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Election.notes

Election.notes

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I. General Principles (Constitutional Provisions) a. Art. II, Sec. 1. The Philippines is a democratic and republican State.

Sovereignt resides in the people and all government authorit emanates !rom them. A democratic and republican government derives all its po"ers, directl or indirectl , !rom the people at large. Its essence is indirect rule. Actual sovereignt is e#ercised b the people b means o! su!!rage. $epublican State % is a state "herein all government authorit emanates !rom the people and is e#ercised b representatives chosen b people. Aspects o! &irect democrac % initiative and re!erendum (Art 'I, Sec () and Art *'II Sec )) State is a corporate entit + government is the institution through "hich the state e#ercises po"er+ administration consists o! the set o! people currentl running the institution. b. Art *I, Sec 1. Public o!!ice is a public trust. Public o!!icers and emplo ees must, at all times, be accountable to the people, serve them "ith utmost responsibilit , integrit , lo alt , and e!!icienc + act "ith patriotism and ,ustice, and lead modest lives. Public o!!ice is public trust % the basic idea o! the government in the Phil is that o! a representative government, the o!!icers being mere agents and not rulers o! the people, one "here no one man or set o! men has a propriet or contractual right to an o!!ice, but "here ever o!!icer accepts o!!ice pursuant to the provisions o! la" and holds o!!ice as a trust !or the people "hom he represents. c. i. Article II % &eclaration o! State Policies Sec. 1. The Philippines is a democratic and republican State. Sovereignt resides in the people and all government authorit emanates !rom them. Sec. 1(. The State recogni-es the vital role o! the outh in nation. building and shall promote and protect their ph sical, moral, spiritual, intellectual, and social "ell.being. It shall inculcate in the outh patriotism and nationalism, and encourage their involvement in public and civic a!!airs. /elp the outh vote "isel b the time the are eligible to vote. Sec. )(. The State shall encourage non.governmental, communit .based, or sectoral organi-ations that promote the "el!are o! the nation. As0 not "hat our countr can do !or ou but "hat ou can do !or our countr . Sec )1. The State shall guarantee e2ual access to opportunities !or public service and prohibit political d nasties as ma be de!ined b la". Purpose is to give substance to the desire !or the e2uali-ation o! political opportunities. &e!inition o! political d nast is le!t to the legislature (no such la" to date) i. Article III % 3ill o! $ights Sec 4. 5o la" shall be passed abridging the !reedom o! speech, o! e#pression, or o! the press, or the right o! the people peaceabl to assemble and petition the government !or redress o! grievances.

5o suppression on political ads but onl a regulation o! the time and manner o! advertising. Content.neutral restriction not content.based. Sec. 6. 5o la" shall be made respecting an establishment o! religion, or prohibiting the !ree e#ercise thereo!. The !ree e#ercise and en,o ment o! religious pro!ession and "orship, "ithout discrimination or pre!erence, shall !orever be allo"ed. 5o religious test shall be re2uired !or the e#ercise o! civil or political rights. Sec. 7. The right o! the people, including those emplo ed in the public and private sectors, to !orm unions, associations, or societies !or purposes not contrar to la" shall not be abridged. Sec. 11. All persons shall have the right to a speed disposition o! their cases be!ore all ,udicial, 2uasi.,udicial, or administrative bodies. Sec. 17. (1) 5o person shall be detained solel b reason o! his political belie!s and aspirations. ())5o involuntar servitude in an !orm shall e#ist e#cept as a punishment !or a crime "hereo! the part shall have been dul convicted. ii. Article I* . Constitutional Commissions 1. Article I*.A Common Provisions Sec. 1. The Constitutional Commissions, "hich shall be independent, are the Civil Service Commission, the Commission on 8lections, and the Commission on Audit. Sec. ). 5o member o! a Constitutional Commission shall, during his tenure, hold an other o!!ice or emplo ment. 5either shall he engage in the practice o! an pro!ession or in the active management or control o! an business "hich, in an "a , ma be a!!ected b the !unctions o! his o!!ice, nor shall he be !inanciall interested, directl or indirectl , in an contract "ith, or in an !ranchise or privilege granted b the Government, an o! its subdivisions, agencies, or instrumentalities, including government.o"ned or controlled corporations or their subsidiaries. Sec (. The salar o! the Chairman and the Commissioners shall be !i#ed b la" and shall not be decreased during their tenure. Sec 4. The Constitutional Commissions shall appoint their o!!icials and emplo ees in accordance "ith la". Sec 6. The Commission shall en,o !iscal autonom . Their approved annual appropriations shall be automaticall and regularl released. Sec 1. 8ach Commission en banc ma promulgate its o"n rules concerning pleadings and practice be!ore it or be!ore an o! its o!!ices. Such rules, ho"ever, shall not diminish, increase, or modi! substantive rights. Sec 9. 8ach Commission shall decide b a ma,orit vote o! all its :embers, an case or matter brought be!ore it "ithin si#t da s !rom the date o! its submission !or decision or resolution. A case or matter is deemed submitted !or decision or resolution upon the !iling o! the last pleading, brie!, or memorandum re2uired b the rules o! the Commission or b the Commission itsel!. ;nless other"ise provided b this Constitution or b la", an decision, order, or ruling o! each Commission ma be brought to the Supreme Court on certiorari b the aggrieved part "ithin thirt da s !rom receipt o! a cop thereo!.

Sec 7. 8ach Commission shall per!orm such other !unctions as ma be provided b la". ). Art I* 3 % The Civil Service Commission, Sec. ). (1) The civil service embraces all branches, subdivisions, instrumentalities, and agencies o! the Government, including government.o"ned or controlled corporations "ith original charters. ()) Appointments in the civil service shall be made onl according to merit and !itness to be determined, as !ar as practicable, and, e#cept to positions "hich are polic . determining, primaril con!idential, or highl technical, b competitive e#amination. (() 5o o!!icer or emplo ee o! the civil service shall be removed or suspended e#cept !or cause provided b la". (4) 5o o!!icer or emplo ee in the civil service shall engage, directl or indirectl , in an electioneering or partisan political campaign. (6) The right to sel!.organi-ation shall not be denied to government emplo ees. (1) Temporar emplo ees o! the Government shall be given such protection as ma be provided b la". Sec. 1. 5o candidate "ho has lost in an election shall, "ithin one ear a!ter such election, be appointed to an o!!ice in the Government or an Government.o"ned or controlled corporations or in an o! their subsidiaries. Sec. 9. 5o elective o!!icial shall be eligible !or appointment or designation in an capacit to an public o!!ice or position during his tenure. iii. Art. I*.C % Commission on 8lections Sec. 1. (1) There shall be a Commission on 8lections composed o! a Chairman and si# Commissioners "ho shall be natural.born citi-ens o! the Philippines and, at the time o! their appointment, at least thirt .!ive ears o! age, holders o! a college degree, and must not have been candidates !or an elective positions in the immediatel preceding elections. /o"ever, a ma,orit thereo!, including the Chairman, shall be members o! the Philippine 3ar "ho have been engaged in the practice o! la" !or at least ten ears. ()) The Chairman and the Commissioners shall be appointed b the President "ith the consent o! the Commission on Appointments !or a term o! seven ears "ithout reappointment. <! those !irst appointed, three :embers shall hold o!!ice !or seven ears, t"o :embers !or !ive ears, and the last :embers !or three ears, "ithout reappointment. Appointment to an vacanc shall be onl !or the une#pired term o! the predecessor. In no case shall an :ember be appointed or designated in a temporar or acting capacit . Sec. ). The Commission on 8lections shall e#ercise the !ollo"ing po"ers and !unctions= (1) 8n!orce and administer all la"s and regulations relative to the conduct o! an election, plebiscite, initiative, re!erendum, and recall. ()) 8#ercise e#clusive original ,urisdiction over all contests relating to the elections, returns, and 2uali!ications o! all elective regional, provincial, and cit o!!icials, and appellate ,urisdiction over all contests involving elective municipal o!!icials decided b trial courts o! general ,urisdiction, or involving elective baranga o!!icials decided b trial courts o! limited ,urisdiction. &ecisions, !inal orders, or rulings o! the Commission on election contests involving elective municipal and baranga o!!ices shall be !inal, e#ecutor , and not appealable.

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(6)

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(7)

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&ecide, e#cept those involving the right to vote, all 2uestions a!!ecting elections, including determination o! the number and location o! polling places, appointment o! election o!!icials and inspectors, and registration o! voters. &eputi-e, "ith the concurrence o! the President, la" en!orcement agencies and instrumentalities o! the Government, including the Armed >orces o! the Philippines, !or the e#clusive purpose o! ensuring !ree, orderl , honest, peace!ul, and credible elections. $egister, a!ter su!!icient publication, political parties, organi-ations, or coalitions "hich, in addition to other re2uirements, must present their plat!orm or program o! government+ and accredit citi-ens? arms o! the Commission on 8lections. $eligious denominations and sects shall not be registered. Those "hich see0 to achieve their goals through violence or unla"!ul means, or re!use to uphold and adhere to this Constitution, or "hich are supported b an !oreign government shall li0e"ise be re!used registration. >inancial contributions !rom !oreign governments and their agencies to political parties, organi-ations, coalitions, or candidates related to elections, constitute inter!erence in national a!!airs, and, "hen accepted, shall be an additional ground !or the cancellation o! their registration "ith the Commission, in addition to other penalties that ma be prescribed b la". >ile, upon a veri!ied complaint, or on its o"n initiative, petitions in court !or inclusion or e#clusion o! voters+ investigate and, "here appropriate, prosecute cases o! violations o! election la"s, including acts or omissions constituting election !rauds, o!!enses, and malpractices. $ecommend to the Congress e!!ective measures to minimi-e election spending, including limitation o! places "here propaganda materials shall be posted, and to prevent and penali-e all !orms o! election !rauds, o!!enses, malpractices, and nuisance candidacies. $ecommend to the President the removal o! an o!!icer or emplo ee it has deputi-ed, or the imposition o! an other disciplinar action, !or violation or disregard o!, or disobedience to, its directive, order, or decision. Submit to the President and the Congress, a comprehensive report on the conduct o! each election, plebiscite, initiative, re!erendum, or recall.

Sec. (. The Commission on 8lections ma sit en banc or in t"o divisions, and shall promulgate its rules o! procedure in order to e#pedite disposition o! election cases, including pre. proclamation controversies. All such election cases shall be heard and decided in division, provided that motions !or reconsideration o! decisions shall be decided b the Commission en banc. Sec. 4. The Commission ma , during the election period, supervise or regulate the en,o ment or utili-ation o! all !ranchises or permits !or the operation o! transportation and other public utilities, media o! communication or in!ormation, all grants, special privileges, or concessions granted b the Government or an subdivision, agenc , or instrumentalit thereo!, including an government.o"ned or controlled corporation or its subsidiar . Such supervision or regulation shall aim to ensure e2ual opportunit , and e2ual rates there!or, !or public in!ormation campaigns and !orums among candidates in connection "ith the ob,ective o! holding !ree, orderl , honest, peace!ul, and credible elections. Sec. 6. 5o pardon, amnest , parole, or suspension o! sentence !or violation o! election la"s, rules, and regulations shall be granted b the President "ithout the !avorable recommendation o! the Commission.

Sec. 1. A !ree and open part s stem shall be allo"ed to evolve according to the !ree choice o! the people, sub,ect to the provisions o! this Article. Sec. 9. 5o votes cast in !avor o! a political part , organi-ation, or coalition shall be valid, e#cept !or those registered under the part .list s stem as provided in this Constitution. Sec. 7. Political parties, or organi-ations or coalitions registered under the part .list s stem, shall not be represented in the voters? registration boards, boards o! election inspectors, boards o! canvassers, or other similar bodies. /o"ever, the shall be entitled to appoint poll "atchers in accordance "ith la". Sec. @. ;nless other"ise !i#ed b the Commission in special cases, the election period shall commence ninet da s be!ore the da o! election and shall end thirt da s therea!ter. Sec. 1A. 3ona !ide candidates !or an public o!!ice shall be !ree !rom an !orm o! harassment and discrimination. Sec. 11. >unds certi!ied b the Commission as necessar to de!ra the e#penses !or holding regular and special elections, plebiscites, initiatives, re!erenda, and recalls, shall be provided in the regular or special appropriations and, once approved, shall be released automaticall upon certi!ication b the Chairman o! the Commission. Article * % Bocal Government 1. G858$AB P$<'ISI<5S Sec. 1. The territorial and political subdivisions o! the $epublic o! the Philippines are the provinces, cities, municipalities, and baranga s. There shall be autonomous regions in :uslim :indanao and the Cordilleras as hereina!ter provided. Sec. ). The territorial and political subdivisions shall en,o local autonom . Sec. (. The Congress shall enact a local government code "hich shall provide !or a more responsive and accountable local government structure instituted through a s stem o! decentrali-ation "ith e!!ective mechanisms o! recall, initiative, and re!erendum, allocate among the di!!erent local government units their po"ers, responsibilities, and resources, and provide !or the 2uali!ications, election, appointment and removal, term, salaries, po"ers and !unctions and duties o! local o!!icials, and all other matters relating to the organi-ation and operation o! the local units. Sec. 4. The President o! the Philippines shall e#ercise general supervision over local governments. Provinces "ith respect to component cities and municipalities, and cities and municipalities "ith respect to component baranga s, shall ensure that the acts o! their component units are "ithin the scope o! their prescribed po"ers and !unctions. Sec. 6. 8ach local government unit shall have the po"er to create its o"n sources o! revenues and to lev ta#es, !ees and charges sub,ect to such guidelines and limitations as the Congress ma provide, consistent "ith the basic polic o! local autonom . Such ta#es, !ees, and charges shall accrue e#clusivel to the local governments. Sec. 1. Bocal government units shall have a ,ust share, as determined b la", in the national ta#es "hich shall be automaticall released to them. Sec. 9. Bocal governments shall be entitled to an e2uitable share in the proceeds o! the utili-ation and development o! the national iv.

"ealth "ithin their respective areas, in the manner provided b la", including sharing the same "ith the inhabitants b "a o! direct bene!its. Sec. 7. The term o! o!!ice o! elective local o!!icials, e#cept baranga o!!icials, "hich shall be determined b la", shall be three ears and no such o!!icial shall serve !or more than three consecutive terms. 'oluntar renunciation o! the o!!ice !or an length o! time shall not be considered as an interruption in the continuit o! his service !or the !ull term !or "hich he "as elected. Sec. @. Begislative bodies o! local governments shall have sectoral representation as ma be prescribed b la". Sec. 1A. 5o province, cit , municipalit , or baranga ma be created, divided, merged, abolished, or its boundar substantiall altered, e#cept in accordance "ith the criteria established in the local government code and sub,ect to approval b a ma,orit o! the votes cast in a plebiscite in the political units directl a!!ected. Sec. 11. The Congress ma , b la", create special metropolitan political subdivisions, sub,ect to a plebiscite as set !orth in Section 1A hereo!. The component cities and municipalities shall retain their basic autonom and shall be entitled to their o"n local e#ecutive and legislative assemblies. The ,urisdiction o! the metropolitan authorit that "ill thereb be created shall be limited to basic services re2uiring coordination. Sec. 1). Cities that are highl urbani-ed, as determined b la", and component cities "hose charters prohibit their voters !rom voting !or provincial elective o!!icials, shall be independent o! the province. The voters o! component cities "ithin a province, "hose charters contain no such prohibition, shall not be deprived o! their right to vote !or elective provincial o!!icials. Sec. 1(. Bocal government units ma group themselves, consolidate or coordinate their e!!orts, services, and resources !or purposes commonl bene!icial to them in accordance "ith la". Sec. 14. The President shall provide !or regional development councils or other similar bodies composed o! local government o!!icials, regional heads o! departments and other government o!!ices, and representatives !rom non.governmental organi-ations "ithin the regions !or purposes o! administrative decentrali-ation to strengthen the autonom o! the units therein and to accelerate the economic and social gro"th and development o! the units in the region. ). A;T<5<:<;S $8GI<5S Sec. 16. There shall be created autonomous regions in :uslim :indanao and in the Cordilleras consisting o! provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics "ithin the !rame"or0 o! this Constitution and the national sovereignt as "ell as territorial integrit o! the $epublic o! the Philippines. Sec. 11. The President shall e#ercise general supervision over autonomous regions to ensure that la"s are !aith!ull e#ecuted. Sec. 19. All po"ers, !unctions, and responsibilities not granted b this Constitution or b la" to the autonomous regions shall be vested in the 5ational Government. Sec. 17. The Congress shall enact an organic act !or each autonomous region "ith the assistance and participation o! the regional consultative commission composed o! representatives appointed b the President !rom a list o! nominees !rom multi. sectoral bodies. The organic act shall de!ine the basic structure

o! government !or the region consisting o! the e#ecutive department and legislative assembl , both o! "hich shall be elective and representative o! the constituent political units. The organic acts shall li0e"ise provide !or special courts "ith personal, !amil , and propert la" ,urisdiction consistent "ith the provisions o! this Constitution and national la"s. The creation o! the autonomous region shall be e!!ective "hen approved b ma,orit o! the votes cast b the constituent units in a plebiscite called !or the purpose, provided that onl provinces, cities, and geographic areas voting !avorabl in such plebiscite shall be included in the autonomous region. Sec. 1@. The !irst Congress elected under this Constitution shall, "ithin eighteen months !rom the time o! organi-ation o! both /ouses, pass the organic acts !or the autonomous regions in :uslim :indanao and the Cordilleras. Sec. )A. Cithin its territorial ,urisdiction and sub,ect to the provisions o! this Constitution and national la"s, the organic act o! autonomous regions shall provide !or legislative po"ers over= (1) Administrative organi-ation+ ()) Creation o! sources o! revenues+ (() Ancestral domain and natural resources+ (4) Personal, !amil , and propert relations+ (6) $egional urban and rural planning development+ (1) 8conomic, social, and tourism development+ (9) 8ducational policies+ (7) Preservation and development o! the cultural heritage+ and (@) Such other matters as ma be authori-ed b la" !or the promotion o! the general "el!are o! the people o! the region. Sec. )1. The preservation o! peace and order "ithin the regions shall be the responsibilit o! the local police agencies "hich shall be organi-ed, maintained, supervised, and utili-ed in accordance "ith applicable la"s. The de!ense and securit o! the regions shall be the responsibilit o! the 5ational Government. II. Su!!rage a. Article ' Su!!rage (D79C) Sec. 1. Su!!rage ma be e#ercised b all citi-ens o! the Philippines, not other"ise dis2uali!ied b la", "ho are at least eighteen ears o! age, and "ho shall have resided in the Philippines !or at least one ear and in the place "herein the propose to vote, !or at least si# months immediatel preceding the election. 5o literac , propert , or other substantive re2uirement shall be imposed on the e#ercise o! su!!rage. Sec. ). The Congress shall provide a s stem !or securing the secrec and sanctit o! the ballot as "ell as a s stem !or absentee voting b 2uali!ied >ilipinos abroad. The Congress shall also design a procedure !or the disabled and the illiterates to vote "ithout the assistance o! other persons. ;ntil then, the shall be allo"ed to vote under e#isting la"s and such rules as the Commission on 8lections ma promulgate to protect the secrec o! the ballot. Su!!rage % the right and obligation o! 2uali!ied citi-ens to vote= (1) in the election o! certain national and local o!!icials, and ()) in the decision o! public 2uestions submitted to the people. It is a political right "hich enables ever citi-en to participate in the process o! government to assure that it derives it po"ers !rom the consent o! the governed. It operates on the principle o! Eone man (or one "oman), one vote.E Su!!rage is not a natural right but a privilege "hich ma be given or "ithheld b the la"ma0ing po"er sub,ect to constitutional limitations. It is not necessaril an accompaniment

o! citi-enship+ it is granted onl upon the !ul!illment o! certain minimum conditions. &is2uali!ied b la" (1) Persons sentenced b !inal ,udgment to su!!er imprisonment !or not less than one (1) ear. (Note: he / she shall automatically re-acquire the right to vote upon the expiration of 5 years after the service of sentence.) ()) Persons ad,udged b !inal ,udgment o! having committed an crime involving dislo alt to the dul constituted government (e.g. rebellion, sedition, violation o! the !irearms la") or an crime against national securit . (Note: he / she shall automatically re-acquire the right to vote upon the expiration of 5 years after the service of sentence.) (() Insane or incompetent persons as declared b competent authorit . b. :inute $esolution A@.A(A9 as amended b $esolution 5o. 776@ C<:8B8C

III. Citi-enship a. Article I' . Citi-enship Sec. 1. The !ollo"ing are citi-ens o! the Philippines= (1) Those "ho are citi-ens o! the Philippines at the time o! the adoption o! this Constitution+ ()) Those "hose !athers or mothers are citi-ens o! the Philippines+ (() Those born be!ore Fanuar 19, 1@9(, o! >ilipino mothers, "ho elect Philippine Citi-enship upon reaching the age o! ma,orit + and (4) Those "ho are naturali-ed in the accordance "ith la". Sec. ). 5atural.born citi-ens are those "ho are citi-ens o! the Philippines !rom birth "ithout having to per!orm an act to ac2uire or per!ect their Philippine citi-enship. Those "ho elect Philippine citi-enship in accordance "ith paragraph ((), Section 1 hereo! shall be deemed natural.born citi-ens. Sec. (. Philippine citi-enship ma be lost or reac2uired in the manner provided b la". Sec. 4. Citi-ens o! the Philippines "ho marr aliens shall retain their citi-enship, unless b their act or omission the are deemed, under the la" to have renounced it. Sec. 6. &ual allegiance o! citi-ens is inimical to the national interest and shall be dealt "ith b la". b. $A @))6 % &ual Citi-enship arises "hen there is con!lict bet"een the la"s o! both parents+ ou can e#ercise right to su!!rage but cannot run !or public o!!ice unless renouncement o! !oreign citi-enship.

I'.

8lective Constitutional <!!icers President and 'ice President % Art. 'II % 8#ecutive &epartment Sec. ). 5o person ma be elected President unless he is a natural.born citi-en o! the Philippines, a registered voter, able to read and "rite, at least !ort ears o! age on the da o! the election, and a resident o! the Philippines !or at least ten ears immediatel preceding such election. a. Sec. (. There shall be a 'ice.President "ho shall have the same 2uali!ications and term o! o!!ice and be elected "ith, and in the same manner, as the President. /e ma be removed !rom o!!ice in the same manner as the President. The 'ice.President ma be appointed as a :ember o! the Cabinet. Such appointment re2uires no con!irmation.

Sec. 4. The President and the 'ice.President shall be elected b direct vote o! the people !or a term o! si# ears "hich shall begin at noon on the thirtieth da o! Fune ne#t !ollo"ing the da o! the election and shall end at noon o! the same date, si# ears therea!ter. The President shall not be eligible !or an re.election. 5o person "ho has succeeded as President and has served as such !or more than !our ears shall be 2uali!ied !or election to the same o!!ice at an time. 5o 'ice.President shall serve !or more than t"o successive terms. 'oluntar renunciation o! the o!!ice !or an length o! time shall not be considered as an interruption in the continuit o! the service !or the !ull term !or "hich he "as elected. ;nless other"ise provided b la", the regular election !or President and 'ice.President shall be held on the second :onda o! :a . The returns o! ever election !or President and 'ice. President, dul certi!ied b the board o! canvassers o! each province or cit , shall be transmitted to the Congress, directed to the President o! the Senate. ;pon receipt o! the certi!icates o! canvass, the President o! the Senate shall, not later than thirt da s a!ter the da o! the election, open all the certi!icates in the presence o! the Senate and the /ouse o! $epresentatives in ,oint public session, and the Congress, upon determination o! the authenticit and due e#ecution thereo! in the manner provided b la", canvass the votes. The person having the highest number o! votes shall be proclaimed elected, but in case t"o or more shall have an e2ual and highest number o! votes, one o! them shall !orth"ith be chosen b the vote o! a ma,orit o! all the :embers o! both /ouses o! the Congress, voting separatel . The Congress shall promulgate its rules !or the canvassing o! the certi!icates. The Supreme Court, sitting en banc, shall be the sole ,udge o! all contests relating to the election, returns, and 2uali!ications o! the President or 'ice.President, and ma promulgate its rules !or the purpose. Sec. 6. 3e!ore the enter on the e#ecution o! their o!!ice, the President, the 'ice.President, or the Acting President shall ta0e the !ollo"ing oath or a!!irmation= EI do solemnl s"ear (or a!!irm) that I "ill !aith!ull and conscientiousl !ul!ill m duties as President (or 'ice. President or Acting President) o! the Philippines, preserve and de!end its Constitution, e#ecute its la"s, do ,ustice to ever man, and consecrate m sel! to the service o! the 5ation. So help me God.E (In case o! a!!irmation, last sentence "ill be omitted.) Sec. 1. The President shall have an o!!icial residence. The salaries o! the President and 'ice.President shall be determined b la" and shall not be decreased during their tenure. 5o increase in said compensation shall ta0e e!!ect until a!ter the e#piration o! the term o! the incumbent during "hich such increase "as approved. The shall not receive during their tenure an other emolument !rom the Government or an other source. Sec. 9. The President.elect and the 'ice President.elect shall assume o!!ice at the beginning o! their terms. I! the President.elect !ails to 2uali! , the 'ice President.elect shall act as President until the President.elect shall have 2uali!ied. I! a President shall not have been chosen, the 'ice President.elect shall act as President until a President shall have been chosen and 2uali!ied. I! at the beginning o! the term o! the President, the President.elect shall have died or shall have become permanentl disabled, the 'ice President.elect shall become President.

Chere no President and 'ice.President shall have been chosen or shall have 2uali!ied, or "here both shall have died or become permanentl disabled, the President o! the Senate or, in case o! his inabilit , the Spea0er o! the /ouse o! $epresentatives, shall act as President until a President or a 'ice.President shall have been chosen and 2uali!ied. The Congress shall, b la", provide !or the manner in "hich one "ho is to act as President shall be selected until a President or a 'ice.President shall have 2uali!ied, in case o! death, permanent disabilit , or inabilit o! the o!!icials mentioned in the ne#t preceding paragraph. Sec. 7. In case o! death, permanent disabilit , removal !rom o!!ice, or resignation o! the President, the 'ice.President shall become the President to serve the une#pired term. In case o! death, permanent disabilit , removal !rom o!!ice, or resignation o! both the President and 'ice.President, the President o! the Senate or, in case o! his inabilit , the Spea0er o! the /ouse o! $epresentatives, shall then act as President until the President or 'ice.President shall have been elected and 2uali!ied. The Congress shall, b la", provide "ho shall serve as President in case o! death, permanent disabilit , or resignation o! the Acting President. /e shall serve until the President or the 'ice.President shall have been elected and 2uali!ied, and be sub,ect to the same restrictions o! po"ers and dis2uali!ications as the Acting President. Sec @. Chenever there is a vacanc in the <!!ice o! the 'ice. President during the term !or "hich he "as elected, the President shall nominate a 'ice.President !rom among the :embers o! the Senate and the /ouse o! $epresentatives "ho shall assume o!!ice upon con!irmation b a ma,orit vote o! all the :embers o! both /ouses o! the Congress, voting separatel . b. Senators % Art 'I % Begislative &epartment Sec. ). The Senate shall be composed o! t"ent .!our Senators "ho shall be elected at large b the 2uali!ied voters o! the Philippines, as ma be provided b la". Sec. (. 5o person shall be a Senator unless he is a natural.born citi-en o! the Philippines and, on the da o! the election, is at least thirt .!ive ears o! age, able to read and "rite, a registered voter, and a resident o! the Philippines !or not less than t"o ears immediatel preceding the da o! the election. Sec. 4. The term o! o!!ice o! the Senators shall be si# ears and shall commence, unless other"ise provided b la", at noon on the thirtieth da o! Fune ne#t !ollo"ing their election. 5o Senator shall serve !or more than t"o consecutive terms. 'oluntar renunciation o! the o!!ice !or an length o! time shall not be considered as an interruption in the continuit o! his service !or the !ull term o! "hich he "as elected. c. /ouse o! $epresentatives % Art 'I Sec. 6. (1) The /ouse o! $epresentatives shall be composed o! not more than t"o hundred and !i!t members, unless other"ise !i#ed b la", "ho shall be elected !rom legislative districts apportioned among the provinces, cities, and the :etropolitan :anila area in accordance "ith the number o! their respective inhabitants, and on the basis o! a uni!orm and progressive ratio, and those "ho, as provided b la", shall be elected through a part .list s stem o! registered national, regional, and sectoral parties or organi-ations. (() 8ach legislative district shall comprise, as !ar as practicable, contiguous, compact, and ad,acent territor . 8ach cit "ith a population o! at least t"o hundred !i!t thousand, or each province, shall have at least one representative.

(4)

Cithin three ears !ollo"ing the return o! ever census, the Congress shall ma0e a reapportionment o! legislative districts based on the standards provided in this section.

Sec 1. 5o person shall be a :ember o! the /ouse o! $epresentatives unless he is a natural.born citi-en o! the Philippines and, on the da o! the election, is at least t"ent .!ive ears o! age, able to read and "rite, and, e#cept the part .list representatives, a registered voter in the district in "hich he shall be elected, and a resident thereo! !or a period o! not less than one ear immediatel preceding the da o! the election. Sec. 9. The :embers o! the /ouse o! $epresentatives shall be elected !or a term o! three ears "hich shall begin, unless other"ise provided b la", at noon on the thirtieth da o! Fune ne#t !ollo"ing their election. 5o :ember o! the /ouse o! $epresentatives shall serve !or more than three consecutive terms. 'oluntar renunciation o! the o!!ice !or an length o! time shall not be considered as an interruption in the continuit o! his service !or the !ull term !or "hich he "as elected. Part .Bist $epresentatives $A 9@41 Sec. ). &eclaration o! part . The State shall promote proportional representation in the election o! representatives to the /ouse o! $epresentatives through a part .list s stem o! registered national, regional and sectoral parties or organi-ations or coalitions thereo!, "hich "ill enable >ilipino citi-ens belonging to marginali-ed and under.represented sectors, organi-ations and parties, and "ho lac0 "ell.de!ined political constituencies but "ho could contribute to the !ormulation and enactment o! appropriate legislation that "ill bene!it the nation as a "hole, to become members o! the /ouse o! $epresentatives. To"ards this end, the State shall develop and guarantee a !ull, !ree and open part s stem in order to attain the broadcast possible representation o! part , sectoral or group interests in the /ouse o! $epresentatives b enhancing their chances to compete !or and "in seats in the legislature, and shall provide the simplest scheme possible. Sec. @. Guali!ications o! Part .Bist 5ominees. 5o person shall be nominated as part .list representative unless he is a natural.born citi-en o! the Philippines, a registered voter, a resident o! the Philippines !or a period o! not less than one (1) ear immediatel preceding the da o! the election, able to read and "rite, a bona !ide member o! the part or organi-ation "hich he see0s to represent !or at least ninet (@A) da s preceding the da o! the election, and is at least t"ent .!ive ()6) ears o! age on the da o! the election. In case o! a nominee o! the outh sector, he must at least be t"ent .!ive ()6) but not more than thirt ((A) ears o! age on the da o! the election. An outh sectoral representative "ho attains the age o! thirt ((A) during his term shall be allo"ed to continue in o!!ice until the e#piration o! his term. Sec 11. 5umber o! Part .Bist $epresentatives. The part .list representatives shall constitute t"ent per centum ()AH) o! the total number o! the members o! the /ouse o! $epresentatives including those under the part .list. >or purposes o! the :a 1@@7 elections, the !irst !ive (6) ma,or political parties on the basis o! part representation in the /ouse o! $epresentatives at the start o! the Tenth Congress o! the Philippines shall not be entitled to participate in the part .list s stem. In determining the allocation o! seats !or the second vote, the !ollo"ing procedure shall be observed= (a) The parties, organi-ations, and coalitions shall be ran0ed !rom the highest to the lo"est based on the number o! votes the garnered during the elections. d.

(b) The parties, organi-ations, and coalitions receiving at least t"o percent ()H) o! the total votes cast !or the part .list s stem shall be entitled to one seat each= Provided, That those garnering more than t"o percent ()H) o! the votes shall be entitled to additional seats in proportion to their total number o! votes = Provided, !inall , That each part , organi-ation, or coalition shall be entitled to not more than three (() seats. Sec 1). Procedure in Allocating Seats !or Part .Bist $epresentatives. The C<:8B8C shall tall all the votes !or the parties, organi-ations, or coalitions on a nation"ide basis, ran0 them according to the number o! votes received and allocate part .list representatives proportionatel according to the percentage o! votes obtained b each part , organi-ation, or coalition as against the total nation"ide votes cast !or the part . list s stem. Sec 6. Art. 'I (1@79 Constitution) ()) The part .list representatives shall constitute t"ent per centum o! the total number o! representatives including those under the part list. >or three consecutive terms a!ter the rati!ication o! this Constitution, one.hal! o! the seats allocated to part .list representatives shall be !illed, as provided b la", b selection or election !rom the labor, peasant, urban poor, indigenous cultural communities, "omen, outh, and such other sectors as ma be provided b la", e#cept the religious sector. Sec. 9. Art I*.C. 5o votes cast in !avor o! a political part , organi-ation, or coalition shall be valid, e#cept !or those registered under the part .list s stem as provided in this Constitution. '. Bocal <!!icials $A 911A, Sec (@ Guali!ications. . (a) An elective local o!!icial must be a citi-en o! the Philippines+ a registered voter in the baranga , municipalit , cit , or province or, in the case o! a member o! the sangguniang panlala"igan, sangguniang panlungsod, or sangguniang ba an, the district "here he intends to be elected+ a resident therein !or at least one (1) ear immediatel preceding the da o! the election+ and able to read and "rite >ilipino or an other local language or dialect. (b) Candidates !or the position o! governor, vice.governor, or member o! the sangguniang panlala"igan, or ma or, vice. ma or or member o! the sangguniang panlungsod o! highl urbani-ed cities must be at least t"ent .one ()1) ears o! age on election da . (c) Candidates !or the position o! ma or or vice.ma or o! independent component cities, component cities, or municipalities must be at least t"ent .one ()1) ears o! age on election da . (d) Candidates !or the position o! member o! the sangguniang panlungsod or sangguniang ba an must be at least eighteen (17) ears o! age on election da . (e) Candidates !or the position o! punong baranga or member o! the sangguniang baranga must be at least eighteen (17) ears o! age on election da . (!) Candidates !or the sangguniang 0abataan must be at least !i!teen (16) ears o! age but not more than t"ent .one ()1) ears o! age on election da .

$esidence % >or purposes o! election la", residence is s non mous "ith domicile. Art. 6A o! the Civil Code provides that I!or the e#istence o! civil rights and the !ul!illment o! civil obligations, the domicile o! natural persons is the place o! their habitual residence.J &omicile includes the t"in elements o! Ithe !act o! residing or ph sical presence in a !i#ed placeJ and animus manendi, or the intention o! returning there permanentl . ($omualde-.:arcos v. C<:8B8C)

8ver person is deemed to have his domicile some"here, and "hen it has been ac2uired, it "ill be deemed to continue until a ne" one has been ac2uired. Temporar absences although !re2uent or long continued, "ill not, "hile the person has a continuous intention to return, deprive him o! his domicile and right to vote. An person "ho temporaril resides in another cit , municipalit or countr solel b reason o! his occupation, pro!ession, emplo ment in private or public service, educational activities, "or0 in the militar or naval reservations "ithin the Philippines, service in the A>P, the P5P, or con!inement or detention in government institutions in accordance "ith la", shall not be deemed to have lost his original residence. (Sec. @, $.A. 717@) It is not necessar that a person should have a house in order to establish his residence or domicile in a municipalit . It is enough that he should live there, provided that his sta is accompanied b his intention to reside therein permanentl . $omualde-.:arcos v. C<:8B8C ()47 SC$A (AA) It is the !act o! residence, not a statement in the certi!icate o! candidac "hich ought to be decisive in determining "hether or not an individual has satis!ied the ConstitutionKs residenc 2uali!ication re2uirement. To success!ull e!!ect a change o! domicile, one must demonstrate= (1) an actual removal or an actual change o! domicile+ ()) a bona !ide intention o! abandoning the !ormer place o! residence and establishing a ne" one+ and, (() acts "hich correspond "ith the purpose. 'I. 8lectoral Tribunals a. Presidential 8lectoral Tribunal Sec. 4. Art. 'II. The Supreme Court, sitting en banc, shall be the sole ,udge o! all contests relating to the election, returns, and 2uali!ications o! the President or 'ice.President, and ma promulgate its rules !or the purpose. b. Senate 8lectoral Tribunal L /ouse o! $epresentatives 8lectoral Tribunal % Sec. 19, Art. 'I. The Senate and the /ouse o! $epresentatives shall each have an 8lectoral Tribunal "hich shall be the sole ,udge o! all contests relating to the election, returns, and 2uali!ications o! their respective :embers. 8ach 8lectoral Tribunal shall be composed o! nine :embers, three o! "hom shall be Fustices o! the Supreme Court to be designated b the Chie! Fustice, and the remaining si# shall be :embers o! the Senate or the /ouse o! $epresentatives, as the case ma be, "ho shall be chosen on the basis o! proportional representation !rom the political parties and the parties or organi-ations registered under the part .list s stem represented therein. The senior Fustice in the 8lectoral Tribunal shall be its Chairman. 'II. The Courts a. :TC % 3P 771 Sec. 1(7. Furisdiction in inclusion and e#clusion cases. . The municipal and metropolitan trial courts shall have original and e#clusive ,urisdiction over all matters o! inclusion and e#clusion o! voters !rom the list in their respective municipalities or cities. &ecisions o! the municipal or metropolitan trial courts ma be appealed directl b the aggrieved part to the proper regional trial court "ithin !ive da s !rom receipt o! notice thereo!, other"ise said decision o! the municipal or metropolitan trial court shall become !inal and e#ecutor a!ter said period. The regional trial court shall decide the appeal "ithin ten da s !rom the time the appeal "as received and its decision shall be immediatel !inal and e#ecutor . 5o motion !or reconsideration shall be entertained b the courts.

Sec. )6). 8lection contest !or baranga o!!ices. . A s"orn petition contesting the election o! a baranga o!!icer shall be !iled "ith the proper municipal or metropolitan trial court b an candidate "ho has dul !iled a certi!icate o! candidac and has been voted !or the same o!!ice, "ithin ten da s a!ter the proclamation o! the results o! the election. The trial court shall decide the election protest "ithin !i!teen da s a!ter the !iling thereo!. The decision o! the municipal or metropolitan trial court ma be appealed "ithin ten da s !rom receipt o! a cop thereo! b the aggrieved part to the regional trial court "hich shall decide the case "ithin thirt da s !rom its submission, and "hose decisions shall be !inal. b. $TC % 3P 771 Sec. )61. 8lection contests !or municipal o!!ices. . A s"orn petition contesting the election o! a municipal o!!icer shall be !iled "ith the proper regional trial court b an candidate "ho has dul !iled a certi!icate o! candidac and has been voted !or the same o!!ice, "ithin ten da s a!ter proclamation o! the results o! the election. c. i. Supreme Court as P8T Art. I*.A, Sec. 9 % 8ach Commission shall decide b a ma,orit vote o! all its :embers, an case or matter brought be!ore it "ithin si#t da s !rom the date o! its submission !or decision or resolution. A case or matter is deemed submitted !or decision or resolution upon the !iling o! the last pleading, brie!, or memorandum re2uired b the rules o! the Commission or b the Commission itsel!. ;nless other"ise provided b this Constitution or b la", an decision, order, or ruling o! each Commission ma be brought to the Supreme Court on certiorari b the aggrieved part "ithin thirt da s !rom receipt o! a cop thereo!. Art I*.C, Sec ) ()) % 8#ercise e#clusive original ,urisdiction over all contests relating to the elections, returns, and 2uali!ications o! all elective regional, provincial, and cit o!!icials, and appellate ,urisdiction over all contests involving elective municipal o!!icials decided b trial courts o! general ,urisdiction, or involving elective baranga o!!icials decided b trial courts o! limited ,urisdiction. &ecisions, !inal orders, or rulings o! the Commission on election contests involving elective municipal and baranga o!!ices shall be !inal, e#ecutor , and not appealable.

ii.

'III. C<:8B8C a. i. Art. I*.A, Secs. 1.6 Sec. 1. The Constitutional Commissions, "hich shall be independent, are the Civil Service Commission, the Commission on 8lections, and the Commission on Audit. Sec. ). 5o member o! a Constitutional Commission shall, during his tenure, hold an other o!!ice or emplo ment. 5either shall he engage in the practice o! an pro!ession or in the active management or control o! an business "hich, in an "a , ma be a!!ected b the !unctions o! his o!!ice, nor shall he be !inanciall interested, directl or indirectl , in an contract "ith, or in an !ranchise or privilege granted b the Government, an o! its subdivisions, agencies, or instrumentalities, including government.o"ned or controlled corporations or their subsidiaries. Sec. (. The salar o! the Chairman and the Commissioners shall be !i#ed b la" and shall not be decreased during their tenure. Sec. 4. The Constitutional Commissions shall appoint their o!!icials and emplo ees in accordance "ith la".

Sec. 6. The Commission shall en,o !iscal autonom . Their approved annual appropriations shall be automaticall and regularl released. ii. Art I*.C, Sec ) ()) % 8#ercise e#clusive original ,urisdiction over all contests relating to the elections, returns, and 2uali!ications o! all elective regional, provincial, and cit o!!icials, and appellate ,urisdiction over all contests involving elective municipal o!!icials decided b trial courts o! general ,urisdiction, or involving elective baranga o!!icials decided b trial courts o! limited ,urisdiction. &ecisions, !inal orders, or rulings o! the Commission on election contests involving elective municipal and baranga o!!ices shall be !inal, e#ecutor , and not appealable. b. Furisdiction i. Art I*.C, Sec ) %The Commission on 8lections shall e#ercise the !ollo"ing po"ers and !unctions= 1. 8n!orce and administer all la"s and regulations relative to the conduct o! an election, plebiscite, initiative, re!erendum, and recall. ). 8#ercise e#clusive original ,urisdiction over all contests relating to the elections, returns, and 2uali!ications o! all elective regional, provincial, and cit o!!icials, and appellate ,urisdiction over all contests involving elective municipal o!!icials decided b trial courts o! general ,urisdiction, or involving elective baranga o!!icials decided b trial courts o! limited ,urisdiction. &ecisions, !inal orders, or rulings o! the Commission on election contests involving elective municipal and baranga o!!ices shall be !inal, e#ecutor , and not appealable. (. &ecide, e#cept those involving the right to vote, all 2uestions a!!ecting elections, including determination o! the number and location o! polling places, appointment o! election o!!icials and inspectors, and registration o! voters. 4. &eputi-e, "ith the concurrence o! the President, la" en!orcement agencies and instrumentalities o! the Government, including the Armed >orces o! the Philippines, !or the e#clusive purpose o! ensuring !ree, orderl , honest, peace!ul, and credible elections. 6. $egister, a!ter su!!icient publication, political parties, organi-ations, or coalitions "hich, in addition to other re2uirements, must present their plat!orm or program o! government+ and accredit citi-ens? arms o! the Commission on 8lections. $eligious denominations and sects shall not be registered. Those "hich see0 to achieve their goals through violence or unla"!ul means, or re!use to uphold and adhere to this Constitution, or "hich are supported b an !oreign government shall li0e"ise be re!used registration. >inancial contributions !rom !oreign governments and their agencies to political parties, organi-ations, coalitions, or candidates related to elections, constitute inter!erence in national a!!airs, and, "hen accepted, shall be an additional ground !or the cancellation o! their registration "ith the Commission, in addition to other penalties that ma be prescribed b la". 1. >ile, upon a veri!ied complaint, or on its o"n initiative, petitions in court !or inclusion or e#clusion o! voters+ investigate and, "here appropriate, prosecute cases o! violations o! election la"s, including acts or omissions constituting election !rauds, o!!enses, and malpractices. 9. $ecommend to the Congress e!!ective measures to minimi-e election spending, including limitation o! places "here propaganda materials shall be posted,

7.

@.

and to prevent and penali-e all !orms o! election !rauds, o!!enses, malpractices, and nuisance candidacies. $ecommend to the President the removal o! an o!!icer or emplo ee it has deputi-ed, or the imposition o! an other disciplinar action, !or violation or disregard o!, or disobedience to, its directive, order, or decision. Submit to the President and the Congress, a comprehensive report on the conduct o! each election, plebiscite, initiative, re!erendum, or recall. Sec. )6(, 3P 771 . Petition !or 2uo "arranto. . An voter contesting the election o! an :ember o! the 3atasang Pambansa, regional, provincial, or cit o!!icer on the ground o! ineligibilit or o! dislo alt to the $epublic o! the Philippines shall !ile a s"orn petition !or 2uo "arranto "ith the Commission "ithin ten da s a!ter the proclamation o! the results o! the election. An voter contesting the election o! an municipal or baranga o!!icer on the ground o! ineligibilit or o! dislo alt to the $epublic o! the Philippines shall !ile a s"orn petition !or 2uo "arranto "ith the regional trial court or metropolitan or municipal trial court, respectivel , "ithin ten da s a!ter the proclamation o! the results o! the election.

i.

I*. $egistration o! 'oter a. $A 717@ Sec. @. Who may Register. All citi-ens o! the Philippines not other"ise dis2uali!ied b la" "ho are at least eighteen (17) ears o! age, and "ho shall have resided in the Philippines !or at least one (1) ear, and in the place "herein the propose to vote, !or at least si# (1) months immediatel preceding the election, ma register as a voter. An person "ho temporaril resides in another cit , municipalit or countr solel b reason o! his occupation, pro!ession, emplo ment in private or public service, educational activities, "or0 in the militar or naval reservations "ithin the Philippines, service in the Armed >orces o! the Philippines, the 5ational Police >orces, or con!inement or detention in government institutions in accordance "ith la", shall not be deemed to have lost his original residence. An person, "ho, on the da o! registration ma not have reached the re2uired age or period o! residence but, "ho, on the da o! the election shall possess such 2uali!ications, ma register as a voter. Sec. 11. Disqualification. The !ollo"ing shall be dis2uali!ied !rom registering= a) An person "ho has been sentenced b !inal ,udgment to su!!er imprisonment o! not less than one (1) ear, such disabilit not having been removed b plenar pardon or amnest = Provided, ho"ever, That an person dis2uali!ied to vote under this paragraph shall automaticall reac2uire the right to vote upon e#piration o! !ive (6) ears a!ter service o! sentence+ b) An person "ho has been ad,udged b !inal ,udgment b a competent court or tribunal o! having committed an crime involving dislo alt to the dul constituted government such as rebellion, sedition, violation o! the !irearms la"s or an crime against national securit , unless restored to his !ull civil and political rights in accordance "ith la"= Provided, That he shall automaticall reac2uire the right to vote upon e#piration o! !ive (6) ears a!ter service o! sentence+ and c) Insane or incompetent persons declared as such b competent authorit unless subse2uentl declared b proper authorit that such person is no longer insane or incompetent. Sec. (. Definition of erms

c) 3oo0 o! 'oters re!ers to the compilation o! all registration records in a precinct+ d) Bist o! 'oters re!ers to an enumeration o! names o! registered voters in a precinct dul certi!ied b the 8lection $egistration 3oard !or use in the election+ g) 8lection $egistration 3oard re!ers to the bod constituted herein to act on all applications !or registration+ l) Polling place re!ers to the place "here the 3oard o! 8lection Inspectors conducts its proceeding and "here the voters cast their votes+ m) 'oting center re!ers to the building or place "here the polling place is located+ edcvl Sec. 16. !lection Registration "oar#.There shall be in each cit and municipalit as man as 8lection $egistration 3oards as there are election o!!icers therein. In thic0l populated citiesMmunicipalities, the Commission ma appoint additional election o!!icers !or such duration as ma be necessar . The 3oard shall be composed o! the 8lection <!!icer as chairman and as members, the public school o!!icial most senior in ran0 and the local civil registrar, or in this absence, the cit or municipal treasurer. In case o! dis2uali!ication o! the 8lection <!!icer, the Commission shall designate an acting 8lection <!!icer "ho shall serve as Chairman o! the 8lection $egistration 3oard. In case o! dis2uali!ication or non.availabilit o! the Bocal $egistrar or the :unicipal Treasurer, the Commission shall designate an other appointive civil service o!!icial !rom the same localit as substitute. 5o member o! the 3oard shall be related to each other or to an incumbent cit or municipal elective o!!icial "ithin the !ourth civil degree o! consanguinit or a!!init . I! in succeeding elections, an o! the ne"l elected cit or municipal o!!icials is related to a member o! the board "ithin the !ourth civil degree o! consanguinit or a!!init , such member is automaticall dis2uali!ied to preserve the integrit o! the 8lection $egistration 3oard. 8ver registered part and such organi-ations as ma be authori-ed b the Commission shall be entitled to a "atcher in ever registration board. *. $unning !or Public <!!ice a. Certi!icate o! Candidac i. 3P 771 Sec. 9(. $ertificate of can#i#acy. . 5o person shall be eligible !or an elective public o!!ice unless he !iles a s"orn certi!icate o! candidac "ithin the period !i#ed herein. A person "ho has !iled a certi!icate o! candidac ma , prior to the election, "ithdra" the same b submitting to the o!!ice concerned a "ritten declaration under oath. 5o person shall be eligible !or more than one o!!ice to be !illed in the same election, and i! he !iles his certi!icate o! candidac !or more than one o!!ice, he shall not be eligible !or an o! them. /o"ever, be!ore the e#piration o! the period !or the !iling o! certi!icates o! candidac , the person "ho "as !iled more than one certi!icate o! candidac ma declare under oath the o!!ice !or "hich he desires to be eligible and cancel the certi!icate o! candidac !or the other o!!ice or o!!ices. The !iling or "ithdra"al o! a certi!icate o! candidac shall not a!!ect "hatever civil, criminal or administrative liabilities "hich a candidate ma have incurred. Sec. 9@. Definitions. - As used in this Code= (a) The term EcandidateE re!ers to an person aspiring !or or see0ing an elective public o!!ice, "ho has !iled a certi!icate o! candidac b himsel! or through an accredited political part , aggroupment, or coalition o! parties

ii. :ode o! !iling ($A 9111) Sec. 9. %iling of $ertificates of $an#i#acy. . The certi!icate o! candidac o! an person running !or the o!!ice o! President, 'ice. President, Senator, :ember o! the /ouse o! $epresentatives or an elective provincial, cit or municipal o!!icial shall be !iled in !ive (6) legible copies "ith the o!!ices o! the Commission speci!ied hereunder not later than the da be!ore the date legall !i#ed !or the beginning o! his campaign period. (a) The certi!icate o! candidac !or President, 'ice.President and Senators shall be !iled "ith the main o!!ice o! the Commission in :anila+ (b) The certi!icate o! candidac !or the :embers o! the /ouse o! $epresentatives shall be !iled "ith the provincial election supervisor o! the province concerned. Those !or legislative districts in the 5ational Capital $egion shall be !iled "ith the regional election director o! said region and those !or legislative districts in cities outside the 5ational Capital $egion "hich comprise one or more legislative districts shall be !iled "ith the cit election registrar concerned+ (c) The certi!icate o! candidac !or provincial o!!ices shall be !iled "ith the provincial supervisor concerned+ and (d) The certi!icate o! candidac !or cit or municipal o!!ices shall be !iled "ith the cit or municipal election registrar concerned. Chenever practicable, the names o! registered candidates !or local positions shall be printed in the election returns= Provided, That, i! a candidate has been dis2uali!ied or declared a nuisance candidate, it shall be the dut o! the Commission to instruct "ithout dela the appropriate election o!!icials to delete the name o! said candidate as printed in the election return. The certi!icate o! candidac shall be !iled b the candidate personall or b his dul authori-ed representative. 5o certi!icate o! candidac shall be !iled or accepted b mail, telegram or !acsimile. iii. 8!!ect o! !iling 3P 771 Sec. 11. $an#i#ates hol#ing appointive office or positions. - An person holding a public appointive o!!ice or position, including active members o! the Armed >orces o! the Philippines, and o!!icers and emplo ees in government.o"ned or controlled corporations, shall be considered ipso !acto resigned !rom his o!!ice upon the !iling o! his certi!icate o! candidac . $A @AA1 >air 8lections Act Sec. 14. Repealing $lause. % Section 19 and 76 o! the <mnibus 8lection Code (3atas Pambansa 3ldg. 771) and Sections 1A and 11 o! $epublic Act 5o. 1141 are hereb repealed. As a conse2uence, the !irst proviso in the third paragraph o! Section 11 o! $epublic Act 5o. 74(1 is rendered ine!!ective. All la"s, presidential decrees, e#ecutive orders, rules and regulations, or an part thereo! inconsistent "ith the provisions o! this Act are hereb repealed or modi!ied or amended accordingl . $epealed 3P 771 Sec. 19. $an#i#ates hol#ing elective office. - An elective o!!icial, "hether national or local, running !or an o!!ice other than the one "hich he is holding in a permanent capacit , e#cept !or President and 'ice.President, shall be considered ipso !acto resigned !rom his o!!ice upon the !iling o! his certi!icate o! candidac . Sec. 76. &rohi'ite# forms of election propagan#a. - It shall be unla"!ul= (a) To print, publish, post or distribute an poster, pamphlet, circular, handbill, or printed matter urging voters to vote !or or against an candidate unless the bear the names and

addresses o! the printer and pa or as re2uired in Section 74 hereo!+ (b) To erect, put up, ma0e use o!, attach, !loat or displa an billboard, tinplate.poster, balloons and the li0e, o! "hatever si-e, shape, !orm or 0ind, advertising !or or against an candidate or political part + (c) To purchase, manu!acture, re2uest, distribute or accept electoral propaganda gadgets, such as pens, lighters, !ans o! "hatever nature, !lashlights, athletic goods or materials, "allets, shirts, hats, bandanas, matches, cigarettes and the li0e, e#cept that campaign supporters accompan ing a candidate shall be allo"ed to "ear hats andMor shirts or T. shirts advertising a candidate+ (d) To sho" or displa publicl an advertisement or propaganda !or or against an candidate b means o! cinematograph , audio.visual units or other screen pro,ections e#cept telecasts "hich ma be allo"ed as hereina!ter provided+ and (e) >or an radio broadcasting or television station to sell or give !ree o! charge air time !or campaign and other political purposes e#cept as authori-ed in this Code under the rules and regulations promulgated b the Commission pursuant thereto. An prohibited election propaganda gadget or advertisement shall be stopped, con!iscated or torn do"n b the representative o! the Commission upon speci!ic authorit o! the Commission. $A 1141 Sec. 1A. $ommon &oster (reas. . The Commission shall designate common poster areas in the strategic public places such as mar0ets, baranga centers and the li0e "herein candidates can post, displa , or e#hibit election propaganda to announce or !urther their candidac . Chenever !easible common billboards ma be installed b the Commission andMor non.partisan private or civic organi-ations "hich the Commission ma authori-e "henever available, a!ter due notice and hearing, in strategic places "here it ma be readil seen or read, "ith the heaviest pedestrian andMor vehicular tra!!ic in the cit or municipalit . The space in such common poster areas or billboards shall be allocated !ree o! charge, i! !easible, e2uitabl and impartiall among the candidates in the province, cit or municipalit . Sec. 11. &rohi'ite# %orms of !lection &ropagan#a. . In addition to the !orms o! election propaganda prohibited under Section 76 o! 3atas Pambansa 3lg. 771, it shall be unla"!ul= (a) to dra", paint, inscribe, "rite, post, displa or publicl e#hibit an election propaganda in an place, "hether private, or public, e#cept in the common poster areas andMor billboards provided in the immediatel preceding section, at the candidate?s o"n residence, or at the campaign head2uarters o! the candidate or political part = Provided, That such posters or election propaganda shall in no case e#ceed t"o ()) !eet b three (() !eet in area= Provided !urther, That at the site o! and on the occasion o! a public meeting or rall , streamers, not more than t"o ()) and not e#ceeding three (() !eet b eight (7) !eet each ma be displa ed !ive (6) da s be!ore the date o! the meeting or rall , and shall be removed "ithin t"ent .!our ()4) hours a!ter said meeting or rall + and (b) !or an ne"spaper, radio broadcasting or television station, or other mass media, or an person ma0ing use o! the mass media to sell or to give !ree o! charge print space or air time !or campaign or other political purposes e#cept to the Commission as provided under Sections @A and @) o! 3atas Pambansa 3lg. 771. An mass media columnist, commentator, announcement or personalit "ho is a candidate !or an elective public o!!ice shall ta0e a leave o! absence !rom his "or0 as such during the campaign period.

$A 74(1 Sec. 11. )fficial 'allot. . The Commission shall prescribe the si-e and !orm o! the o!!icial ballot "hich shall contain the titles o! the positions to be !illed andMor the propositions to be voted upon in an initiative, re!erendum or plebiscite. ;nder each position, the names o! candidates shall be arranged alphabeticall b surname and uni!orml printed using the same t pe si-e. A !i#ed space "here the chairman o! the 3oard o! 8lection inspectors shall a!!i# hisMher signature to authenticate the o!!icial ballot shall be provided. 3oth sides o! the ballots ma be used "hen necessar . >or this purpose, the deadline !or the !iling o! certi!icate o! candidac Mpetition !or registrationMmani!estation to participate in the election shall not be later than one hundred t"ent (1)A) da s be!ore the elections= Provided, That, an elective o!!icial, "hether national or local, running !or an o!!ice other than the one "hich heMshe is holding in a permanent capacit , e#cept !or president and vice.president, shall be deemed resigned onl upon the start o! the campaign period corresponding to the position !or "hich heMshe is running= Provided, !urther, That, unla"!ul acts or omissions applicable to a candidate shall ta0e e!!ect upon the start o! the a!oresaid campaign period= Provided, !inall , That, !or purposes o! the :a 11, 1@@7 elections, the deadline !or !iling o! the certi!icate o! candidac !or the positions o! President, 'ice President, Senators and candidates under the Part .Bist S stem as "ell as petitions !or registration andMor mani!estation to participate in the Part .Bist S stem shall be on >ebruar @, 1@@7 "hile the deadline !or the !iling o! certi!icate o! candidac !or other positions shall be on :arch )9, 1@@7. The o!!icial ballots shall be printed b the 5ational Printing <!!ice andMor the 3ang0o Sentral ng Pilipinas at the price comparable "ith that o! private printers under proper securit measures "hich the Commission shall adopt. The Commission ma contract the services o! private printers upon certi!ication b the 5ational Printing <!!iceM3ang0o Sentral ng Pilipinas that it cannot meet the printing re2uirements. Accredited political parties and deputi-ed citi-ens? arms o! the Commission ma assign "atchers in the printing, storage and distribution o! o!!icial ballots. To prevent the use o! !a0e ballots, the Commission through the Committee shall ensure that the serial number on the ballot stub shall be printed in magnetic in0 that shall be easil detectable b ine#pensive hard"are and shall be impossible to reproduce on a photocop ing machine, and that identi!ication mar0s, magnetic strips, bar codes and other technical and securit mar0ings, are provided on the ballot. The o!!icial ballots shall be printed and distributed to each cit Mmunicipalit at the rate o! one (1) ballot !or ever registered voter "ith a provision o! additional !our (4) ballots per precinct. b. &is2uali!ications i. $A 911A Sec. 4A. Disqualifications. . The !ollo"ing persons are dis2uali!ied !rom running !or an elective local position= (a) Those sentenced b !inal ,udgment !or an o!!ense involving moral turpitude or !or an o!!ense punishable b one (1) ear or more o! imprisonment, "ithin t"o ()) ears a!ter serving sentence+ :oral Turpitude . is an act o! a baseness, vileness, or depravit in the private duties "hich a man o"es to his !ello" men, or to societ in general, contrar to the accepted and customar rule o! right and dut bet"een man and "oman or conduct contrar to ,ustice, honest , modest or good morals. The general rule is that crimes mala in se involve moral turpitude "hile crimes mala prohibita do not. :oral turpitude implies something immoral in itsel!, regardless o! the !act that it is punishable b la" or not. (b) Those removed !rom o!!ice as a result o! an administrative case+

(c) Those convicted b !inal ,udgment !or violating the oath o! allegiance to the $epublic+ (d) Those "ith dual citi-enship+ (e) >ugitives !rom ,ustice in criminal or non.political cases here or abroad+ (!) Permanent residents in a !oreign countr or those "ho have ac2uired the right to reside abroad and continue to avail o! the same right a!ter the e!!ectivit o! this Code+ and (g) The insane or !eeble.minded. ii. 3P 771 Sec. 17. Disqualifications. - An candidate "ho, in an action or protest in "hich he is a part is declared b !inal decision o! a competent court guilt o!, or !ound b the Commission o! having (a) given mone or other material consideration to in!luence, induce or corrupt the voters or public o!!icials per!orming electoral !unctions+ (b) committed acts o! terrorism to enhance his candidac + (c) spent in his election campaign an amount in e#cess o! that allo"ed b this Code+ (d) solicited, received or made an contribution prohibited under Sections 7@, @6, @1, @9 and 1A4+ or (e) violated an o! Sections 7A, 7(, 76, 71 and )11, paragraphs d, e, 0, v, and cc, subparagraph 1, shall be dis2uali!ied !rom continuing as a candidate, or i! he has been elected, !rom holding the o!!ice. An person "ho is a permanent resident o! or an immigrant to a !oreign countr shall not be 2uali!ied to run !or an elective o!!ice under this Code, unless said person has "aived his status as permanent resident or immigrant o! a !oreign countr in accordance "ith the residence re2uirement provided !or in the election la"s. Sec. 7@. ransportation* foo# an# #rin+s. - It shall be unla"!ul !or an candidate, political part , organi-ation, or an person to give or accept, !ree o! charge, directl or indirectl , transportation, !ood or drin0s or things o! value during the !ive hours be!ore and a!ter a public meeting, on the da preceding the election, and on the da o! the election+ or to give or contribute, directl or indirectl , mone or things o! value !or such purpose. Sec. @6. &rohi'ite# contri'utions. - 5o contribution !or purposes o! partisan political activit shall be made directl or indirectl b an o! the !ollo"ing= (a) Public or private !inancial institutions= Provided, ho"ever, That nothing herein shall prevent the ma0ing o! an loan to a candidate or political part b an such public or private !inancial institutions legall in the business o! lending mone , and that the loan is made in accordance "ith la"s and regulations and in the ordinar course o! business+ (b) 5atural and ,uridical persons operating a public utilit or in possession o! or e#ploiting an natural resources o! the nation+ (c) 5atural and ,uridical persons "ho hold contracts or sub. contracts to suppl the government or an o! its divisions, subdivisions or instrumentalities, "ith goods or services or to per!orm construction or other "or0s+ (d) 5atural and ,uridical persons "ho have been granted !ranchises, incentives, e#emptions, allocations or similar privileges or concessions b the government or an o! its divisions, subdivisions or instrumentalities, including government.o"ned or controlled corporations+ (e) 5atural and ,uridical persons "ho, "ithin one ear prior to the date o! the election, have been granted loans or other accommodations in e#cess o! P1AA,AAA b the government or an o! its divisions, subdivisions or instrumentalities including government.o"ned or controlled corporations+ (!) 8ducational institutions "hich have received grants o! public !unds amounting to no less than P1AA,AAA.AA+ (g) <!!icials or emplo ees in the Civil Service, or members o! the Armed >orces o! the Philippines+ and (h) >oreigners and !oreign corporations.

It shall be unla"!ul !or an person to solicit or receive an contribution !rom an o! the persons or entities enumerated herein. Sec. @1. ,oliciting or receiving contri'utions from foreign sources. - It shall be unla"!ul !or an person, including a political part or public or private entit to solicit or receive, directl or indirectl , an aid or contribution o! "hatever !orm or nature !rom an !oreign national, government or entit !or the purposes o! in!luencing the results o! the election. Section @9. &rohi'ite# raising of fun#s. - It shall be unla"!ul !or an person to hold dances, lotteries, coc0!ights, games, bo#ing bouts, bingo, beaut contests, entertainments, or cinematographic, theatrical or other per!ormances !or the purpose o! raising !unds !or an election campaign or !or the support o! an candidate !rom the commencement o! the election period up to and including election da + or !or an person or organi-ation, "hether civic or religious, directl or indirectl , to solicit andMor accept !rom an candidate !or public o!!ice, or !rom his campaign manager, agent or representative, or an person acting in their behal!, an gi!t, !ood, transportation, contribution or donation in cash or in 0ind !rom the commencement o! the election period up to and including election da + Provided, That normal and customar religious stipends, tithes, or collections on Sunda s andMor other designated collection da s, are e#cluded !rom this prohibition. Sec. 1A4. &rohi'ite# #onations 'y can#i#ates* treasurers of parties or their agents. - 5o candidate, his or her spouse or an relative "ithin the second civil degree o! consanguinit or a!!init , or his campaign manager, agent or representative shall during the campaign period, on the da be!ore and on the da o! the election, directl or indirectl , ma0e an donation, contribution or gi!t in cash or in 0ind, or underta0e or contribute to the construction or repair o! roads, bridges, school buses, puericulture centers, medical clinics and hospitals, churches or chapels cement pavements, or an structure !or public use or !or the use o! an religious or civic organi-ation= Provided, That normal and customar religious dues or contributions, such as religious stipends, tithes or collections on Sunda s or other designated collection da s, as "ell as periodic pa ments !or legitimate scholarships established and school contributions habituall made be!ore the prohibited period, are e#cluded !rom the prohibition. The same prohibition applies to treasurers, agents or representatives o! an political part . Sec. 7A. !lection campaign or partisan political activity outsi#e campaign perio#. - It shall be unla"!ul !or an person, "hether or not a voter or candidate, or !or an part , or association o! persons, to engage in an election campaign or partisan political activit e#cept during the campaign period= Provided, That political parties ma hold political conventions or meetings to nominate their o!!icial candidates "ithin thirt da s be!ore the commencement o! the campaign period and !ort .!ive da s !or Presidential and 'ice.Presidential election. Sec. 7(. Removal* #estruction or #efacement of la-ful election propagan#a prohi'ite#. - It shall be unla"!ul !or an person during the campaign period to remove, destro , obliterate, or in an manner de!ace or tamper "ith, or prevent the distribution o! la"!ul election propaganda. Sec. 76. &rohi'ite# forms of election propagan#a. - It shall be unla"!ul= (a) To print, publish, post or distribute an poster, pamphlet, circular, handbill, or printed matter urging voters to vote !or or against an candidate unless the bear the names and

addresses o! the printer and pa or as re2uired in Section 74 hereo!+ (b) To erect, put up, ma0e use o!, attach, !loat or displa an billboard, tinplate.poster, balloons and the li0e, o! "hatever si-e, shape, !orm or 0ind, advertising !or or against an candidate or political part + (c) To purchase, manu!acture, re2uest, distribute or accept electoral propaganda gadgets, such as pens, lighters, !ans o! "hatever nature, !lashlights, athletic goods or materials, "allets, shirts, hats, bandanas, matches, cigarettes and the li0e, e#cept that campaign supporters accompan ing a candidate shall be allo"ed to "ear hats andMor shirts or T. shirts advertising a candidate+ (d) To sho" or displa publicl an advertisement or propaganda !or or against an candidate b means o! cinematograph , audio.visual units or other screen pro,ections e#cept telecasts "hich ma be allo"ed as hereina!ter provided+ and (e) >or an radio broadcasting or television station to sell or give !ree o! charge air time !or campaign and other political purposes e#cept as authori-ed in this Code under the rules and regulations promulgated b the Commission pursuant thereto. An prohibited election propaganda gadget or advertisement shall be stopped, con!iscated or torn do"n b the representative o! the Commission upon speci!ic authorit o! the Commission. Sec. 71. Regulation of election propagan#a through mass me#ia. (a) The Commission shall promulgate rules and regulations regarding the sale o! air time !or partisan political purposes during the campaign period to insure the e2ual time as to duration and 2ualit in available to all candidates !or the same o!!ice or political parties at the same rates or given !ree o! charge+ that such rates are reasonable and not higher than those charged other bu ers or users o! air time !or non.political purposes+ that the provisions o! this Code regarding the limitation o! e#penditures b candidates and political parties and contributions b private persons, entities and institutions are e!!ectivel en!orced+ and to ensure that said radio broadcasting and television stations shall not undul allo" the scheduling o! an program or permit an sponsor to mani!estl !avor or oppose an candidate or political part b undul or repeatedl re!erring to or including said candidate andMor political part in such program respecting, ho"ever, in all instances the right o! said stations to broadcast accounts o! signi!icant or ne"s"orth events and vie"s on matters o! public interest. (b) All contracts !or advertising in an ne"spaper, maga-ine, periodical or an !orm o! publication promoting or opposing the candidac o! an person !or public o!!ice shall, be!ore its implementation, be registered b said ne"spaper, maga-ine, periodical or publication "ith the Commission. In ever case, it shall be signed b the candidate concerned or b the dul authori-ed representative o! the political part . (c) 5o !ranchise or permit to operate a radio or television station shall be granted or issued, suspended or cancelled during the election period. An radio or television stations, including that o"ned or controlled b the Government, shall give !ree o! charge e2ual time and prominence to an accredited political part or its candidates i! it gives !ree o! charge air time to an accredited political part or its candidates !or political purposes. In all instances, the Commission shall supervise the use and emplo ment o! press, radio and television !acilities so as to give candidates e2ual opportunities under e2ual circumstances to ma0e 0no"n their 2uali!ications and their stand on public issues "ithin the limits set !orth in this Code on election spending.

$ules and regulations promulgated b the Commission under and b authorit o! this section shall ta0e e!!ect on the seventh da a!ter their publication in at least t"o dail ne"spapers o! general circulation. Prior to the e!!ectivit o! said rules and regulations, no political advertisement or propaganda !or or against an candidate or political part shall be published or broadcast through the mass media. 'iolation o! the rules and regulations o! the Commission issued to implement this section shall be an election o!!ense punishable under Section )14 hereo!. Sec. )11. &rohi'ite# (cts. - The !ollo"ing shall be guilt o! an election o!!ense= (a) 'ote.bu ing and vote.selling. . (1) An person "ho gives, o!!ers or promises mone or an thing o! value, gives or promises an o!!ice or emplo ment, !ranchise or grant, public or private, or ma0es or o!!ers to ma0e an e#penditure, directl or indirectl , or cause an e#penditure to be made to an person, association, corporation, entit , or communit in order to induce an one or the public in general to vote !or or against an candidate or "ithhold his vote in the election, or to vote !or or against an aspirant !or the nomination or choice o! a candidate in a convention or similar selection process o! a political part . ()) An person, association, corporation, group or communit "ho solicits or receives, directl or indirectl , an e#penditure or promise o! an o!!ice or emplo ment, public or private, !or an o! the !oregoing considerations. (d) Coercion o! subordinates. . (1) An public o!!icer, or an o!!icer o! an public or private corporation or association, or an head, superior, or administrator o! an religious organi-ation, or an emplo er or land.o"ner "ho coerces or intimidates or compels, or in an manner in!luence, directl or indirectl , an o! his subordinates or members or parishioners or emplo ees or house helpers, tenants, overseers, !arm helpers, tillers, or lease holders to aid, campaign or vote !or or against an candidate or an aspirant !or the nomination or selection o! candidates. ()) An public o!!icer or an o!!icer o! an commercial, industrial, agricultural, economic or social enterprise or public or private corporation or association, or an head, superior or administrator o! an religious organi-ation, or an emplo er or lando"ner "ho dismisses or threatens to dismiss, punishes or threatens to punish be reducing his salar , "age or compensation, or b demotion, trans!er, suspension, separation, e#communication, e,ectment, or causing him anno ance in the per!ormance o! his ,ob or in his membership, an subordinate member or a!!iliate, parishioner, emplo ee or house helper, tenant, overseer, !arm helper, tiller, or lease holder, !or disobe ing or not compl ing "ith an o! the acts ordered b the !ormer to aid, campaign or vote !or or against an candidate, or an aspirant !or the nomination or selection o! candidates. (e) Threats, intimidation, terrorism, use o! !raudulent device or other !orms o! coercion. . An person "ho, directl or indirectl , threatens, intimidates or actuall causes, in!licts or produces an violence, in,ur , punishment, damage, loss or disadvantage upon an person or persons or that o! the immediate members o! his !amil , his honor or propert , or uses an !raudulent device or scheme to compel or induce the registration or re!raining !rom registration o! an voter, or the participation in a campaign or re!raining or desistance !rom an campaign, or the casting o! an vote or omission to vote, or an promise o! such registration, campaign, vote, or omission there!rom.

(0) ;nla"!ul electioneering. . It is unla"!ul to solicit votes or underta0e an propaganda on the da o! registration be!ore the board o! election inspectors and on the da o! election, !or or against an candidate or an political part "ithin the polling place and "ith a radius o! thirt meters thereo!. (v) Prohibition against release, disbursement or e#penditure o! public !unds. . An public o!!icial or emplo ee including baranga o!!icials and those o! government.o"ned or controlled corporations and their subsidiaries, "ho, during !ort .!ive da s be!ore a regular election and thirt da s be!ore a special election, releases, disburses or e#pends an public !unds !or= (1) An and all 0inds o! public "or0s, e#cept the !ollo"ing= (a) :aintenance o! e#isting andMor completed public "or0s pro,ect= Provided, That not more than the average number o! laborers or emplo ees alread emplo ed therein during the si#.month period immediatel prior to the beginning o! the !ort .!ive da period be!ore election da shall be permitted to "or0 during such time= Provided, !urther, That no additional laborers shall be emplo ed !or maintenance "or0 "ithin the said period o! !ort .!ive da s+ (b) Cor0 underta0en b contract through public bidding held, or b negotiated contract a"arded, be!ore the !ort . !ive da period be!ore election= Provided, That "or0 !or the purpose o! this section underta0en under the so.called Eta0a E or Epa2uiaoE s stem shall not be considered as "or0 b contract+ (c) Pa ment !or the usual cost o! preparation !or "or0ing dra"ings, speci!ications, bills o! materials, estimates, and other procedures preparator to actual construction including the purchase o! materials and e2uipment, and all incidental e#penses !or "ages o! "atchmen and other laborers emplo ed !or such "or0 in the central o!!ice and !ield storehouses be!ore the beginning o! such period= Provided, That the number o! such laborers shall not be increased over the number hired "hen the pro,ect or pro,ects "ere commenced+ and (d) 8mergenc "or0 necessitated b the occurrence o! a public calamit , but such "or0 shall be limited to the restoration o! the damaged !acilit . 5o pa ment shall be made "ithin !ive da s be!ore the date o! election to laborers "ho have rendered services in pro,ects or "or0s e#cept those !alling under subparagraphs (a), (b), (c), and (d), o! this paragraph. This prohibition shall not appl to ongoing public "or0s pro,ects commenced be!ore the campaign period or similar pro,ects under !oreign agreements. >or purposes o! this provision, it shall be the dut o! the government o!!icials or agencies concerned to report to the Commission the list o! all such pro,ects being underta0en b them. ()) The :inistr o! Social Services and &evelopment and an other o!!ice in other ministries o! the government per!orming !unctions similar to said ministr , e#cept !or salaries o! personnel, and !or such other routine and normal e#penses, and !or such other e#penses as the Commission ma authori-e a!ter due notice and hearing. Should a calamit or disaster occur, all releases normall or usuall coursed through the said ministries and o!!ices o! other ministries shall be turned over to, and administered and disbursed b , the Philippine 5ational $ed Cross, sub,ect to the supervision o! the Commission on Audit or its representatives, and no candidate or his or her spouse or member o! his !amil "ithin the second civil degree o! a!!init or consanguinit shall participate, directl or indirectl , in the distribution o! an relie! or other goods to the victims o! the calamit or disaster+ and (() The :inistr o! /uman Settlements and an other o!!ice in an other ministr o! the government per!orming !unctions similar to said ministr , e#cept !or salaries o! personnel and

!or such other necessar administrative or other e#penses as the Commission ma authori-e a!ter due notice and hearing. (cc) <n candidac and campaign= (1) An person "ho solicits votes or underta0es an propaganda, on the da o! election, !or or against an candidate or an political part "ithin the polling place or "ithin a radius o! thirt meters thereo!. NOLASCO vs. COMELEC (275 SCRA 762) >acts= >lorentino P. 3lanco and 8duado A. Alarilla both vied !or the ma oral position o! :e caua an, 3ulacan during the election held 7 :a 1@@6. 3lanco garnered the highest number o! votes. 8dgardo 5olasco "as elected vice.ma or. <n @ :a , Alarilla !iled "ith the Comelec a petition to dis2uali! 3lanco on grounds that the latter committed acts in violation o! Section 17 o! the <mnibus 8lection Code, i.e. !or giving mone to in!luence, induce or corrupt the voters or public o!!icials per!orming election !unctions+ !or committing acts o! terrorism to enhance his candidac + and !or spending in his election campaign an amount in e#cess o! that allo"ed b the 8lection Code (P1A million against @9,AAA registered voters). <n 16 August, the Comelec dis2uali!ied 3lanco on the ground o! vote.bu ing and ordered the 3oard o! Canvassers o! :e caua an, 3ulacan to reconvene and to determine the "inner out o! the remaining 2uali!ied candidates "ho shall be immediatel proclaimed. 3lanco moved !or reconsideration "hile 5olasco, as vice ma or, intervened in the proceedings. 5olasco urged that as vice.ma or he should be declared ma or in the event 3lanco "as !inall dis2uali!ied. 3oth motions "ere denied. /ence, the petition !or certiorari. Issue= Chether the dis2uali!ication o! the ma or.elect "arrants the declaration o! an o! the remaining 2uali!ied ma oral candidates, upon the canvassing o! votes, as ma or. /eld= In a ma oralt election, the candidate "ho obtained the second highest number o! votes cannot be proclaimed "inner in case the "inning candidate is dis2uali!ied. Permanent vacancies (i.e. "hen an elective local o!!icial !ills a higher vacant o!!ice, re!uses to assume o!!ice, !ails to 2uali! , dies, is removed !rom o!!ice, voluntaril resigns, or is other"ise permanentl incapacitated to discharge the !unctions o! his o!!ice) in the <!!ices o! the Governor, 'ice Governor, :a or, and 'ice :a or are governed b Section 44, Chapter ) o! the Bocal Government Code o! 1@@1 and Article (7 o! the $ules and $egulations implementing the Bocal Government Code o! 1@@1. 'ice.:a or 8dgardo C. 5olasco "as ad,udged as :a or o! :e caua an, 3ulacan in vie" o! the dis2uali!ication o! ma or.elect >lorentino P. 3lanco. MARQUEZ, JR. vs. COMELEC (243 SCRA 538, 1995) >acts= 3ienvenido :ar2ue-, a de!eated candidate !or the elective position o! Governor in the Province o! Gue-on in the :a 11, 1@@) elections !iled this petition !or certiorari pra ing !or the reversal o! the resolution o! the Commission o! 8lection "hich dismissed his petition !or 2uo "arranto against the "inning candidate, herein respondent 8duardo $odrigue-, !or being allegedl a !ugitive !rom ,ustice. It is averred that at the time private respondent !iled his certi!icate o! candidac , a criminal charge against him !or ten (1A) counts o! insurance !raud or grand the!t o! personal propert "as still pending be!ore the :unicipal Court o! Bos Angeles Fudicial &istrict, Count o! Bos Angeles, State o! Cali!ornia, ;.S.A. A "arrant issued b said court !or his arrest, it is claimed, has et to be served on private respondent on account o! his alleged I!lightJ !rom that countr . The private respondent contended, ho"ever, that under Article 9( o! the $ules and $egulations Implementing the Bocal Government Code, the term I!ugitive !rom ,usticeJ re!ers to one "ho has been convicted b !inal ,udgement.

Issue= Chether or not a conviction b !inal ,udgement is necessar to !all "ithin the term I!ugitive !rom ,usticeJ contemplated b Section 4A (e) o! the Bocal Government Code. /eld= 5o. The Supreme Court held that Article 9( o! the Implementing $ules, to the e#tent that it con!ines the term I!ugitive !rom ,usticeJ to re!er onl to a person (the !ugitive) I"ho has been convicted b !inal ,udgement,J is an ordinate and undue circumscription o! the la". The term I!ugitive !rom ,usticeJ includes not onl those "ho a!ter conviction to avoid punishment but li0e"ise those "ho, a!ter being charged, !lee to avoid prosecution. This de!inition trul !inds support !rom ,urisprudence, and it ma be conceded as e#pressing the general and ordinar connotation o! the term. DE LA TORRE vs COMELEC (258 SCRA 483, 1996) >acts= Petitioner $olando P. &ela Torre "as dis2uali!ied b the Commission on 8lections !rom running !or the position o! :a or o! Cavinti, Baguna in the :a 7, 1@@6 elections. The ground cited b the C<:8B8C "as Section 4A(a) o! the Bocal Government Code o! 1@@1. Said section provides that those sentenced b !inal ,udgement !or an o!!ense involving moral turpitude or !or an o!!ense punishable b one (1) ear or more imprisonment "ithin t"o ()) ears a!ter serving sentence are dis2uali!ied !rom running !or an elective local position. It "as established b the C<:8B8C that the petitioner "as !ound guilt b the :unicipal Trial Court !or violation o! the Anti.>encing Ba". It "as contended b the petitioner that Section 4A(a) is not applicable to him because he "as granted probation b the :TC. Issues= 1. Chether or not the crime o! !encing involves moral turpitude. ). Chether or not a grant o! probation a!!ects Section 4A(a)Ks applicabilit . /eld= The Supreme Court held that actual 0no"ledge b the I!enceJ o! the !act that propert received is stolen displa s the same degree o! malicious deprivation o! oneKs right!ul propert as that "hich animated the robber or the!t "hich, b their ver nature, are crimes o! moral turpitude. Anent the second issue, su!!ice it to sa that the legal e!!ect o! probation is onl to suspend the e#ecution o! the sentence. PetitionerKs conviction o! !encing "hich alread declared as a crime o! moral turpitude and thus !alling s2uarel under the dis2uali!ication !ound in Section 4A(a), subsists and remains totall una!!ected not"ithstanding the grant o! probation. iii. 5uisance candidates, 3P 771 Sec. 1@. Nuisance can#i#ates. - The Commission ma motu proprio or upon a veri!ied petition o! an interested part , re!use to give due course to or cancel a certi!icate o! candidac i! it is sho"n that said certi!icate has been !iled to put the election process in moc0er or disrepute or to cause con!usion among the voters b the similarit o! the names o! the registered candidates or b other circumstances or acts "hich clearl demonstrate that the candidate has no bona !ide intention to run !or the o!!ice !or "hich the certi!icate o! candidac has been !iled and thus prevent a !aith!ul determination o! the true "ill o! the electorate. c. The Campaign

statement o! contributions and e#penditures. Petitioner !iled a motion !or reconsideration but the same "as denied b the C<:8B8C. Issue= Chether or not petitioner is liable !or !ailure to !ile a statement o! contributions and e#penditures not"ithstanding his having "ithdra"n his certi!icate o! candidac three da s a!ter his !iling. /eld= The petitioner is liable. Section 14 o! $.A. 5o. 9111 states that Iever candidateJ has the obligation to !ile his statement o! contributions and e#penditures. Cell.recogni-ed is the rule that "here the la" does not distinguish, courts should not distinguish. ;bi le# non distinguit nec nos distinguere debemos. 5o distinction is to be made in the application o! a la" "here none is indicated. In the case at bench, as the la" ma0es no distinction or 2uali!ication as to "hether the candidate pursued his candidac or "ithdre" the same, the term Iever candidateJ must be deemed to re!er not onl to a candidate "ho pursued his campaign, but also to one "ho "ithdre" his candidac . *I. 3allots and their appreciation a. i. Sec. )(, $A 9111 )fficials "allots. . (a) 3allots !or national and local elections, regular or special, plebiscites and re!erenda, shall be o! uni!orm si-e and shall be prescribed b the Commission. The shall be printed in blac0 in0 on "hich securit paper "ith distinctive, clear and legible "atermar0s that "ill readil distinguish it !rom ordinar paper. 8ach ballot shall be in the shape o! a strip "ith stub and detachable coupon containing the serial number o! the ballot, and a space !or the thumbmar0 o! the voter on the detachable coupon. It shall bear at the top o! the voter on the detachable coupon. It shall bear at the top o! the middle portion thereo! the coat.o!.arms o! the $epublic o! the Philippines, the "ord E<!!icial 3allot,E the name o! the cit or the municipalit and province in "hich the election is to be held, the date o! the election, and the !ollo"ing notice in 8nglish= E>ill out this ballot secretl inside the voting booth. &o not put an distinct mar0 on an part o! this ballot.E (b) The o!!icial ballot shall also contain the names o! all the o!!icer to be voted !or in the election, allo"ing opposite the name o! each o!!ice, su!!icient space o! spaces "ith hori-ontal lines "here the voter ma "rite the name or names o! individual candidates voted !or b him. (c) There shall not be an thing printed or "ritten on the bac0 o! the ballot e#cept as provided in Section )4 o! this Act. (d) <!!icial ballot !or cities and municipalities "here Arabic is o! general use shall have each o! the titles o! the o!!ices to be voted !or printed in Arabic in addition to and immediatel belo" the 8nglish title. (e) 5ot"ithstanding the preceding provisions, the Commission is hereb authori-ed to prescribe a di!!erent !orm o! o!!icial ballot on the same "atermar0ed securit paper to !acilitate voting b illiterate voter onl and to use or adopt the latest technological and electronic devices in connection there"ith as provided under Section 6)(i) o! the <mnibus 8lection Code. ii. Sec. 17), 3P 771. !mergency 'allots. - 5o ballots other than the o!!icial ballots shall be used or counted, e#cept in the event o! !ailure to receive the o!!icial ballots on time, or "here there are no su!!icient ballots !or all registered voters or "here the are destro ed at such time as shall render it impossible to provide other o!!icial ballots, in "hich cases the cit or municipal treasurer shall provide other ballots "hich shall be as similar to the o!!icial ones as circumstances "ill permit and "hich shall be uni!orm "ithin each polling place. The treasurer shall immediatel report such action to the Commission.

JUAN TO C. ! LAR vs. COMM SS ON ON ELECT ON ( ".R. N#. 115245. J$%& 11, 1995. 245 SCRA 759 ) ICampaign, &. Statement o! Contributions and 8#pensesJ >acts= <n :arch )), 1@@), petitioner Fuanito C. Pilar !iled his certi!icate o! candidac !or the position o! member o! the Sangguniang Panlala"igan o! the Province o! Isabela. <n :arch )6, 1@@), petitioner "ithdre" his certi!icate o! candidac . In :.$. 5os. @(.)164 and @4.AA16 dated 5ovember (, 1@@( and >ebruar 1(, 1@@4 respectivel , the C<:8B8C imposed upon petitioner the !ine o! Ten Thousand Pesos !or !ailure to !ile his

The municipal treasurer shall not underta0e the preparation o! the emergenc ballots unless the political parties, candidates and the organi-ations collectivel authori-ed b the Commission to designate "atchers have been su!!icientl noti!ied to send their representatives and have agreed in "riting to the preparation and use o! emergenc ballots. b. Sec. ))1, 3P 771 "oar# of canvassers. - There shall be a board o! canvassers !or each province, cit , municipalit , and district o! :etropolitan :anila as !ollo"s= (a) Provincial board o! canvassers. . the provincial board o! canvassers shall be composed o! the provincial election supervisor or a senior la" er in the regional o!!ice o! the Commission, as chairman, the provincial !iscal, as vice. chairman, and the provincial superintendent o! schools, and one representative !rom each o! the ruling part and the dominant opposition political part in the constituenc concerned entitled to be represented, as members. (b) Cit board o! canvassers. . the cit board o! canvassers shall be composed o! the cit election registrar or a la" er o! the Commission, as chairman, the cit !iscal and the cit superintendent o! schools, and one representative !rom each o! the ruling part and the dominant opposition political part entitled to be represented, as members. (c) &istrict board o! canvassers o! :etropolitan :anila . the district board o! canvassers shall be composed o! a la" er o! the Commission, as chairman, and a ran0ing !iscal in the district and the most senior district school supervisor in the district to be appointed upon consultation "ith the :inistr o! Fustice and the :inistr o! 8ducation, Culture and Sports, respectivel , and one representative !rom each o! the ruling part and the dominant opposition political part in the constituenc concerned, as members. (d) :unicipal board o! canvassers. . the municipal board o! canvassers shall be composed o! the election registrar or a representative o! the Commission, as chairman, the municipal treasurer, and the district supervisor or in his absence an public school principal in the municipalit and one representative !rom each o! the ruling part and the dominant opposition political part entitled to be represented, as members. (e) 3oard o! canvassers !or ne"l created political subdivisions . the Commission shall constitute a board o! canvassers and appoint the members thereo! !or the !irst election in a ne"l created province, cit or municipalit in case the o!!icials "ho shall act as members thereo! have not et assumed their duties and !unctions. *II. a. Pre.Proclamation Controversies

Sec. )4(. 0ssues that may 'e raise# in pre-proclamation controversy. - The !ollo"ing shall be proper issues that ma be raised in a pre.proclamation controvers = (a) Illegal composition or proceedings o! the board o! canvassers+ (b) The canvassed election returns are incomplete, contain material de!ects, appear to be tampered "ith or !alsi!ied, or contain discrepancies in the same returns or in other authentic copies thereo! as mentioned in Sections )((, )(4, )(6 and )(1 o! this Code+ (c) The election returns "ere prepared under duress, threats, coercion, or intimidation, or the are obviousl manu!actured or not authentic+ and (d) Chen substitute or !raudulent returns in controverted polling places "ere canvassed, the results o! "hich materiall a!!ected the standing o! the aggrieved candidate or candidates. Section )44. $onteste# composition or procee#ings of the 'oar#. - Chen the composition or proceedings o! the board o! canvassers are contested, the board o! canvassers shall, "ithin t"ent .!our hours, ma0e a ruling thereon "ith notice to the contestant "ho, i! adversel a!!ected, ma appeal the matter to the Commission "ithin !ive da s a!ter the ruling "ith proper notice to the board o! canvassers. A!ter due notice and hearing, the Commission shall decide the case "ithin ten da s !rom the !iling thereo!. &uring the pendenc o! the case, the board o! canvassers shall suspend the canvass until the Commission orders the continuation or resumption thereo! and citing their reasons or grounds there!or. Sec. )46. $onteste# election returns. - An candidate, political part or coalition o! political parties, contesting the inclusion or e#clusion in the canvass o! an election returns on an o! the grounds authori-ed under this article or in Sections )(4, )(6 and )(1 o! Article *I* shall submit their verbal ob,ections to the chairman o! the board o! canvassers at the time the 2uestioned returns is presented !or inclusion or e#clusion, "hich ob,ections shall be noted in the minutes o! the canvassing. The board o! canvassers upon receipt o! an such ob,ections shall automaticall de!er the canvass o! the contested returns and shall proceed to canvass the rest o! the returns "hich are not contested b an part . Cithin t"ent .!our hours !rom and a!ter the presentation o! a verbal ob,ection, the same shall be submitted in "ritten !orm to the board o! canvassers. Therea!ter, the board o! canvassers shall ta0e up each contested return, consider the "ritten ob,ections thereto and summaril rule thereon. Said ruling shall be made oral initiall and then reduced to "riting b the board "ithin t"ent .!our hours !rom the time the oral ruling is made. An part adversel a!!ected b an oral ruling on itsMhis ob,ection shall immediatel state orall "hether itMhe intends to appeal said ruling. The said intent to appeal shall be stated in the minutes o! the canvassing. I! a part mani!ests its intent to appeal, the board o! canvassers shall set aside the return and proceed to rule on the other contested returns. Chen all the contested returns have been ruled upon b it, the board o! canvassers shall suspend the canvass and shall ma0e an appropriate report to the Commission, cop !urnished the parties. The board o! canvassers shall not proclaim an candidate as "inner unless authori-ed b the Commission a!ter the latter has ruled on the ob,ections brought to it on appeal b the losing part and an proclamation made in violation hereo! shall be void ab initio, unless the contested returns "ill not adversel a!!ect the results o! the election.

Sec. )41. Definition. - A pre.proclamation controvers re!ers to an 2uestion pertaining to or a!!ecting the proceedings o! the board o! canvassers "hich ma be raised b an candidate or b an registered political part or coalition o! political parties be!ore the board or directl "ith the Commission, or an matter raised under Sections )((, )(4, )(6 and )(1 in relation to the preparation, transmission, receipt, custod and appreciation o! the election returns. Sec. )4). $ommission.s exclusive /uris#iction of all preproclamation controversies. - The Commission shall have e#clusive ,urisdiction o! all pre.proclamation controversies. It ma motu proprio or upon "ritten petition, and a!ter due notice and hearing, order the partial or total suspension o! the proclamation o! an candidate.elect or annual partiall or totall an proclamation, i! one has been made, as the evidence shall "arrant in accordance "ith the succeeding sections.

Sec. )41. ,ummary procee#ings 'efore the $ommission. - All pre.proclamation controversies shall be heard summaril b the Commission a!ter due notice and hearing, and its decisions shall be e#ecutor a!ter the lapse o! !ive da s !rom receipt b the losing part o! the decision o! the Commission, unless restrained b the Supreme Court. Sec. )49. &artial proclamation. - 5ot"ithstanding the pendenc o! an pre.proclamation controvers , the Commission ma , motu proprio or upon the !iling o! a veri!ied petition and a!ter due notice and hearing, order the proclamation o! other "inning candidates "hose election "ill not be a!!ected b the outcome o! the controvers . Sec. )47. !ffect of filing petition to annual or to suspen# the proclamation. - The !iling "ith the Commission o! a petition to annual or to suspend the proclamation o! an candidate shall suspend the running o! the period "ithin "hich to !ile an election protest or 2uo "arranto proceedings.

has dul !iled a certi!icate o! candidac and has been voted !or the same o!!ice, "ithin ten da s a!ter the proclamation o! the results o! the election. The trial court shall decide the election protest "ithin !i!teen da s a!ter the !iling thereo!. The decision o! the municipal or metropolitan trial court ma be appealed "ithin ten da s !rom receipt o! a cop thereo! b the aggrieved part to the regional trial court "hich shall decide the case "ithin thirt da s !rom its submission, and "hose decisions shall be !inal. Sec. )6(. &etition for quo -arranto. - An voter contesting the election o! an :ember o! the 3atasang Pambansa, regional, provincial, or cit o!!icer on the ground o! ineligibilit or o! dislo alt to the $epublic o! the Philippines shall !ile a s"orn petition !or 2uo "arranto "ith the Commission "ithin ten da s a!ter the proclamation o! the results o! the election. An voter contesting the election o! an municipal or baranga o!!icer on the ground o! ineligibilit or o! dislo alt to the $epublic o! the Philippines shall !ile a s"orn petition !or 2uo "arranto "ith the regional trial court or metropolitan or municipal trial court, respectivel , "ithin ten da s a!ter the proclamation o! the results o! the election. Sec. )64. &roce#ure 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 cit o!!ices not later than thirt da s be!ore such elections. Such rules shall provide a simple and ine#pensive procedure !or the e#peditious disposition o! election contests and shall be published in at least t"o ne"spapers o! general circulation. /o"ever, "ith respect to election contests involving municipal and baranga o!!ices the !ollo"ing rules o! procedure shall govern= (a) 5otice o! the protest contesting the election o! a candidate !or a municipal or baranga o!!ice shall be served upon the candidate b means o! a summons at the postal address stated in his certi!icate o! candidac e#cept "hen the protestee, "ithout "aiting !or the summons, has made the court understand that he has been noti!ied o! the protest or has !iled his ans"er hereto+ (b) The protestee shall ans"er the protest "ithin !ive da s a!ter receipt o! the summons, or, in case there has been no summons !rom the date o! his appearance and in all cases be!ore the commencement o! the hearing o! the protest or contest. The ans"er shall deal onl "ith the election in the polling places "hich are covered b the allegations o! the contest+ (c) Should the protestee desire to impugn the votes received b the protestant in other polling places, he shall !ile a counter. protest "ithin the same period !i#ed !or the ans"er serving a cop thereo! upon the protestant b registered mail or b personal deliver or through the sheri!!+ (d) The protestant shall ans"er the counter.protest "ithin !ive da s a!ter notice+ (e) Cithin the period o! !ive da s counted !rom the !iling o! the protest an other candidate !or the same o!!ice ma intervene in the case as other contestants and as0 !or a!!irmative relie! in his !avor b a petition in intervention, "hich shall be considered as another contest, e#cept that it shall be substantiated "ithin the same proceedings. The protestant or protestee shall ans"er the protest in intervention "ithin !ive da s a!ter notice+ (!) I! no ans"er shall be !iled to the contest, counter.protest, or to the protest in intervention, "ithin the time limits respectivel !i#ed, a general denial shall be deemed to have been entered+ (g) In election contest proceedings, the permanent registr list o! voters shall be conclusive in regard to the 2uestion as to "ho had the right to vote in said election.

b.

Sec. 16, $A 9111. &re-proclamation $ases Not (llo-e# in !lections for &resi#ent 1ice-&resi#ent* ,enator* an# 2em'er of the 3ouse of Representatives. . >or purposes o! the elections !or President, 'ice.President, Senator and :ember o! the /ouse o! $epresentatives, no pre.proclamation cases shall be allo"ed on matters relating to the preparation, transmission, receipt, custod and appreciation o! the election returns or the certi!icates o! canvass, as the case ma be. /o"ever, this does not preclude the authorit o! the appropriate canvassing bod motu propio or upon "ritten complaint o! an interested person to correct mani!est errors in the certi!icate o! canvass or election returns be!ore it. Guestions a!!ecting the composition or proceedings o! the board o! canvassers ma be initiated in the board or directl "ith the Commission in accordance "ith Section 1@ hereo!. An ob,ection on the election returns be!ore the cit or municipal board o! canvassers, or on the municipal certi!icates o! canvass be!ore the provincial board o! canvassers or district boards o! canvassers in :etro :anila Area, shall be speci!icall noticed in the minutes o! their respective proceedings.

*III.

8lection Contests

Sec. )4@. 4uris#iction of the $ommission. - The Commission shall be the sole ,udge o! all contests relating to the elections, returns, and 2uali!ications o! all :embers o! the 3atasang Pambansa, elective regional, provincial and cit o!!icials. Sec. )6A. !lection contests for "atasang &am'ansa* regional* provincial an# city offices. - A s"orn petition contesting the election o! an :ember o! the 3atasang Pambansa or an regional, provincial or cit o!!icial shall be !iled "ith the Commission b an candidate "ho has dul !iled a certi!icate o! candidac and has been voted !or the same o!!ice, "ithin ten da s a!ter the proclamation o! the results o! the election. Sec. )61. !lection contests for municipal offices. - A s"orn petition contesting the election o! a municipal o!!icer shall be !iled "ith the proper regional trial court b an candidate "ho has dul !iled a certi!icate o! candidac and has been voted !or the same o!!ice, "ithin ten da s a!ter proclamation o! the results o! the election. Sec. )6). !lection contest for 'arangay offices. - A s"orn petition contesting the election o! a baranga o!!icer shall be !iled "ith the proper municipal or metropolitan trial court b an candidate "ho

Sec. )66. 4u#icial counting of votes in election contest. - Chere allegations in a protest or counter.protest so "arrant, or "henever in the opinion o! the court the interests o! ,ustice so re2uire, it shall immediatel order the boo0 o! voters, ballot bo#es and their 0e s, ballots and other documents used in the election be brought be!ore it and that the ballots be e#amined and the votes recounted. Sec. )61. (ppeals. - Appeals !rom an decision rendered b the regional trial court under Section )61 and paragraph t"o, Section )6( hereo! "ith respect to 2uo "arranto petitions !iled in election contests a!!ecting municipal o!!icers, the aggrieved part ma appeal to the Intermediate Appellate Court "ithin !ive da s a!ter receipt o! a cop o! the decision. 5o motion !or reconsideration shall be entertained b the court. The appeal shall be decided "ithin si#t da s a!ter the case has been submitted !or decision. Sec. )69. Decision in the $ommission. - The Commission shall decide all election cases brought be!ore it "ithin ninet da s !rom the date o! their submission !or decision. The decision o! the Commission shall become !inal thirt da s a!ter receipt o! ,udgment. Sec. )67. &referential #isposition of contests in courts. - The courts, in their respective cases, shall give pre!erence to election contests over all other cases, e#cept those o! habeas corpus, and shall "ithout dela , hear and, "ithin thirt da s !rom the date o! their submission !or decision, but in ever case "ithin si# months a!ter !iling, decide the same. Sec. )6@. (ctual or compensatory #amages. - Actual or compensator damages ma be granted in all election contests or in 2uo "arranto proceedings in accordance "ith la". Sec. )1A. Notice of #ecisions. - The cler0 o! court and the corresponding o!!icial in the Commission be!ore "hom an election contest or a 2uo "arranto proceeding has been instituted or "here the appeal o! said case has been ta0en shall noti! immediatel the President o! the Philippines o! the !inal disposition thereo!. In election contests involving provincial, cit , municipal, or baranga o!!ices, notice o! such !inal disposition shall also be sent to the secretar o! the local sanggunian concerned. I! the decision be that none o! the parties has been legall elected, said o!!icial shall certi! such decision to the President o! the Philippines and, in appropriate cases, to the Commission. *I'. *'. Guo Garranto 8lection <!!enses

Sec. )11. &rohi'ite# (cts. - The !ollo"ing shall be guilt o! an election o!!ense= (a) 'ote.bu ing and vote.selling. . (1) An person "ho gives, o!!ers or promises mone or an thing o! value, gives or promises an o!!ice or emplo ment, !ranchise or grant, public or private, or ma0es or o!!ers to ma0e an e#penditure, directl or indirectl , or cause an e#penditure to be made to an person, association, corporation, entit , or communit in order to induce an one or the public in general to vote !or or against an candidate or "ithhold his vote in the election, or to vote !or or against an aspirant !or the nomination or choice o! a candidate in a convention or similar selection process o! a political part . ()) An person, association, corporation, group or communit "ho solicits or receives, directl

or indirectl , an e#penditure or promise o! an o!!ice or emplo ment, public or private, !or an o! the !oregoing considerations. (b) Conspirac to bribe voters. . T"o or more persons, "hether candidates or not, "ho come to an agreement concerning the commission o! an violation o! paragraph (a) o! this section and decide to commit it. (c) Cagering upon result o! election. . An person "ho bets or "agers upon the outcome o!, or an contingenc connected "ith an election. An mone or thing o! value or deposit o! mone or thing o! value situated an "here in the Philippines put as such bet or "ager shall be !or!eited to the government. (d) Coercion o! subordinates. . (1) An public o!!icer, or an o!!icer o! an public or private corporation or association, or an head, superior, or administrator o! an religious organi-ation, or an emplo er or land. o"ner "ho coerces or intimidates or compels, or in an manner in!luence, directl or indirectl , an o! his subordinates or members or parishioners or emplo ees or house helpers, tenants, overseers, !arm helpers, tillers, or lease holders to aid, campaign or vote !or or against an candidate or an aspirant !or the nomination or selection o! candidates. ()) An public o!!icer or an o!!icer o! an commercial, industrial, agricultural, economic or social enterprise or public or private corporation or association, or an head, superior or administrator o! an religious organi-ation, or an emplo er or lando"ner "ho dismisses or threatens to dismiss, punishes or threatens to punish be reducing his salar , "age or compensation, or b demotion, trans!er, suspension, separation, e#communication, e,ectment, or causing him anno ance in the per!ormance o! his ,ob or in his membership, an subordinate member or a!!iliate, parishioner, emplo ee or house helper, tenant, overseer, !arm helper, tiller, or lease holder, !or disobe ing or not compl ing "ith an o! the acts ordered b the !ormer to aid, campaign or vote !or or against an candidate, or an aspirant !or the nomination or selection o! candidates. (e) Threats, intimidation, terrorism, use o! !raudulent device or other !orms o! coercion. . An person "ho, directl or indirectl , threatens, intimidates or actuall causes, in!licts or produces an violence, in,ur , punishment, damage, loss or disadvantage upon an person or persons or that o! the immediate members o! his !amil , his honor or propert , or uses an !raudulent device or scheme to compel or induce the registration or re!raining !rom registration o! an voter, or the participation in a campaign or re!raining or desistance !rom an campaign, or the casting o! an vote or omission to vote, or an promise o! such registration, campaign, vote, or omission there!rom. (!) Coercion o! election o!!icials and emplo ees. . An person "ho, directl or indirectl , threatens, intimidates, terrori-es or coerces an election o!!icial or emplo ee in the per!ormance o! his election !unctions or duties. (g) Appointment o! ne" emplo ees, creation o! ne" position, promotion, or giving salar increases. . &uring the period o! !ort .!ive da s be!ore a regular election and thirt da s be!ore a special election, (1) an head, o!!icial or appointing o!!icer o! a government o!!ice, agenc or instrumentalit ,

"hether national or local, including government.o"ned or controlled corporations, "ho appoints or hires an ne" emplo ee, "hether provisional, temporar or casual, or creates and !ills an ne" position, e#cept upon prior authorit o! the Commission. The Commission shall not grant the authorit sought unless, it is satis!ied that the position to be !illed is essential to the proper !unctioning o! the o!!ice or agenc concerned, and that the position shall not be !illed in a manner that ma in!luence the election. As an e#ception to the !oregoing provisions, a ne" emplo ee ma be appointed in case o! urgent need= Provided, ho"ever, That notice o! the appointment shall be given to the Commission "ithin three da s !rom the date o! the appointment. An appointment or hiring in violation o! this provision shall be null and void. ()) An government o!!icial "ho promotes, or gives an increase o! salar or remuneration or privilege to an government o!!icial or emplo ee, including those in government. o"ned or controlled corporations. (h) Trans!er o! o!!icers and emplo ees in the civil service. . An public o!!icial "ho ma0es or causes an trans!er or detail "hatever o! an o!!icer or emplo ee in the civil service including public school teachers, "ithin the election period e#cept upon prior approval o! the Commission. (i) Intervention o! public o!!icers and emplo ees. . An o!!icer or emplo ee in the civil service, e#cept those holding political o!!ices+ an o!!icer, emplo ee, or member or the Armed >orces o! the Philippines, or an police !orce, special !orces, home de!ense !orces, baranga sel!.de!ense units and all other para.militar units that no" e#ist or "hich ma herea!ter be organi-ed "ho, directl or indirectl , intervenes in an election campaign or engages in an partisan political activit , e#cept to vote or to preserve public order, i! he is a peace o!!icer. (,) ;ndue in!luence. . It is unla"!ul !or an person to promise an o!!ice or emplo ment, public or private, or to ma0e or o!!er to ma0e an e#penditure, directl or indirectl , or to cause an e#penditure to be made to an person, association, corporation or entit , "hich ma induce an one or the public in general either to vote or "ithhold his vote, or to vote !or or against an candidate in an election or an aspirant !or the nomination or selection o! an o!!icial candidate in a convention o! a political part . It is li0e"ise unla"!ul !or an person, association, corporation or communit , to solicit or receive, directl or indirectl , an e#penditure or promise or an o!!ice, or emplo ment, public or private, !or an o! the !oregoing considerations. (0) ;nla"!ul electioneering. . It is unla"!ul to solicit votes or underta0e an propaganda on the da o! registration be!ore the board o! election inspectors and on the da o! election, !or or against an candidate or an political part "ithin the polling place and "ith a radius o! thirt meters thereo!. (l) Prohibition against dismissal o! emplo ees, laborers, or tenants. . 5o emplo ee or laborer shall be dismissed, nor a tenant be e,ected !rom his landholdings !or re!using or !ailing to vote !or an candidate o! his emplo er or lando"ner. An emplo ee, laborer or tenant so dismissed or e,ected shall be reinstated and the salar or "age o! the emplo ee or laborer, or the share

o! the harvest o! the tenant, shall be restored to the aggrieved part upon application to the proper court. (m) Appointment or use o! special policemen, special agents, con!idential agents or the li0e. . &uring the campaign period, on the da be!ore and on election da , an appointing authorit "ho appoints or an person "ho utili-es the services o! special policemen, special agents, con!idential agents or persons per!orming similar !unctions+ persons previousl appointed as special policemen, special agents, con!idential agents or persons per!orming similar !unctions "ho continue acting as such, and those "ho !ail to turn over their !irearms, uni!orms, insignias and other badges o! authorit to the proper o!!icer "ho issued the same. At the start o! the a!orementioned period, the baranga chairman, municipal ma or, cit ma or, provincial governor, or an appointing authorit shall submit to the Commission a complete list o! all special policemen, special agents, con!idential agents or persons per!orming similar !unctions in the emplo o! their respective political subdivisions, "ith such particulars as the Commission ma re2uire. (n) Illegal release o! prisoners be!ore and a!ter election. . The &irector o! the 3ureau o! Prisons, an provincial "arden, the 0eeper o! the ,ail or the person or persons re2uired b la" to 0eep prisoners in their custod "ho illegall orders or allo"s an prisoner detained in the national penitentiar , or the provincial, cit or municipal ,ail to leave the premises thereo! si#t da s be!ore and thirt da s a!ter the election. The municipal or cit "arden, the provincial "arden, the 0eeper o! the ,ail or the person or persons re2uired b la" to 0eep prisoners in their custod shall post in three conspicuous public places a list o! the prisoners or detention prisoners under their care. &etention prisoners must be categori-ed as such. (o) ;se o! public !unds, mone deposited in trust, e2uipment, !acilities o"ned or controlled b the government !or an election campaign. . An person "ho uses under an guise "hatsoever, directl or indirectl , (1) public !unds or mone deposited "ith, or held in trust b , public !inancing institutions or b government o!!ices, ban0s, or agencies+ ()) an printing press, radio, or television station or audio.visual e2uipment operated b the Government or b its divisions, sub.divisions, agencies or instrumentalities, including government. o"ned or controlled corporations, or b the Armed >orces o! the Philippines+ or (() an e2uipment, vehicle, !acilit , apparatus, or paraphernalia o"ned b the government or b its political subdivisions, agencies including government.o"ned or controlled corporations, or b the Armed >orces o! the Philippines !or an election campaign or !or an partisan political activit . (p) &eadl "eapons. . An person "ho carries an deadl "eapon in the polling place and "ithin a radius o! one hundred meters thereo! during the da s and hours !i#ed b la" !or the registration o! voters in the polling place, voting, counting o! votes, or preparation o! the election returns. /o"ever, in cases o! a!!ra , turmoil, or disorder, an peace o!!icer or public o!!icer authori-ed b the Commission to supervise the election is entitled to carr !irearms or an other "eapon !or the purpose o! preserving order and en!orcing the la". (2) Carr ing !irearms outside residence or place o! business. . An person "ho, although possessing a permit to carr !irearms, carries an !irearms outside his residence or place o! business during the election period, unless authori-ed in "riting b the Commission= Provided, That a motor vehicle, "ater or air cra!t shall

not be considered a residence or place o! business or e#tension hereo!. This prohibition shall not appl to cashiers and disbursing o!!icers "hile in the per!ormance o! their duties or to persons "ho b nature o! their o!!icial duties, pro!ession, business or occupation habituall carr large sums o! mone or valuables. (r) ;se o! armored land, "ater or air cra!t. . An person "ho uses during the campaign period, on the da be!ore and on election da , an armored land, "ater or air cra!t, provided "ith an temporar or permanent e2uipment or an other device or contraption !or the mounting or installation o! cannons, machine guns and other similar high caliber !irearms, including militar t pe tan0s, hal! truc0s, scout truc0s, armored truc0s, o! an ma0e or model, "hether ne", reconditioned, rebuilt or remodelled= Provided, That ban0ing or !inancial institutions and all business !irms ma use not more than t"o armored vehicles strictl !or, and limited to, the purpose o! transporting cash, gold bullion or other valuables in connection "ith their business !rom and to their place o! business, upon previous authorit o! the Commission. (s) Cearing o! uni!orms and bearing arms. . &uring the campaign period, on the da be!ore and on election da , an member o! securit or police organi-ation o! government agencies, commissions, councils, bureaus, o!!ices, or government.o"ned or controlled corporations, or privatel .o"ned or operated securit , investigative, protective or intelligence agencies, "ho "ears his uni!orm or uses his insignia, decorations or regalia, or bears arms outside the immediate vicinit o! his place o! "or0= Provided, That this prohibition shall not appl "hen said member is in pursuit o! a person "ho has committed or is committing a crime in the premises he is guarding+ or "hen escorting or providing securit !or the transport o! pa rolls, deposits, or other valuables+ or "hen guarding the residence o! private persons or "hen guarding private residences, buildings or o!!ices= Provided, !urther, That in the last case prior "ritten approval o! the Commission shall be obtained. The Commission shall decide all applications !or authorit under this paragraph "ithin !i!teen da s !rom the date o! the !iling o! such application. &uring the same period, and ending thirt da s therea!ter an member o! the Armed >orces o! the Philippines, special, !orces, home de!ense !orces, baranga sel!.de!ense units and all other para.militar units that no" e#ist or "hich ma herea!ter be organi-ed "ho "ears his uni!orm or bears arms outside the camp, garrison or barrac0s to "hich he is assigned or detailed or outside their homes, in case o! members o! para.militar units, unless (1) the President o! the Philippines shall have given previous authorit there!or, and the Commission noti!ied thereo! in "riting, or ()) the Commission authori-es him to do so, "hich authorit it shall give onl "hen necessar to assist it in maintaining !ree, orderl and honest elections, and onl a!ter notice and hearing. All personnel o! the Armed >orces authori-ed b the President or the Commission to bear arms or "ear their uni!orms outside their camps and all police and peace o!!icers shall bear their true name, ran0 and serial number, i! an , stitched in bloc0 letters on a "hite bac0ground on the le!t breast o! their uni!orm, in letters and numbers o! a clearl legible design at least t"o centimeters tall, "hich shall at all times remain visible and uncovered. &uring the election period, "henever the Commission !inds it necessar !or the promotion o! !ree, orderl ,

honest and peace!ul elections in a speci!ic area, it shall con!iscate or order the con!iscation o! !irearms o! an member or members o! the Armed >orces o! the Philippines, police !orces, home de!ense !orces, baranga sel!.de!ense units, and all other para.militar units that no" e#ist, or "hich ma herea!ter be organi-ed, or an member or members o! the securit or police organi-ation, government ministries, commissions, councils, bureaus, o!!ices, instrumentalities, or government.o"ned or controlled corporations and other subsidiaries, or o! an member or members o! privatel o"ned or operated securit , investigative, protective or intelligence agencies per!orming identical or similar !unctions. (t) Policemen and provincial guards acting as bod guards or securit guards. . &uring the campaign period, on the da be!ore and on election da , an member o! the cit or municipal police !orce, an provincial or sub.provincial guard, an member o! the Armed >orces o! the Philippines, special !orces, home de!ense !orces, baranga sel!.de!ense units and all other para.militar units that no" e#ist or "hich ma herea!ter be organi-ed "ho acts as bod guard or securit guard o! an public o!!icial, candidate or an other person, and an o! the latter "ho utili-es the services o! the !ormer as bod guard or securit guard= Provided, That, a!ter due notice and hearing, "hen the li!e and securit o! a candidate is in ,eopard , the Commission is empo"ered to assign at the candidate?s choice, an member o! the Philippine Constabular or the police !orce o! an municipalit "ithin the province to act as his bod guard or securit guard in a number to be determined b the Commission but not to e#ceed three per candidate= Provided, ho"ever, That "hen the circumstances re2uire immediate action, the Commission ma issue a temporar order allo"ing the assignment o! an member o! the Philippine Constabular or the local police !orce to act as bod guard or securit guard o! the candidate, sub,ect to con!irmation or revocation. (u) <rgani-ation or maintenance o! reaction !orces, stri0e !orces, or other similar !orces. . An person "ho organi-es or maintains a reaction !orce, stri0e !orce or similar !orce during the election period. The heads o! all reaction !orces, stri0e !orces, or similar !orces shall, not later than !ort .!ive da s be!ore the election, submit to the Commission a complete list o! all members thereo! "ith such particulars as the Commission ma re2uire. (v) Prohibition against release, disbursement or e#penditure o! public !unds. . An public o!!icial or emplo ee including baranga o!!icials and those o! government.o"ned or controlled corporations and their subsidiaries, "ho, during !ort .!ive da s be!ore a regular election and thirt da s be!ore a special election, releases, disburses or e#pends an public !unds !or= (1) An and all 0inds o! public "or0s, e#cept the !ollo"ing= (a) :aintenance o! e#isting andMor completed public "or0s pro,ect= Provided, That not more than the average number o! laborers or emplo ees alread emplo ed therein during the si#.month period immediatel prior to the beginning o! the !ort .!ive da period be!ore election da shall be permitted to "or0 during such time= Provided, !urther, That no additional laborers

shall be emplo ed !or maintenance "or0 "ithin the said period o! !ort . !ive da s+ (b) Cor0 underta0en b contract through public bidding held, or b negotiated contract a"arded, be!ore the !ort .!ive da period be!ore election= Provided, That "or0 !or the purpose o! this section underta0en under the so.called Eta0a E or Epa2uiaoE s stem shall not be considered as "or0 b contract+ (c) Pa ment !or the usual cost o! preparation !or "or0ing dra"ings, speci!ications, bills o! materials, estimates, and other procedures preparator to actual construction including the purchase o! materials and e2uipment, and all incidental e#penses !or "ages o! "atchmen and other laborers emplo ed !or such "or0 in the central o!!ice and !ield storehouses be!ore the beginning o! such period= Provided, That the number o! such laborers shall not be increased over the number hired "hen the pro,ect or pro,ects "ere commenced+ and (d) 8mergenc "or0 necessitated b the occurrence o! a public calamit , but such "or0 shall be limited to the restoration o! the damaged !acilit . 5o pa ment shall be made "ithin !ive da s be!ore the date o! election to laborers "ho have rendered services in pro,ects or "or0s e#cept those !alling under subparagraphs (a), (b), (c), and (d), o! this paragraph. This prohibition shall not appl to ongoing public "or0s pro,ects commenced be!ore the campaign period or similar pro,ects under !oreign agreements. >or purposes o! this provision, it shall be the dut o! the government o!!icials or agencies concerned to report to the Commission the list o! all such pro,ects being underta0en b them. ()) The :inistr o! Social Services and &evelopment and an other o!!ice in other ministries o! the government per!orming !unctions similar to said ministr , e#cept !or salaries o! personnel, and !or such other routine and normal e#penses, and !or such other e#penses as the Commission ma authori-e a!ter due notice and hearing. Should a calamit or disaster occur, all releases normall or usuall coursed through the said ministries and o!!ices o! other ministries shall be turned over to, and administered and disbursed b , the Philippine 5ational $ed Cross, sub,ect to the supervision o! the Commission on Audit or its representatives, and no candidate or his or her spouse or member o! his !amil "ithin the second civil degree o! a!!init or consanguinit shall participate, directl or indirectl , in the distribution o! an relie! or other goods to the victims o! the calamit or disaster+ and (() The :inistr o! /uman Settlements and an other o!!ice in an other ministr o! the government per!orming !unctions similar to

said ministr , e#cept !or salaries o! personnel and !or such other necessar administrative or other e#penses as the Commission ma authori-e a!ter due notice and hearing. (") Prohibition against construction o! public "or0s, deliver o! materials !or public "or0s and issuance o! treasur "arrants and similar devices. . &uring the period o! !ort .!ive da s preceding a regular election and thirt da s be!ore a special election, an person "ho (a) underta0es the construction o! an public "or0s, e#cept !or pro,ects or "or0s e#empted in the preceding paragraph+ or (b) issues, uses or avails o! treasur "arrants or an device underta0ing !uture deliver o! mone , goods or other things o! value chargeable against public !unds. (#) Suspension o! elective provincial, cit , municipal or baranga o!!icer. . The provisions o! la" to the contrar not"ithstanding during the election period, an public o!!icial "ho suspends, "ithout prior approval o! the Commission, an elective provincial, cit , municipal or baranga o!!icer, unless said suspension "ill be !or purposes o! appl ing the EAnti.Gra!t and Corrupt Practices ActE in relation to the suspension and removal o! elective o!!icials+ in "hich case the provisions o! this section shall be inapplicable. ( ) <n $egistration o! 'oters= (1) An person "ho, having all the 2uali!ications and none o! the dis2uali!ications o! a voter, !ails "ithout ,usti!iable e#cuse to register as a voter in an election, plebiscite or re!erendum in "hich he is 2uali!ied to vote. ()) An person "ho 0no"ingl ma0es an !alse or untruth!ul statement relative to an o! the data or in!ormation re2uired in the application !or registration. (() An person "ho deliberatel imprints or causes the imprinting o! blurred or indistinct !ingerprints on an o! the copies o! the application !or registration or on the voter?s a!!idavit+ or an person in charge o! the registration o! voters "ho deliberatel or through negligence, causes or allo"s the imprinting o! blurred or indistinct !ingerprints on an o! the a!orementioned registration !orms, or an person "ho tampers "ith the !ingerprints in said registration records. (4) An member o! the board o! election inspectors "ho approves an application "hich on its !ace sho"s that the applicant does not possess all the 2uali!ications prescribed b la" !or a voter+ or "ho disapproves an application "hich on its !ace sho"s that the applicant possesses all such 2uali!ications. (6) An person "ho, being a registered voter, registers ane" "ithout !iling an application !or cancellation o! his previous registration. (1) An person "ho registers in substitution !or another "hether "ith or "ithout the latter?s 0no"ledge or consent. (9) An person "ho tampers "ith or changes "ithout authorit an data or entr in an voter?s application !or registration. (7) An person "ho dela s, hinders or obstruct another !rom registering. (@) An person "ho !alsel certi!ies or identi!ies another as a bona !ide resident o! a particular place or localit !or the purpose o! securing the latter?s registration as a voter.

(1A) An person "ho uses the voter?s a!!idavit o! another !or the purpose o! voting, "hether or not he actuall succeeds in voting. (11) An person "ho places, inserts or other"ise includes, as approved application !or registration in the boo0 o! voters or in the provincial or national central !iles o! registered voters, the application o! an !ictitious voter or an application that has not been approved+ or removes !rom, or other"ise ta0es out o! the boo0 o! voters or the provincial or national central !iles o! registered voters an dul approved voter?s application, e#cept upon la"!ul order o! the Commission, or o! a competent court or a!ter proper cancellation as provided in Sections 1)), 1)(, 1)4 and 1)6 hereo!. (1)) An person "ho trans!ers or causes the trans!er o! the registration record o! a voter to the boo0 o! voters o! another polling place, unless said trans!er "as due to a change o! address o! the voter and the voter "as dul noti!ied o! his ne" polling place. (1() An person "ho as0s, demands, ta0es, accepts or possesses, directl or indirectl , the voter?s a!!idavit o! another, in order to induce the latter to "ithhold his vote, or to vote !or or against an candidate in an election or an issue in a plebiscite or re!erendum. It shall be presumed prima !acie that the as0ing, demanding, ta0ing, accepting, or possessing is "ith such intent i! done "ithin the period beginning ten da s be!ore election da and ending ten da s a!ter election da , unless the voter?s a!!idavit o! another and the latter are both members o! the same !amil . (14) An person "ho delivers, hands over, entrusts, gives, directl or indirectl his voter?s a!!idavit to another in consideration o! mone or other bene!it or promises thereo!, or ta0es or accepts such voter?s a!!idavit directl or indirectl , b giving or causing the giving o! mone or other bene!it or ma0ing or causing the ma0ing o! a promise thereo!. (16) An person "ho alters in an manner, tears, de!aces, removes or destro s an certi!ied list o! voters. (11) An person "ho ta0es, carries or possesses an blan0 or unused registration !orm alread issued to a cit or municipalit outside o! said cit or municipalit e#cept as other"ise provided in this Code or "hen directed b e#press order o! the court or o! the Commission. (19) An person "ho maliciousl omits, tampers or trans!ers to another list the name o! a registered voter !rom the o!!icial list o! voters posted outside the polling place. (-) <n voting= (1) An person "ho !ails to cast his vote "ithout ,usti!iable e#cuse. ()) An person "ho votes more than once in the same election, or "ho, not being a registered voter, votes in an election. (() An person "ho votes in substitution !or another "hether "ith or "ithout the latter?s 0no"ledge andMor consent. (4) An person "ho, not being illiterate or ph sicall disabled, allo"s his ballot to be

prepared b another, or an person "ho prepares the ballot o! another "ho is not illiterate or ph sicall disabled, "ith or "ithout the latter?s 0no"ledge andMor consent. (6) An person "ho avails himsel! o! an means o! scheme to discover the contents o! the ballot o! a voter "ho is preparing or casting his vote or "ho has ,ust voted. (1) An voter "ho, in the course o! voting, uses a ballot other than the one given b the board o! election inspectors or has in his possession more than one o!!icial ballot. (9) An person "ho places under arrest or detains a voter "ithout la"!ul cause, or molests him in such a manner as to obstruct or prevent him !rom going to the polling place to cast his vote or !rom returning home a!ter casting his vote, or to compel him to reveal ho" he voted. (7) An member o! the board o! election inspectors charged "ith the dut o! reading the ballot during the counting o! votes "ho deliberatel omits to read the vote dul "ritten on the ballot, or misreads the vote actuall "ritten thereon or reads the name o! a candidate "here no name is "ritten on the ballot. (@) An member o! the board o! election inspectors charged "ith the dut o! tall ing the votes in the tall board or sheet, election returns or other prescribed !orm "ho deliberatel !ails to record a vote therein or records erroneousl the votes as read, or records a vote "here no such vote has been read b the chairman. (1A) An member o! a board o! election inspectors "ho has made possible the casting o! more votes than there are registered voters. (11) An person "ho, !or the purpose o! disrupting or obstructing the election process or causing con!usion among the voters, propagates !alse and alarming reports or in!ormation or transmits or circulates !alse orders, directives or messages regarding an matter relating to the printing o! o!!icial ballots, the postponement o! the election, the trans!er o! polling place or the general conduct o! the election. (1)) An person "ho, "ithout legal authorit , destro s, substitutes or ta0es a"a !rom the possession o! those having legal custod thereo!, or !rom the place "here the are legall deposited, an election !orm or document or ballot bo# "hich contains o!!icial ballots or other documents used in the election. (1() An person having legal custod o! the ballot bo# containing the o!!icial ballots used in the election "ho opens or destro s said bo# or removes or destro s its contents "ithout or against the order o! the Commission or "ho, through his negligence, enables an person to commit an o! the a!orementioned acts, or ta0es a"a said ballot bo# !rom his custod . (14) An member o! the board o! election inspectors "ho 0no"ingl uses ballots other than the o!!icial ballots, e#cept in those cases "here the use o! emergenc ballots is authori-ed. (16) An public o!!icial "ho neglects or !ails to properl preserve or account !or an ballot bo#,

documents and !orms received b him and 0ept under his custod . (11) An person "ho reveals the contents o! the ballot o! an illiterate or disabled voter "hom he assisted in preparing a ballot. (19) An person "ho, "ithout authorit , trans!ers the location o! a polling place. (17) An person "ho, "ithout authorit , prints or causes the printing o! an ballot or election returns that appears as o!!icial ballots or election returns or "ho distributes or causes the same to be distributed !or use in the election, "hether or not the are actuall used. (1@) An person "ho, "ithout authorit , 0eeps, uses or carries out or causes to be 0ept, used or carried out, an o!!icial ballot or election returns or printed proo! thereo!, t pe.!orm mould, electro.t pe printing plates and an other plate, numbering machines and other printing paraphernalia being used in connection "ith the printing o! o!!icial ballots or election returns. ()A) An o!!icial or emplo ee o! an printing establishment or o! the Commission or an member o! the committee in charge o! the printing o! o!!icial ballots or election returns "ho causes o!!icial ballots or election returns to be printed in 2uantities e#ceeding those authori-ed b the Commission or "ho distributes, delivers, or in an manner disposes o! or causes to be distributed, delivered, or disposed o!, an o!!icial ballot or election returns to an person or persons not authori-ed b la" or b the Commission to receive or 0eep o!!icial ballots or election returns or "ho sends or causes them to be sent to an place not designated b la" or b the Commission. ()1) An person "ho, through an act, means or device, violates the integrit o! an o!!icial ballot or election returns be!ore or a!ter the are used in the election. ())) An person "ho removes, tears, de!aces or destro s an certi!ied list o! candidates posted inside the voting booths during the hours o! voting. ()() An person "ho holds or causes the holding o! an election on an other da than that !i#ed b la" or b the Commission, or stops an election being legall held. ()4) An person "ho deliberatel blurs his !ingerprint in the voting record. (aa) <n Canvassing= (1) An chairman o! the board o! canvassers "ho !ails to give due notice o! the date, time and place o! the meeting o! said board to the candidates, political parties andMor members o! the board. ()) An member o! the board o! canvassers "ho proceeds "ith the canvass o! the votes andMor proclamation o! an candidate "hich "as suspended or annulled b the Commission. (() An member o! the board o! canvassers "ho proceeds "ith the canvass o! votes andMor proclamation o! an candidate in the absence o! 2uorum, or "ithout giving due notice o! the date, time and place o! the meeting o! the

board to the candidates, political parties, andMor other members o! the board. (4) An member o! the board o! canvassers "ho, "ithout authorit o! the Commission, uses in the canvass o! votes andMor proclamation o! an candidate an document other than the o!!icial cop o! the election returns. (bb) Common to all boards o! election inspectors and boards o! canvassers= (1) An member o! an board o! election inspectors or board o! canvassers "ho deliberatel absents himsel! !rom the meetings o! said bod !or the purpose o! obstructing or dela ing the per!ormance o! its duties or !unctions. ()) An member o! an board o! election inspectors or board o! canvassers "ho, "ithout ,usti!iable reason, re!uses to sign and certi! an election !orm re2uired b this Code or prescribed b the Commission although he "as present during the meeting o! the said bod . (() An person "ho, being ineligible !or appointment as member o! an board o! election inspectors or board o! canvassers, accepts an appointment to said bod , assumes o!!ice, and actuall serves as a member thereo!, or an o! public o!!icer or an person acting in his behal! "ho appoints such ineligible person 0no"ing him to be ineligible. (4) An person "ho, in the presence or "ithin the hearing o! an board o! election inspectors or board o! canvassers during an o! its meetings, conducts himsel! in such a disorderl manner as to interrupt or disrupt the "or0 or proceedings to the end o! preventing said bod !rom per!orming its !unctions, either partl or totall . (6) An public o!!icial or person acting in his behal! "ho relieves an member o! an board o! election inspectors or board o! canvassers or "ho changes or causes the change o! the assignments o! an member o! said board o! election inspectors or board o! canvassers "ithout authorit o! the Commission. (cc) <n candidac and campaign= (1) An political part "hich holds political conventions or meetings to nominate its o!!icial candidates earlier that the period !i#ed in this Code. ()) An person "ho abstracts, destro s or cancels an certi!icate o! candidac dul !iled and "hich has not been cancelled upon order o! the Commission. (() An person "ho misleads the board o! election inspectors b submitting an !alse or spurious certi!icate o! candidac or document to the pre,udice o! a candidate. (4) An person "ho, being authori-ed to receive certi!icates o! candidac , receives an certi!icate o! candidac outside the period !or !iling the same and ma0es it appear that said certi!icate o! candidac "as !iled on time+ or an person "ho, b means o! !raud, threat, intimidation, terrorism or coercion, causes or compels the commission o! said act. (6) An person "ho, b an device or means, ,ams, obstructs or inter!eres "ith a radio or

television broadcast o! an la"!ul political program. (1) An person "ho solicits votes or underta0es an propaganda, on the da o! election, !or or against an candidate or an political part "ithin the polling place or "ithin a radius o! thirt meters thereo!. (dd) <ther prohibitions= (1) An person "ho sells, !urnishes, o!!ers, bu s, serves or ta0es into#icating li2uor on the da s !i#ed b la" !or the registration o! voters in the polling place, or on the da be!ore the election or on election da = Provided, That hotels and other establishments dul certi!ied b the :inistr o! Tourism as tourist oriented and habituall in the business o! catering to !oreign tourists ma be e#empted !or ,usti!iable reasons upon prior authorit o! the Commission= Provided, !urther, That !oreign tourists ta0ing into#icating li2uor in said authori-ed hotels or establishments are e#empted !rom the provisions o! this subparagraph. ()) An person "ho opens in an polling place or "ithin a radius o! thirt meters thereo! on election da and during the counting o! votes, booths or stalls o! an 0ind !or the sale, dispensing or displa o! "ares, merchandise or re!reshments, "hether solid or li2uid, or !or an other purposes. (() An person "ho holds on election da , !airs, coc0!ights, bo#ing, horse races, ,ai.alai or an other similar sports. (4) $e!usal to carr election mail matter. . An operator or emplo ee o! a public utilit or transportation compan operating under a certi!icate o! public convenience, including government.o"ned or controlled postal service or its emplo ees or deputi-ed agents "ho re!use to carr o!!icial election mail matters !ree o! charge during the election period. In addition to the penalt prescribed herein, such re!usal shall constitute a ground !or cancellation or revocation o! certi!icate o! public convenience or !ranchise. (6) Prohibition against discrimination in the sale o! air time. . An person "ho operates a radio or television station "ho "ithout ,usti!iable cause discriminates against an political part , coalition or aggroupment o! parties or an candidate in the sale o! air time. In addition to the penalt prescribed herein, such re!usal shall constitute a ground !or cancellation or revocation o! the !ranchise. Sec. )1). )ther election offenses. - 'iolation o! the provisions, or pertinent portions, o! the !ollo"ing sections o! this Code shall constitute election o!!enses= Sections @, 17, 94, 96, 91, 7A, 71, 7), 7(, 74, 76, 71, 79, 77, 7@, @6, @1, @9, @7, @@, 1AA, 1A1, 1A), 1A(, 1A4, 1A6, 1A1 1A9, 1A7, 1A@, 11A, 111, 11), 1)), 1)(, 1)9, 1)7, 1)@, 1(), 1(4, 1(6, 146, 147, 16A, 16), 19), 19(, 194, 197, 17A, 17), 174, 176, 171, 17@, 1@A, 1@1, 1@), 1@4, 1@6, 1@1, 1@9, 1@7, )A), )A(, )A4, )A6, )A1, )A9, )A7, )A@, )1A, )11, )1), )1(, )14, )16, )11, )19, )17, )1@, ))A, ))(, ))@, )(A, )(1, )((, )(4, )(6, )(1, )(@ and )4A. ' LOS(A)AN vs. COMELEC ( ".R. N#. 128*54, O+,. 16, 1997 ) >acts= Special Provision 5o. 1 o! the Countr "ide &evelopment >und (C&>) under $epublic Act 5o. 917A, allocates a speci!ic

amount o! government !unds !or in!rastructure and other priorit pro,ects and activities. In order to be valid, the use and release o! said amount should have the !ollo"ing mandator re2uirements= (1) Approval b the President o! the Philippines+ ()) $elease o! the amount directl to the appropriate implementing agenc + and (() Bist o! pro,ects and activities. $espondent Cesar Sarino, the then &IBG Secretar , re2uested !or authorit to negotiate, enter into, sign :emoranda o! Agreements "ith accredited 5on.Governmental <rgani-ations (5G<s) in order to utili-e them to implement the pro,ects o! the C&> provided !or under $.A. 5o. 917A. $espondent >ran0lin &rilon, the then 8#ecutive Secretar , granted the abovementioned re2uest o! Secretar Sarino. Such an authorit "as e#tended to all the $egional &irectors o! the &IBG. Pursuant to the above.described authorit granted him, respondent Tiburcio $elucio, on April )4, 1@@), entered into a :emorandum o! Agreement "ith an accredited 5G< 0no"n as the IPhilippine Nouth /ealth and Sports &evelopment >oundation, Inc.J (PN/S&>I). C<:8B8C received !rom petitioner Oilosba an a letter in!orming the !ormer o! It"o serious violations o! election la"s,J among them that the amount o! P9A million "as released b the 3udget &epartment, shortl be!ore the elections o! :a 11, 1@@), in !avor o! IPN/S&>IJ a private entit , "hich had reportedl engaged in dirt election tric0s and practices in said elections and re2uesting that these o!!enses and malpractices be investigated promptl , thoroughl , impartiall , "ithout !ear o! !avor. Issue= 3ased on recommendations b the Comelec Ba" &epartment, the Commission en banc dismissed the letter. complaint !or lac0 o! evidence. /eld= The constitutional and statutor mandate !or the Comelec to investigate and prosecute cases o! violation o! election la"s translates, in e!!ect, to the e#clusive po"er to conduct preliminar investigations in cases involving election o!!enses !or the t"in purpose o! !iling an in!ormation in court and helping the Fudge determine, in the course o! preliminar in2uir , "hether or not a "arrant o! arrest should be issued. Although onl a lo" 2uantum and 2ualit o! evidence is needed to support a !inding o! probable cause, the same cannot be ,usti!ied upon hearsa evidence that is never given an evidentiar or probative value in this ,urisdiction. *'I. 8lection and its e!!ect on Administrative Cases

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