"The Electoral Reforms Law of 1987" Sec. 27. Election Offenses. - in Addition To The Prohibited Acts and Election Offenses Enumerated in

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 24

I

NON-PARDONABLE OFFENSES
(Violations of special laws to which pardon by the President is not available)

Non-pardonable Offenses Legal Basis


1. Offenses subject of a Const. Art. VII, “Except in cases of impeachment, or as
pending action Sec. 19, par. 1 otherwise provided in this Constitution, the
President may grant reprieves,
commutations, and pardons, and remit
fines and forfeitures, after conviction by
final judgment.”

2. Offenses under election Const. Art. IX-C, “No pardon, amnesty, parole, or suspension
law, rules, and regulations Sec. 5 in relation of sentence for violation of election laws,
where the COMELEC has to Art. VII, Sec. rules, and regulations shall be granted by
not given a favorable 19, par. 1 the President without the favorable
recommendation recommendation of the Commission
(COMELEC)”

3. Impeachment cases

ELECTION LAWS THAT PROVIDE FOR ELECTION OFFENSES


RA 6646  “The Electoral Reforms Law of 1987”
 Sec. 27. Election Offenses. - In addition to the prohibited acts and election offenses enumerated in
Sections 261 and 262 of Batas Pambansa Blg. 881, as amended, the following shall be guilty of an election
offense:
 Any person who causes the printing of official ballots and election returns by any printing establishment which is
not under contract with the Commission on Elections and any printing establishment which undertakes such
unauthorized printing.
 Any member of the board of election inspectors or board of canvassers who tampers, increases, or decreases the
votes received by a candidate in any election or any member of the board who refuses, after proper verification
and hearing, to credit the correct votes or deduct such tampered votes.
 Any member of the board of election inspectors who refuses to issue to duly accredited watchers the certificate of
votes provided in Section 16 hereof.
 Any person who violates Section 11 hereof regarding prohibited forms of election propaganda.
 Any chairman of the board of canvassers who fails to give notice of meetings to other members of the board,
candidate or political party as required under Section 23 hereof.
 Any person declared a nuisance candidate as defined under Section 69 of Batas Pambansa Blg. 881, or is
otherwise disqualified, by final and executory judgment, who continues to misrepresent himself, or holds himself
out, as a candidate, such as by continuing to campaign thereafter, and/or other public officer or private
individual, who knowingly induces or abets such misrepresentation, by commission or omission, shall be guilty of
an election offense and subject to the penalty provided in Section 264 of the same Code

RA 7166  An Act providing for synchronized national and electoral reforms, authorizing appropriations therefor, and
for other purposes
 Sec. 5, Any election campaign or partisan political activity for or against any candidate outside of the campaign
period herein provided is prohibited and shall be considered as an election offense punishable under
Section 263 and 264 of the Omnibus Election Code.
 Sec 9 -- The board of election inspectors shall post, on the wall outside the room where the registration was
conducted, the list of voters in each precinct beginning on the first working day after registration day until
election day. Failure to post said list shall constitute an election offense punishable under 263 and 264 of
the Omnibus Election Code.
 Sec. 24. Signature of Chairman at the Back of Every Ballot. - In every case before delivering an official ballot to
the voter, the chairman of the board of election inspectors shall, in the presence of the voter, affix his signature at
the back thereof. Failure to so authenticate shall be noted in the minutes of the board of election inspectors and
shall constitute an election offense punishable under 263 and 264 of the Omnibus Election Code.
 Sec. 31. Per Diems of Election Inspectors and Other Officials. - Said per diem shall be paid by the cashier or
other finance officer of the Department of Education, Culture and Sports or of the Commission within fifteen
(15) days after registration, revision and election days, respectively. There being funds actually available, any delay
in said payments to any of the abovementioned personnel without justifiable reason shall constitute an election
offense and all officials and other personnel responsible therefor, directly or indirectly, shall be liable
under 263 and 264 of the Omnibus Election Code.
RA 8189  “The Voter’s Registration Act of 1996”
 Sec. 4. Permanent List of Voters - There shall be a permanent list of voters per precinct in each city or
municipality consisting of all registered voters residing within the territorial jurisdiction of every precinct
indicated by the precinct maps.
 Such precinct-level list of voters shall be accompanied by an addition/deletion list for the purpose of updating the
list.
 For the purpose of the 1997 general registration, the Commission shall cause the preparation and posting of all
precinct maps in every barangay nationwide. Five days before the 1997 general registration, individual precinct
maps shall be posted at the door of each polling place. Subsequently, the Election Officer shall be responsible for
the display, throughout the year, of precinct maps in his office and in the bulletin board of the city or municipal
hall.
 The precinct assignment of a voter in the permanent list of voters shall not be changed or altered or transferred to
another precinct without the express written consent of the voter: Provided, however, That the voter shall not
unreasonably withhold such consent. Any violation thereof shall constitute an election offense which shall be
punished in accordance with law.
 Sec. 45. Election Offenses. - The following shall be considered election offenses under this Act
 A. to deliver, hand over, entrust or give, directly or indirectly, his voter's identification card to another in
consideration of money or other benefit of promise; or take or accept such voter's identification card, directly or
indirectly, by giving or causing the giving or money or other benefit or making or causing the making of a promise
therefore;
 B. to fail, without cause, to post or give any of the notices or to make any of the reports re-acquired under this
Act;
 C. to issue or cause the issuance of a voter's identification number or to cancel or cause the cancellation thereof in
violation of the provisions of this Act; or to refuse the issuance of registered voters their voter's identification card;
 D. to accept an appointment, to assume office and to actually serve as a member of the Election Registration
Board although ineligible thereto, to appoint such ineligible person knowing him to be ineligible;
 E. to interfere with, impede, abscond for purpose of gain or to prevent the installation or use of computers and
devices and the processing, storage, generation, and transmission of registration data or information;
 F. to gain, cause access to use, alter, destroy, or disclose any computer data, program, system software, network, or
any computer-related devices, facilities, hardware or equipment, whether classified or declassified;
 G. failure to provide certified voters and deactivated voters list to candidates and heads of representatives of
political parties upon written request as provided in Section 30 hereof;
 H. failure to include the approved application form for registration of a qualified voter in the book of voters of a
particular precinct or the omission of the name of a duly registered voter in the certified list of voters of the
precinct where he is duly, registered resulting in his failure to cast his vote during an election, plebiscite,
referendum, initiative and/or recall. The presence of the form or name in the book of voters or certified list of
voters in precincts other than where he is duly registered shall not be an excuse hereof;
 i. the posting of a list of voters outside or at the door of a precinct on the day of an election, plebiscite,
referendum, initiative and/or recall, and which list is different in contents from the certified list of voters being
used by the Board of Election Inspectors; and
 j. Violation of the provisions of this Act.

RA 8295  An Act providing for the proclamation of a lone candidate for any elective office in a special election, and for
other purposes
Section 5. Prohibited acts, election offenses and penalties. – Any act of coercion, bribery, threat, harassment,
intimidation, terrorism, or actually causing, inflicting or producing violence, injury, punishment, torture, damage,
loss or disadvantage to discourage any other person or persons from filing a certificate of candidacy in order to
eliminate all other potential candidate from running in a special election shall constitute as an election offense.
Violations of this provision shall be prosecuted and penalized in accordance with the provision of Sec. 264 of the
Omnibus Election Code.
RA 9006  “Fair Election Act”
 Section 13. Authority of the COMELEC to Promulgate Rules; Election Offenses. - The COMELEC shall
promulgate and furnish all political parties and candidates and the mass media entities the rules and regulations
for the implementation of this Act, consistent with the criteria established in Article IX-C, Section 4 of the
Constitution and Section 86 of the Omnibus Election Code (Batas Pambansa Bldg. 881).
 Rules and regulations promulgated by the COMELEC under and by authority of this Section shall take effect on
the seventh day after their publication in at least two (2) daily newspapers of general circulation. Prior to 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 mass media.
 Violation of this Act and the rules and regulations of the COMELEC issued to implement this Act shall be an
election offense punishable under the first and second paragraphs of Section 264 of the Omnibus Election Code

RA 9189  “The Overseas Absentee Voting Act of 2003”


 Sec. 24. Prohibited Acts. – In addition to the prohibited acts provided by law, it shall be unlawful:
 a. For any officer or employee of the Philippine government to influence or attempt to influence any person
covered by this Act to vote, or not to vote, for a particular candidate. Nothing in this Act shall be deemed to
prohibit free discussion regarding politics or candidates for public office.
 b. For any person to deprive any person of any right secured in this Act, or to give false information as to his/her
name, address, or period of residence for the purposes of establishing his/her eligibility or ineligibility to register
or vote under this Act; or to conspire with another person for the purpose of encouraging the giving of false
information in order to establish the eligibility or ineligibility of any individual to register or vote under this Act;
or, to pay, or offer to pay, or to accept payment either for application to vote in absentia or for voting;
 c. For any person to tamper with the ballot, the mail containing the ballots for overseas absentee voters, the
election returns, including the destruction, mutilation and manipulation thereof;
 d. For any person to steal, destroy, conceal, mutilate or alter any record, document or paper as required for
purposes of this Act;
 e. For any deputized agent to refuse without justifiable ground, to serve or continue serving, or to comply with
his/her sworn duties after acceptance of his/her appointment;
 f. For any public officer or employee who shall cause the preparation, printing, distribution of information
material, or post the same in websites without the prior approval of the Commission;
 g. For any public officer or employee to cause the transfer, promotion, extension, recall of any member of the
foreign service corps, including members of the attached agencies, or otherwise cause the movement of any such
member from his current post or position one (1) year before and three (3) months after the day of elections,
without securing the prior approval of the Commission;
 h. For any person who, after being deputized by the Commission to undertake activities in connection with the
implementation of this Act, shall campaign for or assist, in whatever manner, candidates in the elections;
 i. For any person who is not a citizen of the Philippines to participate, by word or deed, directly or indirectly
through qualified organizations/associations, in any manner and at any stage of the Philippine political process
abroad, including participation in the campaign and elections.
The provision of existing laws to the contrary notwithstanding, and with due regard to the Principle of Double
Criminality, the prohibited acts described in this section are electoral offenses and punishable in the Philippines.
The penalties imposed under Section 264 of the Omnibus Election Code, as amended, shall be imposed on any
person found guilty of committing any of the prohibited acts as defined in this section: Provided, That the penalty
of prision mayor in its minimum period shall be imposed upon any person found guilty of Section 24.3 hereof
without the benefit of the operation of the Indeterminate Sentence Law. If the offender is a public officer or a
candidate, the penalty shall be prision mayor in its maximum period. In addition, the offender shall be sentenced
to suffer perpetual disqualification to hold public office and deprivation of the right to vote.
Immigrants and permanent residents who do not resume residence in the Philippines as stipulated in their
affidavit under Section 5(d) within three (3) years after approval of his/her registration under this Act and yet vote
in the next elections contrary to the said section, shall be penalized by imprisonment of not less than one (1) year,
and shall be deemed disqualified as provided in Section 5(c) of this Act. His/her passport shall be stamped "not
allowed to vote".

RA 9369  The Election Automating Law


 An Act amending RA 8436…BP 881…RA 7166 and other related election laws, providing funds therefor and for
other purposes
 SECTION 28. Section 29 of Republic Act No. 8436 is hereby amended to read as follows:
 "SECTION 35. Prohibited Acts and Penalties. - The following shall be penalized as provided in this Act, whether
or not said acts affect the electoral process or results:
"(a) Utilizing without authorization, tampering with, damaging, destroying or stealing:
"(1) Official ballots, election returns, and certificates of canvass of votes used in the system; and
"(2) Electronic devices or their components, peripherals or supplies used in the AES such as counting machine,
memory pack/diskette, memory pack receiver and computer set;
"(b) Interfering with, impeding, absconding for purpose of gain, preventing the installation or use of computer
counting devices and the processing, storage, generation and transmission of election results, data or information;
"(c) Gaining or causing access to using, altering, destroying or disclosing any computer data, program, system
software, network, or any computer-related devices, facilities, hardware or equipment, whether classified or
declassified;
"(d) Refusal of the citizens' arm to present for perusal its copy of election return to the board of canvassers;
"(e) Presentation by the citizens' arm of tampered or spurious election returns;
"(f) Refusal or failure to provide the dominant majority and dominant minority parties or the citizens' arm their
copy of election returns; and
"(g) The failure to post the voters' list within the specified time, duration and in the designated location shall
constitute an election offense on the part [of] the election officer concerned."
"Any person convicted for violation of this Act, except those convicted of the crime of electoral sabotage, shall be
penalized with imprisonment of eight years and one day to twelve (12) years without possibility of parole, and
perpetual disqualification to hold public office and deprivation of the right of suffrage. Moreover, the offender
shall be perpetually disqualified to hold any non-elective public office."
 SECTION 31. Section 25 of Republic Act No. 7166 is hereby amended to read as follows:
"Sec 25. Manner of Counting Votes. - In addition to the requirement in the fourth paragraph of Section 12 of
the Republic Act No. 6646 and Section 210 of the Omnibus Election Code, in reading the official ballots during
the counting, the chairman, the poll clerk and the third member shall assume such positions as to provide the
watchers and the members of the public as may be conveniently accommodated in the polling place, an
unimpeded view of the ballot being ready by the chairman, of the election return and the tally board being
simultaneously accomplished by the poll clerk and the third member respectively, without touching any of these
election documents. The table shall be cleared of all unnecessary writing paraphernalia. Any violation of this
requirement shall constitute an election offense punishable under Sections 263 and 264 the Omnibus Election
Code.
"The chairman shall first read the votes for national positions.
"Any violation of this Section, or its pertinent portion, shall constitute an election offense and shall be penalized
in accordance with Batas Pambansa Blg. 881.

 SECTION 32. Section 212 of Batas Pambansa Blg. 881 as amended, is hereby to read as follows:
"SECTION 212. Election Returns. -"In addition, the following shall likewise be guilty of an election offense:
"(a) Any Person who removes the election return posted on the wall, whether within or after the prescribed forty-
eight (48) hours of posting, or defaces the same in any manner;
"(b) Any person who simulates an actual election return, or a print or digital copy thereof;
"(c) Any person who simulates the certification in a print of an election return;
"(d) The chairman or any member of the board of election inspectors who, during the prescribe period of posting,
removes the election return from the wall on which it had been posted other than for the purpose of immediately
transferring it to a more suitable place;
"(e) The chairman or any member of the board of election inspectors who signs or authenticates a print of the
election return outside of the polling place; and
"(f) The chairman or any member of the board of election inspectors who signs or authenticates a print which
bears an image different from the election return produced after counting and posted on the wall."

 SECTION 33. Section 27 of Republic Act No. 7166, as amended by Republic Act No. 8045 and Republic Act
No. 8173, is hereby further amended to read as follows:
"SECTION 27. Number of Copies of Election Returns and Their Distribution. - The board of election
inspectors shall prepare in handwriting the election returns in their respective polling places, in the number of
copies herein provided and in the form to be prescribed and provided by the Commission.
"The copies of election returns shall be distributed by the chairman of the board of election inspectors as follows:
"(a) In the election of president, vice-president, senators and members of the House of Representatives including
the party-list representatives:
"(1) The first copy shall be delivered to the city or municipal board of canvassers;
"(2) The second copy to be posted on a wall within the premises of the polling place;
"(3) The third copy, to the Congress, directed to the President of the Senate;
"(4) The fourth copy, to the Commission;
"(5) The fifth copy, to the dominant majority party as determined by the Commission in accordance with law;
"(6) The sixth copy, to the dominant minority party as determined by the Commission in accordance with law;
"(7) The seventh copy, to a citizens' arm authorized by the Commission to conduct an unofficial count: Provided,
however, That the accreditation of the citizens' arm shall be subject to the provisions of Section 52(k) of Batas
Pambansa Blg. 881; and
 "(8) The eight copy shall be deposited inside the compartment of the ballot box for valid ballots; and
 "(b) In the election of local officials:
 "(1) The first copy shall be delivered to the city or municipal board of canvassers;
 "(2) The second copy to be posted on a wall within the premises of the polling place;
 "(3) The third copy, to the Commission;
 "(4) The fourth copy, to the provincial board of canvassers;
 "(5) The fifth copy, to the dominant majority party as determined by the Commission in accordance with law;
 "(6) The sixth copy, to the dominant minority party as determined by the Commission in accordance with law;
 "(7) The seventh copy, to a citizens' arm authorized by the Commission to conduct an unofficial count: Provided,
however, That the accreditation of the citizens' arm shall be subject to the provisions of Section 52(k) of Batas
Pambansa Blg. 881; and
 "(8) The eighth copy shall be deposited inside the compartment of the ballot box for valid votes.
 "The copy of the election return posted on the wall shall be open for public viewing at any time of the day for
forty-eight (48) hours following its posting. Any person may view or capture an image of the election return by
means of any data capturing device such as, but not limited to, cameras at any time of the day for forty-eight (48)
hours following its posting. After the prescribed period for posting, the chairman of the board of election
inspectors shall collect the posted election returns and keep the same in his custody to be produced for image or
data capturing as may be requested by any voter or for any lawful purpose as may be ordered by competent
authority.
 "Except for those copies that are required to be delivered, copies of election returns may be claimed at the polling
place. Any unclaimed copy shall be brought by the chairman of the board of election inspectors to the canvassing
center where the recipients or their representatives may claim them. Copies still unclaimed at the canvassing
center shall be deemed placed in the custody of the chairman of the board of election inspectors, who shall
produce them when requested by the recipient or when ordered by a competent authority.
 "The thirty (30) certified print copies of the election return for national positions shall be distributed as follows:
 "(a) The first fourteen (14) copies shall be given to the fourteen (14) accredited major national parties in
accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall
decide which parties shall receive the copies on the basis of the criteria provided in Section 26 hereof;
 "(b) The next three copies shall be given to the three accredited major local parties in accordance with a voluntary
agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive
the copies on the basis of criteria analogous to that provided in Section 26 hereof;
 "(c) The next five copies shall be given to national broadcast or print media entities as may be equitably
determined by the Commission in view of propagating the copies to the widest extent possible;
 "(d) The next two copies shall be given to local broadcast or print media entities as may be equitably determined
by the Commission in view of propagating the copies to the widest extent possible;
 "(e) The next four copies to the major citizens' arms, including the accredited citizens' arm, and other non-partisan
groups or organizations enlisted by the Commission pursuant to Section 52(k) of Batas Pambansa Blg. 881;
 "(f) The next copy to be placed inside the compartment of the ballot box for valid ballots; and
 "(g) The last copy to the provincial board of canvassers."
 "The certified print copies may be claimed at the polling place. Any unclaimed copy shall be brought by the
chairman of the board of election inspectors to the canvassing center where the recipients or their representatives
may claim them. Copies still unclaimed at the canvassing center shall be placed in the custody of the chairman of
the board election inspectors, who shall produce them when requested by the recipient or when ordered by a
competent authority.
 "Any provision of law to the contrary notwithstanding, any of the recipients of the print or digital copies of the
election return may conduct an unofficial consolidation of votes and may announce the result to the public.
 "The Commission shall post its digital files in its website for the public to view or download at any time of the day.
The Commission shall maintain the files at least three years from the date of posting.
 "Any violation of this section, or its pertinent portion, shall constitute an election offense and shall be penalized
in accordance with Batas Pambansa Blg. 881."
 SECTION 35. Section 206 of Batas Pambansa Blg. 881 is hereby amended to read as follows:
 "SECTION 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
may rearrange the physical set up of the polling place for the counting or perform any other activity with respect
to the transition from voting [to] counting. However, it may do so only in the presence of the watchers and within
close view of the public. At all times, the ballot boxes and all election documents and paraphernalia shall be
within close view of the watchers and the public.
"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 election, may authorize 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 on account of imminent danger of
widespread violence or similar causes of comparable magnitude: Provided, That the transfer shall been
recommended in writing by the board of election inspectors by unanimous vote and endorsed in writing by the
majority of watchers present: Provided, further, That the said public building shall not be located within the
perimeter of or inside a military or police camp, reservation, headquarters, detachment or field office nor within
the premises of a prison or detention bureau or any law enforcement or investigation agency.
"Any violation of this section, or its pertinent portion, shall constitute an election offense and shall be penalized
in accordance with Batas Pambansa Blg. 881."

 SECTION 37. Section 30 of Republic Act No. 7166 is hereby amended to read as follows:
 "SECTION 30. Congress as the National Board of Canvassers for the Election of President and Vice President:
The Commission en banc as the National Board of Canvassers for the election of senators: Determination of
Authenticity and Due Execution of Certificates of Canvass. - Congress and the Commission en banc shall
determine the authenticity and due execution of the certificate of canvass for president and vice-president and
senators, respectively, as accomplished and transmitted to it by the local boards of canvassers, on a showing that:
(1) each certificate of canvass was executed, signed and thumbmarked by the chairman and members of the board
of canvassers and transmitted or caused to be transmitted to Congress by them;
(2) each certificate of canvass contains the names of all of the candidates for president and vice-president or
senator, as the case may be, and their corresponding votes in words and their corresponding votes in words and in
figures;
(3) there [exists] no discrepancy in other authentic copies of the certificates of canvass or any of its supporting
documents such as statement of votes by city/municipality/by precinct or discrepancy in the votes of any
candidate in words and figures in the certificate; and
(4) there exists no discrepancy in the votes of any candidate in words and figures in the certificate of canvass
against the aggregate number of votes appearing in the election returns of precincts covered by the certificate of
canvass: Provided, That certified print copies of election returns or certificates of canvass may be used for the
purpose of verifying the existence of the discrepancy.
"When the certificate of canvass, duly certified by the board of canvass of each province, city [or] district, appears
to be incomplete, the Senate President or the Chairman of the Commission, as the case may be, shall require the
board of canvassers concerned to transmit by personal delivery, the election returns from polling places that were
not included in the certificate of canvass and supporting statements. Said election returns shall be submitted by
personal delivery within two (2) days from receipt of notice.
"When it appears that any certificate of canvass or supporting statement of votes by city/municipality or by
precinct bears erasures or alterations which may cast doubt as to the veracity of the number of votes stated herein
and may affect the result of the election, upon request of the presidential, vice-presidential or senatorial candidate
concerned or his party, Congress or the Commission en banc, as the case may be, shall, for the sole purpose of
verifying the actual number of votes cast for President and Vice-President or senator, count the votes as they
appear in the copies of the election returns submitted to it.
"In case of any discrepancy, incompleteness, erasure or alteration as mentioned above, the procedure on pre-
proclamation controversies shall be adopted and applied as provided in Sections 17, 18, 19 and 20.
"Any person who presents in evidence a simulated copy of an election return, certificate of canvass or statement of
votes, or a printed copy of an election return, certificate of canvass or statement of votes bearing a simulated
certification or a simulated image, shall be guilty of an election offense and shall be penalized in accordance
with Batas Pambansa Blg. 881."

 SECTION 39. Section 28 of Republic Act No. 7166 is hereby amended as follows:
 "SECTION 28. Canvassing by Provincial, City, District and Municipal Board of Canvassers. -
"a) The city or municipal of board of canvassers shall canvass the election returns of President, Vice President,
Senator and Members of the House of Representatives and for elective provincial and city or municipal officials:
Provided, That the returns for national positions shall be canvassed first. Upon completion of the canvass, it shall
prepare the certificate of canvass for president, vice-president, senators and members the House of Representatives
and elective provincial officials, announce the results of the election for national positions in the city or
municipality, and thereafter, proclaim the elected city or municipal officials, as the case may be.
"b) The city board of canvassers of cities comprising one or more legislative districts shall canvass the election
returns for president, vice-president, senators, members of the House of Representatives and elective city officials:
Provided, That the returns for national positions shall be canvassed first. Upon completion of the canvass, the
board shall prepare the certificate of canvass of president, vice-president, and senators, announce the results of the
election for national positions in the city, and thereafter, proclaim the elected members of the House of the
Representatives and city officials.
"c)
"(1) In the Metro Manila Area such municipality comprising a legislative district shall have district board of
canvassers which shall canvass the election returns for President, Vice-President, Senators, Members for the House
of Representatives and elective municipal officials: Provided, That the returns for national positions shall be
canvassed first. Upon completion of the canvass, it shall prepare the certificate of canvass for president, vice-
president and senators, announce the results of the election for national positions in the municipality, and
thereafter, proclaim the elected member of the House of the Representatives and municipal officials.
"(2) Each component municipality in a legislative district in the Metro Manila Area shall have a municipal board
of canvassers which shall canvass the election returns for president, vice-president, senators, member of the House
of Representatives and elective municipal officials: Provided, That the returns for national positions shall be
canvassed first. Upon completion of the canvass, each shall prepare the certificate of canvass for president, vice-
president, senators, and members of the House of the Representatives, announce the results of the election for
national positions in the municipality, and thereafter, proclaim the elected municipal officials.
"(3) The district board of canvassers of each legislative district comprising two municipalities in the Metro Manila
Areas shall canvass the certificate of canvass for President, Vice-President, Senators and Members of the House of
Representatives submitted by the municipal board of canvassers of the component municipalities. Upon
completion of the canvass, it shall prepare a certificate of canvass for president, vice-president and senators,
announce the results of the election for national positions in the district, and thereafter, proclaim the elected
member of the House of the Representatives in the legislative district,
"(d) The provincial board of canvassers shall canvass the certificate of canvass for president, vice-president,
senators, and members of the House of Representatives and elective provincial officials as well as plebiscite results,
if any plebiscite is conducted simultaneously with the same election, as submitted by the board of canvassers of
municipalities and component cities: Provided, That the returns for national positions shall be canvassed first.
Upon completion of the canvass, it shall prepare the certificate of canvass for president, vice-president, and
senators, announce the results of the election for national positions in the province, and thereafter, proclaim the
elected member of the House of Representatives and provincial officials as well as the plebiscite results, if any.
"In conducting the canvass of election returns or certificates of canvass, as the case may be, the board of canvassers
in a municipality, city, district or province shall project each election return or certificate of canvass on a wall from
which its contents shall be read in order that those present in the canvassing center may follow the progress of the
canvassing process from beginning to end. The Commission may utilize the appropriate projection equipment for
this purpose.
"Immediately after the certificate of canvass for national positions is accomplished, the chairman of the Board of
Canvassers shall announce the posting of the second copy thereof and its supporting statement of votes on a wall
with sufficient lighting within the premises of the canvassing center. He shall then proceed to do the same in the
presence of the other members of the board, the watchers and those present in the canvassing center. Without
delay and when feasible, he shall capture images of the certificate of canvass and supporting statements of votes
using a secured data capturing device and thereafter, while in the premises of the canvassing center, immediately
print the data so captured in thirty (30) copies. The board of canvassers shall then authenticate each printed copy,
in the presence of watchers and within public view, by closely comparing the same with the certificate of canvass
or statement of votes, as the case may be, posted on of the wall. If the board finds each printed copy a faithful
reproduction of the certificate of canvass or statement of votes, all members thereof shall annotate and sign a
certification to that effect on the bottom front of the printed copy.
"Each certified printed copy shall be placed in an envelope and distributed as herein provided. Designated
recipients of the certified printed copies may receive their copies at the canvassing center.
"The chairman of the board shall transmit the digital files of the certificate of canvass and its supporting statement
of votes using a secured transmission device with authentication features to the secured tabulation system of the
Commission and to the systems of the other designated recipients as herein provided.
"Any provision of law to the contrary notwithstanding, any of the recipients of the print or digital copies of the
certificate of canvass and the supporting statements of votes may conduct an unofficial consolidation of votes and
may announce the result thereof to the public.
"Any violation of this section, or its pertinent portion, shall constitute an election offense and shall be penalized
in accordance with Batas Pambansa Blg. 881.
"In addition, the following shall likewise be guilty of an election offense:
"(a) Any person who removes the certificate of canvass posted on the wall, whether within or after the prescribed
forty-eight (48) hours of posting, or defaces the same in any manner;
"(b) Any person who simulates an actual certificates of canvass or statement of votes, or a print or digital copy
thereof;
"(c) Any person who simulates the certification of a certificate of canvass or statement of votes;
"(d) The chairman or any member of the board of canvassers who, during the prescribed period of posting,
removes the certificate of canvass or its supporting statement of votes from the wall on which they have been
posted other than for the purpose of immediately transferring them to a more suitable place;
"(e) The chairman or any member of the board of canvassers who signs or authenticates a print of the certificate of
canvass or its supporting statement of votes outside of the polling place: and
"(f) The chairman or any member of the board of canvassers who signs or authenticates a print which bears an
image different from the certificate of canvass or statement of votes produced after counting and posted on the
wall."

 SECTION 40. Section 29 of Republic Act No. 7166 is hereby amended to read as follows:
 "SECTION29. Number of Copies of Certificates of Canvass and their Distribution. -
a) The certificate of canvass for president, vice-president, senators and members of the House of Representatives
and elective provincial officials shall be prepared in seven copies by the city or municipal board of canvassers and
distributed as follows:
"(1) The first copy shall be delivered to the provincial board of canvassers for use in the canvass election results for
president, vice-president, senators and members of the House of Representatives and elective provincial officials:
"(2) The second copy shall be sent to the Commission;
"(3) The third copy shall be posted on a wall within the premises of the canvassing center;
"(4) The fourth copy shall be kept by the Chairman of the Board; and
"(5) The fifth copy shall be given the citizens' arm designated by the Commission to conduct a media-based
unofficial count, and the sixth and seventh copies shall be given to the representatives of two of the six major
political parties in accordance with the voluntary agreement of the parties. If no such agreement is reached, the
Commission shall decide which parties shall receive the copies of the certificate of the canvass on the basis of the
criteria provided in Section 26 hereof. The parties receiving the certificates shall have the obligation to furnish the
other parties with authentic copies thereof with the least possible delay.
"b) The certificate of canvass for president, vice-president, senators shall be prepared in seven (7) copies by the city
boards of canvassers of cities comprising one or more legislative districts, by provincial boards of canvassers and by
district boards of canvassers in the Metro Manila Area, and distributed as follows:
"(1) The first copy shall be sent to the Congress, directed to the President of the Senate for use in the canvass of
election results for president and vice-president;
"(2) The second copy shall be sent to the Commission for use in the canvass of the election results for Senators;
"(3) The third copy shall be posted on a wall within the premises of the canvassing center;
"(4) The fourth copy shall be kept by the Chairman of the Board; and
"(5) The fifth copy shall be given to the citizens' arm designated by the Commission to conduct a media-based
unofficial count, and the sixth and seventh copies shall be given to the representatives of two of the six major
political parties in accordance with the voluntary agreement of the parties. If no such agreement is reached, the
Commission shall decide which parties shall receive the copies of the certificate of canvass on the basis of the
criteria provided in Section 26 hereof. The parties receiving the certificates shall have the obligation to furnish the
other parties with authentic copies thereof with the least possible delay.
"The copy of the certificate of canvass posted on the wall shall be open for public viewing at any time of the day
for forty-eight (48) hours following its posting. Any person may view or capture an image of the certificate of
canvass. After the prescribed period for posting, the chairman of the board of canvassers shall collect the posted
certificate of canvass and keep the same in his custody to be produced for image or data capturing as may be
requested by any voter or for any lawful purpose as may be ordered competent authority.
"Except for those copies that are required to be delivered, copies of certificates of canvass may be claimed at the
canvassing center. Any unclaimed copy shall be deemed placed in the custody of the chairman of the board of
canvassers, who shall produce them when requested by the recipient or when ordered by a competent authority.
"The thirty (30) certified print copies of the certificate canvass for national positions shall be distributed as follows:
"(a) The first fourteen (14) copies shall be given to the fourteen (14) accredited major national parties in
accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall
decide which parties shall receive the copies on the basis of the criteria provided in Section 26 hereof;
"(b) The next three copies shall be given to the three accredited major local parties in accordance with a voluntary
agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive
the copies in the basis of criteria analogous to that provided in Section 26 hereof;
"(c) The next five copies shall be given to national broadcast or print media entities as may be equitably
determined by the Commission in view of propagating the copies to the widest extent possible;
"(d) The next two copies shall be given to local broadcast or print media entitles as may be equitably determined
by the Commission in view of propagating the copies to the widest extent possible;
"(e) The next four copies to the major citizens' arms, including the accredited citizens' arm, and other non-partisan
groups or organizations enlisted by the Commission pursuant to Section 52(k) of Batas Pambansa Blg. 881; and
(f) The last two copies to be kept in file by the chairman of the board of canvassers to be subsequently distributed
as the national board of canvassers may direct.
"The certified print copies may be claimed at the canvassing center. Any unclaimed copy shall be deemed place in
the custody of the chairman of the board of canvassers, who shall produce them when requested by the recipient
or when ordered by a competent authority.
"The Commission shall post its digital files in its website for the public to view or download at any time of the day.
The Commission shall maintain the files for at least three years from the date of posting.
"Any violation of this section, or its pertinent portion, shall constitute an election offense and shall be penalized
in accordance with Batas Pambansa Blg. 881."

SECTION 42. Section 27 (b) of Republic Act No. 6646 is hereby amended to read as follows:

"SECTION 27. Election Offenses; Electoral Sabotage. - In additional to the prohibited acts and
election offenses enumerated in Section 261 and 262 of Batas Pambansa Blg. 881, as amended, the
following shall be guilty of an election offense or a special election offense to be known as electoral
sabotage:

"(a) x x x

"(b) Any person or member of the board of election inspectors or board of canvassers who tampers,
increases or decreases the votes received by a candidate in any election or any member of the
board who refuses, after proper verification and hearing, to credit the correct votes or deduct such
tampered votes: Provided, however, That when the tampering, increase or decrease of votes or the
refusal to credit the correct votes and/or to deduct tampered votes to deduct tampered votes are
perpetrated on a large scale or in substantial numbers, the same shall be considered, not as an
ordinary election offense under Sections 261 and/or 262 of the Omnibus Election Code, but a special
election offense to be known as electoral sabotage and the penalty to be imposed shall be life
imprisonment.

"The act or offense committed shall fall under the category of electoral sabotage in any of the
following instances;

"(1) When the tampering, increase and/or decrease of votes perpetrated or the refusal to credit the
correct votes or to deduct tampered votes, is/are committed in the election of a national elective
office which is voted upon nationwide and the tampering, increase and/or decrease votes, refusal to
credit the correct votes or to deduct tampered votes, shall adversely affect the results of the election
to the said national office to the extent that losing candidate/s is/are made to appear the winner/s;

"(2) Regardless of the elective office involved, when the tampering, increase and/or decrease of
votes committed or the refusal to credit the correct votes or to deduct tampered votes perpetrated, is
accomplished in a single election document or in the transposition of the figures/results from one
election document to another and involved in the said tampering increase and/or decrease or refusal
to credit correct votes or deduct tampered votes exceed five thousand (5,000) votes, and that the
same adversely affects the true results of the election;

"(3) Any and all other forms or tampering increase/s and/or decrease/s of votes perpetuated or in
cases of refusal to credit the correct votes or deduct the tampered votes, where the total votes
involved exceed ten thousand (10,000) votes;

"Provided finally, That any and all either persons or individuals determined to be conspiracy or in
connivance with the members of the BEIs or BOCs involved, shall be meted the same penalty of life
imprisonment."
Latin Terminology English Translation Special Laws Applicable
1. RA No. 9208 as amended by
Animus Abducendi Intent to Lead or Take Away RA No. 10364: Trafficking in
Persons Act
Animus Belligerendi Intent to Wage War -
1. RA No. 6235: Anti-Hijacking
Animus Capiendi Intent to Take or Capture
Law
Animus Defamandi Intent to Defame -
Animus Derelinquendi Intent to Abandon -
Animus Deserendi Intent to Desert -
1. BP Blg. 22: Anti-Bouncing
Animus Felonicus Intent to Commit a Felony
Checks Law
Animus Furandi Intent to Steal
1. RA No. 7610: Child Abuse Law
Animus Injuriandi Intent to Injure, especially to Insult 2. CA No. 616: An Act to Punish
Espionage
1. PD No. 532: Anti-Piracy Law
2. RA No. 9208 as amended by
RA No. 10364: Trafficking in
Persons Act
3. RA No. 9775: Anti-Child
Animus Lucrandi Intent to Make a Gain or Profit
Pornography Law
4. RA No. 10883: Carnapping
5. PD No. 533: Catlle Rustling
6. PD No. 330 – Illegal Logging
7. PD No. 1612: Anti-Fencing Law
Animus Malus An Evil Intent -
Animus Morandi Intent to Delay -
1. RA No. 9745: Anti-Torture Act
2. RA No. 8049: Anti-Hazing Law
3. RA No. 9262: Anti-Violence
Animus Nocendi Intent to Harm
against Women and Children
Act
4. RA No. 7610: Child Abuse Law;
Animus Occidendi Intent to Kill -
Animus Occupandi Intent to Occupy -
Animus Possidendi Intent to Possess a Thing 1. RA No, 10591: Unlawful
Possession of Firearms
2. PD No. 1866 as amended by
RA No. 9516: Law on
Explosives
3. RA No. 9165, Section 15:
Possession of Dangerous
Drugs;
Animus Rem Sibi Habiendi Intent to Appropriate the Thing as One’s Own -
Animus Ulciscendi Intent to Take Revenge -
Intent to Perpetrate an Act with Knowledge 1. RA No. 9372: Human Security
Mens Rea Act
that it is a Felony
2. RA No. 7080: Plunder

LIST OF SPECIAL PENAL LAWS WITH RETROACTIVE EFFECT


(As EXPRESSLY provided under such laws)

SPECIAL PENAL LAW SPECIFIC PROVISION


REPUBLIC ACT No. 3019 Section 16. Effectivity. This Act shall take effect
ANTI-GRAFT AND CORRUPT on its approval, but for the purpose of determining
PRACTICES ACT unexplained wealth, all property acquired by a
public officer since he assumed office shall be
taken into consideration.
REPUBLIC ACT No. 1379 Section 14. Effective date. This Act shall take
AN ACT DECLARING FORFEITURE IN effect on its approval, and shall apply not only to
FAVOR OF THE STATE ANY property thereafter unlawfully acquired but also to
PROPERTY FOUND TO HAVE BEEN property unlawfully acquired before the effective
UNLAWFULLY ACQUIRED BY ANY date of this Act.
PUBLIC OFFICER OR EMPLOYEE
AND PROVIDING FOR THE
PROCEEDINGS THEREFOR.

REPUBLIC ACT NO. 9346 SEC. 2. In lieu of the death penalty, the
AN ACT PROHIBITING THE following shall be imposed.
IMPOSITION OF DEATH PENALTY IN (a) the penalty of reclusion perpetua, when the law
THE PHILIPPINES violated makes use of the nomenclature of the
penalties of the Revised Penal Code; or
(b) the penalty of life imprisonment, when the law
violated does not make use of the nomenclature of
the penalties of the Revised Penal Code.
SEC. 3. Person convicted of offenses punished
with reclusion perpetua, or whose sentences will be
reduced to reclusion perpetua, by reason of this
Act, shall not be eligible for parole under Act No.
4180, otherwise known as the Indeterminate
Sentence Law, as amended.

REPUBLIC ACT NO. 8042 SEC. 9. VENUE. - A criminal action arising from
MIGRANT WORKERS AND OVERSEAS illegal recruitment as defined herein shall be filed
FILIPINOS ACT OF 1995 with the Regional Trial Court of the province or city
where the offense was committed or where the
offended party actually resides at the same time of
the commission of the offense: Provided, That the
court where the criminal action is first filed shall
acquire jurisdiction to the exclusion of other
courts. Provided, however, That the aforestated
provisions shall also apply to those criminal
actions that have already been filed in court at the
time of the effectivity of this Act.
REPUBLIC ACT NO. 9344 1 SEC. 64. Children in Conflict with the Law

1 For additional information, see Joemar Ortega vs. People of the Philippines, G.R. No. 151085, August 20, 2008
AN ACT ESTABLISHING A Fifteen (15) Years Old and Below. - Upon
COMPREHENSIVE JUVENILE effectivity of this Act, cases of children fifteen (15)
JUSTICE AND WELFARE SYSTEM, years old and below at the time of the commission
CREATING THE JUVENILE JUSTICE of the crime shall immediately be dismissed and
AND WELFARE COUNCIL UNDER the child shall be referred to the appropriate local
THE DEPARTMENT OF JUSTICE, social welfare and development officer. Such officer,
APPROPRIATING FUNDS THEREFOR upon thorough assessment of the child, shall
AND FOR OTHER PURPOSES determine whether to release the child to the
custody of his/her parents, or refer the child to
prevention programs as provided under this Act.
Those with suspended sentences and undergoing
rehabilitation at the youth rehabilitation center
shall likewise be released, unless it is contrary to
the best interest of the child.
SEC. 68. Children Who Have Been Convicted
and are Serving Sentence. - Persons who have
been convicted and are serving sentence at the time
of the effectivity of this Act, and who were below
the age of eighteen (18) years at the time the
commission of the offense for which they were
convicted and are serving sentence, shall likewise
benefit from the retroactive application of this Act.
They shall be entitled to appropriate dispositions
provided under this Act and their sentences shall
be adjusted accordingly. They shall be immediately
released if they are so qualified under this Act or
other applicable law.

REPUBLIC ACT NO. 10951 Section 100. Retroactive Effect.— This Act shall
AN ACT ADJUSTING THE AMOUNT have retroactive effect to the extent that it is
OR THE VALUE OF PROPERTY AND favorable to the accused or person serving sentence
DAMAGE ON WHICH A PENALTY IS by final judgment.
BASED AND THE FINES IMPOSED Section 101. Transitory Provision; Applicability
UNDER THE REVISED PENAL CODE, to Pending Cases.— For cases pending before the
AMENDING FOR THE PURPOSE ACT courts upon the effectivity of this Act where trial
NO. 3815, OTHERWISE KNOWN AS has already started, the courts hearing such cases
“THE REVISED PENAL CODE”, AS shall not lose jurisdiction over the same by virtue
AMENDED of this Act.

REPUBLIC ACT NO. 10158 Sec. 2. Effect on Pending Cases. – All pending
AN ACT DECRIMINALIZING cases under the provisions of Article 202 of the
VAGRANCY, AMENDING FOR THIS Revised Penal Code on Vagrancy prior to its
PURPOSE ARTICLE 202 OF ACT NO. amendment by this Act shall be dismissed upon
3815, AS AMENDED, OTHERWISE effectivity of this Act.
KNOWN AS THE REVISED PENAL Sec. 3. Immediate Release of Convicted
CODE Persons. – All persons serving sentence for
violation of the provisions of Article 202 of the
Revised Penal Code on Vagrancy prior to its
amendment by this Act shall be immediately
released upon effectivity of this Act: Provided, That
they are not serving sentence or detained for any
other offense or felony.

REPUBLIC ACT NO. 8368 Sec. 3. Effect on pending cases. —


All pending cases under the provisions of
AN ACT REPEALING PRESIDENTIAL Presidential Decree No. 772 shall be dismissed
DECREE NO. 772, upon the effectivity of this Act.
ENTITLED "PENALIZING SQUATTING
AND OTHER SIMILAR ACTS."

BATAS PAMBANSA BILANG 6 Sec. 2. Article twenty-two of the Revised Penal


AN ACT REDUCING THE PENALTY Code shall apply to persons previously convicted
FOR ILLEGAL POSSESSION OF under paragraph three of Presidential Decree
BLADED, POINTED OR BLUNT Numbered Nine.
WEAPONS, AND FOR OTHER
PURPOSES, AMENDING FOR THE
PURPOSE PRESIDENTIAL DECREE
NUMBERED NINE.

Republic Act No. 7636 Section 1. Republic Act Numbered One Thousand Seven
Hundred (R.A. No. 1700), otherwise known as the Anti-Subversion Act,
September 24, 1992 as revived by Executive Order Numbered One Hundred Sixty-Seven
AN ACT REPEALING REPUBLIC ACT (E.O. No. 167) and subsequently amended by Executive Order
NUMBERED ONE THOUSAND SEVEN Numbered Two Hundred Seventy-Six (E.O. No. 276) is hereby
HUNDRED, AS AMENDED, repealed.
OTHERWISE KNOWN AS THE ANTI-
SUBVERSION ACT

You might also like