ELECTION
LAWSOF
THE PHILIPPINESFull TextSponsored
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This web
page
contains the full text ofRepublic
Act No. 7166November
26, 1991
AN
ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND LOCAL ELECTIONSAND
FOR ELECTORAL REFORMS, AUTHORIZING APPROPRIATIONS THEREFOR,AND
FOR OTHER PURPOSES
REPUBLIC ACT NO.
7166
November
26, 1991
AN
ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS AND FOR
ELECTORAL
REFORMS, AUTHORIZING APPROPRIATIONS THEREFOR, AND FOR OTHER PURPOSES.
Section
1. Statement of Policy. - It is the policy of the State to
synchronize
elections so that there shall be simultaneous regular elections for
national
and local officials once every three (3) years.
Sec. 2.
Date of Elections. - In accordance with the policy hereinbefore
stated, there shall be an election for President, Vice-President,
twenty-four
(24) Senators, all elective Members of the House of Representatives,
and
all elective provincial, city and municipal officials on the second
Monday
of May, 1992. Thereafter, the President and Vice-President shall be
elected
on the same day every six (6) years; while the Senators, elective
Members
of the House of Representatives and all elective provincial, city and
municipal
officials shall be elected on the same day every three (3) years,
except
that with respect to Senators, only twelve (12) shall be elected.
Sec. 3.
Election of Members of the Sangguniang Panlalawigan, Sanggunian
Panlungsod
and Sangguniang Bayan. - The elective members of the Sangguniang
Panlalawigan,
Sangguniang Panlungsod and Sangguniang Bayan shall be elected as
follows:
(a)
For
provinces with two (2) or more legislative districts, the elective
members
of the Sangguniang Panlalawigan shall be elected by legislative
districts.
For this purpose, the number of seats shall be apportioned equitably:
Provided,
That, if equal division is not possible, the remaining member or
members
shall be elected in the district or districts with the greater number
of
population or, if they be the same, with the greater number of voters:
Provided further, That, if a legislative district includes a city that
does not vote in the election of provincial officials, the Commission
on
Elections, hereinafter referred to as the Commission, shall allocate
the
number of seats among the districts in proportion to the population of
the constituencies voting for the Sangguniang Panlalawigan;
(b)
For
provinces with only one (1) legislative district, the Commission shall
divide them into two (2) districts for purposes of electing the members
of the Sangguniang Panlalawigan, as nearly as practicable according to
the number of inhabitants, each district comprising a compact,
contiguous
and adjacent territory, and the number of seats of elective members of
their respective sanggunian shall be equitably apportioned between the
districts in accordance with the immediately preceding paragraph;
(c)
The
number and election of elective members of the Sangguniang Panlungsod
and
Sangguniang Bayan in the Metro Manila Area, City of Cebu, City of Davao
and any other city with two (2) or more legislative districts shall
continue
to be governed by the provisions of Sections 2 and 3 of Republic Act
No.
6636: Provided, That, the Municipalities of Malabon, Navotas, San Juan,
Mandaluyong, Muntinlupa, Las Piñas and Taguig shall have twelve
(12) councilors, and Pateros, ten (10): Provided, further, That, the
Commission
shall divide each of the municipalities in Metro Manila Area into two
(2)
districts by barangay for purposes of representation in the Sangguniang
Bayan as nearly as practicable according to the number of inhabitants,
each comprising a compact, contiguous and adjacent territory; and
(d)
For
purposes of the regular elections on May 11, 1992, elective members of
the Sangguniang Panlungsod and Sangguniang Bayan shall be elected a
large
in accordance with existing laws. However, beginning with the regular
elections
in 1995, they shall be elected by district.
The Commission
shall promulgate rules and regulations to effective provide for the
election
of sectoral representatives in the implementation of the Local
Government
Code.
Sec. 4.
Postponement, Failure of Election and Special Elections. - The
postponement,
declaration of failure of election and the calling of special elections
as provided in Sections 5, 6 and 7 of the Omnibus Election Code shall
be
decided by the Commission sitting en banc by a majority vote of its
members.
The causes for the declaration of a failure of election may occur
before
or after the casting of votes or on the day of the election.
In case
a permanent vacancy shall occur in the Senate or House of
Representatives
at least one (1) year before the expiration of the term, the Commission
shall call and hold a special election to fill the vacancy not earlier
than sixty (60) days nor longer than ninety (90) days after the
occurrence
of the vacancy. However, in case of such vacancy in the Senate, the
special
election shall be held simultaneously with the succeeding regular
election.
Sec. 5.
Election and Campaign Period. - Unless otherwise fixed by the
Commission,
the election period for the May 11, 1992 regular elections shall
commence
ninety (90) days before the day of the election and shall end thirty
(30)
days thereafter.
The campaign
periods are hereby fixed as follows:
(a)
For
President, Vice-President and Senators, ninety (90) days before the day
of the election; and
(b)
For
Members of the House of Representatives and elective provincial, city
and
municipal officials, forty-five (45) days before the day of the
election.
However, in
the preparation of the election calendar, the Commission may exclude
the
day before the day of the election itself, Maundy Thursday and Good
Friday.
Any election
campaign or partisan political activity for or against any candidate
outside
of the campaign period herein provided is prohibited and shall be
considered
as an election offense punishable under Section 263 and 264 of the
Omnibus
Election Code.
Sec. 6.
Nomination and Selection of Official Candidates. - No political
convention or meeting for the nomination or selection of the official
candidates
of any political party or organization or political groups or coalition
thereof shall be held earlier than the following periods:
(a)
For
President, Vice-President and Senators, one hundred sixty-five (165)
days
before the day of the election; and
(b)
For
Members of the House of Representatives and elective provincial, city
or
municipal officials, seventy-five (75) days before the day of the
election.
Sec. 7. Filing
of Certificates of Candidacy. - The certificate of candidacy of any
person running for the office of President, Vice-President, Senator,
Member
of the House of Representatives or any elective provincial, city or
municipal
official shall be filed in five (5) legible copies with the offices of
the Commission specified hereunder not later than the day before the
date
legally fixed for the beginning of his campaign period.
(a)
The
certificate of candidacy for President, Vice-President and Senators
shall
be filed with the main office of the Commission in Manila;
(b)
The
certificate of candidacy for the Members of the House of
Representatives
shall be filed with the provincial election supervisor of the province
concerned. Those for legislative districts in the National Capital
Region
shall be filed with the regional election director of said region and
those
for legislative districts in cities outside the National Capital Region
which comprise one or more legislative districts shall be filed with
the
city election registrar concerned;
(c)
The
certificate of candidacy for provincial offices shall be filed with the
provincial supervisor concerned; and
(d)
The
certificate of candidacy for city or municipal offices shall be filed
with
the city or municipal election registrar concerned.
Whenever
practicable,
the names of registered candidates for local positions shall be printed
in the election returns: Provided, That, if a candidate has been
disqualified
or declared a nuisance candidate, it shall be the duty of the
Commission
to instruct without delay the appropriate election officials to delete
the name of said candidate as printed in the election return.
The certificate
of candidacy shall be filed by the candidate personally or by his duly
authorized representative. No certificate of candidacy shall be filed
or
accepted by mail, telegram or facsimile.
Sec. 8.
Precincts and their Establishment. - Any provision of law to the
contrary notwithstanding, where it is not practicable to divide the
precinct
by territory, the Commission may adjust or split the precinct by
assigning
the registered voters therein alphabetically and equitably among the
adjusted
or split precincts: Provided, That, the polling places of said
precincts
shall be in the same building or premises.
Sec. 9.
Registration of Voters. - There shall be a registration of
voters
on the fifteenth Saturday before the day of the election for voters who
will reach the age of eighteen (18) years on or before the day of the
election
or for those who are qualified but not registered in the list of
voters.
However, the Commission may designate an additional date of
registration
in certain areas to ensure that voters therein are not deprived of
their
right of suffrage.
Before adjourning
on registration day, the board of election inspectors shall close the
list
of voters by affixing their signatures in the space immediately after
the
last name; number consecutively the names of the voters listed therein
and authenticate the list of voters by affixing their signatures on
each
and every page thereof.
The board
of election inspectors shall post, on the wall outside the room where
the
registration was conducted, the list of voters in each precinct
beginning
on the first working day after registration day until election day.
Failure
to post said list shall constitute an election offense punishable under
Section 263 and 264 of the Omnibus Election Code.
When there
is a significant number of inclusions, exclusions and corrections in
the
list of voters in a precinct, the Commission shall direct the board of
election inspectors concerned to meet on the eighth Saturday
immediately
preceding the day of the election for the purpose of making such
inclusions
and corrections as may be or may have been 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; otherwise, the board shall not
meet
but such inclusions, exclusions and corrections, if any, shall be made
in the list of voters before the voting starts on election day.
Sec. 10.
Annulment of the List of Voters. - Any book of voters the
preparation
of which has been affected with fraud, bribery, forgery, impersonation,
intimidation, force or any other similar irregularity or which is
statistically
improbable may be annulled, after due notice of a verified complaint:
Provided,
That, no order, ruling or decision annulling a book of voters shall be
executed within sixty (60) days before an election.
Sec. 11.
Voting Booth. - Any provision of law to the contrary
notwithstanding,
there shall be in each polling place at least ten (10) voting booths of
such size, specifications and materials as the Commission may provide
to
enable the voters to fill out their ballots secretly.
Sec. 12.
Absentee Voting. - Absentee voting as provided for in Executive
Order No. 157 dated March 30, 1987 shall apply to the elections for
President,
Vice-President and Senators only and shall be limited to members of the
Armed Forces of the Philippines and the Philippine National Police and
other government officers and employees who are duly registered voters
and who, on election day, may temporarily be assigned in connection
with
the performance of election duties to place where they are not
registered
voters.
Sec. 13.
Authorized Expenses of Candidates and Political Parties. - The
agreement
amount that a candidate or registered political party may spend for
election
campaign shall be as follows:
(a)
For
candidates. - Ten pesos (P10.00) for President and Vice-President; and
for other candidates Three Pesos (P3.00) for every voter currently
registered
in the constituency where he filed his certificate of candidacy:
Provided,
That a candidate without any political party and without support from
any
political party may be allowed to spend Five Pesos (P5.00) for every
such
voter; and
(b)
For
political parties. - Five pesos (P5.00) for every voter currently
registered
in the constituency or constituencies where it has official candidates.
Any provision
of law to the contrary notwithstanding any contribution in cash or in
kind
to any candidate or political party or coalition of parties for
campaign
purposes, duly reported to the Commission shall not be subject to the
payment
of any gift tax.
Sec. 14.
Statement of Contributions and Expenditures; Effect of Failure to
File
Statement. - Every candidate and treasurer of the political party
shall,
within thirty (30) days after the day of the election, file in
duplicate
with the offices of the Commission the full, true and itemized
statement
of all contributions and expenditures in connection with the election.
No person
elected to any public offices shall enter upon the duties of his office
until he has filed the statement of contributions and expenditures
herein
required.
The same
prohibition shall apply if the political party which nominated the
winning
candidate fails to file the statement required herein within the period
prescribed by this Act.
Except candidates
for elective barangay office, failure to file the statements or reports
in connection with electoral contributions and expenditures are
required
herein shall constitute an administrative offense for which the
offenders
shall be liable to pay an administrative fine ranging from One thousand
pesos (P1,000.00) to Thirty thousand pesos (P30,000.00), in the
discretion
of the Commission.
The fine
shall be paid within thirty (30) days from receipt of notice of such
failure;
otherwise, it shall be enforceable by a writ of execution issued by the
Commission against the properties of the offender.
It shall
be the duty of every city or municipal election registrar to advise in
writing, by personal delivery or registered mail, within five (5) days
from the date of election all candidates residing in his jurisdiction
to
comply with their obligation to file their statements of contributions
and expenditures.
For the
commission of a second or subsequent offense under this section, the
administrative
fine shall be from Two thousand pesos (P2,000.00) to Sixty thousand
pesos
(P60,000.00), in the discretion of the Commission. In addition, the
offender
shall be subject to perpetual disqualification to hold public office.
Sec. 15.
Pre-proclamation Cases Not Allowed in Elections for President
Vice-President,
Senator, and Member of the House of Representatives. - For purposes
of the elections for President, Vice-President, Senator and Member of
the
House of Representatives, no pre-proclamation cases shall be allowed on
matters relating to the preparation, transmission, receipt, custody and
appreciation of the election returns or the certificates of canvass, as
the case may be. However, this does not preclude the authority of the
appropriate
canvassing body motu propio or upon written complaint of an interested
person to correct manifest errors in the certificate of canvass or
election
returns before it.
Questions
affecting the composition or proceedings of the board of canvassers may
be initiated in the board or directly with the Commission in accordance
with Section 19 hereof.
Any objection
on the election returns before the city or municipal board of
canvassers,
or on the municipal certificates of canvass before the provincial board
of canvassers or district boards of canvassers in Metro Manila Area,
shall
be specifically noticed in the minutes of their respective proceedings.
Sec. 16.
Pre-proclamation Cases Involving Provincial, City and Municipal
Offices.
- Pre-proclamation cases involving provincial, city and municipal
offices
shall be allowed and shall be governed by Sections 17, 18, 19, 20, 21
and
22 hereof.
All
pre-proclamation
cases pending before the Commission shall be deemed terminated at the
beginning
of the term of the office involved and the rulings of the boards of
canvassers
concerned shall be deemed affirmed, without prejudice to the filing of
a regular election protest by the aggrieved party. However, proceedings
may continue when on the basis of the evidence thus far presented, the
Commission determined that the petition appears meritorious and
accordingly
issues an order for the proceeding to continue or when an appropriate
order
has been issued by the Supreme Court in a petition for certiorari.
Sec. 17.
Pre-proclamation Controversies; How Commenced. - Questions
affecting
the composition or proceedings of the board of canvassers may be
initiated
in the board or directly with the Commission. However, matters raised
under
Sections 233, 234, 235 and 236 of the Omnibus Election Code in relation
to the preparation, transmission, receipt, custody and appreciation of
the election returns, and the certificates of canvass shall be brought
in the first instance before the board of canvassers only.
Sec. 18.
Summary Disposition of Pre-proclamation Controversies. - All
pre-proclamation
controversies on election returns or certificates of canvass shall, on
the basis of the records and evidence elevated to it by the board of
canvassers,
be disposed of summarily by the Commission within seven (7) days from
receipt
thereof. Its decisions shall be executory after the lapse of seven (7)
days for receipts by the losing party of the decision of the Commission.
Sec. 19.
Consented Composition or Proceedings of the Board: Period to Appeal:
Decision by the Commission. - Parties adversely affected by a
ruling
of the board of canvassers on questions affecting the composition or
proceedings
of the board may appeal the matter to the Commission within three (3)
days
from a ruling thereon. The Commission shall summarily decided the case
within five (5) days from the filing thereof.
Sec. 20.
Procedure in Disposition of Contested Election Returns. - (a)
Any
candidate, political party or coalition of political parties contesting
the inclusion or exclusion in the canvass of any election returns on
any
of the grounds authorized under Article XX or Sections 234, 235 and 236
of Article XIX of the Omnibus Election Code shall submit their oral
objection
to the chairman of the board of canvassers at the time the questioned
return
is presented for inclusion in the canvass. Such objection shall be
recorded
in the minutes of the canvass.
(b) Upon
receipts of any such objection, the board of canvassers shall
automatically
defer the canvass of the contested returns and shall proceed to canvass
the returns which are not contested by any party.
(c) Simultaneous
with the oral objection, the objecting party shall also enter his
objection
in the form for written objections to be prescribed by the Commission.
Within twenty-four (24) hours from and after the presentation of such
an
objection, the objecting party shall submit the evidence in support of
the objection, which shall be attached to the form for written
objections.
Within the same period of twenty-four (24) hours after presentation of
the objection, any party may file a written and verified opposition to
the objection in the form also to be prescribed by the Commission,
attaching
thereto supporting evidence, if any. The board shall not entertain any
objection or opposition unless reduced to writing in the prescribed
forms.
The evidence
attached to the objection or opposition, submitted by the parties,
shall
be immediately and formally admitted into the records of the board by
the
chairman affixing his signature at the back of each every page thereof.
(d) Upon
receipt of the evidence, the board shall keep up the contested returns,
consider the written objections thereto and opposition, if any, and
summarily
and immediately rules thereon. The board shall enter its ruling on the
prescribed form and authenticate the same by the signatures of its
members.
(e) Any
part adversely affected by the ruling of the board shall immediately
inform
the board if he intends to appeal said ruling. The board shall enter
said
information in the minutes of the canvass, set aside the returns and
proceed
to consider the other returns.
(f) After
all the uncontested returns have been canvassed and the contested
return
ruled upon by it, the board shall suspend the canvass. Within
forty-eight
(48) hours, therefrom, any party adversely affected by the ruling may
file
with the board a written and verified notice of appeal; and within an
unextendible
period of five (5) days thereafter an appeal may be taken to the
Commission.
(g) Immediately
upon receipt of the notice of appeal, the board shall make an
appropriate
report to the Commission, elevating therewith the complete records and
evidence submitted in the canvass, and furnishing the parties with
copies
of the report.
(h) On the
basis of the record and evidence elevate to it by the board, the
Commission
shall decide summarily the appeal within seven (7) days from receipt of
said record and evidence. Any appeal brought before the Commission on
the
ruling of the board, without the accomplished forms and the evidence
appended
thereto, shall be summarily dismissed.
The decision
of the Commission shall be executory after the lapse of seven (7) days
from receipts thereof by the losing party.
(i) The
board of canvassers shall not proclaim any candidate as winner unless
authorized
by the Commission after the latter has ruled on the object brought to
it
on appeal by the losing party. Any proclamation made in violation
hereof
shall be void ab initio, unless the contested returns will not
adversely
affect the results of the election.
Sec. 21.
Partial Proclamation. - Notwithstanding the pendency of any
pre-proclamation
controversy, the Commission may summarily order the proclamation of
other
winning candidates whose election will not be affected by the outcome
of
the controversy.
Sec. 22.
Election Contests for Municipal Offices. - All election contests
involving
municipal offices filed with the Regional Trial Court shall be decided
expeditiously. The decision may be appealed to the Commission within
five
(5) days from promulgation or receipt of a copy thereof by the
aggrieved
party. The Commission shall decide the appeal within sixty (60) days
after
it is submitted for decision, but not later than six (6) months after
the
filing of the appeal, which decision shall be final, unappealable and
executory.
Sec. 23.
Officials Ballots. - (a) Ballots for national and local
elections,
regular or special, plebiscites and referenda, shall be of uniform size
and shall be prescribed by the Commission. They shall be printed in
black
ink on which security paper with distinctive, clear and legible
watermarks
that will readily distinguish it from ordinary paper. Each ballot shall
be in the shape of a strip with stub and detachable coupon containing
the
serial number of the ballot, and a space for the thumbmark of the voter
on the detachable coupon. It shall bear at the top of the voter on the
detachable coupon. It shall bear at the top of the middle portion
thereof
the coat-of-arms of the Republic of the Philippines, the word "Official
Ballot," the name of the city or the municipality and province in which
the election is to be held, the date of the election, and the following
notice in English: "Fill out this ballot secretly inside the voting
booth.
Do not put any distinct mark on any part of this ballot."
(b) The
official ballot shall also contain the names of all the officer to be
voted
for in the election, allowing opposite the name of each office,
sufficient
space of spaces with horizontal lines where the voter may write the
name
or names of individual candidates voted for by him.
(c) There
shall not be anything printed or written on the back of the ballot
except
as provided in Section 24 of this Act.
(d) Official
ballot for cities and municipalities where Arabic is of general use
shall
have each of the titles of the offices to be voted for printed in
Arabic
in addition to and immediately below the English title.
(e) Notwithstanding
the preceding provisions, the Commission is hereby authorized to
prescribe
a different form of official ballot on the same watermarked security
paper
to facilitate voting by illiterate voter only and to use or adopt the
latest
technological and electronic devices in connection therewith as
provided
under Section 52(i) of the Omnibus
Election Code.
Sec. 24.
Signature of Chairman at the Back of Every Ballot. - In every
case
before delivering an official ballot to the voter, the chairman of the
board of election inspectors shall, in the presence of the voter, affix
his signature at the back thereof. Failure to so authenticate shall be
noted in the minutes of the board of election inspectors and shall
constitute
an election offense punishable under Section 263 and 264 of the Omnibus
Election Code.
Sec. 25.
Manner of Counting Votes. - In addition to the requirement in
the
fourth paragraph of Section 12 of Republic Act No. 6646 ad Section 210
of the Omnibus
Election Code, in reading the individual official ballots during
the
counting, the chairman, the poll clerk and the third member shall
assume
such positions as to provide the watchers and the members of the public
as may be conveniently accommodated in the polling place, an unimpeded
view of the ballot being read by the chairman, of the election return
and
the tally board being simultaneously accomplished by the poll clerk and
the third member respectively, without touching any of these election
documents.
The table shall be cleared of all unnecessary writing paraphernalia.
Any
violation of this requirement shall constitute an election offense
punishable
under Sections 263 and 264 of the Omnibus
Election Code.
Sec. 26.
Official Watchers. - Every registered political party or
coalition
of political parties, and every candidate shall each be entitled to one
watcher in every polling place and canvassing center: Provided, That,
candidates
for the Sangguniang Panlalawigan, Sangguniang Panlungsod, or
Sangguniang
Bayan belonging to the same slate or ticket shall collectively be
entitled
to only one watcher.
There shall
also be recognized six (6) principal watchers, representing the six (6)
accredited major political parties, who shall be designated by the
Commission
upon nomination of the said parties. These political parties shall be
determined
by the Commission upon notice and hearing on the basis of the following
circumstances:
(a)
The
established record of the said parties, coalition of groups that now
composed
them, taking into account, among other things, their showing in past
elections;
(b)
The
number of incumbent elective officials belonging to them ninety (90)
days
before the date of election;
(c)
Their
identifiable political organizations and strengths as evidenced by
their
organized/chapters;
(d)
The
ability to fill a complete slate of candidates from the municipal level
to the position of President; and
(e)
Other
analogous circumstances that may determine their relative organizations
and strengths.
Sec. 27. Number
of Copies of Election Returns and their Distribution. - The board
of
election inspectors shall prepare in handwriting the election returns
in
their respective polling places, in the number of copies herein
provided
and in the form to be prescribed and provided by the Commission.
The copies
of the election returns shall be distributed as follows:
(a) In the
election of President, Vice-President, Senators and Members of the
House
of Representatives:
(1)
The
first copy shall be delivered to the city or municipal board of
canvassers;
(2)
The
second copy to the Congress, directed to the President of the Senate;
(3)
The
third copy, to the Commission;
(4)
The
fourth copy, to the provincial board of canvassers;
(5)
The
fifth 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 tally board
sufficiently
large to enable the public to read them, built on the public place
preferably
within the immediate vicinity of the city hall or municipal building.
(6)
The
sixth copy shall be given to the city or municipal trial court judge or
in his absence to any official who may be designated by the Commission.
The city or municipal trial court judge or the official designated by
the
Commission shall keep his copies of the election returns, sealed and
unopened.
Said copy may be opened only 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; and
(7)
The
seventh copy shall be deposited inside the compartment of the ballot
box
for valid ballots; and
(b) In the
election of local officials:
(1)
The
first copy shall be delivered to the city or municipal board of
canvassers;
(2)
The
second copy, to the Commission;
(3)
The
third copy, to the provincial board of canvassers;
(4)
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 tally 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;
(5)
The
fifth copy shall be given to the city or municipal trial court judge or
in his absence, to any official who may be designated by the
Commission.
The city or municipal trial court judge or the official designated by
the
Commission shall keep his copies of the election returns, sealed and
unopened.
Said copy may be opened only 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; and
(6)
The
sixth copy shall be deposited inside the compartment of the ballot box
for valid ballots.
Sec. 28. Canvassing
by Provincial City, District and Municipal Board of Canvassers. -
(a)
The city or municipal board of canvassers shall canvass the election
returns
of President, Vice-President, Senator and Members of the House of
Representatives
and for elective provincial and city or municipal officials. Upon
completion
of the canvass, it shall prepare the certificate of canvass for
President,
Vice-President, Senators and Members of the House of Representatives
and
elective provincial officials and thereafter, proclaim the elected city
or municipal officials, as the case may be.
(b) The
city board of canvassers of cities comprising one or more legislative
districts
shall canvass the election returns for President, Vice-President,
Senators,
Members of the House of Representatives and elective city officials.
Upon
completion of the canvass, the board shall prepare the certificate of
canvass
for President, Vice-President, and Senators and thereafter, proclaim
the
elected Members of the House of Representatives and city officials.
(c) (1)
In the Metro Manila Area each municipality comprising a legislative
district
shall have a district board of canvassers which shall canvass the
election
returns for President, Vice-President, Senators, Members of the House
of
Representatives and elective municipal officials. Upon completion of
the
canvass, it shall prepare the certificate of canvass for President,
Vice-President,
and Senators and thereafter, proclaim the elected Member of the House
of
Representatives and municipal officials.
(2) Each
component municipal in a legislative district in the Metro Manila Area
shall have a municipal board of canvassers which shall canvass the
election
returns for President, Vice-President, Senators, Members of the House
of
Representatives and elective municipal officials. Upon completion of
the
canvass, each shall prepare the certificate of canvass for President,
Vice-President,
Senators and Members of the House of Representatives and thereafter,
proclaim
the elected municipal officials.
(3) The
district board of canvassers of each legislative district comprising
two
(2) municipalities in the Metro Manila Area shall canvass the
certificate
of canvass for President, Vice-President, Senators and Members of the
House
of Representatives submitted by the municipal board of canvassers of
the
component municipalities. Upon completion of the canvass, it shall
prepare
a certificate of canvass for President, Vice-President and Senators and
thereafter, proclaim the elected Member of the House of Representatives
in the legislative district.
(d) The
provincial board of canvassers shall canvass the certificates of
canvass
for President, Vice-President, Senators and Members of the House of
Representatives
and elective provincial officials as well as plebiscite results, if any
plebiscite is conducted simultaneously with the same election, as
submitted
by the board of canvassers of municipalities and component cities. Upon
completion of the canvass, it shall prepare the certificate of canvass
for President, Vice-President and Senators and thereafter, proclaim the
elected Member of the House of Representatives and provincial officials
as well as the plebiscite results, if any.
Sec. 29.
Number of Copies of Certificates of Canvass and their Distribution.
- (a) The certificate of canvass for President, Vice-President,
Senators
and Members of the House of Representatives and elective provincial
officials
shall be prepared in seven (7) copies by the city or municipal board of
canvassers and distributed as follows:
(1)
The
first copy shall be delivered to the provincial board of canvassers for
use in the canvass of election results for President, Vice-President,
Senators
and Members of the House of Representatives and elective provincial
officials;
(2)
The
second copy shall be sent to the Commission;
(3)
The
third copy shall be kept by the chairman of the board;
(4)
The
fourth copy shall be given to the citizens arm designated by the
Commission
to conduct a media-based unofficial count; and
(5)
The
fifth, sixth and seventh copies shall be given to the representatives
of
three (3) of the six (6) major political parties in accordance with the
voluntary agreement of the parties. If no such agreement is reached,
the
Commission shall decide which parties shall receive the copies of the
certificate
of canvass on the basis of the criteria provided in Section 26 hereof.
The parties receiving the certificates shall have the obligation to
furnish
the other parties with authentic copies thereof with the least possible
delay.
(b)
The certificate
of canvass for President, Vice-President, Senators shall be prepared in
seven (7) copies by the city boards of canvassers of cities comprising
one or more legislative districts, by provincial boards of canvassers
and
by district boards of canvassers in the Metro Manila Area, and
distributed
as follows:
(1)
The
first copy shall be sent to the Congress, directed to the President of
the Senate for use in the canvass of election results for President and
Vice-President;
(2)
The
second copy shall be sent to the Commission for use in the canvass of
the
election results for Senators;
(3)
The
third copy shall be kept by the chairman of the board;
(4)
The
fourth copy shall be given to the citizens arm designated by the
Commission
to conduct a media-based unofficial count; and
(5)
The
fifth, sixth and seventh copies of the certificate of canvass shall be
given to any three (3) of the six (6) accredited major political
parties
in accordance with the voluntary agreement of the parties. If no such
agreement
is reached, the Commission shall decide which parties shall receive the
copies of the certificate of canvass on the basis of the criteria
provided
in Section 26 hereof. The parties receiving the certificates shall have
the obligation to furnish the other parties with authentic copies
thereof
with the least possible delay.
(c)
The certificate
of canvass prepared by the city of municipal boards of canvassers shall
each be supported by a statement of votes by precinct, signed and
thumbmarked
by the chairman and members of the board, and the principal watchers if
available. Thereafter, it shall be sealed and placed inside an envelope
which shall likewise be properly sealed.
In the Metro
Manila Area, the certificates of canvass prepared by a district board
of
canvassers of a legislative district comprising one (1) municipality
shall
be supported by a statement of votes by precinct. The certificate of
canvass
prepared by a district board of canvassers of a legislative district
comprising
two (2) municipalities shall be supported by a statement of votes by
municipality.
The certificate
of canvass prepared by the provincial board of canvassers shall be
supported
by a statement of votes by municipality, and the original copy thereof
for the Congress shall, in addition, be supported by statement of votes
by precinct as submitted to the provincial board of canvassers by the
city
or municipal boards of canvassers. The same requirement shall apply in
the case of the certificate of canvass of a district board of
canvassers
of a legislative district comprising two (2) municipalities in Metro
Manila
Area.
Sec. 30.
Congress as the National Board of Canvassers for the Election of
President
and Vice-President: Determination of Authenticity and Due Execution of
Certificates of Canvass. - Congress shall determine the
authenticity
and due execution of the certificate of canvass for President and
Vice-President
as accomplished and transmitted to it by the local boards of
canvassers,
on a showing that: (1) each certificate of canvass was executed, signed
and thumbmarked by the chairman and members of the board of canvassers
and transmitted or caused to be transmitted to Congress by them; (2)
each
certificate of canvass contains the names of all of the candidates for
President and Vice-President and their corresponding votes in words and
in figures; and (3) there exists no discrepancy in other authentic
copies
of the certificate of canvass or discrepancy in the votes of any
candidate
in words and figures in the certificate.
When the
certificate of canvass, duly certified by the board of canvassers of
each
province, city or district, appears to be incomplete, the Senate
President
shall require the board of canvassers concerned to transmit by personal
delivery, the election returns from polling places that were not
included
in the certificate of canvass and supporting statements. Said election
returns shall be submitted by personal delivery within two (2) days
from
receipt of notice.
When it
appears that any certificate of canvass or supporting statement of
votes
by precinct bears erasures or alterations which may cast doubt as to
the
veracity of the number of votes stated therein and may affect the
result
of the election, upon request of the Presidential or Vice-Presidential
candidate concerned or his party, Congress shall, for the sole purpose
of verifying the actual number of votes cast for President and
Vice-President,
count the votes as they appear in the copies of the election returns
submitted
to it.
Sec. 31.
Per Diems of Election Inspectors and Other Officials. - The
members
of the board of election inspectors shall be paid a per diem of Two
hundred
pesos (P200.00) each for services on registration and revision days and
Four hundred pesos (P400.00) each on the day of the election.
Provincial,
city and municipal treasurers, administrators and supervisors of the
Department
of Education, Culture and Sports assigned by the Commission to perform
election duty shall receive a per diem of Four hundred pesos (P400.00)
each on election day.
Said per
diem shall be paid by the cashier or other finance officer of the
Department
of Education, Culture and Sports or of the Commission within fifteen
(15)
days after registration, revision and election days, respectively.
There
being funds actually available, any delay in said payments to any of
the
abovementioned personnel without justifiable reason shall constitute an
election offense and all officials and other personnel responsible
therefor,
directly or indirectly, shall be liable under Sections 263 and 264 of
the
Omnibus
Election Code.
Sec. 32.
Who May Bear Firearms. - During the election period, no person
shall
bear, carry or transport firearms or other deadly weapons in public
places,
including any building, street, park, private vehicle or public
conveyance,
even if licensed to possess or carry the same, unless authorized in
writing
by the Commission. The issuance of firearms licenses shall be suspended
during the election period.
Only regular
members or officers of the Philippine National Police, the Armed Forces
of the Philippines and other enforcement agencies of the Government who
are duly deputized in writing by the Commission for election duty may
be
authorized to carry and possess firearms during the election period:
Provided,
That, when in the possession of firearms, the deputized law enforcement
officer must be: (a) in full uniform showing clearly and legibly his
name,
rank and serial number which shall remain visible at all times; and (b)
in the actual performance of his election duty in the specific area
designated
by the Commission.
Sec. 33.
Security Personnel and Bodyguards. - During the election period,
no candidate for public office, including incumbent public officers
seeking
election to any public office, shall employ, avail himself of or engage
the services of security personnel or bodyguards, whether or not such
bodyguards
are regular members or officers of the Philippine National Police, the
Armed Forces of the Philippines or other law enforcement agency of the
Government: Provided, That, when circumstances warrant, including but
not
limited to threats to life and security of a candidate, he may be
assigned
by the Commission, upon due application, regular members of the
Philippine
National Police, the Armed Forces of the Philippines or other law
enforcement
agency who shall provide him security for the duration of the election
period. The officers assigned for security duty to a candidate shall be
subject to the same requirement as to wearing of uniforms prescribed in
the immediately preceding section unless exempted in writing by the
Commission.
If at any
time during the election period, the ground for which the authority to
engage the services of security personnel has been granted shall cease
to exist of for any other valid cause, the Commission shall revoke the
said authority.
Sec. 34.
Disposition of Firearms. - The firearms of other deadly weapon
found
in the possession of person prosecuted for the election offense shall
be
disposed of according to existing laws.
Sec. 35.
Rules and Regulations. - The Commission shall issue rules and
regulations
to implement this Act. Said rules shall be published in at least two
(2)
national newspapers of general circulation.
Sec. 36.
Governing Laws. - The elections provided herein and all
subsequent
elections and plebiscite shall be governed by this Act, by the
provisions
of the Omnibus
Election Code, Republic Act No. 6646 and other election laws not
inconsistent
herewith.
Sec. 37.
Appropriation. - The amount of One billion pesos
(P1,000,000,000.00)
is hereby appropriated out of any savings or unexpected balance in the
National Treasury not otherwise appropriated to cover the costs of
holding
the May 11, 1992 elections. Hereafter, the amounts necessary to fund
subsequent
elections shall be included in the General Appropriations Act for the
corresponding
fiscal year.
Any provision
of law to the contrary notwithstanding, and for purposes of the May 11,
1992 elections only, the chairman and members of the board of election
inspectors shall each be paid a per diem of Four hundred pesos
(P400.00)
on election day. The Commission may provide hazard pay, when warranted,
incentive and merit awards to members of the boards of election
inspectors,
board of canvassers and personnel of the Commission and its deputized
agencies.
Sec. 38.
Separability Clause. - If any provisions or party of this Act is
declared unconstitutional such declaration of unconstitutionality will
not affect the other provisions of this Act.
Sec. 39.
Amending and Repealing Clause. - Section 107, 108 and 245 of the
Omnibus
Election Code are hereby repealed. Likewise, the inclusion in
Section
262 of the Omnibus
Election Code of the violations of Sections 105, 106, 107, 108,
109,
110, 111 and 112 as among election offenses is also hereby repealed.
This
repeal shall have retroactive effect.
Batas Pambansa
Blg. 881, Republic Act No. 6646, Executive Order Nos. 144 and 157 and
all
other laws, orders, decrees, rules and regulations or other issuances,
or any part thereof, inconsistent with the provisions of this Act are
hereby
amended or repealed accordingly.
Sec. 40.
Effectivity Clause. - This Act shall take effect upon its
publication
in full in at least two (2) national newspapers of general circulation.
Approved:
November 26, 1991
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