ChanRobles Virtual law Library
PHILIPPINE LAWS, STATUTES & CODES
A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
Home > Chan Robles Virtual Law Library > Philippine Laws, Statutes & Codes > :
Search for
www.chanrobles.com
Commonwealth Acts :
COMMONWEALTH ACTS
CLICK HERE FOR THE LATEST PHILIPPINE LAWS, STATUTES & CODES
ARTICLE
I Section 1. Election governed by this Code. — All elections of public officers by the people and all votings in connection with plebiscites shall be conducted in conformity with the provisions of this Code. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. Section 13. Right of suffrage incident to territorial changes. — When a territory is merged with a city, municipality, municipal district or with another province, its inhabitants acquire the right to participate in the election of public officers to the same extent as the inhabitants of the city, municipality, municipal district or province with which it has been merged. Section 14. Vacancies in the offices of President and Vice-President. —
When neither the President-elect nor the Vice-President-elect shall
have qualified, as provided in section seven, Article VII of the
Constitution, or in case of removal, death, resignation or inability,
both of the President and Vice-President, as provided in section nine,
Article VII of the Constitution, the National Assembly shall
immediately convene and elect, by a majority vote of all its Members,
the person or officer who shall act as President until the
President-elect or the Vice-President-elect shall have qualified, or
their disability has been removed, or a President has been elected. The
call for the National Assembly to convene as herein provided may be
made by the Speaker, or the Secretary of the Assembly, or by five
Assemblymen. Pending the election of an Acting President by the
National Assembly, one of the Department Heads in the order in which
they are named in the Administrative Code, shall perform the duties of
Acting President. Section 15. Section 16. Section 17. Section 18. Section 19. Section 20. ARTICLE II Section 21. Limitation upon reelection. — A third consecutive reelection to the offices of provincial governor and mayor is hereby prohibited and shall be null and void. Section 22. Section 23. Section 24. Section 25. Section 26. Section 27. Section 28. Section 29. Section 30. Section 31. Section 32. ARTICLE III Section 33. Section 34. Section 35. Section 36. Section 37. Section 38. Section 39. Section 40. Section 41. Section 42. Section 43. Section 44. Section 45. Section 46. Intoxicating liquors — Prohibited stores — Cockpits, boxing,
and races. — (a) It is unlawful to sell, furnish, offer or take
intoxicating liquors on registration days and on the two days
immediately preceding the day of the voting and during the voting and
canvass. Section 47. Section 48. Active intervention of public officers and employees. — No justice, judge, fiscal, treasurer, or assessor of any province, no officer or employee of the Army, the Constabulary or the national, provincial, municipal or rural police, and no classified civil service officer or employee shall aid any candidate, nor exert influence in any manner in any election nor take part therein, except to vote, if entitled thereto, or to preserve public peace, if he is a peace officer. Section 49. Soliciting contributions from subordinates prohibited. — Public officers and employees holding political offices or not belonging to the classified civil service, though they may take part in political and electoral activities, shall, refrain from soliciting contributions from their subordinates for partisan purposes. Section 50. ARTICLE IV Section 51. Section 52. Section 53. Publication of map of precincts. — The municipal secretary shall post in the municipal building and in the polling places and in other three conspicuous public places in each precinct maps plainly showing the boundaries of the precinct at least ten days before the first day fixed for the registration of voters of each election and keep them posted until after the election is held. Section 54. Section 55. ARTICLE V Section 56. Section 57. Section 58. Section 59. Section 60. Section 61. Section 62. Section 63. Guard rails. — (a) In every polling place there shall be a
guard rail between the voting booths and the table of the board of
inspectors 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 facing the
table of the board of inspectors. Section 64. Section 65. Section 66. Section 67. Section 68. ARTICLE VI Section 69. Section 70. Section 71. Section 72. Section 73. Section 74. Section 75. Section 76. Section 77. Section 78. Section 79. Section 80. Section 81. Section 82. Organization and functioning of the board of inspectors. — The board of inspectors shall elect one of their number as chairman of the board. In the absence of a majority for the election, the chairmanship shall be determined by drawing lots. The board may at any time replace its chairman by a majority vote and, whenever its membership is changed, a motion to that effect shall be in order. During the meetings of the board and especially during the voting and counting of the votes, not more than one member of the board shall absent himself from the polling place at a time, and in no case shall such absence be for more than twenty minutes. The board of inspectors shall act through its chairman, by the vote of the majority of its members, but the poll clerk shall have no vote in its proceedings. The board shall decide without delay all questions which may arise in the performance of its duties. Section 83. Section 84. Arrest of absent member. — The inspector or inspectors present may order the arrest of any inspector or poll clerk or substitute thereof who, in their judgment, has absented himself with the intention of obstructing the performance of the duties of the board. Section 85. Section 86. Oath of the members of the board. — The election inspectors and poll clerks, whether permanent, substitute or temporary, shall, before assuming their office, take an oath before an officer authorized to administer oaths or, in his absence, before any other member of the board present, or in case no one is present, they shall take it before any elector. The oaths shall be sent immediately to the municipal treasurer. Section 87. Section 88. Official watchers of candidates. — (a) During the
registration of voters, voting and counting of the votes, and in
general, at all meetings of the board of inspectors, the watchers
appointed by candidates shall have the right to stay in the space
reserved for them within the polling place. Every candidate for a
national or provincial office, for mayor or vice-mayor or for city
councilor, shall have the right to have a watcher in every polling
place and the candidates for councilor of a municipality or of a
municipal district of each party shall collectively have the right to
appoint a watcher. Section 89. Pay for inspectors and poll clerks and the municipal
treasurer. — Every inspector and poll clerk shall be entitled to a per
diem for every day of actual service in the meetings of the board, and
for the day of the election they shall receive two days per diem. For
his services relative to the holding of any election, the municipal
treasurer shall, in addition to his salary, receive a compensation
equal to the salary of an inspector on the day of election. The
municipal council shall fix the rate of such per diem, which shall not
be less than five pesos nor more than fifteen pesos per
day. ARTICLE VII Section 90. Section 91. Necessity of registration to be entitled to vote. — In order that a qualified elector may vote in any regular or special election, he must be registered in the permanent list of voters of the municipality or municipal district. Section 92. Section 93. Section 94. Section 95. Section 96. Section 97. Section 98. Section 99. Section 100. Meeting to close the list of voters before each election. — The board of inspectors shall also meet on the second Saturday immediately preceding the day of the regular election, or on the second day immediately preceding the day of the special election, whether it be Sunday or a legal holiday, for the purpose of making such inclusions, exclusions, and corrections as may be ordered by the courts, stating opposite every name so corrected, added, or cancelled, the date of the order and the court which issued the same, and for the consecutive numbering of the voters of the election precinct. Section 101. Re-registrations in the list. — Voters who are registered in the permanent list of a municipality need not register anew therein until the preparation of the new permanent list, unless their residence is changed to another municipality, in which case they shall have to register in the permanent list of their new residence upon previous application for cancellation of their previous registration, and except those who have been stricken out of the list their own petition or for not having voted in two successive elections, in which case they may apply for re-registration, provided they preserve the legal qualifications of a voter. Section 102. Registration in another municipality. — Any voter who desires to transfer his registration to another municipality shall file, or send by registered mail at least ten days before the first registration day, to the municipal treasurer of the municipality wherein he is registered a sworn petition in quadruplicate applying for the cancellation of his registration and giving his address at his new residence and the date on which he removed thereto. Upon receipt of the petition, the municipal treasurer shall strike out the name of the applicant from the copy of the list on file in his office and shall immediately send a copy of the petition to the proper board of inspectors, another to the register of deeds of the province and another to the Department of the Interior, 1 who shall likewise strike out the name of the applicant from the copy of the list used in the last election under their custody. Section 103. Meeting hours of the board. — The meetings of the board of inspectors for the registration of voters shall commence at seven o'clock in the morning and shall continue until seven o'clock in the evening. They may be suspended for one hour only at midday. If upon the stroke of seven o'clock in the evening there are still within a distance of thirty meters in front of the polling place persons who wish to register, the board shall hand a card signed by one of its members and consecutively numbered to each of such persons, and upon the production of such card, if they have the prescribed qualifications, the board shall register them in the list at the same meeting. Section 104. Voter's affidavit. — Every person desiring to be registered in the list of voters shall, under oath taken before the board of inspectors, sign and affix the imprint of the thumb of his right hand to a statement in triplicate, wherein his name and surname, his place of birth, age on his last birthday, civil status, profession, occupation or trade and residence, giving his correct and exact address, that he possesses the qualifications required of a voter and that he is not in any way legally disqualified from voting, shall be set forth. The board of inspectors shall require that the thumbmark appear plainly printed. Section 105. Identification of voters. — Any voter who is not known by the members of the board may be identified by any voter of the precinct, or by the production of his birth or baptismal certificate or of any identification card issued by the municipal treasurer. No fees nor documentary stamps shall be required on such documents. Section 106. Preservation of the voters' affidavits. — A copy of the affidavit of each voter shall be kept by the board of inspectors until after the election, when it shall deliver it to the municipal treasurer together with the copies of the list of voters and other election papers for use in the next election. The other copy shall be sent by the board on the day following the date of the affidavit to the office of the register of deeds. The latter shall file and preserve the voters' affidavits by municipalities and in alphabetical order of their surnames. The third copy shall be handed to the voter with a certificate that he has been registered in the list of voters. Section 107. Columns in the list of voters. — The list of voters shall be arranged in columns as follows: In the first column there shall be entered, at the time of the closing of the list before each election, a number opposite the name of each voter registered beginning with number one and continuing in consecutive order until the end of the list. In the second column, the surnames generally used by such persons shall be written in alphabetical order followed by their respective Christian names, without abbreviations of any kind. In the third column, the respective residences of such persons with the name of the street and number, or in case there be none, a brief description of the locality or place, shall be inserted. In the fourth column, there shall be put on the day of the election the numbers of the ballots which were given successively to the voter. In the fifth column, the voter shall stamp on the day of the election the mark of the thumb of his right hand and under said mark his signature. And in the sixth column, the signature of the member of the board who has handed the ballot to the voter. It will be sufficient that the fourth, fifth, and sixth columns shall be filled in the copy of the list under the custody of the member of the board who has handed the ballot to the voter. It shall be the duty of the board of inspectors to see to it that the thumb-mark is stamped plainly. Section 108. Certificates of the board in the list of voters. — Upon the adjournment of each meeting for the registration of voters, the board of inspectors shall close each alphabetical group of surnames of voters by writing the date on the next line in blank, which shall be forthwith signed by each member, and before adding a new name on the same page at the next meeting, it shall write the following: "Added at the ___________ meeting," specifying if it is the second, third or fourth meeting of the board. If the meeting adjourned is the last one for the registration of voters, the board shall, besides closing each alphabetical group of voters as above provided, add at the end of the list a certificate (a) of the corrections and cancellations made in the permanent list, specifying them, or that there has been none, and (b) of the total number of voters registered in the precinct. Section 109. Publication of the list. — At the first hour of the working day following that of the registration of voters, the poll clerks shall deliver to the municipal treasurer a copy of the list certified to by the board of inspectors as provided in the preceding section; another copy, also certified, shall be sent to the register of deeds of the province, and another, likewise certified, shall be sent to the Secretary of the Interior, in whose offices said copies shall be open to public inspection during regular office hours. On the same day and hour, the poll clerk shall also post a copy of the list in the polling place in a secure place on the door or near the same at a height of a meter and a half, while it may be conveniently consulted by the interested parties. Each member of the board shall also have a copy of the list so prepared, which may be inspected by the public in the residence or office of said member during regular office hours. Immediately after the meeting for the closing of the list, the poll clerk shall also send a notice to the officials above named regarding the changes and the numbering above referred to, to be attached to the copy of the list under their custody. Section 110. Challenge of right to register. — Any registered voter or
any person applying for registration may be challenged before the board
of inspectors on any registration day by any inspector, elector,
candidate, or watcher. The board shall then examine the challenge
person and shall receive such other evidence as it may deem pertinent
after which it shall decide whether the elector shall be included in,
or excluded from, the list as may be proper. All challenges shall be
heard and decided, without delay, and in any case, within one hour
after receiving the evidence. Section 111. Power of the board to administer oaths and issue summons. — For the purpose of determining the right of applicants to be registered as voters in the list, the boards of inspectors shall have the same powers possessed by justices of the peace to administer oaths, to issue subpoena and subpoena duces tecum, and to compel witnesses to appear and testify, but the latter's fees and the expenses incident to the process shall be paid in advance by the party in whose behalf the summons is issued. Section 112. Organization of judicial circuits. — (a) The judge of the
Court of First Instance of the judicial district shall, at least
fifteen days before the first registration day for each regular
election, divide his district, for the purposes of this Code, into
circuits composed of several municipalities in accordance with the
distance and facilities of communication between them, and he shall for
each one of them assign a justice of the peace who shall hear and
decide petitions for any voter's inclusion in or exclusion from the
list. Section 113. Jurisdiction in inclusion and exclusion cases. — (a) The
judge of the Court of First Instance and the justice of the peace of
the capital shall have concurrent jurisdiction throughout the province,
and the circuit justice of the peace shall have in the municipalities
forming his circuit concurrent jurisdiction with the former over all
matters of inclusion in and exclusion of voters from the list, but the
one to whom the application is first presented shall acquire exclusive
jurisdiction thereon, and from the decisions of the justices of the
peace an appeal shall lie to the judge of the Court of First Instance
within five days from the receipt of the notice by the parties.
However, if the judge of the Court of First Instance is in the
province, the proceedings shall, upon petition of any interested party
filed before the presentation of evidence, be remanded to the said
judge who shall hear and decide the same in the first and last instance. Section 114. Application for inclusion of voters in the list. — Any person whom the board of inspectors has refused to register or whose name has been stricken out from the list may apply, within twenty days after the last registration day, to the circuit justice of the peace, to the justice of the peace of the capital, or to the judge of the Court of First Instance of the province, for an order directing the board of inspectors to include or reinstate his name in the list, together with the certificate of the board of inspectors regarding his case and proof of service of notice of his application upon a member of the board of inspectors, with indication of the time, place, and court before which the application is to be heard. Section 115. Voters excluded through inadvertence or registered with an erroneous or misspelled name. — Any voter registered in the permanent list, who has not been included in the list prepared for the next election or who has been included therein with a wrong or misspelled name, shall have the right to file an application on any date with the justice of the peace of the municipality, or with that of the capital or with the judge of the Court of First Instance, for an order directing that his name be reinstated in the list or that he be registered with his correct name. He shall attach to such application a certified copy of the entry of his name in the list for the preceding election, together with proof that he has applied without success to the board of inspectors and that he has served notice thereof upon a member of the board. Section 116. Application for exclusion of voters from the list. — Any registered voter in the municipality and any watcher or candidate may apply, within twenty days next following the last registration day, to the judge of the Court of First Instance, the justice of the peace of the capital, or the circuit justice of the peace, for the exclusion of a voter from the list, giving the name and the residence of the latter, the election precinct in which he is registered, and the grounds for the challenge. The application shall be sworn to and accompanied by proof of notice to a member of the board of inspectors and to the challenged voter. Section 117. Questions as to right of voter to be registered for special elections. — On the registration day for a special election and on any of the following five working days any voter's inclusion in, or exclusion from, the list may be requested upon application therefor filed with the judge of the Court of First Instance, or in his absence, with the justice of the peace of the capital, in conformity with the general procedure prescribed for such cases, and with such previous notice as may be practicable or may be required in the discretion of the judge, the latter shall decide the case as the law may warrant, within ten days following the day of the filing and in no case shall the decision be rendered after the second day next prior to the election. Section 118. Common rules governing judicial proceedings in the matter
of inclusion, exclusion, and correction of names of voters. — (a)
Outside the regular office hours no application for inclusion,
exclusion, or correction of names of voters shall be received. ARTICLE VIII Section 119. Official ballots. — Uniform official ballots shall be provided at public expense for each election. Said ballots shall be of white paper in the shape of a strip one hundred and twenty millimeters wide and two hundred and forty millimeters long, exclusive of the stub and the coupon containing the detachable number of the ballot, and shall bear at the top the coat of arms of the Commonwealth, the words "Official Ballot," the name of the municipality and province in which the election is held, the date of the election, and the following notice in eight point gothic type: "Fill out this ballot secretly inside the booth. Do not write anything nor put any distinctive mark thereon but the names of the candidates you vote for. Any violation of this instruction will invalidate your vote." On the body of the ballot shall be printed on the left margin the title of each one of the offices to be voted for in twelve point gothic type, followed by a black line for the name of the candidate for whom the voter desires to vote, and if more than one is to be elected, the corresponding number of blank lines consecutively numbered, immediately below the title of the office. There shall not be anything on its reverse side. There shall be in the coupon a space for the thumbmark of the voter. Section 120. Manner of folding the ballots. — The ballots shall be folded twice toward the bottom, so that they shall, when folded, be sixty by one hundred and twenty millimeters, with the entire coupon and its detachable number visible. Section 121. Arrangement of the official ballots. — The official ballots shall be bound in books of one hundred ballots each. Each ballot shall be joined by a perforated line to a stub numbered consecutively beginning with number one in each municipality. The ballot shall also have at its bottom a detachable coupon bearing the same number as the stub. Each book of ballots shall bear on its cover the name of the municipality in which the ballots are to be used and the numbers of the ballots contained therein, and shall be numbered consecutively from number one in each municipality. The Director of Printing, the provincial treasurer and the municipal treasurer shall respectively keep a record of the ballots furnished to the various provinces, cities, municipalities, municipal districts, and election precincts. Section 122. Emergency ballots. — No ballots other than the official ballots shall be used or counted, except in the event of failure to receive the ballots on time, or there are not sufficient ballots for all registered voters, or they are destroyed at such time as shall render it impossible to provide other ballots, in which cases the provincial board, or if there be no time therefor, the municipal treasurer shall procure from any available source another set which shall be as nearly like the official ones as circumstances will permit and which shall be uniform within each precinct. Section 123. Sample ballots. — Boards of election inspectors shall be furnished with at least thirty sample ballots, in all respects like the official ballots, but printed on colored paper, to be shown to the public and used in demonstrating how to fill out and fold the official ballots properly. No name of any actual candidate shall be written on sample ballots nor shall they be used for voting nor shall they be counted. Section 124. Requisition for official ballots. — (a) Ballots shall be
furnished by the Director of Printing at the expense of the
municipality upon requisition therefor by the provincial treasurer in
the usual form. The requisition shall be for each municipality, at the
rate of one and one-half ballot for every person registered in the list
in the last preceding election. The requisition shall specify what
offices are to be filled in each municipality. ARTICLE IX Section 125. Voting hours. — The casting of votes shall commence at seven o'clock in the morning and shall stop at six o'clock in the afternoon, except when there are voters present within thirty meters in front of the polling place who have not yet cast their votes, in which case the board of inspectors shall hand to each one a card numbered consecutively and signed by one of its members, and upon the presentation of such card, the voter shall be allowed to vote after six o'clock in the afternoon. No card shall be given out before the board of inspectors has prepared a complete list of voters who have the right to receive cards. The names of the voters shall be consecutively numbered in said list. No card shall be given out to any voter arriving after said hour nor shall he be permitted to vote. Section 126. Preliminaries to the voting. — The board of inspectors shall meet at the polling place one-half hour before the time fixed for the commencement of the voting and shall have four copies of the list of voters of the precinct, one under the care of each member who shall sign on its cover, the collection of the affidavits of the voters of the precinct, alphabetically arranged by the surnames, the box for valid ballots, the box for spoiled ballots, the official ballots, sufficient quantity of pencils for the use of the voters, the forms to be used during the day, and all other materials which may be necessary. Immediately thereafter, the chairman shall open the ballot boxes one after the other, shall empty them and exhibit them to all those present, and, being empty, shall lock each box with three keys which shall remain so locked until the voting is finished and the counting begins. However, if it should become necessary to make room for more ballots, the chairman may open the box for valid ballots in the presence of the whole board and the watchers, and with his hands press down the ballots contained therein without removing any of them; after which the board shall close the box and lock it with its three keys as hereinbefore provided. Section 127. Persons allowed in and around the polling place. — During the voting, no person shall be allowed within the polling place except the members of the board of inspectors and their substitutes, the watchers, the deputy supervisors of the Department of the Interior, 1 the voters casting their votes, the voters waiting for their turn to get inside the booths, whose number shall not exceed at a time twice the number of booths, the voters who are waiting for their turn to cast their votes, whose number shall not exceed forty at any one time, and the peace officers in the service of the board for the preservation of order. 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 board or to mingle and talk within the polling place with the voters who have not yet voted. Section 128. Order of voting. — The voters shall have the right to vote in the order of their entrance into the polling place. The voters shall have the right to freely enter the polling place as soon as they arrive except when inside the polling place there are more than forty voters waiting, in which case they have the right to enter in the order of their arrival as those who are inside go out, which the latter shall immediately do after having cast their votes. Section 129. Manner of obtaining ballot. — The voter shall approach one of the inspectors or the poll clerk and shall give him his name and address together with other data concerning his person which appear in the registry list and which may be asked of him by any member of the board of inspectors. Said inspector or poll clerk shall then distinctly announce the voter's name in a clear manner and in a tone loud enough to be plainly heard throughout the polling place. If such person is entitled to vote and has not been challenged or if, having been challenged, the question has been decided in his favor, said inspector or poll clerk shall deliver to him a ballot correctly folded. The latter shall not deliver the ballot to the voter without first entering its number in the corresponding column of the registry list. No person other than the inspectors or the poll clerk shall deliver official ballots nor shall more than one ballot be delivered at one time. Section 130. Manner of preparing the ballot. — The voter, on receiving his ballot, shall forthwith retire 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 person for whom he desires to vote. No voter shall be allowed to enter a booth occupied by another voter nor enter the same accompanied by somebody, nor stay therein for more than five minutes in case there are other voters who are waiting for their turn to vote, or speak with anyone other than as herein provided while within the polling place. It shall be unlawful to prepare the ballot outside the voting booth or to exhibit its contents to any person before it is placed in the ballot box, or to erase any printing from the ballot, or to intentionally tear or deface the same or to put thereon any distinctive 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 of identifying the vote of the voter. Section 131. Disposition of spoiled ballots. — If a voter shall soil or deface a ballot in such a way that it cannot lawfully be used, he shall surrender it folded to the inspector or poll clerk from whom he received it, who shall give him another one not exceeding two successively. Each ballot given to a voter shall be announced in the polling place and the inspector or poll clerk who has given it shall record the fact of its delivery in his copy of the registry list. The spoiled ballot shall be distinctly marked without unfolding it with the word "spoiled" on the indorsement fold thereof and immediately placed in the box for spoiled ballots. Section 132. Casting of vote. — After his ballot is filled, the voter shall stamp his thumb-mark on the coupon and deliver the folded ballot to the inspector or poll clerk from whom he received it, and the latter, without seeing nor exposing its contents, in the presence and view of the voter, shall verify and remove its number, shall deposit the ballot in the box for valid ballots, and shall place the number in the box for spoiled ballots. The voter shall forthwith affix his signature and the imprint of the thumb of his right hand in the copy of the registry list of the inspector or poll clerk who gave him the ballot, in the column intended for that purpose, and the inspector or poll clerk shall in turn sign by the side of said thumb-mark. The voter shall then depart. At the time of casting a vote, any ballot whose detachable coupon has been removed not in the presence of the board and of the voter, or whose number does not coincide with the number of the ballot delivered to the voter, as entered in the registry list, shall be considered as spoiled. Section 133. Challenge of illegal voter. — (a) Any voter or watcher may
challenge any person offering to vote for not being registered in the
list, or for using the name of another. In such case the board shall
take the oath of the challenged person or shall otherwise satisfy
itself as to whether or not the ground of the challenge is true. Section 134. Challenge based on ground of corrupt practices. — Any voter, candidate, or watcher may on the ground of corrupt practices in connection with the election challenge any voter offering to vote. In such case, the challenged person shall take oath before the board that he has not received, nor expects to receive, nor has paid, offered or promised to pay, that he has not contributed, offered or promised to contribute money or anything of value, in consideration of his vote or for the vote of another; that he has not made nor received any promise to influence the giving or withholding of any such vote, and that he has not made any bet nor is interested directly or indirectly in any bet which depends upon the result of the election. Upon the taking of such oath by the challenged person, the challenge shall be dismissed; but in case of his refusal to take such oath, the challenge shall be sustained and his vote rejected. Section 135. 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 136. Record of challenges and oaths. — The poll clerk shall keep a record of the challenges and the oaths taken in connection therewith as well as of the resolutions of the board in each case, and, upon the termination of the voting, shall certify that it contains all the challenges made. Section 137. Minutes of voting. — After the voting the board of inspectors shall prepare and sign a statement setting forth the time in which the voting commenced and ended, the number of the official ballots received, how many of them were used and how were left unused, the number of voters who cast their votes, how many were challenged during the voting, how many watchers were present, and how many protests were made by the watchers, and shall attach to the copy of the statement to be delivered to the municipal treasurer the record of the challenges of voters and the list of watchers and the record of their protests. Section 138. Prohibition of premature announcement of results of voting.
— No member of the board of inspectors shall, before the termination of
the voting, make any statement as to how may voted or how many 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 a witness
before a court, as to how many person voted. ARTICLE X Section 139. Counting to be public and without interruption. — As soon as the voting is finished, the board of inspectors shall publicly count the votes cast in the precinct and ascertain the result. The board shall not adjourn or postpone or delay the count until it shall be fully completed. Section 140. Excess ballots. — Before proceeding to count the votes the board of inspectors shall count the ballots found in the box 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, shall be thoroughly mingled therein and one of the inspectors designated by the board, without seeing the ballots and with his back to the box, shall publicly draw out as many ballots as may be equal to such excess and without unfolding them place them in a package which shall be marked "EXCESS BALLOTS" and which shall be sealed and signed by the members of the board, which package shall be replaced in the box with the other ballots and their contents shall not be read in the counting of votes. If in the course of this examination, any ballots shall be found folded together in such manner that they must have been so folded before they were deposited in the box, they shall be placed in the package for excess ballots hereinbefore mentioned. In case ballots with their detachable numbers is found in the box, such numbers shall be removed and deposited in the box for spoiled ballots, and if ballots with the words "spoiled" be found in the box, such ballots shall likewise be placed in the box for spoiled ballots. Section 141. Marked ballots. — The board shall forthwith proceed to unfold the ballots and see whether there are marked ballots and if any such be found, they shall be placed in a package labeled "MARKED BALLOTS" and which shall be sealed and signed by the members of the board and deposited in the box. In no case shall marked ballots be counted, and a majority vote of the board shall be sufficient to determine whether any ballot is marked or not. Non-official ballots which the board may find, except those which have been used as emergency ballots, shall be counted as marked ballots. Section 142. Box for spoiled ballots. — The ballots deposited in the red box shall be presumed to be spoiled ballots, whether or not they contain such notation, but if the board of inspectors should find that during the voting any valid ballot has by mistake been placed in the box, or any ballot separated as "excess" or "marked" has been erroneously placed therein and not in the proper package, the board shall open the red box after the voting and before the counting of votes, and only then, for the only purpose of drawing them out, and shall prepare and sign a statement of such fact and lock the box with its three keys immediately thereafter. The valid ballot so withdrawn shall be mixed with the other valid ballots and the excess and marked ballots which may be found shall be placed in the respective packages for such ballots for which purpose such packages shall be opened and again labeled, sealed, signed and kept as hereinbefore provided. Section 143. Manner of counting votes. — The counting of votes shall be made in the following manner: The board shall form piles of one hundred ballots each, fully extended, which shall be held together with rubber bands, with cardboards of the size of the ballots to serve as folders. The chairman of the board shall take the ballots of the first pile one by one and read, jointly with the other inspector belonging to the party opposed to his, the names of the persons voted for each office 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 other inspector shall record on the tally sheet, as the names voted for each office are read, the number of votes received by each candidate, each time by means of a vertical line, except every fifth vote of the same candidate which shall be noted with a diagonal line. The poll clerk shall do likewise on the blackboard. After finishing the first pile of ballots, the board shall make partial additions of the votes, which shall be noted on the tally sheet and on the blackboard, and in case of discrepancy such recount as may be necessary shall be made. Thereafter the same procedure shall be followed with the second pile of ballots and so on successively. After all the votes of the precinct have been counted, the board shall ascertain their total sums which shall be likewise recorded on the tally sheet and on the blackboard; it shall pack each group of ballots and place them in an envelope prepared for such purpose, which shall be closed, sealed, signed, and deposited in the box. The tally sheets on which the votes have been recorded and wherein the partial and total sums have been made shall not be changed nor destroyed and shall be kept in the box with the ballots. Section 144. Rules for the appreciation of ballots. — In the reading and
appreciation of ballots the following rules shall be observed: Section 145. Statement of the count. — Immediately after the count, the board of inspectors shall make, complete and sign a written statement thereof in quadruplicate. The statement shall show the date of the election, the name of the municipality and the number of the election precinct in which it was held, the total number of ballots found within the box for valid ballots, the total number of ballots withdrawn from the box for spoiled ballots because they were erroneously introduced therein, the total number of excess ballots, the total number of rejected ballots and the number of votes polled by each candidate, writing out the said number in figures, and at the end thereof, the board shall make a certificate signed by all its members present that the contents of the statement are correct. Every copy of these statements shall consist of a single sheet of paper and if this is not possible, each sheet thereof shall be signed on its margin by all the inspectors. Section 146. Proclamation of the result of the election in the polling place. — Upon the completion of the statements of the election returns in the precinct, the chairman of the board of inspectors shall orally and publicly announce the total number of votes polled in the said election in the said precinct by each one of the candidates, naming them for each one of the offices. Section 147. Distribution of the statements. — Immediately after the announcement of the result of the election in the polling place, the board shall place one of the copies of the statement in the box for valid ballots, deliver one to the municipal treasurer, and another copy by registered mail to the provincial treasurer and another, likewise by registered mail, to the Secretary of the Interior. 1 It shall at the same time and in like manner distribute the copies of the statement made after the voting. The municipal treasurer and the postmaster shall have an agent or representative in the polling place to receive the statements of the board therein, and the representative of the provincial commander assigned to receive the keys of the ballot boxes may act for such purpose. Section 148. Certificate of the number of votes polled by the candidates for an office. — After the publication of the result of the election and before leaving the polling place, it shall be the duty of the board of inspectors to issue a certificate of the number of the votes received by a candidate, or by the opposing candidates for a national or provincial office, for city councilor, or for mayor or vice-mayor, to the watchers who may request them. All the members of the board shall sign the certificate. Section 149. Alterations in the statement. — After the announcement of the result of the election in the polling place, the board of inspectors shall not make any alteration or amendment in any of its statements, unless it is so ordered by a competent court. Section 150. Delivery of the ballot boxes and election documents to the municipal treasurer. — (a) Upon the termination of the counting of votes, the board of inspectors shall place in the box for valid ballots the packages of ballots hereinbefore referred to, the unused ballots, the tally sheets, a copy of the statements of the voting and of the count, and the minutes of its proceedings, shall lock the box with its keys and immediately deliver it to the municipal treasurer, and for this purpose, said official shall keep his office open all night on the day of the election, if necessary, and shall provide the necessary facilities therefor at the expense of the municipality. The box for spoiled ballots, likewise locked, shall be delivered in the same manner to the municipal treasurer. The voters' affidavits, the applications for cancellation of registration in the registry list, the four copies of the registry list and the other papers and documents of the board of inspectors shall likewise be delivered at the same time to the municipal treasurer. Section 151. Duty of the municipal treasurer to require the return of
election materials. — The municipal treasurer shall, on the day after
the election, require the members of the board who have failed to send
the objects referred to in the preceding section to deliver the same to
him immediately. Section 152. Preservation of the boxes and disposition of their
contents. — The municipal treasurer shall keep the boxes unopened in
his possession in a secure place and under his responsibility for three
months, unless they are the subject of an official investigation or a
competent court shall demand them sooner, or the competent authority
shall order their preservation for a longer time in connection with any
pending contest or investigation. Upon the lapse of said time and if
there should be no order to the contrary, the municipal treasurer
shall, in the presence of the mayor and two councilors, open the boxes
and burn their contents except the copy of the statements of the voting
and of the counting of votes deposited therein, which he shall take and
keep, and except the unused ballots or in blank which, together with
the unused election forms which may be in his possession, he shall send
to the Director of Printing for future uses, or to be made into scratch
pads for use by the National Government or by the provinces or
municipalities which may requisition for them, at cost
price. ARTICLE XI 1. ELECTION FOR NATIONAL AND PROVINCIAL OFFICERS Section 153. Provincial board of canvassers. — The provincial board of canvassers shall be composed of the provincial governor, the members of the provincial board, the provincial treasurer, the provincial auditor and the provincial fiscal. In Manila and other chartered cities it shall be composed of the mayor, the municipal board and the city fiscal. Section 154. Incapacity and substitution of provincial canvassers. — In cases of absence or incapacity for any cause of the members of the provincial board of canvassers, the Secretary of the Interior may appoint as substitutes the superintendent of schools, the district engineer, the district health officer, the register of deeds, the clerk of the Court of First Instance, or the justice of the peace of the capital. Section 155. Section 156. When statements are missing. — In case some statements are missing, the board shall, by messenger or otherwise, obtain such missing statements, and the fiscal shall forthwith institute criminal proceedings against the person or persons who may be criminally responsible for such delay. Section 157. Material defects in form of the statements. — If it should clearly appear that some requisite in form has been omitted in the statements, the board shall return them by messenger or by another more expeditious means, to the corresponding boards of inspectors for correction. Said statements, however, shall not be returned for a recount of the ballots or for any alteration of the number of votes set forth therein. Section 158. When statements of a precinct are contradictory. — In case it appears to the provincial board of canvassers that another or other authentic copies of the statement from an election precinct submitted to the board gives to a candidate a different number of votes and the difference affects the result of the election, the Court of First Instance of the province, upon motion of the board, or of any candidate affected, may proceed to the recount of the votes of the precinct for the only purpose of determining which is the true statement or which is the true result of the count of the votes in said precinct for the office in question. Notice of such proceedings shall be given to all candidates affected. Section 159. Distribution of the statements. — The statements of the result of the election for national and provincial offices shall be made in quadruplicate and signed by the members of the provincial board of canvassers present and sealed with the seal of the provincial government. A copy of the statement shall be filed by the provincial treasurer in his office, another sent immediately to the Secretary of the Interior, another to the National Assembly, and another to the candidate elected. Section 160. Elections resulting in tie. — Whenever in any election for
Member of the National Assembly or for provincial or city officials it
shall appear from the canvass that two or more candidates have received
the same largest number of votes, the corresponding board of
canvassers, after recording this fact in the corresponding statement,
shall, upon ten days' notice to all the tied candidates so that they
may be present if they so desire, hold another public meeting at which
it shall proceed to the drawing of lots of the candidates who have tied
and shall proclaim as elected that 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 statement of the procedure followed in
the drawing of lots, of its result and of the subsequent proclamation.
Certified copies of said statement shall be sent to the National
Assembly, to the Department of the Interior, 1 and to each one of the
tied candidates. Section 161. Municipal board of canvassers. — (a) The municipal council
shall constitute the municipal board of canvassers excluding those who
were candidates, who shall be replaced by the Secretary of the Interior
1 with voters of the same party. Section 162. Canvass of the election of municipal offices. — The municipal board of canvassers shall meet immediately after the election. The municipal treasurer shall produce before it the statements of election from the election precincts filed with him, and the board shall count the votes cast for each municipal office and proclaim as elected for said offices those who have polled the largest number of votes and have filed their certificates of candidacy, in the same manner as hereinbefore provided for the provincial board, and to that end it shall have the same powers including that of resorting to the court in the case of contradictory statements. The municipal board of canvassers shall not recount the ballots nor examine any of them, but shall proceed upon the statements presented to it. In case of contradictions or discrepancies between the copies of the same statements, the procedure provided in section one hundred and fifty-seven of this Code shall be followed. Section 163. Statement of municipal canvass. — Immediately after the completion of the canvass, the municipal board of canvasser shall make a statement in quadruplicate of the result, which statement shall be signed by the members of the board present; a copy of the same shall be filed with the office of the municipal secretary, one with that of the municipal treasurer, one with that of the provincial treasurer, and one with that of the Secretary of the Interior. 1 Section 164. Tie. — In case of tie in any municipal office, lots shall be drawn between the tied candidates in the same meeting of the board of canvassers and under its direction, and the one favored by luck shall be proclaimed elected; this procedure shall be recorded in a statement. Section 165. Assumption of office. — Every candidate for a municipal
office proclaimed elected by the municipal board of canvassers shall
assume office, notwithstanding the pendency in the courts of any
contest against his election, without prejudice to the final decision
thereof. ARTICLE XII Section 166. Contest for disloyalty of the candidate elected. — Any elector may contest the election of a provincial or municipal officer elect on the ground of disloyalty to the Commonwealth. The contest shall be filed with the Solicitor General within the week following the proclamation of the election of the contestee. The contest shall be investigated by the Solicitor General immediately, giving ample opportunity to the parties to present their evidence and shall submit a report of the result, accompanied with the evidence submitted to him, to the President, who shall decide the case as soon as possible, and his decision shall be final. Should the President decide that the contest is well founded, he shall not confirm the election of the official elect and shall declare the office vacant. Section 167. Procedure against an ineligible person. — When a person who is not eligible is elected to a provincial or municipal office, his right to the office may be contested by any registered candidate for the same office before the Court of First Instance of the province within one week after the proclamation of his election, by filing a petition for quo warranto. The case shall be conducted in accordance with the usual procedure and shall be decided within thirty days from the filing of the complaint. Section 168. Contested elections for provincial and municipal offices. — A contest against the election of a provincial or municipal officer elect shall be filed with the Court of First Instance of the province by any candidate voted for in said election and who has presented a certificate of candidacy, within two weeks after the proclamation of the result of the election. Each contest shall refer exclusively to one office except contests for the offices of vice-mayor and councilor which may be consolidated in a single case. Section 169. Judicial counting of votes in contested elections. — Upon the petition of any interested party, or motu proprio, if the interests of justice so require, the court shall immediately order that the copies of the registry lists, the ballot boxes, the election statements, the voters' affidavits, and the other documents used in the election be produced before it and that the ballots be examined and the votes recounted, and for such purpose it may appoint such officers as it may deem necessary and shall fix their compensation at not less than five pesos nor more than fifteen pesos for each of them for each election precinct which they may completely revise and report upon. Section 170. Procedure. — (a) Notice of the contest against the election
of a candidate shall be served upon him by means of a summons at the
post-office address stated in his certificate of candidacy, except when
the contestee, without waiting for the summons, has made the court
understand that he has been notified of the contest, or has filed his
answer thereto. Section 171. Decision of the contest. — The court shall decide the contest within six months after it is presented in case of a municipal office, and within one year in case of a provincial office, and shall declare which among the parties has been elected, or in the proper case that none of them has been legally elected. The party who in the judgment has been declared elected shall have the right to assume office as soon as the judgment becomes final. Section 172. Appeal from the decision in election contests. — From final decision rendered by the Court of First Instance in contest against the eligibility or the election of provincial governors, members of the provincial board, city councilors, and mayors, the aggrieved party may appeal to the Court of Appeals or to the Supreme Court, as the case may be, within the period of five days after being notified of the decision, for its revision, correction, annulment, or confirmation, and the appeal shall be conducted as if it were in a criminal case. Such appeal shall be decided within three months after the filing of the case in the office of the clerk of the court to which the appeal has been taken. Section 173. Preferential disposition of contests. — The court of first instance and the appellate courts, in the respective cases, shall give preference to election contests over all other cases except those of habeas corpus and shall hear and decide them without delay, within the time limits fixed by law, whether they are holding regular sessions or not. Section 174. Bond or cash deposit. — Before the court shall take cognizance of a contest or a counter-contest or admit an appeal, the party who has filed the pleading or interposed the appeal shall file a bond with two sureties satisfactory to the court and for such amount as it may fix to answer for the payment of all expenses and costs incidental to said motion or appeal, or shall deposit with the court cash in lieu of the bond, or both as the court may order. The court in which the contest is pending shall for good reasons order from time to time that the amount of the bond or cash deposit be increased or decreased, or order the disposition of such deposit as the course of the contest may require. In case the party who has paid the expenses and costs wins, the court shall assess, levy and collect the same as costs from the losing party. Section 175. Notice to the Secretary of the Interior 1. — The clerk of the court wherein an election contest has been instituted and that of the court to which an appeal in said proceedings has been taken shall give to the Secretary of the Interior immediate notice thereof as well as of its final disposition. If the decision be that none of the parties has been legally elected, he shall certify such decision to the Secretary of the Interior in the case of a provincial office, and in the case of municipal office to the Secretary of the Interior and to the provincial board. Section 176. Contests before the Electoral Commission. — In contests
under its jurisdiction, the Electoral Commission shall have and
exercise the same powers which the law confers upon the courts
including that of summarily punishing contempts, ordering the taking of
depositions, the arrest of witnesses for the purpose of compelling
their appearance and the production of documents and other evidence,
the compulsory payment of costs and expenses which it may have assessed
against the parties and their bondsmen, of giving notices of its
decisions, resolutions, and orders, and enforcing them through the
officials charged with the enforcement of judicial orders, and of
making the necessary rules for the effective performance of its
constitutional functions. All the expenses of the Electoral Commission
and of its members shall be paid from the funds of the National
Assembly and its telegrams and correspondence shall be transmitted free
of charge. ARTICLE XIII Section 177. Election offenses and their classification. — Malicious violation of any of the provisions of sections eleven, twelve, twenty-four, thirty-four, thirty-five, thirty-six, thirty-seven, thirty-eight, forty-one, forty-two, forty-three, forty-four, forty-five, forty-nine sixty-four, seventy-four, seventy-seven, seventy-eight, seventy-nine, eighty-seven, eighty-eight, ninety-two, ninety-three, ninety-four, ninety-five, ninety-six, ninety-seven, ninety-eight, ninety-nine, one hundred, one hundred and two, one hundred and three, one hundred and four, one hundred and twenty-five, one hundred and twenty-six, one hundred and twenty-seven, one hundred and twenty-eight, one hundred and twenty-nine, one hundred and thirty, one hundred and thirty-one, one hundred and thirty-two, one hundred and thirty-three, one hundred and thirty-four, one hundred and thirty-seven, one hundred and thirty-eight, one hundred and thirty-nine, one hundred and forty, one hundred and forty-one, one hundred and forty-two, one hundred and forty-three, one hundred and forty-four, one hundred and forty-five, one hundred and forty-six, one hundred and forty-seven, one hundred and forty-eight, one hundred and forty-nine, one hundred and fifty, one hundred and fifty-one, one hundred and fifty-two, one hundred and fifty-five, one hundred and fifty-six, one hundred and fifty-nine, one hundred and sixty, one hundred and sixty-two, one hundred and sixty-three, and one hundred and sixty-four shall be a serious election offense; and that of any of the provisions of sections seventeen, eighteen, thirty-one, forty-six, forty-seven, forty-eight, fifty-one, fifty-two, fifty-three, fifty-four, fifty-five, fifty-six, fifty-seven, fifty-eight, fifty-nine, sixty, sixty-one, sixty-two, sixty-three, sixty-five, sixty-six, sixty-eight, sixty-nine, seventy, seventy-one, seventy-two, seventy-three, eighty, eighty-two, eighty-six, ninety-one, one hundred and six, one hundred and seven, one hundred and eight, one hundred and nine, one hundred and twelve, one hundred and eighteen, one hundred and nineteen, one hundred and twenty-one, one hundred and twenty-two, one hundred and thirty-six, and one hundred and seventy-five shall be less serious. Section 178. Persons criminally responsible. — The principals, accomplices, and accessories shall be criminally responsible for election offenses and for any attempt to commit the same. If the one responsible be an entity, its president or chief, 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 responsible, in addition to the responsibility of such entity. Section 179. Penalties. — Any one found guilty of a serious election offense shall be punished with imprisonment of not less than one year and one day nor more than five years, and any one guilty of a less serious election offense, with imprisonment of not less than one month nor more than one year. In both cases the guilty party shall be further sentenced to suffer disqualification to hold a public office and deprivation of the right of suffrage for not less than one year nor more than nine years, and to pay the costs, and if he were a foreigner, he shall be at the same time sentenced to deportation for not less than three years nor more than nine years, which shall be enforced after the prison term has been served. If the guilty party be an entity, the penalty shall be a fine of not less than one thousand and five hundred pesos nor more than one hundred thousand pesos, which shall be imposed upon such entity after a criminal action has been instituted against the same in which its legal representative shall be summoned by means of notice or by publication. Section 180. Common crimes. — Acts and omissions relative to elections not punishable under this Code which constitute common crimes shall be punished as provided in the penal laws applicable thereto. Section 181. Jurisdiction of Courts of First Instance. — The Courts of First Instance shall have exclusive original jurisdiction to make preliminary investigations, issue warrants of arrest and try and decide any criminal action or proceeding for violation of this Code. From their decisions an appeal shall lie as in other criminal cases. Section 182. Prescription. — Election offenses shall prescribe after two
years from the date of their commission, but if the discovery of such
offenses be made in election contest proceedings, the period of
prescription shall commence on the date on which the judgment in such
proceedings becomes final. ARTICLE XIV Section 183. Forms. — The forms appearing in the attached appendix may be used, and shall be sufficient for the observance of the provisions of this code. Section 184. Repeal of laws. — Section s one hundred and three, three hundred and ninety-two to four hundred and eighty-three, two thousand seventy-four to two thousand seventy-six, two thousand one hundred and sixty-three, two thousand one hundred and seventy-two, two thousand one hundred and seventy-three, two thousand one hundred and seventy-seven, two thousand one hundred and eighty, the second paragraph of two thousand four hundred and forty, two thousand five hundred and forty-nine and two thousand six hundred and thirty-six to two thousand six hundred and sixty and one-half of the Administrative Code, as amended, and all other laws and parts of laws which may be in conflict with the provisions of the present Code, are repealed. Section 185. Pending actions. — Pending actions and causes of action which arose before this Code becomes effective shall be governed by the previous laws. Section 186. Effectiveness of this Code. — This Code shall take effect
upon its approval, except the prohibition relative to gratuitous
transportation and food as provided in section forty-five, which shall
not be enforced on the day of the voting during the elections which may
be held before the year nineteen hundred and thirty-nine. |
Since 19.07.98.