each component municipality in
positions in the city or municipality, a legislative district in the Metro
and thereafter, proclaims the elected Manila Area shall have a municipal
city or municipal officials, as the case board of canvassers which shall
may be. canvass the election returns for
president, vice-president, senator,
"b) The city board of canvassers of
members of the House of
cities comprising one or more
representatives and elective
legislative district shall canvass the
election returns for president, vice-
returns for national positions shall be
president, senator, members of the
canvassed first. Upon completion of
House of Representatives and
the canvass, it shall prepare the
elective city officials: Provided, That
certificate of canvass for presidents,
the returns for positions shall be
vice-presidents, senators, and
canvassed first. Upon completion of
members of the House of the
the canvass, the board shall prepare
Representatives, announce the
the certificate of canvass, of
results of the election for national
255
president, vice-president, and

position in the municipality, and
senator, announce the results of the
Page

thereafter, proclaim the elected for national position in the province,

municipal officials. proclaim the elected member of the
House of Representatives and
"(3) The district board of canvassers
provincial officials as well as the
of each legislative district comprising
plebiscite results, if any.
two municipalities in Metro Manila
area shall canvass the certificate of "In conducting the canvass of election
canvass the for President, Vice- return of certificates of canvass, as
Presidents, Senator and Members of the case may be, the board of
the House of representatives canvassers in a municipality, city,
submitted by the municipal board of district or province shall project each
canvassers of the Component election return or certificate of
municipalities. Upon completion of canvass on a wall from which its
the canvass, it shall prepare a contents shall be read in order that
certificate of canvass for president, those present in the canvassing
vice-president, and senator, canter may follow the progress of the
announce the results of the election canvassing process from beginning to
for national positions in the district, end. The Commission may utilize the
and thereafter, proclaim the elected appropriate projection equipment for
member of the House of the this purpose.
Representatives in the legislative
"Immediately after the certificate of
district.
canvass for national positions is
"(d) The provincial board of accomplished, the chairman of the
canvassers shall canvass the Board of Canvassers shall announce
certificate of canvass for president, the posting of the second copy
vice president, senators and thereof and its supporting statement
members of the House of of votes on a wall with sufficient
Representatives and elective lighting within the premises of the
provincial officials as well as canvassing center. He shall then
plebiscite results, if any plebiscite is proceed to do the same in the
conducted simultaneously with the present in the canvassing center.
same election, as submitted by the Without delay and when feasible, he
board of canvassers of municipalities shall capture images of the certificate
and component cities: Provided, That of canvass and supporting statements
the returns for national position shall of votes using a secured data
be canvassed first. Upon completion capturing device and thereafter,
of the canvass, it shall prepare the while in the premises of the
certificate of canvass for president, canvassing center, immediately print
256
vice-president, and senator, the data so captured in thirty (30)

Page
announce the results of the election copies. The board of canvassers shall

then authenticates each printed "Any violation of this section, or its

copy, in the presence of watchers pertinent portion, shall constitute an
and within public view, by closely election offence and shall be
comparing the same with the penalized in accordance with Batas
certificate of canvass or statement of Pambansa Blg. 881.
votes, as the case may be, posted on
"In addition, the following shall
of the wall. If the board finds each
likewise be guilty of an election
printed copy a faithful reproduction
offence:
of the certificate of canvass or
statement of votes, all members "(a) Any person who remove the
thereof shall annotate and sign a certificate of canvass posted on the
certification to that effect on the wall, whether within or after the
bottom front of the printed copy. prescribed forty-eight (48) hours of
posting, or defaces the same in any
"Each certified printed copy shall be
manner;
placed in an envelope and distributed
as herein provided. Designated "(b) Any person who simulates an
recipient of the certified printed actual certificates of canvass or
copies may receive their copies at the statement of votes, or a print or
canvassing center. digital copy thereof;
"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
announce the result thereof to the

outside of the polling place: and
public.
Page

"(f) The chairman or any member of Commission to conduct a media-

the board of canvassers who sign or based unofficial count, and the sixth
authenticates a print which bears an and seventh copies shall be given to
image different from the certificate the citizen's arm designated by the
of canvass or statement of votes Commission to conduct a media -
produced after counting and posted based unofficial count , and the sixth
on the wall." and seventh copies shall be given to
the representatives of two of the six
major political parties in accordance
with the voluntary agreement of the
as follows:
parties. If no such agreement is
"SEC.29. Number of Copies of reached, the commission shall decide
Certificate of Canvass and their which parties shall receive the copies
Distribution. - a) the certificate of of the certificate of the canvass on
canvass for president, vice-president, the basis of the criteria provided in
senator and member of the house of Section 26 hereof. The parties
Representatives and elective receiving the certificate shall have
provincial official shall be prepared in obligation to furnish the other parties
seven copies by the city or municipal with authentic copies thereof with
board of canvassers and distributed the at least possible delay.
as follows:
"b) The certificates of canvass for
"(1) The first copy shall be delivered president, vice president, senators
to the provincial board of canvassers shall be prepared in seven (7) copies
for use in the canvass election results by the city boards of canvassers of
for president, vice- president, senator cities comprising one or more
and member of the House of legislative districts, by provincial
representatives and elective boards of canvassers in the Metro
provincial officials: Manila Area, and distributed as
follows:
"(2) The second copy shall be sent to
the Commission; "(1) The first copy shall be sent to the
Congress directed to the President of
"(3) The third copy shall be posted on
the Senate for use in the canvass of
a wall within the premises of the
election results for president and
canvassing center
vice-president;
"(4) The fourth copy shall be kept by
"(2) The second copy shall be sent to
the chairman of the Board: and
the Commission for use in the
258
"(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
"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
ordered competent authority.

determined by the commission in
Page

view of propagating the copies to the penalized in accordance with Batas

widest extent possible; Pambansa Blg. 881."
"(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
pertinent portion, shall constitute an member of the board who refuses

Page
election offense and shall be after proper verification and hearing

,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
increase and/or decrease of votes

under this Code, and prosecute the
committed or the refusal to credit the
Page
same"

SEC. 44. Appropriations. - To carry provisions of this Act are hereby

out the provisions of this Act, the repealed or modified accordingly.
amount necessary for the automated
SEC. 47. Effectivity. - This Act Shall
system shall be charged against the
take effect fifteen (15) days after its
Two billion six hundred million pesos
publication in a newspaper of general
(2,600,000,000.00) modernization
circulation.
fund in the current year's
appropriations of the commission. Approved,
Further, the amount necessary to
carry out the manual system, at a
maximum of Three billion pesos
(3,000,000,000) shall be charged
against the current year's
appropriation of the commission.
Thereafter, such sums as may be

necessary for the continuous
implementation of this Act or any
part thereof, or the application such
be included in the annual General
Appropriations Act.
If the said funds shall not be fully

utilized the same shall continue to be
appropriated for the electoral
modernization as set forth in this Act
and shall not revert to the General
Fund.
SEC. 45. Separability Clause. - If, for

any reason, any section or provision
of this Act or any part thereof , or the
application of such section, provision
or portion is declared invalid or
unconstitutional, the remainder
thereof shall not be affected by such
declaration.
SEC. 46. Repealing Clause. - All laws,

presidential decrees, executive
262
orders, rules and regulations or part

Page
thereof inconsistent with the

263
Page

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OMNIBUS ELECTION CODE – BP 881

NOTRE DAME UNIVERSITY HANNIEF A AMPATUAN 2018

the campaign period shall be forty-

Section 3. Election and campaign The campaign periods are hereby

1. Presidential and Vice-Presidential However, in the preparation of the

NOTRE DAME UNIVERSITY HANNIEF A AMPATUAN 2018

every citizen qualified to vote to cause for such postponement or

thirty days after the cessation of the

NOTRE DAME UNIVERSITY HANNIEF A AMPATUAN 2018

term, the Commission shall call analogous causes the election in

NOTRE DAME UNIVERSITY HANNIEF A AMPATUAN 2018

any precinct has not been held on period is deemed necessary by

special delivery mail. Telegrams of

Opposition. - Unless a shorter

NOTRE DAME UNIVERSITY HANNIEF A AMPATUAN 2018

transmitted free of charge by immediately be released to the

which, upon request, shall

NOTRE DAME UNIVERSITY HANNIEF A AMPATUAN 2018

within the same period he again ALSO RULE 25 OF COMELEC

however, if the evidence of guilt is

NOTRE DAME UNIVERSITY HANNIEF A AMPATUAN 2018

strong, his proclamation shall be No Vice-President shall serve for

Section 4. The President and the Section 14 Special election for

earlier than forty-five days nor later

NOTRE DAME UNIVERSITY HANNIEF A AMPATUAN 2018

third reading by the Congress. interested parties. Upon the

NOTRE DAME UNIVERSITY HANNIEF A AMPATUAN 2018

The provincial, city and district SECTION 15 HAS BEEN AMENDED BY

legislative districts shall

canvass the election returns

NOTRE DAME UNIVERSITY HANNIEF A AMPATUAN 2018

for President, Vice- officials. Upon

of Representatives and for President, Vice-

elective municipal President, Senators and

NOTRE DAME UNIVERSITY HANNIEF A AMPATUAN 2018

Members of the House of Congress shall determine the

Certificates of Canvass. - affect the result of the election,

NOTRE DAME UNIVERSITY HANNIEF A AMPATUAN 2018

upon request of the Presidential or names of all of the candidates for

Section 17 Correction of errors in When the certificate of canvass,

Congress by them; (2) each their contents. - Until after the

NOTRE DAME UNIVERSITY HANNIEF A AMPATUAN 2018

Pambansa of the canvassing of the certificate of canvass or supporting

Congress by them; (2) each

names of all of the candidates for

NOTRE DAME UNIVERSITY HANNIEF A AMPATUAN 2018

President and Vice-President and highest number of votes for President

canvass of the votes by the Batasang Pambansa.

NOTRE DAME UNIVERSITY HANNIEF A AMPATUAN 2018

Proclamation shall be made only Members of the House of

provided by law, the regular term, the Commission shall call

and hold a special election to fill

NOTRE DAME UNIVERSITY HANNIEF A AMPATUAN 2018

the vacancy not earlier than sixty Section 5.

x x x made, the Members of the Batasang

Pambansa shall be apportioned in

NOTRE DAME UNIVERSITY HANNIEF A AMPATUAN 2018

accordance with the Ordinance Cabanatuan, Palayan and San Jose, 4;

Nueva Ecija with the cities of

NOTRE DAME UNIVERSITY HANNIEF A AMPATUAN 2018

Bohol with Tagbilaran City, 3; Surigao del Sur, 1;

Region VIII: Region XII:

Leyte with the cities of Ormoc and Lanao del Norte, 1;

Region IX: Any province that may hereafter be