A
collection of Philippine laws, statutes and codes
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Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 1296
PRESIDENTIAL DECREE NO. 1296
- ENACTING "THE 1978 ELECTION CODE"
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chanroblesvirtualawlibrary
WHEREAS,
the 1976 Amendments to the Constitution abolished the interim National
Assembly and in lieu thereof created the interim Batasang Pambansa, the
members of which "include the incumbent President of the Philippines,
representatives elected from the different regions of the nation, those
who shall not be less than eighteen years of age elected by their
respective sectors, and those chosen by the incumbent President from
the members of the Cabinet"; chanroblesvirtualawlibrary
WHEREAS, the elective local officials whose terms of office expired on
December 31, 1975 were allowed to continue in office, subject to the
pleasure of the President;chanroblesvirtualawlibrary
WHEREAS, elections to enable the people to choose the officials who
shall manage the affairs of government in the national and local levels
may now be held;chanroblesvirtualawlibrary
WHEREAS, there is a need to promulgate a new election code to govern
the conduct of elections under the 1973 Constitution and its
amendments, codify the laws on the matter, repeal obsolete ones and
ensure the holding of free, orderly and honest elections, in consonance
with the theory and practice of the New Society;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
promulgate the following Decree as part of the law of the land:cralaw:red
ARTICLE I
GENERAL PROVISIONS
Section 1. Title. — This Decree shall be known and
cited as "The 1978 Election Code."
Section 2. Applicability. — This Code shall govern
the election of the members of the interim Batasang Pambansa and, to
the extent appropriate, elections for local officials, referenda and
plebiscites.
Section 3. Date of election. — The election for
regional representatives in the interim Batasang Pambansa shall be held
on April 7, 1978.
Section 4. Election and campaign periods. — The
election period shall be fixed by the Commission on Elections in
accordance with Section 6, Article XII (C) of the Constitution. The
period of campaign shall not be more than forty-five days immediately
preceding the election, excluding the day before and the day of the
election: Provided, That for the election of representatives to the
interim Batasang Pambansa, the period of campaign shall commence on
February 17, 1978 except that no election campaign or partisan
political activity may be conducted on March 23 and 24, 1978.
Section 5. Obligation to register and vote. — It
shall be the obligation of every citizen qualified to vote, to register
and cast his vote. Only voters duly registered as such shall be
entitled to vote.
Section 6. Postponement of election. — When for any
serious cause such as violence, terrorism, loss or destruction of
election paraphernalia or records, force majeure, and other analogous
cause of such a nature that the holding of a free, orderly and honest
election should become impossible in any voting center or political
subdivision, the Commission on Elections, which hereinafter shall be
referred to as the Commission, upon a verified petition and after due
notice and hearing, shall postpone the election therein for such time
as it may deem necessary.
Section 7. Failure of election. — If, on account of
force majeure, violence, terrorism, or fraud the election in any voting
center has not been held on the date fixed or has been suspended before
the hour fixed by law for the closing of the voting and such failure or
suspension of election in any voting center would affect the result of
the election, the Commission may, on the basis of a verified petition
and after due notice and hearing, call for the holding or continuation
of the election on a date reasonably close to the date of the election
not held or suspended.
Section 8. Call of special election. — Special
election shall be called by the Commission by proclamation on a date to
be fixed by it, which shall specify the offices to be voted for, that
it is for the purpose of filing a vacancy or a newly created elective
position, as the case may be. The Commission shall send copies of the
proclamation, in numbers sufficient for due distribution and
publication, to the provincial election supervisor or city election
registrar concerned, who in turn shall publish it in their respective
localities, by posting copies thereof in at least three conspicuous
places in the city or in each municipality in the building, the public
market, and his office, and one copy each in every voting center in the
city or province.
Pending an election to fill a vacancy arising from any cause in the
interim Batasang Pambansa, the vacancy shall be filled by majority vote
of the Members of the interim Batasang Pambansa on nomination of the
President.
Section 9. Election Code to be available in voting
centers. — A printed copy of this Code in English or in the national
language shall, whenever possible, be made available in every voting
center on voting day, in order that it may be readily consulted by any
person in need thereof.
Section 10. Official mail and telegrams regarding
elections. — Papers connected with the election required by this Code
to be sent by public officers in the performance of their duties shall
be free of postage and sent as registered special delivery mail.
Telegrams of the same nature shall also be sent free of charge.
It shall be the duty of the Postmaster General and the Director of the
Bureau of Telecommunications to transmit immediately and in preference
to all other communications or telegrams message reporting election
results and such other messages or communications which the Commission
may require or may be necessary to ensure free, honest and orderly
elections.
ARTICLE II
COMPOSITION AND APPORTIONMENT OF THE MEMBERS OF THE INTERIM BATASANG
PAMBANSA
Section 11. Composition. — The interim Batasang
Pambansa shall be composed of the incumbent President of the
Philippines, representatives elected from the different regions of the
nation, those who shall not be less than eighteen years of age elected
by their respective sectors, and those chosen by the incumbent
President from the members of the Cabinet.
Section 12. Apportionment of regional
representatives. — There shall be 160 regional representatives to the
interim Batasang Pambansa apportioned among the thirteen regions of the
nation in accordance with the number of their respective inhabitants
and on the basis of a uniform and progressive ratio as follows:cralaw:red
Region I, 12 representatives, consisting of the following provinces:
Abra; Benguet, including the City of Baguio; Ilocos Norte, including
Laoag City; Ilocos Sur; La Union; Mt. Province; and Pangasinan,
including the Cities of Dagupan and San Carlos;chanroblesvirtualawlibrary
Region II, 7 representatives, consisting of the following provinces:
Batanes; Cagayan; Ifugao; Isabela; Kalinga-Apayao; Nueva Vizcaya; and
Quirino;chanroblesvirtualawlibrary
Region III, 16 representatives, consisting of the following provinces:
Bataan; Bulacan; Nueva Ecija, including the Cities of Cabanatuan,
Palayan and San Jose; Pampanga, including Angeles City; Tarlac; and
Zambales, including Olongapo City;chanroblesvirtualawlibrary
Region IV, 19 representatives, which comprises Metro Manila as follows:
Cities of Manila; Quezon; Caloocan; and Pasay; and the municipalities
of Valenzuela, Malabon, Navotas, Makati, Parañaque, Las
Piñas, Mandaluyong, San Juan, Pasig, Muntinglupa, Marikina,
Pateros and Taguig;chanroblesvirtualawlibrary
Region IV-A, 20 representatives, consisting of the following provinces:
Batangas, including the Cities of Batangas and Lipa; Cavite, including
the Cities of Cavite, Tagaytay and Trece Martires; Laguna, including
San Pablo City; Marinduque; Occidental Mindoro; Oriental Mindoro;
Palawan, including Puerto Princesa City; Quezon, including Lucena City;
Rizal; and Romblon;chanroblesvirtualawlibrary
Region V, 12 representatives, consisting of the following provinces:
Albay, including Legaspi City; Camarines Norte, Camarines Sur,
including the Cities of Iriga and Naga; Catanduanes, Masbate; and
Sorsogon;chanroblesvirtualawlibrary
Region VI, 16 representatives, consisting of the following provinces:
Aklan, Antique, Capiz, including Roxas City, Iloilo, including Iloilo
City; and Negros Occidental, including the Cities of Bacolod, Bago,
Cadiz, La Carlota, San Carlos and Silay;chanroblesvirtualawlibrary
Region VII, 13 representatives, consisting of the following provinces:
Bohol, including Tagbilaran City; Cebu, including the Cities of Cebu,
Lapu-Lapu, Mandaue, Toledo and Danao; Negros Oriental, including the
Cities of Bais, Canlaon and Dumaguete; and Siquijor;chanroblesvirtualawlibrary
Region VIII, 10 representatives, consisting of the following provinces:
Leyte, including the City of Ormoc and Tacloban; Southern Leyte;
Eastern Samar, Northern Samar; and Samar, including Calbayog
City; chanroblesvirtualawlibrary
Region IX, 8 representatives, consisting of the following provinces:
Basilan; Sulu; Tawi-Tawi; Zamboanga del Norte, including the Cities of
Dapitan and Dipolog; and Zamboanga del Sur, including the Cities of
Pagadian and Zamboanga;chanroblesvirtualawlibrary
Region X, 9 representatives, consisting of the following provinces:
Agusan del Norte, including Butuan City; Agusan del Sur; Bukidnon;
Camiguin; Misamis Occidental, including the Cities of Oroquieta, Ozamis
and Tangub; Misamis Oriental, including the Cities of Cagayan de Oro
and Gingoog; and Surigao del Norte, including Surigao City;chanroblesvirtualawlibrary
Region XI, 10 representatives, consisting of the following provinces:
Surigao del Sur; Davao del Norte; Davao Oriental; Davao del Sur,
including Davao City; and South Cotabato, including General Santos
City;chanroblesvirtualawlibrary
Region XII, 8 representatives, consisting of the following provinces:
Lanao del Norte, including Iligan City; Lanao del Sur, including Marawi
City; Maguindanao, including Cotabato City; North Cotabato; and Sultan
Kudarat.
The foregoing apportionment shall not be considered a precedent in
connection with the reapportionment of representative districts for the
regular National Assembly under Section 2, Article VIII and Section 6,
Article XVII of the Constitution.
Notwithstanding the foregoing provisions, the number of regional
representatives for any region shall not be less than the number of
representative districts therein existing at the time of the
ratification of the Constitution. There are also allotted two
additional seats for regional representatives to Region IV in view of
inhabitants, such as students, in the region not taken into account in
the 1975 census.
Section 13. Sectoral representatives. — There shall
be three sectors to be represented in the interim Batasang Pambansa,
namely: (1) youth; (2) agricultural labor; and (3) industrial labor to
be elected in the manner herein provided. Each sector shall be entitled
to four sectoral representatives, two of whom shall come from Luzon,
one from Visayas, and one from Mindanao: Provided, That the youth
sector shall be entitled to two additional sectoral representatives who
shall be elected from any region.
ARTICLE III
ELECTION OF REGIONAL REPRESENTATIVES
Section 14. Voting by region. — Each region shall be
entitled to such number of regional representatives as are allotted to
it in Section 12 of Article II hereof. All candidates for regional
representatives shall be voted upon at large by the registered voters
of their respective regions. The candidates receiving the highest
number of votes from the entire region shall be declared elected.
ARTICLE IV
ELECTION OF SECTORAL REPRESENTATIVES
Section 15. Sectors are national aggrupations. — The
sectors named in Section 13 of Article II hereof shall be considered as
national aggrupations and as such shall elect their respective national
representatives to the interim Batasang Pambansa through their own
Electoral Councils which shall be constituted in the manner hereinafter
provided.
Section 16. Delegates from provinces to the electoral
councils. — At any time after the date of the election fixed herein,
but not later than twenty days, the Kagawads representing agricultural
labor, industrial labor and youth in the Sangguniang Bayan or
Panlungsod of the municipalities and cities in every province shall
meet at the provincial capital and, subject to the supervision of the
Commission or its authorized representatives, shall choose from among
themselves one delegate of their sector to their respective Electoral
Councils.
The meetings of the sectoral Kagawads shall be held separately at a
time and place to be designated by the Commission or its authorized
representatives. A majority of all the Kagawads of each sector shall
constitute a quorum. The Kagawads obtaining the highest number of votes
shall be the provincial delegate of the sector to the corresponding
Electoral Council.
In the case of Metro Manila (Region IV), the members of the
agricultural and industrial labor sectors in every barangay, if any,
upon call of the barangay captain and under the supervision of the
Commission, shall choose one Kagawad each for their respective sectors.
The sectoral Kagawads elected shall meet on a date and at a place
designated by the Commission to choose from among themselves ten
delegates each to their respective Electoral Councils.
In the case of the youth sector in Metro Manila, the President of the
Kabataang Barangay in the four cities and thirteen municipalities shall
likewise elect from among themselves ten delegates or the youth sector
to their Electoral Council.
Upon call of the Commission which shall be made not later than twenty
days after the date of the election fixed herein and at such time as it
may determine, existing national aggrupations of industrial labor and
agricultural labors as accredited by the Department of Labor, and the
Department of Agriculture and Department of Agrarian Reform,
respectively, shall elect to their Electoral Councils ten delegates for
their respective sectors. The election shall be under the supervision
of the Commission.
Section 17. Election and proclamation of sectoral
members. — The delegates of each sector shall, upon call of the
Commission, convene in Manila to elect from among those sectoral
members who have filed their certificates of candidacy two
representatives from each sector from Luzon, one from Visayas, and one
from Mindanao. The delegates of the youth sector shall also elect the
two additional representatives of their sector provided in Section 13,
Article II of this Code. The Commission shall supervise the conduct of
the election and proclaim the results thereof.
ARTICLE V
ELIGIBILITY AND CERTIFICATE OF CANDIDACY
Section 18. Qualifications for members of the interim
Batasang Pambansa. — No person shall be a member of the interim
Batasang Pambansa unless he is a natural-born citizen of the
Philippines, a registered voter, able to read and write and, on the day
of the election, is at least twenty-five years of age in the case of a
regional representative, and eighteen years of age in the case of a
sectoral representative. In the case of the youth sectoral
representative, he shall not be more than twenty-five years of age.
Section 19. Certificate of candidacy. — No person
shall be elected regional or sectoral representative in the interim
Batasang Pambansa unless he files a sworn certificate of candidacy
within the period fixed herein.
No person shall be eligible for more than one office to be filed in the
same election, and if he filed his certificate of candidacy for more
than one office, he shall not be eligible for any of them. However,
before the expiration of the period for filing certificates of
candidacy, the candidate who has filed several certificates of
candidacy may declare under oath the office for which he desires to be
eligible and cancel certificate or certificates of candidacy for the
other office or offices.
The filing of a certificate of candidacy shall not affect whatever
civil, criminal or administrative liabilities which a candidate may
have incurred.
Section 20. Contents of certificate of candidacy. —
The certificate of candidacy shall state that the person filing it is
announcing his candidacy for the office stated therein and that he is
eligible for said office; if for representative in the interim Batasang
Pambansa, the region or sector which he seeks to represent; whatever he
is filing it as a nominee of a political party, group or aggrupation;
the political party, group or aggrupation to which he belongs, if any;
civil status, and if married, the full name of his or her spouse; his
date of birth; residence; his post office address for all election
purposes; his profession or occupation; that he will support and defend
the Constitution of the Philippines and will maintain true faith and
allegiance thereto; that he will obey the laws, legal orders, and
decrees promulgated by the duly constituted authorities; that the
obligation imposed by his oath is assumed voluntarily, without mental
reservation or purpose of evasion; and that the facts stated in the
certificate of candidacy are true to the best of his knowledge:
Provided, That a candidate may use his certificate of candidacy the
name by which of has been baptized, or the name registered in the
office of the local civil registrar, or any other name allowed under
the provisions of existing law. He may also include one nickname or
stage name by which he is generally or popularly known in the locality.
A certificate of candidacy not in accordance with this provision shall
not be accepted.
Section 21. Other requirements. — The person filing a
certificate of candidacy shall also submit two copies of his latest
photograph, passport size; a statement in duplicate containing his
bio-data and program of government not exceeding one hundred words, for
inclusion in the "COMELEC Bulletin".
Section 22. Ineligibility of person found disloyal to
the Government. — Any person found guilty in a final judgment or order
of a competent court or tribunal of any crime involving disloyalty to
the duly constituted Government such as rebellion, sedition, violations
of the anti-subversion and firearms laws, and crimes against the
national security shall not, unless restored to his full civil and
political rights in accordance, with law, be eligible and the
certificate of candidacy shall not be given due course nor shall the
votes cast in his favor be counted. In the event his final conviction
comes after his election, he shall automatically cease in
office. chanroblesvirtualawlibrary
Section 23. Candidates for the same office bearing
the same name and surname. — When there are two or more candidates for
an office with the same name and surname, each candidate, upon being
made aware of such fact, shall state his paternal and maternal surname,
except the incumbent who may continue to use the name and the surname
stated in his certificate of candidacy when he was elected.
Section 24. Filing and distribution of certificates
of candidacy. — The certificates of candidacy shall be filed not later
than the day before the beginning of the campaign period fixed by the
Commission: Provided, That certificates of candidacy for
representatives to the interim Batasang Pambansa shall be filed not
later than February 17, 1978.
The certificate of candidacy for sectoral representatives shall be
filed with the Commission. The certificate of candidacy for regional
representatives shall be filed with the Regional Election Director
having jurisdiction over the region.
The Regional Election Director shall immediately send the original of
all certificates of candidacy received by him to the Commission. The
Commission shall send copies thereof or a certified list of candidates
to the provincial election supervisors for distribution to the city and
municipal election registrars of the province who shall in turn
immediately forward copies thereof to the voting centers.
Section 25. Ministerial duty of receiving and
acknowledging receipt. — The Regional Election Director shall have the
ministerial duty to receive the certificate of candidacy herein
referred to and to immediately acknowledge receipt thereof.
Section 26. Nuisance candidates. — The Commission
may, motu propio or upon verified petition of an interested party,
refuse to give due course to a certificate of candidacy if it is shown
that said certificate has been filed to cause confusion among the
voters by the similarity of the names of the registered candidates or
by other circumstances which demonstrate that the candidate has no bona
fide intention to run for the office for which the certificate of
candidacy has been filed and thus prevent a faithful determination of
the true will of the electorate.
Section 27. Withdrawal or cancellation of
certificates of candidacy. — No certificate of candidacy duly filed
shall be considered withdrawn or cancelled unless the candidate files
with the office which received the certificate of candidacy or with the
Commission, a sworn statement of withdrawal or cancellation at any time
before the day of election.
Section 28. Candidates in case of death, withdrawal
or disqualification of another. — If, after the last day of filing
certificates of candidacy, a candidates with a certificate of candidacy
duly filed should die, withdraw or be disqualified for any cause, any
voter qualified for the office may file his certificate of candidacy
for the office for which the deceased, the candidate who has withdrawn,
or disqualified person was a candidate in accordance with the preceding
sections on or before mid-day of the day of the election, and if the
death, withdrawal or disqualification should occur between the day
before the election and with any election committee in the political
subdivision where he is a candidate: Provided, however, That if the
candidate who died, withdrew or was disqualified is the official
candidate of a political party, group or aggrupation, only a person
belonging to, and certified by, the same political party, group or
aggrupation may file a certificate of candidacy for the same office.
Section 29. Candidates holding appointive office or
position. — Every person holding a public appointive office or
position, including active members of the Armed Forces of the
Philippines, and officers and employees in government-owned or
controlled corporations, shall ipso facto cease in his office or
position on the date he files his certificate of candidacy. Members of
the Cabinet shall continue in the offices they presently hold
notwithstanding the filing of certificate of candidacy, subject to the
pleasure of the President of the Philippines.
Section 30. Candidates holding political office. —
Governors, mayors, members of the various sanggunians, or barangay
officials, shall, upon filing of a certificate of candidacy, be
considered on forced leave of absence from office.
ARTICLE VI
WATCHERS
Section 31. Official watchers of candidates. — Each
registered political party, group or aggrupation shall be entitled to
not more than three watchers in every voting center and independent
candidates to one watcher each.
No person shall be appointed watcher unless he is a qualified voter of
the city or municipality, of good reputation, shall not have been
convicted of any election offense or of any other crime, and must know
how to read and write Filipino, English or the local dialect, and not
related within the fourth civil degree of affinity or consanguinity to
the chairman or any member of the citizens election committee of the
voting center where he is a watcher.
Each candidate shall designate in every province, city, municipality or
municipal district his representative authorized to appoint watchers,
furnishing the Regional Election Director a copy of the list of such
persons for the entire region.
Section 32. Commission may authorize other watcher. —
Civil, religious, business, youth and other similar organizations, upon
previous authorization by the Commission, shall be entitled
collectively to appoint one watcher in every voting center with the
same powers as herein provided.
Section 33. Duties and prerogatives of watchers. —
Upon entering the voting center, the watcher shall present and deliver
to the chairman of the citizens election committee his appointment and
forthwith his name shall be recorded in the minutes. The appointment of
the watcher shall bear the personal signature or the facsimile
signature of the registered candidate who appointed him. The watchers
shall have the right to stay in the space reserved for them inside the
voting center. They shall have the right to witness and inform
themselves of the proceedings of the citizens election committee, to
take notes of what they may see or hear, to file a protest against any
irregularity which they believe may have been committed by the
committee, to obtain from the committee a certificate as to the filing
of such protest or of the resolution thereon, and to read the ballots
after they have been read by the chairman as well as the election
returns after they have been completed and signed by the members of the
committee without touching them, but they shall not speak to any member
of the committee.
ARTICLE VII
CAMPAIGN AND ELECTION PROPAGANDA
Section 34. Definitions. — As used in this Code:cralaw:red
(a) The term "candidate" refers to any person
aspiring for or seeking an elective public office, regardless of
whether or not said person had already filed his certificate of
candidacy or had been nominated by any political party, group or
aggrupation;chanroblesvirtualawlibrary
(b) The term "election campaign" or "partisan
political activity" refers to an act designed to have a candidate
elected or not to promote the candidacy of a person or persons to a
public office which shall include:cralaw:red
(1) Forming organizations, associations, clubs,
committees or other groups of persons for the purpose of soliciting
votes and/or undertaking any campaign or propaganda for or against a
candidate;chanroblesvirtualawlibrary
(2) Holding political caucuses, conferences,
meetings, rallies, parades, or other similar, assemblies, for the
purpose of nominating candidates, soliciting votes and/or undertaking
any campaign or propaganda for or against a candidate;chanroblesvirtualawlibrary
(3) Making speeches, announcements or commentaries,
or holding interviews for a against the election of any candidate for
public office;chanroblesvirtualawlibrary
(4) Printing, importing, publishing or distributing
campaign literature or materials;chanroblesvirtualawlibrary
(5) Directly or indirectly soliciting votes, pledges
or support for or against a candidate;chanroblesvirtualawlibrary
(6) Giving, soliciting, or receiving contributions
for election campaign purposes, either directly or indirectly:
Provided, That simple expressions of opinions and thoughts concerning
the election shall not be considered as part of an election campaign:
Provided, further, That nothing herein stated shall be understood to
prevent any person, which shall be understood to include officers and
employees of government-owned or controlled corporations, from
expressing his views on current political problems or issues, or from
mentioning the names of the candidates for public office whom he
supports.
Section 35. Election campaign or partisan political
activity outside campaign period. — It shall be unlawful for any
person, whether or not a voter or candidate, or for any party, group,
aggrupation or association of persons, to engage in an election
campaign or partisan political activity except during the campaign
period or, in special cases, during the period fixed by the Commission:
Provided, however, That political parties, groups or aggrupations shall
be allowed to hold political conventions, primaries or meetings to
nominate their official candidates within a reasonable period fixed by
the Commission before the start of the campaign period.
Section 36. Intervention of foreigners. — It shall be
unlawful for any foreigner, whether juridical or natural person, tod
any candidate or political party, group or aggrupation directly or
indirectly, or take part in or influence in any manner any election, or
to contribute or make any expenditure in connection with any election
campaign or partisan political activity.
Section 37. Lawful election propaganda. — Lawful
election propaganda shall include:cralaw:red
(a) Pamphlets, leaflets, cards, decals, stickers or
other written or printed materials of a size not more than eight and
one-half inches in width and fourteen inches in length;chanroblesvirtualawlibrary
(b) Handwritten or printed letters urging voters to
vote for or against any particular candidate;chanroblesvirtualawlibrary
(c) Cloth, paper or cardboard posters, whether framed
or posted, with an area not exceeding two feet by three feet, except
that, at the site of and on the occasion of a public meeting or rally,
or in announcing the holding of said meeting or rally, streamers not
exceeding three feet by eight feet in size, shall be allowed: Provided,
That said streamers may not be displayed except one week before the
date of the meeting or rally and that it shall be removed within
seventy-two hours after said meeting or rally;chanroblesvirtualawlibrary
(d) All other forms of election propaganda not
prohibited by this Code as the Commission may authorize: Provided, That
the Commission's authorization shall be published in two newspapers of
general circulation throughout the nation for at least twice within one
week after the authorization has been granted. chanroblesvirtualawlibrary
Section 38. Requirements for published or printed
election propaganda. — Any newspaper, newsletter, newsweekly, gazette
or magazine advertising, posters, pamphlets circulars, handbills,
bumper stickers, streamers, simple list of candidates or any published
or printed political matter for or against a candidate or group of
candidates to any public office shall bear and be identified by the
words "paid for by" followed by the true and correct name and address
of the payor and by the words "printed by" followed by the true and
correct name and address of the printer.
Section 39. Prohibited forms of election propaganda.
— It shall be unlawful:cralaw:red
(a) To erect, put up, make use of, attach, float or
display any billboard, tinplate-poster, balloons and the like, of
whatever size, shape, form or kind, advertising for or against any
candidate;chanroblesvirtualawlibrary
(b) To purchase, manufacture, request or distribute
electoral propaganda gadgets such as pens, lighters, fans, of whatever
nature, flashlights, athletic goods or materials, wallets, matches,
cigarettes and the like;chanroblesvirtualawlibrary
(c) To show or display publicly any advertisement or
propaganda for or against any candidate by means of cinematography,
audio-visual units or other screen projections except telecasts which
may be allowed as hereinafter provided; and
(d) For any radio broadcasting or television station
to sell or give free of charger time for campaign and other political
purposes except as authorized in this Code under the rules and
regulations promulgated by the Commission pursuant thereto.
Any prohibited election propaganda gadget or advertisement shall be
stopped, confiscated or torn down by the representative of the
Commission upon specific authority of the Commission.
Section 40. Removal, destruction or defacement of
lawful election propaganda prohibited. — It shall be unlawful for any
person during the campaign period to remove, destroy, obliterate, or in
any manner deface or tamper with, or prevent the distribution of lawful
election propaganda as authorized in Section 37 of this Code.
Section 41. Regulation of election propaganda through
mass media. — (a) The Commission shall promulgate rules and regulations
regarding the sale ofr time for political purposes during the campaign
period to insure that time equal as to duration and quality is
available to all candidates for the same office or political parties,
groups or aggrupations at the same rates or given free of charge; that
such rates are reasonable and not higher than those charged other
buyers or users ofr time for non-political purposes; that the
provisions of this Code regarding the limitation of expenditures by
candidates and contributions by private persons and certain classes of
corporations, entities and institutions are effectively enforced; that
said radio broadcasting and television stations shall not be allowed to
schedule any program or permit any sponsor to manifestly favor or
oppose any candidate or political party, group or aggrupation by unduly
or repeatedly referring to or including said candidate and/or political
party, group or aggrupation respecting, however, in all instances the
right of said stations to broadcast accounts of significant or
newsworthy events and views on matters of public interest.
(b) All contracts for advertising in any newspaper,
magazine, periodical or any form of publication promoting or opposing
the candidacy of any person for public office shall, before its
implementation, be registered by said newspaper, magazine, periodical
or publication with the Commission. In every case, it shall be signed
by the candidate concerned or by the duly authorized representative of
the political party, group or aggrupation.
(c) No franchise or permit to operate a radio or
television station shall be granted or issued during the election
period.
In all instances, the Commission shall supervise the use and employment
of press, radio and television facilities so as to give candidates
equal opportunities under equal circumstances to make known their
qualifications and their stand on public issues within the limits set
forth in this Code on election spending.
Section 42. Individual public rally. — Any candidate
must notify the election registrar concerned of any public rally he
intends to organize in the city, municipality or municipal district,
and within two days thereafter, submit to said election registrar a
statement of expenses incurred in connection therewith.
Section 43. Rallies, meetings, house-to-house
campaign, other political activities. — Subject to the provisions of
existing laws, any candidate may hold individually, or jointly with
other aspirants, peaceful rallies, meetings, house-to-house campaign or
other similar political activities during the campaign period.
Section 44. Transportation, food and drinks. — It is
unlawful for any candidate, political party, group or aggrupation,
organization, voter or any other person to give or accept, free of
charge, directly or indirectly, transportation, food, or drinks or
things of value during a public meeting in favor of or against any or
several candidates and during the three hours before and after such
meeting, on the day preceding the election and on the day of the
election; or to give or contribute, directly or indirectly, money or
things of value for such purpose.
Section 45. COMELEC Space. — Whenever practicable,
the Commission shall procure space in newspapers, magazines and
periodicals which shall be known as "COMELEC Space" wherein candidates
can announce or further their candidacy. Said space shall be allocated,
free of charge, equally or impartially by the Commission among all
candidates within the area in which the newspapers, magazines and
periodicals are circulated. To this end, the Commission shall endeavor
to obtain free space from newspapers, magazines and periodicals.
Section 46. COMELEC Time. — The Commission shall
procure radio and television time to be known as "COMELEC Time" which
shall be allocated equally and impartially among candidates within the
area of coverage of said radio and television stations. For this
purpose, the franchises of all radio broadcasting and television
stations are hereby amended so as to require such stations to furnish
the Commission radio or television time, free of charge, during the
period of the campaign, at least once but not oftener than every other
day.
Section 47. COMELEC Information Bulletin. — The
Commission may cause the printing, and supervise the dissemination of
bulletins to be known as "COMELEC Bulletin" which shall be of such size
as to adequately contain the picture, bio-data and program of
government of every candidate. Said bulletins shall be disseminated to
the voters or displayed in such places as to give due prominence
thereto. Any candidate may reprint, at his expense, any "COMELEC
Bulletin" upon prior authority of the Commission: Provided, That said
reprint shall be an exact replica of the original and shall bear the
name of the candidate causing the reprint and the name of the printer.
Section 48. Free public discussions and debates. —
The barangays and sanggunians shall encourage free, full and
constructive discussions and exchange of views on the qualifications,
competence, programs or platforms of the candidates and other similar
issues including the holding of meetings and rallies and, to this end,
may extend, without discrimination, assistance to said candidates
especially in the distribution of propaganda materials and other
similar activities of the campaign.
Any candidate or his supporter who is duly registered voter in the
constituency in which said candidate is seeking election, shall not be
questioned for any speech, remark or statement in any discussion or
debate intended to enlighten the electorate on the qualifications,
competence, programs or platforms or other similar issues of the
candidates or political parties, groups or aggrupations; or for any
view for or against any or all of such issues made in public rallies,
or debates or in other forms of communications, radio or television.
Such remarks, statements or views shall not be admissible as evidence
in any investigation or suit against the person or persons making them,
except in appropriate suits for libel, defamation, slander or for an
offense involving disloyalty to the duly constituted Government.
The printing of pamphlets, posters, handbills and other printed
materials designed to enlighten the electorate on the matter cited in
the preceding paragraphs, and the dissemination or circulation of these
materials shall be allowed and in no way restricted: Provided, however,
That any printed materials shall not be allowed to be disseminated or
circulated if it does not indicate the real name and correct address of
the author thereof as well as the name and address of the printer:
Provided, further, That the Commission shall, upon petition of any
person, and after due notice and hearing, take all necessary measures
to prevent the dissemination or circulation of propaganda materials the
contents of which are clearly irrelevant to the issues mentioned herein
or which are patently libelous against any person or persons or which
tend to undermine the allegiance or obedience of the citizens to duly
constituted authorities. Such lawful propaganda materials shall
likewise be inadmissible as evidence in any investigation or suit
against any person or persons printing, publishing or circulating them
except in appropriate suits for libel, defamation, slander or for an
offense involving disloyalty to the only constituted Government.
ARTICLE VIII
SAFEGUARDS AGAINST CORRUPT AND IRREGULAR ELECTION PRACTICES
Section 49. Definitions. — As used in this Code:cralaw:red
(a) The term "contribution" includes 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 election, but 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, group or
aggrupation. It shall also include the use of facilities voluntarily
donated by other persons, the money value of which can be assessed
based on the rates prevailing in the area.
(b) The term "expenditure" includes the payment or
delivery of money or anything of value, or a contract, promise or
agreement to make an expenditure, whether or not legally enforceable,
for the purpose of influencing the results of the election. It shall
also include the use of facilities personally owned by the candidate,
the money value of the use of which can be assessed based on the rates
prevailing in the area.
(c) The term "person" includes an individual,
partnership, committee, association, corporation, and any other
organization or group of persons.
Section 50. Change of periods. — The Commission is
hereby authorized to fix the appropriate period for the various
prohibited acts enumerated in this Code consistent with the
requirements of free, orderly, and honest elections.
Section 51. Limitations upon expenses of candidates.
— No candidate shall spend for his election campaign an amount more
than the salary or the equivalent of the total emoluments for one year
attached to the office for which he is a candidate: Provided, That the
expenses herein referred to shall include those incurred by the
candidate, his contributors and supporters, whether in cash or in kind,
including the use, rental or hire of land, water orr craft, equipment,
facilities, apparatus and paraphernalia used in the campaign: Provided,
further, That, where the land, water orr craft, equipment, facilities,
apparatus and paraphernalia used is owned by the candidate, his
contributor or supporter, the Commission is hereby empowered to assess
the amount commensurate with the expenses for the use thereof, based on
the prevailing rates in the locality and shall be included in the total
expenses incurred by the candidate.
In the case of candidates for the interim Batasang Pambansa, they shall
not spend more than sixty thousand pesos for their election
campaign. chanroblesvirtualawlibrary
Section 52. Limitation upon expenses of political
parties, groups or aggrupations. — A political party, group or
aggrupation may not spend for the election of its candidates in the
constituency or constituencies where it has official candidates an
aggregate amount more than the equivalent of fifty centavos for every
voter currently registered therein: Provided, That expenses incurred by
such political party, group or aggrupation not duly registered with the
Commission and/or not presenting or supporting a complete list of
candidates shall be considered as expenses of its candidates and
subject to the limitation under Section 51 of this Code. Expenses
incurred by branches, chapters or committees of a political party,
group or aggrupation shall be included in the computation of the total
expenditures of the political party, group or aggrupation.
Section 53. Lawful expenditures. — To carry out the
objectives of the preceding sections, no candidate or his duly
authorized representative, or treasurer of a political party, group or
aggrupation shall, directly or indirectly, make any expenditure except
for the following purposes:cralaw:red
(a) For traveling expenses of the candidates and
campaign personnel in the course of the campaign and for personal
expenses incident thereto;chanroblesvirtualawlibrary
(b) For compensation of campaigners, clerks,
stenographers, messengers, and other persons actually employed in the
campaign;chanroblesvirtualawlibrary
(c) For telegraph and telephone tolls, postage,
freight and express delivery charges;chanroblesvirtualawlibrary
(d) For stationery, printing and distribution of
printed matters relative to candidacy;chanroblesvirtualawlibrary
(e) For employment of watchers at the polls;chanroblesvirtualawlibrary
(f) For rent, maintenance and furnishing of campaign
headquarters, office or place for meetings;chanroblesvirtualawlibrary
(g) For political meetings and rallies and the use of
sound systems, lights and decorations during said meetings and rallies;chanroblesvirtualawlibrary
(h) For newspaper, radio, television and other public
advertisements;chanroblesvirtualawlibrary
(i) For employment of counsel;chanroblesvirtualawlibrary
(j) For copying and classifying list of voters,
investigating and challenging the right to vote of persons registered
in the lists; and
(k) For printing sample ballots in such color, size
and maximum number as may be authorized by the Commission and the cost
of such printing shall not be taken into account in determining the
amount of expenses which a candidate, political party, group or
aggrupation may have incurred under Sections 51 and 52 hereof.
Section 54. Persons authorized to incur election
expenditures. — No person, except the candidate or any person
authorized by him or the treasurer of a political party, group or
aggrupation shall make any expenditure in support of, or in opposition
to any candidate or political party, group or aggrupation. Expenditures
duly authorized by the candidate of the treasurer of the party, group
or aggrupation shall be considered as expenditure of such candidate or
political party, group or aggrupation.
The authority to incur expenditures shall be in writing, copy of which
shall be furnished the Commission, signed by the candidate or the
treasurer of the party, group or aggrupation and showing the
expenditure so authorized, and shall state the full name and exact
address of the person so designated.
Section 55. Accounting by agents of candidates. —
Every person receiving contributions or incurring expenditures by
authority of the candidate or treasurer of the party, group or
aggrupation shall, on demand by the candidate or his representative or
treasurer of the party, group or aggrupation and in any event within
five days after receiving such contribution or incurring such
expenditure, render to the candidate or the treasurer of the party,
group or aggrupation concerned, a detailed account thereof with proper
vouchers of official receipts.
Section 56. Records of receipts and expenditures. —
(a) It shall be the duty of every candidate, treasurer of the political
party, group of aggrupation, and person acting under the authority of
such candidate or treasurer of the party, group or aggrupation to issue
a receipt of every contribution received exceeding one hundred pesos
and to obtain and keep a receipt stating the particulars of every
expenditure exceeding ten pesos.
(b) Every candidate and treasurer of the party, group
or aggrupation shall keep detailed, full and accurate records of all
receipts, contributions received, and expenditures incurred by him and
by those acting under his authority, setting forth therein all
information required to be reported.
(c) Every candidate and treasurer of the party, group
or aggrupation shall be responsible for the preservation of the records
of receipts and expenditures, together with all pertinent documents,
for at least one year after the holding of the election to which they
pertain, and for their production for inspection by the Commission or
its duly authorized representative, or upon presentation of a subpoena
duces tecum duly issued by the Commission. Failure by the candidate or
treasurer to preserve such records or documents shall be deemed prima
facie evidence of violations of this provision.
Section 57. Statement of receipts and expenditures. —
Every candidate and treasurer of the political party, group or
aggrupation shall, not later than seven days or earlier than ten days
before the day of the election, file in duplicate with the office
indicated in the following section, full, true and itemized statements
of all receipts and expenditures in connection with the election.
Within thirty days after the day of the election, said candidate and
treasurer shall also file in duplicate a supplemental statement of all
receipts and expenditures not included in the statement filed prior to
the day of the election.
Section 58. Place for filing statements. — The
statement of receipts and expenditures of a candidate for regional
representative shall be filed with the Regional Election Director of
the Commission, and that of a candidate for sectoral representative
shall be filed with the Commission.
The Regional Election Director shall, within fifteen days after the
last day for the filing of the statements, send to the Commission the
duplicate copies of all statements filed with him.
Section 59. Form and contents of statement. — The
statement shall be in writing, subscribed and sworn to by the candidate
or by the treasurer of the party, group or aggrupation, shall be
complete as of the date next preceding the date of filing, and shall
set forth in detail (a) the amount of every receipt, the date of
receipt, and the full name and exact address of the person from whom
the contribution was received; (b) the amount of every expenditure, the
date thereof, the full name and exact address of the person to whom
payment was made, and the purpose of the expenditure; (c) any unpaid
debt or obligation, its nature and amount, and to whom said debt or
obligation is owing; and (d) such other particulars which the
Commission may require.
If the candidate or treasurer of the party, group or aggrupation has no
receipt, expenditures or unpaid debts or obligations, the statement
shall reflect such fact.
Section 60. Preservation and inspection of statement.
— All statements of receipts and expenditures shall be kept and
preserved at the office where they are filed and shall constitute part
of the public records thereof for three years after they are filed.
They shall not be removed therefrom except upon order of the Commission
or of a competent court and shall, during regular office hours, be
subject and open to inspection by the public. The officer-in-charge
thereof, shall, on demand, furnish certified copies of any statement
upon payment of reasonable fees which the Commission may prescribe.
Section 61. Effect of failure to file statement. — In
addition to other sanctions provided in this Code, no person elected to
any public office shall enter upon the duties of his office until he
has filed the statement of receipts and expenditures herein required.
Section 62. Limitation of contribution to candidate.
— No person shall make any contribution to any candidate in excess of
an amount or value which, if added to the other contributions received
or expenses incurred by the candidate, exceed the amount allowed under
Section 51 hereof. For this purpose, it shall be the duty of the
candidate to inform the contributor of the amount he may lawfully
contribute.
No contribution shall be made except directly to the candidate or his
representative authorized in writing by the candidate.
No candidate shall accept any contributions in violation hereof.
Section 63. Prohibited donations by candidates,
treasurers of parties, groups or aggrupations or their agents. — No
candidate, his or her spouse or any relative within the second civil
degree of consanguinity or affinity, or his campaign manager, agent or
representative shall, during the campaign period, on the day before and
on the day of the election, directly or indirectly, make any donation,
contribution or gift in cash or in kind, or undertake or contribute to
the construction of roads, bridges, schoolhouses, puericulture centers,
medical clinics and hospitals, churches or chapels, cement pavements,
or any structure for public use or for the use of any religious or
civic organization: Provided, That normal and customary religious dues
or contributions, such as religious stipends, tithes, or collections on
Sundays or other designated collection days, as well as periodic
payments for legitimate scholarships established and school
contributions habitually made before the prohibited period, are
excluded from the prohibition.
The same prohibition applies to treasurers and agents or
representatives of any political party, group or aggrupation.
Section 64. Prohibited raising of funds. — It shall
be unlawful for any person to hold dances, lotteries, cockfights,
games, boxing bouts, bingo, beauty contests, entertainments or
cinematographic, theatrical, or other performances from the
commencement of the election period up to and including election day,
for the purpose of raising funds for an election campaign or for the
support of any candidate; or for any person or organization, whether
civic or religious, directly or indirectly, to solicit and/or accept
from any candidate for public office, or from his campaign manager,
agent or representative, or any person acting in their behalf, any
gift, food, transportation, contribution or donation in cash or in kind
during the aforementioned period: Provided, That normal and customary
religious stipends, tithes, or collections on Sundays and/or other
designated collection days, are excluded from this prohibition.
Section 65. Prohibited contributions. — No
contribution shall be made directly or indirectly by any of the
following:cralaw:red
(a) Corporations or associations, or any officer or
agent thereof: Provided, however, That nothing herein shall prevent the
making of any loan to a candidate or political party, group or
aggrupation by any corporation or association legally in the business
of lending money, provided that the loan is made in accordance with
laws and regulations and in the ordinary course of business;chanroblesvirtualawlibrary
(b) Natural and juridical persons operating a public
utility or in possession of or exploiting any natural resources of the
nation; chanroblesvirtualawlibrary
(c) Natural and juridical persons who hold contracts
or sub-contracts to supply the government or any of its divisions,
subdivisions or instrumentalities, with goods or services or to perform
construction or other works;chanroblesvirtualawlibrary
(d) Natural and juridical persons who have been
granted franchises, incentives, exemptions, allocations or similar
privileges or concessions by the government or any of its divisions,
subdivisions or instrumentalities, including government-owned or
controlled corporations;chanroblesvirtualawlibrary
(e) Natural and juridical persons who, within one
year prior to the date of the election, have been granted loans in
excess of P25,000 by the government or any of its divisions,
subdivisions or instrumentalities including government-owned or
controlled corporations;chanroblesvirtualawlibrary
(f) Officials or employees in the civil service, or
members of the Armed Forces of the Philippines; and
(g) Foreigners and foreign corporations.
It shall be unlawful for any person to solicit or receive any
contribution from any of the persons or entities enumerated herein.
Section 66. True name of contributor required. — No
person shall make any contribution in any name except his own nor shall
any candidate, or treasurer of the party, group or aggrupation receive
a contribution or enter or record the same in any name other than that
of the person by whom it was actually made.
Section 67. Soliciting or receiving contributions
from foreign governments. — It shall be unlawful for any person,
including a political party, group or aggrupation or public or private
entity, to solicit or receive, directly or indirectly, anyd or
contribution of whatever form or nature from any foreign national,
government or entity for political purposes.
Section 68. Report of contributions. — Every person
giving contributions aggregating one hundred pesos or more, to any
candidate or treasurer of the party, group or aggrupation shall, not
later than thirty days after the day of the election, file with the
Commission a report under oath stating the amount of each contribution,
the name of the candidate or agent of the candidate, or political
party, group or aggrupation receiving the contribution, and the date of
the contribution.
Section 69. Report of contractors and business firms.
— Every person or firm to whom any election expenditure is made shall,
within thirty days after the day of the election, file with the
Commission a report setting forth the full names and exact addresses of
the candidates, treasurers of parties, groups or aggrupations, and
other persons incurring such expenditures, the nature or purpose of
each expenditure, the date and costs thereof, and such other
particulars as the Commission may require. The report shall be signed
and sworn to by the vendor or contractor, or in case of a business firm
or association, by its president or general manager.
It shall be the duty of such person or firm to whom an election
expenditure is made to require agents of candidates to present their
written authority to incur election expenditures in behalf of the
candidate or treasurer and to keep and preserve at its place of
business, subject to inspection by the Commission or its authorized
representatives, copies of such written authority, contracts, vouchers,
invoices and other records and documents relative to said expenditures
for a period of three years after the date of the election to which
they pertain.
It shall be unlawful for any vendor, contractor or business firm to
enter into contract involving election expenditures with agents or
representatives of candidates or political parties, groups or
aggrupations without such written authority.
ARTICLE IX
REGISTRATION OF VOTERS
Section 70. Permanent list of voters. — There shall
be a permanent list of voters for every voting center in a barangay in
each city or municipality consisting of all the applications for
registration of voters of the barangay approved in accordance with
Presidential Decrees 1099 and 1187, as amended, and the provisions of
this Code. For each election, said list with such additions,
cancellations and corrections as may be proper under this Article shall
constitute the permanent list of voters.
Section 71. Necessity of registration to be entitled
to vote. — In order that a qualified voter may vote in any electoral
process, he must be registered as such in the manner provided herein.
Section 72. Who may be registered. — Every person
possessing all the qualifications and none of the disqualifications
prescribed for a voter shall have the right and the duty to be
registered. During the one-month period immediately preceding the last
day of registration as hereinafter provided, any person who may not
have on the date of registration any of the qualifications required may
be registered upon proof that on the day of the election, he shall have
such qualifications.
Section 73. Re-registration. — A voter who is
registered in the permanent list of voters need not register anew for
subsequent elections unless he transfers residence to another city,
municipality or municipal district, or his registration has been
cancelled on the ground of disqualification and such disqualification
has been lifted or removed, provided he possesses the qualifications of
a voter.
Section 74. Qualifications of a voter. — Every
citizen of the Philippines, not otherwise disqualified by law, eighteen
years of age or over, who shall have resided in the Philippines for one
year and in the city, municipality or municipal district wherein he
proposes to vote for at least six months immediately preceding the
election, may register as a voter.
Any person who transfers to another city, municipality or municipal
district solely by reason of his occupation; profession; employment in
private or public service; educational activities; work in military or
naval reservations; service in the army, navy orr force, the
constabulary or national police force; or confinement or detention in
government institutions in accordance with law shall be deemed not to
have lost his original residence: Provided, That he may register as a
voter of the city, municipality or municipal district where he is
residing for the foregoing reasons if on the date of the election, he
has already resided therein for at least six months.
Section 75. Disqualifications. — The following shall
be disqualified from voting:cralaw:red
(a) Any person who has been sentenced by final
judgment to suffer imprisonment for not less than one year, such
disability not having been removed by plenary pardon: Provided,
however, That any person disqualified to vote under this paragraph
shall automatically reacquire the right to vote upon expiration of five
years after service of sentence.
(b) Any person who has been adjudged by final
judgment by competent court or tribunal of having violated his oath of
allegiance to the Republic of the Philippines.
(c) Insane or feeble-minded persons.
Section 76. Election Registrar. — There shall be in
each city, municipality and municipal district at least one election
registrar and a clerk appointed by the Commission. Every election
registrar shall be appointed to a specific city, municipality or
municipal district; and once appointed may not be transferred or
removed to another city, municipality or municipal district without
cause or his consent, except as provided in Section 185 hereof. The
salaries for the positions of election registrar and clerk in the city,
municipality or municipal district shall be at such rate as may be
determined by the position classification to be made by the Commission:
Provided, however, That whenever the exigencies of registration so
require, the Commission may at its discretion appoint an election
registrar, attach a city, municipality or municipal district to another
political sub-division for purposes of registration, to designate the
city, municipal or municipal district treasurer or any employee of the
Commission as acting election registrar with additional compensation to
be fixed by the Commission but not to exceed fifty per cent of his
salary.
The local government concerned shall provide a suitable place for the
office of the election registrar: Provided, That in case of failure of
the local government to provide such suitable place, the election
registrar, upon prior authority of the Commission and notice to the
local government concerned, may lease another place for his office and
the rentals thereof shall be chargeable to the funds of said local
government.
Section 77. Qualifications of Election Registrar. —
Only members of the Philippine Bar shall be eligible for appointment to
the position of election registrar. If there are no members of the
Philippine Bar available for appointment as election registrar,
graduates of duly recognized schools of law, liberal arts, and
education who are civil service eligibles may be appointed to said
position.
Section 78. Provincial Election Supervisor. — There
shall be assigned in each province a provincial election supervisor
appointed at large by the Commission who shall have administrative
supervision over election registrars and election clerks within the
province and such functions and duties as are provided in this Code or
which may be required by the Commission. Only members of the Philippine
Bar shall be qualified for appointment as provincial election
supervisor.
Section 79. Continuing system of registration of
voters. — For purposes of filing of applications for registration, the
registration period shall commence on the working day immediately
following the holding of an election and shall end ten days before the
day of the succeeding election, unless the Commission rules otherwise
in special cases. Filing of applications for registration shall be
conducted daily in the office of the election registrar during regular
office hours: Provided, That to facilitate registration, the Commission
may extend the hours of registration and authorize registration of
voters in any barangay in the city, municipality or municipal district.
A qualified voter shall register by personally filing an application
for registration before the election registrar of the city or
municipality wherein he is qualified to vote or before any authorized
official of the Commission.
The provisions of the foregoing paragraphs notwithstanding,
registration of voters may be conducted in the voting centers by the
citizens election committee whenever so authorized by law.
The election registrar and the members of the citizens election
committee in appropriate cases shall have the power to administer
oaths, issue subpoena and subpoena duces tecum, swear witnesses, and
compel witnesses to appear and testify, but if the summons is issued at
the instance of any private party, the corresponding fees and expenses
incident thereto shall be paid by the said party. chanroblesvirtualawlibrary
Section 80. Voter's application for registration. —
The application for registration shall be filed in triplicate and shall
be under oath. It shall contain two specimens or the applicant's
signature, his left and right thumbmarks, his photograph which shall be
optional on the part of the applicant, and the following data:cralaw:red
(a) Name, surname and middle/maternal surname;chanroblesvirtualawlibrary
(b) Date and place of birth;chanroblesvirtualawlibrary
(c) Citizenship;chanroblesvirtualawlibrary
(d) Periods of residence in the Philippines and in
the place of registration;chanroblesvirtualawlibrary
(e) Exact address with the name of the street and
house number or in case there is none, a brief description of the
locality and place;chanroblesvirtualawlibrary
(f) A statement that the applicant has not been
previously registered, otherwise, he shall be required to attach a
sworn application for cancellation of his previous registration; and
(g) Such other information or data which he may be
required by the Commission.
The oath of the applicant shall include a statement that he does not
have any of the disqualifications prescribed by law for a voter.
It shall be the duty of the registering officer to fully apprise the
applicant of the qualifications and disqualifications of a voter and
see to it that the application contains all the data herein required.
The application of an illiterate or a physically incapacitated person
may be prepared by person of his confidence or by the election
registrar in accordance with the information given by the applicant
concerning his personal data.
Section 81. Approval or disapproval of application. —
Upon receipt of the sworn application for registration and if there is
no challenge filed as provided in the succeeding section, the election
registrar shall approve it if he finds that the applicant possesses all
the qualifications and none of the disqualifications of a voter,
otherwise, the application shall be disapproved.
Upon approval of the application, a certificate of registration shall
be issued to the voter. If it is disapproved, the applicant shall be
furnished with a certificate of such disapproval stating the grounds
therefor and all three copies of the disapproved application shall be
placed in the inactive file.
Section 82. Challenge of right to register as a
voter. — Any voter of the city, municipality or municipal district may
appear before the election registrar to oppose or challenge the
application for registration stating the ground therefor. The challenge
shall be under oath and shall be attached by the election registrar to
the application together with proof of notice of the date of hearing to
the challenger and the voter.
The hearing shall be conducted without delay and in no case later than
the day after the challenge is filed. Immediately after the hearing,
the challenged application shall be approved or disapproved according
to the evidence submitted for or against the application.
Section 83. Preservation and transmittal of approved
application for registration. — The original of the approved
application for registration of each voter shall be compiled and
incorporated alphabetically into the corresponding book of voters.
On the day following the approval of the application for registration,
the election registrar shall transmit the duplicate copy to the
provincial election supervisor and the triplicate copy to the central
office to the Commission.
Section 84. Voter's certificate of registration. —
The certificate of registration issued to the voter shall serve and be
considered as document for the identification of each registered voter:
Provided, however, That no voter shall be required to present his
certificate of registration on election day if his identity can be
shown by other documents or by the thumbmarks in his approved
application in the book of voters, if he is identified under oath by a
member of the election committee or by a duly accredited watcher.
No extra or duplicate copy of the certificate of registration shall be
prepared and issued except upon authority of the Commission.
Section 85. Cancellation of registration due to death
or disqualification of voter. — The election registrar shall remove the
voter's application for registration from the corresponding book of
voters of the following after entering therein the cause for its
cancellation and place the same in the inactive file:cralaw:red
(a) Those who have since died as certified to at the
end of each month by the local civil registrar.
(b) Those who have been sentenced by final judgment
to suffer an imprisonment of not less than one year or of having
violated their allegiance to the Republic of the Philippines as
certified to at the end of each month by the respective clerks of court
of the Courts of First Instance and the city or municipal courts.
The election registrar shall notify the registered voter by mail or by
personal delivery of the cancellation of his registration and the
ground therefor and require the surrender of his certificate of
registration. In cases of death, the notice shall be directed to the
next of kin.
The names of the voters whose registration have been cancelled shall be
punished on the bulletin board stating the reasons therefor and shall
be reported to the Commission and to the provincial election
supervisor, together with copies of the certified statements of the
local civil registrars, the clerks of court of the Court of First
Instance and the city or municipal court, as the case may be. The
Commission and the provincial election supervisor shall accordingly
remove the cancelled application from their respective files and place
them in the inactive file after entering therein the cause of
cancellation.
Section 86. Application for cancellation of previous
registration. — (a) Any registered voter who, after approval of his
application for registration, has suffered any of the disqualifications
set out in Section 75 hereof, may request for the cancellation of his
registration by filing a sworn application for said cancellation,
setting forth the ground or grounds therefor, and to which he shall
attach his certificate of registration, with the election registrar who
shall proceed to verify the truth thereof and, once established, shall
cancel the voter's registration and issue the certificate of
cancellation to the voter.
The election registrar concerned shall enter the corresponding
notations in the application for registration and thereafter remove the
application from the corresponding book of voters and place it in the
inactive file. The election registrar shall preserve all applications
for cancellation and shall report all cancellations made by him under
this section to the Commission and to the provincial election
supervisor for their corresponding action.
(b) Any registered voter who has transferred and
acquired a new residence may request for the cancellation of his
previous registration in the manner provided in the preceding
paragraph, or by personally filing said sworn application in duplicate,
giving his old and new addresses and with his certificate of
registration attached, with the election registrar of his new
residence, who, upon receipt thereof, shall transmit the original copy
together with the certificate to the election registrar of the voter's
former residence. The election registrar concerned shall, upon receipt
of the sworn application for cancellation, verify the truth thereof and
once established, remove the voter's registration record from the book
of voters and place the same in the inactive file after entering
therein the cause for its cancellation. He shall issue the certificate
of cancellation to the voter through the election registrar of the
voter's new residence.
The election registrar shall preserve all applications for cancellation
and shall report all cancellations made by him to the Commission and to
the provincial election supervisor for their corresponding action.
Section 87. Change of address of voter in the same
city or municipality. — Any voter who has changed his residence in the
same city or municipality wherein he is registered shall notify in
writing his election registrar of such change of address not later than
five days before the day of the election. If the change of address
involves a change of barangay, the election registrar shall accordingly
transfer the corresponding application to the book of voters of the new
barangay. All changes of address, and changes of barangay and voting
center, if any, shall be reported to the Commission and to the
provincial election supervisor for their corresponding action. If there
is a change of voting center, the voter shall be notified of his new
voting center.
Section 88. Adjustment of books of voters. — When a
voting center of a barangay is divided into two or more centers or is
merged with another, the election registrar shall accordingly transfer
the registration records included in the centers affected to the
corresponding books of voters of the new or adjusted voting center. All
adjustments shall be reported to the Commission and the provincial
election supervisor for their corresponding action. Voters affected by
the adjustment of their voting centers shall be notified of their new
centers resulting from the adjustment personally, by mail or by other
expeditious means.
Section 89. Certified list of voters. — Not later
than three days before the day of the election, the election registrar
and the members of the citizens election committee shall prepare and
certify, in three copies, a complete list of voters for each voting
center containing the names, in alphabetical order, and addresses of
all voters registered in the city, municipality or municipal district
based on the approved application in the books of voters. One copy
shall be delivered to the election committee together with the books of
voters for use on election day, one copy shall be delivered to the
barangay captain concerned who shall inform the voters of their voting
center, and the third copy shall be retained by the election registrar.
Section 90. Custody of books of voters. — The
election registrar shall have custody of the books of voters. On the
day before the election, he shall deliver the same to the chairman of
the citizens election committee of the corresponding voting center for
use during the voting. The books of voters shall be returned to the
election registrar upon termination of the proceedings on election day.
Section 91. Provincial central file of registered
voters. — There shall be a provincial central file of registered voters
containing the duplicate copies of all approved applications in each
city, municipality and municipal district in the province which shall
be under the custody and supervision of the provincial election
supervisor. The applications shall be compiled alphabetically by voting
centers so as to make the file an exact replica of the books of voters
in the possession of the election registrar.
Section 92. National central file of registered
voters. — There shall be likewise be a national central file of
registered voters containing the triplicate copies of all approved
applications in all cities, municipalities and municipal districts
which shall be kept in the central office of the Commission. The
applications shall be compiled alphabetically by voting centers so as
to make the file an exact replica of the books of voters in the
possession of the election registrar.
Section 93. Petition for inclusion of voters in the
permanent list. — Any person whose application for registration has
been disapproved may, at any time except five days before an election,
apply to the proper court for an order directing the election registrar
to include his name in the permanent list of voters, attaching to his
petition the certificate of disapproval issued by the election
registrar and proof of service of the petition upon the election
registrar.
If the decision is for the inclusion of the voter in the permanent
list, the application previously disapproved shall be retrieved from
the inactive file and included in the corresponding books of voters.
The corresponding notations shall be made on the application. However,
if the decision of the court for inclusion is received after the books
of voters have been delivered to the election committee, the voter
shall, upon presentation of a certified copy of the order of inclusion
and upon proper identification, be allowed to vote on election day.
The election registrar shall transmit the duplicate and triplicate
copies of the application to the provincial election supervisor and to
the Commission, respectively, together with a certified copy of the
order of inclusion.
Section 94. Petition for exclusion of voters from the
permanent list. — Any registered voter or the election registrar of the
city, municipality or municipal district, or a political party, group
or aggrupation may, at any time except five days before an election,
apply with the proper court for the exclusion of a registered voter
from the permanent list on the ground that he is disqualified or
illegally registered, giving the name and address of the voter and the
barangay and voting center where he is registered. The petition shall
be sworn to and shall be accompanied by proof of service to the
respondent voter and the election registrar, unless the latter is
himself the petitioner. Final decisions of courts ordering the
exclusion of a voter shall be transmitted immediately to the election
registrar who shall accordingly remove the application from the book of
voters and place the same in the inactive file after entering therein
the corresponding notations regarding the exclusion. If the decision is
received after the books of voters have been delivered to the election
committee, the voter so excluded shall not be permitted to vote upon
presentation to the election committee of a certified copy of the order
of exclusion.
Notices of the exclusion order shall be sent by the election registrar
to the Commission and to the provincial election supervisor for their
corresponding action.
Section 95. Jurisdiction in inclusion and exclusion
cases. — (a) The judge of the Court of First Instance and the municipal
judge of the capital of the province shall have concurrent jurisdiction
throughout the province, and the municipal judges shall have in their
respective municipalities concurrent jurisdiction with the former, over
all cases of inclusion and exclusion of voters, and the court before
whom the petition is first filed shall acquire exclusive jurisdiction
thereon.
(b) The municipal judge of the capital and the judge
of the Court of First Instance may hold sessions in any municipality
within the province as they may deem fit for the hearing and decision
on the petition, and the travelling expenses and per diems of the judge
and his personnel shall be paid by the municipality to which the
petition corresponds and where they held sessions.
Section 96. Common rules governing judicial
proceedings in inclusion and exclusive cases. — (a) Outside of regular
office hours, no petition for inclusion or exclusion of voters shall be
received, except when the last day for filing thereof falls on a
Saturday, Sunday or holiday, in which case the courts concerned shall
be open to receive said petition.
(b) Notices to the election registrar and to the
challenged voter shall state the place, date and hour on which such
petition shall be heard, and such notice may be made by personal
delivery, or by leaving a copy thereof in the possession of a person of
sufficient discretion in the residence of said persons, or, in the
event that the foregoing procedure is not practicable and in cases
where the ground for exclusion is that the registered voter is
fictitious, by posting a copy in a conspicuous places, preferably the
city or municipal hall, within the city or municipality not later than
two days before the day set for the hearing.
(c) Each petition shall refer to only one voting
center.
(d) No filing fee shall be collected nor any costs be
assessed in these proceedings. However, if the judge should be
satisfied that the petition has been filed for the sole purpose of
molesting the adverse party and causing him to incur expenses, he may
order the culpable party to pay the costs and incidental expenses.
(e) The decision shall be based on the evidence
presented. If the question is whether or not the voter is real or
fictitious, his non-appearance on the day set for hearing shall be
prima facie evidence that the registered voter is fictitious. In no
case shall a decision be rendered upon a stipulation of facts.
(f) All petitions shall be heard and all proceedings
in connection therewith shall be conducted without delay. In no case
shall a decision be rendered later than the day before the day of
election.
Section 97. Canvass to check registration. — The
election registrar shall, once every two years or oftener should the
Commission deem it necessary in order to preserve the integrity of the
permanent lists of voters, conduct verification by mail or
house-to-house canvass, or both, of the registered voters of any
barangay for purposes of exclusion proceedings.
Section 98. Annulment of permanent lists of voters. —
Any book of voters not prepared in accordance with the provisions of
this Code or the preparation of which has been effected with fraud,
bribery, forgery, impersonation, intimidation, force, or any other
similar irregularity may, upon verified petition of any voter or
election registrar, or duly registered political party, group or
aggrupation, and after notice and hearing, be annulled by the
Commission: Provided, That no order, ruling or decision annulling a
book of voters shall be executed within sixty days before an election.
Section 99. Reconstitution of lost or destroyed
registration records. — The Commission shall reconstitute all
registration records which have been lost or destroyed. For this
purpose, it shall be the duty of the election registrar to immediately
report to the Commission any case of loss or destruction of approved
applications for registration in their custody. Such reconstitution
shall be made with the use of the corresponding copies in the national
or provincial central files of registered voters: Provided, That if
this is not feasible, the registered voter concerned may be summoned by
the election registrar to effect such reconstitution by accomplishing a
new application. Reconstituted forms shall be clearly marked with the
word "reconstituted".
The reconstitution of any lost or destroyed application for
registration shall not affect the criminal liability of any person or
persons who may be responsible for such loss or destruction.
Section 100. Examination of registration records. —
All registration records in the possession of the city or municipal
election registrar, the provincial election supervisor, and the
Commission shall, during regular office hours, be open to examination
by the public with legitimate inquiries for purposes of election.
Law enforcement agencies shall, upon prior authorization by the
Commission, have access to said registration records should the same be
necessary to, or ind of, their investigative functions and duties,
subject to regulations promulgated by the Commission.
ARTICLE X
VOTING CENTERS
Section 101. Voting Centers. — Without prejudice to
the establishment of new voting centers, transfers, merger or splitting
of existing ones, the voting centers which functioned as such during
the referendum of December 17, 1977, shall be used as the voting
centers for the election of regional representatives to the interim
Batasang Pambansa: Provided, That each voting center shall have, as far
as practicable, three hundred voters.
Section 102. Creation of new voting centers. — In
places where there are no existing voting centers and there are at
least two hundred voters, the Commission may authorize the
establishment of new voting centers or take steps to place such areas
under existing voting centers. Said centers shall, as far as
practicable, be located in public school buildings or other public
buildings upon consultation with local officials and others concerned.
The creation of new voting centers shall be communicated to the
Division Superintendent of Schools and the Provincial Election
Supervisor concerned in order that the corresponding members of the
election committees may be duly appointed.
Section 103. Changes in the location of voting
centers. — The location of voting centers shall not be changed within
thirty days before a regular election or seven days before a special
election except where the voting center is destroyed or where because
of violence, terrorism, force majeure or other analogous causes voting
cannot be held in the designated voting center in which cases the
Commission shall transfer such voting center to a suitable place:
Provided, That notices of the change in the location of the voting
center shall be posted in the office of the election registrar, in the
new voting center, in at least three conspicuous places within the
barangays, and if possible, in the original voting center.
Section 104. Requirements for voting centers. — Each
voting center shall be, as far as practicable, a ground floor and shall
be of sufficient size to comfortably accommodate forty voters at one
time outside the ground rail for the committee. The voting center shall
be located, whenever possible, along a public road. A public school
building having the requirements prescribed herein shall be preferred
for use as a voting center. If no public school building is available,
any other public building, a private school building, or any private
building having the prescribed requirements may be used, in that order
of preference.
Section 105. Buildings that shall not be used as
voting centers. — No voting center shall be located in a building
owned, leased or occupied by any candidate, or any person who is
related to any candidate within the third civil degree of consanguinity
or affinity, or any officer of the government holding a political
position, or any officer or leader of any political party, group or
aggrupation, nor in any building the surrounding premises of which are
under the actual control of any of the foregoing persons or of any
private entity.
Section 106. Flags and signs in voting centers. — On
election day, every voting center shall have in front the Philippine
flag displayed at the proper height and a sign indicating the voting
center number. When several voting centers are located in one building,
the display of one flag is sufficient.
Section 107. Arrangement of voting centers. — (a) In
every voting center there shall be a guard rail between the voting
booths and the table for the committee which shall have separate
entrance and exit. The booths shall be so arranged that they can be
accessible only by passing through the guard rail and by entering
through its open side.
(b) There shall also be a guard rail for the watchers
between the place reserved for them and the table for the committee at
a distance of not more than fifty centimeters from the latter so that
the watchers may observe clearly the reading of the contents of the
ballots and the recording of the votes on the corresponding tally
board.
(c) There shall be, if possible, guard rails
separating the table for the committee from the voters waiting for
their turn to cast their votes, with entrance and exit to give them
orderly access to the table and the booths.
(d) The voting center shall be so arranged that the
booths, the table, the ballot boxes and the whole voting center, except
what is being written within the booths, shall be in plain view of the
committee, the watchers and other persons who may be within the voting
center.
The voting center shall conform as much as possible to the sketch on
the following page.
Section 108. Voting booths. — During the voting there
shall be in each voting center at least one booth for every forty
voters of the barangay. Each booth shall be open on the side fronting
the table of the committee and its three sides shall be closed with the
walls at least seventy centimeters wide and two meters high. The upper
part shall be covered if necessary to preserve the secrecy of the
ballots. Each booth shall have attached to its center wall a writing
board so placed that voters can write thereon while standing and the
booths shall be kept clearly lighted during the voting.
The Commission shall post inside each voting booth a list of all the
candidates to be voted for and shall keep said list posted during the
voting.
Section 109. Ballot boxes. — (a) There shall be in
each voting center on the day of the voting a ballot box with two
compartments, namely, the compartment for valid ballots and the
compartment for spoiled ballots, properly marked. The boxes shall be
uniform throughout the Philippines and shall be solidly constructed and
shall be closed with three different locks and such safety devices as
the Commission may prescribed in such a way that they cannot be opened
except by means of three distinct keys and by destroying said safety
devices.
(b) In case of the destruction or disappearance of
any ballot box on election day, the committee shall immediately report
the matter to the city or municipal treasurer who shall furnish another
box or receptacle as equally adequate as possible and report such
delivery of the new ballot box by the fastest means of communication on
the same day to the Commission.
Section 110. Tally boards. — At the beginning of the
counting there shall be placed within plain view of the committee, the
watchers and the public, a tally board or sheet where the names of all
the candidates shall be written and the third member shall record
thereon the votes received by each of them as the chairman of the
committee reads the ballots.
Section 111. Furnishing of ballot boxes, forms,
stationery and materials for elections. — The Commission shall prepare
and furnish the ballot boxes, forms, stationery, indelible pencils and
materials, necessary for the holding of the electoral process.
The provincial, city and municipal treasurers shall have custody of
election supplies and materials and shall be responsible for their
preservation and storage, and for any loss, destruction or damage of
any election equipment, material or document.
Section 112. Inspection of voting centers. — Before
the day of the election, the Commission shall, through its duly
authorized representatives, see to it that all voting centers conform
to the specifications and requirements herein prescribed and that all
omissions and defects are corrected. A report on all inspections made
shall be submitted to the Commission.
ARTICLE XI
CITIZENS ELECTION COMMITTEE
Section 113. Appointment of citizens election
committee. — The Commission shall, directly or through its duly
authorized representatives, appoint, at least ten days before the
election, a citizens election committee for each voting center to be
composed of a chairman, a poll clerk, and a third member. They shall
all be public school teachers. A registered voter of the barangay or
member of the Kabataang Barangay proposed by the barangay captain shall
also be appointed as ex-officiode in the committee but shall have no
vote in the proceedings.
The members of the committee shall receive an appointment stating
therein the voting center to which they are assigned and the date of
appointment.
Section 114. Qualification of members of the election
committee. — No person shall be appointed chairman, member or
substitute member of the election committee unless he is of good moral
character and irreproachable reputation, a registered voter, has never
been convicted of any election offense or of any other crime punishable
by more than six months of imprisonment, or if he has pending against
him an information for any election offense. He must know how to read
and write English or the local dialect.
Section 115. Disqualification. — Any person related
to any member of the committee, or any candidate, his spouse or
relative within the fourth civil degree by affinity or consanguinity
shall be disqualified to serve as chairman or member of any election
committee.
Section 116. Powers of the election committee. — The
citizens election committee shall have the following powers and
functions:cralaw:red
a. Conduct the voting and counting of votes in their
respective voting centers;chanroblesvirtualawlibrary
b. Act as deputies of the Commission in the
supervision and control of the election in the centers wherein they are
assigned, to assure the holding of the same in a free, orderly and
honest manner; and
c. Perform such other functions prescribed by this
Code or by the rules and regulations promulgated by the Commission.
Section 117. Voting privilege of committee members. —
Members of the committee and their substitutes may vote in the voting
center where they are assigned on election day provided that they are
registered voters within the region.
Section 118. Compensation. — The Chairman, poll
clerk, and third member of the committee shall each receive a per diem
of thirty pesos and the ex-officiode an allowance of twenty pesos for
services rendered on election day.
Section 119. Relief and substitution of members of
the committee. — The members of the committee shall not be relieved or
disqualified as such except for cause. A record of each substitution
shall be made, setting forth therein the hour in which the replaced
member ceased in office and the status of the work of the committee.
Section 120. Vacancy in the committee. — Every
vacancy in the committee shall be filled for the remaining period in
the manner hereinafter prescribed.
Section 121. Oath of the members of the committee. —
The members of the committee, whether permanent, substitute or
temporary, shall, before assuming their office, take and sign an oath
before an officer authorized to administer oaths or, in his absence,
before any other member of the committee present, or in case no one is
present, before any voter. The oaths shall be sent immediately to the
city, municipal or municipal district treasurer.
Section 122. Proceedings of the committee to be
public. — The meetings of the committee shall be public and shall be
held only in the voting center.
The committee shall have full authority to maintain order within the
voting center and its premises, to keep access thereto open and
unobstructed, and to enforce obedience to its lawful orders. If any
person shall refuse to obey lawful orders of the committee, or shall
conduct himself in a disorderly manner in its presence or within its
hearing and thus interrupt or disturb its work or the proceedings in
connection with the voting and counting of votes, the committee may
issue an order in writing directing any peace officer to take such
person into custody until the adjournment of the meeting; but such
order shall not be executed as to prevent any person so taken into
custody from exercising his right to vote. Such order shall be executed
by any peace officer to whom it may be delivered, but if none be
present, by any other person deputized by the committee in writing.
Section 123. Prohibition of political activity. — No
member of the committee shall engage in any partisan political activity
or take part in any election except to discharge his duties as such and
to vote.
Section 124. Functioning of the committee. — The
committee shall act through its chairman, and shall decide without
delay by majority vote all questions which may arise in the performance
of its duties.
Section 125. Temporary vacancies. — If, at the time
of the meeting of the committee, any member or members thereof is/are
absent, or the office is still vacant, the member or members present
shall call upon the substitute or substitutes to perform the duties of
the absent member or members and, in case such substitute or
substitutes cannot be found, the member or members present shall
appoint any qualified voter of the barangay to temporarily fill said
vacancy until the absent member or members are available.
Section 126. Arrest of absent member. — The member or
members of the committee present may order the arrest of any other
member or substitute thereof, who in their judgment, has absented
himself with intention of obstructing the performance of duties of the
committee.
Section 127. Temporary designation of members of the
committee by watchers. — If at the time the committee must meet, all
the positions in the committee are vacant, or if not one of the
appointed members shall appear, the watchers present may designate
registered voters of the barangay to act in the place of said members
until the absentees shall appear or the vacancies are filled.
ARTICLE XII
OFFICIAL BALLOTS
Section 128. Official ballots. — The official ballots
shall be of uniform size and color for each region and shall be
provided at public expense. Said ballots shall be in the shape of a
strip with stubs and detachable coupons containing the serial numbers
of the ballots, and shall bear at the top on the middle portion thereof
the coat of arms of the Republic of the Philippines, the words
"Official Ballot," the date of the election and the following note:
"Fill out this ballot secretly inside the voting booth. Do not put any
distinctive mark in any part of this ballot." Each ballot shall contain
the names of all the offices to be voted for in the election, allowing
beneath the name of each office, sufficient space or spaces with
horizontal lines where the voter may write the name or names of the
individual candidates voted by him, except when otherwise prescribed in
this Code.
There shall not be anything on the reverse side of the ballot. There
shall be in the coupon a space for the thumbmark or the voter.
Ballots in provinces where Arabic is of general use, shall have the
instruction and the title of office to be voted, translated in Arabic
in addition to and immediately below the English title.
Section 129. Printing of official ballots. — The
official ballots shall be printed under the supervision and control of
the Commission. The Commission may engage the services of any printing
press and shall provide appropriate security measures for the printing,
storage and distribution thereof.
Ballots shall be bound in separate pads of fifty or one hundred ballots
each as may be required, and shall be numbered consecutively beginning
with the number "1" in each region. Each pad of ballots shall bear on
its cover the region in which the ballots are to be used, and the
inclusive serial numbers of the ballots contained therein. The
Commission and the provincial, city or municipal treasurer shall
respectively keep a record of the ballots furnished the various
provinces, cities, municipalities, municipal districts and voting
centers, copy of which record shall be furnished the Commission
immediately after the distribution is made.
Section 130. Emergency ballots. — No ballots other
than the official ballots shall be used or counted except when the
official ballots were not received on time, or where the ballots are
not sufficient for all registered voters, or where they were destroyed
at such time as shall render it impossible to replace them, in which
cases, the treasurer concerned shall procure from any available source,
emergency ballots which shall be as similar to the official ones as
circumstances will permit and which shall be uniform within each voting
center. The treasurer shall immediately report such action to the
Commission.
Section 131. Sample official ballots. — The citizens
election committee shall be furnished by the Commission with at least
thirty copies of sample official ballots, printed on colored paper in
all other respects like official ballots but bearing instead the words
"sample ballot" to be shown to the public and used in demonstrating how
to fill out and fold the official ballots properly. No same of any
actual candidate shall be written on sample official ballots, nor shall
they be used for voting.
Section 132. Distribution of official ballots. —
Official ballots shall be distributed by the Commission for each city,
municipality and municipal district at the rate of one and one-half for
every registered voter in each voting center.
No official ballot, election returns and other election forms and
paraphernalia shall be delivered to the election committee earlier than
the first hour of election day: Provided, however, That the Commission,
after notice to the political parties, groups or aggrupations and the
candidates, may, for special reasons, authorize an earlier delivery of
said official ballots, election returns and other election form and
paraphernalia to the committee.
Section 133. Committee on printing of official
ballots. — The Commission shall appoint a committee of five members to
act as its representatives in the printing of official ballots who
shall be chosen from among the personnel of the Commission.
In addition to general supervision and control over the printing of
official ballots, the Committee on Printing of Official Ballots shall
(a) take charge of the room or rooms where the paper and paraphernalia
used in the printing of official ballots are stored and where printed
official ballots are packed and prepared for shipment, (b) witness the
printing, storage and shipment of official ballots, and (c) perform
such other related functions as the Commission may direct.
Section 134. Verification of official ballots in the
provinces and cities. — At least ten days before the day of voting the
provincial treasurer or the city treasurer, as the case may be, shall
verify in the presence of representatives of the Commission, and duly
registered or accredited political parties, groups or aggrupations and
the candidates and/or their duly authorized representatives the
contents of the box or boxes containing the official and sample
official ballots received from the Commission.
Each candidate shall, personally or through his authorized
representative or political party, group or aggrupation have the right
to observe all proceedings in connection with the printing, shipment
and distribution of official ballots.
ARTICLE XIII
CASTING OF VOTES
Section 135. Voting hours. — The casting of votes
shall start at seven o'clock in the morning and shall end at five
o'clock in the afternoon, except when there are voters present within
thirty meters in front of the voting center who have not yet cast their
votes, in which case the voting shall continue but only to allow said
voters to cast their votes without interruption. The poll clerk shall,
without delay, prepare a complete list containing the names of said
voters consecutively numbered, and the voters shall be called to vote
in the order in which they are listed. Any voter in the list who is not
present when his name is called out shall not be permitted to vote.
Section 136. Preliminaries to the voting. — (a) The
election committee shall meet at the voting center designated by the
Commission at six thirty o'clock in the morning of election day and
shall have the book of voters containing all the approved applications
for registration of voters pertaining to the voting center, the
certified list of voters, the ballot box, the official ballots,
sufficient pieces of indelible pencils for the use of the voters, the
forms to be used during the day, and all other materials which may be
necessary.
(b) Immediately thereafter, the committee shall open
the ballot box, empty both of its compartments, exhibit them to all
those present and being empty, lock its interior covers with three
padlocks.
(c) The chairman shall forthwith show to the public
and the watchers present the official ballots received from the City,
municipal or municipal district treasurer, and that the ballots have
not been filled. The committee shall enter such fact in the minutes.
(d) The chairman and members of the committee shall
retain in their possession their respective keys to the padlocks during
the voting.
(e) The box shall remains locked until the voting is
finished and the counting begins. However, if it should become
necessary to make room for more ballots, the committee may open the box
in the presence of the committee and the watchers, and the chairman
shall press with his hands the ballots contained therein without
removing any of them, after which the committee shall close the box and
lock it with its three padlocks as hereinbefore provided.
Section 137. Persons allowed in and around the voting
center. — During the voting, no person shall be allowed inside the
voting center, except the member of the election committee, the
watchers, the representatives of the Commission, the voters casting
their votes, the voters waiting for their turn to get inside the booths
whose number shall not exceed twice the number of booths and the voters
waiting for their turn to cast their votes whose number shall not
exceed forty at any one time. The watchers shall stay only in the space
reserved for them, it being illegal for them to enter places reserved
for the voters or for the committee, or to mingle and talk with the
voters within the voting center.
It shall be unlawful for any policeman or peace officer or any armed
person belonging to any extra-legal police agency such as special
agents, confidential agents, temporary policemen, security guards,
security agents, special policemen, and all other kinds of armed or
unarmed extra-legal police officers to enter any voting center and no
policeman or peace officer shall be allowed to enter or stay inside the
voting center except when there is an actual disturbance of the peace
and order therein. However, the committee may, if it deems necessary,
make a call in writing, duly entered in the minutes, for the detail of
a policeman or any peace officer for their protection or for the
protection of the election documents and paraphernalia, in which case,
the said policeman or peace officer shall stay outside the voting
center within a radius of thirty meters near enough to be easily called
by the committee at any time, but never at the door, and in no case
shall the said policeman or peace officer hold any conversation with
any voter or disturb or prevent or in any manner obstruct the free
access of the voters to the voting center.
Section 138. Order of voting. — The voters shall vote
in the order of their entrance into the voting center. The voters shall
have the right to freely enter the voting center as soon as they arrive
unless there are voters waiting inside, in which case they shall fall
in line in the order of their arrival and shall not crowd around the
table of the committee. The voters after having cast their votes shall
immediately depart.
Section 139. Manner of obtaining ballots. — The voter
shall approach the chairman and shall give his name and address
together with other data concerning his person. In case any member of
the committee doubts the identity of the voter, the committee shall
check his voter's certificate of registration or, if he does not have
any, the committee shall refer to his signature and thumbprints in the
voter's application for registration. If the committee is satisfied
with his identity, the chairman shall then distinctly announce the
voter's name in a tone loud enough to be plainly heard throughout the
polling place. If such voter has not been challenged, or if having been
challenged the question has been decided in his favor, the voter shall
forthwith affix his signature in the space intended for that purpose in
the voting record, and the chairman shall, after first entering the
number of the ballot in the corresponding space of the voting record,
deliver to the voter one ballot correctly folded. No person other than
the chairman shall deliver official ballots nor shall more than one
ballot be delivered at one time.
Section 140. Manner of preparing the ballot. — The
voter upon receiving his folded ballot shall forthwith proceed to one
of the empty voting booths and shall there fill his ballot by writing
in the proper space for each office the name of the candidate for whom
he desires to vote: Provided, That in the election of regional
representatives to the interim Batasang Pambansa, the voter may choose
to vote for individual candidates by filling in the proper spaces of
the ballot the names of candidates he desires to elect, but if for any
reason he chooses to vote for all the candidates of a political party,
group or aggrupation, by writing in the space provided for in the
ballot the name of the political party, group or aggrupation: Provided,
further, That the ballots for the election of regional representatives
to the interim Batasang Pambansa shall be prepared by the Commission in
such manner that the voter may vote for the straight ticket of a
political party, group of aggrupation or for individual candidates, and
for this purpose, the ticket of a regularly organized political party,
group or aggrupation as certified under oath by their respective
directorates or duly authorized representatives as well as candidates
not belonging to any particular political party, group or aggrupation,
shall be printed in the upper portion of said ballots in a manner which
does not give undue advantage to any political party, group,
aggrupation or candidate, and there shall also be a column containing
blank spaces for the names of such candidates which spaces are to be
filed by the voter who does not desire to vote for a straight ticket:
Provided, finally, That a candidate may be in the ticket of only one
political party, group or aggrupation; if he is included in the ticket
of more than one political party, group or aggrupation presenting
different sets of candidates, he shall immediately inform the
Commission as to which ticket he chooses to be included, and if he
fails to do so, he shall cease to be considered to belong to any
ticket. The following notice shall be printed on the ballot: "If you
want to vote for all the official candidates of a political party,
group or aggrupation to the exclusion of all other candidates, write
the name of such political party, group or aggrupation in the space
indicated. It shall then be unnecessary for you to write the names of
candidates you vote for. On the other hand, if you want to vote for
candidates belonging to different parties, groups or aggrupations
and/or for individual candidates, write in the respective blank spaces
the names of the candidates you vote for and the names written by you
in the respective blank spaces in the ballot shall then be considered
as validly voted for."
No voter shall be allowed to enter a booth occupied by another, nor
enter the same accompanied by somebody, except as provided for in
Section 141 hereof, nor stay therein for a longer time than necessary,
in no case exceeding ten minutes, in case there are other voters who
are waiting for their turn to vote, nor speak with anyone other than as
herein provided while inside the voting center. It shall be unlawful to
prepare the ballot outside the voting booth, or to exhibit its contents
to any person, or to erase any printing from the ballot, or to
intentionally tear or deface the same or but thereon any distinguishing
mark. It is likewise unlawful to use carbon paper, paraffin paper, or
other means for making a copy of the ballot or make use of any other
means to identify the vote of the voter.
Section 141. Preparation of ballots for illiterate
and disabled persons. — A registered voter who is illiterate or
physically unable to prepare the ballot by himself may choose a person
of his confidence to assist him in the preparation of his ballot,
preferably a relative by affinity or consanguinity within the fourth
civil degree. The person thus chosen shall prepare the ballot for the
illiterate or disabled voter inside the voting booth. The person
assisting shall bind himself in a formal document to fill out the
ballot strictly in accordance with the instructions of the voter and
not to reveal the contents of the ballot prepared by him.
Section 142. Spoiled ballots. — If a voter shall
spoil or deface a ballot in such a way that it cannot lawfully be used,
he shall surrender it folded to the chairman who shall note in the
corresponding space in the voting record that said ballot is spoiled.
The voter shall then be entitled to another ballot which the chairman
shall give him after announcing the serial number of the second ballot
and recording said serial number in the corresponding space in the
voting record. If the second ballot is again spoiled or defaced in such
a way that it cannot lawfully be used, the same shall be surrendered to
the chairman and recorded in the same manner as the first spoiled or
defaced ballot.
The spoiled ballot shall, without being unfolded and without removing
the detachable coupon, be distinctly marked with the word "spoiled" and
signed by the election committee on the indorsement fold thereof and
immediately placed in the compartment for spoiled ballots. However, no
voter shall change his ballot more than twice.
Section 143. Voting. — (a) After the voter has filed
his ballot he shall fold it in the same manner as when he received it
and return it to the chairman.
(b) In the presence of all the members of the
election committee, he shall affix his thumbmark on the corresponding
space in the coupon, and deliver the folded ballot to the chairman.
(c) The chairman, in the presence and view of the
voter and all the members of the election committee, without unfolding
the ballot or seeing its contents, shall verify its number from the
voting record where it was previously entered.
(d) The voter shall forthwith affix the imprint of
his thumbmark by the side of his signature in the space intended for
that purpose in the voting record.
(e) The chairman shall sign in the space intended for
the purpose beside the thumbmark of the voter.
(f) The chairman, after finding everything to be in
order, shall then detach the coupon in the presence of the election
committee and of the voter and shall deposit the folded ballot in the
compartment for valid ballots, and the detached coupon in the
compartment for spoiled ballots.
(g) The voter shall then depart.
Any ballot returned to the chairman whose detachable coupon has been
removed not in the presence of the election committee and of the voter,
or any ballot whose number does not coincide with the number of the
ballot delivered to the vote, as entered in the voting record, shall be
considered as spoiled and shall be so marked and signed by the members
of the election committee.
Section 144. Challenge of illegal voters. — (a) Any
voter or watcher may challenge any person offering to vote for not
being registered or for using the name of another. In such case, the
committee shall satisfy itself as to whether or not the ground for the
challenge is true by requiring proof of registration or the identity of
the voter. For this purpose, the election committee shall have the same
power possessed by municipal judges to issue subpoena and subpoena
duces tecum and to compel witnesses to appear and testify; and
(b) No voter shall be required to present his voter's
certificate of registration on election day unless his identity is
challenged. His failure or inability to produce his certificate of
registration upon being challenged, shall not preclude him from voting
if his identity be shown from the photograph or thumbprints in his
approved application in the book of voters or if he is identified under
oath by a member of the election committee, or by a duly accredited
watcher.
Section 145. Challenge based on certain illegal acts.
— Any voter, candidate, or watcher may challenge any voter offering to
vote on the ground that the challenged person has received or expects
to receive, has paid, offered or promised to pay, has contributed,
offered or promised to contribute money or anything of value as
consideration for his vote or for the vote of another; that he has made
or received a promise to influence the giving or withholding of any
such vote; or that he has made a bet or is interested directly or
indirectly in a bet which depends upon the result of the election. The
challenged person shall take an oath before the committee that he has
not committed any of the acts alleged in the challenge. Upon the taking
of such oath, the challenge shall be dismissed and the challenged voter
shall be allowed to vote, but in case of his refusal to take such oath,
the challenge shall be sustained and he shall not be allowed to vote.
Section 146. Admission of challenged vote immaterial
in criminal proceedings. — The admission of the vote shall not be
conclusive upon any court as to the legality of the registration or the
casting of the vote of the challenged voter in a criminal action
against such person for illegal registration or voting.
Section 147. Record of challenges and oaths. — The
poll clerk shall keep a record of challenges and oaths taken in
connection therewith as well as of the resolution of the committee in
each case and, upon the termination of the voting, shall certify that
it contains all the challenges made. The original of this record shall
be attached to the original copy of the minutes of the voting as
provided in the succeeding section.
Section 148. Minutes of voting and counting of votes.
— The election committee shall prepare and sign a statement in two
copies setting forth the following:cralaw:red
1. The time the voting commenced and ended;chanroblesvirtualawlibrary
2. The serial numbers of the official ballots
received;chanroblesvirtualawlibrary
3. The number of official ballots used and the number
left unused;chanroblesvirtualawlibrary
4. The number of voters who cast their votes;chanroblesvirtualawlibrary
5. The number of voters challenged during the voting;chanroblesvirtualawlibrary
6. The names of the watchers present;chanroblesvirtualawlibrary
7. The time the counting of votes commenced and
ended;chanroblesvirtualawlibrary
8. The number of official ballots found inside the
compartment for valid ballots;chanroblesvirtualawlibrary
9. The number of valid ballots, if any, retrieved
from the compartment for spoiled ballots;chanroblesvirtualawlibrary
10. The number of ballots, if any, found folded
together;chanroblesvirtualawlibrary
11. The number of spoiled ballots withdrawn from the
compartment for valid ballots;chanroblesvirtualawlibrary
12. The number of excess ballots;chanroblesvirtualawlibrary
13. The number of marked ballots;chanroblesvirtualawlibrary
14. The number of ballots read and counted;chanroblesvirtualawlibrary
15. The time the election returns were signed and
sealed in their respective special envelopes; and
16. The number and nature of protests made by
watchers.
Copies of this statement after being duly accomplished shall be sealed
in separate envelopes and shall be distributed as follows: (a) one copy
to the city, municipal or municipal district election registrar and (b)
the second copy shall be deposited inside the compartment for valid
ballots of the ballot box.
Section 149. Prohibition of premature announcement of
voting. — No member of the election committee shall, before the
termination of the voting, make any announcement as to whether a
certain registered voter has already voted or not, as to how many have
already voted or how many so far failed to vote, or any other fact
tending to show or showing the state of the polls, nor shall he make
any statement at any time, except as witness before a court, as to how
any person voted.
ARTICLE XIV
COUNTING OF VOTES
Section 150. Counting to be public and without
interruption. — As soon as the voting is finished, the election
committee shall publicly count in the voting center the votes cast and
ascertain the results. The committee shall not adjourn or postpone or
delay the count until it has been fully completed, unless otherwise
ordered by the Commission.
The Commission, in the interest of free, orderly, and honest elections,
may order the committee to count the votes and to accomplish the
election returns and other forms prescribed under this Code in any
other place within the municipality or province.
Section 151. Excess ballots. — Before proceeding to
count the votes the election committee shall count the ballots in the
compartment for valid ballots without unfolding them or exposing their
contents, except so far as to ascertain that each ballot is single, and
shall compare the number of ballots in the box with the number of
voters who have voted. If there are excess ballots they shall be
replaced in the box and thoroughly mixed therein; and one of the
members designated by the committee, without seeing the ballots and
with his back to the box, shall publicly draw out as many ballots as
may be equal to the excess and without unfolding them, place them in an
envelope which shall be marked "EXCESS BALLOTS" and which shall be
sealed and signed by the members of the committee. The envelope shall
be placed in the compartment for valid ballots, but its contents shall
not be read in the counting of votes. If, in the course of the
examination, any ballot shall be found folded together before they were
deposited in the box, they shall be placed in the envelope for excess
ballots. In case ballots with their detachable coupons be found in the
box, such coupons shall be removed and deposited in the compartment for
spoiled ballots, and, if ballots with the words "spoiled" be found in
the box, such ballots shall likewise be placed in the compartment for
spoiled ballots. chanroblesvirtualawlibrary
Section 152. Marked ballots. — The election committee
shall then examine the ballots to determine whether there are any
marked ballots, and, if any be found, they shall be placed in an
envelope labelled "MARKED BALLOTS" which shall be sealed and signed by
the members of the committee and placed in the compartment for valid
ballots and shall not be counted. A majority vote of the committee
shall be sufficient to determine whether any ballot is marked or not.
Non-official ballots which the committee may find, except those which
have been used as emergency ballots, shall be considered as marked
ballots.
Section 153. Compartment for spoiled ballots. — The
ballots deposited in the compartment for spoiled ballots shall be
presumed to be spoiled ballots, whether or not they contain such
notation; but, if the election committee should find that during the
voting any valid ballot was erroneously deposited in the compartment or
any ballot separated as excess or marked had been erroneously deposited
therein and not in the proper compartment, the committee shall open
said compartment after the voting and before the counting of votes for
the sole purpose of drawing out the ballots erroneously deposited
therein. It shall then prepare and sign a statement of such fact and
lock the box with its three keys immediately thereafter. The valid
ballots so withdrawn shall be mixed with the other valid ballots, and
the excess or marked ballots shall be placed in their proper envelopes,
which shall for such purpose be opened and again labelled, sealed,
signed and kept as hereinafter provided.
Section 154. Manner of counting votes. — The counting
of votes shall be made in the following manner: the committee shall
unfold the ballots and form separate piles of one hundred ballots each,
which shall be held together with rubber bands, with cardboards of the
size of the ballots to serve as folders. The chairman of the committee
shall take the ballots of the first pile one by one and read the names
of the candidates voted for and the offices for which they were voted
in the order in which they appear thereon, assuming such a position as
to enable all or at least a majority of the watchers to read such
names. The pool clerk and the third member, respectively, shall record
on the election returns and the tally board or sheet each vote as the
names voted for each office are read: Provided, That when the name of a
political party, group or aggrupation is read, one vote each shall be
recorded for the official candidates of said party, group or
aggrupation. Each vote shall be recorded by a vertical lines, except
every fifth vote which shall be recorded by a diagonal line crossing
the previous four vertical lines. The ex-officiode shall see to it that
the chairman reads the vote as written on the ballot. After finishing
the first pile of ballots, the committee shall determine the total
number of votes recorded for each candidate, the sum being noted in the
tally board or sheet and on the election returns. In case of
discrepancy such recount as may be necessary shall be made. The ballots
shall then be grouped together again as before the reading. Thereafter,
the same procedure shall be followed with the second pile of ballots
and so on successively. After all the ballots have been read, the
committee shall sum up the totals recorded for each candidate, and the
aggregate sum shall be recorded both on the tally board or sheet and on
the election returns. It shall then place the counted ballots in an
envelope prepared for the purpose, which shall be closed, signed, and
deposited in the compartment for valid ballots. The tally board or
sheet as accomplished shall not be changed or destroyed but shall be
kept in the compartment for valid ballots.
Section 155. Rules for the appreciation of ballots. —
In the reading and appreciation of ballots, the committee shall observe
the following rules:cralaw:red
1. Where only the first name of a 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.
2. When on the ballot is written a single word which
is the 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.
3. When two 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.
4. 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.
5. When the name of a candidate appears in a space of
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 candidate and the vote for the office
for which he is not a candidate shall be considered as stray except
when it is used as a means to identify the voter, in which case the
whole ballot shall be void.
6. 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.
7. Ballots which contains prefixes such as "Sr."
"Mr." "Datu", "don", "ginoo", "Hon.", "Gob.", or suffixes like "hijo",
"Jr.", "segundo" are valid.
8. 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 a candidate, or the
erroneous middle initial of the candidate shall not annul the vote in
favor of the latter.
9. The fact that there exists 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.
10. Ballots wholly written in Arabic in localities
where it is of general use are valid. To read them the committee may
employ an interpreter who shall take an oath that he shall read the
votes correctly.
11. The use of nicknames and appellations of
affection and friendship, if accomplished by the first name or surname
of the candidate, does not annul such vote, except when they were used
as a means to identify the voter, in which case the whole ballot is
invalid: Provided, That if the nickname used is unaccompanied by the
name or surname of a candidate and it is the one by which he is
generally or popularly known in the locality and stated in his
certificate of candidacy, if there is no other candidate for the same
office with the same nickname.
12. Any ballot written with crayon, lead pencil,
ballpen, or with ink, wholly or in part, shall be valid.
13. Where there are two or more candidates voted for
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.
14. If the candidates voted for exceed the number 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 voter
within the spaces provided for said office in the ballot until the
authorized number is covered.
15. Any vote in favor of a person who has not filed a
certificate of candidacy or in favor of a candidate for an office for
which he did not present himself shall be considered as a stray vote
but it shall not invalidate the whole ballot.
16. 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.
17. 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.
18. When there are two or more candidates for the
same office with the same first name or surname the voter shall, in
order that his vote may be counted, add the correct first name, surname
or initial that will identify the candidate for whom he votes.
19. Circles, crosses or lines put on the spaces on
which the voter has not voted shall be considered as signs to indicate
his desistance from voting but shall not invalidate the ballot.
20. Unless it should clearly appear that they have
been deliberately put by the voter to serve as identification marks,
commas, dots, lines, or hyphens between the first name and surname of a
candidate, or in other parts of the ballot, traces of the letter "t",
"j", and other similar ones, the first letters or syllables of names
which the votes does not continue, the use of two or more kinds of
writing and unintentional or accidental flourishes, strokes, or
strains, shall not invalidate the ballot.
21. The accidental tearing or perforation of a ballot
does not annul it.
22. Failure to remove the detachable coupon from a
ballot does not annul such ballot.
23. Any ballot which clearly appears to have been
filled by two distinct persons before it was deposited in the ballot
box during the voting is totally null and void.
24. Any vote cast in favor of a candidate who has
been disqualified under this Code shall be considered as stray and
shall not be counted but it shall not invalidate the ballot.
25. 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.
26. If a voter has written in the proper space of the
ballot the name of a political party, group or aggrupation which has
nominated official candidates, a vote shall be counted for each of the
official candidates of such party, group or aggrupation.
27. If a voter has written in the proper space of the
ballot the name of a political party, group or aggrupation which has
nominated official candidates and the names of individual candidates
belonging to the ticket of the same political party, group or
aggrupation in the spaces provided therefor, a vote shall be counted
for each of the official candidates of such party, group or aggrupation
and the votes for the individual candidates written on the ballot shall
be considered as stray votes.
28. If a voter has written in the proper space of his
ballot the name of a political party, group or aggrupation which has
nominated official candidates and the names of individual candidates
not belonging to the ticket of the same political party, group or
aggrupation in the spaces provided therefor, all of the votes indicated
in the ballot shall be considered as stray votes and shall not be
counted: Provided, however, That if the number of candidates nominated
by the political party, group of aggrupation written by the voter in
the ballots is less than the number of seats to be filled in the
election and the voter also writes the names of individual candidates
in the spaces provided therefor not belonging to the ticket of the
political party, group or aggrupation he has written in the ballot, the
ballot shall be counted as votes in favor of the candidates of the
political party, group or aggrupation concerned and the individual
candidates whose names were firstly written by the voter in the spaces
provided therefor, until the authorized number of seats is filled.
29. The failure to write accurately or completely the
name of a political party, group or aggrupation, the use of names,
words, or initials by which it is commonly known or identified, and
other analogous practices shall not annul the vote and the vote shall
be considered in favor of the candidates of the political party, group
or aggrupation concerned. chanroblesvirtualawlibrary
30. If the voter checked, underlined, encircled or
placed any similar mark opposite, beneath or across the name of a
political party, group or aggrupation, or any name of a candidate
listed on the ballot, the same shall not be counted as votes cast for
the party, group or aggrupation or the candidate, as the case may be,
but shall not invalidate the ballot, unless the same were made to
identify the voter, in which case the whole ballot shall be considered
as a marked ballot.
Section 156. Election returns. — The committee shall
prepare the election returns simultaneously with the counting of the
votes in the voting center as prescribed in Section 154 hereof. The
returns shall be prepared in quadruplicate. The recording of votes
shall be made as prescribed in said section. The entry of votes for
each candidate shall be closed with the signatures of all the members,
likewise 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.
The returns shall also show the date of the election, the voting
center, 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 because they were erroneously placed therein, the total
number of excess ballots, the total number of marked or void ballots,
and the total number of votes obtained by each candidate, writing out
the said number in words and figures, and, at the end thereof, the
committee shall certify that the contents are correct. The returns
shall be accomplished in a single sheet of paper, but, if this is not
possible, additional sheets may be used which shall be prepared in the
same manner as the first sheet and likewise certified by the committee.
The Commission shall take steps so that the entries on the first copy
of the election returns are clearly reproduced on the second, third and
fourth copies thereof, and for this purpose the Commission shall use a
special kind of paper.
Immediately upon the accomplishment of the election returns, each copy
thereof shall, in the presence of the watchers and the public, be
placed in the envelope provided for the purpose, and distributed as
herein provided.
Section 157. Proclamation of the result of the
election in the voting center. — Upon the completion of the election
returns, the chairman of the election committee shall orally and
publicly announce the total number of votes received in the election in
the voting center by each and every one of the candidates, stating
their corresponding office.
Section 158. Disposition of the election returns. —
The first copy of the election returns shall be delivered to the
election registrar of the city, municipality or municipal district for
transmittal to the Commission, the second copy shall be delivered to
the Regional Election Director, the third copy shall be deposited in
the compartment for valid ballots, and the fourth copy shall be
delivered to the election registrar who shall use said copy in the
tabulation of the advance results of the election in the city,
municipality or municipal district.
The Commission shall promulgate rules for the speedy and safe delivery
of the election returns.
Section 159. Certificate of the number of votes
polled by the candidates for an office. — After the announcement of the
results of the election and before leaving the voting center, it shall
be the duty of the committee to issue a certificate of the number of
the votes received by a candidate upon request of the watchers. All the
members of the committee shall sign the certificate.
Section 160. Alterations and corrections in the
election returns. — Any correction or alteration made in the election
returns by the committee before the announcement of the results of the
election in the voting center shall be duly initialed by all the
members thereof.
After the announcement of the results of the election in the voting
center has been made, the committee shall not make any alteration or
amendment in any of the copies of the election returns unless so
ordered by the Commission upon petition of the members of the committee
within five days from the date of the elections or twenty-four hours
from the time a copy of the election returns concerned is opened by the
board of canvassers, whichever is earlier. The petition shall be
accompanied by proof of service upon all candidates affected. If the
petition is by all the members of the committee and the results of the
election would not be affected by said correction and none of the
candidates affected objects thereto, the Commission, upon being
satisfied of the veracity of the petition and of the error alleged
therein, shall order the committee to make the proper correction on the
election returns.
However, if a candidate affected by said petition objects thereto,
whether the petition is filed by all or only a majority of the members
of the committee, and the results of the election would be affected by
the correction sought to be made, the Commission shall proceed
summarily to hear the petition. If it finds the petition meritorious
and there are no evidence or signs indicating that the identity and
integrity of the ballot box have been violated, the Commission shall
order the opening of the ballot box. After satisfying itself that the
integrity of the ballots therein has also been duly preserved, the
Commission shall order the recounting of the votes of the candidates
affected and the proper corrections made on the election returns,
unless the correction sought is such that it can be made without need
of opening the ballot box.
Section 161. Delivery of the ballot boxes, keys and
election supplies and documents. — Upon the termination of the counting
of votes, the committee shall place in the compartment for valid
ballots, the envelopes for used ballots hereinbefore referred to, the
unused ballots, the tally board or sheet, a copy of the election
returns, and the minutes of its proceedings, and then shall lock the
ballot box with three padlocks and such safety device as the Commission
may prescribe. Immediately after the box is locked, the three keys of
the padlocks shall be placed in three separate envelopes and shall be
sealed and signed by all the members of the committee. The authorized
representatives of the Commission shall forthwith take delivery of said
envelopes, signing a receipt therefor, and deliver without delay one
envelope to the provincial treasurer, another to the provincial fiscal
and the other to the provincial election supervisor.
The ballot box, all supplies of the election committee and all
pertinent papers and documents shall immediately be delivered by the
committee to the city, municipal or municipal district treasurer who
shall keep his office open all night on the day of election if
necessary for this purpose, and shall provide the necessary facilities
for said delivery at the expense of the city, municipality, or
municipal district. The book of voters shall be returned to the
election registrar who shall keep it under his custody.
The treasurer and the election registrar, as the case may be, shall, on
the day after the election, require the members of the committee who
failed to send the objects referred to herein to deliver the same to
him immediately and acknowledge receipt thereof in detail.
Section 162. Preservation of the ballot boxes, their
keys and disposition of their contents. — (a) The provincial election
supervisor, the provincial treasurer and the provincial fiscal shall
keep the envelope containing the keys in their possession intact during
the period of three months following the election. Upon the lapse of
this period, unless the Commission has ordered otherwise, the
provincial election supervisor and the provincial fiscal shall deliver
to the provincial treasurer the envelope containing the keys under
their custody.
(b) The city, municipal and municipal district
treasurer shall keep the ballot boxes under their responsibility for
three months and stored unopened in a secure place, unless said ballot
boxes are the subject of an official investigation by the Commission or
other competent authority, or the Commission or competent authority
shall demand them sooner or shall order their preservation for a longer
time in connection with any pending contest or investigation. However,
upon showing by any candidate that the boxes will be in danger of being
violated if kept in the possession of such officials, the Commission
may order them kept by any other official it may designate. Upon the
lapse of said time and if there should be no order to the contrary, the
Commission may authorize the city, municipal and municipal district
treasurer in the sentence of a representative of the Commission, to
open the boxes and burn their contents except the copy of the minutes
of the voting and the election returns deposited therein which they
shall take and keep.
(c) In case of calamity or fortuitous event such as
fire, flood, storm, or other similar calamities which actually cause
damage to the ballot boxes and/or their contents, the Commission may
authorize the opening of said ballot boxes to salvage the ballots and
other contents by placing them in other ballot boxes, taking such other
precautionary measures as may be necessary to preserve such documents.
Section 163. Documents and articles omitted or
erroneously placed inside the ballot box. — If after the delivery of
the keys of the ballot box to the proper authorities, the election
committee shall discover that some documents or articles required to be
placed in the ballot box were not placed therein, the committee,
instead of opening the ballot box in order to place therein said
documents or articles, shall deliver the same to the Commission or its
representatives specially authorized to receive them. In no instance
shall the ballot box be reopened to place therein or take out therefrom
any document or article except to retrieve copies of the election
returns which will be needed in any canvass and in such excepted
instances, the members of the committee and watchers of the candidates
shall be notified of the time and place of the opening of said ballot
box: Provided, however, That if there are other copies of the election
returns outside of the ballot box which can be used in the canvass,
such copies of the election returns shall be used in said canvass and
the opening of the ballot box to retrieve copies of the election
returns placed therein shall then be dispensed with.
ARTICLE XV
BOARD OF CANVASSERS
Section 164. Regional Board of Canvassers. — The
Regional Board of Canvassers shall be composed of the Regional Director
of the Commission on Elections or a lawyer of the Commission, as
chairman, and the Regional Director of the Department of Local
Government and Community Development and the Regional Director of the
Department of Education and Culture, as members.
In no case shall the chairman and the members of the board of
canvassers be related within the fourth civil degree of consanguinity
or affinity to any of the candidates in their respective jurisdiction,
or to any member of the board.
Section 165. Prohibition against leaving official
station. — During the period beginning election day until the
proclamation of the winning candidates, no member of the regional board
of canvassers or substitute member, shall be transferred, assigned or
detailed outside of his official station, without prior authority of
the Commission.
Section 166. Vote required. — A majority vote of all
the members of the board shall be necessary to render a decision.
Section 167. Incapacity and substitution of members
of board of canvassers. — In case of non-availability, absence,
disqualification due to relationship, or incapacity for any cause of
the chairman, the Commission shall designate another lawyer of the
Commission to act as chairman. With respect to the other members of the
regional board of canvassers, the Commission shall appoint as
substitute other regional directors of the other national agencies in
the region.
Section 168. Supervision and control over board of
canvassers. — The Commission shall have direct control and supervision
over the board of canvassers.
Any member of the board of canvassers may at any time be relieved for
cause and substituted motu proprio by the Commission.
Section 169. Canvass by the board. — The board of
canvassers shall meet not later than seven o'clock in the evening of
election day to canvass the election returns that may have already been
received. It shall meet continuously from day to day until the canvass
is completed, and may adjourn but only for the purpose of awaiting the
other election returns from other voting centers within its
jurisdiction. Each time the board adjourns, it shall make a total of
all the votes canvassed so far for each candidate for each office,
furnishing the Commission in Manila by the fastest means of
communication a certified copy thereof, and making available the data
contained therein to mass media and other interested parties. As soon
as the other election returns are delivered, the board shall
immediately resume canvassing until all the returns have been
canvassed.
The board shall prepare a certificate of canvass supported by a
statement of the votes received by each candidate in each voting center
in the region and on the basis thereof, shall proclaim as elected the
candidates who obtained the highest number of votes cast in the region.
Section 170. Canvass and proclamation of sectoral
representatives-elect. — Within five days after the election of the
sectoral representatives of each sector, the Commission shall meet in
session and publicly count the votes cast and on the basis thereof,
proclaim the candidates who obtained the highest number of votes in the
number of representatives required to be elected.
Section 171. When the election return are delayed,
lost, or destroyed. — In case its copy of the election return is
missing, the board of canvassers shall, by messenger or otherwise,
obtain such missing election returns from the election committee
concerned, or if said returns have been lost or destroyed, the boards,
upon prior authority of the Commission, may use any of the authentic
copies of said election returns or a certified copy of said election
returns issued by the Commission, and forthwith direct the provincial
election supervisor of the province concerned to investigate the case
and immediately report the matter to the Commission.
The Commission may, for justifiable causes, order the board of
canvassers, notwithstanding the fact that not all the election returns
have been received by it, to terminate the canvass and proclaim the
candidates elected on the basis of the available election returns if
the missing election returns will not affect the result of the
election.
Section 172. 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 return
them by the most expeditious means, to the corresponding election
committee for correction. Said election returns, however, shall not be
returned for a recount of the ballots or for any alteration of the
number of votes set forth therein: Provided, That in case of the
omission in the election returns of the name of any candidate and/or
his corresponding votes, the board of canvassers shall require the
election committee concerned to complete the necessary data in the
election returns and affix therein their initials: Provided, further,
That if the votes omitted in the returns cannot be ascertained by other
means except by recounting the ballots, the Commission after satisfying
itself that the identity and integrity of the ballot box have not been
violated, shall order the election committee to open the ballot box,
and also after satisfying itself that the integrity of the ballots
therein has been duly preserved, order the committee to count the votes
for the candidate whose votes have been omitted in the presence of the
candidate affected, or his representative and thereafter complete the
returns.
Section 173. When election returns appear to be
tampered with or falsified. — If the election returns submitted to the
board of canvassers appear to be tampered with, altered or falsified
after it has left the hands of the election committee, the board shall
use the other authentic copies of said election returns and, if
necessary, the copy inside the ballot box which upon previous authority
given by the Commission may be retrieved in accordance with Section 163
hereof. If the other copies of the returns are likewise tampered with,
altered, or falsified, the board of canvassers or any candidate
affected shall bring the matter to the attention of the Commission. The
Commission shall then, after giving notice to all candidates concerned
and after satisfying itself that nothing in the ballot box indicates
that its identity and integrity have been violated, order the opening
of the ballot box and likewise after satisfying itself that the
integrity of the ballots therein has been duly preserved shall order
the election committee to recount the votes of the candidates affected
and prepare a new return which shall then be used by the board of
canvassers as basis of the canvass.
Section 174. Discrepancies in election returns. — In
case it appear to the board of canvassers that there exists
discrepancies in the other authentic copies of the election returns
from a voting center or discrepancies in the votes of any candidate in
words and figures in the same return and in either case, the difference
affects the results of the election, the Commission, upon motion of the
board of canvassers or any candidate affected and after due notice to
all candidates concerned, shall proceed summarily to determine whether
the integrity of the ballot box had been preserved and once satisfied
thereof, shall order the opening of the ballot box to recount the votes
cast in the voting center solely for the purpose of determining the
true result of the count of votes of the candidates concerned:
Provided, however, That if upon the opening of the ballot box it should
appear that there are evidences or signs of replacement or tampering of
the ballots, the Commission shall not recount the ballots but shall
forthwith seal the ballot box and order its safekeeping.
Section 175. Suspension and annulment of
proclamation. — The Commission shall be the sole judge of all
pre-proclamation controversies and any of its decisions, orders or
rulings shall be final and executory. It may, motu proprio or upon
written petition, and after due notice and hearing order suspension of
the proclamation of a candidate-elect or annul any proclamation, if one
has been made, on any of the grounds mentioned in Sections 172, 173 and
174 hereof.
Section 176. Watchers. — The watchers shall be
present at, and take note of, al the proceedings of the board of
canvassers. The watchers shall have the right to read the election
returns without touching them, to file a protest against any
irregularity in the election returns submitted and to obtain from the
board of canvassers a resolution thereon in writing.
Section 177. Election resulting in tie. — Whenever it
shall appear from the canvass that two or more candidates have received
an equal and highest number of votes, or in cases where two or more
candidates are to be elected for the same position and two or more
candidates received the same number of votes for the last place in the
number to be elected, the board of canvassers, after recording this
fact in its minutes, shall be resolution, upon five days notice to all
the tied candidates, hold a special public meeting at which the board
shall proceed to the drawing of lots of the candidates who have tied
and shall proclaim as elected the candidate who may be favored by luck,
and the candidate so proclaimed shall have the right to assume office
in the same manner as if he had been elected by plurality vote. The
board shall forthwith make a certificate stating the name of the
candidate who had been favored by luck and his proclamation on the
basis thereof.
Nothing in this section shall be construed as depriving a candidate of
his right to contest the election.
ARTICLE XVI
ELECTION OFFENSES
Section 178. Prohibited acts. — The following shall
be guilty of an election offense:cralaw:red
(a) Vote-buying and vote-selling. — (1) Any person
who gives, offers or promises money or anything of value, gives or
promises any office or employment, public or private, or makes or
offers to make an expenditure, directly or indirectly, or causes an
expenditure to be made to any person, association, corporation, entity,
or community in order to induce anyone or the public in general to vote
for or against any candidate or withhold his vote in the election, or
to vote for or against any candidate in any election or any aspirant
for the nomination or selection of a candidate in a convention of a
political party, group or aggrupation.
(2) Any person, association, corporation, group or
community who solicits or receives, directly or indirectly, and
expenditure or promise of any office or employment, public or private,
for any of the foregoing considerations.
(b) Conspiracy to bribe voters. — Two or more
persons, whether candidates or not, who come to an agreement concerning
the commission of any violation of Paragraph (a) of this Section and
decide to commit it.
(c) Wagering upon result of election. — Any person
who bets or wagers upon the outcome of, or any contingency connected
with, an election. Any money or thing of value or deposit of money or
thing of value situated anywhere in the Philippines put as such bet or
wager shall be forfeited to the Government.
(d) Coercion of subordinates. — (1) Any public
officer, or any public or private corporation or association, or any
head, superior, or administrator of any religious organization, or any
employer or landowner who coerces or intimidates or compels, directly
or indirectly, any of his subordinates or members or parishioners or
employees or house helpers, tenants, overseers, farm helpers, tillers,
or lease holders tod, campaign or vote for or against any candidate or
any aspirant for the nomination or selection of candidates.
(2) Any public officer or officer of any commercial,
industrial, agricultural, economic or social enterprise or public or
private corporation or association, or any head, superior, or
administrator of any religious organization, or any employer or
landowner who dismisses or threatens to dismiss, punishes or threatens
to punish by reducing his salary, wage or compensation, or by demotion,
transfer, suspension, separation, ex-communication, ejectment, or
causing him annoyance in the performance of his job or in his
membership, any subordinate member or affiliate, parishioner, employee
or house helper, tenant, overseer, farm helper, tiller, or lease
holder, for disobeying or not complying with any of the acts ordered by
the former tod, campaign or vote for or against any candidate, or any
aspirant for the nomination or selection of candidates.
(e) Threats, terrorism, use of fraudulent device and
other forms of coercion. — Any person who, directly or indirectly,
threatens or actually causes, inflicts or produces any violence,
injury, punishment, damage, loss or disadvantage upon any person, his
honor or property or use any fraudulent device or scheme to compel or
induce the registration or refraining from registration of any voter,
or the participation in a campaign or refraining or desistance from any
campaign, or the casting of any vote or omission to vote, or any
promise of such registration, campaign, vote, or omission therefrom.
(f) Appointment of new employees, creation of new
positions, or giving salary increases. — During the period fixed by the
Commission, (1) any head, official, or appointing officer of a
government office, agency or instrumentality, whether national or
local, including corporations and enterprises owned or controlled by
the government, who appoints or hires any new employee, whether
provisional, temporary, or casual, or creates and fills any new
position, except upon prior authority of the Commission.
The Commission shall not grant the authority sought unless it is
satisfied that the position to be filled is essential to the proper
functioning of the office or agency concerned, and that the position
shall not be filled in a manner that may influence the election.
As an exception to the foregoing provisions, a new employee may be
appointed in case of urgent need: Provided, however, That notice of the
appointment shall be given to the Commission within three days from the
date of the appointment. An appointment or hiring in violation of this
provision shall be null and void.
(2) Any government official who gives or promises to
give any increase of salary or remuneration or privilege to any
government official or employee, including those in government-owned or
controlled corporations.
(g) Transfer of officers and employees in the civil
service. — Any public official who makes or causes any transfer
or detail whatever of any officer or employee in the civil service
including public school teachers, within the election period except
upon prior approval of the Commission.
(h) Appointment or use of special policemen, special
agents, confidential agents or the like. — During the campaign period,
on the day before and on election day, any appointing authority who
appoints or any person who utilizes the services of special policemen,
special agents, confidential agents or persons performing similar
functions; persons previously appointed as special policemen, special
agents confidential agents or persons performing similar functions who
continue acting as such, and those who fail to turn over their
firearms, uniforms, insignias and other badges of authority to the
proper officer who issued the same.
At the start of the aforementioned period, the barangay captain, the
municipal mayor, city mayor or provincial governor shall submit to the
Commission a complete list of all special policemen, special agents,
confidential agents or persons performing similar functions in the
employ of their respective political subdivisions, with such
particulars as the Commission may require.
(i) Illegal release of prisoners before and after
election. — The Director of the Bureau of Prisons, any provincial
warden, the keeper of the jail or the person or persons required by law
to keep prisoners in their custody who shall illegally order or allow
any prisoner detained in the national penitentiary, or the provincial,
city or municipal jail to leave the premises thereof sixty days before
the thirty days after the election.
(j) Use of public funds, money deposited in trust,
equipment, facilities, etc., owned or controlled by the Government for
an election campaign. — Any person who uses or under any guise
whatsoever, directly or indirectly, (1) public funds or money deposited
with, or held in trust by, public financing institutions or by
government offices, banks, or agencies; (2) any printing press, radio,
or television station or audio-visual equipment operated by the
Government or by its divisions, subdivisions, agencies, or
instrumentalities, including government-owned or controlled
corporations or by the Armed Forces of the Philippines; or (3) any
equipment, vehicle, facility, apparatus, or paraphernalia owned by the
Government or by its political subdivisions, agencies, or by the Armed
Forces of the Philippines for any election campaign or for any partisan
political activity.
(k) Deadly weapons. — Any person who carries any
deadly weapon in the voting center and within a radius of one hundred
meters thereof during the days and hours of registration, voting,
counting of votes, and preparation of the election returns. However, in
case of tumultuous affray, tumult, or disorder, any peace officer or
public officer authorized by the Commission to supervise the election
is entitled to carry firearms or any other weapon for the purpose of
preserving order and enforcing the law.
(l) Carrying firearms outside residence or place of
business. — Any person who, during the election period, carries any
firearm outside his residence or place of business, unless authorized
in writing by the Commission: Provided, That a motor vehicle, water orr
craft shall not be considered a residence or place of business or
extension thereof.
(m) Use of armored land, water orr craft. — Any
person who uses during the campaign period, on the day before and on
election day, any armored land, water orr craft, provided with any
temporary or permanent equipment or any other device or contraption for
the mounting or installation of cannons, machine guns and other similar
high caliber firearms, including military type tanks, half trucks,
scout trucks, armored trucks of any make or model, whether new,
reconditioned, rebuilt or remodelled: Provided, That banking or
financial institutions and all business firms may use not more than two
armored vehicles strictly for, and limited to, the purpose of
transporting cash, gold bullion or other valuables in connection with
their business from and to their place of business, upon previous
authority of the Commission.
(n) Wearing of uniforms and bearing arms. — During
the campaign period, on the day before and on election day, any member
of security or police organizations of government agencies,
commissions, councils, bureaus, offices, or government-owned or
controlled corporations, or privately-owned or operated security,
investigate, protective or intelligence agencies, who wears his uniform
or uses his insignia, decorations or regalia, or bears arms outside the
immediate vicinity of his place of work: Provided, That this
prohibition shall not apply when said member is in pursuit of a person
who has committed or is committing a crime in the premises he is
guarding; or when escorting or providing security for the transport of
payrolls, deposits, or other valuables; or when guarding the residence
of private persons; or when guarding private buildings or offices:
Provided, further, That in the last two cases, prior written approval
of the Commission shall be obtained. The Commission shall decide all
applications for authority under this paragraph within fifteen days
from the date of the filing of such application.
(o) Policemen and provincial guards to act as
bodyguards or security guards. — During the campaign period, on the day
before and on election day, any member of the city or municipal police
force and any provincial or sub-provincial guard who acts as bodyguard
or security guard of any public official, candidate or any other
person, and any of the latter who utilizes the services of the former
as bodyguard or as security guard: Provided, That when the life and
security of a candidate is in jeopardy, the Commission is empowered to
assign any member, of the candidate's choice, from the Philippine
Constabulary or the police force of any municipality within the
province to act as his bodyguard or security guard in a number to be
determined by the Commission but not to exceed three per candidate:
Provided, however, That when the circumstances require immediate
action, the Commission may issue a temporary order allowing the
assignment of any member of the Philippine Constabulary or the local
police force to act as bodyguard or security guard of the candidate,
subject to confirmation or revocation.
(p) Any person who, having all the qualifications and
none of the disqualifications of a voter, fails without justifiable
excuse to register as a voter in an election in which he is qualified
to vote.
(q) Any person who knowingly makes any false or
untruthful statement relative to any of the data or information
required in the application for registration.
(r) Any election registrar who knowingly approves the
application of a person who does not possess all the qualifications or
who possesses any of the disqualifications prescribed by law for a
voter; or who knowingly disapproves the application of a person who
possesses all such disqualifications and none of the disqualifications.
(s) Any person who, being a registered voter,
registers anew without filing an application for cancellation of his
previous registration.
(t) Any person who registers in substitution for
another whether with or without the latter's knowledge or consent.
(u) Any person who tampers with or changes without
authority any data or entry in any voter's application for
registration.
(v) Any person who delays, hinders or obstructs
another from registering as a voter or from taking any of the steps
leading thereto.
(w) Any person who shall falsely certify or identity
another as a bona-fide resident of a particular place or locality for
the purpose of securing the latter's registration as a voter.
(x) Any election registrar or any person acting in
his behalf who issues or causes the issuance of a voter's certificate
of registration or cancels or causes the cancellation thereof in
violation of the provisions of this Code.
(y) Any person who falsifies a voter's certificate of
registration or alters it without authority, or knowingly possesses
such falsified or unlawfully altered certificate of registration.
(z) Any person who, without authority, issues or
causes the issuance of a voter's certificate of registration or cancels
or causes the cancellation of any voter's certificate of registration.
(aa) Any person who uses the voter's certificate of
registration of another for the purpose of voting, whether or not he
actually succeeds in voting.
(bb) Any person who places, inserts or otherwise
includes, as approved application for registration in the book of
voters or in the provincial or national central files of registered
voters, the application of any fictitious voter or any application that
has not been approved; or removes from, or otherwise takes out of the
book of voters or the provincial or national central files of
registered voters any voter's application duly approved, except upon
lawful order of the Commission, or of a competent court or after proper
cancellation as provided in Sections 85, 86, 93 and 94
hereof. chanroblesvirtualawlibrary
(cc) Any person who asks, demands, takes, accepts or
possesses, directly or indirectly, the voter's certificate of
registration of another, in order to induce the latter to vote or
withhold his vote, or to vote for or against any candidate in an
election. It shall be presumed prima facie that the asking, demanding,
taking, accepting, or possessing is with such intent if done within the
period beginning ten days before election day and ending ten days after
election day, unless the person who asks, demands, takes, accepts or
possesses the voter's certificate of registration of another and the
latter are both members of the same family.
(dd) Any person who alters in any manner, tears,
defaces or destroys any certified list of voters issued by the election
registrar.
(ee) Any person who fails to cast his vote without
justifiable excuse.
(ff) Any person who votes more than once in the same
election; or who, not being a registered voter, votes in an election.
(gg) Any person who votes in substitution for another
whether with or without the latter's knowledge and/or consent.
(hh) Any person who avails himself of any scheme to
discover the contents of the ballot of a voter who is preparing or
casting his vote or who has just voted, except as otherwise authorized
in this Code.
(ii) Any voter who, in the course of voting, uses a
ballot other than the one given by the election committee or who has in
his possession more than one official ballot.
(jj) Any person who places under the arrest or
detains a voter without lawful cause, or molests him in such a manner
as to obstruct or prevent him from going to the voting center to cast
his vote, or from returning home after casting his vote, or to compel
him to reveal how he voted.
(kk) Any member of the election committee charged
with the duty of reading the ballot during the counting of votes who
deliberately omits to read the vote duly written on the ballot, or
misreads the vote actually written thereon or reads the name of a
candidate where no name is written on the ballot.
(ll) Any member of the election committee charged
with the duty of tallying the votes in the tally board or sheet,
election returns, or other prescribed form who deliberately fails to
record a vote therein or erroneously records the votes as read.
(mm) Any person who, without authority, acts as, or
assumes or performs any function of a member of the election committee,
or the board of canvassers, or deputy or representative of the
Commission.
(nn) Any person who, in the presence or within the
bearing of the election committee or the board of canvassers during any
of its meetings, conducts himself in such a disorderly manner as to
interrupt or disrupt the work or proceedings to the end of preventing
either body from performing its functions, either partly or totally.
(oo) Any person who, for the purpose of disrupting or
obstructing the election process or causing confusion among the voters,
propagates false and alarming reports or information or transmits or
circulates false orders, directives or messages regarding any matter
relating to the printing of official ballots, the postponement of the
election, the transfer of voting centers, or the general conduct of the
election.
(pp) Any person who holds or causes the holding of an
election on a day other than that fixed by law or by the Commission, or
stops an election being legally held.
(qq) Any person who, without legal authority,
destroys, or takes away from the possession of those having legal
custody thereof, or from the place where they are legally deposited,
any election returns or ballot box which contains official ballots or
other documents used in the election.
(rr) Any person having legal custody of the ballot
box containing the official ballots used in the election who opens or
destroys said box or removes or destroys its contents without or
against the order of the Commission or who, through his negligence,
enables any person to commit any of the aforementioned acts, or takes
away said ballot box from his custody.
(ss) Any public official or person acting in his
behalf who relieves any member of the election committee or who changes
or causes the change of the assignment of any member of said committee
without authority of the Commission.
(tt) Any member of the election committee who
knowingly uses ballots other than the official ballots, except in those
cases where the use of emergency ballots is authorized.
(uu) Any public official who neglects or fails to
properly preserve or account for any ballot box, documents, forms and
other election supplies and materials received by him and kept under
the custody.
(vv) Any person who reveals the contents of the
ballot of an illiterate or disabled voter whom he assisted in preparing
a ballot.
(ww) Any person who, without authority, transfers the
location of a voting center.
(xx) Any person who, being ineligible for appointment
as member of the election committee, accepts an appointment to said
committee, assumes offices, and actually serves as a member thereof; or
any public officer or any person acting in his behalf who appoints such
ineligible person knowing him to be ineligible.
(yy) Any member of the election committee or board of
canvassers who, without justifiable reason, refuses to sign and certify
any election form required by this Code although he was present during
the meeting of the said body.
(zz) Any member of the election committee or board of
canvassers who deliberately absents himself from the meetings of said
body for the purpose of obstructing or delaying the performance of the
duties of the body.
(aaa) Any person who prints or causes the printing of
any ballot or election returns that appears as an official ballot or
election returns or who distributes or causes the same to be
distributed for use in the election, whether or not they are actually
used.
(bbb) Any person who, without authority, keeps, uses
or carries out or causes to be kept, used or carried out, any official
ballot or election returns or printed proof thereof, type-form mould,
electro-type printing plates and any other plate, numbering machines
and other printing paraphernalia being used in connection with the
printing of official ballots or election returns.
(ccc) Any official or employee of any printing
establishment or of the Commission or any member of the committee in
charge of the printing of official ballots or election returns who
causes official ballots or election returns to be printed in quantities
exceeding those authorized by the Commission or who distributes,
delivers or in any manner disposes of or causes to be distributed,
delivered, or disposed of, any official ballot or election returns to
any person or persons not authorized by law or by the Commission to
receive or keep official ballots or election returns or who sends or
causes them to be sent to any place not designated by law or by the
Commission.
(ddd) Any person who, through any act, means or
device, violates the integrity of any official ballot or election
returns before or after they are used in the election.
(eee) Any political group which nominates candidates
for any elective public office before the period authorized under this
Code.
(fff) Any person who withdraws, abstracts, destroys
or cancels any certificate of candidacy duly filed and which has not
been withdrawn or cancelled upon petition of the candidate himself or
upon orders of the Commission; or any person who misleads the election
committee by submitting any false or spurious certificate of candidacy
or document to the prejudice of a candidate.
(ggg) Any person who, by any device or means, jams,
obstructs or interferes with a radio or television broadcast of any
lawful political program.
(hhh) Any person who solicits votes or undertakes any
propaganda, on the day of election, for or against any candidate or any
political aggrupation within the voting center and within a radius of
thirty meters thereof.
(iii) (1) Any person who sells, furnishes, offers or
takes intoxicating liquor on the days fixed by law for registration of
voters in the voting center, or on any of the two days immediately
preceding election day, or on election day.
(2) Any person who opens in any voting center or
within a radius of thirty meters thereof on election day and during the
counting of votes, booths or stalls of any kind for the sale,
dispensing or display of wares, merchandise or refreshments, whether
solid or liquid, or for any other purpose.
(3) Any person who holds on election day fairs,
cockfights, boxing, horse races, jai-alai or any other similar sports.
(jjj) Intervention of public officers and employees.
— Any officer or employee in the civil service, except those holding
political offices; and officers, members or employees of the Armed
Forces of the Philippines or of any police force who, directly or
indirectly, intervenes in an election campaign or engages in any
partisan political activity, except to vote or to preserve public
order, if he is a peace officer.
(kkk) Refusal to carry election mail matter. — Any
operator or employee of a public utility or transportation company
operating under a certificate of public convenience who refuses to
carry official election mail matters free of charge during the period
beginning thirty days before any election and ending thirty days
thereafter. In addition to the penalty prescribed herein, such refusal
shall constitute a ground for cancellation or revocation of the
certificate of public convenience or franchise.
Section 179. Other election offenses. — Violation of
the provisions, or pertinent portions, of the following sections of
this Code shall constitute election offenses: Sections 10, 24, 25, 35,
36, 37, 38, 39, 40, 41, 42, 44, 48, 51, 52, 53, 54, 55, 56, 57, 58, 59,
60, 62, 63, 64, 65, 66, 67, 68, 69, 79, 82, 83, 85, 86, 87, 88, 89, 90,
91, 92, 103, 105, 122, 123, 124, 129, 130, 131, 132, 134, 135, 136,
137, 139, 140, 141, 142, 143, 147, 148, 149, 150, 151, 152, 153, 154,
155, 156, 157, 158, 159, 160, 161, 162, 163, 165, 169, 171, 172, 173,
174 and 177.
Section 180. Persons criminally liable. — The
principals, accomplices, and accessories, as defined in the Revised
Penal Code, shall be criminally liable for election offenses. If the
one responsible be an entity, its president or head, the officials and
employees of the same performing duties connected with the offense
committed, and its members who may be principals, accomplices, or
accessories shall be liable, in addition to the liability of such
entity.
Whenever used in pertinent provisions of this Code referring to
prohibited acts, corrupt and irregular election practices, the phrase
"political party, group or aggrupation" shall refer to any organized
group of persons, whether or not registered with the Commission,
engaging in any political activity or campaign for or against the
election of a candidate or group of candidates.
Section 181. Penalties. — Any person found guilty of
any election offense under this Code shall be punished with
imprisonment of not less than one year but not more than six years. In
addition, the guilty party shall be sentenced to suffer
disqualification to hold public office and deprivation of the right of
suffrage. If he is a foreigner, he shall be sentenced to deportation
which shall be enforced after the prison term has been served. Any
political party, group, aggrupation or entity found guilty shall be
sentenced to pay a fine of not less than ten thousand pesos, which
shall be imposed upon such party, group, aggrupation or entity after
criminal action has been instituted in which their corresponding
officials have been found guilty.
Any person found guilty of the offense of failure to register or
failure to vote shall, upon conviction, be sentenced to imprisonment of
not less than one month but not more than six months. In addition, he
shall suffer disqualification to hold public office and deprivation of
the right of suffrage for a period of six years. The sentence shall be
served in the manner prescribed under Presidential Decree No. 1053.
Section 182. Prosecution. — The Commission shall,
through its duly authorized legal officers, have the power to conduct
preliminary investigation of all election offenses punishable under
this Code, and to prosecute the same. The Commission may avail of the
assistance of other prosecuting arms of the Government.
Section 183. Prescription. — Election offenses shall
prescribe after three years from the date of their commission. If the
discovery of the offense be made in an election contest proceedings,
the period of prescription shall commence on the date on which the
judgment in such proceedings becomes final and executory.
Section 184. Jurisdiction of courts. — The Court of
First Instance shall have the exclusive original jurisdiction to try
and decide any criminal action or proceedings for violation of this
Code, except those relating to the offense of failure to register or
failure to vote which shall be under the jurisdiction of the city or
municipal courts. From the decision of the courts, appeal will lie as
in other criminal cases.
ARTICLE XVII
POWERS OF THE COMMISSION
Section 185. Powers of the Commission on Elections. —
The Commission shall, in addition to the powers and functions conferred
upon it by the Constitution, have exclusive charge of the enforcement
and administration of all laws relative to the conduct of elections for
the purpose of insuring free, orderly and honest elections, and shall:cralaw:red
(a) Exercise direct and immediate supervision and
control over national 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. In addition, it may authorize
ROTC cadets eighteen years of age and above to act as its deputies for
the purpose of enforcing its orders.
The Commission may relieve any officer or employee referred to in the
preceding paragraph from the performance of his duties relating to
electoral processes who violates the election law or fails to comply
with its instructions, orders, decisions or rulings consistent with the
provisions of this Code and appoint his substitutes. Upon
recommendation of the Commission, the corresponding proper authority
shall suspend or remove from office any or all of such officers who
may, after due process, be found guilty of such violation or failure.
(b) Promulgate rules and regulations implementing the
provisions of this Code or other laws which the Commission is required
to enforce and administer.
In case of conflict between rules, regulations, special orders or
directives of the Commission in the exercise of its powers and those
issued by any other office or agency of the Government concerning the
same matter relative to elections, the former shall prevail.
(c) Enforce and execute its decisions, directives,
orders and instructions on any matter affecting the conduct of any
electoral process. For this purpose, the same decisions, directives,
orders and instructions shall have precedence over those emanating from
any other authority, except the Supreme Court and those issued in
habeas corpus proceedings.
(d) Make changes in the composition, distribution and
assignment of its field offices as well as their personnel whenever the
interest of free, orderly and honest elections so require: Provided,
That such changes shall be effective and enforceable only for the
duration of the election period concerned and shall not affect the
tenure of office of the incumbents of positions affected and shall not
constitute a demotion, either in rank or salary, nor result in a change
of status: And provided, further, That in no case shall Regional
Election Directors be assigned to a region, provincial election
supervisors to a province, or city or municipal election registrars to
a city, municipality or municipal district where they are related
within the fourth civil degree of consanguinity or affinity to any
candidate to be voted for in the region, province, city, municipality,
or municipal district, as the case may be, of his spouse.
(e) Fix other periods for certain pre-election
requirements in order that voters shall not be deprived of their right
of suffrage and certain groups of rights granted them in this Code.
(f) Prescribe the forms to be used in the election.
(g) Procure any supplies, equipment, materials or
services needed for the holding of the election through negotiation or
sealed quotations if it finds the requirements of public bidding
impracticable to observe.
(h) Hire under contractual basis the services of
personnel if this method is found to be more expedient and economical.
(i) Any provision of existing laws, orders, or
circulars to the contrary notwithstanding, the Commission may authorize
the payment of compensation from appropriations provided for said
Commission to its officials and employees, and those assigned thereto,
except the Chairman and Commissioners, for overtime services rendered
on Saturdays, Sundays and holidays, or after required office hours on
regular working days, at rates to be fixed by the Commission which
shall not exceed, for any one month, the equivalent of their respective
regular monthly compensation and for any one year, the equivalent of
their annual salary.
(j) Prescribe the use or adoption of the latest
technological and electronic devices, taking into account the situation
prevailing in the area and the funds available for the purpose.
(k) Carry out a continuing 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 the
Commission and the necessity of clean, free, orderly and honest
electoral processes.
(l) Summon the parties to a controversy pending
before it, issue subpoena and subpoena duces tecum, and take testimony
in any investigation or hearing before it, and delegate such power to
any officer of the Commission who shall be a member of the Philippine
Bar. In case of failure of a witness to attend, the Commission, upon
proof of service of the subpoena to said witness, may issue a warrant
to arrest the witness and bring him before the Commission or the
officer before whom his attendance is required. The Commission shall
have the power to punish contempt provided for in the Rules of Court
under the same procedure and with the same penalties provided therein.
Any controversy submitted to the Commission shall, after compliance
with the requirements of due process, be heard and decided by it within
the reglementary period provided by law.
The Commission may, when necessary, avail of the assistance of any
national or local law enforcement agency and/or instrumentality of the
government to execute under its direct and immediate supervision any of
its final decisions, orders, instructions or rulings.
Any violation of any final and executory decision, order or ruling of
the Commission shall constitute contempt thereof.
Section 186. Measures to ensure enforcement. — For
the effective enforcement of the provisions of this Code, the
Commission is further vested and charged with the following powers,
duties and responsibilities:cralaw:red
1. To issue warrants of arrest or search warrants
upon a determination of probable cause of the commission of an election
offense.
2. To stop any illegal election activity, or
confiscate, tear down and stop any unlawful, libelous, misleading or
false election propaganda.
3. To cancel at any time before proclamation the
certificate of candidacy of any candidate found, through summary
proceedings, to have (a) given money or other material inducements to
influence, induce or corrupt the voters or public officials performing
electoral functions; (b) committed acts of terrorism to enhance his
candidacy; (c) solicited or received contributions from foreigners or
foreign government; (d) violated the provisions regulating campaign
propaganda; (e) committed any of the prohibited acts provided in
Section 178 hereof; (f) knowingly tolerated his supporters in
committing such acts; or (g) spent for his campaign more than the
amount provided in Section 51 hereof.
Any decision, order or ruling of the Commission cancelling a
certificate of candidacy as provided in the preceding paragraph shall
be immediately executory.
4. To inquire into the financial records of
candidates and any organization or group of persons, motu proprio or
upon representation of any candidate, organization or group of persons
or qualified voter after due notice and hearing.
For purposes of this Section, the Commission may avail itself of the
assistance of the Commission on Audit, the Central Bank, the National
Bureau of Investigation, the Bureau of Internal Revenue, the Armed
Forces of the Philippines, the Integrated National Police of the
Philippines, barangay officials and other agencies of the government.
Section 187. Disqualifications of members of the
Commission. — The Chairman and Members of the Commission shall be
subject to the canons of judicial ethics in the discharge of their
functions.
No Chairman or Member of the Commission shall sit in any case in which
he has manifested or harbored bias, prejudice or antagonism against any
party thereto and in connection therewith, or in any case in which he
would be disqualified under the Rules of Court. If it be claimed that
the Chairman or a Member of the Commission is disqualified from sitting
as above provided, the party objecting to his competency may file his
objection in writing with the Commission stating the grounds therefor.
The official shall continue to participate in the hearing or withdraw
therefrom in accordance with his determination of the question of his
disqualification. The decision shall forthwith be made in writing and
filed with the other papers of the case in accordance with the Rules of
Court. In the event of disqualification of any member, he shall be
substituted by a Justice of the Court of Appeals who shall be
designated by the President on recommendation of the Presiding Justice.
ARTICLE XVIII
ELECTION CONTESTS
Section 188. Jurisdiction of the Commission. — The
Commission shall be the sole judge of all contests relating to the
elections, returns, and qualifications of all members of the interim
Batasang Pambansa and elective provincial and city officials.
Section 189. Filing of petition. — A sworn petition
contesting the election of any member of the interim Batasang Pambansa
or any provincial or city official shall be filed with the Commission
by any candidate for the same office within ten days after the
proclamation of the results of the election.
Any voter contesting the election of any officer on the ground of
ineligibility or of disloyalty to the Republic of the Philippines may
file a petition for quo warranto with the Commission within ten days
after the proclamation of his election.
Section 190. Election contests for municipal and
municipal district offices. — A sworn petition contesting the election
of a municipal or municipal district officer shall be filed with the
proper Court of First Instance by any candidate for the same office who
has duly filed a certificate of candidacy, within ten days after the
proclamation of the election.
Section 191. Election contests for barangay offices.
— A sworn petition contesting the election of a barangay officer shall
be filed with the proper city or municipal court by any candidate for
the same office who has duly filed a certificate of candidacy, within
ten days after the proclamation of the election.
Section 192. Procedure in election contests. — The
Commission shall prescribe the rules to govern the procedure and other
matters relating to election contests pertaining to all national,
regional provincial, city, municipal and barangay offices. Such rules
shall provide a simple and inexpensive procedure for the expeditious
disposition of election contests.
Section 193. Decision on the contest. — The
Commission shall decide all election cases brought before it within
ninety days from the date of their submission for decision. The
decision of the Commission shall be final, executory and unappealable.
If the decision be that none of the parties has been legally elected,
the Commission shall certify such decision to the President of the
Philippines.
Section 194. Moral and exemplary damages in election
contests and quo warranto proceedings. — In all election contests or in
quo warranto proceedings the Commission or court may adjudicate in the
same case, moral and exemplary damages as it may deem just if the
aggrieved party has included in his pleadings such claims.
In no case shall moral and/or exemplary damages exceed the amount
equivalent to the total emoluments attached to the office concerned.
The following are sufficient grounds for the adjudication of a claim
for moral and/or exemplary damages:cralaw:red
(a) In favor of the original protestant or contestant
or in favor of the protestant-in-intervention or
contestant-in-intervention, if the court shall find in its decision
that the election of the protestee or respondent was made possible
through fraud or any irregularity where said protestee or respondent
participated in or to which he consented, or otherwise tolerated the
same, or that the protestee or respondent had maliciously filed a
counter-protest for the sole purpose of unduly delaying the termination
of the case.
(b) In favor of the protestee or respondent, if the
court shall find expressly in its decision that the protest or contest
was filed in bad faith or without sufficient cause or has been filed
for the sole purpose of molesting him or causing him to suffer
anxieties or to incur unnecessary expense.
The provision on moral and exemplary damages contained in Title XVIII,
Book IV of the Civil Code of the Philippines, shall be applicable, in a
suppletory character, insofar as they are not inconsistent with the
provisions of this Code.
Section 195. Adjudication of moral and exemplary
damages. — The moral and/or exemplary damages shall be adjudicated and
shall form part of the decision of the same case, and may be executed
after the decision in the same case becomes final and executory.
Section 196. Appeal. — From any decision rendered by
the Court of First Instance in the cases stated in Section 190 hereof,
the aggrieved party may appeal to the Commission within five days after
receipt of a copy of the decision: Provided, That no motion for
reconsideration shall be entertained by the court.
The appeal shall proceed as in a criminal case and shall be decided
within sixty days after the case has been submitted for decision.
The decision of the city, municipal or municipal district courts in the
case stated in Section 191 hereof shall not be appealable and shall
immediately be final and executory.
Section 197. Preferential disposition of contests. —
The courts, in their respective cases, shall give preference to
election contests over all other cases, except those of habeas corpus,
and shall without delay, hear and, within thirty days from the date of
their submission for decision, decide the same.
Section 198. Notices of decisions of contests. — The
clerk of court and the corresponding official in the Commission before
whom an election contest or quo warranto proceedings has been
instituted or where the appeal of said case has been taken shall notify
immediately the President of the Philippines of the final disposition
thereof. In election contests involving municipal or municipal district
offices where no appeal has been taken and in all election contests
involving barangay offices, if the decision be that none of the parties
has been legally elected, said official shall certify such decision to
the President of the Philippines and to the Commission.
ARTICLE XIX
MISCELLANEOUS PROVISIONS
Section 199. Registration of political parties. —
Pending the promulgation of rules and regulations to govern the
registration and accreditation of political parties by the Commission
in accordance with Article XII (C) of the Constitution, the
registration with the Commission previous to 1972 of the Nacionalista
Party, Liberal Party, Citizens Party, and other national parties shall
be deemed to continue and they may, upon notice of the Commission
through their respective presidents or duly authorized representatives,
amend or change their names, constitutions, by-laws, or other
organizational papers, platforms, officers and members, and shall be
entitled to nominate and support their respective candidates for
representatives in the interim Batasang Pambansa. Similarly, any other
group of persons pursuing the same political ideals in government may
register with the Commission and be entitled to the same rights and
privileges.
Section 200. Non-impairment of Presidential powers. —
Nothing in this Code shall be construed as in any manner affecting, or
constituting an impairment of, the Constitutional powers of the
President of the Philippines.
As used in this Code, the term President shall refer to the Prime
Minister upon the organization of the interim Batasang Pambansa.
ARTICLE XX
FINAL PROVISIONS
Section 201. Separability clause. — If for any reason
any section or provisions of this Code or any portion hereof, or the
application of such section, provision or portion hereof to any person,
group or circumstance is declared invalid or unconstitutional, the
remainder of the Code or the application of such section, provision or
portion hereof to other persons, groups or circumstances shall not be
affected by such declaration.
Section 202. Repealing Clause. — The Election Code of
1971 is hereby repealed, and all other laws, executive orders, rules
and regulations, or parts thereof inconsistent with the provisions of
this Code are also repealed, amended or modified accordingly.
Section 203. Effectivity. — This Decree shall take
effect immediately.
DONE in the City of Manila,
this 7th day of February, in the Year of Our Lord, nineteen hundred and
seventy-eight.
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