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Omnibus Election Code of the

Philippines, as amended

Batas Pambansa Blg. 881, as amended


Approved: December 3, 1985
Article 1
• Section 1 - Title
– The Act shall be known and cited as the “Omnibus Election Code
of the Philippines”

• Section 2 - Application
– Shall govern all elections of public officers and to extent
appropriate, all referenda or plebiscite.

• Section 3 - Date of election and campaign periods


– There shall be simultaneous regular elections for national and
local officials once every 3 years on the second Monday of May.
• Exemption . Senators, only 12 shall be elected (as amended by RA. 7166)
– Unless otherwise fixed by the COMELEC regular election shall
commence 90 days before the day of the election and shall end
30 days thereafter.
Article 1
• Section 4 - Obligation to register and vote
– It shall be the obligation of every citizen qualified to vote, to register and
cast his vote.

• Section 5, 6 & 7 Postponement of election, Failure of Election & call of Special


Election
– The postponement of election shall be decided by the COMELECT en banc
by a majority vote of its members.
– Grounds: on the account of force majeure, violence, terrorism , lost or
destruction of election paraphernalia or records, fraud or other analogous
causes of such a nature that the holding of a free, orderly and honest
election should become impossible
– Failure of election in any polling places has not been held on the date fixed
or suspended. Such failure or suspension will affect the result of the
election.
– In case of permanent vacancy shall occur in the Senate or HR at least one
year before the expiration of the term, the COMELECT shall hold a special
election to fill the vacancy not later than 60 days nor longer than 90 days
after such occurrence of the vacancy.
– Request by the Commission motu proprio or verified petition by any
interested party and after due notice and hearing
Article 1
• Section 8 – Election Code to be available in polling places
– Printed copy of the election code in English or in national language shall be
provided and made available in every polling places
• Section 9 – Official mail/telegram relative to elections
– Papers in connection with the election and required to be sent to public
officers in the performance of their election duties shall be free of postage
and telegram transmitted.
• Section 11 – failure to assume office
– The office of any official elected who fails or refuses to take his oath of
office within 6 months from his proclamation shall be considered vacant.
Unless said failure is for a cause beyond his control.
• Section 12 – Disqualifications
– The following are disqualified to be a candidate and to hold office:
• Person declared by competent authority to be insane
• Those sentenced by final judgment for subversion, insurrection, rebellion.
• Those sentenced for any offense to a penalty of more than 18 months or for a
crime involving moral turpitude
– Unless given plenary pardon or granted amnesty
– After expiration f a period of 5 years from his service of sentence
Article 2

• Section 13 – Regular Election for President and Vice President


– The regular election shall be held on the second Monday of may,
unless otherwise provided.
– P & VP elected shall begin their term on noon on the 30th day of
June next following
– President shall not be eligible for any reelection
– No person who has succeeded as President and has served for
more than 4 years shall be qualified for election to the same
office on time.
– No Vice President shall serve for more than 2 consecutive terms.
– Voluntary renunciation of the office for any length of time shall
not be considered as an interruption in the continuity of the
service for the full term for which he is elected.
Article 2
• Section 15 – Canvass of Votes for President and Vice President by the provincial or city
board of canvassers:

– The city, municipality board of canvasser shall canvass the election returns for
President, Vice President, Senators and Members of the House of Representatives
and for elective provincial and city or municipal officials.
– Upon completion of the canvass, it shall prepare the certificate of canvass and there
after proclaim the elected city or municipal officials
– The certificate of canvass shall be prepared by the city boards of canvassers of cities
comprising of 1 or more legislative districts by provincial or district board of
canvassers in the Metro Manila and distributed as follows:

• 1st copy shall be sent to the Congress, directed to the Senate President for the
canvass of election results for President and Vice President.
• 2nd copy shall be sent to COMELEC for use in the canvass of the election results
for Senators
• 3rd copy shall be kept by the chairman of the board
• 4th copy shall be given to the citizens arm designated by the Commission to
conduct a media-based unofficial count
• 5th, 6th and 7th copies shall be given to the representatives of any 3 of the 6
accredited major political parties in accordance with the voluntary agreement
of the parties.
Article 2
– The certificate of canvass shall be prepared in seven 7 copies by the city or
municipal board of canvassers and will be distributed as follows:

• 1st copy shall be delivered to provincial board of canvasser


• 2nd copy shall be sent to the COMELEC
• 3nd Copy shall be kept by the chairman of the board
• 4th copy shall be given to the citizen arm designated by the Commission to
conduct a media-based unofficial count
• 5th, 6th and 7th shall be given to the representatives of any 3 of the 6 major
political parties in accordance with the voluntary agreement of the parties.
Article 2
• Section 16 – Counting of votes for President and Vice President by
Congress
– The returns of every election for President and Vice President , duly certified by
the board of canvassers of each province or city, shall be transmitted to the
Congress
– Upon receipt of the certificates of canvass, the Senate President shall not later
than 30 days after the day of election, open all certificates in the presence of
the Senate and House of Representatives in joint sessions
– The congress upon determination of the authenticity and due execution
thereof canvass the votes
– The person having the highest number of votes shall be proclaimed elected
– But in case two or more shall have an equal and highest number of votes, 1 of
them shall forthwith be chosen by the vote of a majority of all the members of
both houses of Congress, voting separately.

• Section 17 – Correction of errors in certificate and supporting statement


already transmitted to the Senate President
– No correction of errors allegedly committed in the certificate of canvass and
supporting statement once transmitted to the Senate President shall be
allowed
Article 2
• Section 18 – Preservation of ballot boxes, keys and disposition of content
– Until after completion by congress of the canvassing of the vote and until
an uncontested proclamation of the President and Vice President elect
shall have been obtained, the provincial, city or district board of canvassers
under joint responsibility with the provincial, city of municipal treasurer
shall provide for the safekeeping and storage of the ballot boxes in a safe
and closed chamber secured by 4 padlocks:
• 1 padlock to be provided by the board chairman
• 2nd padlock by the provincial or city treasurer concerned
• 3rd padlock by the ruling party
• 4padlock by the accredited dominant opposition political party

• Section 19 – When certificate of canvass is incomplete or bears erasures or


alterations
– The senate President shall require the board of canvassers concerned to
transmit to his office, by personal delivery, the election returns from polling
places that were not included in the certificate of canvass
– The submission of the returns shall be within 2 days from receipt of notice.
Article 2
• Section 20 – Proclamation of the President and Vice President Elect

– Upon completion of the canvass of the votes by the Congress, the person
obtaining the highest number of votes for President and Vice President shall be
declared elected
– Certificate of canvass not submitted to the Senate President on account of
missing certificates, a proclamation may be made if such missing certificates
will not affect the results of the election.
– Certificate of canvass not submitted but will affect the result of the election,
No proclamation shall be made.
Article 3
• Section 21 – Regular election of Members of Congress
– The regular election shall be held on the second Monday of May and every 3 or six years.

• Section 22 – Special Election for Members of Congress


– In case of permanent vacancy at least 1 year before the expiration of the term, COMELEC shall call
a special election not earlier than 60 days not longer than 90 days after the occurrence of the
vacancy.

• Section 23 – Composition of the Senate and Hose of Representatives


– Senator shall composed of 24 senators, who shall be elected at large by qualified votes of the
Philippines.
– House of Representatives shall be composed of not more than 250 members, unless fixed by law,
• who shall be elected from legislative districts apportioned among provinces, cities and the
Metropolitan area in accordance with the number of their respective inhabitants and on the
basis of a uniform and progressive ratio
• Who, as provided by law, shall be elected through party list system of registered national,
regional and sectoral parties or organization
– Party list representatives shall constitute 20% of the total number of representatives
• ½ of the seats allocated shall be filled from labor, peasant, urban poor, indigenous cultural
communities, women, youth and other sectors except religious sectors

• Section 24 – Appointment of representatives


– Until new appointments shall be made, members of the House of Representatives shall be
apportioned in accordance with the Constitution
Article 3
• Section 25 – Voting by province and its component cities, by highly urbanized city or
by district in Metropolitan Manila
– All candidate shall be voted at large by the registered voters of their respective
constituencies

• Section 26 – Sectoral Representatives


– Party list representatives shall constitute 20% of the total number of
representatives

• Section 27 – Scope of Sectors


– Agricultural labor sectors covers all persons who personally and physically till the
land
– Industrial labor sectors include all non-agricultural workers and employees
– Youth sector covers person not more than 25 years of age.
Article 3
• Section 29 – Regular election of local officials
– There shall elections for provincial governor & vice governors, city and municipal
mayors & vice mayors, Members of the sangguniang panlalawigan, panglungsod,
bayan including members of the city or municipal boards or councils in the Metro
Manila area to be held on second Monday of May.
– Certificate of candidacy shall be filed not later than 60 days prior to the said
elections.
– The term of office of elective officials except barangay officials shall be 3 years and
no such officials shall serve for more than 3 consecutive terms
– All local officials shall be deemed automatically resigned from their positions
effective upon the filing of their certificate of candidacy
Article VII
The Commission on Elections
• Powers and Functions of the COMELEC
– Shall have exclusive charge of the enforcement and administration and
administration of all laws relative to the conduct of elections for the purpose f
ensuring free order and honest election:
– Exercise direct and immediate supervisions and control over nationals and
local officials or employees, including members of any national or local law
enforcement agency and instrumentality of the government required by
law to perform duties relative to the conduct of elections
– Shall have he power to authorize any members of the Armed Forces of the
Philippines and PNP to act as deputies for the purpose of ensuring the
holding of free, orderly and honest elections
– Promulgate rules and regulations implementing the provisions of the
Omnibus Election Code and other laws which COMELEC is required to
enforce and administer
– It can summons partied to a controversy and issue subpoena and
subpoena duces tecum and take testimony in any investigation or hearing
before the COMELECT
Article VII
The Commission on Elections
• Powers and Functions of the COMELEC
– Punish contempt for violation of any final or executory decisions, order or
ruling of the COMELEC
– Enforce and execute decisions, directives, orders and instructions which
shall have precedence over those emanating from any other authority
– Prescribe the forms to be used in the elections, plebiscite or referendum
– Procure any supplies equipment, materials or services needed for the
holding of the election
– Prescribe the use or adoption of the latest technology and electronic
devices for election.
– Carry out a continuing and systematic campaign to educate the public and
fully inform the electorate about election laws, procedures, decisions and
other matters relative to the work and duties of COMELEC
– Enlist non partisan group of citizen from civic, youth, professional,
educational, business or labor sector known for their probity, impartiality
and integrity to assist COMELEC in the implementation of the CODE
Article VII
The Commission on Elections
• Powers and Functions of the COMELEC
– Punish contempt for violation of any final or executory decisions, order or
ruling of the COMELEC
– Enforce and execute decisions, directives, orders and instructions which
shall have precedence over those emanating from any other authority
– Prescribe the forms to be used in the elections, plebiscite or referendum
– Procure any supplies equipment, materials or services needed for the
holding of the election
– Prescribe the use or adoption of the latest technology and electronic
devices for election.
– Carry out a continuing and systematic campaign to educate the public and
fully inform the electorate about election laws, procedures, decisions and
other matters relative to the work and duties of COMELEC
– Enlist non partisan group of citizen from civic, youth, professional,
educational, business or labor sector known for their probity, impartiality
and integrity to assist COMELEC in the implementation of the CODE
Article VII
The Commission on Elections
• Powers and Functions of the COMELEC
– Enforce and administer all laws and regulation relative to the conduct of an
election, plebiscite, initiative, referendum and recall
– Exercise exclusive original jurisdiction over all contests relating to the
elections, return and qualifications of all elective regional, provincial and city
officials
• Appellate jurisdiction over all contest involving election municipal officials
decided by trial courts of general jurisdiction, or involving elective
barangay officials decided by trial court of limited jurisdiction
• Decisions, final orders, or rulings of COMELEC on election contests
involving elective municipal and barangay offices shall be final, executory
and not appealable.
– Decide, except those involving the right to vote, all questions affecting,
including determination of the number and location of polling places,
appointment of election officials and inspectors and registration of voters
Article VII
The Commission on Elections
• Powers and Functions of the COMELEC
– Register, after sufficient publication, political parties, organizations, coalitions,
which, in addition to other requirements must present their platform or
programs of government and accredit citizens’ arms of the COMELEC
• Religious denominations and sects shall not be registered
– File, upon verified complaint or in its own initiative, petitions in court for
inclusion or exclusion of voters.
• Investigate and prosecute cases of violations of election laws including
acts or omissions constituting election frauds, offenses and malpractice.

– Recommend to the Congress effective measures to minimize election


spending
– Recommend to the President the removal of any officer or employee it has
deputized or the imposition of any other disciplinary action for violation or
disregard of its decisions
Article VII
The Commission on Elections
• Qualifications
– Art. IX-C of the Constitution
• Natural-born Filipino citizen
• At least 35 years of age, at the time of appointment
• Holder of college degree
• Must not have been a candidate for any elective position in the
immediately preceding elections.
• Majority, including the Chairman, must be a member of the Bar who have
been engaged in the practice of law for at least 10 years.
– No chairman or commissioner shall sit in any case in which he has manifest
bias or prejudice for or against any party.
Article VIII
Political Parties
• Definition
– Means an organized group of persons pursuing the same ideology , political
ideas or platforms of government and includes its branches and subdivisions.

• Acquisition of Juridical personality


– A political party shall first be duly registered with the COMELEC
– Any registered political party singly or in coalition with others who fails to
obtain at least 10% of vote cast in the election next following its registration
shall after notice and hearing, be deemed to have forfeited such status as a
registered political party.

• Registration
– Political party must file a verified petition attaching thereto its constitution and
by-laws, platform, or program of government and such other relevant
information as required by COMELEC

• Publication of petition for registration or accreditation


– Petition shall be publish in at least 3 newspaper of general circulation
Article IX
Eligibility of Candidates and Certificate of Candidacy

• Section 63 – Qualifications for President and Vice President


– Must be a natural born citizen of the Philippines
– A registered voters
– able to read and write
– At least 40 years of age on the day of election
– A resident of the Philippines for at least 10 years immediately preceding the
election

• Section 64 – Qualifications for Members of Congress


– Senators
• Must be natural born citizen of the Philippines
• On the day of election, must be 35 years of age
• Able to read and write
• Registered voter resident of the Philippines of not less tan 2 years
immediately preceding the day of election
Article IX
Eligibility of Candidates and Certificate of Candidacy
– Members of House of Representatives
• A natural born citizen of the Philippines
• Able to read and write at least 25 years of age
• A registered voters in the district in which he shall be elected.
• A resident for a period of not less than 1 year immediately preceding the
day of the election

– Sectoral Representative
• A natural born citizen of the Philippines
• Able to read and write
• A resident of the Philippines for a period of not less than 1 year
immediately preceding the day of election
• A bona fide member of the sector he seeks to represent
• For agricultural or industrial labor sector, at least 25 years of age on the day
of election. For Youth sectoral representatives at least 18 and not more
than 25 years of age on the day of election.
Article IX
Eligibility of Candidates and Certificate of Candidacy
• Section 65 – Qualifications of Elective Local Officials
– Shall be those provided in the Local Government Code.
– Section 39-40 of the Local Government Code of R.A 7160 (Qualifications)
• Must be a citizen of the Philippines
• A registered voters in the barangay, municipality, or city province which he
intended to be elected
• A resident for at least 1 year immediately preceding the day of the election
• Able to read and write Filipino or any other local language or dialect.
• Age requirements:
– Governor , vice governor, members of the sangguniang panlalawigan,
mayor, vice mayor, member of sangguniang panlungsod of highly
urbanized citied must be 23 years of age on the day of election
– Mayor or vice mayor of independent component cities, municipalities
and must be 21 years of age on the day of election
– Sangguniang panlungsod or bayan, Sangguniang barangay or Punong
barangay at least 18 years of age on the day of election
– Sangguniang kabataan 15 (18) years but not more than 21 (24) years
old.
Article IX
Eligibility of Candidates and Certificate of Candidacy
– Disqualifications
• Those sentenced by final judgment for an offense involving moral turpitude
• Those after serving sentence within 2 years for an offense punishable by 1
year or more of imprisonment
• Those removed from office as a result of an administrative case
• Those with dual citizenship
• Fugitives from justice in criminal or non-political cases here or abroad
• Those convicted by final judgment for violating the oath of allegiance to the
Republic of the Philippines
• Permanent residents in a foreign country or those who have acquired the
right to reside abroad.
• Those insane or feeble-minded
Article IX
Eligibility of Candidates and Certificate of Candidacy
• Section 67 – Effect of the Filing of the Certificate of Candidacy
– Elective officials running for any office other than the one which he is holding in
a permanent capacity, shall be considered ipso facto resigned form his office
• Rule does not apply to President and Vice-President
• Section 14 Republic Act No. 9006, An Act to enhance the holding of free
orderly, honest, peaceful and credible election through fair election
practices
• Section 68 – Disqualifications
– Found to have given money or other material consideration to influence, induce
or corrupt the voters or public officials performing electoral functions
– Thos committed acts of terrorism to enhance his candidacy
– Those of spend in his election campaign an amount in excess of that allowed
under the law
– Those who solicited, received or made any contribution prohibited under the
code
– Person who is a permanent resident of or an immigrant to a foreign country
shall not be qualified to run for any elective office unless he waived his status as
permanent resident or immigrant of a foreign country.
Article IX
Eligibility of Candidates and Certificate of Candidacy
• Section 69 – Nuisance Candidates
– any person who filed a certificate of candidacy for the purpose of putting the
election process in mockery or disrepute or to cause confusion among the
voters by the similar of the names of the registered candidates or by other
circumstances or acts which clearly demonstrate that the candidate has no bona
fide intention to run for the office for which the certificate of candidacy has
been filed.
– Procedure:
• Within 3 days from the filing of the petition, COMELEC summons
respondent
• Respondent shall be given 3 days from receipt of summons to file his
answer
• COMELEC designate officials who are lawyers to hear the case and receive
evidence. Proceeding is summary in nature. Position papers are to be
submitted together with affidavits. Reports shall be submitted within 5 dyas
from the completion of such submission of evidence.
• Decision of the COMELEC within in 5 days from receipt of the parties shall
be final and executory unless stayed by the Supreme Court
Article IX
Eligibility of Candidates and Certificate of Candidacy
• Section 70 - Guest candidacy
– Political party may nominate or support candidates not belonging to it

• Section 71 - Changing political party affiliation


– Elective officials may change his party affiliation within 1 year prior to such
election

• Section 72 - Effects of disqualification cases and priority


– COMELEC and courts shall give priority to cases of disqualification by reason of
violation of the CODE
– Decision shall be rendered not later than 7 days before the election in which the
disqualification is sought
– Candidate declared by final judgment to be disqualified:
• shall not be voted and the vote cast for him shall not be counted
– Candidate not disqualified by final judgment
• his violation of the provision of the code shall not prevent his proclamation
and assumption to office.
Article IX
Eligibility of Candidates and Certificate of Candidacy
• Section 73 – Certificate of candidacy
– No person shall be eligible foe any elective public office unless he files a sworn
certificate of candidacy within the period fixed by law.
– Person who filed a certificate of candidacy, may prior to election, withdraw the
same by submitting to the office concerned of COMELEC a written declaration
under oath.
– No person shall be eligible for more than one office to be filled in the same
election.
– If the person files a certificate of candidacy for more than one office, he shall
not be eligible for any of them.
• Exception - Person who filed more than one certificate of candidacy may
declare under oath the office for which he desired to be eligible and cancel
the certificate of candidacy for the other office or offices

• Section 74 - Content of Certificate of Candidacy


– Announcement of his candidacy and the office he desire to be elected
– Other details as required.
Article IX
Eligibility of Candidates and Certificate of Candidacy
• Section 75 – Filing and distribution of certificate of candidacy
– The certificate of candidacy shall be filed on any day from the commencement
of the election period but not later than the day before the beginning of
campaign period.
– Certificate of candidacy for President, Vice President and Senator shall be filled
with the main office of the COMELEC in Manila
– Certificate of candidacy for Members of the House of Representatives shall be
filed with the provincial supervisor of the province concerned
– For Provincial offices shall be filed with the provincial supervisor concerned
– For city offices shall be filed with or municipal election registrar concerned
– For punong barangay, kagawad of sangguniang barangay, shall be filed with the
secretary of the sangguniang barangay who shall have the ministerial duty to
receive said certificate of candidacy and to immediately acknowledge receipt
thereof
• Consolidated list shall be prepared and posted in the barangay hall or any
conspicuous places in the barangay at least 10 days before election.
– Duly authorize receiving officer shall immediately send the original copy of all
Certificate of Candidacy
Article IX
Eligibility of Candidates and Certificate of Candidacy
• Section 77 – Candidates in case of death, disqualification or withdrawal of
another.
– If after the last day for the filing of certificate of candidacy, official candidate of
a registered or accredited political party dies, withdraws or is disqualified for
any cause:
• Only person belonging to and certified by the same political party may file a
certificate of candidacy to replace the candidate who died, withdrew or
disqualified
– The substitute candidate may file his certificate of candidacy for the office
affected not later than mid-day of the day of the election
– If the death, withdrawal or disqualification should occur between the day
before the election and mid-day of election, said certificate may be filed with
any board of election inspectors in the political subdivision where he is a
candidate or in case the candidates to be voted by the entire country, with the
COMELEC.
Article IX
Eligibility of Candidates and Certificate of Candidacy
• Section 78 – Petition to deny due course to or cancel a certificate of candidacy
– A verified petition to declare a duly registered candidate as nuisance candidate
shall be filed personally or through duly authorized representative with the
COMELEC by any registered candidate for the same office within 5 days from
the last day for the filing of a certificate of candidacy.
– Filing by mail is not allowed
• Within 3 days from the filing of the petition the commission shall issue
summons to the respondent candidate together with a copy of the petition
• Respondent is given 3 days from receipt of the summons to file his verified
answer (not motion to this dismiss)
• Commission may designate any of its official who are lawyers to hear the case
and receive evidence
• The proceeding shall be summary in nature
• Decision, order or ruling of the Commission shall after 5 days from receipt
thereof by the parties be final and executory unless stayed by the Supreme
Court.
• Commission shall within 24hours thru fastest available means disseminate its
decision or the decision of the Supreme Court to city, municipal election
registrar , board of inspectors and general public.
Article X
Campaign and Election Propaganda
• Section 79 Definition
– Election campaign – or partisan political activity – refers to an act designated
to promote the election or defeat of a particular candidate/s to a public office

– What constitute election campaign:


• Forming organization, association, clubs, committees or other groups for
the purpose of soliciting votes and/or undertaking any campaign for or
against a candidate.
• Holding political caucuses, conference, meetings, rallies, parade or similar
assemblies for the purpose of soliciting votes
• Making speeches, announcement or commentaries or holding interview for
or against the election of any candidate
• Publishing, or distributing campaign literatures or materials designated to
support or oppose the lection of any candidate
• Directly or indirectly soliciting votes, pledges or support for or against a
candidate.
Article X
Campaign and Election Propaganda
• Section 80 – Election campaign activity outside campaign period
– It shall be unlawful for any person to engage in an election campaign except
during campaign period.
– Political parties may hold political conventions to nominate their official
candidate within 30 days before the commencement of campaign period and 45
days for presidential and vice-presidential election

• Section 81 – Intervention of foreigners


– It shall be for any foreigners to aid any candidate or political party directly or
indirectly.

• Section 82 - Lawful election propaganda

• Section 83 – Removal , destruction or defacement of lawful election propaganda


prohibited.
– It shall be unlawful for any person during campaign period to remove, destroy or obliterate, deface or
tamper with or prevent the distribution of lawful election propaganda.

• Section 84 – Requirements for published or printed election propaganda


Article X
Campaign and Election Propaganda
• Section 85 – Prohibited forms of election propaganda

• Section 86 – Regulation of election propaganda through mass media

• Section 87 – Rallies, meeting and other political activities

• Section 88 – Public rally


– Any political party or candidate shall notify the election registrar concerned of
any public rally intended to be organized
– Within 7 working days thereafter submit to the election registrar a statement of
expenses incurred in connection therewith.

• Section 89 – Transportation, food and drinks


– It shall be unlawful for any candidate, political party, organization or any person
to give or accept, free of charge, directly or indirectly transportation, food or
drinks or thing of value during the 5 hours before and after a public meeting on
the days preceding the election and on the day of the election.
Article X
Campaign and Election Propaganda
• Section 90 – Comelec space

• Section 91 – Comelec Poster Areas

• Section 92 – Comelec time

• Section 93 – Comelec information bulletin


Article XI
Electoral Contributions and Expenditures
• Section 94 Definition

– Contribution
• Include a gift, donation.. Subscription, loan, advance or deposit of money or
anything of value or a contract, promise or agreement to contribute,
whether or not legally enforceable, made for the purpose of influencing the
results of the elections
• Shall not include services rendered without compensation by individuals
volunteering a portion or all of their time in behalf of a candidate or
political party.

– Expenditure
• Include the payment or delivery of money or anything of value or contract ,
promise or agreement to make an expenditure, for the purpose of
influencing the results of the election.
Article XI
Electoral Contributions and Expenditures
• Section 95 Prohibited Contributions
– No contribution for the purpose of partisan political activity shall be made
directly or indirectly by any of the followings:
• Public or private financial institutions
• Natural or juridical persons operating a public utility or in possession of or
exploiting any natural resources of the nation
• Persons who holds contracts or subcontracts to supply the government or
any of its subdivisions and instrumentalities with goods or services or to
perform construction or other works.
• Persons who have been granted franchises, incentives, exemptions,
allocations or similar privileges or concession by the government
• Persons who within one year to the date of election have been granted
loans or other accommodations in excess of P100,000 by the government
or any of its subdivisions or instrumentalities
• Educational institutions who are received grants of public funds amounting
to no less than 100,000
• Officials or employees in the Civil Service or members of the AFP
• Foreigners and foreign corporations.
Article XI
Electoral Contributions and Expenditures
• Section 96 – Soliciting or receiving contributions from foreign sources

• Section 97 - Prohibited raising of funds

• Section 98 – True name of the Contributor required

• Section 99 – Report of contribution

• Section 100 – Limitations upon expenses of candidates

• Section 101 –(repealed)

• Section 102 - Lawful expenditures

• Section 103 – Persons authorized to incur election expenditure


Article XI
Electoral Contributions and Expenditures
• Section 104 - Prohibited donations by candidates, treasurers of parties or their
agents

• Section 105 – Accounting by agents of candidate or treasurer

• Section 106 – Records of contribution and expenditures.

• Section 107 – Repealed

• Section 108 – Repealed

• Section 109 Forms and contents of statements

• Section 110 – Preservation and inspection of statements


Article XI
Electoral Contributions and Expenditures
• Section 111 – Effect of failure to file statement
– No person elected to any public office shall enter upon the duties of his office
until he has filed the statement of contribution and expenditures required.

• Section 112 Report of contractor and business firms


– Every person or firm to whom any election expenditure is made shall within 30
days after the day of election, filed with the commission a report setting forth
the full names and exact address of the candidate, treasurers of political parties
and other persons incurring such expenditures.
Article XII
Registration of Voters
• Section 113 – Permanent List of Voters
– COMELEC through election registrars shall assign the proper precincts and
polling places to the registered voters in said list
– Written notice shall be made to the affected voters within 2 weeks from any
changes thereof.

• Section 114 - Renewal of Permanent List


– List of voters prepared shall be renewed in 1996 and every 12 years thereafter
(2008-2020-2030 etc)

• Section 115 – Necessity of Registration


– In order that a qualified elector may vote in any election, he must be registered
in the permanent list of voters for the city or municipality in which he resides.

• Section 116 – Who may be registered in the list


– All person with all qualifications and none of the disqualifications
Article XII
Registration of Voters
• Section 117 – Qualifications of a voter
– Must be citizen of the Philippines
– No disqualified by law
– 18 years of age or over
– Resided in the Philippines for 1 year and in the city or municipality wherein he
proposes to vote at least 6 month immediately preceding the election
– No literacy, property or other substantive requirements shall be imposed on the
exercise of suffrage (1987 constitution Sec 1 Art V)

• Section 118 – Disqualification


– Any person sentenced by final judgment to suffer imprisonment for not less
than 1 year (person disqualified can require the right to vote upon expiration of
5 years after service of sentence) (unless pardon or grant of amnesty)
– Any person adjudged by final judgment by competent court or tribunal of
having committee any crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation of anti-subversion , firearms
laws or any crime against national security. (unless as stated above)
– Insane or incompetent person as declared by competent authority
Article XII
Registration of Voters
• Section 119 – Preparation of the permanent list of voters

• Section 120 – Preparation of the list before other regular elections

• Section 121 Preparation of list before any special election, plebiscite or referendum

• Section 122 – Transfer of names of voters from the permanent list to the current
one
– The transfer of the names of voters of the precinct already registered in the list
used in the preceding election to the list to be made as provided for in the two
preceding sections is a ministerial duty of the board
– Any omission, error in copying shall be corrected motu proprio or upon petition
of interested party
– If the board refuse such correction, interested party may file with MTC. Decision
of MTC is final and unappealable
Article XII
Registration of Voters
• Section 123 - Cancellation and exclusion in the transfer of names
– In transferring names of the voters of the precinct from the current list, the board shall
exclude:
• Those whose have applied for the cancellation of their registration
• Those who died
• Those who did not vote in the immediately preceding two successive regular
elections
• Those who have been excluded by court orders
• Those who are disqualified (denial - petition to MTC whose decision is final)
• Section 124 – Meeting to close the list of voters
– Voter failed to be included – said person shall present certified copy of the order of
inclusion and proper identification to be allowed to vote.
• Section 125 - Re-registration
– Voters who is registered in the permanent list need not registered anew for subsequent
elections unless:
• He transfer residence to another city or municipality
• His registration has been cancelled on the ground of disqualification and such
disqualification has been lifted or removed
• Voters whose registration has been cancelled due to failure to vote in the preceding
regular election may register anew in the city or municipality where he is qualified
Article XII
Registration of Voters
• Section 126 – Registration of Voters
– There shall be a registration on the 15th Saturday before the day of election for
voters who will reach the age of 18 years on or before the day of the election or
for those who are qualified by not registered in the list of voters.

• Section 127 – Illiterate or disable applicants


– Voter’s affidavit of an illiterate or physically disabled person may be prepared by
any relative within 4th civil degree or consanguinity or affinity or by any member
of the board of election inspector who shall prepare the affidavit in accordance
with the date supplied by the applicant.

• Section 128 – Voter’s identification


– Identification card issued to the voters shall serve and be considered as a
document for the identification of each registered voter
– If no ID card, when identity is challenge, his identity can be established by the
specimen signatures, photograph or finger prints in the voter’s affidavit in the
book of voters
Article XII
Registration of Voters
• Section 136 - Challenge of right to register
– Any person applying for registration may be challenged before the board of
election inspectors on any registration day by any member, voter, candidate or
watcher.

• Section 137 – Power of the board of election inspector to administer oaths and
issue summons
– For the purpose of determining the right of the applicant to be registered as
voters, the board of inspectors shall have the same power to administer oaths,
issue subpoena and subpoena duces tecum but fees will be paid in advance by
the party whose behalf the summons is issued.

• Section 138 – Jurisdiction in inclusion and exclusion cases


– MTC and Metropolitan trial court shall have original and exclusive jurisdiction
over all matters of inclusion and exclusion of voters
– Decision of the courts may be appealed to the RTC within 5 days from receipt of
notice. RTC to decide the appeal in 10 days
– Otherwise, MTC decision will become final and executory
Article XII
Registration of Voters
• Section 139 – Petition for inclusion of voters in the list
– Any person whose application for registration has been disapproved by the board of
election inspectors, within 20 days after last registration, may apply with the MTC for an
order directing the board of inspectors to include or reinstate his name in the list.

• Section 140 – Voters excluded through inadvertence or registered with an erroneous or


misspelled name
– Any voter registered in the permanent list who has not been included in the list prepared
for the election, or who has been included with wrong or misspelled name may file an
application with the MTC or Metropolitan trial court for an order directing that his name
be reinstated in the list or that he be registered with a correct name

• Section 141 - Change of name of registered voter


– Any previous registered voter whose name has been change by reason of marriage or
court order may request the board of election inspectors that his registration in the list be
recorded.

• Section 142 – Petition for exclusion of voters from the list


– Any registered voter may apply with the MTC for the exclusion of a voter from the list.
– The petition shall be sworn to accompanied by proof of notice to the board
Article XII
Registration of Voters
• Section 144 – Canvass to check registration
– Election registrar shall once every 2 years or oftener should the COMELEC
deemed necessary to preserve integrity of permanent list of voters conduct
verification by mail or house to house canvass of registered voters.

• Section 145 – Annulment of the List of Voters


– Ground to annul are: Fraud, Bribery, Forgery , Impersonation, intimidation or
any other similar irregularity or which is statically improbable may be annulled
after due notice and hearing
– No order, ruling or decision annulling a book of voters shall be executed within
60 days before an election

• Section 146 – Reconstitution of lost or destroyed registration records


– COMELEC shall reconstitute all registration records which have been lost or
destroyed.
– The reconstitution of any lost or destroyed application from registration shall or
affect the criminal liability of any person responsible for such lost or
destruction.
Article XVII
Casting of Votes
• Section 190 – Voting Hours
– The casting of votes shall start at 7am and end at 3 pm, except when there are
voters present within 30 meters in front of the polling place who have not yet
cast their votes.

• Section 191- Preliminaries to Voting

• Section 192 – Persons allowed in and around the polling place


– Members of the board of election inspectors
– Watchers
– Representatives of the COMELEC
– Voters casting their votes
– Voters waiting for their turn to get inside the booths whose number shall not
exceed 20 at any one time.
– No barangay officials or officer or member of AFP and Integrated National
Police, or peace officer or any armed person belonging to any extra-legal police
agency, security guard or all other kinds of armed or unarmed extra legal police
officers is allowed to enter any polling places or 50 meters radius thereof unless
he will vote.
Article XVII
Casting of Votes
• Section 193 Order of Voting
– The voter shall vote in the order of their entrance into the polling places
– Voters shall have the right to freely enter the polling places as soon as they
arrive unless there are voters waiting inside
– Voters after having cast their votes shall immediately depart

• Section 194 – Manner of obtaining ballots


– the voter shall give his name and address together with other data concerning
his person
– Once the chairman of the Board of election inspector is satisfied with his
identity the former shall distinctly announce the voter’s name in a tone loud
enough to be plainly heard thorughout the polling place. If no challenge, the
voter will affix is signature in the voting record and thereafter will be given one
ballot

• Section 195 – Manner of preparing the ballot


– The voter shall be given a ballot by the chairman of the Board of Election
inspectors
– The voter shall then proceeded to a voting booth to accomplished his/her ballot
Article XVII
Casting of Votes
• Section 196 – Preparation of ballots for illiterate and disabled persons
– A voter who is illiterate or physically unable to prepare the ballot by himself
maybe assisted in the preparation of his ballot by relative by affinity or
consanguinity within 4th civil degree
– If no relative as mentioned above, by any person of his confidence who belong
to the same household, or by member of the board of election inspectors
except of the 2 party member.
– In no case an assistor assist more than 3 times except the non-party members
of the bard of election inspectors

• Section 197 – Spoiled ballots


– If a voter should accidentally spoil or deface a ballot in such a way that it cannot
lawfully be used, he shall surrender it folded to the Chairman of the Board of
Election inspectors who shall note in the voting record that said ballot is spoiled
– No voter shall change his ballot more than twice
Article XVII
Casting of Votes
• Section 198 – Voting
– COMELEC shall prescribed the manner and procedure of voting, which can
easily understood and followed by the voters, taking into consideration among
other things, the secrecy of the voting (R.A. 9369)
– After the voter has filled his ballot he shall fold it in the same manner as when
he receive it and return to the chairman
– In the presence of all the members of the Board of election inspectors, he shall
affix his thumbmark on the corresponding spaces in the coupon and deliver the
ballot to t chairman
– The chairman, in the presence and view of the voter all members of the Board
shall verify its number from the voting record where it was previously entered.
– Voter shall affix his thumbmark by the side of his signature in the space
intended for the purpose of voting record.
– The chairman shall apply silver nitrate and commassie blue on the right
forefinger nail or any other available finger nail if there be no forefinger nail.

• Section 199 – Challenge of illegal voters

• Section 200 - Challenge based on certain illegal acts


Article XVIII
Counting of Votes
• Section 206 – Counting to be pubic and without interruption
– The COMELEC shall prescribe the manner and procedure of counting the votes
under the automated system.
– As soon as the voting is finished the board of election inspectors shall publicly count
in the polling place the votes cast and ascertain the results. The counting of votes
shall be public and conducted in the designated counting center.

• Section 207 – Excess ballots


– Before proceeding to count the votes, the board of election inspectors shall count
the ballots in the compartment for valid ballot without unfolding them or exposing
their contents except to ascertain that each ballot is single and compare the number
of ballots in the box with the number of voters who have voted
– If there are excess ballots they shall be returned in the box and thoroughly mixed
and the poll clerk shall publicly draw out as many ballots as may be equal to the
excess.
– Excess ballots drawn shall be place in an envelope and will be marked as excess
ballots

• Section 208 – Marked ballots


– The board shall unfold ballots to determined where there are marked ballots
Article XVII
Casting of Votes
• Section 210 – Manner of Counting Votes
• Section 211 – Rules for appreciation of ballots
– Every ballot shall be presumed valid unless there is clear and good reason to
reject it.
– Where only the first name of candidate or only his surname is written, the vote
for such candidate is valid, if there is no other candidate with the same first
name or surname for the same office.
– Where only the first name of the candidate is written on the ballot, which when
read, has a sound similar to the surname of another candidate, the vote shall be
counted in favor of the candidate with such surname.
– If there are 2 or more candidate with the same full name, the first name or
surname and one of them is the incumbent and on the ballot is written only
such full name, first name or surname, the vote shall be counted in favor of the
incumbent
– In case candidate is a woman who uses her maiden pr married surname or both
and there is another candidate with the same surname, ballot bearing only such
surname shall be counter in favor of the candidate who is an incumbent
– The accidental tearing of ballot does not annul it
Article XVII
Casting of Votes
• Section 211 – Rules for appreciation of ballots
– When 2 or more words are written on the same line on the ballot, all of which
are the surnames of 2 or more candidates, the same shall not be counted for
any of them, unless one is a surname of an incumbent who has served for at
least 1 year then it shall be counted in his favor
– When on ballot is written a single word which is first name of a candidate and
which is at the same time the surname of his opponent, the vote shall be
counted in favor of the latter.
– When 2 words are written on the ballot, one of which is the first name of the
candidate and the other is the surname of his opponent, the vote shall not be
counted for either.
– A name or surname incorrectly written which, when read has a sound similar to
the name or surname of a candidate when correctly written shall be counted in
his favor
– When a name of a candidate appears in a space of the ballot for an office for
which he is a candidate and another space for which he is not a candidate, it
shall be counted in his favor for the office for which he is a candidate and the
vote for the office which he is not a candidate shall be considered as stray
(except when it is use to identify the voter, in which case the ballot is void.
Article XVII
Casting of Votes
• Section 211 – Rules for appreciation of ballots
– When in a space in the ballot there appears a name of a candidate that is
erased and another clearly written, the vote is valid for the latter.
– The erroneous initial of the first name which accompanies the correct surname
of a candidate, the erroneous initial of the surname accompanying the correct
first name of candidate or the erroneous middle initial of the candidates shall
not annul the vote in favor of the latter.
– The fact that there exist another person who is not a candidate with the first
name or surname of a candidate shall not prevent the adjudication of the vote
of the latter.
– Ballots which contain prefix such as SR, Mr, Datu, Don, Ginoo, Hon, Gob or
suffixes like Hijo, Jr, Segundo are valid
– The use of the nickname and appellation of affection and friendship if
accompanied by the fist name or surname of the candidate does not annul such
vote (except when used as means to identify voter)
– Any vote containing initials only or which is illegible or which does not
sufficiently identify the candidate for whom it is intended shall be considered as
a stray vote but shall not invalidate the whole ballot.
Article XVII
Casting of Votes
• Section 211 – Rules for appreciation of ballots
– If on the ballot is correctly written the first name of a candidate but with a
different surname, or the surname of the candidate is correctly written but with
different first name. the vote shall not be counted in favor of any candidate
having such first name and/or surname but the ballot shall be considered valid
for other candidates.
– Any ballots written with crayon, lead pencil, or ink wholly or in park shall be
valid
– Where there are 2 or more candidate voted for in an office for which the law
authorizes the election of only one, the vote shall not be counted in favor of any
of them, but this shall not affect the validity of the other votes therein
– If the candidates voted for exceed the number of those to be elected, the ballot
is valid but the votes shall be counted only in favor of the candidates whose
names were firstly written by the voters within the spaces provided for said
office in the ballot until the authorized number is covered.
– Any vote is favor of a person who has not filed a certificate of candidacy or in
favor of candidate for an office for which he did not present himself shall be
considered as stray votes but it shall not invalidate the whole ballot.
Article XVII
Casting of Votes
• Section 211 – Rules for appreciation of ballots
– Ballots containing the name of a candidate printed and pasted on a blank space
of the ballot or affixed thereto through any mechanical process are totally null
and void.
– Circles, crosses or lines put on the spaces on which the votes has not voted shall
be considered as sign to indicate his desistance from voting and shall not
invalidate the ballot.
– Any ballot which clearly appear to have been filled by 2 distinct persons before
it was deposited in the ballot box during voting is totally null and void.
– Any vote cast in favor of a candidate who has been disqualified by final
judgment shall be considered stray and shall not be counted but will not
invalidate the ballot.
– Ballots wholly written in Arabic in localities where is a general use are valid.
– Failure to remove the detachable coupon from ballot does not annul such ballot
Article XVII
Casting of Votes
• Section 212 – Election Return (Amended by R.A. 9369)
– The board of election inspectors shall prepare the election returns
simultaneously with the counting of votes in polling places
– The recording of vote shall be made as prescribed
– The entry of votes in words and figures of each candidate shall be closed with
the signature and the clear imprint of the thumbmark of the right hand of all
the members
– Thumbmark and signature to be affixed in full view of the public immediately
after the last vote recorded or immediately after the name of the candidate
who did not receive any vote.
– Return shall show the date of the election, the polling place, the barangay and
the city or municipality in which it was held, the total number of ballots found
in the compartment for valid ballots, total number of valid ballots withdrawn for
spoiled ballots, excess ballots, marked or void ballots and total numbers of
votes obtained by each candidate
– Writing out the said number of words and figures and the certification of the
board of election inspectors that the content are correct.
– The return shall be accomplished in a single sheet of paper, if possible
Article XVII
Casting of Votes
• Section 212 – Election Return (Amended by R.A. 9369)
– The COMELEC shall take steps so that the entries on the first copy of the
election returns are clearly reproduced on the 2nd, 3rd, 4th, 5th, 6th copies.
COMELECT shall use a special paper
– Immediately upon the accomplishment of the election return for national
position:
• The poll clerk shall announce the posting of the second copy on the wall
with sufficient lighting within the premises of the polling place or counting
center.
• He shall then do the same in the presence of the other members of the
Board, watchers and those present in polling place or center
• Without delay, when feasible, he shall secure an image of the election
return using a secured data capturing devise and immediately thereafter,
directly print 30 copies of the election return
• Once the print have been produced, the poll clerk shall call the other
members of the board to authenticate each printed copy by closely
comparing the same with the election return posted on the wall in the
presence of the watches and within view of the pubic.
Article XVII
Casting of Votes
• Section 212 – Election Return (Amended by R.A. 9369) (Number of copies of Election returns
and their Distribution) (ELECTRONIC RETURNS)
– In the election of President, Vice-President, Senator and Member of HRs (including party-
list)
• 1st copy shall be delivered to the city or municipal board of canvassers
• 2nd copy to Congress directed to the President of Senate
• 3rd copy, to the COMELEC
• 4th copy to a citizen’s arm authorized by the Commission to conduct an unofficial
count
• 5th copy to the dominant majority party as determined by COMELEC
• 6th copy to the dominant minority party as determined by the COMELEC
• 7th copy shall be deposited inside the compartment of the ballot box for valid ballots.
• 8th copy to the Provincial Board of canvasser
• 9th to 18th copies – shall be given to the 10 accredited major national parties,
excluding dominant majority and minority.
• 19th to 20th copies – to the 2 accredited major local parties in accordance with
voluntary agreement between them
• 21st to 24th copies – to national broadcast or print media
• 25th to 26th copies – to local broadcast or print media
• 27th to 30th copies – to the major citizens arms enlisted by COMELEC
Article XVII
Casting of Votes
• Section 212 – Election Return (Amended by R.A. 9369) (Number of copies of Election returns
and their Distribution)
– In the election of local officials
• 1st copy shall be delivered to the city or municipal board of canvassers
• 2nd copy to the COMELEC
• 3rd copy the provincial board of canvasser
• 4th copy to a citizen’s arm authorized by the Commission to conduct an unofficial
count
• 5th copy to the dominant majority party as determined by COMELEC, in accordance
with law
• 6th copy to the dominant minority party as determined by the COMELEC, in
accordance with law
• 7th copy to shall be deposited inside the compartment of the ballot box for valid
ballots.
• 8th copy to be posted conspicuously on a wall within the premises of the polling place
or counter center
• 9th to 18th copies – shall be given to 10 accredited major national parties
• 21st to 25th copies shall be given to the accredited major local parties
• 26th to 27th copies – to local broadcast or print media entities
• 28th to 30th copies – to major citizens’ arm enlisted by COMELEC
Article XVII
Casting of Votes
• Section 212 – Election Return (Amended by R.A. 9369) (Number of copies of
Election returns and their Distribution)
– The board of election inspectors shall prepare the election returns
simultaneously with the counting of votes in the polling places
– The entry of votes in words and figures for ach candidate shall be closed with
the signature and the clear imprint of the thumbmark of the right hand of all
members
– The return shall also show the date of election, the polling place, the barangay
and the city or municipality in which it was held, the total number of ballots
found in the compartment for valid ballots, the total number of valid ballots
withdrawn from the compartment for spoiled ballots, the total number of
excess ballots, total number of marked or void ballots, total number of votes
obtained by each candidate
– The election return shall be certified by the board of inspectors that the content
are correct.
Article XVII
Casting of Votes
• Section 212 – Election Return (Amended by R.A. 9369) (Number of copies of Election returns
and their Distribution) (ELECTION RETURNS)
– In the election of President, Vice-President, Senator and Member of HRs (including party-
list)
• 1st copy shall be delivered to the city or municipal board of canvassers
• 2nd copy to be posted on a wall within the premises of the polling place
• 3rd copy the Congress directed to the President of the Senate
• 4th copy to the COMELEC
• 5th copy to the dominant majority party as determined by COMELEC, in accordance
with law
• 6th copy to the dominant minority party as determined by the COMELEC, in
accordance with law
• 7th copy to citizen’s arm authorized by the Commission to conduct an unofficial count
• 8th copy to be deposited inside the compartment of the ballot box for valid ballot
Article XVII
Casting of Votes
• Section 212 – Election Return (Amended by R.A. 9369) (Number of copies of Election returns
and their Distribution) (ELECTION RETURNS)
– In the election of local officials
• 1st copy shall be delivered to the city or municipal board of canvassers
• 2nd copy to be posted on a wall within the premises of the polling place
• 3rd copy the COMELEC
• 4th copy to the provincial board of canvasser
• 5th copy to the dominant majority party as determined by COMELEC, in accordance
with law
• 6th copy to the dominant minority party as determined by the COMELEC, in
accordance with law
• 7th copy to citizen’s arm authorized by the Commission to conduct an unofficial count
• 8th copy to be deposited inside the compartment of the ballot box for valid ballot
Article XIX
Canvass and Proclamation
• Section 221 – Board of Canvasser
– There shall be a board of canvassers for each province, city and municipality

• Section 222 - Relationship with candidates and other members


– Chairman and members of the boar shall not be related within the 4th civil degree of
consanguinity or affinity to ay of the candidates whose votes will be canvassed or to
any members of the same board.

• Section 223 - Prohibition against leaving official station


– During the period beginning election day until the proclamation of the winning
candidate, no member shall be transferred, assigned o detailed outside of his official
station now shall leave station without prior authority from COMELEC.

• Section 224 - Feigned illness


– Any member of the board feigning illness in order to be substituted on election day
until proclamation shall be guilty of an election offense

• Section 225 - Vote required


– A majority vote of all members of the board shall be necessary to render a decision.
Article XIX
Canvass and Proclamation
• Section 226 - Substitution of Chairman and members of the board of canvassers
– In case of non-availability, absence, disqualification due to relationship or
incapacity for any cause of the chairman, COMELEC shall appoint substitute, a
ranking lawyer of the COMELEC

• Section 227 – Supervision and control over board of canvassers


– The Commission shall have direct control and supervision over the board

• Section 232 – Person not allowed inside the canvassing room


– Any officer or member of the AFP, including Philippine Constabulary, integrated
National Police or any peace officer or any armed or unarmed persons
belonging to an extra legal police agency, special forces, reaction forces, strike
forces, home defense forces, barangay self defense unit, barangay tanod or
member f the security or police organizations of government etc even privately
owned or operated.

• Section 234 – Material defects in the election returns


– If it should clearly appear that some requisites in form or data had been omitted
in the election returns, the board shall call for all the members of the board of
election inspectors concerned to effect correction.
Article XIX
Canvass and Proclamation
• Canvass ( Section 20 of R.A9369)
– The city or municipal board of canvassers shall canvass the votes for the
President, Vice President, senators and parties, organization or coalition
participating under party list system.
– They shall consolidate the electronically transmitted results contained in the
data storage devices used in the printing of the election returns
– Upon completion of the canvass, it shall print the certificate of canvass and
thereafter PROCLAIM the elected city or municipal officials
– Section 27 – The chairman and members of the COMELEC sitting en banc shall
compose the NATIONAL BOARD OF CANVASSERS for senators and party-list
representatives
• It shall canvass the results by consolidating the certificates of canvass
electronically transmitted, thereafter, the national board shall PROCLAIM
the winning candidate for senators and party-list representatives.
Article XIX
Canvass and Proclamation
• Canvass ( Section 20 of R.A9369)
– Section 23 – the senate and the house of representatives in joint session shall
compose the national board of canvass for president and vice president.
• The certificate of canvass for president and vice-president duly certified by
the board of each province or city shall be electronically transmitted to the
congress directed to the senate president.
• Upon receipt of certificates of canvass, the president of the senate shall not
later than 30 days after the day of election open all certificates in the
presence of the senate and house of representatives in joint public session
and the congress upon determination of the authenticity of the due
execution, canvass all the results for president and vice president and
thereafter PROCLAIM the winning candidate.
Article XIX
Pre- Proclamation Controversies
• Section 241 – Definition
– A pre-proclamation controversy refers to any question pertaining to or affecting
the proceedings of the board of canvassers which may be raised by any
candidate or any registered political party or coalition of political parties before
the board or directly with the COMELEC.

• Section 242 - COMELEC exclusive jurisdiction of all pre-proclamation controversies


– The COMELEC shall have exclusive jurisdiction of all pre-proclamation
controversies.
– It may motu-proprio or upon written petition and after due notice and hearing,
order the partial or total suspension of the proclamation of any candidate elect.
– For President, Vice President, Senator and HR – No pre-proclamation cases shall
be allowed on matters relating to preparation, transmission receipt, custody
and appreciation of the election returns of the certificates of canvass.
– However this does not preclude the authority of the appropriate canvassing
body to correct manifest errors in the certificate of canvass or election returns
before it.
Article XIX
Pre- Proclamation Controversies
• Section 243 – Issues that may be raised in pre-proclamation controversy
– All pre-proclamation cases pending before COMELEC shall be deemed
terminated at the beginning of the term of the office involved without prejudice
to the filing of a regular election protest by the aggrieved party.
– Section 17, 18, 19, 20, 21 and 22 of R.A. 7166
– Section 17. Pre-proclamation Controversies: How Commenced. - Questions
affecting the composition or proceedings of the board of canvassers may be
initiated in the board or directly with the Commission. However, matters raised
under Sections 233, 234, 235 and 236 of the Omnibus Election Code in relation
to the preparation, transmission, receipt, custody and appreciation of the
election returns, and the certificates of canvass shall be brought in the first
instance before the board of canvassers only
– Section 18. Summary Disposition of Pre-proclamation Controversies. - All pre-
proclamation controversies on election returns or certificates of canvass shall,
on the basis of the records and evidence elevated to it by the board of
canvassers, be disposed of summarily by the Commission within seven (7) days
from receipt thereof. Its decisions shall be executory after the lapse of seven (7)
days for receipts by the losing party of the decision of the Commission.
Article XIX
Pre- Proclamation Controversies
• Section 243 – Issues that may be raised in pre-proclamation controversy (Section
17, 18, 19, 20, 21 and 22 of R.A. 7166)
• Section 19. Consented Composition or Proceedings of the Board: Period to
Appeal: Decision by the Commission. - Parties adversely affected by a ruling of
the board of canvassers on questions affecting the composition or proceedings
of the board may appeal the matter to the Commission within three (3) days
from a ruling thereon. The Commission shall summarily decided the case within
five (5) days from the filing thereof.
• Section 21. Partial Proclamation. - Notwithstanding the pendency of any pre-
proclamation controversy, the Commission may summarily order the
proclamation of other winning candidates whose election will not be affected
by the outcome of the controversy.
• Section 22. Election Contests for Municipal Offices. - All election contests
involving municipal offices filed with the Regional Trial Court shall be decided
expeditiously. The decision may be appealed to the Commission within five (5)
days from promulgation or receipt of a copy thereof by the aggrieved party. The
Commission shall decide the appeal within sixty (60) days after it is submitted
for decision, but not later than six (6) months after the filing of the appeal,
which decision shall be final, unappealable and executory
Article XIX
Pre- Proclamation Controversies
• Section 244 – Contested composition of the board: period to appeal; decision by
Commission
– Parties adversely affected by the ruling of the board of canvassers on questions
affecting the composition or proceeding of the board may appeal the matter to
the COMELEC within 3 days from ruling thereof.
Article XXI
Election Contests
• Section 249 – Jurisdiction of the Commission
– COMELEC shall exercise exclusive original jurisdiction over all contest relating to
the elections, returns and qualifications of al elective regional, provincial and
city officials.
– Appellate jurisdiction over all contests involving elective municipal officials
decided by trial courts of general jurisdiction or involving elective barangay
officials decided by the trial courts of limited jurisdiction

• Section 250 – Election Contest or Members of Congress


– The Senate and the HR shall each have an Electoral Tribunal which shall be the
sole judge of all contests relating to election, returns and qualifications of their
respective members
– Each electoral Tribunal shall be composed of 9 members (3 of whom shall be
justices of the supreme court to be designated by the chief justice and the
remaining 6 shall be members of the senate or the house of representative .

• Section 251 – Election contest of municipal offices


– All election contest involving municipal offices filed with RTC shall be decided
expeditiously. Decision of RTC maybe appealed with the COMELEC within 5
days
Article XXI
Election Contests
• Section 249 – Jurisdiction of the Commission
– COMELEC shall exercise exclusive original jurisdiction over all contest relating to
the elections, returns and qualifications of al elective regional, provincial and
city officials.
– Appellate jurisdiction over all contests involving elective municipal officials
decided by trial courts of general jurisdiction or involving elective barangay
officials decided by the trial courts of limited jurisdiction

• Section 250 – Election Contest or Members of Congress


– The Senate and the HR shall each have an Electoral Tribunal which shall be the
sole judge of all contests relating to election, returns and qualifications of their
respective members
– Each electoral Tribunal shall be composed of 9 members (3 of whom shall be
justices of the supreme court to be designated by the chief justice and the
remaining 6 shall be members of the senate or the house of representative .
• Section 251 – Election Contests for Municipal Offices
– All election contests involving municipal offices filed with the RTC shall be
decided expeditiously and which maybe appealed to the COMELEC within 5
days
Article XXI
Election Contests
• Section 252 – Election contest for barangay offices
– A sworn petition contesting the election of a barangay officer shall be filed with
municipal or metropolitan trial court by any candidate who has duly filed a
certificate of candidacy and has been voted for the same office within 10 days
after the proclamation of the results of the election.
– The trial court shall decide the election protest within 15 days after the filing
thereof.
– Decision of the MTC may be appealed to the RTC whose decision shall be final.

• Section 253 – Petition for Quo Warranto


– A voter contesting the election of any member of Congress, regional, provincial
or city officer on the ground of ineligibility or disloyalty to the Republic of the
Philippines shall be filed with the COMELEC within 10 days after the
proclamation of the results of the election.
– Any voters contesting of any municipal officer shall file a sworn petition with the
RTC within 10 days after proclamation of results of election
– Any voters contesting of any barangay officer shall file a sworn petition with the
municipal or metropolitan trial court within 10 days after proclamation of
results of election
Article XXI
Election Contests
• Section 254 – Procedure in election contests (Superseded by the New Election Rules
of Procedure) ELECTION PROTEST
– For Senators – Senate Electoral Tribunal
– Congressman – House of Representative Electoral Tribunal
– Regional, Provincial & City Officials COMELEC

• Section 255 – Judicial counting of votes in election contest


– Where allegations in a protest so warranted or whenever in the opinion of the
court the interest of justice so require, it shall immediately order the book of
voters, ballot boxes and their keys, ballot and other documents used in the
election be brought before it and that the ballots be examined and the votes
recounted.

• Section 256- Appeal


– Appeals from any decision by the RTC with respect to quo warranto filed in
election contests affecting municipal officers, the aggrieved party may appeal to
the COMELEC within 5 days after the promulgation of the decision
– No motion for reconsideration shall be entertained.
Article XXI
Election Contests
• Section 258 – Preferential disposition of contest in courts
– The RTC shall give preference to election contest over all other cases except
those of habeas corpus and shall without delay hear and within thirty 30 days
from the date of their submission for decision.

• Section 259 – Actual or compensatory damages


– Actual or compensatory damages may be granted in all election contest or in
quo warranto proceedings in accordance with law.

• Section 260 – Notice of decision


– The clerk of court and the corresponding official in the Commission whom an
election contest or quo warranto proceedings has been instituted or where the
appeal of said case have been taken shall notify immediately the President of
the Philippines of the final disposition.
Article XXII
ELECTION OFFENSES
• Section 261 –. Prohibited Acts
– Vote-buying and vote selling – Any person who gives. Offers or promises money
or anything of value, gives or promises any office or employment, franchise or
grant, to make an expenditure to be made to any person in order to induce
anyone or public in general to vote for or against any candidate or withhold his
vote in the election. Or persons who solicits or receive directly or indirectly any
expenditures or promise any person by:
– Conspiracy to bribe voters
– Wagering upon the results of election
– Coercion of subordinates
– Threat, intimidation, terrorism, use of fraudulent devise or other forms of
coercion
– Coercion of election officials and employees
– Appointment of new employees, creation of new position, promotion, or giving
salary increases.
– Transfer of officers and employees in the civil service
– Intervention of public officers and employees
– Undue influence
Article XXII
ELECTION OFFENSES
• Section 261 – Prohibited Acts

– Unlawful electioneering
– Appointment or use of special policemen, special agents, confidential agents or
the like.
– Illegal release of prisoners before and after election
– Use of public funds, money deposited in trust equipment, facilities or controlled
by the government for an election campaign
– Deadly weapon - any person who carries any deadly weapon in the polling
place and within a radius of 100 meters during the days and hour fixed by law
for the registration of votes in the polling place, voting, counting of votes or
preparation of the election returns.
– Use of armored land, water aircraft.
– Wearing of uniforms and bearing of arms
– Policemen, and provincial guards acting as bodyguards or security guards
– Organization or maintenance of reaction forces
– Prohibited against release, disbursement or expenditures of public funds.
Article XXII
ELECTION OFFENSES
• Section 261 – Prohibited Acts
– Prohibition against construction of public works, delivery of materials for public
works and issuance of treasury warrants and similar devices.
– Suspension of elective provincial, city, municipal or barangay officer

• Section 262 – Other Election Offenses

• Section 263 – Persons criminally liable


– The principal, accomplices and accessories as defined in the Revised Penal Code
shall be criminally liable for election offenses.

• Section 264 – Penalties

• Section 265 – Prosecution

• Section 266 – Arrest in connection with the election campaign


Article XXII
ELECTION OFFENSES
• Section 267 – Prescription
– Election offenses shall prescribe after 5 years form the date of their
commission.
– If discovery of the offense be made in an election contest proceedings, the
period of prescription shall commence on the date on which judgment in such
proceedings becomes final and executoruy

• Section 268 – Jurisdiction of courts


– The regional Trial Court shall have the exclusive original jurisdiction to try and
decided any criminal action or proceedings for violation of the Omnibus Election
Code.
– Except those relating to the offenses of failure to register or failure to vote
which shall be under the jurisdiction of the metropolitan or municipal trial
courts.
• Section 269 – Preferential disposition of election offenses
– Courts shall give preference to election offenses over all other cases except
petition for writ of habeas corpus.