ELECTION
LAWSOF
THE PHILIPPINESFull Text
Sponsored
by: The
ChanRobles Group
This
web page contains the full text ofTHE
ELECTORAL REFORMS LAW OF 1987Republic
Act No. 6646
-->
REPUBLIC
ACT NO. 6646 AN
ACT INTRODUCING ADDITIONAL REFORMS IN THE ELECTORAL SYSTEM AND FOR
OTHER
PURPOSES.
Section 1.
Title. - This Act shall be known and cited as "The
Electoral
Reforms Law of 1987."
Sec. 2. Law
Governing Elections. - The first local elections under the new
Constitution
and all subsequent elections and plebiscites shall be governed by this
Act and by the provisions of Batas
Pambansa Blg. 881, otherwise known as the Omnibus Election Code of the
Philippines, and other election laws not inconsistent with this Act.
Sec. 3. Voters
in Cities. - The registered voters of a highly urbanized city shall
not vote in the election for provincial officials of the province in
which
it is located. No component city shall be declared or classified as a
highly
urbanized city within sixty (60) days prior to a local election.
The registered
voters of a component city shall be entitled to vote in the election
for
provincial officials of the province of which it is a part, unless its
charter provides otherwise.
Sec. 4. Certificates
of Candidacy; Certified Lists of Candidates. - The certificates of
candidacy shall be filed in twelve legible signed copies with the
offices
mentioned in Section 75 of Batas
Pambansa Blg. 881. In cities with more than one election registrar,
the Commission on Elections, hereinafter referred to as the Commission,
shall designate the election registrar who shall receive the
certificates
of candidacy.
In lieu of the
additional copies of the certificate of candidacy equal to twice the
number
of polling places which a candidate is required to file under said
Section
75, the Commission shall cause to be printed certified lists of
candidates
containing the names of all registered candidates for each office to be
voted for in each province, city or municipality immediately followed
by
the nickname or stage name of each candidate duly registered in his
certificate
of candidacy and his political party affiliation, if any. Said list
shall
be posted inside each voting booth during the voting period.
Whenever practicable,
the board of inspectors shall cause said list of candidates to be
written
clearly and legibly on the blackboard or on manila paper for posting at
a conspicuous place inside the polling place.
The names of
all registered candidates immediately followed by the nickname or stage
name shall also be printed in the election returns and tally sheets.
Sec. 5. Procedure
in Cases of Nuisance Candidates. - (a) A verified petition to
declare
a duly registered candidate as a nuisance candidate under Section 69 of
Batas
Pambansa Blg. 881 shall be filed personally or through duly
authorized
representative with the Commission by any registered candidate for the
same office within five (5) days from the last day for the filing of
certificates
of candidacy. Filing by mail shall not be allowed.
(b) Within three
(3) days from the filing of the petition, the Commission shall issue
summons
to the respondent candidate together with a copy of the petition and
its
enclosures, if any.
(c) The respondent
shall be given three (3) days from receipt of the summons within which
to file his verified answer (not a motion to dismiss) to the petition,
serving copy thereof upon the petitioner. Grounds for a motion to
dismiss
may be raised as affirmative defenses.
(d) The Commission
may designate any of its officials who are lawyers to hear the case and
receive evidence. The proceeding shall be summary in nature. In
lieu
of oral testimonies, the parties may be required to submit position
papers
together with affidavits or counter-affidavits and other documentary
evidence.
The hearing officer shall immediately submit to the Commission his
findings,
reports, and recommendations within five (5) days from the completion
of
such submission of evidence. The Commission shall render its
decision
within five (5) days from receipt thereof.
(e) The decision,
order, or ruling of the Commission shall, after five (5) days from
receipt
of a copy thereof by the parties, be final and executory unless stayed
by the Supreme Court.
(f) The Commission
shall within twenty-four hours, through the fastest available means,
disseminate
its decision or the decision of the Supreme Court to the city or
municipal
election registrars, boards of election inspectors and the general
public
in the political subdivision concerned.
Sec. 6. Effect
of Disqualification Case. - Any candidate who has been declared by
final judgment to be disqualified shall not be voted for, and the votes
cast for him shall not be counted. If for any reason a candidate is not
declared by final judgment before an election to be disqualified and he
is voted for and receives the winning number of votes in such election,
the Court or Commission shall continue with the trial and hearing of
the
action, inquiry, or protest and, upon motion of the complainant or any
intervenor, may during the pendency thereof order the suspension of the
proclamation of such candidate whenever the evidence of his guilt is
strong.
Sec. 7. Petition
to Deny Due Course To or Cancel a Certificate of Candidacy. - The
procedure
hereinabove provided shall apply to petitions to deny due course to or
cancel a certificate of candidacy as provided in Section 78 of Batas
Pambansa Blg. 881.
Sec. 8. Representatives
of Parties During Printing of Returns and Ballots. - The registered
political parties or coalitions of parties, or their components should
there be any dissolution or division of said coalition, whose
candidates
obtained at least ten percent (10%) of the total votes cast in the next
preceding senatorial election shall each have a watcher and/or
representative
in the procurement and watermarking of papers to be used in the
printing
of election returns and official ballots and in the printing,
numbering,
storage, and distribution thereof.
Sec. 9. Public
Forum. - The Commission shall encourage nonpolitical, nonpartisan
private
or civic organizations to initiate and hold in every city and
municipality,
public fora at which all registered candidates for the same office may
simultaneously and personally participate to present, explain, and/or
debate
on their campaign platforms and programs and other like issues. The
Commission
shall promulgate the rules and regulations for the holding of such fora
to assure its nonpartisan character and the equality of access thereto
by all candidates.
Sec. 10. Common
Poster Areas. - The Commission shall designate common poster areas
in strategic public places such as markets, barangay centers and the
like
wherein candidates can post, display, or exhibit election propaganda to
announce or further their candidacy.
Whenever feasible
common billboards may be installed by the Commission and/or nonpartisan
private or civic organizations which the Commission may authorize
whenever
available, after due notice and hearing, in strategic places where it
may
be readily seen or read, with the heaviest pedestrian and/or vehicular
traffic in the city or municipality.
The space in
such common poster areas or billboards shall be allocated free of
charge,
if feasible, equitably and impartially among the candidates in the
province,
city or municipality.
Sec. 11. Prohibited
Forms of Election Propaganda. - In addition to the forms of
election
propaganda prohibited under Section 85 of Batas
Pambansa Blg. 881, it shall be unlawful:
(a) to draw,
paint, inscribe, write, post, display or publicly exhibit any election
propaganda in any place, whether private or public, except in the
common
poster areas and/or billboards provided in the immediately preceding
section,
at the candidate’s own residence, or at the campaign headquarters of
the
candidate or political party: Provided, That such posters or
election
propaganda shall in no case exceed two (2) feet by three (3) feet in
area:
Provided, further, That at the site of and on the occasion of a
public
meeting or rally, streamers, not more than two (2) and not exceeding
three
(3) feet by eight (8) feet each may be displayed five (5) days before
the
date of the meeting or rally, and shall be removed within twenty-four
(24)
hours after said meeting or rally; and
(b) for
any
newspaper, radio broadcasting or television station, or other mass
media,
or any person making use of the mass media to sell or to give free of
charge
print space or air time for campaign or other political purposes except
to the Commission as provided under Sections 90 and 92 of Batas
Pambansa Blg. 881. Any mass media columnist, commentator, announcer
or personality who is a candidate for any elective public office shall
take a leave of absence from his work as such during the campaign
period.
Sec. 12. Official
Watchers. - Every registered political party, coalition of
political
parties, and every candidate shall each be entitled to one watcher in
every
polling place: Provided, That candidates for members of the
Sangguniang
Panlalawigan, Sangguniang Panlungsod or Sangguniang Bayan or for city
or
municipal councilors belonging to the same slate or ticket shall
collectively
be entitled only to one watcher. There shall also be recognized two
principal
watchers, one representing the ruling coalition and the other the
dominant
opposition coalition, who shall sit as observers in the proceedings of
the board. The principal watcher shall be designated on the basis of
the
recommendation of the ruling coalition, represented by the political
party
of the incumbent elected district representative, and of the dominant
opposition
coalition, represented by the political party which performed best or
which
polled at least ten percent (10%) of the votes in the last national
election.
A duly signed
appointment of a watcher shall entitle him to recognition by the board
of election inspectors and the exercise of his rights and discharge of
his duties as such: Provided, however, That only one watcher of each of
those authorized to appoint them can stay at any time inside the
polling
place.
The watchers
shall be permitted full and unimpeded access to the proceedings so that
they can read the names of those written on the ballots being counted
with
unaided natural vision, consistent with good order in the polling place.
In addition
to their rights and duties under Section 179 of Batas
Pambansa Blg. 881, the two principal watchers representing the
ruling
coalition and the dominant opposition coalition in a precinct shall, if
available affix their signatures and thumbmarks on the election returns
for that precinct. If both or either of them is not available,
unwilling
or should they refuse to do so, any watcher present preferably with
political
affiliation or alignment compatible with that of the absent or
unwilling
watcher, may be required by the board of election inspectors to do so.
Sec. 13. Board
of Election Inspectors. -The board of election inspectors to
be constituted by the Commission under Section 164 of Batas
Pambansa Blg. 881 shall be composed of a chairman and two (2)
members,
one of whom shall be designated as poll clerk, all of whom shall be
public
school teachers, giving preference to those with permanent
appointments.
In case there are not enough public school teachers, teachers in
private
schools, employees in the civil service, or other citizens of known
probity
and competence who are registered voters of the city or municipality
may
be appointed for election duty.
Sec. 14. Per
Diems Of Boards of Election Inspectors and Other Personnel. - The
chairman
and the members of the boards of election inspectors shall each be paid
a per diem of One hundred pesos (P100.00) on each registration or
revision
day and Two hundred pesos (P200.00) on election day.
Support personnel
from the Department of Education, Culture and Sports shall each receive
a per diem of P50.00 during election day. Supervisors, principals and
other
administrators of the Department of Education, Culture and Sports, who
may be required by the Commission to perform election duties shall each
be entitled to a per diem of P100.00.
Provincial,
city and municipal treasurers shall each receive a per diem of P200.00
on election day.
Sec. 15. Signatures
of Chairman and Poll Clerk at the Rack of Every Ballot. - In
addition
to the preliminary acts before the voting as enumerated in Section 191
of Batas
Pambansa Blg. 881, the chairman and the poll clerk of the board of
election inspectors shall affix their signatures at the back of each
and
every official ballot to be used during the voting. A certification to
that effect must be entered in the minutes of the voting.
Sec. 16. Certificate
of Votes. - After the counting of the votes cast in the precinct
and
announcement of the results of the election, and before leaving the
polling
place, the board of election inspectors shall issue a certificate of
votes
upon request of the duly accredited watchers. The certificate shall
contain
the number of votes obtained by each candidate written in words and
figures,
the number of the precinct, the name of the city or municipality and
province,
the total number of voters who voted in the precinct, and the date and
time issued, and shall be signed and thumbmarked by each member of the
board.
Sec. 17. Certificate
of Votes as Evidence. - The provisions of Sections 235 and 236 of Batas
Pambansa Blg. 881 notwithstanding, the certificate of votes shall
be
admissible in evidence to prove tampering, alteration, falsification or
any anomaly committed in the election returns concerned, when duly
authenticated
by testimonial or documentary evidence presented to the board of
canvassers
by at least two members of the board of election inspectors who issued
the certificate: Provided. That failure to present any
certificate
of votes shall not be a bar to the presentation of other evidence to
impugn
the authenticity of the election returns.
Sec. 18. Transfer
of Counting of Votes to Safer Place. - If on account of imminent
danger
of violence, terrorism, disorder or similar causes, it becomes
necessary
to transfer the counting of votes to a safer place, the board of
inspectors
may effect such transfer by unanimous approval by the board and
concurrence
by the majority of the watchers present. This fact shall be recorded in
the minutes of voting and the members of the board and the watchers
shall
manifest their approval or concurrence by affixing their signatures
therein.
The Commission shall issue rules and guidelines on the matter to secure
the safety of the members of the board, the watchers, and all election
documents and paraphernalia.
Sec. 19. Number
of Copies of Election Returns and their Distribution. - The
election
returns required under Section 212 of Batas
Pambansa Blg. 881 shall be prepared in sextuplicate. The first copy
shall be delivered to the city or municipal board of canvassers as a
body
for its use in the city or municipal canvass. The second copy shall be
delivered to the election registrar of the city or municipality for
transmittal
to the provincial board of canvassers for its use in the provincial
canvass.
The third copy shall likewise be delivered to the election registrar
for
transmittal to the Commission. The fourth copy, to be known as advance
election returns, shall be delivered to the city or municipal treasurer
who, in the presence of the election registrar or his authorized
representative,
shall immediately and publicly open the same and post the votes therein
in an election board, sufficiently large to enable the public to read
them,
built on a public place preferably within the immediate vicinity of the
city hall or municipal building. The fifth copy shall be deposited in
the
compartment of the ballot box for valid ballots. The sixth copy shall
be
delivered to the city or municipal trial judge or municipal circuit
trial
judge, as the case may be, or in his absence to any official who may be
designated by the Commission for safekeeping. Said copy may be opened
during
the canvass upon order of the board of canvassers for purposes of
comparison
with other copies of the returns whose authenticity is in question.
The city or
municipal treasurer shall issue certified copy of any election returns
in his possession upon request of any interested party and payment of
the
fees required by existing ordinances.
The Commission
shall promulgate rules for the speedy and safe delivery or preservation
of the election returns.
Sec. 20. Boards
of Canvassers. - There shall be a board of canvassers for each
province,
city and municipality as follows:
(a) Provincial
Board of Canvassers. - The provincial board of canvassers shall be
composed of the provincial election supervisor or a lawyer in the
regional
office of the Commission, as chairman, the provincial fiscal, as
vice-chairman,
and the provincial superintendent of schools, as member.
(b) City
Board of Canvassers. - The city board of canvassers shall be
composed
of the city election registrar or a lawyer of the Commission, as
chairman,
the city fiscal, as vice-chairman, and the city superintendent of
schools,
as member. In cities with more than one election registrar, the
Commission
shall designate the election registrar who shall act as chairman.
(c) Municipal
Board of Canvassers. - The municipal board of canvassers shall be
composed
of the election registrar or a representative of the Commission, as
chairman,
the municipal treasurer, as vice-chairman, and the most senior district
school supervisor or in his absence a principal of the school district
or the elementary school, as member.
The proceedings
of the board of canvassers shall be open and public.
Sec. 21. Substitution
of Chairman and Members of the Board of Canvassers. - In case of
non-availability,
absence, disqualification due to relationship, or incapacity for any
cause
of the chairman, the Commission shall appoint as substitute, a ranking
lawyer of the Commission. With respect to the other members of the
board,
the Commission shall appoint as substitute the following in the order
named:
the Provincial Auditor, the Registrar of Deeds, the Clerk of Court
nominated
by the Executive Judge of the Regional Trial Court, and any other
available
appointive provincial official in the case of the provincial board of
canvassers;
the officials in the city corresponding to those enumerated, in the
case
of the city board of canvassers; and the Municipal Administrator, the
Municipal
Assessor, the Clerk of Court nominated by the Executive Judge of the
Municipal
Trial Court, or any other available appointive municipal officials, in
the case of the municipal board of canvassers.
Sec. 22. Canvassing
Committees. - The board of canvassers may constitute such number
of
canvassing committees as may be necessary to enable the board to
complete
the canvass within the period prescribed under Section 231 of Batas
Pambansa Blg. 881: Provided, That each committee shall be
composed
of three members, each member to be designated by the chairman and
members
of the board and that all candidates shall be notified in writing,
before
the election, of the number of committees to be constituted so that
they
can designate their watchers in each committee. The committees shall be
under the direct supervision and control of the board.
Sec. 23. Notice
of Meetings of the Board. - At least five (5) days before the
initial
meeting of the board of canvassers, the chairman of the board shall
give
written notice to all members thereof and to each candidate and
political
party presenting candidates for election in the political subdivision
concerned
of the date, time and place of the meeting. Similar notice shall also
be
given for subsequent meetings unless notice has been given in open
session
of the board. Proof of service of notice to each member, candidate and
political party shall be attached to and shall form part of the records
of the proceedings. If notice is given in open session, such fact shall
be recorded in the minutes of the proceedings.
Sec. 24. Proceedings
of the Board. - The board of canvassers shall have full authority
to
keep order within the canvassing room or hall and its premises and
enforce
obedience to its lawful orders. If any person shall refuse to obey any
lawful order of the board or shall so conduct himself in such disorder
manner as to disturb or interrupt its proceedings, the board may order
any peace officer to take such person into custody until the
adjournment
of the meeting.
Sec. 25. Right
to be Present and to Counsel During the Canvass. - Any registered
political
party, coalition of parties, through their representatives, and any
candidate
has the right to be present and to counsel during the canvass of the
election
returns: Provided, That only one counsel may argue for each
political
party or candidate. They shall have the right to examine the returns
being
canvassed without touching them, make their observations thereon, and
file
their challenges in accordance with the rules and regulations of the
Commission.
No dilatory action shall be allowed by the board of canvassers.
Sec. 26. COMELEC
Hearings and Proceedings. - In all hearings, inquiries, and
proceedings
of the Commission, including preliminary investigations of election
offenses,
no person subpoenaed to testify as a witness shall be excused from
attending
and testifying or from producing books, papers, correspondence,
memoranda
and other records on the ground that the testimony or evidence,
documentary
or otherwise, required of him, may tend to incriminate him or subject
him
to prosecution: Provided, That no person shall be prosecuted
criminally
for or on account of any matter concerning which he is compelled, after
having claimed the privilege against self-incrimination, to testify and
produce evidence, documentary or otherwise.
Under such terms
and conditions as it may determine, the Commission may grant immunity
from
criminal prosecution to any person whose testimony or whose possession
and production of documents or other evidence may be necessary to
determine
the truth in any hearing, inquiry or proceeding being conducted by the
Commission or under its authority in the performance or in the
furtherance
of its constitutional functions and statutory objectives. The immunity
granted under this and the immediately preceding paragraph shall not
exempt
the witness from criminal prosecution for perjury or false testimony.
Sec. 27. Election
Offenses. - In addition to the prohibited acts and election
offenses
enumerated in Sections 261 and 262 of Batas
Pambansa Blg. 881, as amended, the following shall be guilty of an
election offense:
(a) Any
person
who causes the printing of official ballots and election returns by any
printing establishment which is not under contract with the Commission
on Elections and any printing establishment which undertakes such
unauthorized
printing.
(b) Any
member
of the board of election inspectors or board of canvassers who tampers,
increases, or decreases the votes received by a candidate in any
election
or any member of the board who refuses, after proper verification and
hearing,
to credit the correct votes or deduct such tampered votes.
(c) Any
member
of the board of election inspectors who refuses to issue to duly
accredited
watchers the certificate of votes provided in Section 16 hereof.
(d) Any
person
who violates Section 11 hereof regarding prohibited forms of election
propaganda.
(e) Any
chairman
of the board of canvassers who fails to give notice of meetings to
other
members of the board, candidate or political party as required under
Section
23 hereof.
(f) Any
person
declared a nuisance candidate as defined under Section 69 of Batas
Pambansa Blg. 881, or is otherwise disqualified, by final and
executory
judgment, who continues to misrepresent himself, or holds himself out,
as a candidate, such as by continuing to campaign thereafter, and/or
other
public officer or private individual, who knowingly induces or abets
such
misrepresentation, by commission or omission, shall be guilty of an
election
offense and subject to the penalty provided in Section 264 of the same Code.
Sec. 28. Prosecution
of Vote-Buying and Vote-Selling. - The presentation of a complaint
for violations of paragraph (a) or (b) of Section 261 of Batas
Pambansa Blg. 881 supported by affidavits of complaining witnesses
at testing to the offer or promise by or of the voter’s acceptance of
money
or other consideration from the relatives, leaders or sympathizers of a
candidate, shall be sufficient basis for an investigation to be
immediately
conducted by the Commission, directly or through its duly authorized
legal
officers, under Section 68 or Section 265 of said Batas
Pambansa Blg. 881.
Proof that at
least one voter in different precincts representing at least twenty
percent
(20%) of the total precincts in any municipality, city or province has
been offered, promised or given money, valuable consideration or other
expenditure by a candidate’s relatives, leaders and/or sympathizers for
the purpose of promoting the election of such candidate, shall
constitute
a disputable presumption of a conspiracy under paragraph (b) of Section
261 of Batas
Pambansa Blg. 881.
Where such proof
affects at least twenty percent (20%) of the precincts of the
municipality,
city or province to which the public office aspired for by the favored
candidate relates, the same shall constitute a disputable presumption
of
the involvement of such candidate and of his principal campaign
managers
in each of the municipalities concerned, in the conspiracy.
The giver, offeror,
and promisor as well as the solicitor, acceptor, recipient and
conspirator
referred to in paragraphs (a) and (b) of Section 261 of Batas
Pambansa Blg. 881 shall be liable as principals: Provided,
That
any person, otherwise guilty under said paragraphs who voluntarily
gives
information and willingly testifies on any violation thereof in any
official
investigation or proceeding shall be exempt from prosecution and
punishment
for the offenses with reference to which his information and testimony
were given: Provided, further, That nothing herein shall exempt
such person from criminal prosecution for perjury or false testimony.
Sec. 29. Designation
of Other Dates for Certain Pre-elections Acts. - If it should no
longer
be reasonably possible to observe the periods and dates prescribed by
law
for certain pre-election acts, the Commission shall fix other periods
and
dates in order to ensure accomplishment of the activities so voters
shall
not be deprived of their right of suffrage.
Sec. 30. Effectivity
of Regulations and Orders of the Commission. - The rules and
regulations
promulgated by the Commission shall take effect on the seventh day
after
their publication in the Official Gazette or in at least two (2) daily
newspapers of general circulation in the Philippines.
Orders and directives
issued by the Commission shall be furnished by personal delivery to all
parties concerned within forty-eight (48) hours from date of issuance
and
shall take effect immediately upon receipt thereof unless a later date
is expressly specified in such orders or directives.
Sec. 31. Repealing
Clause. - All laws, executive orders, rules and regulations, or
any
part thereof inconsistent herewith are deemed repealed or modified
accordingly.
Sec. 32. Separability
Clause. - If for any reason, any section or provision of this Act,
or any part thereof, or the application of such section, provision or
portion
is declared invalid or unconstitutional, the remainder thereof shall
not
be affected by such declaration.
Sec. 33. Effectivity.
- This Act shall take effect upon its approval.
Approved:January
5, 1988.
Back
to Top - Back
to Election Law Main Index - Back
to Home
Since 19.07.98
|