BATAS PAMBANSA BILANG 881

OMNIBUS ELECTION CODE OF THE PHILIPPINES

December 3, 1985
ARTICLE I.
GENERAL PROVISIONS
Sec. 1. Title. - This Act shall be known and cited as the "Omnibus
Election Code of the Philippines."
Sec. 2. Applicability. - This Code shall govern all election of public
officers and, to the extent appropriate, all referenda and plebiscites.
Sec. 3. Election and campaign periods. - Unless otherwise fixed in
special cases by the Commission on Elections, which hereinafter
shall be referred to as the Commission, the election period shall
commence ninety days before the day of the election and shall end
thirty days thereafter.
The period of campaign shall be as follows:
1. Presidential and Vice-Presidential Election - 90 days;
2. Election of Members of the Batasang Pambansa and Local Election
- 45 days; and
3. Barangay Election - 15 days.
The campaign periods shall not include the day before and the day of
the election.
However, in case of special elections under Article VIII, Section 5,
Subsection (2) of the Constitution, the campaign period shall be
forty-five days.
Sec. 4. Obligation to register and vote. - It shall be the obligation of
every citizen qualified to vote to register and cast his vote.
Sec. 5. Postponement of election. - When for any serious cause such
as violence, terrorism, loss or destruction of election paraphernalia
or records, force majeure, and other analogous causes of such a
nature that the holding of a free, orderly and honest election should
become impossible in any political subdivision, the Commission,
motu proprio or upon a verified petition by any interested party, and
after due notice and hearing, whereby all interested parties are
afforded equal opportunity to be heard, shall postpone the election
therein to a date which should be reasonably close to the date of the
election not held, suspended or which resulted in a failure to elect
but not later than thirty days after the cessation of the cause for
such postponement or suspension of the election or failure to elect.
Sec. 6. Failure of election. - If, on account of force majeure, violence,
terrorism, fraud, or other analogous causes the election in any
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polling place has not been held on the date fixed, or had been
suspended before the hour fixed by law for the closing of the voting,
or after the voting and during the preparation and the transmission
of the election returns or in the custody or canvass thereof, such
election results in a failure to elect, and in any of such cases the
failure or suspension of election would affect the result of the
election, the Commission shall, on the basis of a verified petition by
any interested party and after due notice and hearing, call for the
holding or continuation of the election not held, suspended or which
resulted in a failure to elect on a date reasonably close to the date of
the election not held, suspended or which resulted in a failure to
elect but not later than thirty days after the cessation of the cause of
such postponement or suspension of the election or failure to elect.
Sec. 7. Call of special election. - (1) In case a vacancy arises in the
Batasang Pambansa eighteen months or more before a regular
election, the Commission shall call a special election to be held
within sixty days after the vacancy occurs to elect the Member to
serve the unexpired term.
(2) In case of the dissolution of the Batasang Pambansa, the
President shall call an election which shall not be held earlier than
forty-five nor later than sixty days from the date of such dissolution.
The Commission shall send sufficient copies of its resolution for the
holding of the election to its provincial election supervisors and
election registrars for dissemination, who shall post copies thereof
in at least three conspicuous places preferably where public
meetings are held in each city or municipality affected.
Sec. 8. Election Code to be available in polling places. - A printed
copy of this Code in English or in the national language shall be
provided and be made available by the Commission in every polling
place, in order that it may be readily consulted by any person in
need thereof on the registration, revision and election days.
Sec. 9. Official mail and telegram relative to elections. - Papers
connected with the election and required by this Code to be sent by
public officers in the performance of their election duties shall be
free of postage and sent by registered special delivery mail.
Telegrams of the same nature shall likewise be transmitted free of
charge by government telecommunications and similar facilities.
It shall be the duty of the Postmaster General, the Director of the
Bureau of Telecommunications, and the managers of private
telecommunication companies to transmit immediately and in
preference to all other communications or telegrams messages
reporting
election
results
and
such
other
messages
or

communications which the Commission may require or may be

necessary to ensure free, honest and orderly elections.
Sec. 10. Election expenses. - Except in barangay elections, such
expenses as may be necessary and reasonable in connection with
the elections, referenda, plebiscites and other similar exercises shall
be paid by the Commission. The Commission may direct that in the
provinces, cities, or municipalities, the election expenses chargeable
to the Commission be advanced by the province, city or municipality
concerned subject to reimbursement by the Commission upon
presentation of the proper bill.
Funds needed by the Commission to defray the expenses for the
holding of regular and special elections, referenda and plebiscites
shall be provided in the regular appropriations of the Commission
which, upon request, shall immediately be released to the
Commission. In case of deficiency, the amount so provided shall be
augmented from the special activities funds in the general
appropriations act and from those specifically appropriated for the
purpose in special laws.
Sec. 11. Failure to assume office. - The office of any official elected
who fails or refuses to take his oath of office within six months from
his proclamation shall be considered vacant, unless said failure is for
a cause or causes beyond his control.
Sec. 12. Disqualifications. - Any person who has been declared by
competent authority insane or incompetent, or has been sentenced
by final judgment for subversion, insurrection, rebellion or for any
offense for which he has been sentenced to a penalty of more than
eighteen months or for a crime involving moral turpitude, shall be
disqualified to be a candidate and to hold any office, unless he has
been given plenary pardon or granted amnesty.
This disqualifications to be a candidate herein provided shall be
deemed removed upon the declaration by competent authority that
said insanity or incompetence had been removed or after the
expiration of a period of five years from his service of sentence,
unless within the same period he again becomes disqualified.
ARTICLE II.
ELECTION OF PRESIDENT AND VICE-PRESIDENT
Sec. 13. Regular election for President and Vice-President. - The
regular election for President and Vice-President of the Philippines
shall be held on the first Monday of May Nineteen hundred eighty
seven (1987) and on the same day every six years thereafter. The
President-elect and the Vice-President-elect shall assume office at

twelve o'clock noon on the thirtieth day of June next following the
election and shall end at noon of the same date, six years thereafter
when the term of his successor shall begin.
Sec. 14. Special election for President and Vice-President. - In case a
vacancy occurs for the Office of the President and Vice-President,
the Batasang Pambansa shall, at ten o'clock in the morning of the
third day after the vacancy occurs, convene in accordance with its
rules without need of a call and within seven days enact a law
calling for a special election to elect a President and a Vice-President
to be held not earlier than forty-five days nor later than sixty days
from the time of such call. The bill calling such special election shall
be deemed certified under paragraph (2), Section 19, Article VIII of
the Constitution and shall become law upon its approval on third
reading by the Batasang Pambansa. Appropriations for the special
election shall be charged against any current appropriations and
shall be exempt from the requirements of paragraph (4), Section 16
of Article VIII of the Constitution. The convening of the Batasang
Pambansa cannot be suspended nor the special election postponed.
No special election shall be called if the vacancy occurs within
seventy days before the date of the presidential election of 1987.
Sec. 15. Canvass of votes for President and Vice-President by the
provincial or city board of canvassers. - The provincial, city, or
district boards of canvassers in Metropolitan Manila, as the case may
be, shall meet not later than six o'clock in the evening on election
day to canvass the election returns that may have already been
received by them, respectively. It shall meet continuously from day
to day until the canvass is completed, but may adjourn only for the
purpose of awaiting the other election returns. Each time the board
adjourns, it shall make a total of all the votes cast for each candidate
for President and for Vice-President, duly authenticated by the
signatures and thumbmarks of all the members of the provincial, city
or district board of canvassers, furnishing the Commission in Manila
by the fastest means of communication a copy thereof, and making
available the data contained therein to mass media and other
interested parties. Upon the completion of the canvass, the board
shall prepare a certificate of canvass showing the votes received by
each candidate for the office of the President and for Vice-President,
duly authenticated by the signatures and thumbmarks of all the
members of the provincial, city or district board of canvassers. Upon
the completion of the certificate of canvass, the board shall certify
and transmit the said certificate of canvass to the Speaker of the
Batasang Pambansa.

The provincial, city and district boards of canvassers shall prepare

the certificate of canvass for the election of President and VicePresident, supported by a statement of votes by polling place, in
quintuplicate by the use of carbon papers or such other means as
the Commission shall prescribe to the end that all five copies shall be
legibly produced in one handwriting. The five copies of the
certificate of canvass must bear the signatures and thumbmarks of
all the members of the board. Upon the completion of these
certificates and statements, they shall be enclosed in envelopes
furnished by the Commission and sealed, and immediately
distributed as follows: the original copy shall be enclosed and sealed
in the envelope directed to the Speaker and delivered to him at the
Batasang Pambansa by the fastest possible means; the second copy
shall likewise be enclosed and sealed in the envelope directed to the
Commission; the third copy shall be retained by the provincial
election supervisor, in the case of the provincial board of canvassers,
and by the city election registrar, in the case of the city board of
canvassers; and one copy each to the authorized representatives of
the ruling party and the dominant opposition political party. Failure
to comply with the requirements of this section shall constitute an
election offense.
Sec. 16. Counting of votes for President and Vice-President by the
Batasang Pambansa. - The certificates of canvass, duly certified by
the board of canvassers of each province, city or district in
Metropolitan Manila shall be transmitted to the Speaker of the
Batasang Pambansa, who shall, not later than thirty days after the
day of the election, convene the Batasang Pambansa in session and
in its presence open all the certificates of canvass, and the votes
shall then be counted.
Sec. 17. Correction of errors in certificate and supporting statement
already transmitted to the Speaker. - No correction of errors
allegedly committed in the certificate of canvass and supporting
statement already transmitted to the Speaker of the Batasang
Pambansa shall be allowed, subject to the provisions of the
succeeding section.
Sec. 18. Preservation of ballot boxes, their keys, and disposition of
their contents. - Until after the completion by the Batasang
Pambansa of the canvassing of the votes and until an uncontested
proclamation of the President-elect and Vice-President-elect shall
have been obtained, the provincial, city or district board of
canvassers under the joint responsibility with the provincial, city or
municipal treasurers shall provide for the safekeeping and storage of
the ballot boxes in a safe and closed chamber secured by four

padlocks: one to be provided by the corresponding board chairman;

one by the provincial or city treasurer concerned; and one each by
the ruling party and the accredited dominant opposition political
party.
Sec. 19. When certificate of canvass is incomplete or bears erasures
or alterations. - When the certificate of canvass, duly certified by the
board of canvassers of each province, city or district in Metropolitan
Manila and transmitted to the Speaker of the Batasang Pambansa, as
provided in the Constitution, appears to be incomplete, the Speaker
shall require the board of canvassers concerned to transmit to his
office, by personal delivery, the election returns from polling places
that were not included in the certificate of canvass and supporting
statements. Said election returns shall be submitted by personal
delivery to the Speaker within two days from receipt of notice. When
it appears that any certificate of canvass or supporting statement of
votes by polling place 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, the Batasang Pambansa upon
request of the Presidential or Vice-Presidential candidate concerned
or his party shall, for the sole purpose of verifying the actual number
of votes cast for President or Vice-President, count the votes as they
appear in the copies of the election returns for the Commission. For
this purpose, the Speaker shall require the Commission to deliver its
copies of the election returns to the Batasang Pambansa.
Sec. 20. Proclamation of the President-elect and Vice-Presidentelect. - Upon the completion of the canvass of the votes by the
Batasang Pambansa, the persons obtaining the highest number of
votes for President and for Vice-President shall be declared elected;
but in case two or more shall have an equal and the highest number
of votes, one of them shall be chosen President or Vice-President, as
the case may be, by a majority vote of all the Members of the
Batasang Pambansa in session assembled.
In case there are certificates of canvass which have not been
submitted to the Speaker of the Batasang Pambansa on account of
missing election returns, a proclamation may be made if the missing
certificates will not affect the results of the election.
In case the certificates of canvass which were not submitted on
account of missing election returns will affect the results of the
election, no proclamation shall be made. The Speaker shall
immediately instruct the boards of canvassers concerned to obtain
the missing election returns from the boards of election inspectors
or, if the returns have been lost or destroyed upon prior authority
from the Commission, to use any authentic copy of said election

returns for the purpose of conducting the canvass, and thereafter

issue the certificates of canvass. The certificates of canvass shall be
immediately transmitted to the Speaker of the Batasang Pambansa.
Proclamation shall be made only upon submission of all certificates
of canvass or when the missing certificates of canvass will not affect
the
results
of
the
election.
ARTICLE III.
ELECTION OF MEMBERS OF THE BATASANG PAMBANSA
Sec. 21. Regular election of Members of the Batasang Pambansa. The regular election of the Members of the Batasang Pambansa shall
be held on the second Monday of May, Nineteen hundred and ninety
(1990) and on the same day every six years thereafter.
Sec. 22. Special election for Members of the Batasang Pambansa. In case a vacancy arises in the Batasang Pambansa eighteen months
or more before a regular election, the Commission shall call a special
election to be held within sixty days after the vacancy occurs to elect
the Member to serve the unexpired term.
The Batasang Pambansa through a duly approved resolution or an
official communication of the Speaker when it is not in session shall
certify to the Commission the existence of said vacancy.
Sec. 23. Composition of the Batasang Pambansa. - The Batasang
Pambansa shall be composed of not more than two hundred
Members elected from the different provinces of the Philippines with
their component cities, highly urbanized cities and districts of
Metropolitan Manila, those elected or selected from various sectors
as provided herein, and those chosen by the President from the
members of the Cabinet.
Sec. 24. Apportionment of representatives. - Until a new
apportionment shall have been made, the Members of the Batasang
Pambansa shall be apportioned in accordance with the Ordinance
appended to the Constitution, as follows:
National Capital Region: Manila, 6; Quezon City, 4; Caloocan, 2;
Pasay, 1; Pasig and Marikina, 2; Las Pias and Paraaque, 1; Makati,
1; Malabon, Navotas and Valenzuela, 2; San Juan and Mandaluyong,
1; Taguig, Pateros and Muntinglupa, 1.
Region 1: Abra, 1; Benguet, 1; Ilocos Norte with Laoag City, 2; Ilocos
Sur, 2; La Union, 2; Mountain Province, 1; Pangasinan with the cities
of Dagupan and San Carlos, 6; Baguio City, 1.
Region II: Batanes, 1; Cagayan, 3; Ifugao, 1; Isabela, 3; KalingaApayao, 1; Nueva Vizcaya, 1; Quirino, 1.
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Region III: Bataan, 1; Bulacan, 4; Nueva Ecija with the cities of

Cabanatuan, Palayan and San Jose, 4; Pampanga with Angeles City,
4; Tarlac, 2; Zambales, 1; Olongapo City, 1.
Region IV: Aurora, 1; Batangas with the cities of Batangas and Lipa,
4; Cavite with the cities of Cavite, Tagaytay and Trece Martires, 3;
Laguna with San Pablo City, 4; Marinduque, 1; Occidental Mindoro, 1;
Oriental Mindoro, 2; Palawan with Puerto Princesa City, 1; Quezon
with Lucena City, 4; Rizal, 2; Romblon, 1.
Region V: Albay with Legaspi City, 3; Camarines Norte, 1; Camarines
Sur with the cities of Iriga and Naga, 4; Catanduanes, 1; Masbate, 2;
Sorsogon, 2.
Region VI: Aklan, 1; Antique, 1; Capiz with Roxas City; Iloilo with
Iloilo City, 5; Negros Occidental with the cities of Bacolod, Bago,
Cadiz, La Carlota, San Carlos and Silay, 7.
Region VII: Bohol with Tagbilaran City, 3; Cebu with the cities of
Danao,
Lapu-Lapu, Mandaue and Toledo, 6; Negros Oriental with the cities
of Bais, Canlaon and Dumaguete, 3; Siquijor, 1; Cebu City, 2.
Region VIII: Leyte with the cities of Ormoc and Tacloban, 5;
Southern Leyte, 1; Eastern Samar, 1; Northern Samar, 1; Samar with
Calbayog City, 2.
Region IX: Basilan, 1; Sulu, 1; Tawi-Tawi, 1; Zamboanga del Norte
with the cities of Dapitan and Dipolog, 2; Zamboanga del Sur with
Pagadian City, 3; Zamboanga City, 1.
Region X: Agusan del Norte with Butuan City, 1; Agusan del Sur, 1;
Bukidnon, 2; Camiguin, 1; Misamis Occidental with the cities of
Oroquieta, Ozamis and Tangub, 1; Misamis Oriental with Gingoog
City, 2; Surigao del Norte with Surigao City, 1; Cagayan de Oro City,
1.
Region XI: Surigao del Sur, 1; Davao del Norte, 3; Davao Oriental, 1;
Davao del Sur, 2; South Cotabato with General Santos City, 3; Davao
City, 2.
Region XII: Lanao del Norte, 1; Lanao del Sur with Marawi City, 2;
Maguindanao with Cotabato City, 2; North Cotabato, 2; Sultan
Kudarat, 1; Iligan City, 1.
Any province that may hereafter be created or any component city
that may hereafter be declared by or pursuant to law as a highly
urbanized city shall be entitled in the immediately following election
to at least one Member or such number of Members as it may be
entitled to on the basis of the number of the inhabitants and on the
same uniform and progressive ratio used in the last preceding
apportionment. The number of Members apportioned to the province
out of which the new province was created or where the new highly

urbanized city is geographically located shall be correspondingly

adjusted by the Commission, but such adjustment shall not be made
within one hundred twenty days before the election.
Sec. 25. Voting by province and its component cities, by highly
urbanized city or by district in Metropolitan Manila. - All candidates
shall be voted at large by the registered voters of their respective
constituencies. The candidates corresponding to the number of
Member or Members to be elected in a constituency who receive the
highest
number
of
votes
shall
be
declared
elected.
Sec. 26. Sectoral representatives. - There shall be three sectors to be
represented in the Batasang Pambansa, namely: (1) youth; (2)
agricultural labor; (3) industrial labor whose representatives shall
be elected in the manner herein provided. Each sector shall be
entitled to four representatives, two of whom shall come from
Luzon, one from Visayas, and one from Mindanao: Provided, That the
youth sector shall be entitled to two additional sectoral
representatives who shall be elected from any part of the country.
Sec. 27. Scope of the sectors. - The agricultural labor sector covers
all persons who personally and physically till the land as their
principal occupation. It includes agricultural tenants and lessees,
rural workers and farm employees, owner-cultivators, settlers and
small fishermen.
The industrial labor sector includes all non-agricultural workers and
employees.
The youth sector embraces persons not more than twenty-five years
of age.
Sec. 28. Selection of sectoral representatives. - Not later than
twenty days after the election of provincial, city or district
representatives, the most representative and generally recognized
organizations or aggroupments of members of the agricultural labor,
industrial labor, and youth sectors, as attested to by the Ministers of
Agrarian Reform and of Agriculture and Food, the Ministers of Labor
and Employment, and the Ministers of Local Government and of
Education, Culture and Sports, respectively, shall, in accordance with
the procedures of said organizations or aggroupments of members
of the sector, submit to the President their respective nominees for
each slot allotted for each sector. The President shall appoint from
among the nominees submitted by the aforementioned organizations
or aggroupments the representatives of each sector.
In recognizing the most representative and generally recognized
organizations or aggroupments, the Ministers of Agrarian Reform
and of Agriculture and Food, the Minister of Labor and Employment,

and the Ministers of Local Government and Education, Culture and

Sports shall consider:
(a) The extent of membership and activity of the organization or
aggroupment which should be national;
(b) The responsiveness of the organization or aggroupment to the
legitimate aspirations of its sector;
(c) The militancy and consistency of the organization or
aggroupment in espousing the cause and promoting the welfare of
the sector consistent with that of the whole country;
(d) The observance by such organization or aggroupment of the rule
of law; and
(e) Other analogous factors.
The President of the Philippines shall, in writing, notify the
Secretary-General of the Batasang Pambansa of the appointment
made by him of any sectoral representative.
Except as herein otherwise provided, sectoral representatives shall
have the same functions, responsibilities, rights, privileges,
qualifications and disqualifications as the representatives from the
provinces and their component cities, highly urbanized cities or
districts
of
Metropolitan
Manila.
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ARTICLE IV.
ELECTION OF LOCAL OFFICIALS
Sec. 29. Regular elections of local officials. - The election of
provincial, city and municipal officials whose positions are provided
for by the Local Government Code shall be held throughout the
Philippines in the manner herein prescribed on the first Monday of
May, Nineteen hundred and eighty-six and on the same day every six
years thereafter.
The officials elected shall assume office on the thirtieth day of June
next following the election and shall hold office for six years and
until their successors shall have been elected and qualified.
All local incumbent officials whose tenure of office shall expire on
March 23, 1986 shall hold office until June 30, 1986 or until their
successors shall have been elected and qualified: Provided, That
they cannot be suspended or removed without just cause.
Sec. 30. Component and highly urbanized cities. - Unless their
respective charters provide otherwise, the electorate of component
cities shall be entitled to vote in the election for provincial officials
of the province of which it is a part.
The electorate of highly urbanized cities shall not vote in the election
for provincial officials of the province in which it is located:

Provided, however, That no component city shall be declared or be

entitled to a highly urbanized city status within ninety days prior to
any
election.
ARTICLE V.
ELECTION OF MEMBERS OF THE REGIONAL ASSEMBLY OF THE
AUTONOMOUS REGIONS.
Sec. 31. The Sangguniang Pampook of the autonomous regions. Region IX and Region XII in southern Philippines shall each have a
Sangguniang Pampook to be composed of twenty-seven members
and shall include seventeen representatives elected from the
different provinces and cities of each region, and a sectoral
representative each from among the youth, agricultural workers,
and non-agricultural workers (industrial labor) of each region to be
selected in the manner herein provided whose qualifications and
disqualifications are the same as Members of the Batasang
Pambansa.
The President shall appoint an additional seven representatives in
each region whenever in his judgment any other sector is not
properly represented in the Sangguniang Pampook as a result of the
elections.
Sec. 32. Apportionment of members of the Sangguniang Pampook. The Members of the Sangguniang Pampook of Region IX and of
Region XII shall be apportioned as follows:
Region IX: Basilan, one (1); Sulu, three (3); Tawi-Tawi, one (1);
Zamboanga del Norte including the cities of Dipolog and Dapitan,
four, (4); and Zamboanga del Sur, including the City of Pagadian, six
(6); and Zamboanga City, two (2);
Region XII: Lanao del Norte, two (2); Iligan City, one (1); Lanao del
Sur including the City of Marawi, four (4); Maguindanao including
the City of Cotabato, four (4); North Cotabato, four (4); and Sultan
Kudarat, two (2).
Sec. 33. Election of members of Sangguniang Pampook. - The
candidates for the position of seventeen representatives to the
Sangguniang Pampook of Region IX and of Region XII shall be voted
at large by the registered voters of each province including the cities
concerned.
The candidates corresponding to the number of member or members
to be elected in a constituency who receive the highest number of
votes shall be declared elected.
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Sec. 34. Selection of sectoral representatives. - The President shall,

within thirty days from the convening of each Sangguniang
Pampook, appoint the sectoral representatives on recommendation
of the Sangguniang Pampook and after due consultation with the
representative
and
generally
recognized
organizations
or
aggrupations of members of the youth, agricultural workers and
non-agricultural workers as attested by the Ministers of Local
Government and of Education, Culture and Sports (youth), Ministers
of Agrarian Reform and of Agriculture and Food (agricultural
workers), and Ministers of Labor and Employment (non-agricultural
or industrial labor).
The President of the Philippines shall in writing notify the Speaker of
the Sangguniang Pampook of each region of the appointment made
by him of any sectoral representative.
The sectoral representatives shall have the same functions,
responsibilities,
rights,
privileges,
qualifications
and
disqualifications as the elective provincial representatives to the
Sangguniang Pampook: Provided, however, That no defeated
candidate for member of the Sangguniang Pampook in the
immediately preceding election shall be appointed as sectoral
representative.
Sec. 35. Filling of vacancy. - Pending an election to fill a vacancy
arising from any cause in the Sangguniang Pampook, the vacancy
shall be filled by the President, upon recommendation of the
Sangguniang Pampook: Provided, That the appointee shall come
from the same province or sector of the member being replaced.
Sec. 36. Term of office. - The present members of the Sangguniang
Pampook of each of Region IX and Region XII shall continue in office
until June 30, 1986 or until their successors shall have been elected
and qualified or appointed and qualified in the case of sectoral
members. They may not be removed or replaced except in
accordance with the internal rules of said assembly or provisions of
pertinent laws.
The election of members of the Sangguniang Pampook of the two
regions shall be held simultaneously with the local elections of 1986.
Those elected in said elections shall have a term of four years
starting June 30, 1986.
Those elected in the election of 1990 to be held simultaneously with
the elections of Members of the Batasang Pambansa shall have a
term
of
six
years.
ARTICLE VI.
ELECTION OF BARANGAY OFFICIALS

Sec. 37. Regular election of barangay officials. - The election for

barangay officials shall be held throughout the Philippines in the
manner prescribed on the second Monday of May Nineteen hundred
and eighty-eight and on the same day every six years thereafter.
The officials elected shall assume office on the thirtieth day of June
next following the election and shall hold office for six years and
until their successors shall have been elected and qualified.
Sec. 38. Conduct of elections. - The barangay election shall be nonpartisan and shall be conducted in an expeditious and inexpensive
manner.
No person who files a certificate of candidacy shall represent or
allow himself to be represented as a candidate of any political party
or any other organization; and no political party, political group,
political committee, civic, religious, professional, or other
organization or organized group of whatever nature shall intervene
in his nomination or in the filing of his certificate of candidacy or
give aid or support, directly or indirectly, material or otherwise
favorable to or against his campaign for election: Provided, That this
provision shall not apply to the members of the family of a candidate
within the fourth civil degree of consanguinity or affinity nor to the
personal campaign staff of the candidate which shall not be more
than one for every one hundred registered voters in his barangay:
Provided, however, That without prejudice to any liability that may
be incurred, no permit to hold a public meeting shall be denied on
the ground that the provisions of this paragraph may or will be
violated.
Nothing in this section, however, shall be construed as in any
manner affecting or constituting an impairment of the freedom of
individuals to support or oppose any candidate for any barangay
office.
Sec. 39. Certificate of Candidacy. - No person shall be elected
punong barangay or kagawad ng sangguniang barangay unless he
files a sworn certificate of candidacy in triplicate on any day from
the commencement of the election period but not later than the day
before the beginning of the campaign period in a form to be
prescribed by the Commission. The candidate shall state the
barangay office for which he is a candidate.
The certificate of candidacy shall be filed with the secretary of the
sangguniang barangay who shall have the ministerial duty to receive
said certificate of candidacy and to immediately acknowledge receipt
thereof.

In case the secretary refuses to receive the same, or in the case of

his absence or non-availability, a candidate may file his certificate
with the election registrar of the city or municipality concerned.
The secretary of the sangguniang barangay or the election registrar,
as the case may be, shall prepare a consolidated list all the
candidates and shall post said list in the barangay hall and in other
conspicuous places in the barangay at least ten days before the
election.
Any elective or appointive municipal, city, provincial or national
official or employee, or those in the civil or military service,
including those in government-owned or controlled corporations,
shall be considered automatically resigned upon the filing of
certificate of candidacy for a barangay office.
Sec. 40. Board of Election Tellers. - (1) The Commission shall
constitute not later than ten days before the election a board of
election tellers in every barangay polling place, to be composed of a
public elementary school teacher as chairman, and two members
who are registered voters of the polling place concerned, but who
are not incumbent barangay officials nor related to any candidate for
any position in that barangay within the fourth civil degree of
affinity or consanguinity.
In case no public elementary school teachers are available, the
Commission shall designate any registered voter in the polling place
who is not an incumbent barangay official nor related to any
candidate for any position in that barangay within the fourth civil
degree of affinity or consanguinity.
(2) The board of election tellers shall supervise and conduct the
election in their respective polling places, count the votes and
thereafter prepare a report in triplicate on a form prescribed by the
Commission. The original of this report shall be delivered
immediately to the barangay board of canvassers. The second copy
shall be delivered to the election registrar and the third copy shall be
delivered to the secretary of the sangguniang barangay who shall
keep the same on file.
Sec. 41. Registration of voters and list of voters. - Not later than
seven days before the election, the board of election tellers shall
meet in every barangay polling place to conduct the registration of
barangay voters and to prepare the list of voters. Any voter may
challenge the qualification of any person seeking to register and said
challenge shall be heard and decided on the same day by the board
of election tellers.
The final list of voters shall be posted in the polling places at least
two days before election day. The registration of any voter shall not

be transferred without written notice at least two days before the

date of election. Not later than the day following the barangay
election, the board of election tellers shall deliver the list of voters to
the election registrar for custody and safekeeping.
Sec. 42. Polling places. - (1) The chairman of the board of election
tellers shall designate the public school or any other public building
within the barangay to be used as polling place in case the barangay
has one election precinct. (2) For barangays with two or more
election precincts the chairman of the board of canvassers shall
designate the public school or any other public building to be used
as polling place.
In case there is no public school or other public building that can be
used as polling places, other appropriate private buildings may be
designated: Provided, That such buildings are not owned or occupied
or possessed by any incumbent elective public official or candidate,
or his relative within the fourth civil degree of consanguinity or
affinity. The polling place shall be centrally located as possible,
always taking into consideration the convenience and safety of the
voters.
Sec. 43. Official barangay ballots. - The official barangay ballots shall
be provided by the city or municipality concerned of a size and color
to be prescribed by the Commission.
Such official ballots shall, before they are handed to the voter at the
polling place, be authenticated in the presence of the voter, by the
authorized representatives of the candidates and the chairman and
members of the board of election tellers who shall affix their
signatures at the back thereof. Any ballot which is not authenticated
shall be deemed spurious.
Sec. 44. Ballot boxes. - The Commission shall provide the ballot
boxes for each barangay polling place, but each candidate may be
permitted to provide a padlock for said ballot box.
Sec. 45. Postponement or failure of election. - When for any serious
cause such as violence, terrorism, loss or destruction of election
paraphernalia or records, force majeure, and other analogous causes
of such nature that the holding of a free, orderly and honest election
should become impossible in any barangay, the Commission, upon a
verified petition of an interested party and after due notice and
hearing at which the interested parties are given equal opportunity
to be heard, shall postpone the election therein for such time as it
may deem necessary.
If, on account of force majeure, violence, terrorism, fraud or other
analogous causes, the election in any barangay has not been held on
the date herein fixed or has been suspended before the hour fixed by

law for the closing of the voting therein and such failure or
suspension of election would affect the result of the election, the
Commission, on the basis of a verified petition of an interested
party, and after due notice and hearing, at which the interested
parties are given equal opportunity to be heard shall call for the
holding or continuation of the election within thirty days after it
shall have verified and found that the cause or causes for which the
election has been postponed or suspended have ceased to exist or
upon petition of at least thirty percent of the registered voters in the
barangay concerned.
When the conditions in these areas warrant, upon verification by the
Commission, or upon petition of at least thirty percent of the
registered voters in the barangay concerned, it shall order the
holding of the barangay election which was postponed or suspended.
Sec. 46. Barangay board of canvassers. - (1) The Commission shall
constitute a board of canvassers at least seven days before the
election in each barangay, to be composed of the senior public
elementary school teacher in the barangay as chairman, and two
other public elementary school teachers, as members.
In case the number of public elementary school teachers is
inadequate, the Commission shall designate the chairman and
members of the barangay board of canvassers from among the
board of election tellers.
(2) The barangay board of canvassers shall meet immediately in a
building where a polling place is found and which is most centrally
located in the barangay and after canvassing the results from the
various polling places within the barangay, proclaim the winners.
The board of canvassers shall accomplish the certificate of
proclamation in triplicate on a form to be prescribed by the
Commission. The original of the certificate shall be sent to the
election registrar concerned, the second copy shall be delivered to
the secretary of the sangguniang bayan or sangguniang panglunsod,
as the case may be, and the third copy shall be kept on file by the
secretary of the sangguniang barangay.
(3) In a barangay where there is only one polling place, the
barangay board of election tellers shall also be the barangay board
of canvassers.
Sec. 47. Activities during the campaign period. - During the
campaign period, the punong barangay if he is not a candidate, or
any resident of the barangay designated by the Commission, shall
convene the barangay assembly at least once for the purpose of
allowing the candidates to appear at a joint meeting duly called,
upon proper and with at least two days notice, to explain to the

barangay voters their respective program of administration, their

qualifications, and other information that may help enlighten voters
in casting their votes.
The members of the barangay assembly may take up and discuss
other matters relative to the election of barangay officials.
Sec. 48. Watchers. - Candidates may appoint two watchers each, to
serve alternately, in every polling place within the barangay, who
shall be furnished with a signed copy of the results of the election, in
such form as the Commission may prescribe, immediately after the
completion of the canvass.
Sec. 49. Inclusion and exclusion cases. - Inclusion and exclusion
cases which shall be decided not later than seven before the date of
the election shall be within the exclusive original jurisdiction of the
municipal or metropolitan trial court. The notice of such decision
shall be served to all parties within twenty-four hours following its
promulgation and any party adversely affected may appeal
therefrom within twenty-four hours to the regional trial court which
shall finally decide the same not later than two days before the date
of the election.
Sec. 50. Funding. - Local governments shall appropriate such funds
to defray such necessary and reasonable expenses of the members
of the board of election tellers, board of canvassers and the printing
of election forms and procurement of other election paraphernalia,
and the installation of polling booths.
Sec. 51. Penalties. - Violations of any provisions of this Article shall
constitute prohibited acts and shall be prosecuted and penalized in
accordance
with
the
provisions
of
this
Code.
ARTICLE VII.
THE COMMISSION ON ELECTIONS
Sec. 52. Powers and functions of the Commission on Elections. - In
addition to the powers and functions conferred upon it by the
Constitution, the Commission shall have exclusive charge of the
enforcement and administration of all laws relative to the conduct of
elections for the purpose of ensuring free, orderly and honest
elections, and shall:
(a) Exercise direct and immediate supervision and control over
national and local officials or employees, including members of any
national or local law enforcement agency and instrumentality of the
government required by law to perform duties relative to the
conduct of elections. In addition, it may authorize CMT cadets
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eighteen years of age and above to act as its deputies for the
purpose of enforcing its orders.
The Commission may relieve any officer or employee referred to in
the preceding paragraph from the performance of his duties relating
to electoral processes who violates the election law or fails to
comply with its instructions, orders, decisions or rulings, and
appoint his substitute. Upon recommendation of the Commission,
the corresponding proper authority shall suspend or remove from
office any or all of such officers or employees who may, after due
process, be found guilty of such violation or failure.
(b) During the period of the campaign and ending thirty days
thereafter, when in any area of the country there are persons
committing acts of terrorism to influence people to vote for or
against any candidate or political party, the Commission shall have
the power to authorize any member or members of the Armed Forces
of the Philippines, the National Bureau of Investigation, the
Integrated National Police or any similar agency or instrumentality
of the government, except civilian home defense forces, to act as
deputies for the purpose of ensuring the holding of free, orderly and
honest elections.
(c) Promulgate rules and regulations implementing the provisions of
this Code or other laws which the Commission is required to enforce
and administer, and require the payment of legal fees and collect the
same in payment of any business done in the Commission, at rates
that it may provide and fix in its rules and regulations.
Rules and regulations promulgated by the Commission to implement
the provisions of this Code shall take effect on the sixteenth day
after publication in the Official Gazette or in at least daily
newspapers of general circulation. Orders and directives issued by
the Commission pursuant to said rules and regulations shall be
furnished by personal delivery to accredited political parties within
forty-eight hours of issuance and shall take effect immediately upon
receipt.
In case of conflict between rules, regulations, orders or directives of
the Commission in the exercise of its constitutional powers and
those issued by any other administrative office or agency of the
government concerning the same matter relative to elections, the
former shall prevail.
(d) Summon the parties to a controversy pending before it, issue
subpoena and subpoena duces tecum, and take testimony in any
investigation or hearing before it, and delegate such power to any
officer of the Commission who shall be a member of the Philippine
Bar. In case of failure of a witness to attend, the Commission, upon

proof of service of the subpoena to said witnesses, may issue a

warrant to arrest witness and bring him before the Commission or
the officer before whom his attendance is required.
Any controversy submitted to the Commission shall, after
compliance with the requirements of due process, be immediately
heard and decided by it within sixty days from submission thereof.
No decision or resolution shall be rendered by the Commission either
en banc or by division unless taken up in a formal session properly
convened for the purpose.
The Commission may, when necessary, avail of the assistance of any
national or local law enforcement agency and/or instrumentality of
the government to execute under its direct and immediate
supervision any of its final decisions, orders, instructions or rulings.
(e) Punish contempts provided for in the Rules of Court in the same
procedure and with the same penalties provided therein. Any
violation of any final and executory decision, order or ruling of the
Commission shall constitute contempt thereof.
(f) Enforce and execute its decisions, directives, orders and
instructions which shall have precedence over those emanating from
any other authority, except the Supreme Court and those issued in
habeas corpus proceedings.
(g) Prescribe the forms to be used in the election, plebiscite or
referendum.
(h) Procure any supplies, equipment, materials or services needed
for the holding of the election by public bidding: Provided, That, if it
finds the requirements of public bidding impractical to observe, then
by negotiations or sealed bids, and in both cases, the accredited
parties shall be duly notified.
(i) Prescribe the use or adoption of the latest technological and
electronic devices, taking into account the situation prevailing in the
area and the funds available for the purpose: Provided, That the
Commission shall notify the authorized representatives of accredited
political parties and candidates in areas affected by the use or
adoption of technological and electronic devices not less than thirty
days prior to the effectivity of the use of such devices.
(j) Carry out a continuing and systematic campaign through
newspapers of general circulation, radios and other media forms to
educate the public and fully inform the electorate about election
laws, procedures, decisions, and other matters relative to the work
and duties of the Commission and the necessity of clean, free,
orderly and honest electoral processes.

(k) Enlist non-partisan group or organizations of citizens from the

civic, youth, professional, educational, business or labor sectors
known for their probity, impartiality and integrity with the
membership and capability to undertake a coordinated operation and
activity to assist it in the implementation of the provisions of this
Code and the resolutions, orders and instructions of the Commission
for the purpose of ensuring free, orderly and honest elections in any
constituency. Such groups or organizations shall function under the
direct and immediate control and supervision of the Commission and
shall perform the following specific functions and duties:
A. Before Election Day:
1. Undertake an information campaign on salient features of this
Code and help in the dissemination of the orders, decisions and
resolutions of the Commission relative to the forthcoming election.
2. Wage a registration drive in their respective areas so that all
citizens of voting age, not otherwise disqualified by law may be
registered.
3. Help cleanse the list of voters of illegal registrants, conduct
house-to-house canvass if necessary, and take the appropriate legal
steps towards this end.
4. Report to the Commission violations of the provisions of this Code
on the conduct of the political campaign, election propaganda and
electoral expenditures.
B. On Election Day:
1. Exhort all registered voters in their respective areas to go to their
polling places and cast their votes.
2. Nominate one watcher for accreditation in each polling place and
each place of canvass who shall have the same duties, functions and
rights as the other watchers of political parties and candidates.
Members or units of any citizen group or organization so designated
by the Commission except its lone duly accredited watcher, shall not
be allowed to enter any polling place except to vote, and shall, if
they so desire, stay in an area at least fifty meters away from the
polling place.
3. Report to the peace authorities and other appropriate agencies all
instances of terrorism, intimidation of voters, and other similar
attempts to frustrate the free and orderly casting of votes.
4. Perform such other functions as may be entrusted to such group
or organization by the Commission.
The designation of any group or organization made in accordance
herewith may be revoked by the Commission upon notice and
hearing whenever by its actuations such group or organization has
shown partiality to any political party or candidate, or has performed
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acts in excess or in contravention of the functions and duties herein

provided and such others which may be granted by the Commission.
(l) Conduct hearings on controversies pending before it in the cities
or provinces upon proper motion of any party, taking into
consideration the materiality and number of witnesses to be
presented, the situation prevailing in the area and the fund available
for the purpose.
(m) Fix other reasonable periods for certain pre-election
requirements in order that voters shall not be deprived of their right
of suffrage and certain groups of rights granted them in this Code.
Unless indicated in this Code, the Commission is hereby authorized
for fix the appropriate period for the various prohibited acts
enumerated herein, consistent with the requirements of free,
orderly, and honest elections.
Sec. 53. Field offices of the Commission. - The Commission shall
have the following field offices:
(1) Regional Election Office, headed by the Regional Election
Director and assisted by the Assistant Regional Director and such
other subordinate officers or employees as the Commission may
appoint.
(2) Provincial Election Office, headed by the Provincial Election
Supervisor and assisted by such other subordinate officers or
employees as the Commission may appoint.
(3) City/Municipal Election Office, headed by the City/Municipal
Registrar who shall be assisted by an election clerk and such other
employees as the Commission may appoint.
The Commission may delegate its powers and functions or order the
implementation or enforcement of its orders, rulings, or decisions
through the heads of its field offices.
Sec. 54. Qualifications. - Only members of the Philippines Bar shall
be eligible for appointment to the position of regional director,
assistant regional director, provincial election supervisor and
election registrar: Provided, however, That if there are no members
of the Philippine Bar available for appointment as election registrar,
except in cities and capital towns, graduates of duly recognized
schools of law, liberal arts, education or business administration
who possess the appropriate civil service eligibility may be
appointed to said position.
Sec. 55. Office space. - The local government concerned shall
provide a suitable place for the office of the provincial election
supervisor and his staff and the election registrar and his staff:
Provided, That in case of failure of the local government concerned
to provide such suitable place, the provincial election supervisor or
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the election registrar, as the case may be, upon prior authority of
the Commission and notice to the local government concerned, may
lease another place for office and the rentals thereof shall be
chargeable to the funds of the local government concerned.
Sec. 56. Changes in the composition, distribution or assignment of
field offices. - The Commission may make changes in the
composition, distribution and assignment of field offices, as well as
its personnel, whenever the exigencies of the service and the
interest of free, orderly, and honest election so require: Provided,
That such changes shall be effective and enforceable only for the
duration of the election period concerned and shall not affect the
tenure of office of the incumbents of positions affected and shall not
constitute a demotion, either in rank or salary, nor result in change
of status: and Provided, further, That there shall be no changes in
the composition, distribution or assignment within thirty days before
election, except for cause and after due notice and hearing, and that
in no case shall a regional or assistant regional director be assigned
to a region; a provincial election supervisor to a province; or a city or
municipal election registrar to a city or municipality, where he
and/or his spouse are related to any candidate within the fourth civil
degree of consanguinity or affinity as the case may be.
Sec. 57. Measures to ensure enforcement. - For the effective
enforcement of the provisions of this Code, the Commission is
further vested and charged with the following powers, duties and
responsibilities:
1. To issue search warrants after examination under oath or
affirmation of the complainant and the witnesses
2. To stop any illegal election activity, or confiscate, tear down, and
stop any unlawful, libelous, misleading or false election propaganda,
after due notice and hearing.
3. To inquire into the financial records of candidates and any
organization or group of persons, motu proprio or upon written
representation for probable cause by any candidate or group of
persons or qualified voter, after due notice and hearing.
For purposes of this section, the Commission may avail itself of the
assistance of the Commission on Audit, the Central Bank, the
National Bureau of Investigation, the Bureau of Internal Revenue,
the Armed Forces of the Philippines, the Integrated National Police
of the Philippines, barangay officials, and other agencies of the
government.
Sec. 58. Disqualifications of members of the Commission. - The
chairman and members of the Commission shall be subject to the
canons of judicial ethics in the discharge of their functions.
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No chairman or commissioner shall sit in any case in which he has

manifested bias or prejudice for or against or antagonism against
any party thereto and in connection therewith, or in any case in
which he would be disqualified under the Rules of Court. If it be
claimed that the chairman or a commissioner is disqualified as above
provided, the party objecting to his competency may file his
objection in writing with the Commission stating the ground
therefor. The official concerned shall continue to participate in the
hearing or withdrawn therefrom in accordance with his
determination of the question of his disqualification. The decision
shall forthwith be made in writing and filed with the other papers of
the case in accordance with the Rules of Court. If a disqualification
should result in a lack of quorum in the Commission sitting en banc,
the Presiding Justice of the Intermediate Appellate Court shall
designate a justice of said court to sit in said case for the purpose of
hearing and reaching a decision thereon.
Sec. 59. Publication of official ballots and election returns and
printing thereof. - The Commission shall publish at least ten days
before an election in a newspaper of general circulation certified
data on the number of official ballots and election returns and the
names and addresses of the printers and the number printed by
each.
ARTICLE VIII.
POLITICAL PARTIES
Sec. 60. Political party. - "Political party" or "party", when used in
this Act, means an organized group of persons pursuing the same
ideology, political ideas or platforms of government and includes its
branches and divisions. To acquire juridical personality, quality it for
subsequent accreditation, and to entitle it to the rights and
privileges herein granted to political parties, a political party shall
first be duly registered with the Commission. Any registered political
party that, singly or in coalition with others, fails to obtain at least
ten percent of the votes cast in the constituency in which it
nominated and supported a candidate or candidates in the election
next following its registration shall, after notice and hearing be
deemed to have forfeited such status as a registered political party
in such constituency.
Sec. 61. Registration. - Any organized group of persons seeking
registration as a national or regional political party may file with the
Commission a verified petition attaching thereto its constitution and
by-laws, platform or program of government and such other relevant

information as may be required by the Commission. The Commission

shall, after due notice and hearing, resolve the petition within ten
days from the date it is submitted for decision.
No religious sect shall be registered as a political party and no
political party which seeks to achieve its goal through violence shall
be entitled to accreditation.
Sec. 62. Publication of petition for registration or accreditation. - The
Commission shall require publication of the petition for registration
or accreditation in at least three newspapers of general circulation
and shall, after due notice and hearing, resolve the petition within
fifteen days from the date it is submitted for decision.
ARTICLE IX.
ELIGIBILITY OF CANDIDATES AND CERTIFICATE OF CANDIDACY
Sec. 63. Qualifications for President and Vice-President of the
Philippines. - No person may be elected President unless he is a
natural-born citizen of the Philippines, a registered voter, able to
read and write, at least forty years of age on the day of election, and
a resident of the Philippines for at least ten years immediately
preceding such election.
Sec. 64. Qualifications for Members of the Batasang Pambansa. - No
person shall be elected Member of the Batasang Pambansa as
provincial, city or district representative unless he is a natural-born
citizen of the Philippines and, on the day of the election, is at least
twenty-five years of age, able to read and write, a registered voter
in the constituency in which he shall be elected, and a resident
thereof for a period of not less than six months immediately
preceding the day of the election.
A sectoral representative shall be a natural-born citizen of the
Philippines, able to read and write, a resident of the Philippines, able
to read and write, a resident of the Philippines for a period of not
less than one year immediately preceding the day of the election, a
bona fide member of the sector he seeks to represent, and in the
case of a representative of the agricultural or industrial labor sector,
shall be a registered voter, and on the day of the election is at least
twenty-five years of age. The youth sectoral representative should at
least be eighteen and not be more than twenty-five years of age on
the day of the election: Provided, however, That any youth sectoral
representative who attains the age of twenty-five years during his
term shall be entitled to continue in office until the expiration of his
term.

Sec. 65. Qualifications of elective local officials. - The qualifications

for elective provincial, city, municipal and barangay officials shall be
those provided for in the Local Government Code.
Sec. 66. Candidates holding appointive office or positions. - Any
person holding a public appointive office or position, including active
members of the Armed Forces of the Philippines, and officers and
employees in government-owned or controlled corporations, shall be
considered ipso facto resigned from his office upon the filing of his
certificate of candidacy.
Sec. 67. Candidates holding elective office. - Any elective official,
whether national or local, running for any office other than the one
which he is holding in a permanent capacity, except for President
and Vice-President, shall be considered ipso facto resigned from his
office upon the filing of his certificate of candidacy.
Sec. 68. Disqualifications. - Any candidate who, in an action or
protest in which he is a party is declared by final decision of a
competent court guilty of, or found by the Commission of having (a)
given money or other material consideration to influence, induce or
corrupt the voters or public officials performing electoral functions;
(b) committed acts of terrorism to enhance his candidacy; (c) spent
in his election campaign an amount in excess of that allowed by this
Code; (d) solicited, received or made any contribution prohibited
under Sections 89, 95, 96, 97 and 104; or (e) violated any of
Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc,
subparagraph 6, shall be disqualified from continuing as a candidate,
or if he has been elected, from holding the office. Any person who is
a permanent resident of or an immigrant to a foreign country shall
not be qualified to run for any elective office under this Code, unless
said person has waived his status as permanent resident or
immigrant of a foreign country in accordance with the residence
requirement provided for in the election laws.
Sec. 69. Nuisance candidates. - The Commission may motu proprio
or upon a verified petition of an interested party, refuse to give due
course to or cancel a certificate of candidacy if it is shown that said
certificate has been filed to put the election process in mockery or
disrepute or to cause confusion among the voters by the similarity of
the names of the registered candidates or by other circumstances or
acts which clearly demonstrate that the candidate has no bona fide
intention to run for the office for which the certificate of candidacy
has been filed and thus prevent a faithful determination of the true
will of the electorate.
Sec. 70. Guest candidacy. - A political party may nominate and/or
support candidates not belonging to it.

Sec. 72. Effects of disqualification cases and priority. - The

Commission and the courts shall give priority to cases of
disqualification by reason of violation of this Act to the end that a
final decision shall be rendered not later than seven days before the
election in which the disqualification is sought.
Any candidate who has been declared by final judgment to be
disqualified shall not be voted for, and the votes cast for him shall
not be counted. Nevertheless, if for any reason, a candidate is not
declared by final judgment before an election to be disqualified and
he is voted for and receives the winning number of votes in such
election, his violation of the provisions of the preceding sections
shall not prevent his proclamation and assumption to office.
Sec. 73. Certificate of candidacy. - No person shall be eligible for any
elective public office unless he files a sworn certificate of candidacy
within the period fixed herein.
A person who has filed a certificate of candidacy may, prior to the
election, withdraw the same by submitting to the office concerned a
written declaration under oath.
No person shall be eligible for more than one office to be filled in the
same election, and if he files his certificate of candidacy for more
than one office, he shall not be eligible for any of them. However,
before the expiration of the period for the filing of certificates of
candidacy, the person who was filed more than one certificate of
candidacy may declare under oath the office for which he desires to
be eligible and cancel the certificate of candidacy for the other office
or offices.
The filing or withdrawal of a certificate of candidacy shall not affect
whatever civil, criminal or administrative liabilities which a
candidate
may
have
incurred.
Sec. 74. Contents of certificate of candidacy. - The certificate of
candidacy shall state that the person filing it is announcing his
candidacy for the office stated therein and that he is eligible for said
office; if for Member of the Batasang Pambansa, the province,
including its component cities, highly urbanized city or district or
sector which he seeks to represent; the political party to which he
belongs; civil status; his date of birth; residence; his post office
address for all election purposes; his profession or occupation; that
he will support and defend the Constitution of the Philippines and
will maintain true faith and allegiance thereto; that he will obey the
laws, legal orders, and decrees promulgated by the duly constituted
authorities; that he is not a permanent resident or immigrant to a
foreign country; that the obligation imposed by his oath is assumed

voluntarily, without mental reservation or purpose of evasion; and

that the facts stated in the certificate of candidacy are true to the
best of his knowledge.
Unless a candidate has officially changed his name through a court
approved proceeding, a certificate shall use in a certificate of
candidacy the name by which he has been baptized, or if has not
been baptized in any church or religion, the name registered in the
office of the local civil registrar or any other name allowed under the
provisions of existing law or, in the case of a Muslim, his Hadji name
after performing the prescribed religious pilgrimage: Provided, That
when there are two or more candidates for an office with the same
name and surname, each candidate, upon being made aware or such
fact, shall state his paternal and maternal surname, except the
incumbent who may continue to use the name and surname stated in
his certificate of candidacy when he was elected. He may also
include one nickname or stage name by which he is generally or
popularly known in the locality.
The person filing a certificate of candidacy shall also affix his latest
photograph, passport size; a statement in duplicate containing his
bio-data and program of government not exceeding one hundred
words, if he so desires.
Sec. 75. Filing and distribution of certificate of candidacy. - The
certificate of candidacy shall be filed on any day from the
commencement of the election period but not later than the day
before the beginning of the campaign period: Provided, That in cases
of postponement or failure of election under Sections 5 and 6 hereof,
no additional certificate of candidacy shall be accepted except in
cases of substitution of candidates as provided under Section 77
hereof.
The certificates of candidacy for President and Vice-President of the
Philippines shall be filed in ten legible copies with the Commission
which shall order the printing of copies thereof for distribution to all
polling places. The certificates of candidacy for the other offices
shall be filed in duplicate with the offices herein below mentioned,
together with a number of clearly legible copies equal to twice the
number of polling places in the province, city, district, municipality
or barangay, as the case may be:
(a) For representative in the Batasang Pambansa, with the
Commission, the provincial election supervisor, city election
registrar in case of highly urbanized cities, or an officer designated
by the Commission having jurisdiction over the province, city or
representative district who shall send copies thereof to all polling
places in the province, city or district;
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(b) For provincial offices, with the provincial election supervisor of

the province concerned who shall send copies thereof to all polling
places in the province;
(c) For city and municipal offices, with the city or municipal election
registrar who shall send copies thereof to all polling places in the
city or municipality; and
(d) For punong barangay or kagawad ng sangguniang barangay, the
certificates of candidacy shall be filed in accordance with the
provisions of Section 39 of Article VI of this Code.
The duly authorized receiving officer shall immediately send the
original copy of all certificates of candidacy received by him to the
Commission.
Sec. 76. Ministerial duty of receiving and acknowledging receipt. The Commission, provincial election supervisor, election registrar or
officer designated by the Commission or the board of election
inspectors under the succeeding section shall have the ministerial
duty to receive and acknowledge receipt of the certificate of
candidacy.
Sec. 77. Candidates in case of death, disqualification or withdrawal
of another. - If after the last day for the filing of certificates of
candidacy, an official candidate of a registered or accredited political
party dies, withdraws or is disqualified for any cause, only a person
belonging to, and certified by, the same political party may file a
certificate of candidacy to replace the candidate who died, withdrew
or was disqualified. The substitute candidate nominated by the
political party concerned may file his certificate of candidacy for the
office affected in accordance with the preceding sections not later
than mid-day of the day of the election. If the death, withdrawal or
disqualification should occur between the day before the election
and mid-day of election day, said certificate may be filed with any
board of election inspectors in the political subdivision where he is a
candidate, or, in the case of candidates to be voted for by the entire
electorate of the country, with the Commission.
Sec. 78. Petition to deny due course to or cancel a certificate of
candidacy. - A verified petition seeking to deny due course or to
cancel a certificate of candidacy may be filed by the person
exclusively on the ground that any material representation
contained therein as required under Section 74 hereof is false. The
petition may be filed at any time not later than twenty-five days
from the time of the filing of the certificate of candidacy and shall be
decided, after due notice and hearing, not later than fifteen days
before
the
election.

ARTICLE X.
CAMPAIGN AND ELECTION PROPAGANDA
Sec. 79. Definitions. - As used in this Code:
(a) The term "candidate" refers to any person aspiring for or seeking
an elective public office, who has filed a certificate of candidacy by
himself or through an accredited political party, aggroupment, or
coalition of parties;
(b) The term "election campaign" or "partisan political activity"
refers to an act designed to promote the election or defeat of a
particular candidate or candidates to a public office which shall
include:
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(1) Forming organizations, associations, clubs, committees or other

groups of persons for the purpose of soliciting votes and/or
undertaking any campaign for or against a candidate;
(2) Holding political caucuses, conferences, meetings, rallies,
parades, or other similar assemblies, for the purpose of soliciting
votes and/or undertaking any campaign or propaganda for or
against a candidate;
(3) Making speeches, announcements or commentaries, or holding
interviews for or against the election of any candidate for public
office;
(4) Publishing or distributing campaign literature or materials
designed to support or oppose the election of any candidate; or
(5) Directly or indirectly soliciting votes, pledges or support for or
against a candidate.
The foregoing enumerated acts if performed for the purpose of
enhancing the chances of aspirants for nomination for candidacy to a
public office by a political party, aggroupment, or coalition of parties
shall not be considered as election campaign or partisan election
activity.
Public expressions or opinions or discussions of probable issues in a
forthcoming election or on attributes of or criticisms against
probable candidates proposed to be nominated in a forthcoming
political party convention shall not be construed as part of any
election campaign or partisan political activity contemplated under
this Article.
Sec. 80. Election campaign or partisan political activity outside
campaign period. - It shall be unlawful for any person, whether or
not a voter or candidate, or for any party, or association of persons,
to engage in an election campaign or partisan political activity
except during the campaign period: Provided, That political parties

may hold political conventions or meetings to nominate their official

candidates within thirty days before the commencement of the
campaign period and forty-five days for Presidential and VicePresidential election.
Sec. 81. Intervention of foreigners. - It shall be unlawful for any
foreigner, whether judicial or natural person, to aid any candidate or
political party, directly or indirectly, or take part in or influence in
any manner any election, or to contribute or make any expenditure
in connection with any election campaign or partisan political
activity.
Sec. 82. Lawful election propaganda. - Lawful election propaganda
shall include:
(a) Pamphlets, leaflets, cards, decals, stickers or other written or
printed materials of a size not more than eight and one-half inches
in width and fourteen inches in length;
(b) Handwritten or printed letters urging voters to vote for or
against any particular candidate;
(c) Cloth, paper or cardboard posters, whether framed or posted,
with an area exceeding two feet by three feet, except that, at the
site and on the occasion of a public meeting or rally, or in
announcing the holding of said meeting or rally, streamers not
exceeding three feet by eight feet in size, shall be allowed: Provided,
That said streamers may not be displayed except one week before
the date of the meeting or rally and that it shall be removed within
seventy-two hours after said meeting or rally; or
(d) All other forms of election propaganda not prohibited by this
Code as the Commission may authorize after due notice to all
interested parties and hearing where all the interested parties were
given an equal opportunity to be heard: Provided, That the
Commission's authorization shall be published in two newspapers of
general circulation throughout the nation for at least twice within
one week after the authorization has been granted.
Sec. 83. Removal, destruction or defacement of lawful election
propaganda prohibited. - It shall be unlawful for any person during
the campaign period to remove, destroy, obliterate, or in any
manner deface or tamper with, or prevent the distribution of lawful
election propaganda.
Sec. 84. Requirements for published or printed election propaganda.
- Any newspaper, newsletter, newsweekly, gazette or magazine
advertising, posters, pamphlets, circulars, handbills, bumper
stickers, streamers, simple list of candidates or any published or
printed political matter for or against a candidate or group of
candidates to any public office shall bear and be identified by the
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words "paid for by" followed by the true and correct name and
address of the payor and by the words "printed by" followed by the
true and correct name and address of the printer.
Sec. 85. Prohibited forms of election propaganda. - It shall be
unlawful:
(a) To print, publish, post or distribute any poster, pamphlet,
circular, handbill, or printed matter urging voters to vote for or
against any candidate unless they bear the names and addresses of
the printer and payor as required in Section 84 hereof;
(b) To erect, put up, make use of, attach, float or display any
billboard, tinplate-poster, balloons and the like, of whatever size,
shape, form or kind, advertising for or against any candidate or
political party;
(c) To purchase, manufacture, request, distribute or accept electoral
propaganda gadgets, such as pens, lighters, fans of whatever
nature, flashlights, athletic goods or materials, wallets, shirts, hats,
bandanas, matches, cigarettes and the like, except that campaign
supporters accompanying a candidate shall be allowed to wear hats
and/or shirts or T-shirts advertising a candidate;
(d) To show or display publicly any advertisement or propaganda for
or against any candidate by means of cinematography, audio-visual
units or other screen projections except telecasts which may be
allowed as hereinafter provided; and
(e) For any radio broadcasting or television station to sell or give
free of charge air time for campaign and other political purposes
except as authorized in this Code under the rules and regulations
promulgated by the Commission pursuant thereto.
Any prohibited election propaganda gadget or advertisement shall
be stopped, confiscated or torn down by the representative of the
Commission upon specific authority of the Commission.
Sec. 86. Regulation of election propaganda through mass media. (a) The Commission shall promulgate rules and regulations
regarding the sale of air time for partisan political purposes during
the campaign period to insure the equal time as to duration and
quality in available to all candidates for the same office or political
parties at the same rates or given free of charge; that such rates are
reasonable and not higher than those charged other buyers or users
of air time for non-political purposes; that the provisions of this
Code regarding the limitation of expenditures by candidates and
political parties and contributions by private persons, entities and
institutions are effectively enforced; and to ensure that said radio
broadcasting and television stations shall not unduly allow the
scheduling of any program or permit any sponsor to manifestly favor
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or oppose any candidate or political party by unduly or repeatedly

referring to or including said candidate and/or political party in such
program respecting, however, in all instances the right of said
stations to broadcast accounts of significant or newsworthy events
and views on matters of public interest.
(b) All contracts for advertising in any newspaper, magazine,
periodical or any form of publication promoting or opposing the
candidacy of any person for public office shall, before its
implementation, be registered by said newspaper, magazine,
periodical or publication with the Commission. In every case, it shall
be signed by the candidate concerned or by the duly authorized
representative of the political party.
(c) No franchise or permit to operate a radio or television station
shall be granted or issued, suspended or cancelled during the
election period.
Any radio or television stations, including that owned or controlled
by the Government, shall give free of charge equal time and
prominence to an accredited political party or its candidates if it
gives free of charge air time to an accredited political party or its
candidates for political purposes.
In all instances, the Commission shall supervise the use and
employment of press, radio and television facilities so as to give
candidates equal opportunities under equal circumstances to make
known their qualifications and their stand on public issues within the
limits set forth in this Code on election spending.
Rules and regulations promulgated by the Commission under and by
authority of this section shall take effect on the seventh day after
their publication in at least two daily newspapers of general
circulation. Prior to the effectivity of said rules and regulations, no
political advertisement or propaganda for or against any candidate
or political party shall be published or broadcast through the mass
media.
Violation of the rules and regulations of the Commission issued to
implement this section shall be an election offense punishable under
Section 264 hereof.
Sec. 87. Rallies, meetings and other political activities. - Subject to
the requirements of local ordinances on the issuance of permits, any
political party supporting official candidates or any candidate
individually or jointly with other aspirants may hold peaceful
political rallies, meetings, and other similar activities during the
campaign period: Provided, That all applications for permits to hold
meetings, rallies and other similar political activities, receipt of
which must be acknowledged in writing and which application shall

be immediately posted in a conspicuous place in the city or

municipal building, shall be acted upon in writing by local authorities
concerned within three days after the filing thereof and any
application not acted upon within said period shall be deemed
approved: and Provided, further, That denial of any application for
said permit shall be appealable to the provincial election supervisor
or to the Commission whose decision shall be made within fortyeight hours and which shall be final and executory: Provided, finally,
That one only justifiable ground for denial is a prior written
application by any candidate or political party for the same purpose
has been approved.
Sec. 88. Public rally. - Any political party or candidate shall notify the
election registrar concerned of any public rally said political party or
candidate intends to organize and hold in the city or municipality,
and within seven working days thereafter submit to the election
registrar a statement of expenses incurred in connection therewith.
Sec. 89. Transportation, food and drinks. - It shall be unlawful for
any candidate, political party, organization, or any person to give or
accept, free of charge, directly or indirectly, transportation, food or
drinks or things of value during the five hours before and after a
public meeting, on the day preceding the election, and on the day of
the election; or to give or contribute, directly or indirectly, money or
things of value for such purpose.
Sec. 90. Comelec space. - The Commission shall procure space in at
least one newspaper of general circulation in every province or city:
Provided, however, That in the absence of said newspaper,
publication shall be done in any other magazine or periodical in said
province or city, which shall be known as "Comelec Space" wherein
candidates can announce their candidacy. Said space shall be
allocated, free of charge, equally and impartially by the Commission
among all candidates within the area in which the newspaper is
circulated.
Sec. 91. Comelec poster area. - Whenever practicable, the
Commission shall also designate and provide for a common poster
are in strategic places in each town wherein candidates can
announce and further their candidacy through posters, said space to
be likewise allocated free of charge, equally and impartially by the
Commission among all the candidates concerned.
Sec. 92. Comelec time. - The Commission shall procure radio and
television time to be known as "Comelec Time" which shall be
allocated equally and impartially among the candidates within the
area of coverage of all radio and television stations. For this
purpose, the franchise of all radio broadcasting and television

station are hereby amended so as to provide radio television time,

free of charge, during the period of the campaign.
Sec. 93. Comelec information bulletin. - The Commission shall cause
the printing, and supervise the dissemination of bulletins to be
known as "Comelec Bulletin" which shall be of such size as to
adequately contain the picture, bio-data and program of government
of every candidate. Said bulletin shall be disseminated to the voters
or displayed in such places as to give due prominence thereto. Any
candidate may reprint at his expense, any "Comelec Bulletin" upon
prior authority of the Commission: Provided, That the printing of the
names of the different candidates with their bio-data must be in
alphabetical
order
irrespective
of
party
affiliation.
ARTICLE XI.
ELECTORAL CONTRIBUTIONS AND EXPENDITURES
Sec. 94. Definitions. - As used in this Article:
(a) The term "contribution" includes a gift, donation, subscription,
loan, advance or deposit of money or anything of value, or a
contract, promise or agreement to contribute, whether or not legally
enforceable, made for the purpose of influencing the results of the
elections but shall not include services rendered without
compensation by individuals volunteering a portion or all of their
time in behalf of a candidate or political party. It shall also include
the use of facilities voluntarily donated by other persons, the money
value of which can be assessed based on the rates prevailing in the
area.
(b) The term "expenditure" includes the payment or delivery of
money of anything of value, or a contract, promise or agreement to
make an expenditure, for the purpose of influencing the results of
the election. It shall also include the use of facilities personally
owned by the candidate, the money value of the use of which can be
assessed based on the rates prevailing in the area.
(c) The term "person" includes an individual, partnership,
committee, association, corporation, and any other organization or
group of persons.
Sec. 95. Prohibited contributions. - No contribution for purposes of
partisan political activity shall be made directly or indirectly by any
of the following:
(a) Public or private financial institutions: Provided, however, That
nothing herein shall prevent the making of any loan to a candidate
or political party by any such public or private financial institutions
legally in the business of lending money, and that the loan is made
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in accordance with laws and regulations and in the ordinary course

of business;
(b) Natural and juridical persons operating a public utility or in
possession of or exploiting any natural resources of the nation;
(c) Natural and juridical persons who hold contracts or subcontracts to supply the government or any of its divisions,
subdivisions or instrumentalities, with goods or services or to
perform construction or other works;
(d) Natural and juridical persons who have been granted franchises,
incentives, exemptions, allocations or similar privileges or
concessions by the government or any of its divisions, subdivisions
or instrumentalities, including government-owned or controlled
corporations;
(e) Natural and juridical persons who, within one year prior to the
date of the election, have been granted loans or other
accommodations in excess of P100,000 by the government or any of
its divisions, subdivisions or instrumentalities including governmentowned or controlled corporations;
(f) Educational institutions which have received grants of public
funds amounting to no less than P100,000.00;
(g) Officials or employees in the Civil Service, or members of the
Armed Forces of the Philippines; and
(h) Foreigners and foreign corporations.
It shall be unlawful for any person to solicit or receive any
contribution from any of the persons or entities enumerated herein.
Sec. 96. Soliciting or receiving contributions from foreign sources. It shall be unlawful for any person, including a political party or
public or private entity to solicit or receive, directly or indirectly, any
aid or contribution of whatever form or nature from any foreign
national, government or entity for the purposes of influencing the
results of the election.
Sec. 97. Prohibited raising of funds. - It shall be unlawful for any
person to hold dances, lotteries, cockfights, games, boxing bouts,
bingo, beauty contests, entertainments, or cinematographic,
theatrical or other performances for the purpose of raising funds for
an election campaign or for the support of any candidate from the
commencement of the election period up to and including election
day; or for any person or organization, whether civic or religious,
directly or indirectly, to solicit and/or accept from any candidate for
public office, or from his campaign manager, agent or
representative, or any person acting in their behalf, any gift, food,
transportation, contribution or donation in cash or in kind from the
commencement of the election period up to and including election

day; Provided, That normal and customary religious stipends, tithes,

or collections on Sundays and/or other designated collection days,
are excluded from this prohibition.
Sec. 98. True name of contributor required. - No person shall make
any contribution in any name except his own nor shall any candidate
or treasurer of a political party receive a contribution or enter or
record the same in any name other than that of the person by whom
it was actually made.
Sec. 99. Report of contributions. - Every person giving contributions
to any candidate, treasurer of the party, or authorized
representative of such candidate or treasurer shall, not later than
thirty days after the day of the election, file with the Commission a
report under oath stating the amount of each contribution, the name
of the candidate, agent of the candidate or political party receiving
the contribution, and the date of the contribution.
Sec. 100. Limitations upon expenses of candidates. - No candidate
shall spend for his election campaign an aggregate amount
exceeding one peso and fifty centavos for every voter currently
registered in the constituency where he filed his candidacy:
Provided, That the expenses herein referred to shall include those
incurred or caused to be incurred by the candidate, whether in cash
or in kind, including the use, rental or hire of land, water or aircraft,
equipment, facilities, apparatus and paraphernalia used in the
campaign: Provided, further, That where the land, water or aircraft,
equipment, facilities, apparatus and paraphernalia used is owned by
the candidate, his contributor or supporter, the Commission is
hereby empowered to assess the amount commensurate with the
expenses for the use thereof, based on the prevailing rates in the
locality and shall be included in the total expenses incurred by the
candidate.
Sec. 101. Limitations upon expenses of political parties. - A duly
accredited political party may spend for the election of its candidates
in the constituency or constituencies where it has official candidates
an aggregate amount not exceeding the equivalent of one peso and
fifty centavos for every voter currently registered therein. Expenses
incurred by branches, chapters, or committees of such political party
shall be included in the computation of the total expenditures of the
political party.
Expenses incurred by other political parties shall be considered as
expenses of their respective individual candidates and subject to
limitation under Section 100 of this Code.
Sec. 102. Lawful expenditures. - To carry out the objectives of the
preceding sections, no candidate or treasurer of a political party

shall, directly or indirectly, make any expenditure except for the

following purposes:
(a) For travelling expenses of the candidates and campaign
personnel in the course of the campaign and for personal expenses
incident thereto;
(b) For compensation of campaigners, clerks, stenographers,
messengers, and other persons actually employed in the campaign;
(c) For telegraph and telephone tolls, postage, freight and express
delivery charges;
(d) For stationery, printing and distribution of printed matters
relative to candidacy;
(e) For employment of watchers at the polls;
(f) For rent, maintenance and furnishing of campaign headquarters,
office or place of meetings;
(g) For political meetings and rallies and the use of sound systems,
lights and decorations during said meetings and rallies;
(h)
For
newspaper,
radio,
television
and
other
public
advertisements;
(i) For employment of counsel, the cost of which shall not be taken
into account in determining the amount of expenses which a
candidate or political party may have incurred under Section 100 and
101 hereof;
(j) For copying and classifying list of voters, investigating and
challenging the right to vote of persons registered in the lists the
costs of which shall not be taken into account in determining the
amount of expenses which a candidate or political party may have
incurred under Sections 100 and 101 hereof; or
(k) For printing sample ballots in such color, size and maximum
number as may be authorized by the Commission and the cost of
such printing shall not be taken into account in determining the
amount of expenses which a candidate or political party may have
incurred under Sections 100 and 101 hereof.
Sec. 103. Persons authorized to incur election expenditures. - No
person, except the candidate, the treasurer of a political party or any
person authorized by such candidate or treasurer, shall make any
expenditure in support of or in opposition to any candidate or
political party. Expenditures duly authorized by the candidate or the
treasurer of the party shall be considered as expenditures of such
candidate or political party.
The authority to incur expenditures shall be in writing, copy of which
shall be furnished the Commission signed by the candidate or the
treasurer of the party and showing the expenditures so authorized,
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and shall state the full name and exact address of the person so
designated.
Sec. 104. Prohibited donations by candidates, treasurers of parties
or their agents. - No candidate, his or her spouse or any relative
within the second civil degree of consanguinity or affinity, or his
campaign manager, agent or representative shall during the
campaign period, on the day before and on the day of the election,
directly or indirectly, make any donation, contribution or gift in cash
or in kind, or undertake or contribute to the construction or repair of
roads, bridges, school buses, puericulture centers, medical clinics
and hospitals, churches or chapels cement pavements, or any
structure for public use or for the use of any religious or civic
organization: Provided, That normal and customary religious dues or
contributions, such as religious stipends, tithes or collections on
Sundays or other designated collection days, as well as periodic
payments for legitimate scholarships established and school
contributions habitually made before the prohibited period, are
excluded from the prohibition.
The
same
prohibition
applies
to
treasurers,
agents
or
representatives of any political party.
Sec. 105. Accounting by agents of candidate or treasurer. - Every
person receiving contributions or incurring expenditures by
authority of the candidate or treasurer of the party shall, on demand
by the candidate or treasurer of the party and in any event within
five days after receiving such contribution or incurring such
expenditure, render to the candidate or the treasurer of the party
concerned, a detailed account thereof with proper vouchers or
official receipts.
Sec. 106. Records of contributions and expenditures. - (a) It shall be
the duty of every candidate, treasurer of the political party and
person acting under the authority of such candidate or treasurer to
issue a receipt for every contribution received and to obtain and
keep a receipt stating the particulars of every expenditure made.
(b) Every candidate and treasurer of the party shall keep detailed,
full, and accurate records of all contributions received and
expenditures incurred by him and by those acting under his
authority, setting forth therein all information required to be
reported.
(c) Every candidate and treasurer of the party shall be responsible
for the preservation of the records of contributions and
expenditures, together with all pertinent documents, for at least
three years after the holding of the election to which they pertain
and for their production for inspection by the Commission or its duly

authorized representative, or upon presentation of a subpoena duces

tecum duly issued by the Commission. Failure of the candidate or
treasurer to preserve such records or documents shall be deemed
prima facie evidence of violation of the provisions of this Article.
Sec. 107. Statement of contributions and expenditures. - Every
candidate and treasurer of the political party shall, not later than
seven days, or earlier than ten days before the day of the election,
file in duplicate with the office indicated in the following section,
full, true and itemized, statement of all contributions and
expenditures in connection with the election.
Within thirty days after the day of the election, said candidate and
treasurer shall also file in duplicate a supplemental statement of all
contribution and expenditures not included in the statement filed
prior to the day of the election.
Sec. 108. Place for filing statements. - The statements of
contributions and expenditures shall be filed as follows:
(a) Those of candidates for President and Vice-President, with the
Commission.
(b) Those of candidates for Members of the Batasang Pambansa,
with the provincial election supervisor concerned, except those of
candidates in the National Capital Region which shall be filed with
the regional election director of said region.
(c) Those of candidates for provincial offices, with the provincial
election supervisor concerned.
(d) Those of candidates for city, municipal and barangay offices,
with the election registrar concerned.
If the statement is sent by mail, it shall be by registered mail, and
the date on which it was registered with the post office may be
considered as the filing date thereof if confirmed on the same date
by telegram or radiogram addressed to the office or official with
whom the statement should be filed.
The provincial election supervisors and election registrars concerned
shall, within fifteen days after the last day for the filing of the
statements, send to the Commission duplicate copies of all
statements filed with them.
Sec. 109. Form and contents of statement. - The statement shall be
in writing, subscribed and sworn to by the candidate or by the
treasurer of the party, shall be complete as of the date next
preceding the date of filing and shall set forth in detail (a) the
amount of contribution, the date of receipt, and the full name and
exact address of the person from whom the contribution was
received; (b) the amount of every expenditure, the date thereof, the
full name and exact address of the person to whom payment was
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made, and the purpose of the expenditure; (c) any unpaid obligation,
its nature and amount, and to whom said obligation is owing; and
(d) such other particulars which the Commission may require.
If the candidate or treasurer of the party has received no
contribution, made no expenditure, or has no pending obligation, the
statement shall reflect such fact.
Sec. 110. Preservation and inspection of statements. - All statements
of contributions and expenditures shall be kept and preserved at the
office where they are filed and shall constitute part of the public
records thereof for three years after the election to which they
pertain. They shall not be removed therefrom except upon order of
the Commission or of a competent court and shall, during regular
office hours, be subject and open to inspection by the public. The
officer in-charge thereof, shall, on demand, furnish certified copies
of any statement upon payment of the fee prescribed under Section
270 hereof.
It shall be the duty of the Commission to examine all statements of
contributions and expenditures of candidates and political parties to
determine compliance with the provisions of this Article.
Sec. 111. Effect of failure to file statement. - In addition to other
sanctions provided in this Code, no person elected to any public
office shall enter upon the duties of his office until he has filed the
statement of contributions and expenditures herein required.
The same prohibition shall apply if the political party which
nominated the winning candidate fails to file the statements
required herein within the period prescribed by this Code.
Sec. 112. Report of contractor and business firms. - Every person or
firm to whom any electoral expenditure is made shall, within thirty
days after the day of the election, file with the Commission a report
setting forth the full names and exact addresses of the candidates,
treasurers of political parties, and other persons incurring such
expenditures, the nature or purpose of each expenditure, the date
and costs thereof, and such other particulars as the Commission may
require. The report shall be signed and sworn to by the supplier or
contractor, or in case of a business firm or association, by its
president or general manager.
It shall be the duty of such person or firm to whom an electoral
expenditure is made to require every agent of a candidate or of the
treasurer of a political party to present written authority to incur
electoral expenditures in behalf of such candidate or treasurer, and
to keep and preserve at its place of business, subject to inspection
by the Commission or its authorized representatives, copies of such
written authority, contracts, vouchers, invoices and other records

and documents relative to said expenditures for a period of three

years after the date of the election to which they pertain.
It shall be unlawful for any supplier, contractor or business firm to
enter
into
contract
involving
election
expenditures
with
representatives of candidates or political parties without such
written
authority.
ARTICLE XII.
REGISTRATION OF VOTERS
Sec. 113. Permanent List of Voters. - Any provision of Presidential
Decree No. 1896 to the contrary notwithstanding, the list of voters
prepared and used in the election of Members of the Batasang
Pambansa on May 14, 1984, with such additions, cancellations and
corrections as may hereafter be made in accordance with the
provisions of this Code, shall constitute the permanent list of voters
in each city or municipality, as the case may be, until 1996.
For purposes of the next following election, the Commission, through
the election registrars, shall assign the proper precincts and polling
places to the registered voters in said list. Written notice of any such
change shall be made to the affected voters within two weeks
therefrom.
Sec. 114. Renewal of the Permanent List. - The list of voters
prepared in accordance with the preceding section shall be renewed
in nineteen hundred and ninety-six and every twelve years
thereafter.
Sec. 115. Necessity of Registration. - In order that a qualified elector
may vote in any election, plebiscite or referendum, he must be
registered in the permanent list of voters for the city or municipality
in which he resides.
Sec. 116. Who may be registered in the list. - All persons having
complied with the requisites herein prescribed for the registration of
voters shall be registered in the list, provided they possess all the
qualifications and none of the disqualifications of a voter. Those who
failed to register in the election of 1984, for any reason whatsoever,
may register in accordance with the provisions of this Code. Any
person who may not have on the date of registration the age or
period of residence required may also be registered upon proof that
on the date of the election, plebiscite or referendum he shall have
such qualifications.
Sec. 117. Qualifications of a voter. - Every citizen of the Philippines,
not otherwise disqualified by law, eighteen years of age or over, who
shall have resided in the Philippines for one year and in the city or

municipality wherein he proposes to vote for at least six months

immediately preceding the election, may be registered as a voter.
Any person who transfers residence to another city, municipality or
country solely by reason of his occupation; profession; employment
in private or public service; educational activities; work in military or
naval reservations; service in the army, navy or air force; the
constabulary or national police force; or confinement or detention in
government institutions in accordance with law, shall be deemed not
to have lost his original residence.
Sec. 118. Disqualifications. - The following shall be disqualified from
voting:
(a) Any person who has been sentenced by final judgment to suffer
imprisonment for not less than one year, such disability not having
been removed by plenary pardon or granted amnesty: Provided,
however, That any person disqualified to vote under this paragraph
shall automatically reacquire the right to vote upon expiration of five
years after service of sentence.
(b) Any person who has been adjudged by final judgment by
competent court or tribunal of having committed any crime involving
disloyalty to the duly constituted government such as rebellion,
sedition, violation of the anti-subversion and firearms laws, or any
crime against national security, unless restored to his full civil and
political rights in accordance with law: Provided, That he shall regain
his right to vote automatically upon expiration of five years after
service of sentence.
(c) Insane or incompetent persons as declared by competent
authority.
Sec. 119. Preparation of the permanent list of voters. - For the
preparation of the permanent list of voters in nineteen hundred and
ninety-six and every twelve years thereafter, the board of election
inspectors referred to in Article XIV hereof of each election precinct
shall hold four meetings on the seventh Saturday, seventh Sunday,
sixth Saturday and sixth Sunday preceding the date of the regular
election to be held. At these meetings the board shall prepare eight
copies of the list of voters of the precinct wherein it shall register
the electors applying for registration.
Sec. 120. Preparation of the list before other regular elections. - For
the preparation of the list before other regular elections, the board
of election inspectors of each election precinct shall meet in the
polling place on the seventh and sixth Saturdays before the day of
the election. At these meetings, the board shall prepare and certify
eight copies of the list of voters of the corresponding precinct
transferring thereto the names of the voters appearing in the list
chanroblesvirtuallawlibrary

used in the preceding election and including therein such new

qualified voters as may apply for registration, as provided in Section
126 hereof.
Sec. 121. Preparation of the list before any special election,
plebiscite or referendum. - For the preparation of the list of voters
before a special election, plebiscite or referendum, the board of
elections inspectors of each election precinct shall hold a meeting in
the polling place on the second Saturday following the day of the
proclamation calling such election. At this meeting the board shall
transfer the names of the voters appearing in the list used in the
preceding election and enter those of the newly registered voters.
Sec. 122. Transfer of names of voters from the permanent list to the
current one. - The transfer of the names of the voters of the precinct
already registered in the list used in the preceding election to the list
to be made as provided for in the two preceding sections is a
ministerial duty of the board, and any omission or error in copying
shall be corrected motu proprio, or upon petition of the interested
party, without delay and in no case beyond three days from the time
such error is noticed; and if the board should refuse, the interested
party may apply for such correction to the proper municipal or
metropolitan trial court which shall decide the case without delay
and in no case beyond three days from the date the petition is filed.
The decision of the proper municipal or metropolitan trial court shall
be final and unappealable in whatever form or manner.
To facilitate the transfer of names of voters, the election registrar
shall deliver the book of voters to the board of election inspectors on
the day before the registration of voters, to be returned after the
last day of registration.
Sec. 123. Cancellation and exclusion in the transfer of names. - In
transferring the names of the voters of the precinct from the list
used in the preceding election to the current list, the board shall
exclude those who have applied for the cancellation of their
registration, those who have died, those who did not vote in the
immediately preceding two successive regular elections, those who
have been excluded by court orders issued in accordance with the
provisions of this Code, and those who have been disqualified, upon
motion of any member of the board or of any elector or watcher,
upon satisfactory proof to the board and upon summons to the voter
in cases of disqualification. The motion shall be decided by the board
without delay and in no case beyond three days from its filing.
Should the board deny the motion, or fail to act thereon within the
period herein fixed, the interested party may apply for such
exclusion to the municipal or metropolitan trial court which shall

decide the petition without delay and in no case beyond three days
from the date the petition is filed. The decision of the court shall be
final. The poll clerk shall keep a record of these exclusions and shall
furnish three copies thereof to the election registrar who shall, in
turn keep one copy and send the two other copies thereof to the
provincial election supervisor and the Commission, to be attached by
them to the permanent list under their custody.
Sec. 124. Meeting to close the list of voters. - The board of election
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, plebiscite or
referendum whether it be Sunday or a legal holiday, for the purpose
of making such inclusions, exclusions, 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; and for the consecutive numbering of the
voters of the election precinct.
Should the board fail to include in the list of voters any person
ordered by competent court to be so included, said person shall,
upon presentation of a certified copy of the order of inclusion and
upon proper identification, be allowed by the board to vote.
Should the board fail to exclude from the list of voters any person
ordered by the court to be so excluded, the board shall not permit
said person to vote upon presentation to it by any interested party of
a certified copy of the order of exclusion.
Sec. 125. Re-registration. - A voter who is registered in the
permanent list of voters need not register anew for subsequent
elections unless he transfer residence to another city or
municipality, or his registration has been cancelled on the ground of
disqualification and such disqualification has been lifted or removed.
Likewise a voter whose registration has been cancelled due to
failure to vote in the preceding regular election may register anew in
the city or municipality where he is qualified to vote.
Sec. 126. Registration of voters. - On the seventh and sixth
Saturdays before a regular election or on the second Saturday
following the day of the proclamation calling for a new special
election, plebiscite or referendum, any person desiring to be
registered as a voter shall accomplish in triplicate before the board
of election inspectors a voter's affidavit in which shall be stated the
following data:
(a) Name, surname, middle name, maternal surname;
(b) Date and place of birth;
(c) Citizenship;
chanroblesvirtuallawlibrary

(d) Periods of residence in the Philippines and in the place of

registration;
(e) Exact address with the name of the street and house number or
in case there is none, a brief description of the locality and the place;
(f) A statement that the applicant has not been previously
registered, otherwise he shall be required to attach a sworn
application for cancellation of his previous registration; and
(g) Such other information or data which may be required by the
Commission.
The voter's affidavit shall also contain three specimens of the
applicant's signature and clear and legible prints of his left and right
hand thumbmarks and shall be sworn to and filed together with four
copies of the latest identification photograph to be supplied by the
applicant.
The oath of the applicant shall include a statement that he does not
have any of the disqualifications of a voter and that he has not been
previously registered in the precinct or in any other precinct.
Before the applicant accomplishes his voter's affidavit, the board of
election inspectors shall appraise the applicant of the qualifications
and disqualifications prescribed by law for a voter. It shall also see
to it that the accomplished voter's affidavit contain all the data
therein required and that the applicant's specimen signatures, the
prints of his left and right hand thumbmarks and his photograph are
properly affixed in each of the voter's affidavit.
Sec. 127. Illiterate or disabled applicants. - The voter's affidavit of
an illiterate or physically disabled person may be prepared by any
relative within the fourth civil degree of consanguinity of affinity or
by any member of the board of election inspectors who shall prepare
the affidavit in accordance with the data supplied by the applicant.
Sec. 128. Voter's identification. - The identification card issued to
the voter shall serve and be considered as a document for the
identification of each registered voter: Provided, however, That if
the voter's identity is challenged on election day and he cannot
present his voter identification card, his identity may be established
by the specimen signatures, the photograph or the fingerprints in his
voter's affidavit in the book of voters. No extra or duplicate copy of
the voter identification card shall be prepared and issued except
upon authority of the Commission.
Each identification card shall bear the name and the address of the
voter, his date of birth, sex, civil status, occupation, his photograph,
thumbmark, the city or municipality and number of the polling place
where he is registered, his signature, his voter serial number and
the signature of the chairman of the board of election inspectors.

Any voter previously registered under the provisions of Presidential

Decree Numbered 1896 who desires to secure a voter identification
card shall, on any registration day, provide four copies of his latest
identification photograph to the board of election inspectors which
upon receipt thereof shall affix one copy thereof to the voter's
affidavit in the book of voters, one copy to the voter identification
card to be issued to the voter and transmit through the election
registrar, one copy each to the provincial election supervisor and the
Commission to be respectively attached to the voter's affidavit in
their respective custody.
Sec. 129. Action by the board of election inspectors. - Upon receipt
of the voter's affidavit, the board of election inspectors shall
examine the data therein. If it finds that the applicant possesses all
the qualifications and none of the disqualifications of a voter, he
shall be registered. Otherwise, he shall not be registered.
The name and address of each registered voter shall, immediately
upon his registration, be entered in the proper alphabetical group in
the list after which the voter identification card shall be issued to the
voter.
Sec. 130. Provincial central file of registered voters. - There shall be
a provincial central file of registered voters containing the duplicate
copies of all approved voter's affidavits in each city and municipality
in the province which shall be under the custody and supervision of
the provincial election supervisor. The applications shall be compiled
alphabetically by precincts so as to make the file an exact replica of
the book of voters in the possession of the election registrar.
Should the book of voters in the custody of the election registrar be
lost or destroyed at a time so close to the election day that there is
no time to reconstitute the same, the corresponding book of voters
in the provincial file shall be used during the voting.
Sec. 131. National central file of registered voters. - There shall also
be a national central file or registered voters consisting of the
triplicate copies of all approved voters' affidavits in all cities and
municipalities which shall be prepared and kept in the central office
of the Commission. The applications in the national central file shall
be compiled alphabetically according to the surnames of the
registered voters regardless of the place of registration.
Sec. 132. Preservation of voter's affidavits. - A copy of the affidavit
of each voter shall be kept by the board of election inspectors until
after the election when it shall deliver the same to the election
registrar together with the copies of the list of voters and other
election papers for use in the next election. The election registrar
shall compile the voter's affidavits by precinct alphabetically in a

book of voters. The other two copies shall be sent by the board of
election inspectors on the day following the date of the affidavit to
the office of the provincial election supervisor and the Commission in
Manila. The provincial election supervisor and the Commission shall
respectively file and preserve the voter's affidavits by city and
municipality and in alphabetical order of their surnames. The fourth
copy shall be given to the voter as evidence of his registration.
Sec. 133. 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 closing of the list before the 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 of the registered voters
shall be written in alphabetical order followed by their respective
first 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. In the fourth column, shall be entered the
periods of residence in the Philippines and in the city or municipality.
In the fifth column, there shall be entered on the day of the election
the numbers of the ballots which were given successively to each
voter. In the sixth 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 seventh column, the signature of the
chairman of the board of election inspectors who has handed the
ballot to the voter. It will be sufficient that the fifth, sixth, and
seventh columns shall be filled in the copy of the list under the
custody of the board of election inspectors which shall see to it that
the thumbmark is stamped plainly.
Sec. 134. Certificate of the board of election inspectors in the list of
voters. - Upon the adjournment of each meeting for the registration
of voters, the board of election inspectors shall close each
alphabetical group of surnames of voters by writing the dates 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, as the case may be. 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.

Sec. 135. Publication of the list. - At the first hour of the working day
following the last day of registration of voters, the poll clerk shall
deliver to the election registrar a copy of the list certified to by the
board of election inspectors as provided in the preceding section;
another copy, also certified, shall be sent to the provincial election
supervisor of the province, and another, likewise certified, shall be
sent to the Commission, 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, where it may be conveniently consulted by the
interested parties. The chairman, poll clerk and the two members of
the board of election inspectors shall each keep a copy of the list
which may be inspected by the public in their residence or office
during regular office hours. Immediately after the meeting for the
closing of the list, the poll clerk shall also send a notice to the
election registrar, provincial election supervisor and the Commission
regarding the changes and the numbering above referred to, to be
attached to the copy of the list under their custody.
Sec. 136. Challenge of right to register. - Any person applying for
registration may be challenged before the board of election
inspectors on any registration day be any member, voter, candidate,
or watcher. The board shall then examine the challenged 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 no case beyond three days
from the date the challenge was made.
After the question has been decided, the board of election inspectors
shall give to each party a brief certified statement setting forth the
challenge and the decision thereon.
Sec. 137. Power of the board of election inspectors to administer
oaths and issue summons. - For the purpose of determining the right
of applicants to be registered as voters in the list, the board of
election inspectors shall have the same power to administer oaths,
to issue subpoena and subpoena duces tecum and to compel
witnesses to appear and testify, but the latter's fees and expenses
incident to the process shall be paid in advance by the party in
whose behalf the summons is issued.
Sec. 138. Jurisdiction in inclusion and exclusion cases. - The
municipal and metropolitan trial courts shall have original and
exclusive jurisdiction over all matters of inclusion and exclusion of
voters from the list in their respective municipalities or cities.

Decisions of the municipal or metropolitan trial courts may be

appealed directly by the aggrieved party to the proper regional trial
court within five days from receipt of notice thereof, otherwise said
decision of the municipal or metropolitan trial court shall become
final and executory after said period. The regional trial court shall
decide the appeal within ten days from the time the appeal was
received and its decision shall be immediately final and executory.
No motion for reconsideration shall be entertained by the courts.
Sec. 139. Petition for inclusion of voters in the list. - Any person
whose application for registration has been disapproved by the
board of election inspectors or whose name has been stricken out
from the list may apply, within twenty days after the last
registration day, to the proper municipal or metropolitan trial court,
for an order directing the board of election inspectors to include or
reinstate his name in the list, together with the certificate of the
board of election inspectors regarding his case and proof of service
of notice of his petition upon a member of the board of election
inspectors with indication of the time, place, and court before which
the petition is to be heard.
Sec. 140. Voters excluded through inadvertence or registered with
an erroneous or misspelled name. - Any voter registered in the
permanent list who has not been included in the list prepared for the
election or who has been included therein with a wrong or
misspelled name shall have the right to file an application on any
date with the proper municipal or metropolitan trial court, 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 of the preceding
election, together with proof that he has applied without success to
the board of election inspectors and that he has served notice
thereof upon a member of the board.
Sec. 141. Change of name of registered voter. - Any previously
registered voter whose name has been changed by reason of
marriage or by virtue of a court order may request the board of
election inspectors during any of its meetings held under this Article
that his registration in the list be recorded under his or her new
name.
Sec. 142. Petition for exclusion of voters from the list. - Any
registered voter in a city or municipality may apply at any time
except during the period beginning with the twenty-first day after
the last registration day of any election up to and including election
day with the proper municipal or metropolitan trial court, for the
exclusion of a voter from the list, giving the name and residence of

the latter, the precinct in which he is registered, and the grounds for
the challenge. The petition shall be sworn to and accompanied by
proof of notice to the board of election inspectors concerned, if the
same is duly constituted, and to the challenged voters.
Sec. 143. Common rules governing judicial proceedings in the matter
of inclusion, exclusion, and correction of names of voters. - (a)
Outside of regular office hours no petition for inclusion, exclusion, or
correction of names of voters shall be received.
(b) Notices to the members of the board of election inspectors and
to challenged voters shall state the place, day and hour in which
such petition shall be heard, and such notice may be made by
sending a copy thereof by registered mail or by personal delivery or
by leaving it in the possession of a person of sufficient discretion in
the residence of the said person or, in the event that the foregoing
procedure is not practicable, by posting a copy in a conspicuous
place in the city hall or municipal building and in two other
conspicuous places within the city or municipality, at least ten days
prior to the day set for the hearing.
In the interest of justice and to afford the challenged voter every
opportunity to contest the petition for exclusion, the court
concerned may, when the challenged voter fails to appear in the first
day set for the hearing, order that notice be effected in such manner
and within such period of time as it may decide, which time shall in
no case be more than ten days from the day the respondent is first
found in default.
(c) Each petition shall refer to only one precinct.
(d) No costs shall be assessed in these proceedings. However, if the
court should be satisfied that the application has been filed for the
sole purpose of molesting the adverse party and causing him to incur
expenses, it may condemn the culpable party to pay the costs and
incidental expenses.
(e) Any candidate who may be affected by the proceedings may
intervene and present his evidence.
(f) The decision shall be based on the evidence presented. If the
question is whether or not the voter is real or fictitious, his nonappearance on the day set for hearing shall be prima facie evidence
that the registered voter is fictitious. In no case shall a decision be
rendered upon a stipulation of facts.
(g) These applications shall be heard and decided without delay. The
decision shall be rendered within six hours after the hearing and
within ten days from the date of its filing in court. Cases appealed to
the regional trial court shall be decided within ten days from receipt
of the appeal in the office of the clerk of court. In any case, the court

shall decide these petitions not later than the day before the election
and the decision rendered thereon shall be immediately final and
executory, notwithstanding the provisions of Section 138 on the
finality of decisions.
Sec. 144. Canvass to check registration. - The election registrar
shall, once every two years or more often should the Commission
deem it necessary in order to preserve the integrity of the
permanent lists of voters, conduct verification by mail or house-tohouse canvass, or both, of the registered voters of any barangay for
purposes of exclusion proceedings.
Sec. 145. Annulment of permanent lists of voters. - Any book of
voters not prepared in accordance with the provisions of this Code or
the preparation of which has been effected with fraud, bribery,
forgery, impersonation, intimidation, force, or any other similar
irregularity or which list is statistically improbable may, upon
verified petition of any voter or election registrar, or duly registered
political party, and after notice and hearing, be annulled by the
Commission: Provided, That no order, ruling or decision annulling a
book of voters shall be executed within sixty days before an election.
Sec. 146. Reconstitution of lost or destroyed registration records. The Commission shall reconstitute all registration records which
have been lost or destroyed. For this purpose, it shall be the duty of
the election registrar to immediately report to the Commission any
case of loss or destruction of approved applications for registration
in their custody. Such reconstitution shall be made with the use of
the corresponding copies in the national or provincial central files of
registered voters: Provided, That if this is not feasible, the
registered voter concerned may be summoned by the election
registrar to effect such reconstitution by accomplishing a new
application. Reconstituted forms shall be clearly marked with the
word "reconstituted".
The reconstitution of any lost or destroyed application for
registration shall not affect the criminal liability of any person or
persons who may be responsible for such loss or destruction.
Sec. 147. Examination of registration records. - All registration
records in the possession of the city or municipal election registrar,
the provincial election supervisor, and the Commission shall, during
regular office hours, be open to examination by the public with
legitimate inquiries for purposes of election.
Law enforcement agencies shall, upon prior authorization by the
Commission, have access to said registration records should the
same be necessary to, or in aid of, their investigative functions and
duties, subject to regulations promulgated by the Commission.

Sec. 148. List of voters. - Fifteen days before the date of the regular
election or special election, referendum or plebiscite, the board of
election inspectors must post the final list of voters in each precinct
with each and every page thereof duly signed or subscribed and
sworn to by the members of the board of election inspectors and
that failure to comply with this provision will constitute an election
offense.
Any candidate or authorized representative of an accredited political
party, upon formal request made to an election registrar, shall be
entitled to a certified copy of the most recent list of voters in any
precinct, municipality, city or province, upon payment of a
reasonable fee as may be prescribed by the Commission.
ARTICLE XIII.
PRECINCTS AND POLLING PLACES
Sec. 149. Precincts and their establishment. - The unit of territory
for the purpose of voting is the election precinct, and every
barangay as of the approval of this Act shall have at least one such
precinct.
The Commission shall establish all election precincts.
The precincts actually established in the preceding regular election
shall be maintained, but the Commission may introduce such
adjustments, changes or new divisions or abolish them, if necessary:
Provided, however, That the territory comprising an election precinct
shall not be altered or a new precinct established within forty-five
days before a regular election and thirty days before a special
election or a referendum or plebiscite.
Sec. 150. Arrangements of election precincts. - (a) Each election
precinct shall have, as far as possible not more than three hundred
voters and shall comprise, as far as practicable, contiguous and
compact territory.
(b) When it appears that an election precinct contains more than
three hundred voters, the Commission shall, in the interest of
orderly election, and in order to facilitate the casting of votes, be
authorized to divide a precinct not later than one week after the last
day of registration of voters. But the polling place of all the precincts
created thereby shall be located in the same building or compound
where the polling place of the original precinct is located, and if this
be not feasible, in a place as close as possible to the polling place of
the original precinct: Provided, however, That the polling place of
the new precinct may be located elsewhere upon written petition of
the majority of the voters of the new precinct: Provided, further,

That when a precinct is divided into two or more precincts, the

registered voters shall be included in the precinct wherein they
reside. Every case of alteration of a precinct shall be duly published
by posting a notice of any change in conspicuous location in the
precinct, and in the municipal building or city hall, as the case may
be.
(c) A municipality which has been merged with another municipality
shall constitute at least one election precinct, if the distance
between the remotest barangay of the merged municipality and the
nearest polling place in the municipality to which it has been merged
shall, by the shortest road, exceed five kilometers.
(d) An island or group of islands having one hundred and fifty or
more voters shall constitute a precinct.
(e) Any alteration of the election precincts or the establishment of
new ones shall be communicated to the provincial election
supervisor, the provincial superintendent of schools, etc. together
with the corresponding maps, which shall be published as prescribed
in the next succeeding sections.
Sec. 151. Publication of maps or precincts. - At least five days before
the first registration day preceding a regular election or special
election or a referendum or a plebiscite, the Commission shall,
through its duly authorized representative, post in the city hall or
municipal building and in three other conspicuous places in the city
or municipality and on the door of each polling place, a map of the
city or municipality showing its division into precincts with their
respective boundaries and indicating therein all streets and alleys in
populous areas and the location of each polling place.
These maps shall be kept posted until after the election, referendum
or plebiscite.
Sec. 152. Polling place. - A polling place is the building or place
where the board of election inspectors conducts its proceedings and
where the voters shall cast their votes.
Sec. 153. Designation of polling places. - The location of polling
places designated in the preceding regular election shall continue
with such changes as the Commission may find necessary, after
notice to registered political parties and candidates in the political
unit affected, if any, and hearing: Provided, That no location shall be
changed within forty-five days before a regular election and thirty
days before a special election or a referendum or plebiscite, except
in case it is destroyed or it cannot be used.
Sec. 154. Requirements for polling places. - Each polling place shall
be, as far as practicable, a ground floor and shall be of sufficient size
to admit and comfortably accommodate forty voters at one time

outside the guard rail for the board of election inspectors. The
polling place shall be located within the territory of the precinct as
centrally as possible with respect to the residence of the voters
therein and whenever possible, such location shall be along a public
road. No designation of polling places shall be changed except upon
written petition of the majority of the voters of the precinct or
agreement of all the political parties or by resolution of the
Commission upon prior notice and hearing.
A public building having the requirements prescribed in the
preceding paragraph shall be preferred as polling place.
Sec. 155. Building that shall not be used as polling places. - No
polling place shall be located in a public or private building owned,
leased, or occupied by any candidate or of any person who is related
to any candidate within the fourth civil degree of consanguinity or
affinity, or any officer of the government or leader of any political
party, group or faction, nor in any building or surrounding premises
under the actual control of a private entity, political party or
religious organization. In places where no suitable public building is
available, private school buildings may be used as polling places. No
polling place shall be located within the perimeter of or inside a
military or police camp or reservation or within a prison compound.
Any registered voter, candidate or political party may petition the
Commission not later than thirty days before the first registration
day for the transfer of the polling place from the prohibited buildings
provided herein. Such petition shall be heard and decided by the
Commission within twenty days from the filing of the petition.
Failure to effect the transfer of the polling place after the
Commission found it to be located in violation of this section within
the period prescribed herein shall be a ground for the postponement
of the election in the polling place concerned.
Sec. 156. Signs and flags of polling places. - On the day of the voting
as well as on any day that the board of election inspectors might
meet, every polling place shall have in front a sign showing the
number of the precinct to which it belongs and the Philippine flag
shall be hoisted at the proper height.
Sec. 157. Arrangement and contents of polling places. - Each polling
place shall conform as much as possible to the sketch on the
following page.
Sec. 158. Voting booth. - During the voting, there shall be in each
polling place a booth for every twenty voters registered in the
precinct. Each booth shall be open on the side fronting the table for
the board of election inspectors and its three sides shall be closed
with walls at least seventy centimeters wide and two meters high.

The upper part shall be covered, if necessary, to preserve the

secrecy of the ballot. Each booth shall have in the background a
shelf so placed that voters can write therein while standing and shall
be kept clearly lighted, by artificial lights, if necessary, during the
voting.
The Commission shall post inside each voting booth and elsewhere
in the polling place on the day before the election, referendum and
plebiscite a list containing the names of all the candidates or the
issues or questions to be voted for, and shall at all times during the
voting period keep such list posted in said places.
Sec. 159. Guard rails. - (a) In every polling place there shall be a
guard rail between the voting booths and the table for the board of
election 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 election inspectors.
(b) There shall also be a guard rail for the watchers between the
place reserved for them and the table for the board of election
inspectors and at a distance of not more than fifty centimeters from
the latter so that the watchers may see and read clearly during the
counting of the contents of the ballots and see and count the votes
recorded by the board of election inspectors member on the
corresponding tally sheets.
(c) There shall also be, if possible, guard rails separating the table of
the board of election inspectors from the voters waiting for their
turn to cast their votes, with entrance and exit to give them orderly
access to the table and the booths during the voting.
(d) The polling place shall be so arranged that the booths, the table,
the ballot boxes and the whole polling place, except what is being
written within the booths, shall be in plain view of the board of
election inspectors, the watchers and other persons who may be
within the polling place.
Sec. 160. Ballot boxes. - (a) There shall be in each polling place on
the day of the voting a ballot box one side of which shall be
transparent which shall be set in a manner visible to the voting
public containing two compartments, namely, the compartment for
valid ballots which is indicated by an interior cover painted white
and the compartment for spoiled ballots which is indicated by an
interior cover painted red. The boxes shall be uniform throughout
the Philippines and shall be solidly constructed and shall be closed
with three different locks as well as three numbered security locks
and such other safety devices as the Commission may prescribe in

such a way that they can not be opened except by means of three
distinct keys and by destroying such safety devices.
(b) In case of the destruction or disappearance of any ballot box on
election day, the board of election inspectors shall immediately
report it to the city or municipal treasurer who shall furnish another
box or receptacle as equally adequate as possible. The election
registrar shall report the incident and the delivery of a new ballot
box by the fastest means of communication on the same day to the
Commission and to the provincial election supervisor.
Sec. 161. Tally boards. - At the beginning of the counting, there shall
be placed within the plain view of the board of election inspectors,
watchers and the public, a tally board where the names of all the
registered candidates or the issues or questions to be voted upon
shall be written, and the poll clerk shall record thereon the votes
received by each of them as the chairman of the board of election
inspectors reads the ballot.
Sec. 162. Furnishing of ballot boxes, forms, stationeries and
materials for election. - The Commission shall prepare and furnish
the ballot boxes, forms, stationeries and materials necessary for the
registration of voters and the holding of the election.
The provincial, city and municipal treasurer shall have custody of
such election paraphernalia, supplies and materials as are entrusted
to him under the law or rules of the Commission and shall be
responsible for their preservation and storage, and for any loss,
destruction, impairment or damage of any election equipment,
material or document in their possession furnished under this Code.
Sec. 163. Inspection of polling places. - Before the day of the
election, referendum or plebiscite, the Chairman of the Commission
shall, through its authorized representatives, see to it that all polling
places are inspected and such omissions and defects as may be
found corrected. The Commission shall keep the reports on these
inspections.
ARTICLE XIV.
BOARD OF ELECTION INSPECTORS
Sec.
164.
Composition
and
appointment
of
board
of
election inspectors. - At least thirty days before the date when the
voters list is to be prepare in accordance with this Code, in the case
of a regular election or fifteen days before a special election, the
Commission shall, directly or through its duly authorized
representatives, constitute a board of election inspectors for each
precinct to be composed of a chairman and a poll clerk who must be

public school teachers, priority to be given to civil service eligibles,

and two members, each representing the two accredited political
parties. The appointment shall state the precinct to which they are
assigned and the date of the appointment.
Sec. 165. Oath of the members of the board of election inspectors. The members of the board of election inspectors, whether
permanent, substitute or temporary, shall before assuming their
office, take and sign an oath upon forms prepared by the
Commission, before an officer authorized to administer oaths or, in
his absence, before any other member of the board of election
inspectors present, or in case no one is present, they shall take it
before any voter. The oaths shall be sent immediately to the city or
municipal treasurer.
Sec. 166. Qualification of members of the board of election
inspectors. - No person shall be appointed chairman, member or
substitute member of the board of election inspectors unless he is of
good moral character and irreproachable reputation, a registered
voter of the city or municipality, has never been convicted of any
election offense or of any other crime punishable by more than six
months of imprisonment, or if he has pending against him an
information for any election offense. He must be able to speak and
write English or the local dialect.
Sec. 167. Disqualification. - No person shall serve as chairman or
member of the board of election inspectors if he is related within the
fourth civil degree of consanguinity or affinity to any member of the
board of election inspectors or to any candidate to be voted for in
the polling place or his spouse.
Sec. 168. Powers of the board of election inspectors. - The board of
election inspectors shall have the following powers and functions:
a. Conduct the voting and counting of votes in their respective
polling places;
b. Act as deputies of the Commission in the supervision and control
of the election in the polling places wherein they are assigned, to
assure the holding of the same in a free, orderly and honest manner;
and
c. Perform such other functions prescribed by this Code or by the
rules and regulations promulgated by the Commission.
Sec. 169. Voting privilege of members of board of election
inspectors. - Members of the board of election inspectors and their
substitutes may vote in the polling place where they are assigned on
election day: Provided, That they are registered voters within the
province, city or municipality where they are assigned: and
Provided, finally, That their voting in the polling places where they
chanroblesvirtuallawlibrary

are not registered voters be noted in the minutes of the board of

election inspectors.
Sec. 170. Relief and substitution of members of the board of election
inspectors. - Public school teachers who are members of the board
of election inspectors shall not be relieved nor disqualified from
acting as such members, except for cause and after due hearing.
Any member of the board of election inspectors, nominated by a
political party, as well as his substitute may at any time be relieved
from office and substituted with another having the legal
qualifications upon petition of the authorized representative of the
party upon whose nomination the appointment was made, and it
shall be unlawful to prevent said person from, or disturb him in, the
performance of the duties of the said office. A record of each case of
substitution shall be made, setting forth therein the hour in which
the replaced member has ceased in the office and the status of the
work of the board of election inspectors. Said record shall be signed
by each member of the board of election inspectors including the
incoming and outgoing officers.
Sec. 171. Vacancy in the board of election inspectors. - Every
vacancy in the board of election inspectors shall be filled for the
remaining period in the manner hereinbefore prescribed.
Sec. 172. Proceedings of the board of election inspectors. - The
meetings of the board of election inspectors shall be public and shall
be held only in the polling place authorized by the Commission.
The board of election inspectors shall have full authority to maintain
order within the polling place and its premises, to keep access
thereto open and unobstructed, and to enforce obedience to its
lawful orders. If any person shall refuse to obey lawful orders of the
board of election inspectors, or shall conduct himself in a disorderly
manner in its presence or within its hearing and thereby interrupt or
disturb its proceedings, the board of election inspectors may issue
an order in writing directing any peace officer to take such person
into custody until the adjournment of the meeting, but such order
shall not be executed as to prevent any person so taken into custody
from exercising his right to vote. Such order shall be executed by
any peace officer to whom it may be delivered, but if none be
present, by any other person deputized by the board of election
inspectors in writing.
Sec. 173. Prohibition of political activity. - No member of the board
of election inspectors shall engage in any partisan political activity
or take part in the election except to discharge his duties as such
and to vote.

Sec. 174. Functioning of the board of election inspectors. - The board

of election inspectors shall act through its chairman, and shall
decide without delay by majority vote all questions which may arise
in the performance of its duties.
Sec. 175. Temporary vacancies. - If, at the time of the meeting of the
board of election inspectors, any member is absent, or the office is
still vacant, the members present shall call upon the substitute or
the absent members to perform the duties of the latter; and, in case
such substitute cannot be found, the members present shall appoint
any non-partisan registered voter of the polling place to temporarily
fill said vacancy until the absent member appears or the vacancy is
filled. In case there are two or more members present, they shall act
jointly: Provided, That if the absent member is one who has been
proposed by an accredited political party, the representative of said
political party or in his absence the watchers belonging to said party
shall designate a registered voter of the polling place to temporarily
fill said vacancy: Provided, further, That in the event or refusal or
failure of either representative or watchers of said political party to
make the designation, the members of the board of election
inspectors present shall choose a non-partisan registered voter of
the polling place to fill the vacancy.
Sec. 176. Temporary designation of members of the board of
election inspectors by watchers. - If at the time the board of election
inspectors must meet, all the positions in the board of election
inspectors are vacant, or if not one of the appointed members shall
appear, the watchers present may designate voters of the polling
place to act in the place of said members until the absentees shall
appear or the vacancies are filled.
Sec. 177. Arrest of absent members. - The member or members of
the board of election inspectors present may order the arrest of any
other member or substitute thereof, who in their judgment, has
absented himself with intention of obstructing the performance of
duties
of
the
board
of
election
inspectors.
ARTICLE XV.
WATCHERS
Sec. 178. Official watchers of candidates. - Every registered political
party, coalition of political parties and every independent candidate
shall each be entitled to one watcher in every polling place.
No person shall be appointed watcher unless he is a qualified voter
of the city or municipality, of good reputation and shall not have
been convicted by final judgment of any election offense or of any

other crime, must know how to read and write Pilipino, English,
Spanish or any of the prevailing local dialects, and not related within
the fourth civil degree of consanguinity or affinity to the chairman or
any member of the board of election inspectors in the polling place
where he seeks appointment as a watcher.
Each candidate, political party or coalition of political parties shall
designate in every province, highly urbanized city or district in the
Metropolitan Manila area, a representative authorized to appoint
watchers, furnishing the provincial election supervisor or the city
election registrar, as the case may be, the names of such
representatives. The provincial election supervisors shall furnish the
municipal election registrars and election registrars of component
cities with the list of such representatives.
In the case of Metropolitan Manila, the designation of the persons
authorized to appoint watchers shall be filed with the Commission,
which shall furnish the list of such representatives to the respective
city and municipal election registrars.
Sec. 179. Rights and duties of watchers. - Upon entering the polling
place, the watchers shall present and deliver to the chairman of the
board of election inspectors his appointment, and forthwith, his
name shall be recorded in the minutes with a notation under his
signature that he is not disqualified under the second paragraph of
Section 178. The appointments of the watchers shall bear the
personal signature or the facsimile signature of the candidate or the
duly authorized representatives of the political party or coalition of
political parties who appointed him or of organizations authorized by
the Commission under Section 180. The watchers shall have the
right to stay in the space reserved for them inside the polling place.
They shall have the right to witness and inform themselves of the
proceedings of the board of election inspectors, including its
proceedings during the registration of voters, to take notes of what
they may see or hear, to take photographs of the proceedings and
incidents, if any, during the counting of votes, as well as of election
returns, tally boards and ballot boxes, to file a protest against any
irregularity or violation of law which they believe may have been
committed by the board of election inspectors or by any of its
members or by any persons, to obtain from the board of election
inspectors a certificate as to the filing of such protest and/or of the
resolution thereon, to read the ballots after they shall have been
read by the chairman, as well as the election returns after they shall
have been completed and signed by the members of the board of
election inspectors without touching them, but they shall not speak
to any member of the board of election inspectors, or to any voter,

or among themselves, in such a manner as would distract the

proceedings, and to be furnished with a certificate of the number of
votes in words and figures cast for each candidate, duly signed and
thumbmarked by the chairman and all the members of the board of
election inspectors. Refusal of the chairman and the members of the
board of election inspectors to sign and furnish such certificate shall
constitute an election offense and shall be penalized under this
Code.
Sec. 180. Other watchers. - The duly accredited citizens arm of the
Commission shall be entitled to appoint a watcher in every polling
place. Other civic, religious, professional, business, service, youth
and any other similar organizations, with prior authority of the
Commission, shall be entitled collectively to appoint one watcher in
every
polling
place.
ARTICLE XVI.
OFFICIAL BALLOTS AND ELECTION RETURNS
Sec. 181. Official ballots. - Ballots for national and local offices shall
be of uniform size and color and shall be provided at public expense.
They shall be printed on paper with watermarks or other marks that
will readily distinguish the ballot paper 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 on the middle portion thereof the coat of arms of the
Republic of the Philippines, the words "Official Ballot", the name of
the city or the municipality and province in which the election is
held, the date of the election, and the following notice: "Fill out this
ballot secretly inside the voting booth. Do not put any distinctive
mark on any part of this ballot."
The ballot shall also contain the names of all the offices to be voted
for in the election, allowing opposite the name of each office,
sufficient space or spaces with horizontal lines where the voter may
write the name or names of the individual candidates voted for by
him.
There shall not be anything on the reverse side of the ballot.
Ballots in cities and municipalities where Arabic is of general use
shall have each of the titles of offices to be voted printed in Arabic in
addition to and immediately below the English title.
Notwithstanding the preceding provisions of this section, the
Commission is hereby empowered to prescribe a different form of
ballot to facilitate voting by illiterate voters and to use or adopt the

latest technological and electronic devices as authorized under

paragraph (i) of Section 52 hereof.
Sec. 182. Emergency ballots. - No ballots other than the official
ballots shall be used or counted, except in the event of failure to
receive the official ballots on time, or where there are no sufficient
ballots for all registered voters or where they are destroyed at such
time as shall render it impossible to provide other official ballots, in
which cases the city or municipal treasurer shall provide other
ballots which shall be as similar to the official ones as circumstances
will permit and which shall be uniform within each polling place. The
treasurer shall immediately report such action to the Commission.
The municipal treasurer shall not undertake the preparation of the
emergency ballots unless the political parties, candidates and the
organizations collectively authorized by the Commission to
designate watchers have been sufficiently notified to send their
representatives and have agreed in writing to the preparation and
use of emergency ballots.
Sec. 183. Requisition of official ballots and election returns. - Official
ballots and election returns shall be printed upon orders of the
Commission. Requisition of official ballots shall be for each city and
municipality, at the rate of one and one-fifth ballots for every
registered voter in the next preceding election; and for election
returns, at one set thereof for every polling place.
Sec. 184. Printing of official ballots and elections returns. - The
official ballots and election returns shall be printed by the
Government Printing Office and/or the Central Bank printing
facilities exclusively, under the exclusive supervision and control of
the Commission which shall determine and provide the necessary
security measures in the printing, storage and distribution thereof.
Each ballot shall be joined by a perforated line to a stub numbered
consecutively, beginning with number "1" in each city and
municipality. Each ballot shall also have at the bottom a detachable
coupon bearing the same number of the stub. Each pad of ballots
shall bear on its cover the name of the city or municipality in which
the ballots are to be used and the inclusive serial numbers of the
ballots contained therein.
The official ballots shall be bound in separate pads of fifty or one
hundred ballots each as may be required.
The election returns shall be prepared in sets of six copies per set
and shall be numbered consecutively, beginning with number "1" in
each city and municipality. Each set of the election returns shall be
printed in such a manner that will ensure that the entries on the
original of the returns are clearly reproduced on the other copies

thereof and shall bear the name of the city or municipality in which
the returns are to be used. For this purposes, the Commission shall
acquire, if necessary, a special kind of carbon paper or chemically
treated paper.
Sec. 185. Sample official ballots. - The Commission shall provide the
board of election inspectors with sample official ballots at the rate of
thirty ballots per polling place. The sample official ballots shall be
printed on colored paper, in all respects like the official ballots but
bearing instead the words "Sample Official Ballot", 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 the spaces for voting on the sample official ballots
provided by the Commission, nor shall they be used for voting.
Sec. 186. Distribution of official ballots and election returns. - The
official ballots and the election returns shall be distributed by the
Commission to each city and municipality at the rate of one and onefifth ballots for every voter registered in each polling place; and for
election returns, at the rate of one set each for every polling place.
The provincial, city or municipal treasurer shall respectively keep a
record of the quantity and serial numbers of official ballots and
election
returns
furnished
the
various
provinces,
cities,
municipalities and polling places, as the case may be, legible copies
of which record shall be furnished the duly authorized provincial,
city or municipal representatives of the ruling party and the
dominant opposition party, and the Commission immediately after
the distribution is made of such official ballots and election returns.
The Commission shall prescribe the use of official delivery receipts
to be signed by the election registrar and the chairman of the board
of canvassers upon receipt of the election returns.
No official ballots or election returns shall be delivered to the board
of election inspectors earlier than the first hour of election day:
Provided, however, That the Commission, after written notice to the
registered political parties and the candidates, may, for justifiable
reasons, authorize the delivery of said official ballots and election
returns to the board of election inspectors of any particular polling
place at an earlier date.
Sec. 187. Committee on printing, storage, and distribution of official
ballots and election returns. - The Commission shall appoint a
committee of five members, two of whom shall be from among its
personnel, the third to be designated by the Commission on Audit,
and the last two to be designated by the ruling party and the
dominant opposition party to act as its representatives in

supervising the printing, storage and distribution of official ballots

and election returns.
Upon the request of any candidate, political party or of civic,
religious, professional, business, service, youth or any similar
organizations collectively designated by the Commission, the latter
shall allow any person designated by any of the former as watcher to
observe the proceedings of the committee on the printing of official
ballots and election returns, file objections, if any, witness the
printing and distribution of the ballots and the returns and guard the
premises of the printer.
Sec. 188. Duties of the committee on printing of official ballots and
election returns. - Under such orders or instructions as the
Commission may issue, and in addition to general supervision and
control over the printing and shipment of official ballots and election
returns, the committee on printing of official ballots and election
returns shall (a) take charge of the room or rooms where the paper
and paraphernalia used in the printing of official ballots and election
returns are stored and where printed official ballots and election
returns are packed and prepared for shipment, (b) supervise all
aspects relating to the printing, storage and shipment of official
ballots and election returns and report to the Commission any
irregularity which they believe may have been committed, and (c)
perform such other related functions as the Commission may direct.
Sec. 189. Representatives of the registered political parties in the
verification and distribution of official ballots and election returns. The ruling party and the dominant opposition party or their
respective duly authorized representatives in the different
provinces, cities and municipalities, shall submit the names of their
respective watchers who, together with the representatives of the
Commission and the provincial, city and municipal treasurer shall
verify the contents of the boxes containing the shipment of official
ballots, election returns and sample official ballots received by the
said treasurers. The provincial treasurers shall keep a record of their
receipt and distribution to each municipal treasurer, while the city
and municipal treasurer shall each keep a record of their distribution
to
the
board
of
election
inspectors.
ARTICLE XVII.
CASTING OF VOTES
Sec. 190. Voting hours. - The casting of votes shall start at seven
o'clock in the morning and shall end at three 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 voting shall continue but only to allow said voters to
cast their votes without interruption. The poll clerk shall, without
delay, prepare a complete list containing the names of said voters
consecutively numbered, and the voters so listed shall be called to
vote by announcing each name repeatedly three times in the order in
which they are listed. Any voter in the list who is not present when
his name is called out shall not be permitted to vote.
Sec. 191. Preliminaries to the voting. - (a) The board of election
inspectors shall meet at the polling place at six-thirty o'clock in the
morning of election day and shall have the book of voters containing
all the approved applications of registration of voters pertaining to
the polling place, the certified list of voters, the certified list of
candidates, the ballot box, the official ballots, sufficient indelible
pencils or ball pens for the use of the voters, the forms to be used,
and all other materials which may be necessary.
(b) Immediately thereafter, the chairman of the board of election
inspectors shall open the ballot box, empty both of its
compartments, exhibit them to all those present and being empty,
lock its interior covers with three padlocks.
(c) The chairman shall forthwith show to the public and the
watchers present the package of official ballots received from the
city, or municipal treasurer duly wrapped and sealed and the number
of pads, the serial numbers and the type forms of the ballots in each
pad appearing on the cover, and the book of voters duly sealed. The
board of election inspectors shall then break the seals of the
package of official ballots and the book of voters. The board of
election inspectors shall enter in the minutes the fact that the
package of ballots, and the book of voters were shown to the public
with their wrapping and corresponding seals intact and/or if they
find that the wrapping and seals are broken, such fact must be
stated in the minutes as well as the number of pads and the serial
numbers of ballots that they find in the package.
Ballots with separately printed serial numbers shall be deemed
spurious and shall not be utilized by the board of election inspectors
unless the Commission representative shall order their use in
writing, stating the reasons therefor.
(d) The chairman and the two party members of the board of
election inspectors shall retain in their possession their respective
keys to the padlocks during the voting.
(e) The box shall remain locked until the voting is finished and the
counting begins. However, if it should become necessary to make
room for more ballots, the board of election inspectors may open the

box in the presence of the whole board of election inspectors and

the watchers, and the chairman shall press down with his hands the
ballots contained therein without removing any of them, after which
the board of election inspectors shall close the box and lock it with
three padlocks as hereinbefore provided.
Sec. 192. Persons allowed in and around the polling place. - During
the voting, no person shall be allowed inside the polling place,
except the members of the board of election inspectors, the
watchers, the representatives of the Commission, the voters casting
their votes, the voters waiting for their turn to get inside the booths
whose number shall not exceed twice the number of booths and the
voters waiting for their turn to cast their votes whose number shall
not exceed twenty at any one time. The watchers shall stay only in
the space reserved for them, it being illegal for them to enter places
reserved for the voters or for the board of election inspectors or to
mingle and talk with the voters within the polling place.
It shall be unlawful for any officer or member of the Armed Forces of
the Philippines including the Philippine Constabulary or the
Integrated National Police or peace officer or any armed person
belonging to any extra-legal police agency, special forces, reaction
forces, strike forces, home defense units, barangay tanod, or other
similar forces or para-military forces, including special forces,
security guards, special policeman, and all other kinds of armed or
unarmed extra-legal police officers, to enter any polling place,
unless it is his polling place where he will vote but in such case he
should immediately leave the polling place, no policeman or peace
officer shall be allowed to enter or stay inside the polling place
except when there is an actual disturbance of the peace and order
therein. However, the board of election inspectors upon majority
vote, if it deems necessary, may make a call in writing, duly entered
in the minutes, for the detail of a policeman or any peace officer for
their protection or for the protection of the election documents and
paraphernalia, in which case, the said policeman or peace officer
shall stay outside the polling place within a radius of thirty meters
near enough to be easily called by the board of election inspectors at
any time, but never at the door, and in no case shall the said
policeman or peace officer hold any conversation with any voter or
disturb or prevent or in any manner obstruct the free access of the
voters to the polling place. It shall likewise be unlawful for any
barangay official to enter and stay inside any polling place except to
vote or except when serving as a watcher or member of the board of
election inspectors, in which case, he shall leave the polling place
immediately after voting.

Sec. 193. Order of voting. - The voters shall 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 unless there are
voters waiting inside, in which case they shall fall in line in the order
of their arrival and shall not crowd around the table of the board of
election inspectors. The voters after having cast their votes shall
immediately depart.
Sec. 194. Manner of obtaining ballots. - The voter shall approach the
chairman and shall give his name and address together with other
data concerning his person. In case any member of the board of
election inspectors doubts the identity of the voter, the board of
election inspectors shall check his voter's identification card or, if he
does not have any, the board of election inspectors shall refer to his
photograph and signature in the voter's application for registration.
If the board of election inspectors is satisfied with his identity, the
chairman shall distinctly announce the voter's name in a tone loud
enough to be plainly heard throughout the polling place. If such
voter has not been challenged, or if having been challenged, the
question has been decided in his favor, the voter shall forthwith affix
his signature in the proper space in the voting record, and the
chairman shall, after first entering the number of the ballot in the
corresponding space of the voting record, deliver to the voter one
ballot correctly folded. No person other than the chairman shall
deliver official ballots nor shall more than one ballot be delivered at
one time.
Sec. 195. Manner of preparing the ballot. - The voter, upon receiving
his folded ballot, shall forthwith proceed to one of the empty voting
booths and shall there fill his ballot by writing in the proper space
for each office the name of the individual candidate for whom he
desires to vote.
No voter shall be allowed to enter a booth occupied by another, nor
enter the same accompanied by somebody, except as provided for in
the succeeding section hereof, nor stay therein for a longer time
than necessary, nor speak with anyone other than as herein
provided while inside the polling place. It shall be unlawful to
prepare the ballot outside the voting booth, or to exhibit its contents
to any person, or to erase any printing from the ballot, or to
intentionally tear or deface the same or put thereon any
distinguishing mark. It shall likewise be unlawful to use carbon
paper, paraffin paper, or other means for making a copy of the
contents of the ballot or make use of any other means to identify the
vote of the voter.

Sec. 196. Preparation of ballots for illiterate and disabled persons. A voter who is illiterate or physically unable to prepare the ballot by
himself may be assisted in the preparation of his ballot by a relative,
by affinity or consanguinity within the fourth civil degree or if he has
none, by any person of his confidence who belong to the same
household or any member of the board of election inspectors, except
the two party members: Provided, That no voter shall be allowed to
vote as illiterate or physically disabled unless it is so indicated in his
registration record: Provided, further, That in no case shall an
assistor assist more than three times except the non-party members
of the board of election inspectors. The person thus chosen shall
prepare the ballot for the illiterate or disabled voter inside the voting
booth. The person assisting shall bind himself in a formal document
under oath to fill out the ballot strictly in accordance with the
instructions of the voter and not to reveal the contents of the ballot
prepared by him. Violation of this provision shall constitute an
election offense.
Sec. 197. Spoiled ballots. - If a voter should accidentally spoil or
deface a ballot in such a way that it cannot lawfully be used, he shall
surrender if folded to the chairman who shall note in the
corresponding space in the voting record that said ballot is spoiled.
The voter shall then be entitled to another ballot which the chairman
shall give him after announcing the serial number of the second
ballot and recording said serial number in the corresponding spaces
in the voting record. If the second ballot is again spoiled or defaced
in such a way that it cannot lawfully be used, the same shall be
surrendered to the chairman and recorded in the same manner as
the first spoiled or defaced ballot. However, no voter shall change
his ballot more than twice.
The spoiled ballot shall, without being unfolded and without
removing the detachable coupon, be distinctly marked with the word
"spoiled" and signed by the board of election inspectors on the
endorsement fold thereof and immediately placed in the
compartment for spoiled ballots.
Sec. 198. Voting. - (a) After the voter has filled his ballot he shall
fold it in the same manner as when he received it and return it to the
chairman.
(b) In the presence of all the members of the board of election
inspectors, he shall affix his thumbmark on the corresponding space
in the coupon, and deliver the folded ballot to the chairman.
(c) The chairman, in the presence and view of the voter and all the
members of the board of election inspectors, without unfolding the

ballot or seeing its contents, shall verify its number from the voting
record where it was previously entered.
(d) The voter shall fortwith affix his thumbmark by the side of his
signature in the space intended for that purpose in the voting record
and the chairman shall apply silver nitrate and commassie blue on
the right forefinger nail or on any other available finger nail, if there
be no forefinger nail.
(e) The chairman shall sign in the proper space beside the
thumbmark of the voter.
(f) The chairman, after finding everything to be in order, shall then
detach the coupon in the presence of the board of election
inspectors and of the voter and shall deposit the folded ballot in the
compartment for valid ballots, and the detached coupon in the
compartment for spoiled ballots.
(g) The voter shall then depart.
Any ballot returned to the chairman whose detachable coupon has
been removed not in the presence of the board of election inspectors
and of the voter, or any ballot whose number does not coincide with
the number of the ballot delivered to the voter, as entered in the
voting record, shall be considered as spoiled and shall be so marked
and signed by the members of the board of election inspectors.
Sec. 199. Challenge of illegal voters. - (a) Any voter, or watcher may
challenge any person offering to vote for not being registered, for
using the name of another or suffering from existing disqualification.
In such case, the board of election inspectors shall satisfy itself as to
whether or not the ground for the challenge is true by requiring
proof of registration or the identity of the voter; and
(b) No voter shall be required to present his voter's affidavit on
election day unless his identity is challenged. His failure or inability
to produce his voter's affidavit upon being challenged, shall not
preclude him from voting if his identity be shown from the
photograph, fingerprints, or specimen signatures in his approved
application in the book of voters or if he is identified under oath by a
member of the board of election inspectors and such identification
shall be reflected in the minutes of the board.
Sec. 200. Challenge based on certain illegal acts. - Any voter or
watcher may challenge any voter offering to vote on the ground that
the challenged person has received or expects to receive, has paid,
offered or promised to pay, has contributed, offered or promised to
contribute money or anything of value as consideration for his vote
or for the vote of another; that he has made or received a promise to
influence the giving or withholding of any such vote or that he has
made a bet or is interested directly or indirectly in a bet which

depends upon the result of the election. The challenged person shall
take a prescribed oath before the board of election inspectors that
he has not committed any of the acts alleged in the challenge. Upon
the taking of such oath, the challenge shall be dismissed and the
challenged voter shall be allowed to vote, but in case of his refusal
to take such oath, the challenge shall be sustained and he shall not
be allowed to vote.
Sec. 201. Admission of challenged vote immaterial in criminal
proceedings. - The admission of the challenged vote under the two
preceding sections shall not be conclusive upon any court as to the
legality of the registration of the voter challenged or his vote in a
criminal action against such person for illegal registration or voting.
Sec. 202. Record of challenges and oaths. - The poll clerk shall keep
a prescribed record of challenges and oaths taken in connection
therewith and the resolution of the board of election inspectors in
each case and, upon the termination of the voting, shall certify that
it contains all the challenges made. The original of this record shall
be attached to the original copy of the minutes of the voting as
provided in the succeeding section.
Sec. 203. Minutes of voting and counting of votes. - The board of
election inspectors shall prepare and sign a statement in four copies
setting forth the following:
1. The time the voting commenced and ended;
2. The serial numbers of the official ballots and election returns,
special envelopes and seals received;
3. The number of official ballots used and the number left unused;
4. The number of voters who cast their votes;
5. The number of voters challenged during the voting;
6. The names of the watchers present;
7. The time the counting of votes commenced and ended;
8. The number of official ballots found inside the compartment for
valid ballots;
9. The number of valid ballots, if any, retrieved from the
compartment for spoiled ballots;
10. The number of ballots, if any, found folded together;
11. The number of spoiled ballots withdrawn from the compartment
for valid ballots;
12. The number of excess ballots;
13. The number of marked ballots;
14. The number of ballots read and counted;
15. The time the election returns were signed and sealed in their
respective special envelopes;
16. The number and nature of protests made by watchers; and
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17. Such other matters that the Commission may require.

Copies of this statement after being duly accomplished shall be
sealed in separate envelopes and shall be distributed as follows: (a)
the original to the city or municipal election registrar; (b) the second
copy to be deposited inside the compartment for valid ballots of the
ballot box; and (c) the third and fourth copies to the representatives
of the accredited political parties.
Sec. 204. Disposition of unused ballots at the close of the
voting hours. - The chairman of the board of election inspectors shall
prepare a list showing the number of unused ballots together with
the serial numbers. This list shall be signed by all the members of
the board of election inspectors, after which all the unused ballots
shall be torn halfway in the presence of the members of the board of
election inspectors.
Sec. 205. Prohibition of premature announcement of voting. - No
member of the board of election inspectors shall, before the
termination of the voting, make any announcement as to whether a
certain registered voter has already voted or not, as to how many
have already voted or how many so far have failed to vote, or any
other fact tending to show or showing the state of the polls, nor
shall he make any statement at any time, except as witness before a
court,
as
to
how
any
person
voted.
ARTICLE XVIII.
COUNTING OF VOTES
Sec. 206. Counting to be public and without interruption. - As soon
as the voting is finished, the board of election inspectors shall
publicly count in the polling place the votes cast and ascertain the
results. The board of election inspectors shall not adjourn or
postpone or delay the count until it has been fully completed, unless
otherwise ordered by the Commission.
The Commission, in the interest of free, orderly, and honest
elections, may order the board of election inspectors to count the
votes and to accomplish the election returns and other forms
prescribed under this Code in any other place within a public
building in the same municipality or city: Provided, That the said
public building shall not be located within the perimeter of or inside
a military or police camp or reservation nor inside a prison
compound.
Sec. 207. Excess ballots. - Before proceeding to count the votes the
board of election inspectors shall count the ballots in the
compartment for valid ballots without unfolding them or exposing

their contents, except so far as to ascertain that each ballot is single,

and compare the number of ballots in the box with the number of
voters who have voted. If there are excess ballots, they shall be
returned in the box and thoroughly mixed therein, and the poll clerk,
without seeing the ballots and with his back to the box, shall
publicly draw out as may ballots as may be equal to the excess and
without unfolding them, place them in an envelope which shall be
marked "excess ballots" and which shall be sealed and signed by the
members of the board of election inspectors. The envelope shall be
placed in the compartment for valid ballots, but its contents shall not
be read in the counting of votes. If in the course of the examination
ballots are found folded together before they were deposited in the
box, they shall be placed in the envelope for excess ballots. In case
ballots with their detachable coupons be found in the box, such
coupons shall be removed and deposited in the compartment for
spoiled ballots, and the ballots shall be included in the file of valid
ballots. If ballots with the words "spoiled" be found in the box, such
ballots shall likewise be placed in the compartment for spoiled
ballots.
Sec. 208. Marked ballots. - The board of election inspectors shall
then unfold the ballots and determine whether there are any marked
ballots, and, if any be found, they shall be placed in an envelope
labelled "marked ballots" which shall be sealed and signed by the
members of the board of election inspectors and placed in the
compartment for valid ballots and shall not be counted. A majority
vote of the board of election inspectors shall be sufficient to
determine whether any ballot is marked or not. Non-official ballots
which the board of election inspectors may find, except those which
have been used as emergency ballots, shall be considered as marked
ballots.
Sec. 209. Compartment for spoiled ballots. - The ballots deposited in
the compartment for spoiled ballots shall be presumed to be spoiled
ballots, whether or not they contain such notation; but if the board
of election inspectors should find that during the voting any valid
ballot was erroneously deposited in this compartment, or if any
ballot separated as excess or marked had been erroneously
deposited therein, the board of election inspectors shall open said
compartment after the voting and before the counting of votes for
the sole purpose of drawing out the ballots erroneously deposited
therein. It shall then prepare and sign a statement of such fact and
lock the box with its three keys immediately thereafter. The valid
ballots so withdrawn shall be mixed with the other valid ballots, and
the excess or marked ballots shall be placed in their proper

envelopes which shall for such purposes be opened and again

labelled, sealed, signed and kept as hereinafter provided.
Sec. 210. Manner of counting votes. - The counting of votes shall be
made in the following manner: the board of election inspectors shall
unfold the ballots and form separate piles of one hundred ballots
each, which shall be held together with rubber bands, with
cardboard of the size of the ballots to serve as folders. The chairman
of the board of election inspectors shall take the ballots of the first
pile one by one and read the names of candidates voted for and the
offices for which they were voted in the order in which they appear
thereon, assuming such a position as to enable all of the watchers to
read such names. The chairman shall sign and affix his right hand
thumbmark at the back of the ballot immediately after it is counted.
The poll clerk, and the third member, respectively, shall record on
the election returns and the tally board or sheet each vote as the
names voted for each office are read.
Each vote shall be recorded by a vertical line, except every fifth vote
which shall be recorded by a diagonal line crossing the previous four
vertical lines. One party member shall see to it that the chairman
reads the vote as written on the ballot, and the other shall check the
recording of the votes on the tally board or sheet and the election
returns seeing to it that the same are correctly accomplished. After
finishing the first pile of ballots, the board of election inspectors
shall determine the total number of votes recorded for each
candidate, the sum being noted on the tally board or sheet and on
the election returns. In case of discrepancy such recount as may be
necessary shall be made. The ballots shall then be grouped together
again as before the reading. Thereafter, the same procedure shall be
followed with the second pile of ballots and so on successively. After
all the ballots have been read, the board of election inspectors shall
sum up the totals recorded for each candidate, and the aggregate
sum shall be recorded both on the tally board or sheet and on the
election returns. It shall then place the counted ballots in an
envelope provided for the purpose, which shall be closed signed and
deposited in the compartment for valid ballots. The tally board or
sheet as accomplished and certified by the board of election
inspectors shall not be changed or destroyed but shall be kept in the
compartment for valid ballots.
Sec. 211. Rules for the appreciation of ballots. - In the reading and
appreciation of ballots, every ballot shall be presumed to be valid
unless there is clear and good reason to justify its rejection. The
board of election inspectors shall observe the following rules,

bearing in mind that the object of the election is to obtain the

expression of the voter's will:
1. Where only the firs name of a candidate or only his surname is
written, the vote for such candidate is valid, if there is no other
candidate with the same first name or surname for the same office.
2. Where only the first name of a candidate is written on the ballot,
which when read, has a sound similar to the surname of another
candidate, the vote shall be counted in favor of the candidate with
such surname. If there are two or more candidates with the same
full name, first name or surname and one of them is the incumbent,
and on the ballot is written only such full name, first name or
surname, the vote shall be counted in favor of the incumbent.
3. In case the candidate is a woman who uses her maiden or married
surname or both and there is another candidate with the same
surname, a ballot bearing only such surname shall be counted in
favor of the candidate who is an incumbent.
4. When two or more words are written on the same line on the
ballot, all of which are the surnames of two or more candidates, the
same shall not be counted for any of them, unless one is a surname
of an incumbent who has served for at least one year in which case
it shall be counted in favor of the latter.
When two or more words are written on different lines on the ballot
all of which are the surnames of two or more candidates bearing the
same surname for an office for which the law authorizes the election
of more than one and there are the same number of such surnames
written as there are candidates with that surname, the vote shall be
counted in favor of all the candidates bearing the surname.
5. When on the ballot is written a single word which is the first name
of a candidate and which is at the same time the surname of his
opponent, the vote shall be counted in favor of the latter.
6. When two words are written on the ballot, one of which is the first
name of the candidate and the other is the surname of his opponent,
the vote shall not be counted for either.
7. A name or surname incorrectly written which, when read, has a
sound similar to the name or surname of a candidate when correctly
written shall be counted in his favor;
8. When a name of a candidate appears in a space of the ballot for
an office for which he is a candidate and in another space for which
he is not a candidate, it shall be counted in his favor for the office for
which he is a candidate and the vote for the office for which he is not
a candidate shall be considered as stray, except when it is used as a
means to identify the voter, in which case, the whole ballot shall be
void.
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If the word or words written on the appropriate blank on the ballot

is the identical name or surname or full name, as the case may be, of
two or more candidates for the same office none of whom is an
incumbent, the vote shall be counted in favor of that candidate to
whose ticket belong all the other candidates voted for in the same
ballot for the same constituency.
9. When in a space in the ballot there appears a name of a candidate
that is erased and another clearly written, the vote is valid for the
latter.
10. The erroneous initial of the first name which accompanies the
correct surname of a candidate, the erroneous initial of the surname
accompanying the correct first name of a candidate, or the
erroneous middle initial of the candidate shall not annul the vote in
favor of the latter.
11. The fact that there exists another person who is not a candidate
with the first name or surname of a candidate shall not prevent the
adjudication of the vote of the latter.
12. Ballots which contain prefixes such as "Sr.", "Mr.", "Datu",
"Don", "Ginoo", "Hon.", "Gob." or suffixes like "Hijo", "Jr.",
"Segundo", are valid.
13. The use of the nicknames and appellations of affection and
friendship, if accompanied by the first name or surname of the
candidate, does not annul such vote, except when they were used as
a means to identify the voter, in which case the whole ballot is
invalid: Provided, That if the nickname used is unaccompanied by
the name or surname of a candidate and it is the one by which he is
generally or popularly known in the locality, the name shall be
counted in favor of said candidate, if there is no other candidate for
the same office with the same nickname.
14. Any vote containing initials only or which is illegible or which
does not sufficiently identify the candidate for whom it is intended
shall be considered as a stray vote but shall not invalidate the whole
ballot.
15. If on the ballot is correctly written the first name of a candidate
but with a different surname, or the surname of the candidate is
correctly written but with different first name, the vote shall not be
counted in favor of any candidate having such first name and/or
surname but the ballot shall be considered valid for other
candidates.
16. Any ballot written with crayon, lead pencil, or in ink, wholly or in
part, shall be valid.
17. Where there are two or more candidates voted for in an office for
which the law authorizes the election of only one, the vote shall not

be counted in favor of any of them, but this shall not affect the
validity of the other votes therein.
18. If the candidates voted for exceed the number of those to be
elected, the ballot is valid, but the votes shall be counted only in
favor of the candidates whose names were firstly written by the
voter within the spaces provided for said office in the ballot until the
authorized number is covered.
19. Any vote in favor of a person who has not filed a certificate of
candidacy or in favor of a candidate for an office for which he did not
present himself shall be considered as a stray vote but it shall not
invalidate the whole ballot.
20. Ballots containing the name of a candidate printed and pasted on
a blank space of the ballot or affixed thereto through any mechanical
process are totally null and void.
21. Circles, crosses or lines put on the spaces on which the voter has
not voted shall be considered as signs to indicate his desistance
from voting and shall not invalidate the ballot.
22. Unless it should clearly appear that they have been deliberately
put by the voter to serve as identification marks, commas, dots,
lines, or hyphens between the first name and surname of a
candidate, or in other parts of the ballot, traces of the letter "T", "J",
and other similar ones, the first letters or syllables of names which
the voter does not continue, the use of two or more kinds of writing
and unintentional or accidental flourishes, strokes, or strains, shall
not invalidate the ballot.
23. Any ballot which clearly appears to have been filled by two
distinct persons before it was deposited in the ballot box during the
voting is totally null and void.
24. Any vote cast in favor of a candidate who has been disqualified
by final judgment shall be considered as stray and shall not be
counted but it shall not invalidate the ballot.
25. Ballots wholly written in Arabic in localities where it is of general
use are valid. To read them, the board of election inspectors may
employ an interpreter who shall take an oath that he shall read the
votes correctly.
26. The accidental tearing or perforation of a ballot does not annul it.
27. Failure to remove the detachable coupon from a ballot does not
annul such ballot.
28. A vote for the President shall also be a vote for the VicePresident running under the same ticket of a political party, unless
the voter votes for a Vice-President who does not belong to such
party.

Sec. 212. Election returns. - The board of election inspectors shall

prepare the election returns simultaneously with the counting of the
votes in the polling place as prescribed in Section 210 hereof. The
return shall be prepared in sextuplicate. The recording of votes shall
be made as prescribed in said section. The entry of votes in words
and figures for each candidate shall be closed with the signature and
the clear imprint of the thumbmark of the right hand of all the
members, likewise to be affixed in full view of the public,
immediately after the last vote recorded or immediately after the
name of the candidate who did not receive any vote.
The returns shall also show the date of the election, the polling
place, the barangay and the city of municipality in which it was held,
the total number of ballots found in the compartment for valid
ballots, the total number of valid ballots withdrawn from the
compartment for spoiled ballots because they were erroneously
placed therein, the total number of excess ballots, the total number
of marked or void ballots, and the total number of votes obtained by
each candidate, writing out the said number in words and figures
and, at the end thereof, the board of election inspectors shall certify
that the contents are correct. The returns shall be accomplished in a
single sheet of paper, but if this is not possible, additional sheets
may be used which shall be prepared in the same manner as the first
sheet and likewise certified by the board of election inspectors.
The Commission shall take steps so that the entries on the first copy
of the election returns are clearly reproduced on the second, third,
fourth, fifth, and sixth copies thereof, and for this purpose the
Commission shall use a special kind of paper.
Immediately upon the accomplishment of the election returns, each
copy thereof shall be sealed in the presence of the watchers and the
public, and placed in the proper envelope, which shall likewise be
sealed and distributed as herein provided.
Any election return with a separately printed serial number or which
bears a different serial number from that assigned to the particular
polling place concerned shall not be canvassed. This is to be
determined by the board of canvassers prior to its canvassing on the
basis of the certification of the provincial, city or municipal treasurer
as to the serial number of the election return assigned to the said
voting precinct, unless the Commission shall order in writing for its
canvassing, stating the reason for the variance in serial numbers.
If the signatures and/or thumbmarks of the members of the board
of election inspectors or some of them as required in this provision
are missing in the election returns, the board of canvassers may

summon the members of the board of election inspectors concerned

to complete the returns.
Sec. 213. Proclamation of the result of the election in the polling
place. - Upon the completion of the election returns, the chairman of
the board of election inspectors shall orally and publicly announce
the total number of votes received in the election in the polling place
by each and every one of the candidates, stating their corresponding
office.
Sec. 214. Disposition of election returns. - (1) In a presidential
election: the board of election inspectors shall prepare in
handwriting and sign the returns of the election in sextuplicate in
their respective polling place in a form to be prescribed by the
Commission. One copy shall be deposited in the compartment of the
ballot box for valid ballots, and in the case of municipalities two
copies including the original copy shall be handed to the municipal
election registrar who shall immediately deliver the original copy to
the provincial election supervisor and forward the other copy to the
Commission, and one copy each to the authorized representatives of
the accredited political parties. In the case of the cities, the city
registrar shall retain the original copy for submission to the
provincial election supervisor, and forward the other copy to the
Commission.
(2) In the election for Members of the Batasang Pambansa: the
original of the election returns shall be delivered to the election
registrar of the city or municipality for transmittal to the chairman of
the provincial board of canvassers, and direct to the chairman of the
city or district board of canvassers in the urbanized cities and the
districts of Metropolitan Manila, as the case may be, for use in the
canvass. The second copy shall likewise be delivered to the election
registrar for transmittal to the Commission. The third copy shall be
deposited in the compartment for valid ballots. The fourth copy shall
be delivered to the election registrar who shall use said copy in the
tabulation of the advance results of the election in the city or
municipality. The fifth and sixth copies shall each respectively be
delivered to the members representing political parties represented
in the board of election inspectors.
(3) In local elections: the original copy of the election returns shall
be delivered to the city or municipal board of canvassers as a body
for its use in the city of municipal canvass. The second copy shall be
delivered to the election registrar of the city or municipality for
transmittal to the provincial board of canvassers as a body for its
use in the provincial canvass. The third copy shall likewise be
delivered to the election registrar for transmittal to the Commission.

The fourth copy shall be deposited in the compartment for valid

ballots. The fifth and sixth copies shall each respectively be
delivered to the members representing the political parties
represented in the board of election inspectors.
The Commission shall promulgate rules for the speedy and safe
delivery of the election returns.
Sec. 215. Board of election inspectors to issue a certificate of the
number of votes polled by the candidates for an office to the
watchers. - After the announcement of the results of the election
and before leaving the polling place, it shall be the duty of the board
of election inspectors to issue a certificate of the number of the
votes received by a candidate upon request of the watchers. All the
members of the board of election inspectors shall sign the
certificate.
Sec. 216. Alterations and corrections in the election returns. - Any
correction or alteration made in the election, returns by the board of
election inspectors before the announcement of the results of the
election in the polling place shall be duly initialed by all the members
thereof.
After the announcement of the results of the election in the polling
place has been made, the board of election inspectors shall not make
any alteration or amendment in any of the copies of the election
returns, unless so ordered by the Commission upon petition of the
members of the board of election inspectors within five days from
the date of the election or twenty-four hours from the time a copy of
the election returns concerned is opened by the board of canvassers,
whichever is earlier. The petition shall be accompanied by proof of
service upon all candidates affected. If the petition is by all members
of the board of election inspectors and the results of the election
would not be affected by said correction and none of the candidates
affected objects thereto, the Commission, upon being satisfied of the
veracity of the petition and of the error alleged therein, shall order
the board of election inspectors to make the proper correction on the
election returns.
However, if a candidate affected by said petition objects thereto,
whether the petition is filed by all or only a majority of the members
of the board of election inspectors and the results of the election
would be affected by the correction sought to be made, the
Commission shall proceed summarily to hear the petition. If it finds
the petition meritorious and there are no evidence or signs
indicating that the identity and integrity of the ballot box have been
violated, the Commission shall order the opening of the ballot box.
After satisfying itself that the integrity of the ballots therein has also

been duly preserved, the Commission shall order the recounting of

the votes of the candidates affected and the proper corrections made
on the election returns, unless the correction sought is such that it
can be made without need of opening the ballot box.
Sec. 217. Delivery of the ballot boxes, keys and election supplies and
documents. - Upon the termination of the counting of votes, the
board of election inspectors shall place in the compartment for valid
ballots, the envelopes for used ballots hereinbefore referred to, the
unused ballots, the tally board or sheet, a copy of the election
returns, and the minutes of its proceedings, and then shall lock the
ballot box with three padlocks and such safety devices as the
Commission may prescribe. Immediately after the box is locked, the
three keys of the padlocks shall be placed in three separate
envelopes and shall be sealed and signed by all the members of the
board of election inspectors. The authorized representatives of the
Commission shall forthwith take delivery of said envelopes, signing a
receipt therefor, and deliver without delay one envelope to the
provincial treasurer, another to the provincial fiscal and the other to
the provincial election supervisor.
The ballot box, all supplies of the board of election inspectors and all
pertinent papers and documents shall immediately be delivered by
the board of election inspectors and the watchers to the city or
municipal treasurer who shall keep his office open all night on the
day of election if necessary for this purpose, and shall provide the
necessary facilities for said delivery at the expense of the city or
municipality. The book of voters shall be returned to the election
registrar who shall keep it under his custody. The treasurer and the
election registrar, as the case may be, shall on the day after the
election require the members of the board of election inspectors who
failed to send the objects referred to herein to deliver the same to
him immediately and acknowledge receipt thereof in detail.
Sec. 218. Preservation of the voting record. - The voting record of
each polling place shall be delivered to the election registrar who
shall have custody of the same, keeping them in a safe place, until
such time that the Commission shall give instructions on their
disposition.
Sec. 219. Preservation of the ballot boxes, their keys and disposition
of their contents. - (a) The provincial election supervisor, the
provincial treasurer and the provincial fiscal shall keep the envelope
containing the keys in their possession intact during the period of
three months following the election. Upon the lapse of this period,
unless the Commission has ordered otherwise, the provincial
election supervisor and the provincial fiscal shall deliver to the

provincial treasurer the envelope containing the keys under their

custody.
(b) The city and municipal treasurer shall keep the ballot boxes
under their responsibility for three months and stored unopened in a
secure place, unless the Commission orders otherwise whenever
said ballot boxes are needed in any political exercise which might be
called within the said period, provided these are not involved in any
election contest or official investigation, or the Commission or other
competent authority shall demand them sooner or shall order their
preservation for a longer time in connection with any pending
contest or investigation. However, upon showing by any candidate
that the boxes will be in danger of being violated if kept in the
possession of such officials, the Commission may order them kept by
any other official whom it may designate. Upon the lapse of said
time and if there should be no order to the contrary, the Commission
may authorize the city and municipal treasurer in the presence of its
representative to open the boxes and burn their contents, except the
copy of the minutes of the voting and the election returns deposited
therein which they shall take and keep.
(c) In case of calamity or fortuitous event such as fire, flood, storm,
or other similar calamities which may actually cause damage to the
ballot boxes and/or their contents, the Commission may authorize
the opening of said ballot boxes to salvage the ballots and other
contents by placing them in other ballot boxes, taking such other
precautionary measures as may be necessary to preserve such
documents.
Sec. 220. Documents and articles omitted or erroneously placed
inside the ballot box. - If after the delivery of the keys of the ballot
box to the proper authorities, the board of election inspectors shall
discover that some documents or articles required to be placed in
the ballot box were not placed therein, the board of election
inspectors, instead of opening the ballot box in order to place
therein said documents or articles, shall deliver the same to the
Commission or its duly authorized representatives. In no instance
shall the ballot box be reopened to place therein or take out
therefrom any document or article except to retrieve copies of the
election returns which will be needed in any canvass and in such
excepted instances, the members of the board of election inspectors
and watchers of the candidates shall be notified of the time and
place of the opening of said ballot box: Provided, however, That if
there are other copies of the election returns outside of the ballot
box which can be used in canvass, such copies of the election
returns shall be used in said canvass and the opening of the ballot

box to retrieve copies of the election returns placed therein shall

then
be
dispensed
with.
ARTICLE XIX.
CANVASS AND PROCLAMATION
Sec. 221. Board of canvassers. - There shall be a board of canvassers
for each province, city, municipality, and district of Metropolitan
Manila as follows:
(a) Provincial board of canvassers. - the provincial board of
canvassers shall be composed of the provincial election supervisor
or a senior lawyer in the regional office of the Commission, as
chairman, the provincial fiscal, as vice-chairman, and the provincial
superintendent of schools, and one representative from each of the
ruling party and the dominant opposition political party in the
constituency concerned entitled to be represented, as members.
(b) City board of canvassers. - the city board of canvassers shall be
composed of the city election registrar or a lawyer of the
Commission, as chairman, the city fiscal and the city superintendent
of schools, and one representative from each of the ruling party and
the dominant opposition political party entitled to be represented, as
members.
(c) District board of canvassers of Metropolitan Manila - the district
board of canvassers shall be composed of a lawyer of the
Commission, as chairman, and a ranking fiscal in the district and the
most senior district school supervisor in the district to be appointed
upon consultation with the Ministry of Justice and the Ministry of
Education, Culture and Sports, respectively, and one representative
from each of the ruling party and the dominant opposition political
party in the constituency concerned, as members.
(d) Municipal board of canvassers. - the municipal board of
canvassers shall be composed of the election registrar or a
representative of the Commission, as chairman, the municipal
treasurer, and the district supervisor or in his absence any public
school principal in the municipality and one representative from
each of the ruling party and the dominant opposition political party
entitled to be represented, as members.
(e) Board of canvassers for newly created political subdivisions - the
Commission shall constitute a board of canvassers and appoint the
members thereof for the first election in a newly created province,
city or municipality in case the officials who shall act as members
thereof have not yet assumed their duties and functions.
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Sec. 222. Relationship with candidates and other members. - The

chairman and the members of the board of canvassers shall not be
related within the fourth civil degree of consanguinity or affinity to
any of the candidates whose votes will be canvassed by said board,
or to any member of the same board.
Sec. 223. Prohibition against leaving official station. - During the
period beginning election day until the proclamation of the winning
candidates, no member or substitute member of the different boards
of canvassers shall be transferred, assigned or detailed outside of
his official station, nor shall he leave said station without prior
authority of the Commission.
Sec. 224. Feigned illness. - Any member of the board of canvassers
feigning illness in order to be substituted on election day until the
proclamation of the winning candidates shall be guilty of an election
offense.
Sec. 225. Vote required. - A majority vote of all the members of the
board of canvassers shall be necessary to render a decision.
Sec. 226. Incapacity and substitution of members of boards of
canvassers. - In case of non-availability, absence, disqualification
due to relationship, or incapacity for any cause of the chairman, the
Commission shall designate the provincial or city fiscal to act as
chairman.
Likewise,
in
case
of
non-availability,
absence,
disqualification due to relationship, or incapacity for any cause, of
such designee, the next ranking provincial or city fiscal shall be
designated by the Commission and such designation shall pass to
the next in rank until the designee qualifies. With respect to the
other members of the board of canvassers, the Commission shall
appoint as substitute the provincial, city or municipal officers of
other government agencies in the province, city or municipality, as
the case may be, and with respect to the representatives of the
accredited political parties, the Commission shall appoint as
substitutes those nominated by the said political parties.
Sec. 227. Supervision and control over board of canvassers. - The
Commission shall have direct control and supervision over the board
of canvassers.
Any member of the board of canvassers may, at any time, be
relieved for cause and substituted motu proprio by the Commission.
Sec. 228. Notice of meeting of the board. - At least five days before
the meeting of the board, the chairman of the board shall give notice
to all members thereof and to each candidate and political party of
the date, time and place of the meeting.
Sec. 229. Manner of delivery and transmittal of election returns. (a) For the city and municipal board of canvassers, the copy of the

election returns of a polling place intended for the city or municipal

board of canvassers, duly placed inside a sealed envelope signed and
affixed with the imprint of the thumb of the right hand of all the
members of the board of election inspectors, shall be personally
delivered by the members of the board of election inspectors to the
city or municipal board of canvassers under proper receipt to be
signed by all the members thereof.
(b) For the provincial and district boards of canvassers in
Metropolitan Manila, the copy of the election returns of a polling
place intended for the provincial or district board of canvassers in
the case of Metropolitan Manila, shall be personally delivered by the
members of the board of election inspectors to the election registrar
for transmittal to the proper board of canvassers under proper
receipt to be signed by all the members thereof.
The election registrar concerned shall place all the returns intended
for the board of canvassers inside a ballot box provided with three
padlocks whose keys shall be kept as follows: one by the election
registrar, another by the representative of the ruling party and the
third by the representative of the dominant political opposition
party.
For this purpose, the two political parties shall designate their
representatives whose names shall be submitted to the election
registrar concerned on or before the tenth day preceding the
election. The three in possession of the keys shall personally
transmit the ballot box, properly locked, containing the election
returns to the board of canvassers. Watchers of political parties,
coalition of political parties, and of organizations collectively
authorized by the Commission to designate watchers shall have the
right to accompany transmittal of the ballot boxes containing the
election returns.
It shall be unlawful for any person to delay, obstruct, impede or
prevent through force, violence, coercion, intimidation or by any
means which vitiates consent, the transmittal of the election returns
or to take away, abscond with, destroy, deface or mutilate or
substitute the election returns or the envelope or the ballot box
containing the election returns or to violate the right of the
watchers.
The watchers of the political parties, coalition of political parties and
the candidates shall have the right to accompany the members of
the board of election inspectors or the election registrar in making
the delivery to the boards of canvassers.
Sec. 230. Safekeeping of transmitted election returns. - The board of
canvassers shall keep the ballot boxes containing the election

returns in a safe and secure room before and after the canvass. The
door to the room must be padlocked by three locks with the keys
thereof kept as follows: one with the chairman, the other with the
representative of the ruling party, and the other with the
representative of the dominant opposition political party. The
watchers of candidates, political parties, coalition of political parties
and organization collectively authorized by the Commission to
appoint watchers shall have the right to guard the room. Violation of
this right shall constitute an election offense.
Sec. 231. Canvass by the board. - The board of canvassers shall meet
not later than six o'clock in the afternoon of election day at the place
designated by the Commission to receive the election returns and to
immediately canvass those that may have already been received. It
shall meet continuously from day to day until the canvass is
completed, and may adjourn but only for the purpose of awaiting the
other election returns from other polling places within its
jurisdiction. Each time the board adjourns, it shall make a total of all
the votes canvassed so far for each candidate for each office,
furnishing the Commission in Manila by the fastest means of
communication a certified copy thereof, and making available the
data contained therein to the mass media and other interested
parties. As soon as the other election returns are delivered, the
board shall immediately resume canvassing until all the returns have
been canvassed.
The respective board of canvassers shall prepare a certificate of
canvass duly signed and affixed with the imprint of the thumb of the
right hand of each member, supported by a statement of the votes
received by each candidate in each polling place and, on the basis
thereof, shall proclaim as elected the candidates who obtained the
highest number of votes cast in the province, city, municipality or
barangay. Failure to comply with this requirement shall constitute
an election offense.
Subject to reasonable exceptions, the board of canvassers must
complete their canvass within thirty-six hours in municipalities,
forty-eight hours in cities and seventy-two hours in provinces.
Violation hereof shall be an election offense punishable under
Section 264 hereof.
With respect to the election for President and Vice-President, the
provincial and city boards of canvassers shall prepare in
quintuplicate a certificate of canvass supported by a statement of
votes received by each candidate in each polling place and transmit
the first copy thereof to the Speaker of the Batasang Pambansa. The
second copy shall be transmitted to the Commission, the third copy

shall be kept by the provincial election supervisor or city election

registrar; the fourth and the fifth copies to each of the two
accredited political parties.
Sec. 232. Persons not allowed inside the canvassing room. - It shall
be unlawful for any officer or member of the Armed Forces of the
Philippines, including the Philippine Constabulary, or the Integrated
National Police or any peace officer or any armed or unarmed
persons belonging to an extra-legal police agency, special forces,
reaction forces, strike forces, home defense forces, barangay selfdefense units, barangay tanod, or of any member of the security or
police organizations of government ministries, commissions,
councils, bureaus, offices, instrumentalities, or government-owned
or controlled corporations or their subsidiaries or of any member of
a privately owned or operated security, investigative, protective or
intelligence agency performing identical or similar functions to enter
the room where the canvassing of the election returns are held by
the board of canvassers and within a radius of fifty meters from such
room: Provided, however, That the board of canvassers by a
majority vote, if it deems necessary, may make a call in writing for
the detail of policemen or any peace officers for their protection or
for the protection of the election documents and paraphernalia in
the possession of the board, or for the maintenance of peace and
order, in which case said policemen or peace officers, who shall be in
proper uniform, shall stay outside the room within a radius of thirty
meters near enough to be easily called by the board of canvassers at
any time.
Sec. 233. When the election returns are delayed, lost or destroyed. In case its copy of the election returns is missing, the board of
canvassers shall, by messenger or otherwise, obtain such missing
election returns from the board of election inspectors concerned, or
if said returns have been lost or destroyed, the board of canvassers,
upon prior authority of the Commission, may use any of the
authentic copies of said election returns or a certified copy of said
election returns issued by the Commission, and forthwith direct its
representative to investigate the case and immediately report the
matter to the Commission.
The board of canvassers, notwithstanding the fact that not all the
election returns have been received by it, may terminate the canvass
and proclaim the candidates elected on the basis of the available
election returns if the missing election returns will not affect the
results of the election.
Sec. 234. Material defects in the election returns. - If it should
clearly appear that some requisites in form or data had been omitted

in the election returns, the board of canvassers shall call for all the
members of the board of election inspectors concerned by the most
expeditious means, for the same board to effect the correction:
Provided, That in case of the omission in the election returns of the
name of any candidate and/or his corresponding votes, the board of
canvassers shall require the board of election inspectors concerned
to complete the necessary data in the election returns and affix
therein their initials: Provided, further, That if the votes omitted in
the returns cannot be ascertained by other means except by
recounting the ballots, the Commission, after satisfying itself that
the identity and integrity of the ballot box have not been violated,
shall order the board of election inspectors to open the ballot box,
and, also after satisfying itself that the integrity of the ballots
therein has been duly preserved, order the board of election
inspectors to count the votes for the candidate whose votes have
been omitted with notice thereof to all candidates for the position
involved and thereafter complete the returns.
The right of a candidate to avail of this provision shall not be lost or
affected by the fact that an election protest is subsequently filed by
any of the candidates.
Sec. 235. When election returns appear to be tampered with
orfalsified. - If the election returns submitted to the board of
canvassers appear to be tampered with, altered or falsified after
they have left the hands of the board of election inspectors, or
otherwise not authentic, or were prepared by the board of election
inspectors under duress, force, intimidation, or prepared by persons
other than the member of the board of election inspectors, the board
of canvassers shall use the other copies of said election returns and,
if necessary, the copy inside the ballot box which upon previous
authority given by the Commission may be retrieved in accordance
with Section 220 hereof. If the other copies of the returns are
likewise tampered with, altered, falsified, not authentic, prepared
under duress, force, intimidation, or prepared by persons other than
the members of the board of election inspectors, the board of
canvassers or any candidate affected shall bring the matter to the
attention of the Commission. The Commission shall then, after giving
notice to all candidates concerned and after satisfying itself that
nothing in the ballot box indicate that its identity and integrity have
been violated, order the opening of the ballot box and, likewise after
satisfying itself that the integrity of the ballots therein has been duly
preserved shall order the board of election inspectors to recount the
votes of the candidates affected and prepare a new return which

shall then be used by the board of canvassers as basis of the

canvass.
Sec. 236. Discrepancies in election returns. - In case it appears to
the board of canvassers that there exists discrepancies in the other
authentic copies of the election returns from a polling place or
discrepancies in the votes of any candidate in words and figures in
the same return, and in either case the difference affects the results
of the election, the Commission, upon motion of the board of
canvassers or any candidate affected and after due notice to all
candidates concerned, shall proceed summarily to determine
whether the integrity of the ballot box had been preserved, and once
satisfied thereof shall order the opening of the ballot box to recount
the votes cast in the polling place solely for the purpose of
determining the true result of the count of votes of the candidates
concerned.
Sec. 237. When integrity of ballots is violated. - If upon the opening
of the ballot box as ordered by the Commission under Sections 234,
235 and 236, hereof, it should appear that there are evidence or
signs of replacement, tampering or violation of the integrity of the
ballots, the Commission shall not recount the ballots but shall
forthwith seal the ballot box and order its safekeeping.
Sec. 238. Canvass of remaining or unquestioned returns to continue.
- In cases under Sections 233, 234, 235 and 236 hereof, the board of
canvassers shall continue the canvass of the remaining or
unquestioned election returns. If, after the canvass of all the said
returns, it should be determined that the returns which have been
set aside will affect the result of the election, no proclamation shall
be made except upon orders of the Commission after due notice and
hearing. Any proclamation made in violation hereof shall be null and
void.
Sec. 239. Watchers. - Each candidate, political party or coalition of
political parties shall be entitled to appoint one watcher in the board
of canvassers. The watcher shall have the right to be present at, and
take note of, all the proceedings of the board of canvassers, to read
the election returns without touching them, to file a protest against
any irregularity in the election returns submitted, and to obtain from
the board of canvassers a resolution thereon.
Sec. 240. Election resulting in tie. - Whenever it shall appear from
the canvass that two or more candidates have received an equal and
highest number of votes, or in cases where two or more candidates
are to be elected for the same position and two or more candidates
received the same number of votes for the last place in the number
to be elected, the board of canvassers, after recording this fact in its

minutes, shall by resolution, upon five days notice to all the tied
candidates, hold a special public meeting at which the board of
canvassers shall proceed to the drawing of lots of the candidates
who have tied and shall proclaim as elected the candidates who may
be favored by luck, and the candidates so proclaimed shall have the
right to assume office in the same manner as if he had been elected
by plurality of vote. The board of canvassers shall forthwith make a
certificate stating the name of the candidate who had been favored
by luck and his proclamation on the basis thereof.
Nothing in this section shall be construed as depriving a candidate of
his
right
to
contest
the
election.
ARTICLE XX.
PRE-PROCLAMATION CONTROVERSIES
Sec. 241. Definition. - A pre-proclamation controversy refers to any
question pertaining to or affecting the proceedings of the board of
canvassers which may be raised by any candidate or by any
registered political party or coalition of political parties before the
board or directly with the Commission, or any matter raised under
Sections 233, 234, 235 and 236 in relation to the preparation,
transmission, receipt, custody and appreciation of the election
returns.
Sec. 242. Commission's exclusive jurisdiction of all pre-proclamation
controversies. - The Commission shall have exclusive jurisdiction of
all pre-proclamation controversies. It may motu proprio or upon
written petition, and after due notice and hearing, order the partial
or total suspension of the proclamation of any candidate-elect or
annual partially or totally any proclamation, if one has been made,
as the evidence shall warrant in accordance with the succeeding
sections.
Sec. 243. Issues that may be raised in pre-proclamation controversy.
- The following shall be proper issues that may be raised in a preproclamation controversy:
(a) Illegal composition or proceedings of the board of canvassers;
(b) The canvassed election returns are incomplete, contain material
defects, appear to be tampered with or falsified, or contain
discrepancies in the same returns or in other authentic copies
thereof as mentioned in Sections 233, 234, 235 and 236 of this Code;
(c) The election returns were prepared under duress, threats,
coercion, or intimidation, or they are obviously manufactured or not
authentic; and
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(d) When substitute or fraudulent returns in controverted polling

places were canvassed, the results of which materially affected the
standing of the aggrieved candidate or candidates.
Sec. 244. Contested composition or proceedings of the board. When the composition or proceedings of the board of canvassers are
contested, the board of canvassers shall, within twenty-four hours,
make a ruling thereon with notice to the contestant who, if
adversely affected, may appeal the matter to the Commission within
five days after the ruling with proper notice to the board of
canvassers. After due notice and hearing, the Commission shall
decide the case within ten days from the filing thereof. During the
pendency of the case, the board of canvassers shall suspend the
canvass until the Commission orders the continuation or resumption
thereof and citing their reasons or grounds therefor.
Sec. 245. Contested election returns. - 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 this article or in Sections 234, 235 and 236 of
Article XIX shall submit their verbal objections to the chairman of
the board of canvassers at the time the questioned returns is
presented for inclusion or exclusion, which objections shall be noted
in the minutes of the canvassing.
The board of canvassers upon receipt of any such objections shall
automatically defer the canvass of the contested returns and shall
proceed to canvass the rest of the returns which are not contested
by any party.
Within twenty-four hours from and after the presentation of a verbal
objection, the same shall be submitted in written form to the board
of canvassers. Thereafter, the board of canvassers shall take up each
contested return, consider the written objections thereto and
summarily rule thereon. Said ruling shall be made oral initially and
then reduced to writing by the board within twenty-four hours from
the time the oral ruling is made.
Any party adversely affected by an oral ruling on its/his objection
shall immediately state orally whether it/he intends to appeal said
ruling. The said intent to appeal shall be stated in the minutes of the
canvassing. If a party manifests its intent to appeal, the board of
canvassers shall set aside the return and proceed to rule on the
other contested returns. When all the contested returns have been
ruled upon by it, the board of canvassers shall suspend the canvass
and shall make an appropriate report to the Commission, copy
furnished the parties.

The board of canvassers shall not proclaim any candidate as winner

unless authorized by the Commission after the latter has ruled on
the objections brought to it on appeal by the losing party and 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. 246. Summary proceedings before the Commission. - All preproclamation controversies shall be heard summarily by the
Commission after due notice and hearing, and its decisions shall be
executory after the lapse of five days from receipt by the losing
party of the decision of the Commission, unless restrained by the
Supreme Court.
Sec. 247. Partial proclamation. - Notwithstanding the pendency of
any pre-proclamation controversy, the Commission may, motu
proprio or upon the filing of a verified petition and after due notice
and hearing, order the proclamation of other winning candidates
whose election will not be affected by the outcome of the
controversy.
Sec. 248. Effect of filing petition to annual or to suspend the
proclamation. - The filing with the Commission of a petition to
annual or to suspend the proclamation of any candidate shall
suspend the running of the period within which to file an election
protest
or
quo
warranto
proceedings.
ARTICLE XXI.
ELECTION CONTESTS
Sec. 249. Jurisdiction of the Commission. - The Commission shall be
the sole judge of all contests relating to the elections, returns, and
qualifications of all Members of the Batasang Pambansa, elective
regional, provincial and city officials.
Sec. 250. Election contests for Batasang Pambansa, regional,
provincial and city offices. - A sworn petition contesting the election
of any Member of the Batasang Pambansa or any regional, provincial
or city official shall be filed with the Commission by any candidate
who has duly filed a certificate of candidacy and has been voted for
the same office, within ten days after the proclamation of the results
of the election.
Sec. 251. Election contests for municipal offices. - A sworn petition
contesting the election of a municipal officer shall be filed with the
proper regional trial court by any candidate who has duly filed a
certificate of candidacy and has been voted for the same office,
within ten days after proclamation of the results of the election.

Sec. 252. Election contest for barangay offices. - A sworn petition

contesting the election of a barangay officer shall be filed with the
proper municipal or metropolitan trial court by any candidate who
has duly filed a certificate of candidacy and has been voted for the
same office, within ten days after the proclamation of the results of
the election. The trial court shall decide the election protest within
fifteen days after the filing thereof. The decision of the municipal or
metropolitan trial court may be appealed within ten days from
receipt of a copy thereof by the aggrieved party to the regional trial
court which shall decide the case within thirty days from its
submission, and whose decisions shall be final.
Sec. 253. Petition for quo warranto. - Any voter contesting the
election of any Member of the Batasang Pambansa, regional,
provincial, or city officer on the ground of ineligibility or of disloyalty
to the Republic of the Philippines shall file a sworn petition for quo
warranto with the Commission within ten days after the
proclamation of the results of the election.
Any voter contesting the election of any municipal or barangay
officer on the ground of ineligibility or of disloyalty to the Republic of
the Philippines shall file a sworn petition for quo warranto with the
regional trial court or metropolitan or municipal trial court,
respectively, within ten days after the proclamation of the results of
the election.
Sec. 254. Procedure in election contests. - The Commission shall
prescribe the rules to govern the procedure and other matters
relating to election contests pertaining to all national, regional,
provincial, and city offices not later than thirty days before such
elections. Such rules shall provide a simple and inexpensive
procedure for the expeditious disposition of election contests and
shall be published in at least two newspapers of general circulation.
However, with respect to election contests involving municipal and
barangay offices the following rules of procedure shall govern:
(a) Notice of the protest contesting the election of a candidate for a
municipal or barangay office shall be served upon the candidate by
means of a summons at the postal address stated in his certificate of
candidacy except when the protestee, without waiting for the
summons, has made the court understand that he has been notified
of the protest or has filed his answer hereto;
(b) The protestee shall answer the protest within five days after
receipt of the summons, or, in case there has been no summons
from the date of his appearance and in all cases before the
commencement of the hearing of the protest or contest. The answer
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shall deal only with the election in the polling places which are
covered by the allegations of the contest;
(c) Should the protestee desire to impugn the votes received by the
protestant in other polling places, he shall file a counter-protest
within the same period fixed for the answer serving a copy thereof
upon the protestant by registered mail or by personal delivery or
through the sheriff;
(d) The protestant shall answer the counter-protest within five days
after notice;
(e) Within the period of five days counted from the filing of the
protest any other candidate for the same office may intervene in the
case as other contestants and ask for affirmative relief in his favor
by a petition in intervention, which shall be considered as another
contest, except that it shall be substantiated within the same
proceedings. The protestant or protestee shall answer the protest in
intervention within five days after notice;
(f) If no answer shall be filed to the contest, counter-protest, or to
the protest in intervention, within the time limits respectively fixed,
a general denial shall be deemed to have been entered;
(g) In election contest proceedings, the permanent registry list of
voters shall be conclusive in regard to the question as to who had
the right to vote in said election.
Sec. 255. Judicial counting of votes in election contest. - Where
allegations in a protest or counter-protest so warrant, or whenever
in the opinion of the court the interests of justice so require, it shall
immediately order the book of voters, ballot boxes and their keys,
ballots and other documents used in the election be brought before
it and that the ballots be examined and the votes recounted.
Sec. 256. Appeals. - Appeals from any decision rendered by the
regional trial court under Section 251 and paragraph two, Section
253 hereof with respect to quo warranto petitions filed in election
contests affecting municipal officers, the aggrieved party may appeal
to the Intermediate Appellate Court within five days after receipt of
a copy of the decision. No motion for reconsideration shall be
entertained by the court. The appeal shall be decided within sixty
days after the case has been submitted for decision.
Sec. 257. Decision in the Commission. - The Commission shall decide
all election cases brought before it within ninety days from the date
of their submission for decision. The decision of the Commission
shall become final thirty days after receipt of judgment.
Sec. 258. Preferential disposition of contests in courts. - The courts,
in their respective cases, shall give preference to election contests
over all other cases, except those of habeas corpus, and shall

without delay, hear and, within thirty days from the date of their
submission for decision, but in every case within six months after
filing, decide the same.
Sec. 259. Actual or compensatory damages. - Actual or
compensatory damages may be granted in all election contests or in
quo warranto proceedings in accordance with law.
Sec. 260. Notice of decisions. - The clerk of court and the
corresponding official in the Commission before whom an election
contest or a quo warranto proceeding has been instituted or where
the appeal of said case has been taken shall notify immediately the
President of the Philippines of the final disposition thereof. In
election contests involving provincial, city, municipal, or barangay
offices, notice of such final disposition shall also be sent to the
secretary of the local sanggunian concerned. If the decision be that
none of the parties has been legally elected, said official shall certify
such decision to the President of the Philippines and, in appropriate
cases,
to
the
Commission.
ARTICLE XXII.
ELECTION OFFENSES
Sec. 261. Prohibited Acts. - The following shall be guilty of an
election offense:
(a) Vote-buying and vote-selling. (1) Any person who gives, offers or promises money or anything of
value, gives or promises any office or employment, franchise or
grant, public or private, or makes or offers to make an expenditure,
directly or indirectly, or cause an expenditure to be made to any
person, association, corporation, entity, or community in order to
induce anyone or the public in general to vote for or against any
candidate or withhold his vote in the election, or to vote for or
against any aspirant for the nomination or choice of a candidate in a
convention or similar selection process of a political party.
(2) Any person, association, corporation, group or community who
solicits or receives, directly or indirectly, any expenditure or promise
of any office or employment, public or private, for any of the
foregoing considerations.
(b) Conspiracy to bribe voters. - Two or more persons, whether
candidates or not, who come to an agreement concerning the
commission of any violation of paragraph (a) of this section and
decide to commit it.
(c) Wagering upon result of election. - Any person who bets or
wagers upon the outcome of, or any contingency connected with an
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election. Any money or thing of value or deposit of money or thing of

value situated anywhere in the Philippines put as such bet or wager
shall be forfeited to the government.
(d) Coercion of subordinates. (1) Any public officer, or any officer of any public or private
corporation or association, or any head, superior, or administrator of
any religious organization, or any employer or land-owner who
coerces or intimidates or compels, or in any manner influence,
directly or indirectly, any of his subordinates or members or
parishioners or employees or house helpers, tenants, overseers,
farm helpers, tillers, or lease holders to aid, campaign or vote for or
against any candidate or any aspirant for the nomination or selection
of candidates.
(2) Any public officer or any officer of any commercial, industrial,
agricultural, economic or social enterprise or public or private
corporation or association, or any head, superior or administrator of
any religious organization, or any employer or landowner who
dismisses or threatens to dismiss, punishes or threatens to punish
be reducing his salary, wage or compensation, or by demotion,
transfer, suspension, separation, excommunication, ejectment, or
causing him annoyance in the performance of his job or in his
membership, any subordinate member or affiliate, parishioner,
employee or house helper, tenant, overseer, farm helper, tiller, or
lease holder, for disobeying or not complying with any of the acts
ordered by the former to aid, campaign or vote for or against any
candidate, or any aspirant for the nomination or selection of
candidates.
(e) Threats, intimidation, terrorism, use of fraudulent device or
other forms of coercion. - Any person who, directly or indirectly,
threatens, intimidates or actually causes, inflicts or produces any
violence, injury, punishment, damage, loss or disadvantage upon
any person or persons or that of the immediate members of his
family, his honor or property, or uses any fraudulent device or
scheme to compel or induce the registration or refraining from
registration of any voter, or the participation in a campaign or
refraining or desistance from any campaign, or the casting of any
vote or omission to vote, or any promise of such registration,
campaign, vote, or omission therefrom.
(f) Coercion of election officials and employees. - Any person who,
directly or indirectly, threatens, intimidates, terrorizes or coerces
any election official or employee in the performance of his election
functions or duties.

(g) Appointment of new employees, creation of new position,

promotion, or giving salary increases. - During the period of fortyfive days before a regular election and thirty days before a special
election, (1) any head, official or appointing officer of a government
office, agency or instrumentality, whether national or local, including
government-owned or controlled corporations, who appoints or hires
any new employee, whether provisional, temporary or casual, or
creates and fills any new position, except upon prior authority of the
Commission. The Commission shall not grant the authority sought
unless, it is satisfied that the position to be filled is essential to the
proper functioning of the office or agency concerned, and that the
position shall not be filled in a manner that may influence the
election.
As an exception to the foregoing provisions, a new employee may be
appointed in case of urgent need: Provided, however, That notice of
the appointment shall be given to the Commission within three days
from the date of the appointment. Any appointment or hiring in
violation of this provision shall be null and void.
(2) Any government official who promotes, or gives any increase of
salary or remuneration or privilege to any government official or
employee, including those in government-owned or controlled
corporations.
(h) Transfer of officers and employees in the civil service. - Any
public official who makes or causes any transfer or detail whatever
of any officer or employee in the civil service including public school
teachers, within the election period except upon prior approval of
the Commission.
(i) Intervention of public officers and employees. - Any officer or
employee in the civil service, except those holding political offices;
any officer, employee, or member or the Armed Forces of the
Philippines, or any police force, special forces, home defense forces,
barangay self-defense units and all other para-military units that
now exist or which may hereafter be organized who, directly or
indirectly, intervenes in any election campaign or engages in any
partisan political activity, except to vote or to preserve public order,
if he is a peace officer.
(j) Undue influence. - It is unlawful for any person to promise any
office or employment, public or private, or to make or offer to make
an expenditure, directly or indirectly, or to cause an expenditure to
be made to any person, association, corporation or entity, which
may induce anyone or the public in general either to vote or
withhold his vote, or to vote for or against any candidate in any
election or any aspirant for the nomination or selection of an official

candidate in a convention of a political party. It is likewise unlawful

for any person, association, corporation or community, to solicit or
receive, directly or indirectly, any expenditure or promise or any
office, or employment, public or private, for any of the foregoing
considerations.
(k) Unlawful electioneering. - It is unlawful to solicit votes or
undertake any propaganda on the day of registration before the
board of election inspectors and on the day of election, for or against
any candidate or any political party within the polling place and with
a radius of thirty meters thereof.
(l) Prohibition against dismissal of employees, laborers, or tenants. No employee or laborer shall be dismissed, nor a tenant be ejected
from his landholdings for refusing or failing to vote for any candidate
of his employer or landowner. Any employee, laborer or tenant so
dismissed or ejected shall be reinstated and the salary or wage of
the employee or laborer, or the share of the harvest of the tenant,
shall be restored to the aggrieved party upon application to the
proper court.
(m) Appointment or use of special policemen, special agents,
confidential agents or the like. - During the campaign period, on the
day before and on election day, any appointing authority who
appoints or any person who utilizes the services of special
policemen, special agents, confidential agents or persons performing
similar functions; persons previously appointed as special
policemen, special agents, confidential agents or persons performing
similar functions who continue acting as such, and those who fail to
turn over their firearms, uniforms, insignias and other badges of
authority to the proper officer who issued the same.
At the start of the aforementioned period, the barangay chairman,
municipal mayor, city mayor, provincial governor, or any appointing
authority shall submit to the Commission a complete list of all
special policemen, special agents, confidential agents or persons
performing similar functions in the employ of their respective
political subdivisions, with such particulars as the Commission may
require.
(n) Illegal release of prisoners before and after election. - The
Director of the Bureau of Prisons, any provincial warden, the keeper
of the jail or the person or persons required by law to keep prisoners
in their custody who illegally orders or allows any prisoner detained
in the national penitentiary, or the provincial, city or municipal jail to
leave the premises thereof sixty days before and thirty days after
the election. The municipal or city warden, the provincial warden,
the keeper of the jail or the person or persons required by law to

keep prisoners in their custody shall post in three conspicuous public

places a list of the prisoners or detention prisoners under their care.
Detention prisoners must be categorized as such.
(o) Use of public funds, money deposited in trust, equipment,
facilities owned or controlled by the government for an election
campaign. - Any person who uses under any guise whatsoever,
directly or indirectly, (1) public funds or money deposited with, or
held in trust by, public financing institutions or by government
offices, banks, or agencies; (2) any printing press, radio, or
television station or audio-visual equipment operated by the
Government or by its divisions, sub-divisions, agencies or
instrumentalities,
including
government-owned or
controlled
corporations, or by the Armed Forces of the Philippines; or (3) any
equipment, vehicle, facility, apparatus, or paraphernalia owned by
the government or by its political subdivisions, agencies including
government-owned or controlled corporations, or by the Armed
Forces of the Philippines for any election campaign or for any
partisan political activity.
(p) Deadly weapons. - Any person who carries any deadly weapon in
the polling place and within a radius of one hundred meters thereof
during the days and hours fixed by law for the registration of voters
in the polling place, voting, counting of votes, or preparation of the
election returns. However, in cases of affray, turmoil, or disorder,
any peace officer or public officer authorized by the Commission to
supervise the election is entitled to carry firearms or any other
weapon for the purpose of preserving order and enforcing the law.
(q) Carrying firearms outside residence or place of
business. - Any person who, although possessing a permit to carry
firearms, carries any firearms outside his residence or place of
business during the election period, unless authorized in writing by
the Commission: Provided, That a motor vehicle, water or air craft
shall not be considered a residence or place of business or extension
hereof.
This prohibition shall not apply to cashiers and disbursing officers
while in the performance of their duties or to persons who by nature
of their official duties, profession, business or occupation habitually
carry large sums of money or valuables.
(r) Use of armored land, water or air craft. - Any person who uses
during the campaign period, on the day before and on election day,
any armored land, water or air craft, provided with any temporary or
permanent equipment or any other device or contraption for the
mounting or installation of cannons, machine guns and other similar
high caliber firearms, including military type tanks, half trucks, scout

trucks, armored trucks, of any make or model, whether new,

reconditioned, rebuilt or remodelled: Provided, That banking or
financial institutions and all business firms may use not more than
two armored vehicles strictly for, and limited to, the purpose of
transporting cash, gold bullion or other valuables in connection with
their business from and to their place of business, upon previous
authority of the Commission.
(s) Wearing of uniforms and bearing arms. - During the campaign
period, on the day before and on election day, any member of
security
or
police
organization
of
government
agencies,
commissions, councils, bureaus, offices, or government-owned or
controlled corporations, or privately-owned or operated security,
investigative, protective or intelligence agencies, who wears his
uniform or uses his insignia, decorations or regalia, or bears arms
outside the immediate vicinity of his place of work: Provided, That
this prohibition shall not apply when said member is in pursuit of a
person who has committed or is committing a crime in the premises
he is guarding; or when escorting or providing security for the
transport of payrolls, deposits, or other valuables; or when guarding
the residence of private persons or when guarding private
residences, buildings or offices: Provided, further, That in the last
case prior written approval of the Commission shall be obtained. The
Commission shall decide all applications for authority under this
paragraph within fifteen days from the date of the filing of such
application.
During the same period, and ending thirty days thereafter any
member of the Armed Forces of the Philippines, special, forces,
home defense forces, barangay self-defense units and all other paramilitary units that now exist or which may hereafter be organized
who wears his uniform or bears arms outside the camp, garrison or
barracks to which he is assigned or detailed or outside their homes,
in case of members of para-military units, unless (1) the President
of the Philippines shall have given previous authority therefor, and
the Commission notified thereof in writing, or (2) the Commission
authorizes him to do so, which authority it shall give only when
necessary to assist it in maintaining free, orderly and honest
elections, and only after notice and hearing. All personnel of the
Armed Forces authorized by the President or the Commission to bear
arms or wear their uniforms outside their camps and all police and
peace officers shall bear their true name, rank and serial number, if
any, stitched in block letters on a white background on the left
breast of their uniform, in letters and numbers of a clearly legible

design at least two centimeters tall, which shall at all times remain
visible and uncovered.
During the election period, whenever the Commission finds it
necessary for the promotion of free, orderly, honest and peaceful
elections in a specific area, it shall confiscate or order the
confiscation of firearms of any member or members of the Armed
Forces of the Philippines, police forces, home defense forces,
barangay self-defense units, and all other para-military units that
now exist, or which may hereafter be organized, or any member or
members of the security or police organization, government
ministries,
commissions,
councils,
bureaus,
offices,
instrumentalities, or government-owned or controlled corporations
and other subsidiaries, or of any member or members of privately
owned or operated security, investigative, protective or intelligence
agencies performing identical or similar functions.
(t) Policemen and provincial guards acting as bodyguards or security
guards. - During the campaign period, on the day before and on
election day, any member of the city or municipal police force, any
provincial or sub-provincial guard, any member of the Armed Forces
of the Philippines, special forces, home defense forces, barangay
self-defense units and all other para-military units that now exist or
which may hereafter be organized who acts as bodyguard or security
guard of any public official, candidate or any other person, and any
of the latter who utilizes the services of the former as bodyguard or
security guard: Provided, That, after due notice and hearing, when
the life and security of a candidate is in jeopardy, the Commission is
empowered to assign at the candidate's choice, any member of the
Philippine Constabulary or the police force of any municipality within
the province to act as his bodyguard or security guard in a number
to be determined by the Commission but not to exceed three per
candidate: Provided, however, That when the circumstances require
immediate action, the Commission may issue a temporary order
allowing the assignment of any member of the Philippine
Constabulary or the local police force to act as bodyguard or security
guard of the candidate, subject to confirmation or revocation.
(u) Organization or maintenance of reaction forces, strike forces, or
other similar forces. - Any person who organizes or maintains a
reaction force, strike force or similar force during the election
period.
The heads of all reaction forces, strike forces, or similar forces shall,
not later than forty-five days before the election, submit to the
Commission a complete list of all members thereof with such
particulars as the Commission may require.

(v) Prohibition against release, disbursement or expenditure of

public funds. - Any public official or employee including barangay
officials and those of government-owned or controlled corporations
and their subsidiaries, who, during forty-five days before a regular
election and thirty days before a special election, releases, disburses
or expends any public funds for:
(1) Any and all kinds of public works, except the following:
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(a) Maintenance of existing and/or completed public works project:

Provided, That not more than the average number of laborers or
employees already employed therein during the six-month period
immediately prior to the beginning of the forty-five day period
before election day shall be permitted to work during such time:
Provided, further, That no additional laborers shall be employed for
maintenance work within the said period of forty-five days;
(b) Work undertaken by contract through public bidding held, or by
negotiated contract awarded, before the forty-five day period before
election: Provided, That work for the purpose of this section
undertaken under the so-called "takay" or "paquiao" system shall
not be considered as work by contract;
(c) Payment for the usual cost of preparation for working drawings,
specifications, bills of materials, estimates, and other procedures
preparatory to actual construction including the purchase of
materials and equipment, and all incidental expenses for wages of
watchmen and other laborers employed for such work in the central
office and field storehouses before the beginning of such period:
Provided, That the number of such laborers shall not be increased
over the number hired when the project or projects were
commenced; and
(d) Emergency work necessitated by the occurrence of a public
calamity, but such work shall be limited to the restoration of the
damaged facility.
No payment shall be made within five days before the date of
election to laborers who have rendered services in projects or works
except those falling under subparagraphs (a), (b), (c), and (d), of
this paragraph.
This prohibition shall not apply to ongoing public works projects
commenced before the campaign period or similar projects under
foreign agreements. For purposes of this provision, it shall be the
duty of the government officials or agencies concerned to report to
the Commission the list of all such projects being undertaken by
them.

(2) The Ministry of Social Services and Development and any other
office in other ministries of the government performing functions
similar to said ministry, except for salaries of personnel, and for
such other routine and normal expenses, and for such other
expenses as the Commission may authorize after due notice and
hearing. Should a calamity or disaster occur, all releases normally or
usually coursed through the said ministries and offices of other
ministries shall be turned over to, and administered and disbursed
by, the Philippine National Red Cross, subject to the supervision of
the Commission on Audit or its representatives, and no candidate or
his or her spouse or member of his family within the second civil
degree of affinity or consanguinity shall participate, directly or
indirectly, in the distribution of any relief or other goods to the
victims of the calamity or disaster; and
(3) The Ministry of Human Settlements and any other office in any
other ministry of the government performing functions similar to
said ministry, except for salaries of personnel and for such other
necessary administrative or other expenses as the Commission may
authorize after due notice and hearing.
(w) Prohibition against construction of public works, delivery of
materials for public works and issuance of treasury warrants and
similar devices. - During the period of forty-five days preceding a
regular election and thirty days before a special election, any person
who (a) undertakes the construction of any public works, except for
projects or works exempted in the preceding paragraph; or (b)
issues, uses or avails of treasury warrants or any device undertaking
future delivery of money, goods or other things of value chargeable
against public funds.
(x) Suspension of elective provincial, city, municipal or barangay
officer. - The provisions of law to the contrary notwithstanding
during the election period, any public official who suspends, without
prior approval of the Commission, any elective provincial, city,
municipal or barangay officer, unless said suspension will be for
purposes of applying the "Anti-Graft and Corrupt Practices Act" in
relation to the suspension and removal of elective officials; in which
case the provisions of this section shall be inapplicable.
(y) On Registration of Voters:
(1) Any person who, having all the qualifications and none of the
disqualifications of a voter, fails without justifiable excuse to
register as a voter in an election, plebiscite or referendum in which
he is qualified to vote.
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(2) Any person who knowingly makes any false or untruthful

statement relative to any of the data or information required in the
application for registration.
(3) Any person who deliberately imprints or causes the imprinting of
blurred or indistinct fingerprints on any of the copies of the
application for registration or on the voter's affidavit; or any person
in charge of the registration of voters who deliberately or through
negligence, causes or allows the imprinting of blurred or indistinct
fingerprints on any of the aforementioned registration forms, or any
person who tampers with the fingerprints in said registration
records.
(4) Any member of the board of election inspectors who approves
any application which on its face shows that the applicant does not
possess all the qualifications prescribed by law for a voter; or who
disapproves any application which on its face shows that the
applicant possesses all such qualifications.
(5) Any person who, being a registered voter, registers anew
without filing an application for cancellation of his previous
registration.
(6) Any person who registers in substitution for another whether
with or without the latter's knowledge or consent.
(7) Any person who tampers with or changes without authority any
data or entry in any voter's application for registration.
(8) Any person who delays, hinders or obstruct another from
registering.
(9) Any person who falsely certifies or identifies another as a bona
fide resident of a particular place or locality for the purpose of
securing the latter's registration as a voter.
(10) Any person who uses the voter's affidavit of another for the
purpose of voting, whether or not he actually succeeds in voting.
(11) Any person who places, inserts or otherwise includes, as
approved application for registration in the book of voters or in the
provincial or national central files of registered voters, the
application of any fictitious voter or any application that has not
been approved; or removes from, or otherwise takes out of the book
of voters or the provincial or national central files of registered
voters any duly approved voter's application, except upon lawful
order of the Commission, or of a competent court or after proper
cancellation as provided in Sections 122, 123, 124 and 125 hereof.
(12) Any person who transfers or causes the transfer of the
registration record of a voter to the book of voters of another polling
place, unless said transfer was due to a change of address of the
voter and the voter was duly notified of his new polling place.

(13) Any person who asks, demands, takes, accepts or possesses,

directly or indirectly, the voter's affidavit of another, in order to
induce the latter to withhold his vote, or to vote for or against any
candidate in an election or any issue in a plebiscite or referendum. It
shall be presumed prima facie that the asking, demanding, taking,
accepting, or possessing is with such intent if done within the period
beginning ten days before election day and ending ten days after
election day, unless the voter's affidavit of another and the latter are
both members of the same family.
(14) Any person who delivers, hands over, entrusts, gives, directly
or indirectly his voter's affidavit to another in consideration of
money or other benefit or promises thereof, or takes or accepts such
voter's affidavit directly or indirectly, by giving or causing the giving
of money or other benefit or making or causing the making of a
promise thereof.
(15) Any person who alters in any manner, tears, defaces, removes
or destroys any certified list of voters.
(16) Any person who takes, carries or possesses any blank or
unused registration form already issued to a city or municipality
outside of said city or municipality except as otherwise provided in
this Code or when directed by express order of the court or of the
Commission.
(17) Any person who maliciously omits, tampers or transfers to
another list the name of a registered voter from the official list of
voters posted outside the polling place.
(z) On voting:
(1) Any person who fails to cast his vote without justifiable excuse.
(2) Any person who votes more than once in the same election, or
who, not being a registered voter, votes in an election.
(3) Any person who votes in substitution for another whether with
or without the latter's knowledge and/or consent.
(4) Any person who, not being illiterate or physically disabled,
allows his ballot to be prepared by another, or any person who
prepares the ballot of another who is not illiterate or physically
disabled, with or without the latter's knowledge and/or consent.
(5) Any person who avails himself of any means of scheme to
discover the contents of the ballot of a voter who is preparing or
casting his vote or who has just voted.
(6) Any voter who, in the course of voting, uses a ballot other than
the one given by the board of election inspectors or has in his
possession more than one official ballot.
(7) Any person who places under arrest or detains a voter without
lawful cause, or molests him in such a manner as to obstruct or
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prevent him from going to the polling place to cast his vote or from
returning home after casting his vote, or to compel him to reveal
how he voted.
(8) Any member of the board of election inspectors charged with the
duty of reading the ballot during the counting of votes who
deliberately omits to read the vote duly written on the ballot, or
misreads the vote actually written thereon or reads the name of a
candidate where no name is written on the ballot.
(9) Any member of the board of election inspectors charged with the
duty of tallying the votes in the tally board or sheet, election returns
or other prescribed form who deliberately fails to record a vote
therein or records erroneously the votes as read, or records a vote
where no such vote has been read by the chairman.
(10) Any member of a board of election inspectors who has made
possible the casting of more votes than there are registered voters.
(11) Any person who, for the purpose of disrupting or obstructing
the election process or causing confusion among the voters,
propagates false and alarming reports or information or transmits or
circulates false orders, directives or messages regarding any matter
relating to the printing of official ballots, the postponement of the
election, the transfer of polling place or the general conduct of the
election.
(12) Any person who, without legal authority, destroys, substitutes
or takes away from the possession of those having legal custody
thereof, or from the place where they are legally deposited, any
election form or document or ballot box which contains official
ballots or other documents used in the election.
(13) Any person having legal custody of the ballot box containing
the official ballots used in the election who opens or destroys said
box or removes or destroys its contents without or against the order
of the Commission or who, through his negligence, enables any
person to commit any of the aforementioned acts, or takes away
said ballot box from his custody.
(14) Any member of the board of election inspectors who knowingly
uses ballots other than the official ballots, except in those cases
where the use of emergency ballots is authorized.
(15) Any public official who neglects or fails to properly preserve or
account for any ballot box, documents and forms received by him
and kept under his custody.
(16) Any person who reveals the contents of the ballot of an
illiterate or disabled voter whom he assisted in preparing a ballot.
(17) Any person who, without authority, transfers the location of a
polling place.

(18) Any person who, without authority, prints or causes the

printing of any ballot or election returns that appears as official
ballots or election returns or who distributes or causes the same to
be distributed for use in the election, whether or not they are
actually used.
(19) Any person who, without authority, keeps, uses or carries out
or causes to be kept, used or carried out, any official ballot or
election returns or printed proof thereof, type-form mould, electrotype printing plates and any other plate, numbering machines and
other printing paraphernalia being used in connection with the
printing of official ballots or election returns.
(20) Any official or employee of any printing establishment or of the
Commission or any member of the committee in charge of the
printing of official ballots or election returns who causes official
ballots or election returns to be printed in quantities exceeding
those authorized by the Commission or who distributes, delivers, or
in any manner disposes of or causes to be distributed, delivered, or
disposed of, any official ballot or election returns to any person or
persons not authorized by law or by the Commission to receive or
keep official ballots or election returns or who sends or causes them
to be sent to any place not designated by law or by the Commission.
(21) Any person who, through any act, means or device, violates the
integrity of any official ballot or election returns before or after they
are used in the election.
(22) Any person who removes, tears, defaces or destroys any
certified list of candidates posted inside the voting booths during the
hours of voting.
(23) Any person who holds or causes the holding of an election on
any other day than that fixed by law or by the Commission, or stops
any election being legally held.
(24) Any person who deliberately blurs his fingerprint in the voting
record.
(aa) On Canvassing:
(1) Any chairman of the board of canvassers who fails to give due
notice of the date, time and place of the meeting of said board to the
candidates, political parties and/or members of the board.
(2) Any member of the board of canvassers who proceeds with the
canvass of the votes and/or proclamation of any candidate which
was suspended or annulled by the Commission.
(3) Any member of the board of canvassers who proceeds with the
canvass of votes and/or proclamation of any candidate in the
absence of quorum, or without giving due notice of the date, time
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and place of the meeting of the board to the candidates, political

parties, and/or other members of the board.
(4) Any member of the board of canvassers who, without authority
of the Commission, uses in the canvass of votes and/or proclamation
of any candidate any document other than the official copy of the
election returns.
(bb) Common to all boards of election inspectors and boards of
canvassers:
(1) Any member of any board of election inspectors or board of
canvassers who deliberately absents himself from the meetings of
said body for the purpose of obstructing or delaying the performance
of its duties or functions.
(2) Any member of any board of election inspectors or board of
canvassers who, without justifiable reason, refuses to sign and
certify any election form required by this Code or prescribed by the
Commission although he was present during the meeting of the said
body.
(3) Any person who, being ineligible for appointment as member of
any board of election inspectors or board of canvassers, accepts an
appointment to said body, assumes office, and actually serves as a
member thereof, or any of public officer or any person acting in his
behalf who appoints such ineligible person knowing him to be
ineligible.
(4) Any person who, in the presence or within the hearing of any
board of election inspectors or board of canvassers during any of its
meetings, conducts himself in such a disorderly manner as to
interrupt or disrupt the work or proceedings to the end of preventing
said body from performing its functions, either partly or totally.
(5) Any public official or person acting in his behalf who relieves any
member of any board of election inspectors or board of canvassers
or who changes or causes the change of the assignments of any
member of said board of election inspectors or board of canvassers
without authority of the Commission.
(cc) On candidacy and campaign:
(1) Any political party which holds political conventions or meetings
to nominate its official candidates earlier that the period fixed in this
Code.
(2) Any person who abstracts, destroys or cancels any certificate of
candidacy duly filed and which has not been cancelled upon order of
the Commission.
(3) Any person who misleads the board of election inspectors by
submitting any false or spurious certificate of candidacy or
document to the prejudice of a candidate.
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(4) Any person who, being authorized to receive certificates of

candidacy, receives any certificate of candidacy outside the period
for filing the same and makes it appear that said certificate of
candidacy was filed on time; or any person who, by means of fraud,
threat, intimidation, terrorism or coercion, causes or compels the
commission of said act.
(5) Any person who, by any device or means, jams, obstructs or
interferes with a radio or television broadcast of any lawful political
program.
(6) Any person who solicits votes or undertakes any propaganda, on
the day of election, for or against any candidate or any political party
within the polling place or within a radius of thirty meters thereof.
(dd) Other prohibitions:
(1) Any person who sells, furnishes, offers, buys, serves or takes
intoxicating liquor on the days fixed by law for the registration of
voters in the polling place, or on the day before the election or on
election day: Provided, That hotels and other establishments duly
certified by the Ministry of Tourism as tourist oriented and habitually
in the business of catering to foreign tourists may be exempted for
justifiable reasons upon prior authority of the Commission: Provided,
further, That foreign tourists taking intoxicating liquor in said
authorized hotels or establishments are exempted from the
provisions of this subparagraph.
(2) Any person who opens in any polling place or within a radius of
thirty meters thereof on election day and during the counting of
votes, booths or stalls of any kind for the sale, dispensing or display
of wares, merchandise or refreshments, whether solid or liquid, or
for any other purposes.
(3) Any person who holds on election day, fairs, cockfights, boxing,
horse races, jai-alai or any other similar sports.
(4) Refusal to carry election mail matter. - Any operator or employee
of a public utility or transportation company operating under a
certificate of public convenience, including government-owned or
controlled postal service or its employees or deputized agents who
refuse to carry official election mail matters free of charge during
the election period. In addition to the penalty prescribed herein,
such refusal shall constitute a ground for cancellation or revocation
of certificate of public convenience or franchise.
(5) Prohibition against discrimination in the sale of air time. - Any
person who operates a radio or television station who without
justifiable cause discriminates against any political party, coalition
or aggroupment of parties or any candidate in the sale of air time. In
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addition to the penalty prescribed herein, such refusal shall

constitute a ground for cancellation or revocation of the franchise.
Sec. 262. Other election offenses. - Violation of the provisions, or
pertinent portions, of the following sections of this Code shall
constitute election offenses: Sections 9, 18, 74, 75, 76, 80, 81, 82,
83, 84, 85, 86, 87, 88, 89, 95, 96, 97, 98, 99, 100, 101, 102, 103,
104, 105, 106 107, 108, 109, 110, 111, 112, 122, 123, 127, 128,
129, 132, 134, 135, 145, 148, 150, 152, 172, 173, 174, 178, 180,
182, 184, 185, 186, 189, 190, 191, 192, 194, 195, 196, 197, 198,
202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214,
215, 216, 217, 218, 219, 220, 223, 229, 230, 231, 233, 234, 235,
236, 239 and 240.
Sec. 263. Persons criminally liable. - The principals, accomplices, and
accessories, as defined in the Revised Penal Code, shall be criminally
liable for election offenses. If the one responsible be a political party
or an entity, its president or head, the officials and employees of the
same, performing duties connected with the offense committed and
its members who may be principals, accomplices, or accessories
shall be liable, in addition to the liability of such party or entity.
Sec. 264. Penalties. - Any person found guilty of any election offense
under this Code shall be punished with imprisonment of not less
than one year but not more than six years and shall not be subject to
probation. In addition, the guilty party shall be sentenced to suffer
disqualification to hold public office and deprivation of the right of
suffrage. If he is a foreigner, he shall be sentenced to deportation
which shall be enforced after the prison term has been served. Any
political party found guilty shall be sentenced to pay a fine of not
less than ten thousand pesos, which shall be imposed upon such
party after criminal action has been instituted in which their
corresponding officials have been found guilty.
In case of prisoner or prisoners illegally released from any
penitentiary or jail during the prohibited period as provided in
Section 261, paragraph (n) of this Code, the director of prisons,
provincial warden, keeper of the jail or prison, or persons who are
required by law to keep said prisoner in their custody shall, if
convicted by a competent court, be sentenced to suffer the penalty
of prision mayor in its maximum period if the prisoner or prisoners
so illegally released commit any act of intimidation, terrorism of
interference in the election.
Any person found guilty of the offense of failure to register or failure
to vote shall, upon conviction, be fined one hundred pesos. In
addition, he shall suffer disqualification to run for public office in the

next succeeding election following his conviction or be appointed to

a public office for a period of one year following his conviction.
Sec. 265. Prosecution. - The Commission shall, through its duly
authorized legal officers, have the exclusive power to conduct
preliminary investigation of all election offenses punishable under
this Code, and to prosecute the same. The Commission may avail of
the assistance of other prosecuting arms of the government:
Provided, however, That in the event that the Commission fails to act
on any complaint within four months from his filing, the complainant
may file the complaint with the office of the fiscal or with the
Ministry of Justice for proper investigation and prosecution, if
warranted.
Sec. 266. Arrest in connection with the election campaign. - No
person shall be arrested and/or detained at any time for any alleged
offense committed during and in connection with any election
through any act or language tending to support or oppose any
candidate, political party or coalition of political parties under or
pursuant to any order of whatever name or nature and by
whomsoever issued except only upon a warrant of arrest issued by a
competent judge after all the requirements of the Constitution shall
have been strictly complied with.
If the offense charged is punishable under a presidential decree
whether originally or by amendment of a previous law, the death
penalty shall not be imposed upon the offender except where
murder, rape or arson is involved. In all cases, the penalty shall not
be higher than reclusion perpetua and the offender shall be entitled
to reasonable bail upon sufficient sureties to be granted speedily by
the competent court. Moreover, loss of the right of citizenship and
confiscation of property shall not be imposed.
Any officer or a person who shall violate any provision of this section
shall be punished by imprisonment of not less than six (6) years and
one (1) day nor more than twelve (12) years, with the accessory
penalties for election offenses. The provision of Section 267 of this
Code shall not apply to prosecution under this section.
Sec. 267. Prescription. - Election offenses shall prescribe after five
years from the date of their commission. If the discovery of the
offense be made in an election contest proceedings, the period of
prescription shall commence on the date on which the judgment in
such proceedings becomes final and executory.
Sec. 268. Jurisdiction of courts. - The regional trial court shall have
the exclusive original jurisdiction to try and decide any criminal
action or proceedings for violation of this Code, except those relating
to the offense of failure to register or failure to vote which shall be

under the jurisdiction of the metropolitan or municipal trial courts.

From the decision of the courts, appeal will lie as in other criminal
cases.
Sec. 269. Preferential disposition of election offenses. - The
investigation and prosecution of cases involving violations of the
election laws shall be given preference and priority by the
Commission
on
Elections
and
prosecuting
officials.
Their
investigation shall be commenced without delay, and shall be
resolved by the investigating officer within five days from its
submission for resolution. The courts shall likewise give preference
to election offenses over all other cases, except petitions for writ of
habeas corpus. Their trial shall likewise be commenced without
delay, and shall be conducted continuously until terminated, and the
case shall be decided within thirty days from its submission for
decision.
ARTICLE XXIII.
LEGAL FEES
Sec. 270. Collection of legal fees. - The Commission is hereby
authorized to collect fees as follows:
(a) For furnishing certified transcript of records or copies of any
record, decision or ruling or entry of which any person is entitled to
demand and receive a copy, for every page P 2.00
(b) For every certificate or writ or process 10.00
(c) For each certificate not on process 2.00
(d) In appropriate cases, for filing a second and succeeding motions
for reconsideration 50.00
(e) For every search of any record of more than one year's standing
and reading the same 10.00
Sec. 271. Payment of Fees. - The fees mentioned in the preceding
section shall be paid to the cashier of the Commission who shall in
all cases issue a receipt for the same and shall enter the amount
received upon his book specifying the date when received, the fee,
and the person from whom received. The cashier shall immediately
report
such
payment
to
the
Commission.
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ARTICLE XXIV.
TRANSITORY PROVISIONS
Sec. 272. Pending actions. - Pending actions and causes of action
arising before the effectivity of this Code shall be governed by the
laws then in force.

Sec. 273. Designation of certain pre-election acts immediately after

the approval of this Code. - If it should no longer be reasonably
possible to observe the periods and dates herein prescribed for
certain pre-election acts in the election immediately following the
approval of this Code, the Commission shall fix other periods in
order to ensure that voters shall not be deprived of their right of
suffrage.
Sec. 274. Accreditation of dominant opposition party. - For purposes
of the next local elections in 1986 and the next presidential elections
in 1987 or earlier, the dominant opposition party shall be that
political party, group or organization or coalition of major national or
regional political parties opposed to the majority party which has the
capability to wage a bona fide nationwide campaign as shown by the
extent of its organization and the number of Members of Parliament
affiliated with it: Provided, however, That with specific reference to
the next local elections in constituencies which are represented in
the Batasang Pambansa by Members who do not belong either to the
majority party or to the political party or coalition of political parties
described above, the representatives of the opposition in the board
of election inspectors, board of canvassers or other similar bodies
shall be proposed exclusively by the party to which said Member of
the Batasang Pambansa belong: Provided, however, That it is
registered before the next local elections.
Any political party, group or organization or coalition of political
parties seeking accreditation under this section shall file a verified
petition with the Commission on Elections stating therein such
information as may be necessary to enable the Commission to
determine the qualifications for accreditation in accordance with the
standard herein provided.
The Commission on Elections shall accredit the dominant opposition
party not later than thirty days before the campaign period in every
election.
In case a presidential election is held before the next local elections
or before the presidential election in 1987, the provisions of the
Constitution shall be enforced in determining which shall be the
dominant opposition party for purposes of the next local elections.
Sec. 275. Party representatives in the board of election inspectors. Until such time as the two accredited political parties are determined
in accordance with the provisions of the Constitution, the two
members shall each be proposed by the ruling party and the
dominant opposition party as may be determined by the Commission
pursuant to the provisions of this Code.

Sec.
276.
Appropriations,
and
insurance
for
board
of
electioninspectors. - The cost of holding the next local elections
provided in this Code shall be funded out of the current
appropriations of the Commission on Elections provided for this
purpose. In case of deficiency, additional funding may be provided
out of the special activities fund intended for special priority
activities authorized in the General Appropriations Act.
The chairman and the poll clerk of the board of election inspectors
shall receive per diem at the rate of one hundred pesos on election
day and fifty pesos on each of the registration and revision days. The
inspectors of the political parties shall be granted a per diem of fifty
pesos on election day and twenty-five pesos on each of the
registration and revision days. Education support personnel of the
Ministry of Education, Culture and Sports shall receive a per diem of
twenty-five pesos during election day.
Supervisors, principals and other administrators of the Ministry of
Education, Culture and Sports who may be asked by the Commission,
and actually report, for supervisory assignment during registration
and election day shall be entitled to a per diem of fifty pesos.
The provincial, city and municipal treasurers shall receive per diem
at the rate of one hundred pesos on election day.
Payments of per diems under this section shall be made within
seventy-two hours after the election or registration day.
The chairman, poll clerk and party representatives in the board of
election inspectors shall be insured with the government Service
Insurance System at fifty thousand pesos each under terms and
conditions that shall be agreed upon by the Chairman of the
Commission, the Ministries of the Budget, and the Minister of
Education, Culture and Sports.
Sec. 277. Special election for President before 1987. - In case a
vacancy in the Office of the President occurs before the presidential
election in 1987, the Speaker of the Batasang Pambansa shall act as
President until a President and a Vice-President or either of them
shall have been elected and shall have qualified. Their term of office
shall commence at noon of the tenth day following their
proclamation, and shall end at noon on the thirtieth day of June of
the sixth year thereafter.
The Acting President may not declare martial law or suspend the
privilege of the writ of habeas corpus without the prior consent of at
least a majority of all the Members of the Batasang Pambansa, or
issue any decree, order or letter of instructions while the lawmaking
power of the President is in force. He shall be deemed automatically
on leave and the Speaker Pro-Tempore shall act as Speaker. While

acting as President, the Speaker may not be removed. He shall not

be eligible for election in the immediately succeeding election for
President and Vice-President.
The Batasang Pambansa shall, at ten o'clock in the morning of the
third day after the vacancy occurs, convene in accordance with its
rules without need of a call and within seven days enact a law
calling for a special election to elect a President and a Vice-president
to be held not earlier than forty-five days nor later than sixty days
from the time of such call. The bill calling such special election shall
be deemed certified under paragraph (2), Section 19, Article VIII of
the Constitution and shall become law upon its approval on third
reading by the Batasang Pambansa. Appropriations for the special
election shall be charged against any current appropriations and
shall be exempt from the requirements of paragraph (4), Section 16
of Article VIII of the Constitution. As provided in the third
paragraph, Section 9 of Article VII thereof, the convening of the
Batasang Pambansa cannot be suspended nor the special election
postponed. No special election shall be called if the vacancy occurs
within seventy days before the date of the presidential election of
1987.
Appointments extended by the Acting President shall remain
effective, unless revoked by the newly elected President within
ninety days from his assumption of office.
Sec. 278. Special election to fill existing vacancies in the Batasang
Pambansa. - The election of Members to fill existing vacancies in the
Batasang Pambansa shall be held simultaneously with the next local
election in 1986 or in the next special national election for President
and Vice-President if one is held earlier.
Sec. 279. Elective officials in existing sub-provinces. - The election of
elective public officials in existing sub-provinces shall likewise be
held simultaneously with the next local elections of 1986 and 1990
in accordance with their respective charters, subject to the same
term, qualifications, manner of election and resolution of election
controversies as are herein provided for comparable provincial
elective
officials.
ARTICLE XXV.
FINAL PROVISIONS
Sec. 280. Reorganization of the Commission on Elections. - In order
to promote maximum efficiency in carrying out its constitutional
duty to insure free, orderly and honest elections and in discharging
its judicial powers and functions under the Constitution, the

Commission is hereby authorized to reorganize its office within

twelve months after the first election to be held under this Code. It
may create, merge, or abolish departments, offices, divisions or
units, redistribute functions and reassign personnel, change
designations of existing positions subject to pertinent existing laws
and regulations. It may recommend the levels and rates of salaries
of its subordinate officials and employees subject to the laws and
regulations on civil service and compensation, position classification
and standardization of salaries: Provided, That no permanent official
or employee already in the service of the Commission, upon approval
of this Code, shall be laid off, or demoted in rank or salary.
Sec. 281. Separability clause. - If for any reason any section or
provision of this Code, or any portion thereof, or the application of
such section, provision or portion to any person, group or
circumstance is declared invalid or unconstitutional, the remainder
of this Code or the application of such section, provision or portion
thereof to other persons, groups or circumstances shall not be
affected by such declaration.
Sec. 282. Repealing clause. - Presidential Decree No. 1296,
otherwise known as The 1978 Election Code, as amended, is hereby
repealed. All other election laws, decrees, executive orders, rules
and regulations, or parts thereof, inconsistent with the provisions of
this Code are hereby repealed, except Presidential Decree No. 1618
and Batas Pambansa Blg. 20 governing the election of the members
of the Sangguniang Pampook of Regions IX and XII.
Sec. 283. Effectivity. - This Code shall take effect upon its approval.
Approved: December 3, 1985

From registration of voters to the canvassing of ballots, here are

common offenses we should watch out:

Registration of voters

Unlawful exclusion of registered voters or inclusion of fictitious voters or

unapproved application forms (Dagdag-Bawas)

Annulment of Book of Voters when prepared thru fraud, bribery,

impersonation, intimidation or contains data that are statistically improbable
NOTE: Ruling or decision annulling the Book of Voters must be implemented within
90 days before an election
SANCTION: Imprisonment of not less than 1 year but not more than 6 years, not
subject to probation, plus disqualification to hold public office and deprivation of the
right of suffrage

Election campaign

Unlawful electioneering like soliciting votes or undertaking

propaganda done (1) on the day of registration and on the day of elections for
or against any candidate or political party, (2) within the polling place and
within a radius of 30 meters

Unlawful intervention of employees in the civil service or members of the Armed

Forces of the Philippines or any police force
SANCTION: Imprisonment of not less than 1 year but not more than 6 years,
not subject to probation, plus disqualification to hold public office and deprivation of
the right of suffrage

Advertising limit
Allotted time per candidate per medium
TV commercials
Less than or equal to 120 minutes national OR 480 15-seconders
Less than or equal to 60 minutes local OR 240 15-seconders
Radio commercials

Less than or equal to 180 minutes national OR 720 15-seconders

Less than or equal to 90 minutes local OR 360 15-seconders
Broadsheetnot more than 1/4 page
Tabloidnot more than 1/2 page
Pamphlets, cards, stickers, etc.8 X 14 in.
Posters (framed or posted)2 X 3 ft.
Streamers3 X 8 ft.

Casting of votes

Illegal voting (any person voting more than once in the same election or voting
even if not registered)

Vote buying (forcing to vote for or against a candidate in exchange of money,

employment or grants)

Vote selling (soliciting or receiving any expenditure or promise to vote for or

against a candidate)

Undue influence (similar to vote selling or buying but addressing the public)

Conspiracy to bribe voters (two or more people agreeing to commit vote buying
or selling)

Preparation of ballot of one thats not illiterate/disabled

Unlawful entry in polling places

RULE: Its unlawful for members of the AFP, PNP, Barangay Council and other peace
officers to enter any polling place and stay within 50 meter radius except (1) they will
vote but must immediately leave after; (2) actual disturbance of peace and order; (3)
Board of Election Inspectors requests (in writing) for protection of election documents

Coercion, threats, fraud, intimidation, terrorism

Arrest or interference of a voter including (1) detaining without lawful cause; (2)
preventing him from going to the polling place or going home after the casting his
vote; (3) compelling him to reveal how he voted
SANCTION: Imprisonment of not less than 1 year but not more than 6 years,
not subject to probation, plus disqualification to hold public office and deprivation of
the right of suffrage

Electoral Sabotage

Tampering, increasing or decreasing the votes received by a candidate or any

member of the board refusing to credit the correct votes or deduct tampered votes

If said acts are perpetrated on a large scale or in substantial numbers (exceeding

5,000 votes) and in any and all cases where the total votes exceed 10,000
SANCTION: All individuals determined to be in conspiracy with the members of the
BEI or BOC involved shall be meted the same penalty of life imprisonment

Here are punishable acts under the law, whether or not they affect the
electoral process or results:

Automated Election System

Unauthorized use, tampering, damaging and stealing of official ballots, election

returns and certificates of canvass of votes, and electronic devices

Interfering with the installation or use of counting devices and the processing and
transmission of results

Gaining access to disclosing any computer data or destroying any computerrelated devices

Refusal of the citizens arm to present its copy of election return to the BOC

Presentation of tampered election returns

Refusal or failure to provide majority and minority parties or the citizens arm
their copy of election returns

Failure to post the voters list within the specified time, duration and in the
designated location
SANCTION: Imprisonment of 8 years and 1 day to 12 years, without possibility of
parole, perpetual disqualification to hold public (even non-elective) office and
deprivation of the right of suffrage

Board of Election Inspectors

Refusal to sign and certify election forms without unjustifiable reason

Prohibition of political activity except to vote

Relieving or changing the assignment without authority of the Commission

Ineligible persons appointing and being appointed into the BEI or BOC

Refusal to issue accredited watchers the Certificate of Votes

Issuance of the Certificate of Votes by the BEI