BATAS PAMBANSA BILANG 881 afforded equal opportunity to be heard, shall postpone

OMNIBUS ELECTION CODE OF THE the election therein to a date which should be
PHILIPPINES reasonably close to the date of the election not held,
December 3, 1985 suspended or which resulted in a failure to elect but
not later than thirty days after the cessation of the
ARTICLE I. cause for such postponement or suspension of the
election or failure to elect.
GENERAL PROVISIONS
Sec. 6. Failure of election. - If, on account of force
majeure, violence, terrorism, fraud, or other analogous
Sec. 1. Title. - This Act shall be known and cited as causes the election in any polling place has not been
the "Omnibus Election Code of the Philippines." held on the date fixed, or had been suspended before
the hour fixed by law for the closing of the voting, or
Sec. 2. Applicability. - This Code shall govern all after the voting and during the preparation and the
election of public officers and, to the extent transmission of the election returns or in the custody
appropriate, all referenda and plebiscites. or canvass thereof, such election results in a failure to
Sec. 3. Election and campaign periods. - Unless elect, and in any of such cases the failure or suspension
otherwise fixed in special cases by the Commission on of election would affect the result of the election, the
Elections, which hereinafter shall be referred to as the Commission shall, on the basis of a verified petition
Commission, the election period shall commence by any interested party and after due notice and
ninety days before the day of the election and shall end hearing, call for the holding or continuation of the
thirty days thereafter. election not held, suspended or which resulted in a
failure to elect on a date reasonably close to the date
The period of campaign shall be as follows:
of the election not held, suspended or which resulted
1. Presidential and Vice-Presidential Election - 90 in a failure to elect but not later than thirty days after
days; the cessation of the cause of such postponement or
suspension of the election or failure to elect.
2. Election of Members of the Batasang Pambansa and
Local Election - 45 days; and Sec. 7. Call of special election. - (1) In case a vacancy
arises in the Batasang Pambansa eighteen months or
3. Barangay Election - 15 days.
more before a regular election, the Commission shall
The campaign periods shall not include the day before call a special election to be held within sixty days after
and the day of the election. the vacancy occurs to elect the Member to serve the
However, in case of special elections under Article unexpired term.
VIII, Section 5, Subsection (2) of the Constitution, the (2) In case of the dissolution of the Batasang
campaign period shall be forty-five days. Pambansa, the President shall call an election which
Sec. 4. Obligation to register and vote. - It shall be the shall not be held earlier than forty-five nor later than
obligation of every citizen qualified to vote to register sixty days from the date of such dissolution.
and cast his vote. The Commission shall send sufficient copies of its
Sec. 5. Postponement of election. - When for any resolution for the holding of the election to its
serious cause such as violence, terrorism, loss or provincial election supervisors and election registrars
destruction of election paraphernalia or records, force for dissemination, who shall post copies thereof in at
majeure, and other analogous causes of such a nature least three conspicuous places preferably where public
that the holding of a free, orderly and honest election meetings are held in each city or municipality affected.
should become impossible in any political subdivision, Sec. 8. Election Code to be available in polling places.
the Commission, motu proprio or upon a verified - A printed copy of this Code in English or in the
petition by any interested party, and after due notice national language shall be provided and be made
and hearing, whereby all interested parties are available by the Commission in every polling place, in
order that it may be readily consulted by any person in Sec. 12. Disqualifications. - Any person who has been
need thereof on the registration, revision and election declared by competent authority insane or
days. incompetent, or has been sentenced by final judgment
for subversion, insurrection, rebellion or for any
Sec. 9. Official mail and telegram relative to elections. offense for which he has been sentenced to a penalty
- Papers connected with the election and required by of more than eighteen months or for a crime involving
this Code to be sent by public officers in the moral turpitude, shall be disqualified to be a candidate
performance of their election duties shall be free of and to hold any office, unless he has been given
postage and sent by registered special delivery mail. plenary pardon or granted amnesty.
Telegrams of the same nature shall likewise be
This disqualifications to be a candidate herein
transmitted free of charge by government
provided shall be deemed removed upon the
telecommunications and similar facilities.
declaration by competent authority that said insanity
It shall be the duty of the Postmaster General, the or incompetence had been removed or after the
Director of the Bureau of Telecommunications, and expiration of a period of five years from his service of
the managers of private telecommunication companies sentence, unless within the same period he again
to transmit immediately and in preference to all other becomes disqualified.
communications or telegrams messages reporting
election results and such other messages or
ARTICLE II.
communications which the Commission may require
or may be necessary to ensure free, honest and orderly ELECTION OF PRESIDENT AND VICE-
elections. PRESIDENT

Sec. 10. Election expenses. - Except in barangay

elections, such expenses as may be necessary and Sec. 13. Regular election for President and Vice-
reasonable in connection with the elections, referenda, President. - The regular election for President and
plebiscites and other similar exercises shall be paid by Vice-President of the Philippines shall be held on the
the Commission. The Commission may direct that in first Monday of May Nineteen hundred eighty seven
the provinces, cities, or municipalities, the election (1987) and on the same day every six years thereafter.
expenses chargeable to the Commission be advanced The President-elect and the Vice-President-elect shall
by the province, city or municipality concerned assume office at twelve o'clock noon on the thirtieth
subject to reimbursement by the Commission upon day of June next following the election and shall end
presentation of the proper bill. at noon of the same date, six years thereafter when the
term of his successor shall begin.
Funds needed by the Commission to defray the
expenses for the holding of regular and special Sec. 14. Special election for President and Vice-
elections, referenda and plebiscites shall be provided President. - In case a vacancy occurs for the Office of
in the regular appropriations of the Commission the President and Vice-President, the Batasang
which, upon request, shall immediately be released to Pambansa shall, at ten o'clock in the morning of the
the Commission. In case of deficiency, the amount so third day after the vacancy occurs, convene in
provided shall be augmented from the special accordance with its rules without need of a call and
activities funds in the general appropriations act and within seven days enact a law calling for a special
from those specifically appropriated for the purpose in election to elect a President and a Vice-President to be
special laws. held not earlier than forty-five days nor later than sixty
days from the time of such call. The bill calling such
Sec. 11. Failure to assume office. - The office of any
special election shall be deemed certified under
official elected who fails or refuses to take his oath of
paragraph (2), Section 19, Article VIII of the
office within six months from his proclamation shall
Constitution and shall become law upon its approval
be considered vacant, unless said failure is for a cause
on third reading by the Batasang Pambansa.
or causes beyond his control.
Appropriations for the special election shall be
charged against any current appropriations and shall immediately distributed as follows: the original copy
be exempt from the requirements of paragraph (4), shall be enclosed and sealed in the envelope directed
Section 16 of Article VIII of the Constitution. The to the Speaker and delivered to him at the Batasang
convening of the Batasang Pambansa cannot be Pambansa by the fastest possible means; the second
suspended nor the special election postponed. No copy shall likewise be enclosed and sealed in the
special election shall be called if the vacancy occurs envelope directed to the Commission; the third copy
within seventy days before the date of the presidential shall be retained by the provincial election supervisor,
election of 1987. in the case of the provincial board of canvassers, and
by the city election registrar, in the case of the city
Sec. 15. Canvass of votes for President and Vice-
board of canvassers; and one copy each to the
President by the provincial or city board of canvassers.
authorized representatives of the ruling party and the
- The provincial, city, or district boards of canvassers
dominant opposition political party. Failure to comply
in Metropolitan Manila, as the case may be, shall meet
with the requirements of this section shall constitute
not later than six o'clock in the evening on election day
an election offense.
to canvass the election returns that may have already
been received by them, respectively. It shall meet Sec. 16. Counting of votes for President and Vice-
continuously from day to day until the canvass is President by the Batasang Pambansa. - The certificates
completed, but may adjourn only for the purpose of of canvass, duly certified by the board of canvassers
awaiting the other election returns. Each time the of each province, city or district in Metropolitan
board adjourns, it shall make a total of all the votes Manila shall be transmitted to the Speaker of the
cast for each candidate for President and for Vice- Batasang Pambansa, who shall, not later than thirty
President, duly authenticated by the signatures and days after the day of the election, convene the
thumbmarks of all the members of the provincial, city Batasang Pambansa in session and in its presence open
or district board of canvassers, furnishing the all the certificates of canvass, and the votes shall then
Commission in Manila by the fastest means of be counted.
communication a copy thereof, and making available
Sec. 17. Correction of errors in certificate and
the data contained therein to mass media and other
supporting statement already transmitted to the
interested parties. Upon the completion of the canvass,
Speaker. - No correction of errors allegedly committed
the board shall prepare a certificate of canvass
in the certificate of canvass and supporting statement
showing the votes received by each candidate for the
already transmitted to the Speaker of the Batasang
office of the President and for Vice-President, duly
Pambansa shall be allowed, subject to the provisions
authenticated by the signatures and thumbmarks of all
of the succeeding section.
the members of the provincial, city or district board of
canvassers. Upon the completion of the certificate of Sec. 18. Preservation of ballot boxes, their keys, and
canvass, the board shall certify and transmit the said disposition of their contents. - Until after the
certificate of canvass to the Speaker of the Batasang completion by the Batasang Pambansa of the
Pambansa. canvassing of the votes and until an uncontested
proclamation of the President-elect and Vice-
The provincial, city and district boards of canvassers
President-elect shall have been obtained, the
shall prepare the certificate of canvass for the election
provincial, city or district board of canvassers under
of President and Vice-President, supported by a
the joint responsibility with the provincial, city or
statement of votes by polling place, in quintuplicate by
municipal treasurers shall provide for the safekeeping
the use of carbon papers or such other means as the
and storage of the ballot boxes in a safe and closed
Commission shall prescribe to the end that all five
chamber secured by four padlocks: one to be provided
copies shall be legibly produced in one handwriting.
by the corresponding board chairman; one by the
The five copies of the certificate of canvass must bear
provincial or city treasurer concerned; and one each by
the signatures and thumbmarks of all the members of
the ruling party and the accredited dominant
the board. Upon the completion of these certificates
opposition political party.
and statements, they shall be enclosed in envelopes
furnished by the Commission and sealed, and
Sec. 19. When certificate of canvass is incomplete or or, if the returns have been lost or destroyed upon prior
bears erasures or alterations. - When the certificate of authority from the Commission, to use any authentic
canvass, duly certified by the board of canvassers of copy of said election returns for the purpose of
each province, city or district in Metropolitan Manila conducting the canvass, and thereafter issue the
and transmitted to the Speaker of the Batasang certificates of canvass. The certificates of canvass
Pambansa, as provided in the Constitution, appears to shall be immediately transmitted to the Speaker of the
be incomplete, the Speaker shall require the board of Batasang Pambansa.
canvassers concerned to transmit to his office, by
Proclamation shall be made only upon submission of
personal delivery, the election returns from polling
all certificates of canvass or when the missing
places that were not included in the certificate of
certificates of canvass will not affect the results of the
canvass and supporting statements. Said election
election.
returns shall be submitted by personal delivery to the
Speaker within two days from receipt of notice. When
it appears that any certificate of canvass or supporting ARTICLE III.
statement of votes by polling place bears erasures or ELECTION OF MEMBERS OF THE BATASANG
alterations which may cast doubt as to the veracity of PAMBANSA
the number of votes stated therein and may affect the
result of the election, the Batasang Pambansa upon
request of the Presidential or Vice-Presidential Sec. 21. Regular election of Members of the Batasang
candidate concerned or his party shall, for the sole Pambansa. - The regular election of the Members of
purpose of verifying the actual number of votes cast the Batasang Pambansa shall be held on the second
for President or Vice-President, count the votes as they Monday of May, Nineteen hundred and ninety (1990)
appear in the copies of the election returns for the and on the same day every six years thereafter.
Commission. For this purpose, the Speaker shall Sec. 22. Special election for Members of the Batasang
require the Commission to deliver its copies of the Pambansa. - In case a vacancy arises in the Batasang
election returns to the Batasang Pambansa. Pambansa eighteen months or more before a regular
Sec. 20. Proclamation of the President-elect and Vice- election, the Commission shall call a special election
President-elect. - Upon the completion of the canvass to be held within sixty days after the vacancy occurs
of the votes by the Batasang Pambansa, the persons to elect the Member to serve the unexpired term.
obtaining the highest number of votes for President The Batasang Pambansa through a duly approved
and for Vice-President shall be declared elected; but in resolution or an official communication of the Speaker
case two or more shall have an equal and the highest when it is not in session shall certify to the
number of votes, one of them shall be chosen President Commission the existence of said vacancy.
or Vice-President, as the case may be, by a majority
vote of all the Members of the Batasang Pambansa in Sec. 23. Composition of the Batasang Pambansa. - The
session assembled. Batasang Pambansa shall be composed of not more
than two hundred Members elected from the different
In case there are certificates of canvass which have not provinces of the Philippines with their component
been submitted to the Speaker of the Batasang cities, highly urbanized cities and districts of
Pambansa on account of missing election returns, a Metropolitan Manila, those elected or selected from
proclamation may be made if the missing certificates various sectors as provided herein, and those chosen
will not affect the results of the election. by the President from the members of the Cabinet.
In case the certificates of canvass which were not Sec. 24. Apportionment of representatives. - Until a
submitted on account of missing election returns will new apportionment shall have been made, the
affect the results of the election, no proclamation shall Members of the Batasang Pambansa shall be
be made. The Speaker shall immediately instruct the apportioned in accordance with the Ordinance
boards of canvassers concerned to obtain the missing appended to the Constitution, as follows:
election returns from the boards of election inspectors
National Capital Region: Manila, 6; Quezon City, 4; Tangub, 1; Misamis Oriental with Gingoog City, 2;
Caloocan, 2; Pasay, 1; Pasig and Marikina, 2; Las Surigao del Norte with Surigao City, 1; Cagayan de
Piñas and Parañaque, 1; Makati, 1; Malabon, Navotas Oro City, 1.
and Valenzuela, 2; San Juan and Mandaluyong, 1;
Region XI: Surigao del Sur, 1; Davao del Norte, 3;
Taguig, Pateros and Muntinglupa, 1.
Davao Oriental, 1; Davao del Sur, 2; South Cotabato
Region 1: Abra, 1; Benguet, 1; Ilocos Norte with with General Santos City, 3; Davao City, 2.
Laoag City, 2; Ilocos Sur, 2; La Union, 2; Mountain
Region XII: Lanao del Norte, 1; Lanao del Sur with
Province, 1; Pangasinan with the cities of Dagupan
Marawi City, 2; Maguindanao with Cotabato City, 2;
and San Carlos, 6; Baguio City, 1.
North Cotabato, 2; Sultan Kudarat, 1; Iligan City, 1.
Region II: Batanes, 1; Cagayan, 3; Ifugao, 1; Isabela,
Any province that may hereafter be created or any
3; Kalinga-Apayao, 1; Nueva Vizcaya, 1; Quirino, 1.
component city that may hereafter be declared by or
Region III: Bataan, 1; Bulacan, 4; Nueva Ecija with pursuant to law as a highly urbanized city shall be
the cities of Cabanatuan, Palayan and San Jose, 4; entitled in the immediately following election to at
Pampanga with Angeles City, 4; Tarlac, 2; Zambales, least one Member or such number of Members as it
1; Olongapo City, 1. may be entitled to on the basis of the number of the
inhabitants and on the same uniform and progressive
Region IV: Aurora, 1; Batangas with the cities of
ratio used in the last preceding apportionment. The
Batangas and Lipa, 4; Cavite with the cities of Cavite,
number of Members apportioned to the province out
Tagaytay and Trece Martires, 3; Laguna with San
of which the new province was created or where the
Pablo City, 4; Marinduque, 1; Occidental Mindoro, 1;
new highly urbanized city is geographically located
Oriental Mindoro, 2; Palawan with Puerto Princesa
shall be correspondingly adjusted by the Commission,
City, 1; Quezon with Lucena City, 4; Rizal, 2;
but such adjustment shall not be made within one
Romblon, 1.
hundred twenty days before the election.
Region V: Albay with Legaspi City, 3; Camarines
Sec. 25. Voting by province and its component cities,
Norte, 1; Camarines Sur with the cities of Iriga and
by highly urbanized city or by district in Metropolitan
Naga, 4; Catanduanes, 1; Masbate, 2; Sorsogon, 2.
Manila. - All candidates shall be voted at large by the
Region VI: Aklan, 1; Antique, 1; Capiz with Roxas registered voters of their respective constituencies.
City; Iloilo with Iloilo City, 5; Negros Occidental with The candidates corresponding to the number of
the cities of Bacolod, Bago, Cadiz, La Carlota, San Member or Members to be elected in a constituency
Carlos and Silay, 7. who receive the highest number of votes shall be
Region VII: Bohol with Tagbilaran City, 3; Cebu with declared elected.
the cities of Danao,
Sec. 26. Sectoral representatives. - There shall be three
Lapu-Lapu, Mandaue and Toledo, 6; Negros Oriental sectors to be represented in the Batasang Pambansa,
with the cities of Bais, Canlaon and Dumaguete, 3; namely: (1) youth; (2) agricultural labor; (3) industrial
Siquijor, 1; Cebu City, 2. labor whose representatives shall be elected in the
Region VIII: Leyte with the cities of Ormoc and manner herein provided. Each sector shall be entitled
Tacloban, 5; Southern Leyte, 1; Eastern Samar, 1; to four representatives, two of whom shall come from
Northern Samar, 1; Samar with Calbayog City, 2. Luzon, one from Visayas, and one from Mindanao:
Provided, That the youth sector shall be entitled to two
Region IX: Basilan, 1; Sulu, 1; Tawi-Tawi, 1; additional sectoral representatives who shall be
Zamboanga del Norte with the cities of Dapitan and elected from any part of the country.
Dipolog, 2; Zamboanga del Sur with Pagadian City, 3;
Zamboanga City, 1. Sec. 27. Scope of the sectors. - The agricultural labor
sector covers all persons who personally and
Region X: Agusan del Norte with Butuan City, 1; physically till the land as their principal occupation. It
Agusan del Sur, 1; Bukidnon, 2; Camiguin, 1; Misamis includes agricultural tenants and lessees, rural workers
Occidental with the cities of Oroquieta, Ozamis and
and farm employees, owner-cultivators, settlers and Pambansa of the appointment made by him of any
small fishermen. sectoral representative.
The industrial labor sector includes all non- Except as herein otherwise provided, sectoral
agricultural workers and employees. representatives shall have the same functions,
responsibilities, rights, privileges, qualifications and
The youth sector embraces persons not more than
disqualifications as the representatives from the
twenty-five years of age.
provinces and their component cities, highly urbanized
Sec. 28. Selection of sectoral representatives. - Not cities or districts of Metropolitan Manila.
later than twenty days after the election of provincial,
city or district representatives, the most representative
ARTICLE IV.
and generally recognized organizations or
aggroupments of members of the agricultural labor, ELECTION OF LOCAL OFFICIALS
industrial labor, and youth sectors, as attested to by the
Ministers of Agrarian Reform and of Agriculture and
Sec. 29. Regular elections of local officials. - The
Food, the Ministers of Labor and Employment, and the
election of provincial, city and municipal officials
Ministers of Local Government and of Education,
whose positions are provided for by the Local
Culture and Sports, respectively, shall, in accordance
Government Code shall be held throughout the
with the procedures of said organizations or
Philippines in the manner herein prescribed on the first
aggroupments of members of the sector, submit to the
Monday of May, Nineteen hundred and eighty-six and
President their respective nominees for each slot
on the same day every six years thereafter.
allotted for each sector. The President shall appoint
from among the nominees submitted by the The officials elected shall assume office on the
aforementioned organizations or aggroupments the thirtieth day of June next following the election and
representatives of each sector. shall hold office for six years and until their successors
shall have been elected and qualified.
In recognizing the most representative and generally
recognized organizations or aggroupments, the All local incumbent officials whose tenure of office
Ministers of Agrarian Reform and of Agriculture and shall expire on March 23, 1986 shall hold office until
Food, the Minister of Labor and Employment, and the June 30, 1986 or until their successors shall have been
Ministers of Local Government and Education, elected and qualified: Provided, That they cannot be
Culture and Sports shall consider: suspended or removed without just cause.

(a) The extent of membership and activity of the Sec. 30. Component and highly urbanized cities. -
organization or aggroupment which should be Unless their respective charters provide otherwise, the
national; electorate of component cities shall be entitled to vote
in the election for provincial officials of the province
(b) The responsiveness of the organization or
of which it is a part.
aggroupment to the legitimate aspirations of its sector;
The electorate of highly urbanized cities shall not vote
(c) The militancy and consistency of the organization
in the election for provincial officials of the province
or aggroupment in espousing the cause and promoting
in which it is located: Provided, however, That no
the welfare of the sector consistent with that of the
component city shall be declared or be entitled to a
whole country;
highly urbanized city status within ninety days prior to
(d) The observance by such organization or any election.
aggroupment of the rule of law; and
(e) Other analogous factors. ARTICLE V.
The President of the Philippines shall, in writing, ELECTION OF MEMBERS OF THE REGIONAL
notify the Secretary-General of the Batasang ASSEMBLY OF THE AUTONOMOUS REGIONS.
 representatives on recommendation of the
Sec. 31. The Sangguniang Pampook of the Sangguniang Pampook and after due consultation with
autonomous regions. - Region IX and Region XII in the representative and generally recognized
southern Philippines shall each have a Sangguniang organizations or aggrupations of members of the
Pampook to be composed of twenty-seven members youth, agricultural workers and non-agricultural
and shall include seventeen representatives elected workers as attested by the Ministers of Local
from the different provinces and cities of each region, Government and of Education, Culture and Sports
and a sectoral representative each from among the (youth), Ministers of Agrarian Reform and of
youth, agricultural workers, and non-agricultural Agriculture and Food (agricultural workers), and
workers (industrial labor) of each region to be selected Ministers of Labor and Employment (non-agricultural
in the manner herein provided whose qualifications or industrial labor).
and disqualifications are the same as Members of the
The President of the Philippines shall in writing notify
Batasang Pambansa.
the Speaker of the Sangguniang Pampook of each
The President shall appoint an additional seven region of the appointment made by him of any sectoral
representatives in each region whenever in his representative.
judgment any other sector is not properly represented
The sectoral representatives shall have the same
in the Sangguniang Pampook as a result of the
functions, responsibilities, rights, privileges,
elections.
qualifications and disqualifications as the elective
provincial representatives to the Sangguniang
Sec. 32. Apportionment of members of the
Pampook: Provided, however, That no defeated
Sangguniang Pampook. - The Members of the
candidate for member of the Sangguniang Pampook in
Sangguniang Pampook of Region IX and of Region
the immediately preceding election shall be appointed
XII shall be apportioned as follows:
as sectoral representative.
Region IX: Basilan, one (1); Sulu, three (3); Tawi-
Sec. 35. Filling of vacancy. - Pending an election to
Tawi, one (1); Zamboanga del Norte including the
fill a vacancy arising from any cause in the
cities of Dipolog and Dapitan, four, (4); and
Sangguniang Pampook, the vacancy shall be filled by
Zamboanga del Sur, including the City of Pagadian,
the President, upon recommendation of the
six (6); and Zamboanga City, two (2);
Sangguniang Pampook: Provided, That the appointee
Region XII: Lanao del Norte, two (2); Iligan City, one shall come from the same province or sector of the
(1); Lanao del Sur including the City of Marawi, four member being replaced.
(4); Maguindanao including the City of Cotabato, four
Sec. 36. Term of office. - The present members of the
(4); North Cotabato, four (4); and Sultan Kudarat, two
Sangguniang Pampook of each of Region IX and
(2).
Region XII shall continue in office until June 30, 1986
Sec. 33. Election of members of Sangguniang or until their successors shall have been elected and
Pampook. - The candidates for the position of qualified or appointed and qualified in the case of
seventeen representatives to the Sangguniang sectoral members. They may not be removed or
Pampook of Region IX and of Region XII shall be replaced except in accordance with the internal rules
voted at large by the registered voters of each province of said assembly or provisions of pertinent laws.
including the cities concerned.
The election of members of the Sangguniang Pampook
The candidates corresponding to the number of of the two regions shall be held simultaneously with
member or members to be elected in a constituency the local elections of 1986. Those elected in said
who receive the highest number of votes shall be elections shall have a term of four years starting June
declared elected. 30, 1986.
Sec. 34. Selection of sectoral representatives. - The Those elected in the election of 1990 to be held
President shall, within thirty days from the convening simultaneously with the elections of Members of the
of each Sangguniang Pampook, appoint the sectoral
Batasang Pambansa shall have a term of six years. than the day before the beginning of the campaign
period in a form to be prescribed by the Commission.
The candidate shall state the barangay office for which
ARTICLE VI.
he is a candidate.
ELECTION OF BARANGAY OFFICIALS
The certificate of candidacy shall be filed with the
secretary of the sangguniang barangay who shall have
Sec. 37. Regular election of barangay officials. - The the ministerial duty to receive said certificate of
election for barangay officials shall be held throughout candidacy and to immediately acknowledge receipt
the Philippines in the manner prescribed on the second thereof.
Monday of May Nineteen hundred and eighty-eight
In case the secretary refuses to receive the same, or in
and on the same day every six years thereafter.
the case of his absence or non-availability, a candidate
The officials elected shall assume office on the may file his certificate with the election registrar of the
thirtieth day of June next following the election and city or municipality concerned.
shall hold office for six years and until their successors
The secretary of the sangguniang barangay or the
shall have been elected and qualified.
election registrar, as the case may be, shall prepare a
Sec. 38. Conduct of elections. - The barangay election consolidated list all the candidates and shall post said
shall be non-partisan and shall be conducted in an list in the barangay hall and in other conspicuous
expeditious and inexpensive manner. places in the barangay at least ten days before the
No person who files a certificate of candidacy shall election.
represent or allow himself to be represented as a Any elective or appointive municipal, city, provincial
candidate of any political party or any other or national official or employee, or those in the civil or
organization; and no political party, political group, military service, including those in government-
political committee, civic, religious, professional, or owned or controlled corporations, shall be considered
other organization or organized group of whatever automatically resigned upon the filing of certificate of
nature shall intervene in his nomination or in the filing candidacy for a barangay office.
of his certificate of candidacy or give aid or support,
Sec. 40. Board of Election Tellers. - (1) The
directly or indirectly, material or otherwise favorable
Commission shall constitute not later than ten days
to or against his campaign for election: Provided, That
before the election a board of election tellers in every
this provision shall not apply to the members of the
barangay polling place, to be composed of a public
family of a candidate within the fourth civil degree of
elementary school teacher as chairman, and two
consanguinity or affinity nor to the personal campaign
members who are registered voters of the polling place
staff of the candidate which shall not be more than one
concerned, but who are not incumbent barangay
for every one hundred registered voters in his
officials nor related to any candidate for any position
barangay: Provided, however, That without prejudice
in that barangay within the fourth civil degree of
to any liability that may be incurred, no permit to hold
affinity or consanguinity.
a public meeting shall be denied on the ground that the
provisions of this paragraph may or will be violated. In case no public elementary school teachers are
available, the Commission shall designate any
Nothing in this section, however, shall be construed as
registered voter in the polling place who is not an
in any manner affecting or constituting an impairment
incumbent barangay official nor related to any
of the freedom of individuals to support or oppose any
candidate for any position in that barangay within the
candidate for any barangay office.
fourth civil degree of affinity or consanguinity.
Sec. 39. Certificate of Candidacy. - No person shall be
(2) The board of election tellers shall supervise and
elected punong barangay or kagawad ng sangguniang
conduct the election in their respective polling places,
barangay unless he files a sworn certificate of
count the votes and thereafter prepare a report in
candidacy in triplicate on any day from the
triplicate on a form prescribed by the Commission.
commencement of the election period but not later
The original of this report shall be delivered presence of the voter, by the authorized
immediately to the barangay board of canvassers. The representatives of the candidates and the chairman and
second copy shall be delivered to the election registrar members of the board of election tellers who shall
and the third copy shall be delivered to the secretary affix their signatures at the back thereof. Any ballot
of the sangguniang barangay who shall keep the same which is not authenticated shall be deemed spurious.
on file.
Sec. 44. Ballot boxes. - The Commission shall provide
Sec. 41. Registration of voters and list of voters. - Not the ballot boxes for each barangay polling place, but
later than seven days before the election, the board of each candidate may be permitted to provide a padlock
election tellers shall meet in every barangay polling for said ballot box.
place to conduct the registration of barangay voters
Sec. 45. Postponement or failure of election. - When
and to prepare the list of voters. Any voter may
for any serious cause such as violence, terrorism, loss
challenge the qualification of any person seeking to
or destruction of election paraphernalia or records,
register and said challenge shall be heard and decided
force majeure, and other analogous causes of such
on the same day by the board of election tellers.
nature that the holding of a free, orderly and honest
The final list of voters shall be posted in the polling election should become impossible in any barangay,
places at least two days before election day. The the Commission, upon a verified petition of an
registration of any voter shall not be transferred interested party and after due notice and hearing at
without written notice at least two days before the date which the interested parties are given equal
of election. Not later than the day following the opportunity to be heard, shall postpone the election
barangay election, the board of election tellers shall therein for such time as it may deem necessary.
deliver the list of voters to the election registrar for
If, on account of force majeure, violence, terrorism,
custody and safekeeping.
fraud or other analogous causes, the election in any
Sec. 42. Polling places. - (1) The chairman of the board barangay has not been held on the date herein fixed or
of election tellers shall designate the public school or has been suspended before the hour fixed by law for
any other public building within the barangay to be the closing of the voting therein and such failure or
used as polling place in case the barangay has one suspension of election would affect the result of the
election precinct. (2) For barangays with two or more election, the Commission, on the basis of a verified
election precincts the chairman of the board of petition of an interested party, and after due notice and
canvassers shall designate the public school or any hearing, at which the interested parties are given equal
other public building to be used as polling place. opportunity to be heard shall call for the holding or
continuation of the election within thirty days after it
In case there is no public school or other public
shall have verified and found that the cause or causes
building that can be used as polling places, other
for which the election has been postponed or
appropriate private buildings may be designated:
suspended have ceased to exist or upon petition of at
Provided, That such buildings are not owned or
least thirty percent of the registered voters in the
occupied or possessed by any incumbent elective
barangay concerned.
public official or candidate, or his relative within the
fourth civil degree of consanguinity or affinity. The When the conditions in these areas warrant, upon
polling place shall be centrally located as possible, verification by the Commission, or upon petition of at
always taking into consideration the convenience and least thirty percent of the registered voters in the
safety of the voters. barangay concerned, it shall order the holding of the
barangay election which was postponed or suspended.
Sec. 43. Official barangay ballots. - The official
barangay ballots shall be provided by the city or Sec. 46. Barangay board of canvassers. - (1) The
municipality concerned of a size and color to be Commission shall constitute a board of canvassers at
prescribed by the Commission. least seven days before the election in each barangay,
to be composed of the senior public elementary school
Such official ballots shall, before they are handed to
the voter at the polling place, be authenticated in the
teacher in the barangay as chairman, and two other seven before the date of the election shall be within the
public elementary school teachers, as members. exclusive original jurisdiction of the municipal or
metropolitan trial court. The notice of such decision
In case the number of public elementary school
shall be served to all parties within twenty-four hours
teachers is inadequate, the Commission shall designate
following its promulgation and any party adversely
the chairman and members of the barangay board of
affected may appeal therefrom within twenty-four
canvassers from among the board of election tellers.
hours to the regional trial court which shall finally
(2) The barangay board of canvassers shall meet decide the same not later than two days before the date
immediately in a building where a polling place is of the election.
found and which is most centrally located in the
Sec. 50. Funding. - Local governments shall
barangay and after canvassing the results from the
appropriate such funds to defray such necessary and
various polling places within the barangay, proclaim
reasonable expenses of the members of the board of
the winners. The board of canvassers shall accomplish
election tellers, board of canvassers and the printing of
the certificate of proclamation in triplicate on a form
election forms and procurement of other election
to be prescribed by the Commission. The original of
paraphernalia, and the installation of polling booths.
the certificate shall be sent to the election registrar
concerned, the second copy shall be delivered to the Sec. 51. Penalties. - Violations of any provisions of
secretary of the sangguniang bayan or sangguniang this Article shall constitute prohibited acts and shall be
panglunsod, as the case may be, and the third copy prosecuted and penalized in accordance with the
shall be kept on file by the secretary of the provisions of this Code.
sangguniang barangay.
(3) In a barangay where there is only one polling place, ARTICLE VII.
the barangay board of election tellers shall also be the
THE COMMISSION ON ELECTIONS
barangay board of canvassers.
Sec. 47. Activities during the campaign period. -
Sec. 52. Powers and functions of the Commission on
During the campaign period, the punong barangay if
Elections. - In addition to the powers and functions
he is not a candidate, or any resident of the barangay
conferred upon it by the Constitution, the Commission
designated by the Commission, shall convene the
shall have exclusive charge of the enforcement and
barangay assembly at least once for the purpose of
administration of all laws relative to the conduct of
allowing the candidates to appear at a joint meeting
elections for the purpose of ensuring free, orderly and
duly called, upon proper and with at least two days
honest elections, and shall:
notice, to explain to the barangay voters their
respective program of administration, their (a) Exercise direct and immediate supervision and
qualifications, and other information that may help control over national and local officials or employees,
enlighten voters in casting their votes. including members of any national or local law
enforcement agency and instrumentality of the
The members of the barangay assembly may take up
government required by law to perform duties relative
and discuss other matters relative to the election of
to the conduct of elections. In addition, it may
barangay officials.
authorize CMT cadets eighteen years of age and above
Sec. 48. Watchers. - Candidates may appoint two to act as its deputies for the purpose of enforcing its
watchers each, to serve alternately, in every polling orders.
place within the barangay, who shall be furnished with
The Commission may relieve any officer or employee
a signed copy of the results of the election, in such
referred to in the preceding paragraph from the
form as the Commission may prescribe, immediately
performance of his duties relating to electoral
after the completion of the canvass.
processes who violates the election law or fails to
Sec. 49. Inclusion and exclusion cases. - Inclusion and comply with its instructions, orders, decisions or
exclusion cases which shall be decided not later than rulings, and appoint his substitute. Upon
recommendation of the Commission, the said witnesses, may issue a warrant to arrest witness
corresponding proper authority shall suspend or and bring him before the Commission or the officer
remove from office any or all of such officers or before whom his attendance is required.
employees who may, after due process, be found
Any controversy submitted to the Commission shall,
guilty of such violation or failure.
after compliance with the requirements of due process,
(b) During the period of the campaign and ending be immediately heard and decided by it within sixty
thirty days thereafter, when in any area of the country days from submission thereof. No decision or
there are persons committing acts of terrorism to resolution shall be rendered by the Commission either
influence people to vote for or against any candidate en banc or by division unless taken up in a formal
or political party, the Commission shall have the session properly convened for the purpose.
power to authorize any member or members of the
The Commission may, when necessary, avail of the
Armed Forces of the Philippines, the National Bureau
assistance of any national or local law enforcement
of Investigation, the Integrated National Police or any
agency and/or instrumentality of the government to
similar agency or instrumentality of the government,
execute under its direct and immediate supervision any
except civilian home defense forces, to act as deputies
of its final decisions, orders, instructions or rulings.
for the purpose of ensuring the holding of free, orderly
and honest elections. (e) Punish contempts provided for in the Rules of
Court in the same procedure and with the same
(c) Promulgate rules and regulations implementing the
penalties provided therein. Any violation of any final
provisions of this Code or other laws which the
and executory decision, order or ruling of the
Commission is required to enforce and administer, and
Commission shall constitute contempt thereof.
require the payment of legal fees and collect the same
in payment of any business done in the Commission, (f) Enforce and execute its decisions, directives, orders
at rates that it may provide and fix in its rules and and instructions which shall have precedence over
regulations. those emanating from any other authority, except the
Supreme Court and those issued in habeas corpus
Rules and regulations promulgated by the
proceedings.
Commission to implement the provisions of this Code
shall take effect on the sixteenth day after publication (g) Prescribe the forms to be used in the election,
in the Official Gazette or in at least daily newspapers plebiscite or referendum.
of general circulation. Orders and directives issued by
the Commission pursuant to said rules and regulations (h) Procure any supplies, equipment, materials or
shall be furnished by personal delivery to accredited services needed for the holding of the election by
political parties within forty-eight hours of issuance public bidding: Provided, That, if it finds the
and shall take effect immediately upon receipt. requirements of public bidding impractical to observe,
then by negotiations or sealed bids, and in both cases,
In case of conflict between rules, regulations, orders or
the accredited parties shall be duly notified.
directives of the Commission in the exercise of its
constitutional powers and those issued by any other (i) Prescribe the use or adoption of the latest
administrative office or agency of the government technological and electronic devices, taking into
concerning the same matter relative to elections, the account the situation prevailing in the area and the
former shall prevail. funds available for the purpose: Provided, That the
Commission shall notify the authorized
(d) Summon the parties to a controversy pending
representatives of accredited political parties and
before it, issue subpoena and subpoena duces tecum,
candidates in areas affected by the use or adoption of
and take testimony in any investigation or hearing
technological and electronic devices not less than
before it, and delegate such power to any officer of the
thirty days prior to the effectivity of the use of such
Commission who shall be a member of the Philippine
devices.
Bar. In case of failure of a witness to attend, the
Commission, upon proof of service of the subpoena to
(j) Carry out a continuing and systematic campaign polling place except to vote, and shall, if they so
through newspapers of general circulation, radios and desire, stay in an area at least fifty meters away from
other media forms to educate the public and fully the polling place.
inform the electorate about election laws, procedures,
3. Report to the peace authorities and other appropriate
decisions, and other matters relative to the work and
agencies all instances of terrorism, intimidation of
duties of the Commission and the necessity of clean,
voters, and other similar attempts to frustrate the free
free, orderly and honest electoral processes.
and orderly casting of votes.
(k) Enlist non-partisan group or organizations of
4. Perform such other functions as may be entrusted to
citizens from the civic, youth, professional,
such group or organization by the Commission.
educational, business or labor sectors known for their
probity, impartiality and integrity with the The designation of any group or organization made in
membership and capability to undertake a coordinated accordance herewith may be revoked by the
operation and activity to assist it in the implementation Commission upon notice and hearing whenever by its
of the provisions of this Code and the resolutions, actuations such group or organization has shown
orders and instructions of the Commission for the partiality to any political party or candidate, or has
purpose of ensuring free, orderly and honest elections performed acts in excess or in contravention of the
in any constituency. Such groups or organizations functions and duties herein provided and such others
shall function under the direct and immediate control which may be granted by the Commission.
and supervision of the Commission and shall perform (l) Conduct hearings on controversies pending before
the following specific functions and duties: it in the cities or provinces upon proper motion of any
A. Before Election Day: party, taking into consideration the materiality and
number of witnesses to be presented, the situation
1. Undertake an information campaign on salient
prevailing in the area and the fund available for the
features of this Code and help in the dissemination of
purpose.
the orders, decisions and resolutions of the
Commission relative to the forthcoming election. (m) Fix other reasonable periods for certain pre-
election requirements in order that voters shall not be
2. Wage a registration drive in their respective areas so
deprived of their right of suffrage and certain groups
that all citizens of voting age, not otherwise
of rights granted them in this Code.
disqualified by law may be registered.
Unless indicated in this Code, the Commission is
3. Help cleanse the list of voters of illegal registrants,
hereby authorized for fix the appropriate period for the
conduct house-to-house canvass if necessary, and take
various prohibited acts enumerated herein, consistent
the appropriate legal steps towards this end.
with the requirements of free, orderly, and honest
4. Report to the Commission violations of the elections.
provisions of this Code on the conduct of the political
Sec. 53. Field offices of the Commission. - The
campaign, election propaganda and electoral
Commission shall have the following field offices:
expenditures.
(1) Regional Election Office, headed by the Regional
B. On Election Day:
Election Director and assisted by the Assistant
1. Exhort all registered voters in their respective areas Regional Director and such other subordinate officers
to go to their polling places and cast their votes. or employees as the Commission may appoint.
2. Nominate one watcher for accreditation in each (2) Provincial Election Office, headed by the
polling place and each place of canvass who shall have Provincial Election Supervisor and assisted by such
the same duties, functions and rights as the other other subordinate officers or employees as the
watchers of political parties and candidates. Members Commission may appoint.
or units of any citizen group or organization so
(3) City/Municipal Election Office, headed by the
designated by the Commission except its lone duly
City/Municipal Registrar who shall be assisted by an
accredited watcher, shall not be allowed to enter any
election clerk and such other employees as the municipal election registrar to a city or municipality,
Commission may appoint. where he and/or his spouse are related to any candidate
within the fourth civil degree of consanguinity or
The Commission may delegate its powers and
affinity as the case may be.
functions or order the implementation or enforcement
of its orders, rulings, or decisions through the heads of Sec. 57. Measures to ensure enforcement. - For the
its field offices. effective enforcement of the provisions of this Code,
the Commission is further vested and charged with the
Sec. 54. Qualifications. - Only members of the
following powers, duties and responsibilities:
Philippines Bar shall be eligible for appointment to the
position of regional director, assistant regional 1. To issue search warrants after examination under
director, provincial election supervisor and election oath or affirmation of the complainant and the
registrar: Provided, however, That if there are no witnesses
members of the Philippine Bar available for
2. To stop any illegal election activity, or confiscate,
appointment as election registrar, except in cities and
tear down, and stop any unlawful, libelous, misleading
capital towns, graduates of duly recognized schools of
or false election propaganda, after due notice and
law, liberal arts, education or business administration
hearing.
who possess the appropriate civil service eligibility
may be appointed to said position. 3. To inquire into the financial records of candidates
and any organization or group of persons, motu
Sec. 55. Office space. - The local government
proprio or upon written representation for probable
concerned shall provide a suitable place for the office
cause by any candidate or group of persons or
of the provincial election supervisor and his staff and
qualified voter, after due notice and hearing.
the election registrar and his staff: Provided, That in
case of failure of the local government concerned to For purposes of this section, the Commission may
provide such suitable place, the provincial election avail itself of the assistance of the Commission on
supervisor or the election registrar, as the case may be, Audit, the Central Bank, the National Bureau of
upon prior authority of the Commission and notice to Investigation, the Bureau of Internal Revenue, the
the local government concerned, may lease another Armed Forces of the Philippines, the Integrated
place for office and the rentals thereof shall be National Police of the Philippines, barangay officials,
chargeable to the funds of the local government and other agencies of the government.
concerned. Sec. 58. Disqualifications of members of the
Sec. 56. Changes in the composition, distribution or Commission. - The chairman and members of the
assignment of field offices. - The Commission may Commission shall be subject to the canons of judicial
make changes in the composition, distribution and ethics in the discharge of their functions.
assignment of field offices, as well as its personnel, No chairman or commissioner shall sit in any case in
whenever the exigencies of the service and the interest which he has manifested bias or prejudice for or
of free, orderly, and honest election so require: against or antagonism against any party thereto and in
Provided, That such changes shall be effective and connection therewith, or in any case in which he would
enforceable only for the duration of the election period be disqualified under the Rules of Court. If it be
concerned and shall not affect the tenure of office of claimed that the chairman or a commissioner is
the incumbents of positions affected and shall not disqualified as above provided, the party objecting to
constitute a demotion, either in rank or salary, nor his competency may file his objection in writing with
result in change of status: and Provided, further, That the Commission stating the ground therefor. The
there shall be no changes in the composition, official concerned shall continue to participate in the
distribution or assignment within thirty days before hearing or withdrawn therefrom in accordance with his
election, except for cause and after due notice and determination of the question of his disqualification.
hearing, and that in no case shall a regional or assistant The decision shall forthwith be made in writing and
regional director be assigned to a region; a provincial filed with the other papers of the case in accordance
election supervisor to a province; or a city or
with the Rules of Court. If a disqualification should Sec. 62. Publication of petition for registration or
result in a lack of quorum in the Commission sitting accreditation. - The Commission shall require
en banc, the Presiding Justice of the Intermediate publication of the petition for registration or
Appellate Court shall designate a justice of said court accreditation in at least three newspapers of general
to sit in said case for the purpose of hearing and circulation and shall, after due notice and hearing,
reaching a decision thereon. resolve the petition within fifteen days from the date it
is submitted for decision.
Sec. 59. Publication of official ballots and election
returns and printing thereof. - The Commission shall
publish at least ten days before an election in a
ARTICLE IX.
newspaper of general circulation certified data on the
number of official ballots and election returns and the ELIGIBILITY OF CANDIDATES AND
names and addresses of the printers and the number CERTIFICATE OF CANDIDACY
printed by each.
Sec. 63. Qualifications for President and Vice-
President of the Philippines. - No person may be
ARTICLE VIII.
elected President unless he is a natural-born citizen of
POLITICAL PARTIES the Philippines, a registered voter, able to read and
write, at least forty years of age on the day of election,
and a resident of the Philippines for at least ten years
Sec. 60. Political party. - "Political party" or "party",
immediately preceding such election.
when used in this Act, means an organized group of
persons pursuing the same ideology, political ideas or Sec. 64. Qualifications for Members of the Batasang
platforms of government and includes its branches and Pambansa. - No person shall be elected Member of the
divisions. To acquire juridical personality, quality it Batasang Pambansa as provincial, city or district
for subsequent accreditation, and to entitle it to the representative unless he is a natural-born citizen of the
rights and privileges herein granted to political parties, Philippines and, on the day of the election, is at least
a political party shall first be duly registered with the twenty-five years of age, able to read and write, a
Commission. Any registered political party that, registered voter in the constituency in which he shall
singly or in coalition with others, fails to obtain at least be elected, and a resident thereof for a period of not
ten percent of the votes cast in the constituency in less than six months immediately preceding the day of
which it nominated and supported a candidate or the election.
candidates in the election next following its
A sectoral representative shall be a natural-born
registration shall, after notice and hearing be deemed
citizen of the Philippines, able to read and write, a
to have forfeited such status as a registered political
resident of the Philippines, able to read and write, a
party in such constituency.
resident of the Philippines for a period of not less than
Sec. 61. Registration. - Any organized group of one year immediately preceding the day of the
persons seeking registration as a national or regional election, a bona fide member of the sector he seeks to
political party may file with the Commission a verified represent, and in the case of a representative of the
petition attaching thereto its constitution and by-laws, agricultural or industrial labor sector, shall be a
platform or program of government and such other registered voter, and on the day of the election is at
relevant information as may be required by the least twenty-five years of age. The youth sectoral
Commission. The Commission shall, after due notice representative should at least be eighteen and not be
and hearing, resolve the petition within ten days from more than twenty-five years of age on the day of the
the date it is submitted for decision. election: Provided, however, That any youth sectoral
representative who attains the age of twenty-five years
No religious sect shall be registered as a political party
during his term shall be entitled to continue in office
and no political party which seeks to achieve its goal
until the expiration of his term.
through violence shall be entitled to accreditation.
Sec. 65. Qualifications of elective local officials. - The candidates or by other circumstances or acts which
qualifications for elective provincial, city, municipal clearly demonstrate that the candidate has no bona fide
and barangay officials shall be those provided for in intention to run for the office for which the certificate
the Local Government Code. of candidacy has been filed and thus prevent a faithful
determination of the true will of the electorate.
Sec. 66. Candidates holding appointive office or
positions. - Any person holding a public appointive Sec. 70. Guest candidacy. - A political party may
office or position, including active members of the nominate and/or support candidates not belonging to
Armed Forces of the Philippines, and officers and it.
employees in government-owned or controlled
Sec. 72. Effects of disqualification cases and priority.
corporations, shall be considered ipso facto resigned
- The Commission and the courts shall give priority to
from his office upon the filing of his certificate of
cases of disqualification by reason of violation of this
candidacy.
Act to the end that a final decision shall be rendered
Sec. 67. Candidates holding elective office. - Any not later than seven days before the election in which
elective official, whether national or local, running for the disqualification is sought.
any office other than the one which he is holding in a
Any candidate who has been declared by final
permanent capacity, except for President and Vice-
judgment to be disqualified shall not be voted for, and
President, shall be considered ipso facto resigned from
the votes cast for him shall not be counted.
his office upon the filing of his certificate of
Nevertheless, if for any reason, a candidate is not
candidacy.
declared by final judgment before an election to be
Sec. 68. Disqualifications. - Any candidate who, in an disqualified and he is voted for and receives the
action or protest in which he is a party is declared by winning number of votes in such election, his violation
final decision of a competent court guilty of, or found of the provisions of the preceding sections shall not
by the Commission of having (a) given money or other prevent his proclamation and assumption to office.
material consideration to influence, induce or corrupt
Sec. 73. Certificate of candidacy. - No person shall be
the voters or public officials performing electoral
eligible for any elective public office unless he files a
functions; (b) committed acts of terrorism to enhance
sworn certificate of candidacy within the period fixed
his candidacy; (c) spent in his election campaign an
herein.
amount in excess of that allowed by this Code; (d)
solicited, received or made any contribution prohibited A person who has filed a certificate of candidacy may,
under Sections 89, 95, 96, 97 and 104; or (e) violated prior to the election, withdraw the same by submitting
any of Sections 80, 83, 85, 86 and 261, paragraphs d, to the office concerned a written declaration under
e, k, v, and cc, subparagraph 6, shall be disqualified oath.
from continuing as a candidate, or if he has been No person shall be eligible for more than one office to
elected, from holding the office. Any person who is a be filled in the same election, and if he files his
permanent resident of or an immigrant to a foreign certificate of candidacy for more than one office, he
country shall not be qualified to run for any elective shall not be eligible for any of them. However, before
office under this Code, unless said person has waived the expiration of the period for the filing of certificates
his status as permanent resident or immigrant of a of candidacy, the person who was filed more than one
foreign country in accordance with the residence certificate of candidacy may declare under oath the
requirement provided for in the election laws. office for which he desires to be eligible and cancel the
Sec. 69. Nuisance candidates. - The Commission may certificate of candidacy for the other office or offices.
motu proprio or upon a verified petition of an The filing or withdrawal of a certificate of candidacy
interested party, refuse to give due course to or cancel shall not affect whatever civil, criminal or
a certificate of candidacy if it is shown that said administrative liabilities which a candidate may have
certificate has been filed to put the election process in incurred.
mockery or disrepute or to cause confusion among the
voters by the similarity of the names of the registered
Sec. 74. Contents of certificate of candidacy. - The postponement or failure of election under Sections 5
certificate of candidacy shall state that the person and 6 hereof, no additional certificate of candidacy
filing it is announcing his candidacy for the office shall be accepted except in cases of substitution of
stated therein and that he is eligible for said office; if candidates as provided under Section 77 hereof.
for Member of the Batasang Pambansa, the province,
The certificates of candidacy for President and Vice-
including its component cities, highly urbanized city
President of the Philippines shall be filed in ten legible
or district or sector which he seeks to represent; the
copies with the Commission which shall order the
political party to which he belongs; civil status; his
printing of copies thereof for distribution to all polling
date of birth; residence; his post office address for all
places. The certificates of candidacy for the other
election purposes; his profession or occupation; that he
offices shall be filed in duplicate with the offices
will support and defend the Constitution of the
herein below mentioned, together with a number of
Philippines and will maintain true faith and allegiance
clearly legible copies equal to twice the number of
thereto; that he will obey the laws, legal orders, and
polling places in the province, city, district,
decrees promulgated by the duly constituted
municipality or barangay, as the case may be:
authorities; that he is not a permanent resident or
immigrant to a foreign country; that the obligation (a) For representative in the Batasang Pambansa, with
imposed by his oath is assumed voluntarily, without the Commission, the provincial election supervisor,
mental reservation or purpose of evasion; and that the city election registrar in case of highly urbanized
facts stated in the certificate of candidacy are true to cities, or an officer designated by the Commission
the best of his knowledge. having jurisdiction over the province, city or
representative district who shall send copies thereof to
Unless a candidate has officially changed his name
all polling places in the province, city or district;
through a court approved proceeding, a certificate
shall use in a certificate of candidacy the name by (b) For provincial offices, with the provincial election
which he has been baptized, or if has not been baptized supervisor of the province concerned who shall send
in any church or religion, the name registered in the copies thereof to all polling places in the province;
office of the local civil registrar or any other name (c) For city and municipal offices, with the city or
allowed under the provisions of existing law or, in the municipal election registrar who shall send copies
case of a Muslim, his Hadji name after performing the thereof to all polling places in the city or municipality;
prescribed religious pilgrimage: Provided, That when and
there are two or more candidates for an office with the
same name and surname, each candidate, upon being (d) For punong barangay or kagawad ng sangguniang
made aware or such fact, shall state his paternal and barangay, the certificates of candidacy shall be filed in
maternal surname, except the incumbent who may accordance with the provisions of Section 39 of
continue to use the name and surname stated in his Article VI of this Code.
certificate of candidacy when he was elected. He may The duly authorized receiving officer shall
also include one nickname or stage name by which he immediately send the original copy of all certificates
is generally or popularly known in the locality. of candidacy received by him to the Commission.
The person filing a certificate of candidacy shall also Sec. 76. Ministerial duty of receiving and
affix his latest photograph, passport size; a statement acknowledging receipt. - The Commission, provincial
in duplicate containing his bio-data and program of election supervisor, election registrar or officer
government not exceeding one hundred words, if he so designated by the Commission or the board of election
desires. inspectors under the succeeding section shall have the
Sec. 75. Filing and distribution of certificate of ministerial duty to receive and acknowledge receipt of
candidacy. - The certificate of candidacy shall be filed the certificate of candidacy.
on any day from the commencement of the election Sec. 77. Candidates in case of death, disqualification
period but not later than the day before the beginning or withdrawal of another. - If after the last day for the
of the campaign period: Provided, That in cases of filing of certificates of candidacy, an official candidate
of a registered or accredited political party dies, of soliciting votes and/or undertaking any campaign
withdraws or is disqualified for any cause, only a for or against a candidate;
person belonging to, and certified by, the same
(2) Holding political caucuses, conferences, meetings,
political party may file a certificate of candidacy to
rallies, parades, or other similar assemblies, for the
replace the candidate who died, withdrew or was
purpose of soliciting votes and/or undertaking any
disqualified. The substitute candidate nominated by
campaign or propaganda for or against a candidate;
the political party concerned may file his certificate of
candidacy for the office affected in accordance with (3) Making speeches, announcements or
the preceding sections not later than mid-day of the commentaries, or holding interviews for or against the
day of the election. If the death, withdrawal or election of any candidate for public office;
disqualification should occur between the day before (4) Publishing or distributing campaign literature or
the election and mid-day of election day, said materials designed to support or oppose the election of
certificate may be filed with any board of election any candidate; or
inspectors in the political subdivision where he is a
candidate, or, in the case of candidates to be voted for (5) Directly or indirectly soliciting votes, pledges or
by the entire electorate of the country, with the support for or against a candidate.
Commission. The foregoing enumerated acts if performed for the
Sec. 78. Petition to deny due course to or cancel a purpose of enhancing the chances of aspirants for
certificate of candidacy. - A verified petition seeking nomination for candidacy to a public office by a
to deny due course or to cancel a certificate of political party, aggroupment, or coalition of parties
candidacy may be filed by the person exclusively on shall not be considered as election campaign or
the ground that any material representation contained partisan election activity.
therein as required under Section 74 hereof is false. Public expressions or opinions or discussions of
The petition may be filed at any time not later than probable issues in a forthcoming election or on
twenty-five days from the time of the filing of the attributes of or criticisms against probable candidates
certificate of candidacy and shall be decided, after due proposed to be nominated in a forthcoming political
notice and hearing, not later than fifteen days before party convention shall not be construed as part of any
the election. election campaign or partisan political activity
contemplated under this Article.

ARTICLE X. Sec. 80. Election campaign or partisan political

activity outside campaign period. - It shall be unlawful
CAMPAIGN AND ELECTION PROPAGANDA for any person, whether or not a voter or candidate, or
for any party, or association of persons, to engage in
Sec. 79. Definitions. - As used in this Code: an election campaign or partisan political activity
except during the campaign period: Provided, That
(a) The term "candidate" refers to any person aspiring
political parties may hold political conventions or
for or seeking an elective public office, who has filed
meetings to nominate their official candidates within
a certificate of candidacy by himself or through an
thirty days before the commencement of the campaign
accredited political party, aggroupment, or coalition of
period and forty-five days for Presidential and Vice-
parties;
Presidential election.
(b) The term "election campaign" or "partisan political
Sec. 81. Intervention of foreigners. - It shall be
activity" refers to an act designed to promote the
unlawful for any foreigner, whether judicial or natural
election or defeat of a particular candidate or
person, to aid any candidate or political party, directly
candidates to a public office which shall include:
or indirectly, or take part in or influence in any manner
any election, or to contribute or make any expenditure
(1) Forming organizations, associations, clubs, in connection with any election campaign or partisan
committees or other groups of persons for the purpose political activity.
Sec. 82. Lawful election propaganda. - Lawful Sec. 85. Prohibited forms of election propaganda. - It
election propaganda shall include: shall be unlawful:
(a) Pamphlets, leaflets, cards, decals, stickers or other (a) To print, publish, post or distribute any poster,
written or printed materials of a size not more than pamphlet, circular, handbill, or printed matter urging
eight and one-half inches in width and fourteen inches voters to vote for or against any candidate unless they
in length; bear the names and addresses of the printer and payor
as required in Section 84 hereof;
(b) Handwritten or printed letters urging voters to vote
for or against any particular candidate; (b) To erect, put up, make use of, attach, float or
display any billboard, tinplate-poster, balloons and the
(c) Cloth, paper or cardboard posters, whether framed
like, of whatever size, shape, form or kind, advertising
or posted, with an area exceeding two feet by three
for or against any candidate or political party;
feet, except that, at the site and on the occasion of a
public meeting or rally, or in announcing the holding (c) To purchase, manufacture, request, distribute or
of said meeting or rally, streamers not exceeding three accept electoral propaganda gadgets, such as pens,
feet by eight feet in size, shall be allowed: Provided, lighters, fans of whatever nature, flashlights, athletic
That said streamers may not be displayed except one goods or materials, wallets, shirts, hats, bandanas,
week before the date of the meeting or rally and that it matches, cigarettes and the like, except that campaign
shall be removed within seventy-two hours after said supporters accompanying a candidate shall be allowed
meeting or rally; or to wear hats and/or shirts or T-shirts advertising a
candidate;
(d) All other forms of election propaganda not
prohibited by this Code as the Commission may (d) To show or display publicly any advertisement or
authorize after due notice to all interested parties and propaganda for or against any candidate by means of
hearing where all the interested parties were given an cinematography, audio-visual units or other screen
equal opportunity to be heard: Provided, That the projections except telecasts which may be allowed as
Commission's authorization shall be published in two hereinafter provided; and
newspapers of general circulation throughout the
(e) For any radio broadcasting or television station to
nation for at least twice within one week after the
sell or give free of charge air time for campaign and
authorization has been granted.
other political purposes except as authorized in this
Sec. 83. Removal, destruction or defacement of lawful Code under the rules and regulations promulgated by
election propaganda prohibited. - It shall be unlawful the Commission pursuant thereto.
for any person during the campaign period to remove,
Any prohibited election propaganda gadget or
destroy, obliterate, or in any manner deface or tamper
advertisement shall be stopped, confiscated or torn
with, or prevent the distribution of lawful election
down by the representative of the Commission upon
propaganda.
specific authority of the Commission.
Sec. 84. Requirements for published or printed
Sec. 86. Regulation of election propaganda through
election propaganda. - Any newspaper, newsletter,
mass media. - (a) The Commission shall promulgate
newsweekly, gazette or magazine advertising, posters,
rules and regulations regarding the sale of air time for
pamphlets, circulars, handbills, bumper stickers,
partisan political purposes during the campaign period
streamers, simple list of candidates or any published
to insure the equal time as to duration and quality in
or printed political matter for or against a candidate or
available to all candidates for the same office or
group of candidates to any public office shall bear and
political parties at the same rates or given free of
be identified by the words "paid for by" followed by
charge; that such rates are reasonable and not higher
the true and correct name and address of the payor and
than those charged other buyers or users of air time for
by the words "printed by" followed by the true and
non-political purposes; that the provisions of this Code
correct name and address of the printer.
regarding the limitation of expenditures by candidates
and political parties and contributions by private
persons, entities and institutions are effectively Sec. 87. Rallies, meetings and other political activities.
enforced; and to ensure that said radio broadcasting - Subject to the requirements of local ordinances on
and television stations shall not unduly allow the the issuance of permits, any political party supporting
scheduling of any program or permit any sponsor to official candidates or any candidate individually or
manifestly favor or oppose any candidate or political jointly with other aspirants may hold peaceful political
party by unduly or repeatedly referring to or including rallies, meetings, and other similar activities during the
said candidate and/or political party in such program campaign period: Provided, That all applications for
respecting, however, in all instances the right of said permits to hold meetings, rallies and other similar
stations to broadcast accounts of significant or political activities, receipt of which must be
newsworthy events and views on matters of public acknowledged in writing and which application shall
interest. be immediately posted in a conspicuous place in the
city or municipal building, shall be acted upon in
(b) All contracts for advertising in any newspaper,
writing by local authorities concerned within three
magazine, periodical or any form of publication
days after the filing thereof and any application not
promoting or opposing the candidacy of any person for
acted upon within said period shall be deemed
public office shall, before its implementation, be
approved: and Provided, further, That denial of any
registered by said newspaper, magazine, periodical or
application for said permit shall be appealable to the
publication with the Commission. In every case, it
provincial election supervisor or to the Commission
shall be signed by the candidate concerned or by the
whose decision shall be made within forty-eight hours
duly authorized representative of the political party.
and which shall be final and executory: Provided,
(c) No franchise or permit to operate a radio or finally, That one only justifiable ground for denial is a
television station shall be granted or issued, suspended prior written application by any candidate or political
or cancelled during the election period. party for the same purpose has been approved.
Any radio or television stations, including that owned Sec. 88. Public rally. - Any political party or candidate
or controlled by the Government, shall give free of shall notify the election registrar concerned of any
charge equal time and prominence to an accredited public rally said political party or candidate intends to
political party or its candidates if it gives free of charge organize and hold in the city or municipality, and
air time to an accredited political party or its within seven working days thereafter submit to the
candidates for political purposes. election registrar a statement of expenses incurred in
In all instances, the Commission shall supervise the connection therewith.
use and employment of press, radio and television Sec. 89. Transportation, food and drinks. - It shall be
facilities so as to give candidates equal opportunities unlawful for any candidate, political party,
under equal circumstances to make known their organization, or any person to give or accept, free of
qualifications and their stand on public issues within charge, directly or indirectly, transportation, food or
the limits set forth in this Code on election spending. drinks or things of value during the five hours before
Rules and regulations promulgated by the and after a public meeting, on the day preceding the
Commission under and by authority of this section election, and on the day of the election; or to give or
shall take effect on the seventh day after their contribute, directly or indirectly, money or things of
publication in at least two daily newspapers of general value for such purpose.
circulation. Prior to the effectivity of said rules and Sec. 90. Comelec space. - The Commission shall
regulations, no political advertisement or propaganda procure space in at least one newspaper of general
for or against any candidate or political party shall be circulation in every province or city: Provided,
published or broadcast through the mass media. however, That in the absence of said newspaper,
Violation of the rules and regulations of the publication shall be done in any other magazine or
Commission issued to implement this section shall be periodical in said province or city, which shall be
an election offense punishable under Section 264 known as "Comelec Space" wherein candidates can
hereof. announce their candidacy. Said space shall be
allocated, free of charge, equally and impartially by portion or all of their time in behalf of a candidate or
the Commission among all candidates within the area political party. It shall also include the use of facilities
in which the newspaper is circulated. voluntarily donated by other persons, the money value
of which can be assessed based on the rates prevailing
Sec. 91. Comelec poster area. - Whenever practicable,
in the area.
the Commission shall also designate and provide for a
common poster are in strategic places in each town (b) The term "expenditure" includes the payment or
wherein candidates can announce and further their delivery of money of anything of value, or a contract,
candidacy through posters, said space to be likewise promise or agreement to make an expenditure, for the
allocated free of charge, equally and impartially by the purpose of influencing the results of the election. It
Commission among all the candidates concerned. shall also include the use of facilities personally
owned by the candidate, the money value of the use of
Sec. 92. Comelec time. - The Commission shall
which can be assessed based on the rates prevailing in
procure radio and television time to be known as
the area.
"Comelec Time" which shall be allocated equally and
impartially among the candidates within the area of (c) The term "person" includes an individual,
coverage of all radio and television stations. For this partnership, committee, association, corporation, and
purpose, the franchise of all radio broadcasting and any other organization or group of persons.
television station are hereby amended so as to provide
Sec. 95. Prohibited contributions. - No contribution for
radio television time, free of charge, during the period
purposes of partisan political activity shall be made
of the campaign.
directly or indirectly by any of the following:
Sec. 93. Comelec information bulletin. - The
(a) Public or private financial institutions: Provided,
Commission shall cause the printing, and supervise the
however, That nothing herein shall prevent the making
dissemination of bulletins to be known as "Comelec
of any loan to a candidate or political party by any such
Bulletin" which shall be of such size as to adequately
public or private financial institutions legally in the
contain the picture, bio-data and program of
business of lending money, and that the loan is made
government of every candidate. Said bulletin shall be
in accordance with laws and regulations and in the
disseminated to the voters or displayed in such places
ordinary course of business;
as to give due prominence thereto. Any candidate may
reprint at his expense, any "Comelec Bulletin" upon (b) Natural and juridical persons operating a public
prior authority of the Commission: Provided, That the utility or in possession of or exploiting any natural
printing of the names of the different candidates with resources of the nation;
their bio-data must be in alphabetical order (c) Natural and juridical persons who hold contracts or
irrespective of party affiliation. sub-contracts to supply the government or any of its
divisions, subdivisions or instrumentalities, with
ARTICLE XI. goods or services or to perform construction or other
works;
ELECTORAL CONTRIBUTIONS AND
EXPENDITURES (d) Natural and juridical persons who have been
granted franchises, incentives, exemptions, allocations
or similar privileges or concessions by the government
Sec. 94. Definitions. - As used in this Article:
or any of its divisions, subdivisions or
(a) The term "contribution" includes a gift, donation, instrumentalities, including government-owned or
subscription, loan, advance or deposit of money or controlled corporations;
anything of value, or a contract, promise or agreement
(e) Natural and juridical persons who, within one year
to contribute, whether or not legally enforceable, made
prior to the date of the election, have been granted
for the purpose of influencing the results of the
loans or other accommodations in excess of P100,000
elections but shall not include services rendered
by the government or any of its divisions, subdivisions
without compensation by individuals volunteering a
or instrumentalities including government-owned or or authorized representative of such candidate or
controlled corporations; treasurer shall, not later than thirty days after the day
of the election, file with the Commission a report
(f) Educational institutions which have received grants
under oath stating the amount of each contribution, the
of public funds amounting to no less than
name of the candidate, agent of the candidate or
P100,000.00;
political party receiving the contribution, and the date
(g) Officials or employees in the Civil Service, or of the contribution.
members of the Armed Forces of the Philippines; and
Sec. 100. Limitations upon expenses of candidates. -
(h) Foreigners and foreign corporations. No candidate shall spend for his election campaign an
It shall be unlawful for any person to solicit or receive aggregate amount exceeding one peso and fifty
any contribution from any of the persons or entities centavos for every voter currently registered in the
enumerated herein. constituency where he filed his candidacy: Provided,
That the expenses herein referred to shall include those
Sec. 96. Soliciting or receiving contributions from incurred or caused to be incurred by the candidate,
foreign sources. - It shall be unlawful for any person, whether in cash or in kind, including the use, rental or
including a political party or public or private entity to hire of land, water or aircraft, equipment, facilities,
solicit or receive, directly or indirectly, any aid or apparatus and paraphernalia used in the campaign:
contribution of whatever form or nature from any Provided, further, That where the land, water or
foreign national, government or entity for the purposes aircraft, equipment, facilities, apparatus and
of influencing the results of the election. paraphernalia used is owned by the candidate, his
Sec. 97. Prohibited raising of funds. - It shall be contributor or supporter, the Commission is hereby
unlawful for any person to hold dances, lotteries, empowered to assess the amount commensurate with
cockfights, games, boxing bouts, bingo, beauty the expenses for the use thereof, based on the
contests, entertainments, or cinematographic, prevailing rates in the locality and shall be included in
theatrical or other performances for the purpose of the total expenses incurred by the candidate.
raising funds for an election campaign or for the Sec. 101. Limitations upon expenses of political
support of any candidate from the commencement of parties. - A duly accredited political party may spend
the election period up to and including election day; or for the election of its candidates in the constituency or
for any person or organization, whether civic or constituencies where it has official candidates an
religious, directly or indirectly, to solicit and/or accept aggregate amount not exceeding the equivalent of one
from any candidate for public office, or from his peso and fifty centavos for every voter currently
campaign manager, agent or representative, or any registered therein. Expenses incurred by branches,
person acting in their behalf, any gift, food, chapters, or committees of such political party shall be
transportation, contribution or donation in cash or in included in the computation of the total expenditures
kind from the commencement of the election period up of the political party.
to and including election day; Provided, That normal
and customary religious stipends, tithes, or collections Expenses incurred by other political parties shall be
on Sundays and/or other designated collection days, considered as expenses of their respective individual
are excluded from this prohibition. candidates and subject to limitation under Section 100
of this Code.
Sec. 98. True name of contributor required. - No
person shall make any contribution in any name except Sec. 102. Lawful expenditures. - To carry out the
his own nor shall any candidate or treasurer of a objectives of the preceding sections, no candidate or
political party receive a contribution or enter or record treasurer of a political party shall, directly or
the same in any name other than that of the person by indirectly, make any expenditure except for the
whom it was actually made. following purposes:

Sec. 99. Report of contributions. - Every person giving

contributions to any candidate, treasurer of the party,
(a) For travelling expenses of the candidates and The authority to incur expenditures shall be in writing,
campaign personnel in the course of the campaign and copy of which shall be furnished the Commission
for personal expenses incident thereto; signed by the candidate or the treasurer of the party
and showing the expenditures so authorized, and shall
(b) For compensation of campaigners, clerks,
state the full name and exact address of the person so
stenographers, messengers, and other persons actually
designated.
employed in the campaign;
Sec. 104. Prohibited donations by candidates,
(c) For telegraph and telephone tolls, postage, freight
treasurers of parties or their agents. - No candidate, his
and express delivery charges;
or her spouse or any relative within the second civil
(d) For stationery, printing and distribution of printed degree of consanguinity or affinity, or his campaign
matters relative to candidacy; manager, agent or representative shall during the
(e) For employment of watchers at the polls; campaign period, on the day before and on the day of
the election, directly or indirectly, make any donation,
(f) For rent, maintenance and furnishing of campaign contribution or gift in cash or in kind, or undertake or
headquarters, office or place of meetings; contribute to the construction or repair of roads,
(g) For political meetings and rallies and the use of bridges, school buses, puericulture centers, medical
sound systems, lights and decorations during said clinics and hospitals, churches or chapels cement
meetings and rallies; pavements, or any structure for public use or for the
use of any religious or civic organization: Provided,
(h) For newspaper, radio, television and other public That normal and customary religious dues or
advertisements; contributions, such as religious stipends, tithes or
(i) For employment of counsel, the cost of which shall collections on Sundays or other designated collection
not be taken into account in determining the amount of days, as well as periodic payments for legitimate
expenses which a candidate or political party may scholarships established and school contributions
have incurred under Section 100 and 101 hereof; habitually made before the prohibited period, are
excluded from the prohibition.
(j) For copying and classifying list of voters,
investigating and challenging the right to vote of The same prohibition applies to treasurers, agents or
persons registered in the lists the costs of which shall representatives of any political party.
not be taken into account in determining the amount of Sec. 105. Accounting by agents of candidate or
expenses which a candidate or political party may treasurer. - Every person receiving contributions or
have incurred under Sections 100 and 101 hereof; or incurring expenditures by authority of the candidate or
(k) For printing sample ballots in such color, size and treasurer of the party shall, on demand by the
maximum number as may be authorized by the candidate or treasurer of the party and in any event
Commission and the cost of such printing shall not be within five days after receiving such contribution or
taken into account in determining the amount of incurring such expenditure, render to the candidate or
expenses which a candidate or political party may the treasurer of the party concerned, a detailed account
have incurred under Sections 100 and 101 hereof. thereof with proper vouchers or official receipts.

Sec. 103. Persons authorized to incur election Sec. 106. Records of contributions and expenditures. -
expenditures. - No person, except the candidate, the (a) It shall be the duty of every candidate, treasurer of
treasurer of a political party or any person authorized the political party and person acting under the
by such candidate or treasurer, shall make any authority of such candidate or treasurer to issue a
expenditure in support of or in opposition to any receipt for every contribution received and to obtain
candidate or political party. Expenditures duly and keep a receipt stating the particulars of every
authorized by the candidate or the treasurer of the expenditure made.
party shall be considered as expenditures of such (b) Every candidate and treasurer of the party shall
candidate or political party. keep detailed, full, and accurate records of all
contributions received and expenditures incurred by if confirmed on the same date by telegram or
him and by those acting under his authority, setting radiogram addressed to the office or official with
forth therein all information required to be reported. whom the statement should be filed.
(c) Every candidate and treasurer of the party shall be The provincial election supervisors and election
responsible for the preservation of the records of registrars concerned shall, within fifteen days after the
contributions and expenditures, together with all last day for the filing of the statements, send to the
pertinent documents, for at least three years after the Commission duplicate copies of all statements filed
holding of the election to which they pertain and for with them.
their production for inspection by the Commission or
Sec. 109. Form and contents of statement. - The
its duly authorized representative, or upon
statement shall be in writing, subscribed and sworn to
presentation of a subpoena duces tecum duly issued by
by the candidate or by the treasurer of the party, shall
the Commission. Failure of the candidate or treasurer
be complete as of the date next preceding the date of
to preserve such records or documents shall be deemed
filing and shall set forth in detail (a) the amount of
prima facie evidence of violation of the provisions of
contribution, the date of receipt, and the full name and
this Article.
exact address of the person from whom the
Sec. 107. Statement of contributions and expenditures. contribution was received; (b) the amount of every
- Every candidate and treasurer of the political party expenditure, the date thereof, the full name and exact
shall, not later than seven days, or earlier than ten days address of the person to whom payment was made, and
before the day of the election, file in duplicate with the the purpose of the expenditure; (c) any unpaid
office indicated in the following section, full, true and obligation, its nature and amount, and to whom said
itemized, statement of all contributions and obligation is owing; and (d) such other particulars
expenditures in connection with the election. which the Commission may require.
Within thirty days after the day of the election, said If the candidate or treasurer of the party has received
candidate and treasurer shall also file in duplicate a no contribution, made no expenditure, or has no
supplemental statement of all contribution and pending obligation, the statement shall reflect such
expenditures not included in the statement filed prior fact.
to the day of the election.
Sec. 110. Preservation and inspection of statements. -
Sec. 108. Place for filing statements. - The statements All statements of contributions and expenditures shall
of contributions and expenditures shall be filed as be kept and preserved at the office where they are filed
follows: and shall constitute part of the public records thereof
for three years after the election to which they pertain.
(a) Those of candidates for President and Vice-
They shall not be removed therefrom except upon
President, with the Commission.
order of the Commission or of a competent court and
(b) Those of candidates for Members of the Batasang shall, during regular office hours, be subject and open
Pambansa, with the provincial election supervisor to inspection by the public. The officer in-charge
concerned, except those of candidates in the National thereof, shall, on demand, furnish certified copies of
Capital Region which shall be filed with the regional any statement upon payment of the fee prescribed
election director of said region. under Section 270 hereof.
(c) Those of candidates for provincial offices, with the It shall be the duty of the Commission to examine all
provincial election supervisor concerned. statements of contributions and expenditures of
(d) Those of candidates for city, municipal and candidates and political parties to determine
barangay offices, with the election registrar compliance with the provisions of this Article.
concerned. Sec. 111. Effect of failure to file statement. - In
If the statement is sent by mail, it shall be by registered addition to other sanctions provided in this Code, no
mail, and the date on which it was registered with the person elected to any public office shall enter upon the
post office may be considered as the filing date thereof
duties of his office until he has filed the statement of with the provisions of this Code, shall constitute the
contributions and expenditures herein required. permanent list of voters in each city or municipality,
as the case may be, until 1996.
The same prohibition shall apply if the political party
which nominated the winning candidate fails to file the For purposes of the next following election, the
statements required herein within the period Commission, through the election registrars, shall
prescribed by this Code. assign the proper precincts and polling places to the
registered voters in said list. Written notice of any such
Sec. 112. Report of contractor and business firms. -
change shall be made to the affected voters within two
Every person or firm to whom any electoral
weeks therefrom.
expenditure is made shall, within thirty days after the
day of the election, file with the Commission a report Sec. 114. Renewal of the Permanent List. - The list of
setting forth the full names and exact addresses of the voters prepared in accordance with the preceding
candidates, treasurers of political parties, and other section shall be renewed in nineteen hundred and
persons incurring such expenditures, the nature or ninety-six and every twelve years thereafter.
purpose of each expenditure, the date and costs
Sec. 115. Necessity of Registration. - In order that a
thereof, and such other particulars as the Commission
qualified elector may vote in any election, plebiscite
may require. The report shall be signed and sworn to
or referendum, he must be registered in the permanent
by the supplier or contractor, or in case of a business
list of voters for the city or municipality in which he
firm or association, by its president or general
resides.
manager.
Sec. 116. Who may be registered in the list. - All
It shall be the duty of such person or firm to whom an
persons having complied with the requisites herein
electoral expenditure is made to require every agent of
prescribed for the registration of voters shall be
a candidate or of the treasurer of a political party to
registered in the list, provided they possess all the
present written authority to incur electoral
qualifications and none of the disqualifications of a
expenditures in behalf of such candidate or treasurer,
voter. Those who failed to register in the election of
and to keep and preserve at its place of business,
1984, for any reason whatsoever, may register in
subject to inspection by the Commission or its
accordance with the provisions of this Code. Any
authorized representatives, copies of such written
person who may not have on the date of registration
authority, contracts, vouchers, invoices and other
the age or period of residence required may also be
records and documents relative to said expenditures
registered upon proof that on the date of the election,
for a period of three years after the date of the election
plebiscite or referendum he shall have such
to which they pertain.
qualifications.
It shall be unlawful for any supplier, contractor or
Sec. 117. Qualifications of a voter. - Every citizen of
business firm to enter into contract involving election
the Philippines, not otherwise disqualified by law,
expenditures with representatives of candidates or
eighteen years of age or over, who shall have resided
political parties without such written authority.
in the Philippines for one year and in the city or
municipality wherein he proposes to vote for at least
ARTICLE XII. six months immediately preceding the election, may
be registered as a voter.
REGISTRATION OF VOTERS
Any person who transfers residence to another city,
municipality or country solely by reason of his
Sec. 113. Permanent List of Voters. - Any provision of
occupation; profession; employment in private or
Presidential Decree No. 1896 to the contrary
public service; educational activities; work in military
notwithstanding, the list of voters prepared and used in
or naval reservations; service in the army, navy or air
the election of Members of the Batasang Pambansa on
force; the constabulary or national police force; or
May 14, 1984, with such additions, cancellations and
confinement or detention in government institutions in
corrections as may hereafter be made in accordance
accordance with law, shall be deemed not to have lost voters as may apply for registration, as provided in
his original residence. Section 126 hereof.
Sec. 118. Disqualifications. - The following shall be Sec. 121. Preparation of the list before any special
disqualified from voting: election, plebiscite or referendum. - For the
preparation of the list of voters before a special
(a) Any person who has been sentenced by final
election, plebiscite or referendum, the board of
judgment to suffer imprisonment for not less than one
elections inspectors of each election precinct shall
year, such disability not having been removed by
hold a meeting in the polling place on the second
plenary pardon or granted amnesty: Provided,
Saturday following the day of the proclamation calling
however, That any person disqualified to vote under
such election. At this meeting the board shall transfer
this paragraph shall automatically reacquire the right
the names of the voters appearing in the list used in the
to vote upon expiration of five years after service of
preceding election and enter those of the newly
sentence.
registered voters.
(b) Any person who has been adjudged by final
Sec. 122. Transfer of names of voters from the
judgment by competent court or tribunal of having
permanent list to the current one. - The transfer of the
committed any crime involving disloyalty to the duly
names of the voters of the precinct already registered
constituted government such as rebellion, sedition,
in the list used in the preceding election to the list to
violation of the anti-subversion and firearms laws, or
be made as provided for in the two preceding sections
any crime against national security, unless restored to
is a ministerial duty of the board, and any omission or
his full civil and political rights in accordance with
error in copying shall be corrected motu proprio, or
law: Provided, That he shall regain his right to vote
upon petition of the interested party, without delay and
automatically upon expiration of five years after
in no case beyond three days from the time such error
service of sentence.
is noticed; and if the board should refuse, the interested
(c) Insane or incompetent persons as declared by party may apply for such correction to the proper
competent authority. municipal or metropolitan trial court which shall
Sec. 119. Preparation of the permanent list of voters. - decide the case without delay and in no case beyond
For the preparation of the permanent list of voters in three days from the date the petition is filed. The
nineteen hundred and ninety-six and every twelve decision of the proper municipal or metropolitan trial
years thereafter, the board of election inspectors court shall be final and unappealable in whatever form
referred to in Article XIV hereof of each election or manner.
precinct shall hold four meetings on the seventh To facilitate the transfer of names of voters, the
Saturday, seventh Sunday, sixth Saturday and sixth election registrar shall deliver the book of voters to the
Sunday preceding the date of the regular election to be board of election inspectors on the day before the
held. At these meetings the board shall prepare eight registration of voters, to be returned after the last day
copies of the list of voters of the precinct wherein it of registration.
shall register the electors applying for registration.
Sec. 123. Cancellation and exclusion in the transfer of
Sec. 120. Preparation of the list before other regular names. - In transferring the names of the voters of the
elections. - For the preparation of the list before other precinct from the list used in the preceding election to
regular elections, the board of election inspectors of the current list, the board shall exclude those who have
each election precinct shall meet in the polling place applied for the cancellation of their registration, those
on the seventh and sixth Saturdays before the day of who have died, those who did not vote in the
the election. At these meetings, the board shall prepare immediately preceding two successive regular
and certify eight copies of the list of voters of the elections, those who have been excluded by court
corresponding precinct transferring thereto the names orders issued in accordance with the provisions of this
of the voters appearing in the list used in the preceding Code, and those who have been disqualified, upon
election and including therein such new qualified motion of any member of the board or of any elector
or watcher, upon satisfactory proof to the board and
upon summons to the voter in cases of disqualification. may register anew in the city or municipality where he
The motion shall be decided by the board without is qualified to vote.
delay and in no case beyond three days from its filing.
Sec. 126. Registration of voters. - On the seventh and
Should the board deny the motion, or fail to act thereon
sixth Saturdays before a regular election or on the
within the period herein fixed, the interested party may
second Saturday following the day of the proclamation
apply for such exclusion to the municipal or
calling for a new special election, plebiscite or
metropolitan trial court which shall decide the petition
referendum, any person desiring to be registered as a
without delay and in no case beyond three days from
voter shall accomplish in triplicate before the board of
the date the petition is filed. The decision of the court
election inspectors a voter's affidavit in which shall be
shall be final. The poll clerk shall keep a record of
stated the following data:
these exclusions and shall furnish three copies thereof
to the election registrar who shall, in turn keep one (a) Name, surname, middle name, maternal surname;
copy and send the two other copies thereof to the (b) Date and place of birth;
provincial election supervisor and the Commission, to
be attached by them to the permanent list under their (c) Citizenship;
custody. (d) Periods of residence in the Philippines and in the
Sec. 124. Meeting to close the list of voters. - The place of registration;
board of election inspectors shall also meet on the (e) Exact address with the name of the street and house
second Saturday immediately preceding the day of the number or in case there is none, a brief description of
regular election, or on the second day immediately the locality and the place;
preceding the day of the special election, plebiscite or
referendum whether it be Sunday or a legal holiday, (f) A statement that the applicant has not been
for the purpose of making such inclusions, exclusions, previously registered, otherwise he shall be required to
and corrections as may be or may have been ordered attach a sworn application for cancellation of his
by the courts, stating opposite every name so previous registration; and
corrected, added, or cancelled, the date of the order (g) Such other information or data which may be
and the court which issued the same; and for the required by the Commission.
consecutive numbering of the voters of the election
precinct. The voter's affidavit shall also contain three specimens
of the applicant's signature and clear and legible prints
Should the board fail to include in the list of voters any of his left and right hand thumbmarks and shall be
person ordered by competent court to be so included, sworn to and filed together with four copies of the
said person shall, upon presentation of a certified copy latest identification photograph to be supplied by the
of the order of inclusion and upon proper applicant.
identification, be allowed by the board to vote.
The oath of the applicant shall include a statement that
Should the board fail to exclude from the list of voters he does not have any of the disqualifications of a voter
any person ordered by the court to be so excluded, the and that he has not been previously registered in the
board shall not permit said person to vote upon precinct or in any other precinct.
presentation to it by any interested party of a certified
copy of the order of exclusion. Before the applicant accomplishes his voter's affidavit,
the board of election inspectors shall appraise the
Sec. 125. Re-registration. - A voter who is registered applicant of the qualifications and disqualifications
in the permanent list of voters need not register anew prescribed by law for a voter. It shall also see to it that
for subsequent elections unless he transfer residence to the accomplished voter's affidavit contain all the data
another city or municipality, or his registration has therein required and that the applicant's specimen
been cancelled on the ground of disqualification and signatures, the prints of his left and right hand
such disqualification has been lifted or removed. thumbmarks and his photograph are properly affixed
Likewise a voter whose registration has been cancelled in each of the voter's affidavit.
due to failure to vote in the preceding regular election
Sec. 127. Illiterate or disabled applicants. - The voter's proper alphabetical group in the list after which the
affidavit of an illiterate or physically disabled person voter identification card shall be issued to the voter.
may be prepared by any relative within the fourth civil
Sec. 130. Provincial central file of registered voters. -
degree of consanguinity of affinity or by any member
There shall be a provincial central file of registered
of the board of election inspectors who shall prepare
voters containing the duplicate copies of all approved
the affidavit in accordance with the data supplied by
voter's affidavits in each city and municipality in the
the applicant.
province which shall be under the custody and
Sec. 128. Voter's identification. - The identification supervision of the provincial election supervisor. The
card issued to the voter shall serve and be considered applications shall be compiled alphabetically by
as a document for the identification of each registered precincts so as to make the file an exact replica of the
voter: Provided, however, That if the voter's identity is book of voters in the possession of the election
challenged on election day and he cannot present his registrar.
voter identification card, his identity may be
Should the book of voters in the custody of the election
established by the specimen signatures, the
registrar be lost or destroyed at a time so close to the
photograph or the fingerprints in his voter's affidavit
election day that there is no time to reconstitute the
in the book of voters. No extra or duplicate copy of the
same, the corresponding book of voters in the
voter identification card shall be prepared and issued
provincial file shall be used during the voting.
except upon authority of the Commission.
Sec. 131. National central file of registered voters. -
Each identification card shall bear the name and the
There shall also be a national central file or registered
address of the voter, his date of birth, sex, civil status,
voters consisting of the triplicate copies of all
occupation, his photograph, thumbmark, the city or
approved voters' affidavits in all cities and
municipality and number of the polling place where he
municipalities which shall be prepared and kept in the
is registered, his signature, his voter serial number and
central office of the Commission. The applications in
the signature of the chairman of the board of election
the national central file shall be compiled
inspectors.
alphabetically according to the surnames of the
Any voter previously registered under the provisions registered voters regardless of the place of registration.
of Presidential Decree Numbered 1896 who desires to
Sec. 132. Preservation of voter's affidavits. - A copy
secure a voter identification card shall, on any
of the affidavit of each voter shall be kept by the board
registration day, provide four copies of his latest
of election inspectors until after the election when it
identification photograph to the board of election
shall deliver the same to the election registrar together
inspectors which upon receipt thereof shall affix one
with the copies of the list of voters and other election
copy thereof to the voter's affidavit in the book of
papers for use in the next election. The election
voters, one copy to the voter identification card to be
registrar shall compile the voter's affidavits by precinct
issued to the voter and transmit through the election
alphabetically in a book of voters. The other two
registrar, one copy each to the provincial election
copies shall be sent by the board of election inspectors
supervisor and the Commission to be respectively
on the day following the date of the affidavit to the
attached to the voter's affidavit in their respective
office of the provincial election supervisor and the
custody.
Commission in Manila. The provincial election
Sec. 129. Action by the board of election inspectors. - supervisor and the Commission shall respectively file
Upon receipt of the voter's affidavit, the board of and preserve the voter's affidavits by city and
election inspectors shall examine the data therein. If it municipality and in alphabetical order of their
finds that the applicant possesses all the qualifications surnames. The fourth copy shall be given to the voter
and none of the disqualifications of a voter, he shall be as evidence of his registration.
registered. Otherwise, he shall not be registered.
Sec. 133. Columns in the list of voters. - The list of
The name and address of each registered voter shall, voters shall be arranged in columns as follows: In the
immediately upon his registration, be entered in the first column there shall be entered, at the time of
closing of the list before the election, a number section; another copy, also certified, shall be sent to
opposite the name of each voter registered, beginning the provincial election supervisor of the province, and
with number one and continuing in consecutive order another, likewise certified, shall be sent to the
until the end of the list. In the second column, the Commission, in whose offices said copies shall be
surnames of the registered voters shall be written in open to public inspection during regular office hours.
alphabetical order followed by their respective first On the same day and hour, the poll clerk shall also post
names, without abbreviations of any kind. In the third a copy of the list in the polling place in a secure place
column, the respective residences of such persons with on the door or near the same at a height of a meter and
the name of the street and number, or, in case there be a half, where it may be conveniently consulted by the
none, a brief description of the locality or place. In the interested parties. The chairman, poll clerk and the two
fourth column, shall be entered the periods of members of the board of election inspectors shall each
residence in the Philippines and in the city or keep a copy of the list which may be inspected by the
municipality. In the fifth column, there shall be public in their residence or office during regular office
entered on the day of the election the numbers of the hours. Immediately after the meeting for the closing of
ballots which were given successively to each voter. the list, the poll clerk shall also send a notice to the
In the sixth column, the voter shall stamp on the day election registrar, provincial election supervisor and
of the election the mark of the thumb of his right hand the Commission regarding the changes and the
and under said mark his signature. And in the seventh numbering above referred to, to be attached to the copy
column, the signature of the chairman of the board of of the list under their custody.
election inspectors who has handed the ballot to the
Sec. 136. Challenge of right to register. - Any person
voter. It will be sufficient that the fifth, sixth, and
applying for registration may be challenged before the
seventh columns shall be filled in the copy of the list
board of election inspectors on any registration day be
under the custody of the board of election inspectors
any member, voter, candidate, or watcher. The board
which shall see to it that the thumbmark is stamped
shall then examine the challenged person and shall
plainly.
receive such other evidence as it may deem pertinent,
Sec. 134. Certificate of the board of election inspectors after which it shall decide whether the elector shall be
in the list of voters. - Upon the adjournment of each included in or excluded from the list as may be proper.
meeting for the registration of voters, the board of All challenges shall be heard and decided without
election inspectors shall close each alphabetical group delay, and in no case beyond three days from the date
of surnames of voters by writing the dates on the next the challenge was made.
line in blank, which shall be forthwith signed by each
After the question has been decided, the board of
member, and, before adding a new name on the same
election inspectors shall give to each party a brief
page at the next meeting, it shall write the
certified statement setting forth the challenge and the
following: "Added at the _ _ _ meeting" specifying if
decision thereon.
it is the second third or fourth meeting of the board, as
the case may be. If the meeting adjourned is the last Sec. 137. Power of the board of election inspectors to
one for the registration of voters, the board shall, administer oaths and issue summons. - For the purpose
besides closing each alphabetical group of voters as of determining the right of applicants to be registered
above provided, add at the end of the list a certificate as voters in the list, the board of election inspectors
(a) of the corrections and cancellations made in the shall have the same power to administer oaths, to issue
permanent list, specifying them, or that there has been subpoena and subpoena duces tecum and to compel
none, and (b) of the total number of voters registered witnesses to appear and testify, but the latter's fees and
in the precinct. expenses incident to the process shall be paid in
advance by the party in whose behalf the summons is
Sec. 135. Publication of the list. - At the first hour of
issued.
the working day following the last day of registration
of voters, the poll clerk shall deliver to the election Sec. 138. Jurisdiction in inclusion and exclusion cases.
registrar a copy of the list certified to by the board of - The municipal and metropolitan trial courts shall
election inspectors as provided in the preceding have original and exclusive jurisdiction over all
matters of inclusion and exclusion of voters from the Sec. 142. Petition for exclusion of voters from the list.
list in their respective municipalities or cities. - Any registered voter in a city or municipality may
Decisions of the municipal or metropolitan trial courts apply at any time except during the period beginning
may be appealed directly by the aggrieved party to the with the twenty-first day after the last registration day
proper regional trial court within five days from of any election up to and including election day with
receipt of notice thereof, otherwise said decision of the the proper municipal or metropolitan trial court, for the
municipal or metropolitan trial court shall become exclusion of a voter from the list, giving the name and
final and executory after said period. The regional trial residence of the latter, the precinct in which he is
court shall decide the appeal within ten days from the registered, and the grounds for the challenge. The
time the appeal was received and its decision shall be petition shall be sworn to and accompanied by proof
immediately final and executory. No motion for of notice to the board of election inspectors concerned,
reconsideration shall be entertained by the courts. if the same is duly constituted, and to the challenged
voters.
Sec. 139. Petition for inclusion of voters in the list. -
Any person whose application for registration has Sec. 143. Common rules governing judicial
been disapproved by the board of election inspectors proceedings in the matter of inclusion, exclusion, and
or whose name has been stricken out from the list may correction of names of voters. - (a) Outside of regular
apply, within twenty days after the last registration office hours no petition for inclusion, exclusion, or
day, to the proper municipal or metropolitan trial correction of names of voters shall be received.
court, for an order directing the board of election
(b) Notices to the members of the board of election
inspectors to include or reinstate his name in the list,
inspectors and to challenged voters shall state the
together with the certificate of the board of election
place, day and hour in which such petition shall be
inspectors regarding his case and proof of service of
heard, and such notice may be made by sending a copy
notice of his petition upon a member of the board of
thereof by registered mail or by personal delivery or
election inspectors with indication of the time, place,
by leaving it in the possession of a person of sufficient
and court before which the petition is to be heard.
discretion in the residence of the said person or, in the
Sec. 140. Voters excluded through inadvertence or event that the foregoing procedure is not practicable,
registered with an erroneous or misspelled name. - by posting a copy in a conspicuous place in the city
Any voter registered in the permanent list who has not hall or municipal building and in two other
been included in the list prepared for the election or conspicuous places within the city or municipality, at
who has been included therein with a wrong or least ten days prior to the day set for the hearing.
misspelled name shall have the right to file an
In the interest of justice and to afford the challenged
application on any date with the proper municipal or
voter every opportunity to contest the petition for
metropolitan trial court, for an order directing that his
exclusion, the court concerned may, when the
name be reinstated in the list or that he be registered
challenged voter fails to appear in the first day set for
with his correct name. He shall attach to such
the hearing, order that notice be effected in such
application a certified copy of the entry of his name in
manner and within such period of time as it may
the list of the preceding election, together with proof
decide, which time shall in no case be more than ten
that he has applied without success to the board of
days from the day the respondent is first found in
election inspectors and that he has served notice
default.
thereof upon a member of the board.
(c) Each petition shall refer to only one precinct.
Sec. 141. Change of name of registered voter. - Any
previously registered voter whose name has been (d) No costs shall be assessed in these proceedings.
changed by reason of marriage or by virtue of a court However, if the court should be satisfied that the
order may request the board of election inspectors application has been filed for the sole purpose of
during any of its meetings held under this Article that molesting the adverse party and causing him to incur
his registration in the list be recorded under his or her expenses, it may condemn the culpable party to pay
new name. the costs and incidental expenses.
(e) Any candidate who may be affected by the corresponding copies in the national or provincial
proceedings may intervene and present his evidence. central files of registered voters: Provided, That if this
is not feasible, the registered voter concerned may be
(f) The decision shall be based on the evidence
summoned by the election registrar to effect such
presented. If the question is whether or not the voter is
reconstitution by accomplishing a new application.
real or fictitious, his non-appearance on the day set for
Reconstituted forms shall be clearly marked with the
hearing shall be prima facie evidence that the
word "reconstituted".
registered voter is fictitious. In no case shall a decision
be rendered upon a stipulation of facts. The reconstitution of any lost or destroyed application
for registration shall not affect the criminal liability of
(g) These applications shall be heard and decided
any person or persons who may be responsible for
without delay. The decision shall be rendered within
such loss or destruction.
six hours after the hearing and within ten days from
the date of its filing in court. Cases appealed to the Sec. 147. Examination of registration records. - All
regional trial court shall be decided within ten days registration records in the possession of the city or
from receipt of the appeal in the office of the clerk of municipal election registrar, the provincial election
court. In any case, the court shall decide these petitions supervisor, and the Commission shall, during regular
not later than the day before the election and the office hours, be open to examination by the public with
decision rendered thereon shall be immediately final legitimate inquiries for purposes of election.
and executory, notwithstanding the provisions of
Law enforcement agencies shall, upon prior
Section 138 on the finality of decisions.
authorization by the Commission, have access to said
Sec. 144. Canvass to check registration. - The election registration records should the same be necessary to,
registrar shall, once every two years or more often or in aid of, their investigative functions and duties,
should the Commission deem it necessary in order to subject to regulations promulgated by the
preserve the integrity of the permanent lists of voters, Commission.
conduct verification by mail or house-to-house
Sec. 148. List of voters. - Fifteen days before the date
canvass, or both, of the registered voters of any
of the regular election or special election, referendum
barangay for purposes of exclusion proceedings.
or plebiscite, the board of election inspectors must post
Sec. 145. Annulment of permanent lists of voters. - the final list of voters in each precinct with each and
Any book of voters not prepared in accordance with every page thereof duly signed or subscribed and
the provisions of this Code or the preparation of which sworn to by the members of the board of election
has been effected with fraud, bribery, forgery, inspectors and that failure to comply with this
impersonation, intimidation, force, or any other provision will constitute an election offense.
similar irregularity or which list is statistically
Any candidate or authorized representative of an
improbable may, upon verified petition of any voter or
accredited political party, upon formal request made to
election registrar, or duly registered political party,
an election registrar, shall be entitled to a certified
and after notice and hearing, be annulled by the
copy of the most recent list of voters in any precinct,
Commission: Provided, That no order, ruling or
municipality, city or province, upon payment of a
decision annulling a book of voters shall be executed
reasonable fee as may be prescribed by the
within sixty days before an election.
Commission.
Sec. 146. Reconstitution of lost or destroyed
registration records. - The Commission shall
ARTICLE XIII.
reconstitute all registration records which have been
lost or destroyed. For this purpose, it shall be the duty PRECINCTS AND POLLING PLACES
of the election registrar to immediately report to the
Commission any case of loss or destruction of Sec. 149. Precincts and their establishment. - The unit
approved applications for registration in their custody. of territory for the purpose of voting is the election
Such reconstitution shall be made with the use of the
precinct, and every barangay as of the approval of this (e) Any alteration of the election precincts or the
Act shall have at least one such precinct. establishment of new ones shall be communicated to
the provincial election supervisor, the provincial
The Commission shall establish all election precincts.
superintendent of schools, etc. together with the
The precincts actually established in the preceding corresponding maps, which shall be published as
regular election shall be maintained, but the prescribed in the next succeeding sections.
Commission may introduce such adjustments, changes
Sec. 151. Publication of maps or precincts. - At least
or new divisions or abolish them, if necessary:
five days before the first registration day preceding a
Provided, however, That the territory comprising an
regular election or special election or a referendum or
election precinct shall not be altered or a new precinct
a plebiscite, the Commission shall, through its duly
established within forty-five days before a regular
authorized representative, post in the city hall or
election and thirty days before a special election or a
municipal building and in three other conspicuous
referendum or plebiscite.
places in the city or municipality and on the door of
Sec. 150. Arrangements of election precincts. - (a) each polling place, a map of the city or municipality
Each election precinct shall have, as far as possible not showing its division into precincts with their
more than three hundred voters and shall comprise, as respective boundaries and indicating therein all streets
far as practicable, contiguous and compact territory. and alleys in populous areas and the location of each
(b) When it appears that an election precinct contains polling place.
more than three hundred voters, the Commission shall, These maps shall be kept posted until after the
in the interest of orderly election, and in order to election, referendum or plebiscite.
facilitate the casting of votes, be authorized to divide
Sec. 152. Polling place. - A polling place is the
a precinct not later than one week after the last day of
building or place where the board of election
registration of voters. But the polling place of all the
inspectors conducts its proceedings and where the
precincts created thereby shall be located in the same
voters shall cast their votes.
building or compound where the polling place of the
original precinct is located, and if this be not feasible, Sec. 153. Designation of polling places. - The location
in a place as close as possible to the polling place of of polling places designated in the preceding regular
the original precinct: Provided, however, That the election shall continue with such changes as the
polling place of the new precinct may be located Commission may find necessary, after notice to
elsewhere upon written petition of the majority of the registered political parties and candidates in the
voters of the new precinct: Provided, further, That political unit affected, if any, and hearing: Provided,
when a precinct is divided into two or more precincts, That no location shall be changed within forty-five
the registered voters shall be included in the precinct days before a regular election and thirty days before a
wherein they reside. Every case of alteration of a special election or a referendum or plebiscite, except
precinct shall be duly published by posting a notice of in case it is destroyed or it cannot be used.
any change in conspicuous location in the precinct,
Sec. 154. Requirements for polling places. - Each
and in the municipal building or city hall, as the case
polling place shall be, as far as practicable, a ground
may be.
floor and shall be of sufficient size to admit and
(c) A municipality which has been merged with comfortably accommodate forty voters at one time
another municipality shall constitute at least one outside the guard rail for the board of election
election precinct, if the distance between the remotest inspectors. The polling place shall be located within
barangay of the merged municipality and the nearest the territory of the precinct as centrally as possible
polling place in the municipality to which it has been with respect to the residence of the voters therein and
merged shall, by the shortest road, exceed five whenever possible, such location shall be along a
kilometers. public road. No designation of polling places shall be
changed except upon written petition of the majority
(d) An island or group of islands having one hundred
of the voters of the precinct or agreement of all the
and fifty or more voters shall constitute a precinct.
political parties or by resolution of the Commission meters high. The upper part shall be covered, if
upon prior notice and hearing. necessary, to preserve the secrecy of the ballot. Each
booth shall have in the background a shelf so placed
A public building having the requirements prescribed
that voters can write therein while standing and shall
in the preceding paragraph shall be preferred as
be kept clearly lighted, by artificial lights, if necessary,
polling place.
during the voting.
Sec. 155. Building that shall not be used as polling
The Commission shall post inside each voting booth
places. - No polling place shall be located in a public
and elsewhere in the polling place on the day before
or private building owned, leased, or occupied by any
the election, referendum and plebiscite a list
candidate or of any person who is related to any
containing the names of all the candidates or the issues
candidate within the fourth civil degree of
or questions to be voted for, and shall at all times
consanguinity or affinity, or any officer of the
during the voting period keep such list posted in said
government or leader of any political party, group or
places.
faction, nor in any building or surrounding premises
under the actual control of a private entity, political Sec. 159. Guard rails. - (a) In every polling place there
party or religious organization. In places where no shall be a guard rail between the voting booths and the
suitable public building is available, private school table for the board of election inspectors which shall
buildings may be used as polling places. No polling have separate entrance and exit. The booths shall be so
place shall be located within the perimeter of or inside arranged that they can be accessible only by passing
a military or police camp or reservation or within a through the guard rail and by entering through its open
prison compound. side facing the table of the board of election inspectors.
Any registered voter, candidate or political party may (b) There shall also be a guard rail for the watchers
petition the Commission not later than thirty days between the place reserved for them and the table for
before the first registration day for the transfer of the the board of election inspectors and at a distance of not
polling place from the prohibited buildings provided more than fifty centimeters from the latter so that the
herein. Such petition shall be heard and decided by the watchers may see and read clearly during the counting
Commission within twenty days from the filing of the of the contents of the ballots and see and count the
petition. Failure to effect the transfer of the polling votes recorded by the board of election inspectors
place after the Commission found it to be located in member on the corresponding tally sheets.
violation of this section within the period prescribed
(c) There shall also be, if possible, guard rails
herein shall be a ground for the postponement of the
separating the table of the board of election inspectors
election in the polling place concerned.
from the voters waiting for their turn to cast their
Sec. 156. Signs and flags of polling places. - On the votes, with entrance and exit to give them orderly
day of the voting as well as on any day that the board access to the table and the booths during the voting.
of election inspectors might meet, every polling place
(d) The polling place shall be so arranged that the
shall have in front a sign showing the number of the
booths, the table, the ballot boxes and the whole
precinct to which it belongs and the Philippine flag
polling place, except what is being written within the
shall be hoisted at the proper height.
booths, shall be in plain view of the board of election
Sec. 157. Arrangement and contents of polling places. inspectors, the watchers and other persons who may be
- Each polling place shall conform as much as possible within the polling place.
to the sketch on the following page.
Sec. 160. Ballot boxes. - (a) There shall be in each
Sec. 158. Voting booth. - During the voting, there shall polling place on the day of the voting a ballot box one
be in each polling place a booth for every twenty side of which shall be transparent which shall be set in
voters registered in the precinct. Each booth shall be a manner visible to the voting public containing two
open on the side fronting the table for the board of compartments, namely, the compartment for valid
election inspectors and its three sides shall be closed ballots which is indicated by an interior cover painted
with walls at least seventy centimeters wide and two white and the compartment for spoiled ballots which
is indicated by an interior cover painted red. The boxes reports on these inspections.
shall be uniform throughout the Philippines and shall
be solidly constructed and shall be closed with three
ARTICLE XIV.
different locks as well as three numbered security
locks and such other safety devices as the Commission BOARD OF ELECTION INSPECTORS
may prescribe in such a way that they can not be
opened except by means of three distinct keys and by Sec. 164. Composition and appointment of board of
destroying such safety devices. election inspectors. - At least thirty days before the
(b) In case of the destruction or disappearance of any date when the voters list is to be prepare in accordance
ballot box on election day, the board of election with this Code, in the case of a regular election or
inspectors shall immediately report it to the city or fifteen days before a special election, the Commission
municipal treasurer who shall furnish another box or shall, directly or through its duly authorized
receptacle as equally adequate as possible. The representatives, constitute a board of election
election registrar shall report the incident and the inspectors for each precinct to be composed of a
delivery of a new ballot box by the fastest means of chairman and a poll clerk who must be public school
communication on the same day to the Commission teachers, priority to be given to civil service eligibles,
and to the provincial election supervisor. and two members, each representing the two
accredited political parties. The appointment shall
Sec. 161. Tally boards. - At the beginning of the
state the precinct to which they are assigned and the
counting, there shall be placed within the plain view
date of the appointment.
of the board of election inspectors, watchers and the
public, a tally board where the names of all the Sec. 165. Oath of the members of the board of election
registered candidates or the issues or questions to be inspectors. - The members of the board of election
voted upon shall be written, and the poll clerk shall inspectors, whether permanent, substitute or
record thereon the votes received by each of them as temporary, shall before assuming their office, take and
the chairman of the board of election inspectors reads sign an oath upon forms prepared by the Commission,
the ballot. before an officer authorized to administer oaths or, in
his absence, before any other member of the board of
Sec. 162. Furnishing of ballot boxes, forms,
election inspectors present, or in case no one is
stationeries and materials for election. - The
present, they shall take it before any voter. The oaths
Commission shall prepare and furnish the ballot
shall be sent immediately to the city or municipal
boxes, forms, stationeries and materials necessary for
treasurer.
the registration of voters and the holding of the
election. Sec. 166. Qualification of members of the board of
election inspectors. - No person shall be appointed
The provincial, city and municipal treasurer shall have
chairman, member or substitute member of the board
custody of such election paraphernalia, supplies and
of election inspectors unless he is of good moral
materials as are entrusted to him under the law or rules
character and irreproachable reputation, a registered
of the Commission and shall be responsible for their
voter of the city or municipality, has never been
preservation and storage, and for any loss, destruction,
convicted of any election offense or of any other crime
impairment or damage of any election equipment,
punishable by more than six months of imprisonment,
material or document in their possession furnished
or if he has pending against him an information for any
under this Code.
election offense. He must be able to speak and write
Sec. 163. Inspection of polling places. - Before the day English or the local dialect.
of the election, referendum or plebiscite, the Chairman
Sec. 167. Disqualification. - No person shall serve as
of the Commission shall, through its authorized
chairman or member of the board of election
representatives, see to it that all polling places are
inspectors if he is related within the fourth civil degree
inspected and such omissions and defects as may be
of consanguinity or affinity to any member of the
found corrected. The Commission shall keep the
board of election inspectors or to any candidate to be shall be filled for the remaining period in the manner
voted for in the polling place or his spouse. hereinbefore prescribed.
Sec. 168. Powers of the board of election inspectors. - Sec. 172. Proceedings of the board of election
The board of election inspectors shall have the inspectors. - The meetings of the board of election
following powers and functions: inspectors shall be public and shall be held only in the
polling place authorized by the Commission.
a. Conduct the voting and counting of votes in their
respective polling places; The board of election inspectors shall have full
authority to maintain order within the polling place
b. Act as deputies of the Commission in the
and its premises, to keep access thereto open and
supervision and control of the election in the polling
unobstructed, and to enforce obedience to its lawful
places wherein they are assigned, to assure the holding
orders. If any person shall refuse to obey lawful orders
of the same in a free, orderly and honest manner; and
of the board of election inspectors, or shall conduct
c. Perform such other functions prescribed by this himself in a disorderly manner in its presence or within
Code or by the rules and regulations promulgated by its hearing and thereby interrupt or disturb its
the Commission. proceedings, the board of election inspectors may
Sec. 169. Voting privilege of members of board of issue an order in writing directing any peace officer to
election inspectors. - Members of the board of election take such person into custody until the adjournment of
inspectors and their substitutes may vote in the polling the meeting, but such order shall not be executed as to
place where they are assigned on election day: prevent any person so taken into custody from
Provided, That they are registered voters within the exercising his right to vote. Such order shall be
province, city or municipality where they are assigned: executed by any peace officer to whom it may be
and Provided, finally, That their voting in the polling delivered, but if none be present, by any other person
places where they are not registered voters be noted in deputized by the board of election inspectors in
the minutes of the board of election inspectors. writing.

Sec. 170. Relief and substitution of members of the Sec. 173. Prohibition of political activity. - No
board of election inspectors. - Public school teachers member of the board of election inspectors shall
who are members of the board of election inspectors engage in any partisan political activity or take part in
shall not be relieved nor disqualified from acting as the election except to discharge his duties as such and
such members, except for cause and after due hearing. to vote.

Any member of the board of election inspectors, Sec. 174. Functioning of the board of election
nominated by a political party, as well as his substitute inspectors. - The board of election inspectors shall act
may at any time be relieved from office and substituted through its chairman, and shall decide without delay
with another having the legal qualifications upon by majority vote all questions which may arise in the
petition of the authorized representative of the party performance of its duties.
upon whose nomination the appointment was made, Sec. 175. Temporary vacancies. - If, at the time of the
and it shall be unlawful to prevent said person from, or meeting of the board of election inspectors, any
disturb him in, the performance of the duties of the member is absent, or the office is still vacant, the
said office. A record of each case of substitution shall members present shall call upon the substitute or the
be made, setting forth therein the hour in which the absent members to perform the duties of the latter; and,
replaced member has ceased in the office and the in case such substitute cannot be found, the members
status of the work of the board of election inspectors. present shall appoint any non-partisan registered voter
Said record shall be signed by each member of the of the polling place to temporarily fill said vacancy
board of election inspectors including the incoming until the absent member appears or the vacancy is
and outgoing officers. filled. In case there are two or more members present,
Sec. 171. Vacancy in the board of election inspectors. they shall act jointly: Provided, That if the absent
- Every vacancy in the board of election inspectors member is one who has been proposed by an
accredited political party, the representative of said area, a representative authorized to appoint watchers,
political party or in his absence the watchers belonging furnishing the provincial election supervisor or the city
to said party shall designate a registered voter of the election registrar, as the case may be, the names of
polling place to temporarily fill said vacancy: such representatives. The provincial election
Provided, further, That in the event or refusal or failure supervisors shall furnish the municipal election
of either representative or watchers of said political registrars and election registrars of component cities
party to make the designation, the members of the with the list of such representatives.
board of election inspectors present shall choose a
In the case of Metropolitan Manila, the designation of
non-partisan registered voter of the polling place to fill
the persons authorized to appoint watchers shall be
the vacancy.
filed with the Commission, which shall furnish the list
Sec. 176. Temporary designation of members of the of such representatives to the respective city and
board of election inspectors by watchers. - If at the municipal election registrars.
time the board of election inspectors must meet, all the
Sec. 179. Rights and duties of watchers. - Upon
positions in the board of election inspectors are vacant,
entering the polling place, the watchers shall present
or if not one of the appointed members shall appear,
and deliver to the chairman of the board of election
the watchers present may designate voters of the
inspectors his appointment, and forthwith, his name
polling place to act in the place of said members until
shall be recorded in the minutes with a notation under
the absentees shall appear or the vacancies are filled.
his signature that he is not disqualified under the
Sec. 177. Arrest of absent members. - The member or second paragraph of Section 178. The appointments of
members of the board of election inspectors present the watchers shall bear the personal signature or the
may order the arrest of any other member or substitute facsimile signature of the candidate or the duly
thereof, who in their judgment, has absented himself authorized representatives of the political party or
with intention of obstructing the performance of duties coalition of political parties who appointed him or of
of the board of election inspectors. organizations authorized by the Commission under
Section 180. The watchers shall have the right to stay
in the space reserved for them inside the polling place.
ARTICLE XV.
They shall have the right to witness and inform
WATCHERS themselves of the proceedings of the board of election
inspectors, including its proceedings during the
Sec. 178. Official watchers of candidates. - Every registration of voters, to take notes of what they may
registered political party, coalition of political parties see or hear, to take photographs of the proceedings and
and every independent candidate shall each be entitled incidents, if any, during the counting of votes, as well
to one watcher in every polling place. as of election returns, tally boards and ballot boxes, to
file a protest against any irregularity or violation of
No person shall be appointed watcher unless he is a law which they believe may have been committed by
qualified voter of the city or municipality, of good the board of election inspectors or by any of its
reputation and shall not have been convicted by final members or by any persons, to obtain from the board
judgment of any election offense or of any other crime, of election inspectors a certificate as to the filing of
must know how to read and write Pilipino, English, such protest and/or of the resolution thereon, to read
Spanish or any of the prevailing local dialects, and not the ballots after they shall have been read by the
related within the fourth civil degree of consanguinity chairman, as well as the election returns after they
or affinity to the chairman or any member of the board shall have been completed and signed by the members
of election inspectors in the polling place where he of the board of election inspectors without touching
seeks appointment as a watcher. them, but they shall not speak to any member of the
Each candidate, political party or coalition of political board of election inspectors, or to any voter, or among
parties shall designate in every province, highly themselves, in such a manner as would distract the
urbanized city or district in the Metropolitan Manila proceedings, and to be furnished with a certificate of
the number of votes in words and figures cast for each
candidate, duly signed and thumbmarked by the Notwithstanding the preceding provisions of this
chairman and all the members of the board of election section, the Commission is hereby empowered to
inspectors. Refusal of the chairman and the members prescribe a different form of ballot to facilitate voting
of the board of election inspectors to sign and furnish by illiterate voters and to use or adopt the latest
such certificate shall constitute an election offense and technological and electronic devices as authorized
shall be penalized under this Code. under paragraph (i) of Section 52 hereof.
Sec. 180. Other watchers. - The duly accredited Sec. 182. Emergency ballots. - No ballots other than
citizens arm of the Commission shall be entitled to the official ballots shall be used or counted, except in
appoint a watcher in every polling place. Other civic, the event of failure to receive the official ballots on
religious, professional, business, service, youth and time, or where there are no sufficient ballots for all
any other similar organizations, with prior authority of registered voters or where they are destroyed at such
the Commission, shall be entitled collectively to time as shall render it impossible to provide other
appoint one watcher in every polling place. official ballots, in which cases the city or municipal
treasurer shall provide other ballots which shall be as
similar to the official ones as circumstances will
ARTICLE XVI.
permit and which shall be uniform within each polling
OFFICIAL BALLOTS AND ELECTION RETURNS place. The treasurer shall immediately report such
action to the Commission.
Sec. 181. Official ballots. - Ballots for national and The municipal treasurer shall not undertake the
local offices shall be of uniform size and color and preparation of the emergency ballots unless the
shall be provided at public expense. They shall be political parties, candidates and the organizations
printed on paper with watermarks or other marks that collectively authorized by the Commission to
will readily distinguish the ballot paper from ordinary designate watchers have been sufficiently notified to
paper. Each ballot shall be in the shape of a strip with send their representatives and have agreed in writing
stub and detachable coupon containing the serial to the preparation and use of emergency ballots.
number of the ballot, and a space for the thumbmark
Sec. 183. Requisition of official ballots and election
of the voter on the detachable coupon. It shall bear at
returns. - Official ballots and election returns shall be
the top on the middle portion thereof the coat of arms
printed upon orders of the Commission. Requisition of
of the Republic of the Philippines, the words "Official
official ballots shall be for each city and municipality,
Ballot", the name of the city or the municipality and
at the rate of one and one-fifth ballots for every
province in which the election is held, the date of the
registered voter in the next preceding election; and for
election, and the following notice: "Fill out this ballot
election returns, at one set thereof for every polling
secretly inside the voting booth. Do not put any
place.
distinctive mark on any part of this ballot."
Sec. 184. Printing of official ballots and elections
The ballot shall also contain the names of all the
returns. - The official ballots and election returns shall
offices to be voted for in the election, allowing
be printed by the Government Printing Office and/or
opposite the name of each office, sufficient space or
the Central Bank printing facilities exclusively, under
spaces with horizontal lines where the voter may write
the exclusive supervision and control of the
the name or names of the individual candidates voted
Commission which shall determine and provide the
for by him.
necessary security measures in the printing, storage
There shall not be anything on the reverse side of the and distribution thereof.
ballot.
Each ballot shall be joined by a perforated line to a
Ballots in cities and municipalities where Arabic is of stub numbered consecutively, beginning with number
general use shall have each of the titles of offices to be "1" in each city and municipality. Each ballot shall
voted printed in Arabic in addition to and immediately also have at the bottom a detachable coupon bearing
below the English title. the same number of the stub. Each pad of ballots shall
bear on its cover the name of the city or municipality The Commission shall prescribe the use of official
in which the ballots are to be used and the inclusive delivery receipts to be signed by the election registrar
serial numbers of the ballots contained therein. and the chairman of the board of canvassers upon
receipt of the election returns.
The official ballots shall be bound in separate pads of
fifty or one hundred ballots each as may be required. No official ballots or election returns shall be
delivered to the board of election inspectors earlier
The election returns shall be prepared in sets of six
than the first hour of election day: Provided, however,
copies per set and shall be numbered consecutively,
That the Commission, after written notice to the
beginning with number "1" in each city and
registered political parties and the candidates, may, for
municipality. Each set of the election returns shall be
justifiable reasons, authorize the delivery of said
printed in such a manner that will ensure that the
official ballots and election returns to the board of
entries on the original of the returns are clearly
election inspectors of any particular polling place at an
reproduced on the other copies thereof and shall bear
earlier date.
the name of the city or municipality in which the
returns are to be used. For this purposes, the Sec. 187. Committee on printing, storage, and
Commission shall acquire, if necessary, a special kind distribution of official ballots and election returns. -
of carbon paper or chemically treated paper. The Commission shall appoint a committee of five
members, two of whom shall be from among its
Sec. 185. Sample official ballots. - The Commission
personnel, the third to be designated by the
shall provide the board of election inspectors with
Commission on Audit, and the last two to be
sample official ballots at the rate of thirty ballots per
designated by the ruling party and the dominant
polling place. The sample official ballots shall be
opposition party to act as its representatives in
printed on colored paper, in all respects like the official
supervising the printing, storage and distribution of
ballots but bearing instead the words "Sample Official
official ballots and election returns.
Ballot", to be shown to the public and used in
demonstrating how to fill out and fold the official Upon the request of any candidate, political party or of
ballots properly. No name of any actual candidate shall civic, religious, professional, business, service, youth
be written on the spaces for voting on the sample or any similar organizations collectively designated by
official ballots provided by the Commission, nor shall the Commission, the latter shall allow any person
they be used for voting. designated by any of the former as watcher to observe
the proceedings of the committee on the printing of
Sec. 186. Distribution of official ballots and election
official ballots and election returns, file objections, if
returns. - The official ballots and the election returns
any, witness the printing and distribution of the ballots
shall be distributed by the Commission to each city
and the returns and guard the premises of the printer.
and municipality at the rate of one and one-fifth ballots
for every voter registered in each polling place; and for Sec. 188. Duties of the committee on printing of
election returns, at the rate of one set each for every official ballots and election returns. - Under such
polling place. orders or instructions as the Commission may issue,
and in addition to general supervision and control over
The provincial, city or municipal treasurer shall
the printing and shipment of official ballots and
respectively keep a record of the quantity and serial
election returns, the committee on printing of official
numbers of official ballots and election returns
ballots and election returns shall (a) take charge of the
furnished the various provinces, cities, municipalities
room or rooms where the paper and paraphernalia used
and polling places, as the case may be, legible copies
in the printing of official ballots and election returns
of which record shall be furnished the duly authorized
are stored and where printed official ballots and
provincial, city or municipal representatives of the
election returns are packed and prepared for shipment,
ruling party and the dominant opposition party, and the
(b) supervise all aspects relating to the printing,
Commission immediately after the distribution is
storage and shipment of official ballots and election
made of such official ballots and election returns.
returns and report to the Commission any irregularity
which they believe may have been committed, and (c)
perform such other related functions as the (b) Immediately thereafter, the chairman of the board
Commission may direct. of election inspectors shall open the ballot box, empty
both of its compartments, exhibit them to all those
Sec. 189. Representatives of the registered political
present and being empty, lock its interior covers with
parties in the verification and distribution of official
three padlocks.
ballots and election returns. - The ruling party and the
dominant opposition party or their respective duly (c) The chairman shall forthwith show to the public
authorized representatives in the different provinces, and the watchers present the package of official ballots
cities and municipalities, shall submit the names of received from the city, or municipal treasurer duly
their respective watchers who, together with the wrapped and sealed and the number of pads, the serial
representatives of the Commission and the provincial, numbers and the type forms of the ballots in each pad
city and municipal treasurer shall verify the contents appearing on the cover, and the book of voters duly
of the boxes containing the shipment of official sealed. The board of election inspectors shall then
ballots, election returns and sample official ballots break the seals of the package of official ballots and
received by the said treasurers. The provincial the book of voters. The board of election inspectors
treasurers shall keep a record of their receipt and shall enter in the minutes the fact that the package of
distribution to each municipal treasurer, while the city ballots, and the book of voters were shown to the
and municipal treasurer shall each keep a record of public with their wrapping and corresponding seals
their distribution to the board of election inspectors. intact and/or if they find that the wrapping and seals
are broken, such fact must be stated in the minutes as
well as the number of pads and the serial numbers of
ARTICLE XVII.
ballots that they find in the package.
CASTING OF VOTES
Ballots with separately printed serial numbers shall be
deemed spurious and shall not be utilized by the board
Sec. 190. Voting hours. - The casting of votes shall of election inspectors unless the Commission
start at seven o'clock in the morning and shall end at representative shall order their use in writing, stating
three o'clock in the afternoon, except when there are the reasons therefor.
voters present within thirty meters in front of the
(d) The chairman and the two party members of the
polling place who have not yet cast their votes, in
board of election inspectors shall retain in their
which case the voting shall continue but only to allow
possession their respective keys to the padlocks during
said voters to cast their votes without interruption. The
the voting.
poll clerk shall, without delay, prepare a complete list
containing the names of said voters consecutively (e) The box shall remain locked until the voting is
numbered, and the voters so listed shall be called to finished and the counting begins. However, if it should
vote by announcing each name repeatedly three times become necessary to make room for more ballots, the
in the order in which they are listed. Any voter in the board of election inspectors may open the box in the
list who is not present when his name is called out shall presence of the whole board of election inspectors and
not be permitted to vote. the watchers, and the chairman shall press down with
his hands the ballots contained therein without
Sec. 191. Preliminaries to the voting. - (a) The board
removing any of them, after which the board of
of election inspectors shall meet at the polling place at
election inspectors shall close the box and lock it with
six-thirty o'clock in the morning of election day and
three padlocks as hereinbefore provided.
shall have the book of voters containing all the
approved applications of registration of voters Sec. 192. Persons allowed in and around the polling
pertaining to the polling place, the certified list of place. - During the voting, no person shall be allowed
voters, the certified list of candidates, the ballot box, inside the polling place, except the members of the
the official ballots, sufficient indelible pencils or ball board of election inspectors, the watchers, the
pens for the use of the voters, the forms to be used, and representatives of the Commission, the voters casting
all other materials which may be necessary. their votes, the voters waiting for their turn to get
inside the booths whose number shall not exceed twice the table of the board of election inspectors. The voters
the number of booths and the voters waiting for their after having cast their votes shall immediately depart.
turn to cast their votes whose number shall not exceed
Sec. 194. Manner of obtaining ballots. - The voter shall
twenty at any one time. The watchers shall stay only
approach the chairman and shall give his name and
in the space reserved for them, it being illegal for them
address together with other data concerning his
to enter places reserved for the voters or for the board
person. In case any member of the board of election
of election inspectors or to mingle and talk with the
inspectors doubts the identity of the voter, the board of
voters within the polling place.
election inspectors shall check his voter's
It shall be unlawful for any officer or member of the identification card or, if he does not have any, the
Armed Forces of the Philippines including the board of election inspectors shall refer to his
Philippine Constabulary or the Integrated National photograph and signature in the voter's application for
Police or peace officer or any armed person belonging registration. If the board of election inspectors is
to any extra-legal police agency, special forces, satisfied with his identity, the chairman shall distinctly
reaction forces, strike forces, home defense units, announce the voter's name in a tone loud enough to be
barangay tanod, or other similar forces or para- plainly heard throughout the polling place. If such
military forces, including special forces, security voter has not been challenged, or if having been
guards, special policeman, and all other kinds of challenged, the question has been decided in his favor,
armed or unarmed extra-legal police officers, to enter the voter shall forthwith affix his signature in the
any polling place, unless it is his polling place where proper space in the voting record, and the chairman
he will vote but in such case he should immediately shall, after first entering the number of the ballot in the
leave the polling place, no policeman or peace officer corresponding space of the voting record, deliver to
shall be allowed to enter or stay inside the polling the voter one ballot correctly folded. No person other
place except when there is an actual disturbance of the than the chairman shall deliver official ballots nor
peace and order therein. However, the board of shall more than one ballot be delivered at one time.
election inspectors upon majority vote, if it deems
Sec. 195. Manner of preparing the ballot. - The voter,
necessary, may make a call in writing, duly entered in
upon receiving his folded ballot, shall forthwith
the minutes, for the detail of a policeman or any peace
proceed to one of the empty voting booths and shall
officer for their protection or for the protection of the
there fill his ballot by writing in the proper space for
election documents and paraphernalia, in which case,
each office the name of the individual candidate for
the said policeman or peace officer shall stay outside
whom he desires to vote.
the polling place within a radius of thirty meters near
enough to be easily called by the board of election No voter shall be allowed to enter a booth occupied by
inspectors at any time, but never at the door, and in no another, nor enter the same accompanied by
case shall the said policeman or peace officer hold any somebody, except as provided for in the succeeding
conversation with any voter or disturb or prevent or in section hereof, nor stay therein for a longer time than
any manner obstruct the free access of the voters to the necessary, nor speak with anyone other than as herein
polling place. It shall likewise be unlawful for any provided while inside the polling place. It shall be
barangay official to enter and stay inside any polling unlawful to prepare the ballot outside the voting booth,
place except to vote or except when serving as a or to exhibit its contents to any person, or to erase any
watcher or member of the board of election inspectors, printing from the ballot, or to intentionally tear or
in which case, he shall leave the polling place deface the same or put thereon any distinguishing
immediately after voting. mark. It shall likewise be unlawful to use carbon
paper, paraffin paper, or other means for making a
Sec. 193. Order of voting. - The voters shall vote in the
copy of the contents of the ballot or make use of any
order of their entrance into the polling place. The
other means to identify the vote of the voter.
voters shall have the right to freely enter the polling
place as soon as they arrive unless there are voters Sec. 196. Preparation of ballots for illiterate and
waiting inside, in which case they shall fall in line in disabled persons. - A voter who is illiterate or
the order of their arrival and shall not crowd around physically unable to prepare the ballot by himself may
be assisted in the preparation of his ballot by a relative, (c) The chairman, in the presence and view of the voter
by affinity or consanguinity within the fourth civil and all the members of the board of election
degree or if he has none, by any person of his inspectors, without unfolding the ballot or seeing its
confidence who belong to the same household or any contents, shall verify its number from the voting
member of the board of election inspectors, except the record where it was previously entered.
two party members: Provided, That no voter shall be
(d) The voter shall fortwith affix his thumbmark by the
allowed to vote as illiterate or physically disabled
side of his signature in the space intended for that
unless it is so indicated in his registration record:
purpose in the voting record and the chairman shall
Provided, further, That in no case shall an assistor
apply silver nitrate and commassie blue on the right
assist more than three times except the non-party
forefinger nail or on any other available finger nail, if
members of the board of election inspectors. The
there be no forefinger nail.
person thus chosen shall prepare the ballot for the
illiterate or disabled voter inside the voting booth. The (e) The chairman shall sign in the proper space beside
person assisting shall bind himself in a formal the thumbmark of the voter.
document under oath to fill out the ballot strictly in (f) The chairman, after finding everything to be in
accordance with the instructions of the voter and not order, shall then detach the coupon in the presence of
to reveal the contents of the ballot prepared by him. the board of election inspectors and of the voter and
Violation of this provision shall constitute an election shall deposit the folded ballot in the compartment for
offense. valid ballots, and the detached coupon in the
Sec. 197. Spoiled ballots. - If a voter should compartment for spoiled ballots.
accidentally spoil or deface a ballot in such a way that (g) The voter shall then depart.
it cannot lawfully be used, he shall surrender if folded
to the chairman who shall note in the corresponding Any ballot returned to the chairman whose detachable
space in the voting record that said ballot is spoiled. coupon has been removed not in the presence of the
The voter shall then be entitled to another ballot which board of election inspectors and of the voter, or any
the chairman shall give him after announcing the serial ballot whose number does not coincide with the
number of the second ballot and recording said serial number of the ballot delivered to the voter, as entered
number in the corresponding spaces in the voting in the voting record, shall be considered as spoiled and
record. If the second ballot is again spoiled or defaced shall be so marked and signed by the members of the
in such a way that it cannot lawfully be used, the same board of election inspectors.
shall be surrendered to the chairman and recorded in Sec. 199. Challenge of illegal voters. - (a) Any voter,
the same manner as the first spoiled or defaced ballot. or watcher may challenge any person offering to vote
However, no voter shall change his ballot more than for not being registered, for using the name of another
twice. or suffering from existing disqualification. In such
The spoiled ballot shall, without being unfolded and case, the board of election inspectors shall satisfy itself
without removing the detachable coupon, be distinctly as to whether or not the ground for the challenge is true
marked with the word "spoiled" and signed by the by requiring proof of registration or the identity of the
board of election inspectors on the endorsement fold voter; and
thereof and immediately placed in the compartment (b) No voter shall be required to present his voter's
for spoiled ballots. affidavit on election day unless his identity is
Sec. 198. Voting. - (a) After the voter has filled his challenged. His failure or inability to produce his
ballot he shall fold it in the same manner as when he voter's affidavit upon being challenged, shall not
received it and return it to the chairman. preclude him from voting if his identity be shown from
the photograph, fingerprints, or specimen signatures in
(b) In the presence of all the members of the board of his approved application in the book of voters or if he
election inspectors, he shall affix his thumbmark on is identified under oath by a member of the board of
the corresponding space in the coupon, and deliver the
folded ballot to the chairman.
election inspectors and such identification shall be 4. The number of voters who cast their votes;
reflected in the minutes of the board.
5. The number of voters challenged during the voting;
Sec. 200. Challenge based on certain illegal acts. - Any
6. The names of the watchers present;
voter or watcher may challenge any voter offering to
vote on the ground that the challenged person has 7. The time the counting of votes commenced and
received or expects to receive, has paid, offered or ended;
promised to pay, has contributed, offered or promised 8. The number of official ballots found inside the
to contribute money or anything of value as compartment for valid ballots;
consideration for his vote or for the vote of another;
that he has made or received a promise to influence the 9. The number of valid ballots, if any, retrieved from
giving or withholding of any such vote or that he has the compartment for spoiled ballots;
made a bet or is interested directly or indirectly in a 10. The number of ballots, if any, found folded
bet which depends upon the result of the election. The together;
challenged person shall take a prescribed oath before
the board of election inspectors that he has not 11. The number of spoiled ballots withdrawn from the
committed any of the acts alleged in the challenge. compartment for valid ballots;
Upon the taking of such oath, the challenge shall be 12. The number of excess ballots;
dismissed and the challenged voter shall be allowed to
vote, but in case of his refusal to take such oath, the 13. The number of marked ballots;
challenge shall be sustained and he shall not be 14. The number of ballots read and counted;
allowed to vote.
15. The time the election returns were signed and
Sec. 201. Admission of challenged vote immaterial in sealed in their respective special envelopes;
criminal proceedings. - The admission of the
16. The number and nature of protests made by
challenged vote under the two preceding sections shall
watchers; and
not be conclusive upon any court as to the legality of
the registration of the voter challenged or his vote in a 17. Such other matters that the Commission may
criminal action against such person for illegal require.
registration or voting.
Copies of this statement after being duly accomplished
Sec. 202. Record of challenges and oaths. - The poll shall be sealed in separate envelopes and shall be
clerk shall keep a prescribed record of challenges and distributed as follows: (a) the original to the city or
oaths taken in connection therewith and the resolution municipal election registrar; (b) the second copy to be
of the board of election inspectors in each case and, deposited inside the compartment for valid ballots of
upon the termination of the voting, shall certify that it the ballot box; and (c) the third and fourth copies to
contains all the challenges made. The original of this the representatives of the accredited political parties.
record shall be attached to the original copy of the
Sec. 204. Disposition of unused ballots at the close of
minutes of the voting as provided in the succeeding
the voting hours. - The chairman of the board of
section.
election inspectors shall prepare a list showing the
Sec. 203. Minutes of voting and counting of votes. - number of unused ballots together with the serial
The board of election inspectors shall prepare and sign numbers. This list shall be signed by all the members
a statement in four copies setting forth the following: of the board of election inspectors, after which all the
unused ballots shall be torn halfway in the presence of
1. The time the voting commenced and ended;
the members of the board of election inspectors.
2. The serial numbers of the official ballots and
Sec. 205. Prohibition of premature announcement of
election returns, special envelopes and seals received;
voting. - No member of the board of election
3. The number of official ballots used and the number inspectors shall, before the termination of the voting,
left unused; make any announcement as to whether a certain
registered voter has already voted or not, as to how they shall be placed in the envelope for excess ballots.
many have already voted or how many so far have In case ballots with their detachable coupons be found
failed to vote, or any other fact tending to show or in the box, such coupons shall be removed and
showing the state of the polls, nor shall he make any deposited in the compartment for spoiled ballots, and
statement at any time, except as witness before a court, the ballots shall be included in the file of valid ballots.
as to how any person voted. If ballots with the words "spoiled" be found in the box,
such ballots shall likewise be placed in the
compartment for spoiled ballots.
ARTICLE XVIII.
Sec. 208. Marked ballots. - The board of election
COUNTING OF VOTES
inspectors shall then unfold the ballots and determine
whether there are any marked ballots, and, if any be
Sec. 206. Counting to be public and without found, they shall be placed in an envelope labelled
interruption. - As soon as the voting is finished, the "marked ballots" which shall be sealed and signed by
board of election inspectors shall publicly count in the the members of the board of election inspectors and
polling place the votes cast and ascertain the results. placed in the compartment for valid ballots and shall
The board of election inspectors shall not adjourn or not be counted. A majority vote of the board of
postpone or delay the count until it has been fully election inspectors shall be sufficient to determine
completed, unless otherwise ordered by the whether any ballot is marked or not. Non-official
Commission. ballots which the board of election inspectors may
The Commission, in the interest of free, orderly, and find, except those which have been used as emergency
honest elections, may order the board of election ballots, shall be considered as marked ballots.
inspectors to count the votes and to accomplish the Sec. 209. Compartment for spoiled ballots. - The
election returns and other forms prescribed under this ballots deposited in the compartment for spoiled
Code in any other place within a public building in the ballots shall be presumed to be spoiled ballots,
same municipality or city: Provided, That the said whether or not they contain such notation; but if the
public building shall not be located within the board of election inspectors should find that during the
perimeter of or inside a military or police camp or voting any valid ballot was erroneously deposited in
reservation nor inside a prison compound. this compartment, or if any ballot separated as excess
Sec. 207. Excess ballots. - Before proceeding to count or marked had been erroneously deposited therein, the
the votes the board of election inspectors shall count board of election inspectors shall open said
the ballots in the compartment for valid ballots without compartment after the voting and before the counting
unfolding them or exposing their contents, except so of votes for the sole purpose of drawing out the ballots
far as to ascertain that each ballot is single, and erroneously deposited therein. It shall then prepare and
compare the number of ballots in the box with the sign a statement of such fact and lock the box with its
number of voters who have voted. If there are excess three keys immediately thereafter. The valid ballots so
ballots, they shall be returned in the box and withdrawn shall be mixed with the other valid ballots,
thoroughly mixed therein, and the poll clerk, without and the excess or marked ballots shall be placed in
seeing the ballots and with his back to the box, shall their proper envelopes which shall for such purposes
publicly draw out as may ballots as may be equal to be opened and again labelled, sealed, signed and kept
the excess and without unfolding them, place them in as hereinafter provided.
an envelope which shall be marked "excess ballots" Sec. 210. Manner of counting votes. - The counting of
and which shall be sealed and signed by the members votes shall be made in the following manner: the board
of the board of election inspectors. The envelope shall of election inspectors shall unfold the ballots and form
be placed in the compartment for valid ballots, but its separate piles of one hundred ballots each, which shall
contents shall not be read in the counting of votes. If be held together with rubber bands, with cardboard of
in the course of the examination ballots are found the size of the ballots to serve as folders. The chairman
folded together before they were deposited in the box, of the board of election inspectors shall take the ballots
of the first pile one by one and read the names of if there is no other candidate with the same first name
candidates voted for and the offices for which they or surname for the same office.
were voted in the order in which they appear thereon,
2. Where only the first name of a candidate is written
assuming such a position as to enable all of the
on the ballot, which when read, has a sound similar to
watchers to read such names. The chairman shall sign
the surname of another candidate, the vote shall be
and affix his right hand thumbmark at the back of the
counted in favor of the candidate with such surname.
ballot immediately after it is counted. The poll clerk,
If there are two or more candidates with the same full
and the third member, respectively, shall record on the
name, first name or surname and one of them is the
election returns and the tally board or sheet each vote
incumbent, and on the ballot is written only such full
as the names voted for each office are read.
name, first name or surname, the vote shall be counted
Each vote shall be recorded by a vertical line, except in favor of the incumbent.
every fifth vote which shall be recorded by a diagonal
3. In case the candidate is a woman who uses her
line crossing the previous four vertical lines. One party
maiden or married surname or both and there is
member shall see to it that the chairman reads the vote
another candidate with the same surname, a ballot
as written on the ballot, and the other shall check the
bearing only such surname shall be counted in favor of
recording of the votes on the tally board or sheet and
the candidate who is an incumbent.
the election returns seeing to it that the same are
correctly accomplished. After finishing the first pile of 4. When two or more words are written on the same
ballots, the board of election inspectors shall line on the ballot, all of which are the surnames of two
determine the total number of votes recorded for each or more candidates, the same shall not be counted for
candidate, the sum being noted on the tally board or any of them, unless one is a surname of an incumbent
sheet and on the election returns. In case of who has served for at least one year in which case it
discrepancy such recount as may be necessary shall be shall be counted in favor of the latter.
made. The ballots shall then be grouped together again When two or more words are written on different lines
as before the reading. Thereafter, the same procedure on the ballot all of which are the surnames of two or
shall be followed with the second pile of ballots and so more candidates bearing the same surname for an
on successively. After all the ballots have been read, office for which the law authorizes the election of
the board of election inspectors shall sum up the totals more than one and there are the same number of such
recorded for each candidate, and the aggregate sum surnames written as there are candidates with that
shall be recorded both on the tally board or sheet and surname, the vote shall be counted in favor of all the
on the election returns. It shall then place the counted candidates bearing the surname.
ballots in an envelope provided for the purpose, which
shall be closed signed and deposited in the 5. When on the ballot is written a single word which is
compartment for valid ballots. The tally board or sheet the first name of a candidate and which is at the same
as accomplished and certified by the board of election time the surname of his opponent, the vote shall be
inspectors shall not be changed or destroyed but shall counted in favor of the latter.
be kept in the compartment for valid ballots. 6. When two words are written on the ballot, one of
Sec. 211. Rules for the appreciation of ballots. - In the which is the first name of the candidate and the other
reading and appreciation of ballots, every ballot shall is the surname of his opponent, the vote shall not be
be presumed to be valid unless there is clear and good counted for either.
reason to justify its rejection. The board of election 7. A name or surname incorrectly written which, when
inspectors shall observe the following rules, bearing in read, has a sound similar to the name or surname of a
mind that the object of the election is to obtain the candidate when correctly written shall be counted in
expression of the voter's will: his favor;
1. Where only the firs name of a candidate or only his 8. When a name of a candidate appears in a space of
surname is written, the vote for such candidate is valid, the ballot for an office for which he is a candidate and
in another space for which he is not a candidate, it shall
be counted in his favor for the office for which he is a surname of the candidate is correctly written but with
candidate and the vote for the office for which he is different first name, the vote shall not be counted in
not a candidate shall be considered as stray, except favor of any candidate having such first name and/or
when it is used as a means to identify the voter, in surname but the ballot shall be considered valid for
which case, the whole ballot shall be void. other candidates.
If the word or words written on the appropriate blank 16. Any ballot written with crayon, lead pencil, or in
on the ballot is the identical name or surname or full ink, wholly or in part, shall be valid.
name, as the case may be, of two or more candidates
17. Where there are two or more candidates voted for
for the same office none of whom is an incumbent, the
in an office for which the law authorizes the election
vote shall be counted in favor of that candidate to
of only one, the vote shall not be counted in favor of
whose ticket belong all the other candidates voted for
any of them, but this shall not affect the validity of the
in the same ballot for the same constituency.
other votes therein.
9. When in a space in the ballot there appears a name
18. If the candidates voted for exceed the number of
of a candidate that is erased and another clearly
those to be elected, the ballot is valid, but the votes
written, the vote is valid for the latter.
shall be counted only in favor of the candidates whose
10. The erroneous initial of the first name which names were firstly written by the voter within the
accompanies the correct surname of a candidate, the spaces provided for said office in the ballot until the
erroneous initial of the surname accompanying the authorized number is covered.
correct first name of a candidate, or the erroneous
19. Any vote in favor of a person who has not filed a
middle initial of the candidate shall not annul the vote
certificate of candidacy or in favor of a candidate for
in favor of the latter.
an office for which he did not present himself shall be
11. The fact that there exists another person who is not considered as a stray vote but it shall not invalidate the
a candidate with the first name or surname of a whole ballot.
candidate shall not prevent the adjudication of the vote
20. Ballots containing the name of a candidate printed
of the latter.
and pasted on a blank space of the ballot or affixed
12. Ballots which contain prefixes such as "Sr.", thereto through any mechanical process are totally null
"Mr.", "Datu", "Don", "Ginoo", "Hon.", "Gob." or and void.
suffixes like "Hijo", "Jr.", "Segundo", are valid.
21. Circles, crosses or lines put on the spaces on which
13. The use of the nicknames and appellations of the voter has not voted shall be considered as signs to
affection and friendship, if accompanied by the first indicate his desistance from voting and shall not
name or surname of the candidate, does not annul such invalidate the ballot.
vote, except when they were used as a means to
22. Unless it should clearly appear that they have been
identify the voter, in which case the whole ballot is
deliberately put by the voter to serve as identification
invalid: Provided, That if the nickname used is
marks, commas, dots, lines, or hyphens between the
unaccompanied by the name or surname of a candidate
first name and surname of a candidate, or in other parts
and it is the one by which he is generally or popularly
of the ballot, traces of the letter "T", "J", and other
known in the locality, the name shall be counted in
similar ones, the first letters or syllables of names
favor of said candidate, if there is no other candidate
which the voter does not continue, the use of two or
for the same office with the same nickname.
more kinds of writing and unintentional or accidental
14. Any vote containing initials only or which is flourishes, strokes, or strains, shall not invalidate the
illegible or which does not sufficiently identify the ballot.
candidate for whom it is intended shall be considered
23. Any ballot which clearly appears to have been
as a stray vote but shall not invalidate the whole ballot.
filled by two distinct persons before it was deposited
15. If on the ballot is correctly written the first name in the ballot box during the voting is totally null and
of a candidate but with a different surname, or the void.
24. Any vote cast in favor of a candidate who has been The Commission shall take steps so that the entries on
disqualified by final judgment shall be considered as the first copy of the election returns are clearly
stray and shall not be counted but it shall not invalidate reproduced on the second, third, fourth, fifth, and sixth
the ballot. copies thereof, and for this purpose the Commission
shall use a special kind of paper.
25. Ballots wholly written in Arabic in localities where
it is of general use are valid. To read them, the board Immediately upon the accomplishment of the election
of election inspectors may employ an interpreter who returns, each copy thereof shall be sealed in the
shall take an oath that he shall read the votes correctly. presence of the watchers and the public, and placed in
the proper envelope, which shall likewise be sealed
26. The accidental tearing or perforation of a ballot
and distributed as herein provided.
does not annul it.
Any election return with a separately printed serial
27. Failure to remove the detachable coupon from a
number or which bears a different serial number from
ballot does not annul such ballot.
that assigned to the particular polling place concerned
28. A vote for the President shall also be a vote for the shall not be canvassed. This is to be determined by the
Vice-President running under the same ticket of a board of canvassers prior to its canvassing on the basis
political party, unless the voter votes for a Vice- of the certification of the provincial, city or municipal
President who does not belong to such party. treasurer as to the serial number of the election return
Sec. 212. Election returns. - The board of election assigned to the said voting precinct, unless the
inspectors shall prepare the election returns Commission shall order in writing for its canvassing,
simultaneously with the counting of the votes in the stating the reason for the variance in serial numbers.
polling place as prescribed in Section 210 hereof. The If the signatures and/or thumbmarks of the members
return shall be prepared in sextuplicate. The recording of the board of election inspectors or some of them as
of votes shall be made as prescribed in said section. required in this provision are missing in the election
The entry of votes in words and figures for each returns, the board of canvassers may summon the
candidate shall be closed with the signature and the members of the board of election inspectors concerned
clear imprint of the thumbmark of the right hand of all to complete the returns.
the members, likewise to be affixed in full view of the
Sec. 213. Proclamation of the result of the election in
public, immediately after the last vote recorded or
the polling place. - Upon the completion of the election
immediately after the name of the candidate who did
returns, the chairman of the board of election
not receive any vote.
inspectors shall orally and publicly announce the total
The returns shall also show the date of the election, the number of votes received in the election in the polling
polling place, the barangay and the city of place by each and every one of the candidates, stating
municipality in which it was held, the total number of their corresponding office.
ballots found in the compartment for valid ballots, the
Sec. 214. Disposition of election returns. - (1) In a
total number of valid ballots withdrawn from the
presidential election: the board of election inspectors
compartment for spoiled ballots because they were
shall prepare in handwriting and sign the returns of the
erroneously placed therein, the total number of excess
election in sextuplicate in their respective polling
ballots, the total number of marked or void ballots, and
place in a form to be prescribed by the Commission.
the total number of votes obtained by each candidate,
One copy shall be deposited in the compartment of the
writing out the said number in words and figures and,
ballot box for valid ballots, and in the case of
at the end thereof, the board of election inspectors shall
municipalities two copies including the original copy
certify that the contents are correct. The returns shall
shall be handed to the municipal election registrar who
be accomplished in a single sheet of paper, but if this
shall immediately deliver the original copy to the
is not possible, additional sheets may be used which
provincial election supervisor and forward the other
shall be prepared in the same manner as the first sheet
copy to the Commission, and one copy each to the
and likewise certified by the board of election
authorized representatives of the accredited political
inspectors.
parties. In the case of the cities, the city registrar shall Sec. 216. Alterations and corrections in the election
retain the original copy for submission to the returns. - Any correction or alteration made in the
provincial election supervisor, and forward the other election, returns by the board of election inspectors
copy to the Commission. before the announcement of the results of the election
in the polling place shall be duly initialed by all the
(2) In the election for Members of the Batasang
members thereof.
Pambansa: the original of the election returns shall be
delivered to the election registrar of the city or After the announcement of the results of the election
municipality for transmittal to the chairman of the in the polling place has been made, the board of
provincial board of canvassers, and direct to the election inspectors shall not make any alteration or
chairman of the city or district board of canvassers in amendment in any of the copies of the election returns,
the urbanized cities and the districts of Metropolitan unless so ordered by the Commission upon petition of
Manila, as the case may be, for use in the canvass. The the members of the board of election inspectors within
second copy shall likewise be delivered to the election five days from the date of the election or twenty-four
registrar for transmittal to the Commission. The third hours from the time a copy of the election returns
copy shall be deposited in the compartment for valid concerned is opened by the board of canvassers,
ballots. The fourth copy shall be delivered to the whichever is earlier. The petition shall be
election registrar who shall use said copy in the accompanied by proof of service upon all candidates
tabulation of the advance results of the election in the affected. If the petition is by all members of the board
city or municipality. The fifth and sixth copies shall of election inspectors and the results of the election
each respectively be delivered to the members would not be affected by said correction and none of
representing political parties represented in the board the candidates affected objects thereto, the
of election inspectors. Commission, upon being satisfied of the veracity of
the petition and of the error alleged therein, shall order
(3) In local elections: the original copy of the election
the board of election inspectors to make the proper
returns shall be delivered to the city or municipal
correction on the election returns.
board of canvassers as a body for its use in the city of
municipal canvass. The second copy shall be delivered However, if a candidate affected by said petition
to the election registrar of the city or municipality for objects thereto, whether the petition is filed by all or
transmittal to the provincial board of canvassers as a only a majority of the members of the board of election
body for its use in the provincial canvass. The third inspectors and the results of the election would be
copy shall likewise be delivered to the election affected by the correction sought to be made, the
registrar for transmittal to the Commission. The fourth Commission shall proceed summarily to hear the
copy shall be deposited in the compartment for valid petition. If it finds the petition meritorious and there
ballots. The fifth and sixth copies shall each are no evidence or signs indicating that the identity and
respectively be delivered to the members representing integrity of the ballot box have been violated, the
the political parties represented in the board of election Commission shall order the opening of the ballot box.
inspectors. After satisfying itself that the integrity of the ballots
therein has also been duly preserved, the Commission
The Commission shall promulgate rules for the speedy
shall order the recounting of the votes of the
and safe delivery of the election returns.
candidates affected and the proper corrections made
Sec. 215. Board of election inspectors to issue a on the election returns, unless the correction sought is
certificate of the number of votes polled by the such that it can be made without need of opening the
candidates for an office to the watchers. - After the ballot box.
announcement of the results of the election and before
Sec. 217. Delivery of the ballot boxes, keys and
leaving the polling place, it shall be the duty of the
election supplies and documents. - Upon the
board of election inspectors to issue a certificate of the
termination of the counting of votes, the board of
number of the votes received by a candidate upon
election inspectors shall place in the compartment for
request of the watchers. All the members of the board
valid ballots, the envelopes for used ballots
of election inspectors shall sign the certificate.
hereinbefore referred to, the unused ballots, the tally (b) The city and municipal treasurer shall keep the
board or sheet, a copy of the election returns, and the ballot boxes under their responsibility for three months
minutes of its proceedings, and then shall lock the and stored unopened in a secure place, unless the
ballot box with three padlocks and such safety devices Commission orders otherwise whenever said ballot
as the Commission may prescribe. Immediately after boxes are needed in any political exercise which might
the box is locked, the three keys of the padlocks shall be called within the said period, provided these are not
be placed in three separate envelopes and shall be involved in any election contest or official
sealed and signed by all the members of the board of investigation, or the Commission or other competent
election inspectors. The authorized representatives of authority shall demand them sooner or shall order their
the Commission shall forthwith take delivery of said preservation for a longer time in connection with any
envelopes, signing a receipt therefor, and deliver pending contest or investigation. However, upon
without delay one envelope to the provincial treasurer, showing by any candidate that the boxes will be in
another to the provincial fiscal and the other to the danger of being violated if kept in the possession of
provincial election supervisor. such officials, the Commission may order them kept
by any other official whom it may designate. Upon the
The ballot box, all supplies of the board of election
lapse of said time and if there should be no order to the
inspectors and all pertinent papers and documents
contrary, the Commission may authorize the city and
shall immediately be delivered by the board of election
municipal treasurer in the presence of its
inspectors and the watchers to the city or municipal
representative to open the boxes and burn their
treasurer who shall keep his office open all night on
contents, except the copy of the minutes of the voting
the day of election if necessary for this purpose, and
and the election returns deposited therein which they
shall provide the necessary facilities for said delivery
shall take and keep.
at the expense of the city or municipality. The book of
voters shall be returned to the election registrar who (c) In case of calamity or fortuitous event such as fire,
shall keep it under his custody. The treasurer and the flood, storm, or other similar calamities which may
election registrar, as the case may be, shall on the day actually cause damage to the ballot boxes and/or their
after the election require the members of the board of contents, the Commission may authorize the opening
election inspectors who failed to send the objects of said ballot boxes to salvage the ballots and other
referred to herein to deliver the same to him contents by placing them in other ballot boxes, taking
immediately and acknowledge receipt thereof in such other precautionary measures as may be
detail. necessary to preserve such documents.
Sec. 218. Preservation of the voting record. - The Sec. 220. Documents and articles omitted or
voting record of each polling place shall be delivered erroneously placed inside the ballot box. - If after the
to the election registrar who shall have custody of the delivery of the keys of the ballot box to the proper
same, keeping them in a safe place, until such time that authorities, the board of election inspectors shall
the Commission shall give instructions on their discover that some documents or articles required to
disposition. be placed in the ballot box were not placed therein, the
board of election inspectors, instead of opening the
Sec. 219. Preservation of the ballot boxes, their keys
ballot box in order to place therein said documents or
and disposition of their contents. - (a) The provincial
articles, shall deliver the same to the Commission or
election supervisor, the provincial treasurer and the
its duly authorized representatives. In no instance shall
provincial fiscal shall keep the envelope containing the
the ballot box be reopened to place therein or take out
keys in their possession intact during the period of
therefrom any document or article except to retrieve
three months following the election. Upon the lapse of
copies of the election returns which will be needed in
this period, unless the Commission has ordered
any canvass and in such excepted instances, the
otherwise, the provincial election supervisor and the
members of the board of election inspectors and
provincial fiscal shall deliver to the provincial
watchers of the candidates shall be notified of the time
treasurer the envelope containing the keys under their
and place of the opening of said ballot box: Provided,
custody.
however, That if there are other copies of the election
returns outside of the ballot box which can be used in from each of the ruling party and the dominant
canvass, such copies of the election returns shall be opposition political party entitled to be represented, as
used in said canvass and the opening of the ballot box members.
to retrieve copies of the election returns placed therein
(e) Board of canvassers for newly created political
shall then be dispensed with.
subdivisions - the Commission shall constitute a board
of canvassers and appoint the members thereof for the
ARTICLE XIX. first election in a newly created province, city or
municipality in case the officials who shall act as
CANVASS AND PROCLAMATION
members thereof have not yet assumed their duties and
functions.
Sec. 221. Board of canvassers. - There shall be a board
Sec. 222. Relationship with candidates and other
of canvassers for each province, city, municipality,
members. - The chairman and the members of the
and district of Metropolitan Manila as follows:
board of canvassers shall not be related within the
(a) Provincial board of canvassers. - the provincial fourth civil degree of consanguinity or affinity to any
board of canvassers shall be composed of the of the candidates whose votes will be canvassed by
provincial election supervisor or a senior lawyer in the said board, or to any member of the same board.
regional office of the Commission, as chairman, the
Sec. 223. Prohibition against leaving official station. -
provincial fiscal, as vice-chairman, and the provincial
During the period beginning election day until the
superintendent of schools, and one representative from
proclamation of the winning candidates, no member or
each of the ruling party and the dominant opposition
substitute member of the different boards of
political party in the constituency concerned entitled
canvassers shall be transferred, assigned or detailed
to be represented, as members.
outside of his official station, nor shall he leave said
(b) City board of canvassers. - the city board of station without prior authority of the Commission.
canvassers shall be composed of the city election
Sec. 224. Feigned illness. - Any member of the board
registrar or a lawyer of the Commission, as chairman,
of canvassers feigning illness in order to be substituted
the city fiscal and the city superintendent of schools,
on election day until the proclamation of the winning
and one representative from each of the ruling party
candidates shall be guilty of an election offense.
and the dominant opposition political party entitled to
be represented, as members. Sec. 225. Vote required. - A majority vote of all the
members of the board of canvassers shall be necessary
(c) District board of canvassers of Metropolitan
to render a decision.
Manila - the district board of canvassers shall be
composed of a lawyer of the Commission, as Sec. 226. Incapacity and substitution of members of
chairman, and a ranking fiscal in the district and the boards of
most senior district school supervisor in the district to
canvassers. - In case of non-availability, absence,
be appointed upon consultation with the Ministry of
disqualification due to relationship, or incapacity for
Justice and the Ministry of Education, Culture and
any cause of the chairman, the Commission shall
Sports, respectively, and one representative from each
designate the provincial or city fiscal to act as
of the ruling party and the dominant opposition
chairman. Likewise, in case of non-availability,
political party in the constituency concerned, as
absence, disqualification due to relationship, or
members.
incapacity for any cause, of such designee, the next
(d) Municipal board of canvassers. - the municipal ranking provincial or city fiscal shall be designated by
board of canvassers shall be composed of the election the Commission and such designation shall pass to the
registrar or a representative of the Commission, as next in rank until the designee qualifies. With respect
chairman, the municipal treasurer, and the district to the other members of the board of canvassers, the
supervisor or in his absence any public school Commission shall appoint as substitute the provincial,
principal in the municipality and one representative city or municipal officers of other government
agencies in the province, city or municipality, as the submitted to the election registrar concerned on or
case may be, and with respect to the representatives of before the tenth day preceding the election. The three
the accredited political parties, the Commission shall in possession of the keys shall personally transmit the
appoint as substitutes those nominated by the said ballot box, properly locked, containing the election
political parties. returns to the board of canvassers. Watchers of
political parties, coalition of political parties, and of
Sec. 227. Supervision and control over board of
organizations collectively authorized by the
canvassers. - The Commission shall have direct
Commission to designate watchers shall have the right
control and supervision over the board of canvassers.
to accompany transmittal of the ballot boxes
Any member of the board of canvassers may, at any containing the election returns.
time, be relieved for cause and substituted motu
It shall be unlawful for any person to delay, obstruct,
proprio by the Commission.
impede or prevent through force, violence, coercion,
Sec. 228. Notice of meeting of the board. - At least five intimidation or by any means which vitiates consent,
days before the meeting of the board, the chairman of the transmittal of the election returns or to take away,
the board shall give notice to all members thereof and abscond with, destroy, deface or mutilate or substitute
to each candidate and political party of the date, time the election returns or the envelope or the ballot box
and place of the meeting. containing the election returns or to violate the right of
Sec. 229. Manner of delivery and transmittal of the watchers.
election returns. - (a) For the city and municipal board The watchers of the political parties, coalition of
of canvassers, the copy of the election returns of a political parties and the candidates shall have the right
polling place intended for the city or municipal board to accompany the members of the board of election
of canvassers, duly placed inside a sealed envelope inspectors or the election registrar in making the
signed and affixed with the imprint of the thumb of the delivery to the boards of canvassers.
right hand of all the members of the board of election
Sec. 230. Safekeeping of transmitted election returns.
inspectors, shall be personally delivered by the
- The board of canvassers shall keep the ballot boxes
members of the board of election inspectors to the city
containing the election returns in a safe and secure
or municipal board of canvassers under proper receipt
room before and after the canvass. The door to the
to be signed by all the members thereof.
room must be padlocked by three locks with the keys
(b) For the provincial and district boards of canvassers thereof kept as follows: one with the chairman, the
in Metropolitan Manila, the copy of the election other with the representative of the ruling party, and
returns of a polling place intended for the provincial or the other with the representative of the dominant
district board of canvassers in the case of Metropolitan opposition political party. The watchers of candidates,
Manila, shall be personally delivered by the members political parties, coalition of political parties and
of the board of election inspectors to the election organization collectively authorized by the
registrar for transmittal to the proper board of Commission to appoint watchers shall have the right
canvassers under proper receipt to be signed by all the to guard the room. Violation of this right shall
members thereof. constitute an election offense.
The election registrar concerned shall place all the Sec. 231. Canvass by the board. - The board of
returns intended for the board of canvassers inside a canvassers shall meet not later than six o'clock in the
ballot box provided with three padlocks whose keys afternoon of election day at the place designated by the
shall be kept as follows: one by the election registrar, Commission to receive the election returns and to
another by the representative of the ruling party and immediately canvass those that may have already been
the third by the representative of the dominant political received. It shall meet continuously from day to day
opposition party. until the canvass is completed, and may adjourn but
For this purpose, the two political parties shall only for the purpose of awaiting the other election
designate their representatives whose names shall be returns from other polling places within its
jurisdiction. Each time the board adjourns, it shall
make a total of all the votes canvassed so far for each subsidiaries or of any member of a privately owned or
candidate for each office, furnishing the Commission operated security, investigative, protective or
in Manila by the fastest means of communication a intelligence agency performing identical or similar
certified copy thereof, and making available the data functions to enter the room where the canvassing of
contained therein to the mass media and other the election returns are held by the board of canvassers
interested parties. As soon as the other election returns and within a radius of fifty meters from such room:
are delivered, the board shall immediately resume Provided, however, That the board of canvassers by a
canvassing until all the returns have been canvassed. majority vote, if it deems necessary, may make a call
in writing for the detail of policemen or any peace
The respective board of canvassers shall prepare a
officers for their protection or for the protection of the
certificate of canvass duly signed and affixed with the
election documents and paraphernalia in the
imprint of the thumb of the right hand of each member,
possession of the board, or for the maintenance of
supported by a statement of the votes received by each
peace and order, in which case said policemen or peace
candidate in each polling place and, on the basis
officers, who shall be in proper uniform, shall stay
thereof, shall proclaim as elected the candidates who
outside the room within a radius of thirty meters near
obtained the highest number of votes cast in the
enough to be easily called by the board of canvassers
province, city, municipality or barangay. Failure to
at any time.
comply with this requirement shall constitute an
election offense. Sec. 233. When the election returns are delayed, lost
or destroyed. - In case its copy of the election returns
Subject to reasonable exceptions, the board of
is missing, the board of canvassers shall, by messenger
canvassers must complete their canvass within thirty-
or otherwise, obtain such missing election returns
six hours in municipalities, forty-eight hours in cities
from the board of election inspectors concerned, or if
and seventy-two hours in provinces. Violation hereof
said returns have been lost or destroyed, the board of
shall be an election offense punishable under Section
canvassers, upon prior authority of the Commission,
264 hereof.
may use any of the authentic copies of said election
With respect to the election for President and Vice- returns or a certified copy of said election returns
President, the provincial and city boards of canvassers issued by the Commission, and forthwith direct its
shall prepare in quintuplicate a certificate of canvass representative to investigate the case and immediately
supported by a statement of votes received by each report the matter to the Commission.
candidate in each polling place and transmit the first
The board of canvassers, notwithstanding the fact that
copy thereof to the Speaker of the Batasang Pambansa.
not all the election returns have been received by it,
The second copy shall be transmitted to the
may terminate the canvass and proclaim the candidates
Commission, the third copy shall be kept by the
elected on the basis of the available election returns if
provincial election supervisor or city election
the missing election returns will not affect the results
registrar; the fourth and the fifth copies to each of the
of the election.
two accredited political parties.
Sec. 234. Material defects in the election returns. - If
Sec. 232. Persons not allowed inside the canvassing
it should clearly appear that some requisites in form or
room. - It shall be unlawful for any officer or member
data had been omitted in the election returns, the board
of the Armed Forces of the Philippines, including the
of canvassers shall call for all the members of the
Philippine Constabulary, or the Integrated National
board of election inspectors concerned by the most
Police or any peace officer or any armed or unarmed
expeditious means, for the same board to effect the
persons belonging to an extra-legal police agency,
correction: Provided, That in case of the omission in
special forces, reaction forces, strike forces, home
the election returns of the name of any candidate
defense forces, barangay self-defense units, barangay
and/or his corresponding votes, the board of
tanod, or of any member of the security or police
canvassers shall require the board of election
organizations of government ministries, commissions,
inspectors concerned to complete the necessary data in
councils, bureaus, offices, instrumentalities, or
the election returns and affix therein their initials:
government-owned or controlled corporations or their
Provided, further, That if the votes omitted in the election returns from a polling place or discrepancies
returns cannot be ascertained by other means except in the votes of any candidate in words and figures in
by recounting the ballots, the Commission, after the same return, and in either case the difference
satisfying itself that the identity and integrity of the affects the results of the election, the Commission,
ballot box have not been violated, shall order the board upon motion of the board of canvassers or any
of election inspectors to open the ballot box, and, also candidate affected and after due notice to all
after satisfying itself that the integrity of the ballots candidates concerned, shall proceed summarily to
therein has been duly preserved, order the board of determine whether the integrity of the ballot box had
election inspectors to count the votes for the candidate been preserved, and once satisfied thereof shall order
whose votes have been omitted with notice thereof to the opening of the ballot box to recount the votes cast
all candidates for the position involved and thereafter in the polling place solely for the purpose of
complete the returns. determining the true result of the count of votes of the
candidates concerned.
The right of a candidate to avail of this provision shall
not be lost or affected by the fact that an election Sec. 237. When integrity of ballots is violated. - If
protest is subsequently filed by any of the candidates. upon the opening of the ballot box as ordered by the
Commission under Sections 234, 235 and 236, hereof,
Sec. 235. When election returns appear to be tampered
it should appear that there are evidence or signs of
with orfalsified. - If the election returns submitted to
replacement, tampering or violation of the integrity of
the board of canvassers appear to be tampered with,
the ballots, the Commission shall not recount the
altered or falsified after they have left the hands of the
ballots but shall forthwith seal the ballot box and order
board of election inspectors, or otherwise not
its safekeeping.
authentic, or were prepared by the board of election
inspectors under duress, force, intimidation, or Sec. 238. Canvass of remaining or unquestioned
prepared by persons other than the member of the returns to continue. - In cases under Sections 233, 234,
board of election inspectors, the board of canvassers 235 and 236 hereof, the board of canvassers shall
shall use the other copies of said election returns and, continue the canvass of the remaining or unquestioned
if necessary, the copy inside the ballot box which upon election returns. If, after the canvass of all the said
previous authority given by the Commission may be returns, it should be determined that the returns which
retrieved in accordance with Section 220 hereof. If the have been set aside will affect the result of the election,
other copies of the returns are likewise tampered with, no proclamation shall be made except upon orders of
altered, falsified, not authentic, prepared under duress, the Commission after due notice and hearing. Any
force, intimidation, or prepared by persons other than proclamation made in violation hereof shall be null
the members of the board of election inspectors, the and void.
board of canvassers or any candidate affected shall
Sec. 239. Watchers. - Each candidate, political party
bring the matter to the attention of the Commission.
or coalition of political parties shall be entitled to
The Commission shall then, after giving notice to all
appoint one watcher in the board of canvassers. The
candidates concerned and after satisfying itself that
watcher shall have the right to be present at, and take
nothing in the ballot box indicate that its identity and
note of, all the proceedings of the board of canvassers,
integrity have been violated, order the opening of the
to read the election returns without touching them, to
ballot box and, likewise after satisfying itself that the
file a protest against any irregularity in the election
integrity of the ballots therein has been duly preserved
returns submitted, and to obtain from the board of
shall order the board of election inspectors to recount
canvassers a resolution thereon.
the votes of the candidates affected and prepare a new
return which shall then be used by the board of Sec. 240. Election resulting in tie. - Whenever it shall
canvassers as basis of the canvass. appear from the canvass that two or more candidates
have received an equal and highest number of votes,
Sec. 236. Discrepancies in election returns. - In case it
or in cases where two or more candidates are to be
appears to the board of canvassers that there exists
elected for the same position and two or more
discrepancies in the other authentic copies of the
candidates received the same number of votes for the
last place in the number to be elected, the board of (b) The canvassed election returns are incomplete,
canvassers, after recording this fact in its minutes, contain material defects, appear to be tampered with
shall by resolution, upon five days notice to all the tied or falsified, or contain discrepancies in the same
candidates, hold a special public meeting at which the returns or in other authentic copies thereof as
board of canvassers shall proceed to the drawing of mentioned in Sections 233, 234, 235 and 236 of this
lots of the candidates who have tied and shall proclaim Code;
as elected the candidates who may be favored by luck,
(c) The election returns were prepared under duress,
and the candidates so proclaimed shall have the right
threats, coercion, or intimidation, or they are
to assume office in the same manner as if he had been
obviously manufactured or not authentic; and
elected by plurality of vote. The board of canvassers
shall forthwith make a certificate stating the name of (d) When substitute or fraudulent returns in
the candidate who had been favored by luck and his controverted polling places were canvassed, the results
proclamation on the basis thereof. of which materially affected the standing of the
aggrieved candidate or candidates.
Nothing in this section shall be construed as depriving
a candidate of his right to contest the election. Sec. 244. Contested composition or proceedings of the
board. - When the composition or proceedings of the
board of canvassers are contested, the board of
ARTICLE XX.
canvassers shall, within twenty-four hours, make a
PRE-PROCLAMATION CONTROVERSIES ruling thereon with notice to the contestant who, if
adversely affected, may appeal the matter to the
Commission within five days after the ruling with
Sec. 241. Definition. - A pre-proclamation controversy
proper notice to the board of canvassers. After due
refers to any question pertaining to or affecting the
notice and hearing, the Commission shall decide the
proceedings of the board of canvassers which may be
case within ten days from the filing thereof. During the
raised by any candidate or by any registered political
pendency of the case, the board of canvassers shall
party or coalition of political parties before the board
suspend the canvass until the Commission orders the
or directly with the Commission, or any matter raised
continuation or resumption thereof and citing their
under Sections 233, 234, 235 and 236 in relation to the
reasons or grounds therefor.
preparation, transmission, receipt, custody and
appreciation of the election returns. Sec. 245. Contested election returns. - Any candidate,
political party or coalition of political parties,
Sec. 242. Commission's exclusive jurisdiction of all
contesting the inclusion or exclusion in the canvass of
pre-proclamation controversies. - The Commission
any election returns on any of the grounds authorized
shall have exclusive jurisdiction of all pre-
under this article or in Sections 234, 235 and 236 of
proclamation controversies. It may motu proprio or
Article XIX shall submit their verbal objections to the
upon written petition, and after due notice and hearing,
chairman of the board of canvassers at the time the
order the partial or total suspension of the
questioned returns is presented for inclusion or
proclamation of any candidate-elect or annual partially
exclusion, which objections shall be noted in the
or totally any proclamation, if one has been made, as
minutes of the canvassing.
the evidence shall warrant in accordance with the
succeeding sections. The board of canvassers upon receipt of any such
objections shall automatically defer the canvass of the
Sec. 243. Issues that may be raised in pre-
contested returns and shall proceed to canvass the rest
proclamation controversy. - The following shall be
of the returns which are not contested by any party.
proper issues that may be raised in a pre-proclamation
controversy: Within twenty-four hours from and after the
presentation of a verbal objection, the same shall be
(a) Illegal composition or proceedings of the board of
submitted in written form to the board of canvassers.
canvassers;
Thereafter, the board of canvassers shall take up each
contested return, consider the written objections
thereto and summarily rule thereon. Said ruling shall
be made oral initially and then reduced to writing by Sec. 249. Jurisdiction of the Commission. - The
the board within twenty-four hours from the time the Commission shall be the sole judge of all contests
oral ruling is made. relating to the elections, returns, and qualifications of
all Members of the Batasang Pambansa, elective
Any party adversely affected by an oral ruling on
regional, provincial and city officials.
its/his objection shall immediately state orally whether
it/he intends to appeal said ruling. The said intent to Sec. 250. Election contests for Batasang Pambansa,
appeal shall be stated in the minutes of the canvassing. regional, provincial and city offices. - A sworn petition
If a party manifests its intent to appeal, the board of contesting the election of any Member of the Batasang
canvassers shall set aside the return and proceed to rule Pambansa or any regional, provincial or city official
on the other contested returns. When all the contested shall be filed with the Commission by any candidate
returns have been ruled upon by it, the board of who has duly filed a certificate of candidacy and has
canvassers shall suspend the canvass and shall make been voted for the same office, within ten days after
an appropriate report to the Commission, copy the proclamation of the results of the election.
furnished the parties.
Sec. 251. Election contests for municipal offices. - A
The board of canvassers shall not proclaim any sworn petition contesting the election of a municipal
candidate as winner unless authorized by the officer shall be filed with the proper regional trial court
Commission after the latter has ruled on the objections by any candidate who has duly filed a certificate of
brought to it on appeal by the losing party and any candidacy and has been voted for the same office,
proclamation made in violation hereof shall be void ab within ten days after proclamation of the results of the
initio, unless the contested returns will not adversely election.
affect the results of the election.
Sec. 252. Election contest for barangay offices. - A
Sec. 246. Summary proceedings before the sworn petition contesting the election of a barangay
Commission. - All pre-proclamation controversies officer shall be filed with the proper municipal or
shall be heard summarily by the Commission after due metropolitan trial court by any candidate who has duly
notice and hearing, and its decisions shall be executory filed a certificate of candidacy and has been voted for
after the lapse of five days from receipt by the losing the same office, within ten days after the proclamation
party of the decision of the Commission, unless of the results of the election. The trial court shall
restrained by the Supreme Court. decide the election protest within fifteen days after the
filing thereof. The decision of the municipal or
Sec. 247. Partial proclamation. - Notwithstanding the
metropolitan trial court may be appealed within ten
pendency of any pre-proclamation controversy, the
days from receipt of a copy thereof by the aggrieved
Commission may, motu proprio or upon the filing of a
party to the regional trial court which shall decide the
verified petition and after due notice and hearing,
case within thirty days from its submission, and whose
order the proclamation of other winning candidates
decisions shall be final.
whose election will not be affected by the outcome of
the controversy. Sec. 253. Petition for quo warranto. - Any voter
contesting the election of any Member of the Batasang
Sec. 248. Effect of filing petition to annual or to
Pambansa, regional, provincial, or city officer on the
suspend the proclamation. - The filing with the
ground of ineligibility or of disloyalty to the Republic
Commission of a petition to annual or to suspend the
of the Philippines shall file a sworn petition for quo
proclamation of any candidate shall suspend the
warranto with the Commission within ten days after
running of the period within which to file an election
the proclamation of the results of the election.
protest or quo warranto proceedings.
Any voter contesting the election of any municipal or
barangay officer on the ground of ineligibility or of
ARTICLE XXI.
disloyalty to the Republic of the Philippines shall file
ELECTION CONTESTS a sworn petition for quo warranto with the regional
trial court or metropolitan or municipal trial court, answer the protest in intervention within five days
respectively, within ten days after the proclamation of after notice;
the results of the election.
(f) If no answer shall be filed to the contest, counter-
Sec. 254. Procedure in election contests. - The protest, or to the protest in intervention, within the
Commission shall prescribe the rules to govern the time limits respectively fixed, a general denial shall be
procedure and other matters relating to election deemed to have been entered;
contests pertaining to all national, regional, provincial,
(g) In election contest proceedings, the permanent
and city offices not later than thirty days before such
registry list of voters shall be conclusive in regard to
elections. Such rules shall provide a simple and
the question as to who had the right to vote in said
inexpensive procedure for the expeditious disposition
election.
of election contests and shall be published in at least
two newspapers of general circulation. Sec. 255. Judicial counting of votes in election contest.
- Where allegations in a protest or counter-protest so
However, with respect to election contests involving
warrant, or whenever in the opinion of the court the
municipal and barangay offices the following rules of
interests of justice so require, it shall immediately
procedure shall govern:
order the book of voters, ballot boxes and their keys,
(a) Notice of the protest contesting the election of a ballots and other documents used in the election be
candidate for a municipal or barangay office shall be brought before it and that the ballots be examined and
served upon the candidate by means of a summons at the votes recounted.
the postal address stated in his certificate of candidacy
Sec. 256. Appeals. - Appeals from any decision
except when the protestee, without waiting for the
rendered by the regional trial court under Section 251
summons, has made the court understand that he has
and paragraph two, Section 253 hereof with respect to
been notified of the protest or has filed his answer
quo warranto petitions filed in election contests
hereto;
affecting municipal officers, the aggrieved party may
(b) The protestee shall answer the protest within five appeal to the Intermediate Appellate Court within five
days after receipt of the summons, or, in case there has days after receipt of a copy of the decision. No motion
been no summons from the date of his appearance and for reconsideration shall be entertained by the court.
in all cases before the commencement of the hearing The appeal shall be decided within sixty days after the
of the protest or contest. The answer shall deal only case has been submitted for decision.
with the election in the polling places which are
Sec. 257. Decision in the Commission. - The
covered by the allegations of the contest;
Commission shall decide all election cases brought
(c) Should the protestee desire to impugn the votes before it within ninety days from the date of their
received by the protestant in other polling places, he submission for decision. The decision of the
shall file a counter-protest within the same period Commission shall become final thirty days after
fixed for the answer serving a copy thereof upon the receipt of judgment.
protestant by registered mail or by personal delivery or
Sec. 258. Preferential disposition of contests in courts.
through the sheriff;
- The courts, in their respective cases, shall give
(d) The protestant shall answer the counter-protest preference to election contests over all other cases,
within five days after notice; except those of habeas corpus, and shall without delay,
hear and, within thirty days from the date of their
(e) Within the period of five days counted from the
submission for decision, but in every case within six
filing of the protest any other candidate for the same
months after filing, decide the same.
office may intervene in the case as other contestants
and ask for affirmative relief in his favor by a petition Sec. 259. Actual or compensatory damages. - Actual
in intervention, which shall be considered as another or compensatory damages may be granted in all
contest, except that it shall be substantiated within the election contests or in quo warranto proceedings in
same proceedings. The protestant or protestee shall accordance with law.
Sec. 260. Notice of decisions. - The clerk of court and or thing of value or deposit of money or thing of value
the corresponding official in the Commission before situated anywhere in the Philippines put as such bet or
whom an election contest or a quo warranto wager shall be forfeited to the government.
proceeding has been instituted or where the appeal of
(d) Coercion of subordinates. -
said case has been taken shall notify immediately the
President of the Philippines of the final disposition (1) Any public officer, or any officer of any public or
thereof. In election contests involving provincial, city, private corporation or association, or any head,
municipal, or barangay offices, notice of such final superior, or administrator of any religious
disposition shall also be sent to the secretary of the organization, or any employer or land-owner who
local sanggunian concerned. If the decision be that coerces or intimidates or compels, or in any manner
none of the parties has been legally elected, said influence, directly or indirectly, any of his
official shall certify such decision to the President of subordinates or members or parishioners or employees
the Philippines and, in appropriate cases, to the or house helpers, tenants, overseers, farm helpers,
Commission. tillers, or lease holders to aid, campaign or vote for or
against any candidate or any aspirant for the
nomination or selection of candidates.
ARTICLE XXII.
(2) Any public officer or any officer of any
ELECTION OFFENSES
commercial, industrial, agricultural, economic or
social enterprise or public or private corporation or
Sec. 261. Prohibited Acts. - The following shall be association, or any head, superior or administrator of
guilty of an election offense: any religious organization, or any employer or
landowner who dismisses or threatens to dismiss,
(a) Vote-buying and vote-selling. -
punishes or threatens to punish be reducing his salary,
(1) Any person who gives, offers or promises money wage or compensation, or by demotion, transfer,
or anything of value, gives or promises any office or suspension, separation, excommunication, ejectment,
employment, franchise or grant, public or private, or or causing him annoyance in the performance of his
makes or offers to make an expenditure, directly or job or in his membership, any subordinate member or
indirectly, or cause an expenditure to be made to any affiliate, parishioner, employee or house helper,
person, association, corporation, entity, or community tenant, overseer, farm helper, tiller, or lease holder, for
in order to induce anyone or the public in general to disobeying or not complying with any of the acts
vote for or against any candidate or withhold his vote ordered by the former to aid, campaign or vote for or
in the election, or to vote for or against any aspirant against any candidate, or any aspirant for the
for the nomination or choice of a candidate in a nomination or selection of candidates.
convention or similar selection process of a political
(e) Threats, intimidation, terrorism, use of fraudulent
party.
device or other forms of coercion. - Any person who,
(2) Any person, association, corporation, group or directly or indirectly, threatens, intimidates or actually
community who solicits or receives, directly or causes, inflicts or produces any violence, injury,
indirectly, any expenditure or promise of any office or punishment, damage, loss or disadvantage upon any
employment, public or private, for any of the person or persons or that of the immediate members of
foregoing considerations. his family, his honor or property, or uses any
(b) Conspiracy to bribe voters. - Two or more persons, fraudulent device or scheme to compel or induce the
whether candidates or not, who come to an agreement registration or refraining from registration of any
concerning the commission of any violation of voter, or the participation in a campaign or refraining
paragraph (a) of this section and decide to commit it. or desistance from any campaign, or the casting of any
vote or omission to vote, or any promise of such
(c) Wagering upon result of election. - Any person registration, campaign, vote, or omission therefrom.
who bets or wagers upon the outcome of, or any
contingency connected with an election. Any money
(f) Coercion of election officials and employees. - Any election campaign or engages in any partisan political
person who, directly or indirectly, threatens, activity, except to vote or to preserve public order, if
intimidates, terrorizes or coerces any election official he is a peace officer.
or employee in the performance of his election
(j) Undue influence. - It is unlawful for any person to
functions or duties.
promise any office or employment, public or private,
(g) Appointment of new employees, creation of new or to make or offer to make an expenditure, directly or
position, promotion, or giving salary increases. - indirectly, or to cause an expenditure to be made to any
During the period of forty-five days before a regular person, association, corporation or entity, which may
election and thirty days before a special election, (1) induce anyone or the public in general either to vote or
any head, official or appointing officer of a withhold his vote, or to vote for or against any
government office, agency or instrumentality, whether candidate in any election or any aspirant for the
national or local, including government-owned or nomination or selection of an official candidate in a
controlled corporations, who appoints or hires any convention of a political party. It is likewise unlawful
new employee, whether provisional, temporary or for any person, association, corporation or community,
casual, or creates and fills any new position, except to solicit or receive, directly or indirectly, any
upon prior authority of the Commission. The expenditure or promise or any office, or employment,
Commission shall not grant the authority sought public or private, for any of the foregoing
unless, it is satisfied that the position to be filled is considerations.
essential to the proper functioning of the office or
(k) Unlawful electioneering. - It is unlawful to solicit
agency concerned, and that the position shall not be
votes or undertake any propaganda on the day of
filled in a manner that may influence the election.
registration before the board of election inspectors and
As an exception to the foregoing provisions, a new on the day of election, for or against any candidate or
employee may be appointed in case of urgent need: any political party within the polling place and with a
Provided, however, That notice of the appointment radius of thirty meters thereof.
shall be given to the Commission within three days
(l) Prohibition against dismissal of employees,
from the date of the appointment. Any appointment or
laborers, or tenants. - No employee or laborer shall be
hiring in violation of this provision shall be null and
dismissed, nor a tenant be ejected from his
void.
landholdings for refusing or failing to vote for any
(2) Any government official who promotes, or gives candidate of his employer or landowner. Any
any increase of salary or remuneration or privilege to employee, laborer or tenant so dismissed or ejected
any government official or employee, including those shall be reinstated and the salary or wage of the
in government-owned or controlled corporations. employee or laborer, or the share of the harvest of the
tenant, shall be restored to the aggrieved party upon
(h) Transfer of officers and employees in the civil
application to the proper court.
service. - Any public official who makes or causes any
transfer or detail whatever of any officer or employee (m) Appointment or use of special policemen, special
in the civil service including public school teachers, agents, confidential agents or the like. - During the
within the election period except upon prior approval campaign period, on the day before and on election
of the Commission. day, any appointing authority who appoints or any
person who utilizes the services of special policemen,
(i) Intervention of public officers and employees. -
special agents, confidential agents or persons
Any officer or employee in the civil service, except
performing similar functions; persons previously
those holding political offices; any officer, employee,
appointed as special policemen, special agents,
or member or the Armed Forces of the Philippines, or
confidential agents or persons performing similar
any police force, special forces, home defense forces,
functions who continue acting as such, and those who
barangay self-defense units and all other para-military
fail to turn over their firearms, uniforms, insignias and
units that now exist or which may hereafter be
other badges of authority to the proper officer who
organized who, directly or indirectly, intervenes in any
issued the same.
At the start of the aforementioned period, the barangay authorized by the Commission to supervise the
chairman, municipal mayor, city mayor, provincial election is entitled to carry firearms or any other
governor, or any appointing authority shall submit to weapon for the purpose of preserving order and
the Commission a complete list of all special enforcing the law.
policemen, special agents, confidential agents or
(q) Carrying firearms outside residence or place of
persons performing similar functions in the employ of
their respective political subdivisions, with such business. - Any person who, although possessing a
particulars as the Commission may require. permit to carry firearms, carries any firearms outside
his residence or place of business during the election
(n) Illegal release of prisoners before and after
period, unless authorized in writing by the
election. - The Director of the Bureau of Prisons, any
Commission: Provided, That a motor vehicle, water or
provincial warden, the keeper of the jail or the person
air craft shall not be considered a residence or place of
or persons required by law to keep prisoners in their
business or extension hereof.
custody who illegally orders or allows any prisoner
detained in the national penitentiary, or the provincial, This prohibition shall not apply to cashiers and
city or municipal jail to leave the premises thereof disbursing officers while in the performance of their
sixty days before and thirty days after the election. The duties or to persons who by nature of their official
municipal or city warden, the provincial warden, the duties, profession, business or occupation habitually
keeper of the jail or the person or persons required by carry large sums of money or valuables.
law to keep prisoners in their custody shall post in (r) Use of armored land, water or air craft. - Any
three conspicuous public places a list of the prisoners person who uses during the campaign period, on the
or detention prisoners under their care. Detention day before and on election day, any armored land,
prisoners must be categorized as such. water or air craft, provided with any temporary or
(o) Use of public funds, money deposited in trust, permanent equipment or any other device or
equipment, facilities owned or controlled by the contraption for the mounting or installation of
government for an election campaign. - Any person cannons, machine guns and other similar high caliber
who uses under any guise whatsoever, directly or firearms, including military type tanks, half trucks,
indirectly, (1) public funds or money deposited with, scout trucks, armored trucks, of any make or model,
or held in trust by, public financing institutions or by whether new, reconditioned, rebuilt or remodelled:
government offices, banks, or agencies; (2) any Provided, That banking or financial institutions and all
printing press, radio, or television station or audio- business firms may use not more than two armored
visual equipment operated by the Government or by vehicles strictly for, and limited to, the purpose of
its divisions, sub-divisions, agencies or transporting cash, gold bullion or other valuables in
instrumentalities, including government-owned or connection with their business from and to their place
controlled corporations, or by the Armed Forces of the of business, upon previous authority of the
Philippines; or (3) any equipment, vehicle, facility, Commission.
apparatus, or paraphernalia owned by the government (s) Wearing of uniforms and bearing arms. - During
or by its political subdivisions, agencies including the campaign period, on the day before and on election
government-owned or controlled corporations, or by day, any member of security or police organization of
the Armed Forces of the Philippines for any election government agencies, commissions, councils,
campaign or for any partisan political activity. bureaus, offices, or government-owned or controlled
(p) Deadly weapons. - Any person who carries any corporations, or privately-owned or operated security,
deadly weapon in the polling place and within a radius investigative, protective or intelligence agencies, who
of one hundred meters thereof during the days and wears his uniform or uses his insignia, decorations or
hours fixed by law for the registration of voters in the regalia, or bears arms outside the immediate vicinity
polling place, voting, counting of votes, or preparation of his place of work: Provided, That this prohibition
of the election returns. However, in cases of affray, shall not apply when said member is in pursuit of a
turmoil, or disorder, any peace officer or public officer person who has committed or is committing a crime in
the premises he is guarding; or when escorting or investigative, protective or intelligence agencies
providing security for the transport of payrolls, performing identical or similar functions.
deposits, or other valuables; or when guarding the
(t) Policemen and provincial guards acting as
residence of private persons or when guarding private
bodyguards or security guards. - During the campaign
residences, buildings or offices: Provided, further,
period, on the day before and on election day, any
That in the last case prior written approval of the
member of the city or municipal police force, any
Commission shall be obtained. The Commission shall
provincial or sub-provincial guard, any member of the
decide all applications for authority under this
Armed Forces of the Philippines, special forces, home
paragraph within fifteen days from the date of the
defense forces, barangay self-defense units and all
filing of such application.
other para-military units that now exist or which may
During the same period, and ending thirty days hereafter be organized who acts as bodyguard or
thereafter any member of the Armed Forces of the security guard of any public official, candidate or any
Philippines, special, forces, home defense forces, other person, and any of the latter who utilizes the
barangay self-defense units and all other para-military services of the former as bodyguard or security guard:
units that now exist or which may hereafter be Provided, That, after due notice and hearing, when the
organized who wears his uniform or bears arms life and security of a candidate is in jeopardy, the
outside the camp, garrison or barracks to which he is Commission is empowered to assign at the candidate's
assigned or detailed or outside their homes, in case of choice, any member of the Philippine Constabulary or
members of para-military units, unless (1) the the police force of any municipality within the
President of the Philippines shall have given previous province to act as his bodyguard or security guard in a
authority therefor, and the Commission notified number to be determined by the Commission but not
thereof in writing, or (2) the Commission authorizes to exceed three per candidate: Provided, however,
him to do so, which authority it shall give only when That when the circumstances require immediate
necessary to assist it in maintaining free, orderly and action, the Commission may issue a temporary order
honest elections, and only after notice and hearing. All allowing the assignment of any member of the
personnel of the Armed Forces authorized by the Philippine Constabulary or the local police force to act
President or the Commission to bear arms or wear their as bodyguard or security guard of the candidate,
uniforms outside their camps and all police and peace subject to confirmation or revocation.
officers shall bear their true name, rank and serial
(u) Organization or maintenance of reaction forces,
number, if any, stitched in block letters on a white
strike forces, or other similar forces. - Any person who
background on the left breast of their uniform, in
organizes or maintains a reaction force, strike force or
letters and numbers of a clearly legible design at least
similar force during the election period.
two centimeters tall, which shall at all times remain
visible and uncovered. The heads of all reaction forces, strike forces, or
similar forces shall, not later than forty-five days
During the election period, whenever the Commission
before the election, submit to the Commission a
finds it necessary for the promotion of free, orderly,
complete list of all members thereof with such
honest and peaceful elections in a specific area, it shall
particulars as the Commission may require.
confiscate or order the confiscation of firearms of any
member or members of the Armed Forces of the (v) Prohibition against release, disbursement or
Philippines, police forces, home defense forces, expenditure of public funds. - Any public official or
barangay self-defense units, and all other para-military employee including barangay officials and those of
units that now exist, or which may hereafter be government-owned or controlled corporations and
organized, or any member or members of the security their subsidiaries, who, during forty-five days before a
or police organization, government ministries, regular election and thirty days before a special
commissions, councils, bureaus, offices, election, releases, disburses or expends any public
instrumentalities, or government-owned or controlled funds for:
corporations and other subsidiaries, or of any member
or members of privately owned or operated security,
(1) Any and all kinds of public works, except the government performing functions similar to said
following: ministry, except for salaries of personnel, and for such
other routine and normal expenses, and for such other
expenses as the Commission may authorize after due
(a) Maintenance of existing and/or completed public
notice and hearing. Should a calamity or disaster
works project: Provided, That not more than the
occur, all releases normally or usually coursed through
average number of laborers or employees already
the said ministries and offices of other ministries shall
employed therein during the six-month period
be turned over to, and administered and disbursed by,
immediately prior to the beginning of the forty-five
the Philippine National Red Cross, subject to the
day period before election day shall be permitted to
supervision of the Commission on Audit or its
work during such time: Provided, further, That no
representatives, and no candidate or his or her spouse
additional laborers shall be employed for maintenance
or member of his family within the second civil degree
work within the said period of forty-five days;
of affinity or consanguinity shall participate, directly
(b) Work undertaken by contract through public or indirectly, in the distribution of any relief or other
bidding held, or by negotiated contract awarded, goods to the victims of the calamity or disaster; and
before the forty-five day period before election:
(3) The Ministry of Human Settlements and any other
Provided, That work for the purpose of this section
office in any other ministry of the government
undertaken under the so-called "takay" or "paquiao"
performing functions similar to said ministry, except
system shall not be considered as work by contract;
for salaries of personnel and for such other necessary
(c) Payment for the usual cost of preparation for administrative or other expenses as the Commission
working drawings, specifications, bills of materials, may authorize after due notice and hearing.
estimates, and other procedures preparatory to actual
(w) Prohibition against construction of public works,
construction including the purchase of materials and
delivery of materials for public works and issuance of
equipment, and all incidental expenses for wages of
treasury warrants and similar devices. - During the
watchmen and other laborers employed for such work
period of forty-five days preceding a regular election
in the central office and field storehouses before the
and thirty days before a special election, any person
beginning of such period: Provided, That the number
who (a) undertakes the construction of any public
of such laborers shall not be increased over the number
works, except for projects or works exempted in the
hired when the project or projects were commenced;
preceding paragraph; or (b) issues, uses or avails of
and
treasury warrants or any device undertaking future
(d) Emergency work necessitated by the occurrence of delivery of money, goods or other things of value
a public calamity, but such work shall be limited to the chargeable against public funds.
restoration of the damaged facility.
(x) Suspension of elective provincial, city, municipal
No payment shall be made within five days before the or barangay officer. - The provisions of law to the
date of election to laborers who have rendered services contrary notwithstanding during the election period,
in projects or works except those falling under any public official who suspends, without prior
subparagraphs (a), (b), (c), and (d), of this paragraph. approval of the Commission, any elective provincial,
This prohibition shall not apply to ongoing public city, municipal or barangay officer, unless said
works projects commenced before the campaign suspension will be for purposes of applying the "Anti-
period or similar projects under foreign agreements. Graft and Corrupt Practices Act" in relation to the
For purposes of this provision, it shall be the duty of suspension and removal of elective officials; in which
the government officials or agencies concerned to case the provisions of this section shall be
report to the Commission the list of all such projects inapplicable.
being undertaken by them. (y) On Registration of Voters:
(2) The Ministry of Social Services and Development (1) Any person who, having all the qualifications and
and any other office in other ministries of the none of the disqualifications of a voter, fails without
justifiable excuse to register as a voter in an election, approved; or removes from, or otherwise takes out of
plebiscite or referendum in which he is qualified to the book of voters or the provincial or national central
vote. files of registered voters any duly approved voter's
application, except upon lawful order of the
(2) Any person who knowingly makes any false or
Commission, or of a competent court or after proper
untruthful statement relative to any of the data or
cancellation as provided in Sections 122, 123, 124 and
information required in the application for registration.
125 hereof.
(3) Any person who deliberately imprints or causes the
(12) Any person who transfers or causes the transfer
imprinting of blurred or indistinct fingerprints on any
of the registration record of a voter to the book of
of the copies of the application for registration or on
voters of another polling place, unless said transfer
the voter's affidavit; or any person in charge of the
was due to a change of address of the voter and the
registration of voters who deliberately or through
voter was duly notified of his new polling place.
negligence, causes or allows the imprinting of blurred
or indistinct fingerprints on any of the aforementioned (13) Any person who asks, demands, takes, accepts or
registration forms, or any person who tampers with the possesses, directly or indirectly, the voter's affidavit of
fingerprints in said registration records. another, in order to induce the latter to withhold his
vote, or to vote for or against any candidate in an
(4) Any member of the board of election inspectors
election or any issue in a plebiscite or referendum. It
who approves any application which on its face shows
shall be presumed prima facie that the asking,
that the applicant does not possess all the
demanding, taking, accepting, or possessing is with
qualifications prescribed by law for a voter; or who
such intent if done within the period beginning ten
disapproves any application which on its face shows
days before election day and ending ten days after
that the applicant possesses all such qualifications.
election day, unless the voter's affidavit of another and
(5) Any person who, being a registered voter, registers the latter are both members of the same family.
anew without filing an application for cancellation of
(14) Any person who delivers, hands over, entrusts,
his previous registration.
gives, directly or indirectly his voter's affidavit to
(6) Any person who registers in substitution for another in consideration of money or other benefit or
another whether with or without the latter's knowledge promises thereof, or takes or accepts such voter's
or consent. affidavit directly or indirectly, by giving or causing the
(7) Any person who tampers with or changes without giving of money or other benefit or making or causing
authority any data or entry in any voter's application the making of a promise thereof.
for registration. (15) Any person who alters in any manner, tears,
(8) Any person who delays, hinders or obstruct another defaces, removes or destroys any certified list of
from registering. voters.

(9) Any person who falsely certifies or identifies (16) Any person who takes, carries or possesses any
another as a bona fide resident of a particular place or blank or unused registration form already issued to a
locality for the purpose of securing the latter's city or municipality outside of said city or
registration as a voter. municipality except as otherwise provided in this Code
or when directed by express order of the court or of the
(10) Any person who uses the voter's affidavit of Commission.
another for the purpose of voting, whether or not he
actually succeeds in voting. (17) Any person who maliciously omits, tampers or
transfers to another list the name of a registered voter
(11) Any person who places, inserts or otherwise from the official list of voters posted outside the
includes, as approved application for registration in polling place.
the book of voters or in the provincial or national
central files of registered voters, the application of any (z) On voting:
fictitious voter or any application that has not been
(1) Any person who fails to cast his vote without among the voters, propagates false and alarming
justifiable excuse. reports or information or transmits or circulates false
orders, directives or messages regarding any matter
(2) Any person who votes more than once in the same
relating to the printing of official ballots, the
election, or who, not being a registered voter, votes in
postponement of the election, the transfer of polling
an election.
place or the general conduct of the election.
(3) Any person who votes in substitution for another
(12) Any person who, without legal authority,
whether with or without the latter's knowledge and/or
destroys, substitutes or takes away from the possession
consent.
of those having legal custody thereof, or from the place
(4) Any person who, not being illiterate or physically where they are legally deposited, any election form or
disabled, allows his ballot to be prepared by another, document or ballot box which contains official ballots
or any person who prepares the ballot of another who or other documents used in the election.
is not illiterate or physically disabled, with or without
(13) Any person having legal custody of the ballot box
the latter's knowledge and/or consent.
containing the official ballots used in the election who
(5) Any person who avails himself of any means of opens or destroys said box or removes or destroys its
scheme to discover the contents of the ballot of a voter contents without or against the order of the
who is preparing or casting his vote or who has just Commission or who, through his negligence, enables
voted. any person to commit any of the aforementioned acts,
(6) Any voter who, in the course of voting, uses a or takes away said ballot box from his custody.
ballot other than the one given by the board of election (14) Any member of the board of election inspectors
inspectors or has in his possession more than one who knowingly uses ballots other than the official
official ballot. ballots, except in those cases where the use of
(7) Any person who places under arrest or detains a emergency ballots is authorized.
voter without lawful cause, or molests him in such a (15) Any public official who neglects or fails to
manner as to obstruct or prevent him from going to the properly preserve or account for any ballot box,
polling place to cast his vote or from returning home documents and forms received by him and kept under
after casting his vote, or to compel him to reveal how his custody.
he voted.
(16) Any person who reveals the contents of the ballot
(8) Any member of the board of election inspectors of an illiterate or disabled voter whom he assisted in
charged with the duty of reading the ballot during the preparing a ballot.
counting of votes who deliberately omits to read the
(17) Any person who, without authority, transfers the
vote duly written on the ballot, or misreads the vote
location of a polling place.
actually written thereon or reads the name of a
candidate where no name is written on the ballot. (18) Any person who, without authority, prints or
causes the printing of any ballot or election returns that
(9) Any member of the board of election inspectors
appears as official ballots or election returns or who
charged with the duty of tallying the votes in the tally
distributes or causes the same to be distributed for use
board or sheet, election returns or other prescribed
in the election, whether or not they are actually used.
form who deliberately fails to record a vote therein or
records erroneously the votes as read, or records a vote (19) Any person who, without authority, keeps, uses
where no such vote has been read by the chairman. or carries out or causes to be kept, used or carried out,
any official ballot or election returns or printed proof
(10) Any member of a board of election inspectors
thereof, type-form mould, electro-type printing plates
who has made possible the casting of more votes than
and any other plate, numbering machines and other
there are registered voters.
printing paraphernalia being used in connection with
(11) Any person who, for the purpose of disrupting or the printing of official ballots or election returns.
obstructing the election process or causing confusion
(20) Any official or employee of any printing any document other than the official copy of the
establishment or of the Commission or any member of election returns.
the committee in charge of the printing of official
(bb) Common to all boards of election inspectors and
ballots or election returns who causes official ballots
boards of canvassers:
or election returns to be printed in quantities exceeding
those authorized by the Commission or who (1) Any member of any board of election inspectors or
distributes, delivers, or in any manner disposes of or board of canvassers who deliberately absents himself
causes to be distributed, delivered, or disposed of, any from the meetings of said body for the purpose of
official ballot or election returns to any person or obstructing or delaying the performance of its duties
persons not authorized by law or by the Commission or functions.
to receive or keep official ballots or election returns or (2) Any member of any board of election inspectors or
who sends or causes them to be sent to any place not board of canvassers who, without justifiable reason,
designated by law or by the Commission. refuses to sign and certify any election form required
(21) Any person who, through any act, means or by this Code or prescribed by the Commission
device, violates the integrity of any official ballot or although he was present during the meeting of the said
election returns before or after they are used in the body.
election. (3) Any person who, being ineligible for appointment
(22) Any person who removes, tears, defaces or as member of any board of election inspectors or board
destroys any certified list of candidates posted inside of canvassers, accepts an appointment to said body,
the voting booths during the hours of voting. assumes office, and actually serves as a member
thereof, or any of public officer or any person acting
(23) Any person who holds or causes the holding of an
in his behalf who appoints such ineligible person
election on any other day than that fixed by law or by
knowing him to be ineligible.
the Commission, or stops any election being legally
held. (4) Any person who, in the presence or within the
hearing of any board of election inspectors or board of
(24) Any person who deliberately blurs his fingerprint
canvassers during any of its meetings, conducts
in the voting record.
himself in such a disorderly manner as to interrupt or
(aa) On Canvassing: disrupt the work or proceedings to the end of
preventing said body from performing its functions,
(1) Any chairman of the board of canvassers who fails
either partly or totally.
to give due notice of the date, time and place of the
meeting of said board to the candidates, political (5) Any public official or person acting in his behalf
parties and/or members of the board. who relieves any member of any board of election
inspectors or board of canvassers or who changes or
(2) Any member of the board of canvassers who
causes the change of the assignments of any member
proceeds with the canvass of the votes and/or
of said board of election inspectors or board of
proclamation of any candidate which was suspended
canvassers without authority of the Commission.
or annulled by the Commission.
(cc) On candidacy and campaign:
(3) Any member of the board of canvassers who
proceeds with the canvass of votes and/or (1) Any political party which holds political
proclamation of any candidate in the absence of conventions or meetings to nominate its official
quorum, or without giving due notice of the date, time candidates earlier that the period fixed in this Code.
and place of the meeting of the board to the candidates,
(2) Any person who abstracts, destroys or cancels any
political parties, and/or other members of the board.
certificate of candidacy duly filed and which has not
(4) Any member of the board of canvassers who, been cancelled upon order of the Commission.
without authority of the Commission, uses in the
(3) Any person who misleads the board of election
canvass of votes and/or proclamation of any candidate
inspectors by submitting any false or spurious
certificate of candidacy or document to the prejudice In addition to the penalty prescribed herein, such
of a candidate. refusal shall constitute a ground for cancellation or
revocation of certificate of public convenience or
(4) Any person who, being authorized to receive
franchise.
certificates of candidacy, receives any certificate of
candidacy outside the period for filing the same and (5) Prohibition against discrimination in the sale of air
makes it appear that said certificate of candidacy was time. - Any person who operates a radio or television
filed on time; or any person who, by means of fraud, station who without justifiable cause discriminates
threat, intimidation, terrorism or coercion, causes or against any political party, coalition or aggroupment
compels the commission of said act. of parties or any candidate in the sale of air time. In
addition to the penalty prescribed herein, such refusal
(5) Any person who, by any device or means, jams,
shall constitute a ground for cancellation or revocation
obstructs or interferes with a radio or television
of the franchise.
broadcast of any lawful political program.
Sec. 262. Other election offenses. - Violation of the
(6) Any person who solicits votes or undertakes any
provisions, or pertinent portions, of the following
propaganda, on the day of election, for or against any
sections of this Code shall constitute election offenses:
candidate or any political party within the polling
Sections 9, 18, 74, 75, 76, 80, 81, 82, 83, 84, 85, 86,
place or within a radius of thirty meters thereof.
87, 88, 89, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104,
(dd) Other prohibitions: 105, 106 107, 108, 109, 110, 111, 112, 122, 123, 127,
(1) Any person who sells, furnishes, offers, buys, 128, 129, 132, 134, 135, 145, 148, 150, 152, 172, 173,
serves or takes intoxicating liquor on the days fixed by 174, 178, 180, 182, 184, 185, 186, 189, 190, 191, 192,
law for the registration of voters in the polling place, 194, 195, 196, 197, 198, 202, 203, 204, 205, 206, 207,
or on the day before the election or on election day: 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218,
Provided, That hotels and other establishments duly 219, 220, 223, 229, 230, 231, 233, 234, 235, 236, 239
certified by the Ministry of Tourism as tourist oriented and 240.
and habitually in the business of catering to foreign Sec. 263. Persons criminally liable. - The principals,
tourists may be exempted for justifiable reasons upon accomplices, and accessories, as defined in the
prior authority of the Commission: Provided, further, Revised Penal Code, shall be criminally liable for
That foreign tourists taking intoxicating liquor in said election offenses. If the one responsible be a political
authorized hotels or establishments are exempted from party or an entity, its president or head, the officials
the provisions of this subparagraph. and employees of the same, performing duties
(2) Any person who opens in any polling place or connected with the offense committed and its
within a radius of thirty meters thereof on election day members who may be principals, accomplices, or
and during the counting of votes, booths or stalls of accessories shall be liable, in addition to the liability
any kind for the sale, dispensing or display of wares, of such party or entity.
merchandise or refreshments, whether solid or liquid, Sec. 264. Penalties. - Any person found guilty of any
or for any other purposes. election offense under this Code shall be punished
(3) Any person who holds on election day, fairs, with imprisonment of not less than one year but not
cockfights, boxing, horse races, jai-alai or any other more than six years and shall not be subject to
similar sports. probation. In addition, the guilty party shall be
sentenced to suffer disqualification to hold public
(4) Refusal to carry election mail matter. - Any office and deprivation of the right of suffrage. If he is
operator or employee of a public utility or a foreigner, he shall be sentenced to deportation which
transportation company operating under a certificate shall be enforced after the prison term has been served.
of public convenience, including government-owned Any political party found guilty shall be sentenced to
or controlled postal service or its employees or pay a fine of not less than ten thousand pesos, which
deputized agents who refuse to carry official election shall be imposed upon such party after criminal action
mail matters free of charge during the election period.
has been instituted in which their corresponding not be imposed upon the offender except where
officials have been found guilty. murder, rape or arson is involved. In all cases, the
penalty shall not be higher than reclusion perpetua and
In case of prisoner or prisoners illegally released from
the offender shall be entitled to reasonable bail upon
any penitentiary or jail during the prohibited period as
sufficient sureties to be granted speedily by the
provided in Section 261, paragraph (n) of this Code,
competent court. Moreover, loss of the right of
the director of prisons, provincial warden, keeper of
citizenship and confiscation of property shall not be
the jail or prison, or persons who are required by law
imposed.
to keep said prisoner in their custody shall, if convicted
by a competent court, be sentenced to suffer the Any officer or a person who shall violate any provision
penalty of prision mayor in its maximum period if the of this section shall be punished by imprisonment of
prisoner or prisoners so illegally released commit any not less than six (6) years and one (1) day nor more
act of intimidation, terrorism of interference in the than twelve (12) years, with the accessory penalties for
election. election offenses. The provision of Section 267 of this
Code shall not apply to prosecution under this section.
Any person found guilty of the offense of failure to
register or failure to vote shall, upon conviction, be Sec. 267. Prescription. - Election offenses shall
fined one hundred pesos. In addition, he shall suffer prescribe after five years from the date of their
disqualification to run for public office in the next commission. If the discovery of the offense be made
succeeding election following his conviction or be in an election contest proceedings, the period of
appointed to a public office for a period of one year prescription shall commence on the date on which the
following his conviction. judgment in such proceedings becomes final and
executory.
Sec. 265. Prosecution. - The Commission shall,
through its duly authorized legal officers, have the Sec. 268. Jurisdiction of courts. - The regional trial
exclusive power to conduct preliminary investigation court shall have the exclusive original jurisdiction to
of all election offenses punishable under this Code, try and decide any criminal action or proceedings for
and to prosecute the same. The Commission may avail violation of this Code, except those relating to the
of the assistance of other prosecuting arms of the offense of failure to register or failure to vote which
government: Provided, however, That in the event that shall be under the jurisdiction of the metropolitan or
the Commission fails to act on any complaint within municipal trial courts. From the decision of the courts,
four months from his filing, the complainant may file appeal will lie as in other criminal cases.
the complaint with the office of the fiscal or with the
Sec. 269. Preferential disposition of election offenses.
Ministry of Justice for proper investigation and
- The investigation and prosecution of cases involving
prosecution, if warranted.
violations of the election laws shall be given
Sec. 266. Arrest in connection with the election preference and priority by the Commission on
campaign. - No person shall be arrested and/or Elections and prosecuting officials. Their
detained at any time for any alleged offense committed investigation shall be commenced without delay, and
during and in connection with any election through shall be resolved by the investigating officer within
any act or language tending to support or oppose any five days from its submission for resolution. The
candidate, political party or coalition of political courts shall likewise give preference to election
parties under or pursuant to any order of whatever offenses over all other cases, except petitions for writ
name or nature and by whomsoever issued except only of habeas corpus. Their trial shall likewise be
upon a warrant of arrest issued by a competent judge commenced without delay, and shall be conducted
after all the requirements of the Constitution shall have continuously until terminated, and the case shall be
been strictly complied with. decided within thirty days from its submission for
decision.
If the offense charged is punishable under a
presidential decree whether originally or by
amendment of a previous law, the death penalty shall ARTICLE XXIII.
LEGAL FEES nationwide campaign as shown by the extent of its
organization and the number of Members of
Parliament affiliated with it: Provided, however, That
Sec. 270. Collection of legal fees. - The Commission
with specific reference to the next local elections in
is hereby authorized to collect fees as follows:
constituencies which are represented in the Batasang
(a) For furnishing certified transcript of records or Pambansa by Members who do not belong either to the
copies of any record, decision or ruling or entry of majority party or to the political party or coalition of
which any person is entitled to demand and receive a political parties described above, the representatives of
copy, for every page P 2.00 the opposition in the board of election inspectors,
(b) For every certificate or writ or process 10.00 board of canvassers or other similar bodies shall be
proposed exclusively by the party to which said
(c) For each certificate not on process 2.00 Member of the Batasang Pambansa belong: Provided,
(d) In appropriate cases, for filing a second and however, That it is registered before the next local
succeeding motions for reconsideration 50.00 elections.

(e) For every search of any record of more than one Any political party, group or organization or coalition
year's standing and reading the same 10.00 of political parties seeking accreditation under this
section shall file a verified petition with the
Sec. 271. Payment of Fees. - The fees mentioned in the Commission on Elections stating therein such
preceding section shall be paid to the cashier of the information as may be necessary to enable the
Commission who shall in all cases issue a receipt for Commission to determine the qualifications for
the same and shall enter the amount received upon his accreditation in accordance with the standard herein
book specifying the date when received, the fee, and provided.
the person from whom received. The cashier shall
immediately report such payment to the Commission. The Commission on Elections shall accredit the
dominant opposition party not later than thirty days
before the campaign period in every election.
ARTICLE XXIV.
In case a presidential election is held before the next
TRANSITORY PROVISIONS local elections or before the presidential election in
1987, the provisions of the Constitution shall be
Sec. 272. Pending actions. - Pending actions and enforced in determining which shall be the dominant
causes of action arising before the effectivity of this opposition party for purposes of the next local
Code shall be governed by the laws then in force. elections.

Sec. 273. Designation of certain pre-election acts Sec. 275. Party representatives in the board of
immediately after the approval of this Code. - If it election inspectors. - Until such time as the two
should no longer be reasonably possible to observe the accredited political parties are determined in
periods and dates herein prescribed for certain pre- accordance with the provisions of the Constitution, the
election acts in the election immediately following the two members shall each be proposed by the ruling
approval of this Code, the Commission shall fix other party and the dominant opposition party as may be
periods in order to ensure that voters shall not be determined by the Commission pursuant to the
deprived of their right of suffrage. provisions of this Code.

Sec. 274. Accreditation of dominant opposition party. Sec. 276. Appropriations, and insurance for board of
- For purposes of the next local elections in 1986 and electioninspectors. - The cost of holding the next local
the next presidential elections in 1987 or earlier, the elections provided in this Code shall be funded out of
dominant opposition party shall be that political party, the current appropriations of the Commission on
group or organization or coalition of major national or Elections provided for this purpose. In case of
regional political parties opposed to the majority party deficiency, additional funding may be provided out of
which has the capability to wage a bona fide the special activities fund intended for special priority
activities authorized in the General Appropriations lawmaking power of the President is in force. He shall
Act. be deemed automatically on leave and the Speaker
Pro-Tempore shall act as Speaker. While acting as
The chairman and the poll clerk of the board of
President, the Speaker may not be removed. He shall
election inspectors shall receive per diem at the rate of
not be eligible for election in the immediately
one hundred pesos on election day and fifty pesos on
succeeding election for President and Vice-President.
each of the registration and revision days. The
inspectors of the political parties shall be granted a per The Batasang Pambansa shall, at ten o'clock in the
diem of fifty pesos on election day and twenty-five morning of the third day after the vacancy occurs,
pesos on each of the registration and revision days. convene in accordance with its rules without need of a
Education support personnel of the Ministry of call and within seven days enact a law calling for a
Education, Culture and Sports shall receive a per diem special election to elect a President and a Vice-
of twenty-five pesos during election day. president to be held not earlier than forty-five days nor
later than sixty days from the time of such call. The
Supervisors, principals and other administrators of the
bill calling such special election shall be deemed
Ministry of Education, Culture and Sports who may be
certified under paragraph (2), Section 19, Article VIII
asked by the Commission, and actually report, for
of the Constitution and shall become law upon its
supervisory assignment during registration and
approval on third reading by the Batasang Pambansa.
election day shall be entitled to a per diem of fifty
Appropriations for the special election shall be
pesos.
charged against any current appropriations and shall
The provincial, city and municipal treasurers shall be exempt from the requirements of paragraph (4),
receive per diem at the rate of one hundred pesos on Section 16 of Article VIII of the Constitution. As
election day. provided in the third paragraph, Section 9 of Article
Payments of per diems under this section shall be VII thereof, the convening of the Batasang Pambansa
made within seventy-two hours after the election or cannot be suspended nor the special election
registration day. postponed. No special election shall be called if the
vacancy occurs within seventy days before the date of
The chairman, poll clerk and party representatives in the presidential election of 1987.
the board of election inspectors shall be insured with
the government Service Insurance System at fifty Appointments extended by the Acting President shall
thousand pesos each under terms and conditions that remain effective, unless revoked by the newly elected
shall be agreed upon by the Chairman of the President within ninety days from his assumption of
Commission, the Ministries of the Budget, and the office.
Minister of Education, Culture and Sports. Sec. 278. Special election to fill existing vacancies in
Sec. 277. Special election for President before 1987. - the Batasang Pambansa. - The election of Members to
In case a vacancy in the Office of the President occurs fill existing vacancies in the Batasang Pambansa shall
before the presidential election in 1987, the Speaker of be held simultaneously with the next local election in
the Batasang Pambansa shall act as President until a 1986 or in the next special national election for
President and a Vice-President or either of them shall President and Vice-President if one is held earlier.
have been elected and shall have qualified. Their term Sec. 279. Elective officials in existing sub-provinces.
of office shall commence at noon of the tenth day - The election of elective public officials in existing
following their proclamation, and shall end at noon on sub-provinces shall likewise be held simultaneously
the thirtieth day of June of the sixth year thereafter. with the next local elections of 1986 and 1990 in
The Acting President may not declare martial law or accordance with their respective charters, subject to
suspend the privilege of the writ of habeas corpus the same term, qualifications, manner of election and
without the prior consent of at least a majority of all resolution of election controversies as are herein
the Members of the Batasang Pambansa, or issue any provided for comparable provincial elective officials.
decree, order or letter of instructions while the
ARTICLE XXV.
FINAL PROVISIONS

Sec. 280. Reorganization of the Commission on

Elections. - In order to promote maximum efficiency
in carrying out its constitutional duty to insure free,
orderly and honest elections and in discharging its
judicial powers and functions under the Constitution,
the Commission is hereby authorized to reorganize its
office within twelve months after the first election to
be held under this Code. It may create, merge, or
abolish departments, offices, divisions or units,
redistribute functions and reassign personnel, change
designations of existing positions subject to pertinent
existing laws and regulations. It may recommend the
levels and rates of salaries of its subordinate officials
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.
Sec. 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, the remainder of
this Code or the application of such section, provision
or portion thereof to other persons, groups or
circumstances shall not be affected by such
declaration.
Sec. 282. Repealing clause. - Presidential Decree No.
1296, otherwise known as The 1978 Election Code, as
amended, is hereby repealed. All other election laws,
decrees, executive orders, rules and regulations, or
parts thereof, inconsistent with the provisions of this
Code are hereby repealed, except Presidential Decree
No. 1618 and Batas Pambansa Blg. 20 governing the
election of the members of the Sangguniang Pampook
of Regions IX and XII.
Sec. 283. Effectivity. - This Code shall take effect
upon its approval.