ELECTION LAW

I. Introduction A. Suffrage 1987 Constitution - Art. II, Sec. 1
ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

- Art. IV, Sec. 2
Section 2. Natural born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship shall be deemed natural born citizens.

- Art. V, Secs. 1 – 2
Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year, and in the place wherein they propose to vote, for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage. Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad. The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.

- Art. VI, Secs. 3, 4, 5, 8, 9, 17 & 19
Section 3. No person shall be a Senator unless he is a natural born citizen of the Philippines, 35 years of age on the day of his election, able to read and write, a registered voter and a resident of the Philippines for not less than two years immediately preceding the day of the election. Section 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term of which he was elected. Section 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio,

and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations. (2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector. (3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative. (4) Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section. Section 6. No person shall be a Member of the House of Representatives unless he is a naturalborn citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election. Section 7. The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Member of the House of Representatives shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. Section 8. Unless otherwise provided by law, the regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May. Section 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term. Section 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman. Section 18. There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein. The chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members.

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duly certified by the board of canvassers of each province or city. at the call of its Chairman or a majority of all its Members. canvass the votes. open all the certificates in the presence of the Senate and the House of Representatives in joint public session. 4. 7 – 10 Section 4. the Vice President-elect shall act as President until a President shall have been chosen and qualified. The Electoral Tribunals and the Commission on Appointments shall be constituted within thirty days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker. sitting en banc. the Vice President-elect shall act as President until the President-elect shall have qualified. voting separately. or where both shall have died or become permanently disabled. the President of the Senate shall. The President-elect and the Vice President-elect shall assume office at the beginning of their terms. and qualifications of the President or Vice-President. Section 7. Secs. Unless otherwise provided by law. upon determination of the authenticity and due execution thereof in the manner provided by law. not later than thirty days after the day of the election. The person having the highest number of votes shall be proclaimed elected. and the Congress. shall be the sole judge of all contests relating to the election. The Commission on Appointments shall meet only while the Congress is in session. but in case two or more shall have an equal and highest number of votes. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time. 3 . the President of the Senate or. one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of the Congress. . If the President-elect fails to qualify. the regular election for President and Vice-President shall be held on the second Monday of May. VII. Upon receipt of the certificates of canvass. returns. to discharge such powers and functions as are herein conferred upon it.Section 19. directed to the President of the Senate. shall be transmitted to the Congress. The Congress shall promulgate its rules for the canvassing of the certificates.Art. the President-elect shall have died or shall have become permanently disabled. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected. If a President shall not have been chosen. The Supreme Court. If at the beginning of the term of the President. The returns of every election for President and Vice-President. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date. The President shall not be eligible for any re-election. six years thereafter. the Vice President-elect shall become President. No Vice-President shall serve for more than two successive terms. Where no President and Vice-President shall have been chosen or shall have qualified. and may promulgate its rules for the purpose.

1. shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. the Speaker of the House of Representatives. in case of death. removal from office. Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected. Section 26. He shall serve until the President or the Vice-President shall have been elected and qualified. convene in accordance with its rules without need of a call and within seven days. the Speaker of the House of Representatives.Art. Section 10. by law. The Congress shall. at least thirty-five years of age. at ten o'clock in the morning of the third day after the vacancy in the offices of the President and Vice-President occurs. the Vice-President shall become the President to serve the unexpired term. permanent disability. the President of the Senate or. at the time of their appointment. B. in case of his inability. The Congress shall. IX-C i. In case of death. removal from office. No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election. shall act as President until a President or a Vice-President shall have been chosen and qualified. permanent disability. Section 25. The Congress shall. or resignation of the Acting President. and be subject to the same restrictions of powers and disqualifications as the Acting President. a majority thereof. Article V1 of this Constitution. voting separately. The convening of the Congress cannot be suspended nor the special election postponed. enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call. Section 9. (1) There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and. Article V1 of this Constitution and shall become law upon its approval on third reading by the Congress. 3 Section 1. permanent disability.Art. Composition . Appropriations for the special election shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4. shall then act as President until the President or Vice-President shall have been elected and qualified. holders of a college degree. by law. the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress. Secs. IX-C. The bill calling such special election shall be deemed certified under paragraph 2. In case of death. permanent disability. 4 .in case of his inability. or inability of the officials mentioned in the next preceding paragraph. provide for the manner in which one who is to act as President shall be selected until a President or a Vice-President shall have qualified. Section 8. However. including the Chairman. or resignation of the President. and must not have been candidates for any elective positions in the immediately preceding elections. Comelec 1987 Constitution . or resignation of both the President and VicePresident. provide who shall serve as President in case of death.

or modify substantive rights. three Members shall hold office for seven years. and not appealable. Section 6. In no case shall any Member be appointed or designated in a temporary or acting capacity. final orders. without reappointment. Each Commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. all questions affecting elections. Such rules. referendum. Decisions. Secs. 4 – 7 Section 4. The Constitutional Commissions shall appoint their officials and employees in accordance with law. ii. provided that motions for reconsideration of decisions shall be decided by the Commission en banc. any decision.proclamation controversies. executory. 2.Art. The Commission on Elections may sit en banc or in two divisions. Section 5. Each Commission shall decide by a majority vote of all its Members. Appointment to any vacancy shall be only for the unexpired term of the predecessor. provincial. Unless otherwise provided by this Constitution or by law. A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading. except those involving the right to vote. and shall promulgate its rules of procedure in order to expedite disposition of election cases. (3) Decide. or memorandum required by the rules of the Commission or by the Commission itself. brief. increase. IX-C. 4. Secs. shall not diminish. two Members for five years. Powers . Section 7. 11 Sec. IX. including pre. including determination of the number and location of polling places. 5 . Of those first appointed. and the last Members for three years. . 2. however. or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final. any case or matter brought before it within sixty days from the date of its submission for decision or resolution.(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. and qualifications of all elective regional. initiative. plebiscite. Section 3. and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction. appointment of election officials and inspectors. and city officials. or involving elective barangay officials decided by trial courts of limited jurisdiction. Their approved annual appropriations shall be automatically and regularly released. The Commission shall enjoy fiscal autonomy.Art. All such election cases shall be heard and decided in division. and registration of voters. The Commission on Elections shall exercise the following powers and functions: (1) Enforce and administer all laws and regulations relative to the conduct of an election. (2) Exercise exclusive original jurisdiction over all contests relating to the elections. or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof. order. returns. and recall. 9.

A. and. in addition to other penalties that may be prescribed by law. (8) Recommend to the President the removal of any officer or employee it has deputized. prosecute cases of violations of election laws. or recall. Those which seek to achieve their goals through violence or unlawful means. the Commission shall fix other periods and dates in order to ensure accomplishment of the activities so voters shall not be deprived of their right of suffrage. coalitions. Designation of Other Dates for certain Pre-election Acts. plebiscite. organizations. referenda. upon a verified complaint. supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities. shall be an additional ground for the cancellation of their registration with the Commission. constitute interference in national affairs. shall be provided in the regular or special appropriations and. after sufficient publication. and credible elections. Section 4. or candidates related to elections. all grants. petitions in court for inclusion or exclusion of voters. or on its own initiative. for public information campaigns and forums among candidates in connection with the objective of holding free. or decision. orderly. or refuse to uphold and adhere to this Constitution. including acts or omissions constituting election frauds. initiatives. shall be released automatically upon certification by the Chairman of the Commission. . 29 & 30 Section 29. Section 9. where appropriate. for the exclusive purpose of ensuring free. law enforcement agencies and instrumentalities of the Government. special privileges. (6) File.If it should no longer be reasonably possible to observe the periods and dates prescribed by law for certain pre-election acts. or instrumentality thereof. or which are supported by any foreign government shall likewise be refused registration. including any government-owned or controlled corporation or its subsidiary. political parties. and recalls. Such supervision or regulation shall aim to ensure equal opportunity. media of communication or information. orderly. Section 11. initiative. honest. for violation or disregard of. peaceful. and nuisance candidacies. once approved. offenses. and to prevent and penalize all forms of election frauds. The Commission may. agency. and accredit citizens' arms of the Commission on Elections. malpractices.(4) Deputize. offenses. its directive. including limitation of places where propaganda materials shall be posted. (7) Recommend to the Congress effective measures to minimize election spending. must present their platform or program of government. investigate and. or disobedience to. Financial contributions from foreign governments and their agencies to political parties. No. or the imposition of any other disciplinary action. Religious denominations and sects shall not be registered. and equal rates therefor. referendum. during the election period. . including the Armed Forces of the Philippines. plebiscites. or concessions granted by the Government or any subdivision. 6 . with the concurrence of the President. and malpractices. honest. organizations. in addition to other requirements. the election period shall commence ninety days before the day of election and shall end thirty days thereafter.R. and credible elections. when accepted. Unless otherwise fixed by the Commission in special cases. order. a comprehensive report on the conduct of each election. (9) Submit to the President and the Congress. 6646 (The Electoral Reforms Law of 1987). (5) Register. Secs. or coalitions which. Funds certified by the Commission as necessary to defray the expenses for holding regular and special elections. peaceful.

Until then. HELD: The acts of suffrage must be exercised within the proper bounds and framework of the Constitution and must properly yield to pertinent laws skillfully enacted by the Legislature. 355 SCRA 318 The petitioners. and in the place wherein they propose to vote. and who shall have resided in the Philippines for at least one year.A. 2001 general elections. . upon determining the sufficiency of the petition.R.A. 8436. 6646 and adopted verbatim in Sec. Effectivity of Regulations and Orders of the Commission. 28 of R.Art.R. The petitioners invoke the Comelec’s “residual powers” under Sec. Conduct and Date of Initiative or Referendum. Secs. 6735 (The Initiative and Referendum Act). Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law. It is not at 7 . 6 & 8 Sec.A. 8189 (The Voters Registration Act of 1996) . No. Within a period of thirty (30) days from receipt of the petition.A. property. for at least six months immediately preceding the election.The rules and regulations promulgated by the Commission shall take effect on the seventh day after their publication in the Official Gazette or in at least two (2) daily newspapers of general circulation in the Philippines. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad. II. The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. 29 of R.Section 30. sought to direct the Comelec to hold additional two (2) days of registration to enable new voters ages 18 to 21 to register and participate in the May 14. Secs. Sec. No. — The Commission shall call and supervise the conduct of initiative or referendum. — The Commission on Election shall set a special registration day at least three (3) weeks before a scheduled initiative or referendum. publish the same in Filipino and English at least twice in newspapers of general and local circulation and set the date of the initiative or referendum which shall not be earlier than forty-five (45) days but not later than ninety (90) days from the determination by the Commission of the sufficiency of the petition. ISSUE: Whether or not the Comelec can be compelled to conduct special registration of new voters for the May 14. . 1 . or other substantive requirement shall be imposed on the exercise of suffrage. Special Registration. which empowers the Comelec to fix other periods and dates for certain pre-election acts in order to ensure accomplishments of the activities so voters shall not be deprived of their right to suffrage. the Commission shall. . No literacy. No. they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot. representing the youth. The Comelec had earlier denied the request for additional registration days for new voters. 8. Registration of Voters 1987 Constitution . 6. 2001 General Elections. Comelec. No. Section 2.Akbayan-Youth vs.2 Section 1. who are at least eighteen years of age. V.

8436 would come into play in cases where the pre-election acts are susceptible of performance within the available period prior to election day. 5.R. the process of registration. No. Sec. To this end. 4. 8436. No.A. among others. No. 8189. HELD: The clear text of the laws decrees that voters be allowed to register daily during regular office hours. 28 grant the Comelec the power to fix other periods and dates for pre-election activities only if the same cannot be reasonably held within the period provided by law. In addition to the minimum requirements set by the fundamental charter. 5. 8189. 8 of R.Kabataan Party-List Representative Raymond V. 28 of R. 8436 to fix other dates for pre-election acts.A. 8436. – All citizens of the Philippines abroad. No. .A. vs. No. however. b. It is specious for petitioners to argue that Comelec may validly and legally conduct a two-day special registration. the same is not in conflict with the mandate of continuing voter registration under R. No. Respecting the authority of Comelec under R.A. is for the purpose of enabling the people to exercise the right of suffrage – the common underlying policy of R. including those 8 . Those who have committed and are convicted in a final judgment by a court or tribunal of an offense punishable by imprisonment of not less than one (1) year.A. Sec.A. ISSUE: Whether or not the Comelec can advance the deadline for voter registration to a date earlier than that fixed by law which is 120 days before a regular election and 90 days before a special election. 28 of R. who are not otherwise disqualified by law. 8189. The Comelec. No. 8436.A. – The following shall be disqualified from voting under this Act: a. SEC. through the expedient of the letter of Sec. No. Registration is an indispensable precondition to the right of suffrage. 6646. the provisions of Sec. 8585 which advanced the deadline for voter registration for the May 10. at least eighteen (18) years of age on the day of elections. No. 2009. Commission on Elections. Palatino et al. Disqualifications. on the other hand. No. Both R. 2010 national and local elections to October 31. Sec. 28 of R. a citizen is obliged by law to register. 6646 and R. Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country. statute books and other repositories of law. c. to our mind. No. 8189. senators and party-list representatives. 9189 (The Overseas Absentee Voting Act).A. R.A. Those who have lost their Filipino citizenship in accordance with Philippine laws. It also argues that Sec.A. applies in this case. 8436 is. 4. They contend that Comelec Resolution No. Coverage. except during the period starting 120 days before a regular election and 90 days before a special election. justifies its resolution on the ground that it needs ample time to prepare for the automated elections.A. Congress itself has determined that the period of 120 days before a regular election and 90 days before a special election is enough time for Comelec to make all the necessary preparations with respect to the coming elections. anchored on the sound premise that these certain ”pre-election acts” are still capable of being reasonably performed vis-à-vis the remaining period before the date of election and the conduct of other related preelection activities required under the law. 28 of R.A. may vote for president. No. No. Sec. 8436 authorizes it to fix other dates for pre-election acts which include voter registration. By this provision. This grant of power.A. The right of a citizen to vote is necessarily conditioned upon certain procedural requirements he must undergo. 6646 and R. 8 SEC. No. 29 and R. Secs. 28 of R. which provides that no registration shall be conducted during the period starting 120 days before a regular election. 7. 8585 is unconstitutional because it amends the system of continuing voter registration under Sec.all absolute but it is subject to existing substantive and procedural requirements embodied in our Constitution.A.A. 608 SCRA 248 The petitioners assail the validity of Comelec Resolution No. 2009 instead of December 15. vice-president. . No. In more categorical language.

That the Commission may take cognizance of final judgments issued by foreign courts or tribunals only on the basis of reciprocity and subject to the formalities and processes prescribed by the Rules of Court on execution of judgments. Department of Labor and Employment. the Commission shall optimize the use of existing facilities. services and mechanisms offered and administered by the Department of Foreign Affairs. That any person disqualified to vote under this subsection shall automatically acquire the right to vote upon expiration of five (5) years after service of sentence. Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad. information dissemination and facilitation of the registration process. e. Address of applicant abroad. SEC. Provided. SEC. consulates or foreign service establishments concerned. Provided. as verified by the Philippine embassies. A valid Philippine passport. d. 7. Such affidavit shall also state that he/she has not applied for citizenship in another country. 8. System of Continuing Registration. Commission on Filipinos Overseas and other appropriate agencies of the government shall be utilized for purposes of supporting the overseas absentee registration and voting processes. – The Commission shall ensure that the benefits of the system of continuing registration are extended to qualified overseas absentee voters. unless such competent authority subsequently certifies that such person is no longer insane or incompetent. unless he/she executes. and 9 . Requirements for Registration. such disability not having been removed by plenary pardon or amnesty. the applicant’s mailing address outside the Philippines where the ballot for absentee voting will be sent. upon registration. further. Where voting by mail is allowed. 3. In the absence of a valid passport. personnel and mechanisms of the various government agencies for purposes of data gathering. An immigrant or a permanent resident who is recognized as such in the host country. an affidavit prepared for the purpose by the Commission declaring that he/she shall resume actual physical permanent residence in the Philippines not later than three (3) years from approval of his/her registration under this Act. data validation. – Every Filipino registrant shall be required to furnish the following documents: a. Pre-departure programs. or forwarding address in the case of seafarers. Failure to return shall be cause for the removal of the name of the immigrant or permanent resident from the National Registry of Absentee Voters and his/her permanent disqualification to vote in absentia. or that the applicant is a holder of a valid passport but is unable to produce the same for a valid reason. 2. Accomplished registration form prescribed the Commission containing the following mandatory information: 1. Philippine Overseas Employment Administration. b.who have committed and been found guilty of Disloyalty as defined under Article 137 of the Revised Penal Code. subject to limitations imposed by law. however. Towards this end. Last known residence of the applicant in the Philippines before leaving for abroad. a certification of the Department of Foreign Affairs that it has reviewed the appropriate documents submitted by the applicant and found them sufficient to warrant the issuance of a passport. proper cases. Overseas Workers’ Welfare Administration.

Civil and Political Rights and Liabilities. 9189. and to entitle it to the rights and privileges herein granted to political parties. and (5) That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by. 881 (The Omnibus Elections Code). -. after notice and hearing be deemed to have forfeited such status as a registered political party in such constituency. Name and address of applicant’s authorized representative in the Philippines for purses of Section 6. Sec. make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath.62 Section 60.P. That they renounce their oath of allegiance to the country where they took that oath. In the case of immigrants and permanent residents not otherwise disqualified to vote under this Act.R. Secs. . III. No. 60 . c. 9225 (The Citizenship Retention and Re-acqusition Act). when used in this Act. Political party.7 and Section 12 hereof. . Such affidavit shall also state he/she has not applied for citizenship in another country. an affidavit declaring the intention to resume actual physical permanent residence in the Philippines not later than three (3) year after approval of his/her registration as an overseas absentee voter under this Act. 5 SEC. means an organized group of persons pursuing the same ideology. a political party shall first be duly registered with the Commission."Political party" or "party". Political parties .A. Article V of the Constitution. (4) Those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to engage in such practice. (3) Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities prior to their assumption of office: Provided. Republic Act No. fails to obtain at least ten percent of the votes cast in the constituency in which it nominated and supported a candidate or candidates in the election next following its registration shall. 5.Those who retain or re-acquire Philippine citizenship under this Act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions: (1) Those intending to exercise their right of suffrage must meet the requirements under Section 1. those who: (a) are candidates for or are occupying any public office in the country of which they are naturalized citizens. political ideas or platforms of government and includes its branches and divisions. or extended to. Any registered political party that. No information other than those necessary to establish the identity and qualification of the applicant shall be required. otherwise known as "The Overseas Absentee Voting Act of 2003" and other existing laws. and/or (b) are in active service as commissioned or non-commissioned officers in the armed forces of the country which they are naturalized citizens.4.B. Blg. To acquire juridical personality. at the time of the filing of the certificate of candidacy. (2) Those seeking elective public office in the Philippines shall meet the qualifications for holding such public office as required by the Constitution and existing laws and. quality it for subsequent accreditation. The Commission may also require additional data to facilitate registration and recording. 10 . singly or in coalition with others.

unless otherwise fixed by law. shall not be represented in the voters' registration boards. resolve the petition within fifteen days from the date it is submitted for decision. IV. Eligibility 11 . women. Candidates A.Art. they shall be entitled to appoint poll watchers in accordance with law. one-half of the seats allocated to party-list representatives shall be filled. and sectoral parties or organizations. resolve the petition within ten days from the date it is submitted for decision. No religious sect shall be registered as a political party and no political party which seeks to achieve its goal through violence shall be entitled to accreditation. . Registration. The Commission shall. Secs.Art. subject to the provisions of this Article. platform or program of government and such other relevant information as may be required by the Commission. who shall be elected from legislative districts apportioned among the provinces. cities. or coalition shall be valid. 5(2) Section 5. boards of election inspectors.Ang Bagong Bayani-OFW Labor Party vs. . (1) The House of Representatives shall be composed of not more than two hundred and fifty members. after due notice and hearing. No votes cast in favor of a political party. . or organizations or coalitions registered under the party-list system. regional. Commission on Elections. However.Section 61. Section 8. by selection or election from the labor. For three consecutive terms after the ratification of this Constitution. boards of canvassers. and those who. after due notice and hearing. peasant. Commission on Elections. 586 SCRA 210 V. and on the basis of a uniform and progressive ratio. (2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. 359 SCRA 698 .The Commission shall require publication of the petition for registration or accreditation in at least three newspapers of general circulation and shall. urban poor. Political parties. indigenous cultural communities. Publication of petition for registration or accreditation. Sec. Section 7. and the Metropolitan Manila area in accordance with the number of their respective inhabitants. IX-C. or other similar bodies. VI. . Section 62. shall be elected through a party-list system of registered national. A free and open party system shall be allowed to evolve according to the free choice of the people.BANAT vs. as provided by law.Any organized group of persons seeking registration as a national or regional political party may file with the Commission a verified petition attaching thereto its constitution and by-laws. organization. except for those registered under the party-list system as provided in this Constitution. youth. except the religious sector. 6 – 8 Section 6. as provided by law. Party-List 1987 Constitution. and such other sectors as may be provided by law. .

or sanggunian bayan. .(a) An elective local official must be a citizen of the Philippines. (b) Candidates for the position of governor. Section 3. 39. Secs. and a resident of the Philippines for at least ten years immediately preceding such election. at least forty years of age on the day of the election.Art. and in the same manner. He may be removed from office in the same manner as the President. and a resident thereof for a period of not less than one year immediately preceding the day of the election. VI. No person shall be a Senator unless he is a natural-born citizen of the Philippines and. Section 6. the district where he intends to be elected. 2 & 3 Section 2. 39 & 40 SEC. able to read and write.1987 Constitution . No person may be elected President unless he is a natural-born citizen of the Philippines.Art. (f) Candidates for the sangguniang kabataan must be at least fifteen (15) years of age but not more than twenty-one (21) years of age on election day. Secs. (d) Candidates for the position of member of the sangguniang panlungsod or sangguniang bayan must be at least eighteen (18) years of age on election day. 7160 (The Local Government Code). component cities. and a resident of the Philippines for not less than two years immediately preceding the day of the election. There shall be a Vice-President who shall have the same qualifications and term of office and be elected with. on the day of the election. 12 . -R. (e) Candidates for the position of punong barangay or member of the sangguniang barangay must be at least eighteen (18) years of age on election day. as the President. vice. and. a registered voter. a registered voter in the barangay. . is at least thirty-five years of age. vice-mayor or member of the sangguniang panlungsod of highly urbanized cities must be at least twenty-three (23) years of age on election day. 3 & 6 Section 3. sangguniang panlungsod. able to read and write. a resident therein for at least one (1) year immediately preceding the day of the election. able to read and write. is at least twenty-five years of age. or province or. The Vice-President may be appointed as a Member of the Cabinet. a registered voter in the district in which he shall be elected. Such appointment requires no confirmation. city.governor or member of the sangguniang panlalawigan. except the party-list representatives. VII. No. a registered voter. municipality. and able to read and write Filipino or any other local language or dialect. Qualifications. or municipalities must be at least twenty-one (21) years of age on election day. Secs. in the case of a member of the sangguniang panlalawigan. No person shall be a Member of the House of Representatives unless he is a naturalborn citizen of the Philippines and. or Mayor. on the day of the election.A. (c) Candidates for the position of Mayor or vice-mayor of independent component cities.

reversed its earlier decision. 1995 he was re-elected Mayor for a term ending on June 30. 1989. (e) Fugitives from justice in criminal or nonpolitical cases here or abroad.Borja. 3) To recapitulate. 1992. Constitution: the term of office of elective local officials. he must also have been elected to the same position for the same number of times before the disqualification can apply. becomes incapacitated. X. 2. 8. . and (g) The insane or feeble-minded. On March 27. except barangay officials. The vice mayor succeeds to the mayorship by operation of law while the Representative is elected to fill the vacancy. 2) There is a difference. Pampanga for a term commencing on July 1. the term limit for elective local officials must be taken to refer to the right to be elected as well as the right to serve in the same elective position. Capco became mayor by operation of law. Private respondent argued that he was not validly elected for the second 13 . Sec. . who was also a candidate for mayor of Pateros. (d) Those with dual citizenship. 1995 to June 30. He was re-elected for a third term commencing on July 1. He filed his certificate of candidacy for the same position for the May 2004 election. Jr. he was elected mayor for a term that ended on June 30. 523 SCRA 41 Private respondent Mayor Morales was elected mayor of Mabalacat. 1992. The other policy is that of enhancing the freedom of choice of the people. 2001. HELD: 1) to prevent the establishment of political dynasties is not the only policy embodied in the constitutional provision in question. ISSUE: Whether Capco’s service as mayor from Sept. (c) Those convicted by final judgment for violating the oath of allegiance to the Republic. Upon the death of the incumbent mayor on Sept. 1988 for a term ending June 30.SEC. 1998. 40. 2004. sought Capco’s disqualification on the theory that the latter would have already served as mayor for 3 consecutive terms. (b) Those removed from office as a result of an administrative case. 2. within two (2) years after serving sentence. Commission on Elections. between the case of a vice mayor and that of a member of the House of Representatives who succeeds another who dies. vs. On May 8. The petitioner sought Mayor Morales’ disqualification on the ground that he was elected and served 3 previous consecutive terms as mayor. 1998. Consequently. 1998. he filed his certificate of candidacy for mayor relative to the elections on May 11. To consider only stay in office regardless of how the official concerned came to that office – whether by election or by succession by operation of law – would be to disregard one of the purposes of the constitutional provision in question. The Comelec ruled in favor of Borja but upon motion for reconsideration. or is removed from the office. it is not enough that an individual has served three consecutive terms in an elective local office. however. Petitioner Borja. shall be three years and no such official shall serve for more than three consecutive terms. Disqualifications.The following persons are disqualified from running for any elective local position: (a) Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment. .Rivera III vs. (Art. (f) Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of this Code. 1995. 1992 should be considered as service for one full term. resigns. 295 SCRA 157 Private respondent Capco was elected Vice Mayor of Pateros on January 18. 1998. 2001 to June 30. On May 11. 1998 to June 30. He was re-elected for a second term commencing on July 1. Commission on Elections. 1989 to June 30.

The Comelec ruled against the private respondent but on motion for reconsideration. and b) he has fully served 3 consecutive terms. 2009 . the election period shall commence ninety days before the day of election and shall end thirty days thereafter. G. 2001-2004. Article X of the Constitution and Section 43(b) of RA 7160. 577 SCRA 589. Dec. He was mayor for the entire period notwithstanding the decision of the RTC of Angeles City declaring his proclamation void. The requisites for disqualification are: a) the official concerned has been elected for 3 consecutive terms in the same local government post.R. In the 2007 election. even on motion for reconsideration. 2009 VI. In September 2005 or during his 2004-2007 term of office. reversed its earlier ruling. . ISSUE: Is the preventive suspension of an elected public official an interruption of his term of office for purposes of the three-term limit rule under Section 8. 23. 248 SCRA 300 A. 2009 Private respondent Wilfredo F. 30. and 2004-2007 terms. vs. No. Election A. .Aldovino. HELD: 1) Mayor Morales assumed the position of Mayor after his election in May 1998 and served the office from July 1.Unless otherwise fixed in special cases by the Commission on Elections. 189698. . and that he did not serve a full second term because he was suspended by the Ombudsman from January 16. 1998 to June 30. No. Jan. Election and campaign periods. The best indicator of the suspended official’s continuity in office is the absence of a permanent replacement and the lack of the authority to appoint one since no vacancy exists.B. The petitioners sought to deny due course to Asilo’s certificate of candidacy or to cancel it on the ground that he had been elected and had served for three terms. Jr. Asilo was elected councilor of Lucena City for three consecutive terms: for the 1998-2001. Unless otherwise fixed by the Commission in special cases. as preventive suspension does not interrupt an elective official’s term. Art. respectively. 881 (The Omnibus Elections Code). Certificate of candidacy . Strict adherence to the intent of the three-term limit rule demands that preventive suspension should not be considered an interruption that allows an elective official’s stay in office beyond three terms.P. his candidacy for a fourth term therefore violated the three-term limit rule under Section 8. 1999. Asilo filed his certificate of candidacy for the same position. 14 . Comelec. Article X of the Constitution and Section 43(b) of Republic Act No. 184836. 2001. the RTC of Angeles City declared his proclamation as mayor null and void. 1. Sec. 7160 (RA 7160.Quinto v. 9 Section 9. ISSUE: Whether or not the second election of Mayor Morales in May 1998 may be counted even if his proclamation was declared void by the court.term because on August 6. 3 Section 3. which hereinafter shall be referred to as the Commission. Campaign period . A preventive suspension cannot simply be a term interruption because the suspended official continues to stay in office although he is barred from exercising the functions and prerogatives of the office within the suspension period. Commission on Elections.Dizon vs. Election period 1987 Constitution. Commission on Elections. the Sandiganbayan preventively suspended him for 90 days in relation with a criminal case he then faced. or the Local Government Code)? HELD: Asilo’s 2004-2007 term was not interrupted by the Sandiganbayan-imposed preventive suspension in 2005. Commission on Elections. 2001. Dec. 1999 to July 15. IX-C. G.R. B. The Comelec ruled in favour of Asilo. Sec. the election period shall commence ninety days before the day of the election and shall end thirty days thereafter.Romuladez-Marcos vs.

R.6.A. as amended by R. That any media practitioner who is an official of a political party or a member of the campaign staff of a candidate or political party shall not use his/her time or space to favor any candidate or political party. Ballots . 9369 (Automated Election Law) J. No.A. 8436.R.A. Casting and counting of ballots . 9369 (Automated Election law) I.A. 9369 15 .R. Section 5. Presidential and Vice-Presidential Election . However. No movie. as amended by R. 8436.9369 K.A.A. Precincts/polling places . The campaign periods shall not include the day before and the day of the election.R. the campaign period shall be forty-five days. 9006 (The Fair Election Act) 6. Campaign propaganda . 7166 (Synchronization of National & Local Elections) F. Election returns . Election of Members of the Batasang Pambansa and Local Election .R. 8436. and 3. No.15 days.90 days. as amended by R. 8436.A.A. No movie.A. 8436.R. announcer. No.A. Watchers .A. in case of special elections under Article VIII. as amended by R.7. No. No. or shall take a leave of absence from his/her work as such during the campaign period: Provided. as amended by R. 8436. C. No.8. on-air correspondent or personality who is a candidate for any elective public office or is a campaign volunteer for or employed or retained in any capacity by any candidate or political party shall be deemed resigned. reporter. No. 6.A.The period of campaign shall be as follows: 1. 6. Subsection (2) of the Constitution.R. Board of Election Inspectors . D. No. Barangay Election . 9369 (Automated Election Law) H. No.R.A. 9369 (Automated Election Law) G. No. as amended by R. Contributions and expenditures . No. television station or any public forum during the campaign period. No. cinematograph or documentary portrayed by an actor or media personality who is himself a candidate shall likewise be publicly exhibited in a theater or any public forum during the campaign period.A. cinematograph or documentary portraying the life or biography of a candidate shall be publicly exhibited in a theater.45 days. No. commentator. Any mass media columnist. if so required by their employer. No. 2.

Art. as the evidence shall warrant in accordance with the succeeding sections. executory. Election contests i. or intimidation. if one has been made. Art. or involving elective barangay officials decided by trial courts of limited jurisdiction.The Commission shall have exclusive jurisdiction of all pre-proclamation controversies. Sec.A. coercion. 881. Sec. the results of which materially affected the standing of the aggrieved candidate or candidates. as the case may be.The following shall be proper issues that may be raised in a pre-proclamation controversy: (a) Illegal composition or proceedings of the board of canvassers. Commission's exclusive jurisdiction of all pre-proclamation controversies. returns. and city officials. Blg.A. Issues that may be raised in pre-proclamation controversy. contain material defects.P. and not appealable. Jurisdiction 16 . final orders. ----------(2) Exercise exclusive original jurisdiction over all contests relating to the elections. Jurisdiction . returns. and after due notice and hearing. as amended by R. The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election. Pre-proclamation controversies i. threats. and qualifications of their respective Members. 234. Jurisdiction . and (d) When substitute or fraudulent returns in controverted polling places were canvassed. (b) The canvassed election returns are incomplete. and qualifications of all elective regional. No. VI. Each Electoral Tribunal shall be composed of nine Members.L.R.B. 9369 M. and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction. or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Sections 233. N. IX-C. provincial. Section 243. three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice.1987 Constitution. . (c) The election returns were prepared under duress. order the partial or total suspension of the proclamation of any candidate-elect or annual partially or totally any proclamation. 8436. Sec. appear to be tampered with or falsified. The senior Justice in the Electoral Tribunal shall be its Chairman. who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. Canvass and proclamation . Election offenses i. 242 Section 242. Decisions. or they are obviously manufactured or not authentic. 17. . 2(2) Section 17. and the remaining six shall be Members of the Senate or the House of Representatives. or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final. It may motu proprio or upon written petition. 235 and 236 of this Code. No. O.

any of his subordinates or members or parishioners or employees or house helpers. or any officer of any public or private corporation or association. any subordinate member or affiliate. association.The following shall be guilty of an election offense: (a) Vote-buying and vote-selling. gives or promises any office or employment. (1) Any person who gives. separation. (2) Any person. suspension. parishioner. Art. superior. or any aspirant for the nomination or selection of candidates.1987 Constitution. or cause an expenditure to be made to any person. wage or compensation. transfer. campaign or vote for or against any candidate. overseer. directly or indirectly. 261. or lease holders to aid. punishes or threatens to punish be reducing his salary. or causing him annoyance in the performance of his job or in his membership. upon a verified complaint. corporation. (1) Any public officer. any expenditure or promise of any office or employment. Sec. Prohibited Acts. or any contingency connected with an election. employee or house helper. or by demotion. franchise or grant. tenant. farm helper. (c) Wagering upon result of election. or administrator of any religious organization. investigate and. farm helpers. or any employer or landowner who dismisses or threatens to dismiss. for disobeying or not complying with any of the acts ordered by the former to aid. whether candidates or not. Blg. tillers. or to vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection process of a political party. or community in order to induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election. offers or promises money or anything of value. (b) Conspiracy to bribe voters. 2(6) (6) File.B. or makes or offers to make an expenditure. Any money or thing of value or deposit of money or thing of value situated anywhere in the Philippines put as such bet or wager shall be forfeited to the government. petitions in court for inclusion or exclusion of voters.Any person who bets or wagers upon the outcome of.Two or more persons. campaign or vote for or against any candidate or any aspirant for the nomination or selection of candidates. or any employer or land-owner who coerces or intimidates or compels. overseers. agricultural. excommunication. and malpractices. . . ejectment. or any head. prosecute cases of violations of election laws. Secs. for any of the foregoing considerations. including acts or omissions constituting election frauds. tenants. IX-C. public or private. association. (2) Any public officer or any officer of any commercial. tiller. 17 . or any head. offenses. or in any manner influence. entity. corporation. or lease holder. group or community who solicits or receives. industrial. public or private.P. . 881. 262 Section 261. directly or indirectly. directly or indirectly. . economic or social enterprise or public or private corporation or association. (d) Coercion of subordinates. superior or administrator of any religious organization. who come to an agreement concerning the commission of any violation of paragraph (a) of this section and decide to commit it. where appropriate. or on its own initiative..

Any appointment or hiring in violation of this provision shall be null and void. temporary or casual. . intimidates or actually causes. his honor or property. and that the position shall not be filled in a manner that may influence the election. threatens. whether national or local. vote.It is unlawful for any person to promise any office or employment. inflicts or produces any violence. terrorism. campaign. a new employee may be appointed in case of urgent need: Provided. . promotion. or any police force. employee. or uses any fraudulent device or scheme to compel or induce the registration or refraining from registration of any voter. (2) Any government official who promotes. . That notice of the appointment shall be given to the Commission within three days from the date of the appointment. or giving salary increases. or the casting of any vote or omission to vote. . except upon prior authority of the Commission. terrorizes or coerces any election official or employee in the performance of his election functions or duties. or to make or offer to make an expenditure. or member or the Armed Forces of the Philippines. intimidation. if he is a peace officer.Any person who. directly or indirectly. whether provisional. who appoints or hires any new employee. (i) Intervention of public officers and employees. including government-owned or controlled corporations. home defense forces. association.Any officer or employee in the civil service. or creates and fills any new position. (j) Undue influence. directly or indirectly. loss or disadvantage upon any person or persons or that of the immediate members of his family.During the period of forty-five days before a regular election and thirty days before a special election. or to vote for or against any candidate in any election or any aspirant for the nomination or selection of an official candidate in a convention of a political party. it is satisfied that the position to be filled is essential to the proper functioning of the office or agency concerned. (f) Coercion of election officials and employees. intervenes in any election campaign or engages in any partisan political activity. within the election period except upon prior approval of the Commission. punishment. . The Commission shall not grant the authority sought unless. any officer. official or appointing officer of a government office. creation of new position. corporation or entity. As an exception to the foregoing provisions. barangay self-defense units and all other para-military units that now exist or which may hereafter be organized who. It is likewise 18 . which may induce anyone or the public in general either to vote or withhold his vote. agency or instrumentality. or gives any increase of salary or remuneration or privilege to any government official or employee. use of fraudulent device or other forms of coercion. directly or indirectly. (1) any head. (h) Transfer of officers and employees in the civil service. injury. intimidates. (g) Appointment of new employees. Any person who.Any public official who makes or causes any transfer or detail whatever of any officer or employee in the civil service including public school teachers. however. or omission therefrom. directly or indirectly. threatens.(e) Threats. public or private. or any promise of such registration. except to vote or to preserve public order. including those in government-owned or controlled corporations. except those holding political offices. special forces. damage. or to cause an expenditure to be made to any person. or the participation in a campaign or refraining or desistance from any campaign.

(2) any printing press. special agents. banks. sub-divisions. the provincial warden. any expenditure or promise or any office. directly or indirectly. uniforms. money deposited in trust. Detention prisoners must be categorized as such. nor a tenant be ejected from his landholdings for refusing or failing to vote for any candidate of his employer or landowner. directly or indirectly. or the provincial. persons previously appointed as special policemen. or employment. public or private.Any person who uses under any guise whatsoever. (m) Appointment or use of special policemen. apparatus. shall be restored to the aggrieved party upon application to the proper court.It is unlawful to solicit votes or undertake any propaganda on the day of registration before the board of election inspectors and on the day of election. confidential agents or persons performing similar functions who continue acting as such. . or by the Armed Forces of the Philippines. agencies or instrumentalities. vehicle. . for or against any candidate or any political party within the polling place and with a radius of thirty meters thereof. with such particulars as the Commission may require. or (3) any equipment. public financing institutions or by government offices. special agents. corporation or community.The Director of the Bureau of Prisons. equipment. or held in trust by. or by the Armed Forces of the Philippines for any election campaign or for any partisan political activity. The municipal or city warden. on the day before and on election day. association. confidential agents or persons performing similar functions in the employ of their respective political subdivisions. or tenants. . city or municipal jail to leave the premises thereof sixty days before and thirty days after the election. the barangay chairman. special agents.During the campaign period. and those who fail to turn over their firearms. (o) Use of public funds. provincial governor. (n) Illegal release of prisoners before and after election. confidential agents or the like. Any employee. radio. any provincial warden. the keeper of the jail or the person or persons required by law to keep prisoners in their custody who illegally orders or allows any prisoner detained in the national penitentiary. or paraphernalia owned by the government or by its political subdivisions. . the keeper of the jail or the person or persons required by law to keep prisoners in their custody shall post in three conspicuous public places a list of the prisoners or detention prisoners under their care. 19 . facilities owned or controlled by the government for an election campaign. municipal mayor. for any of the foregoing considerations. or television station or audio-visual equipment operated by the Government or by its divisions. laborers. agencies including government-owned or controlled corporations. . laborer or tenant so dismissed or ejected shall be reinstated and the salary or wage of the employee or laborer. At the start of the aforementioned period. including government-owned or controlled corporations.No employee or laborer shall be dismissed. city mayor. facility. (l) Prohibition against dismissal of employees.unlawful for any person. or any appointing authority shall submit to the Commission a complete list of all special policemen. or agencies. insignias and other badges of authority to the proper officer who issued the same. confidential agents or persons performing similar functions. (1) public funds or money deposited with. or the share of the harvest of the tenant. (k) Unlawful electioneering. any appointing authority who appoints or any person who utilizes the services of special policemen. special agents. to solicit or receive.

home defense forces. which authority it shall give only when necessary to assist it in maintaining free. in case of members of paramilitary units. or privately-owned or operated security. half trucks. machine guns and other similar high caliber firearms. This prohibition shall not apply to cashiers and disbursing officers while in the performance of their duties or to persons who by nature of their official duties. .Any person who.Any person who uses during the campaign period. (s) Wearing of uniforms and bearing arms. buildings or offices: Provided. including military type tanks. voting. turmoil.Any person who carries any deadly weapon in the polling place and within a radius of one hundred meters thereof during the days and hours fixed by law for the registration of voters in the polling place. whether new. That banking or financial institutions and all business firms may use not more than two armored vehicles strictly for. or other valuables. or disorder. or government-owned or controlled corporations. or when guarding the residence of private persons or when guarding private residences. The Commission shall decide all applications for authority under this paragraph within fifteen days from the date of the filing of such application. All personnel of the Armed Forces authorized by the President or the 20 . . offices. During the same period. provided with any temporary or permanent equipment or any other device or contraption for the mounting or installation of cannons. any member of security or police organization of government agencies. orderly and honest elections. further.(p) Deadly weapons. or preparation of the election returns. of any make or model. rebuilt or remodelled: Provided. carries any firearms outside his residence or place of business during the election period. gold bullion or other valuables in connection with their business from and to their place of business. or (2) the Commission authorizes him to do so. on the day before and on election day. That a motor vehicle. (q) Carrying firearms outside residence or place of business. special. and limited to. or bears arms outside the immediate vicinity of his place of work: Provided. barangay self-defense units and all other para-military units that now exist or which may hereafter be organized who wears his uniform or bears arms outside the camp. any armored land. in cases of affray. upon previous authority of the Commission. scout trucks. any peace officer or public officer authorized by the Commission to supervise the election is entitled to carry firearms or any other weapon for the purpose of preserving order and enforcing the law. water or air craft. counting of votes. armored trucks. water or air craft. That this prohibition shall not apply when said member is in pursuit of a person who has committed or is committing a crime in the premises he is guarding. deposits. profession. (r) Use of armored land. . water or air craft shall not be considered a residence or place of business or extension hereof. That in the last case prior written approval of the Commission shall be obtained. unless authorized in writing by the Commission: Provided. or when escorting or providing security for the transport of payrolls. the purpose of transporting cash. on the day before and on election day. unless (1) the President of the Philippines shall have given previous authority therefor. business or occupation habitually carry large sums of money or valuables. . decorations or regalia. protective or intelligence agencies. and only after notice and hearing. However. and ending thirty days thereafter any member of the Armed Forces of the Philippines. commissions. who wears his uniform or uses his insignia. investigative. although possessing a permit to carry firearms. reconditioned. and the Commission notified thereof in writing. garrison or barracks to which he is assigned or detailed or outside their homes. forces. bureaus. councils.During the campaign period.

During the campaign period. candidate or any other person. (v) Prohibition against release. or of any member or members of privately owned or operated security. however. bureaus. disburses or expends any public funds for: (1) Any and all kinds of public works. home defense forces.Commission to bear arms or wear their uniforms outside their camps and all police and peace officers shall bear their true name. protective or intelligence agencies performing identical or similar functions. the Commission is empowered to assign at the candidate's choice. or other similar forces. offices. (u) Organization or maintenance of reaction forces. strike forces. except the following: (a) Maintenance of existing and/or completed public works project: Provided. That not more than the average number of laborers or employees already employed therein during the six-month period immediately prior to the beginning of the forty-five day period before 21 . submit to the Commission a complete list of all members thereof with such particulars as the Commission may require. not later than fortyfive days before the election. it shall confiscate or order the confiscation of firearms of any member or members of the Armed Forces of the Philippines. (t) Policemen and provincial guards acting as bodyguards or security guards.Any public official or employee including barangay officials and those of government-owned or controlled corporations and their subsidiaries. . rank and serial number. or government-owned or controlled corporations and other subsidiaries. police forces. Any person who organizes or maintains a reaction force. and any of the latter who utilizes the services of the former as bodyguard or security guard: Provided. barangay selfdefense units and all other para-military units that now exist or which may hereafter be organized who acts as bodyguard or security guard of any public official. on the day before and on election day. . honest and peaceful elections in a specific area. any member of the Armed Forces of the Philippines. strike force or similar force during the election period. barangay self-defense units. councils. government ministries. orderly. any provincial or sub-provincial guard. special forces. if any. commissions. any member of the Philippine Constabulary or the police force of any municipality within the province to act as his bodyguard or security guard in a number to be determined by the Commission but not to exceed three per candidate: Provided. who. or any member or members of the security or police organization. or which may hereafter be organized. in letters and numbers of a clearly legible design at least two centimeters tall. disbursement or expenditure of public funds. home defense forces. the Commission may issue a temporary order allowing the assignment of any member of the Philippine Constabulary or the local police force to act as bodyguard or security guard of the candidate. which shall at all times remain visible and uncovered. during forty-five days before a regular election and thirty days before a special election. The heads of all reaction forces. stitched in block letters on a white background on the left breast of their uniform. releases. strike forces. That. any member of the city or municipal police force. whenever the Commission finds it necessary for the promotion of free. During the election period. or similar forces shall. instrumentalities. subject to confirmation or revocation. and all other para-military units that now exist. when the life and security of a candidate is in jeopardy. investigative. That when the circumstances require immediate action. after due notice and hearing.

Should a calamity or disaster occur. That the number of such laborers shall not be increased over the number hired when the project or projects were commenced. bills of materials. subject to the supervision of the Commission on Audit or its representatives. in the distribution of any relief or other goods to the victims of the calamity or disaster.election day shall be permitted to work during such time: Provided. and all incidental expenses for wages of watchmen and other laborers employed for such work in the central office and field storehouses before the beginning of such period: Provided. That work for the purpose of this section undertaken under the so-called "takay" or "paquiao" system shall not be considered as work by contract. or by negotiated contract awarded. directly or indirectly. and (d). further. (c). That no additional laborers shall be employed for maintenance work within the said period of forty-five days. and for such other expenses as the Commission may authorize after due notice and hearing. of this paragraph. but such work shall be limited to the restoration of the damaged facility. . and other procedures preparatory to actual construction including the purchase of materials and equipment.During the period of forty-five days preceding a regular election and thirty days before a special election. and for such other routine and normal expenses. except for salaries of personnel. and (3) The Ministry of Human Settlements and any other office in any other ministry of the government performing functions similar to said ministry. (w) Prohibition against construction of public works. and (d) Emergency work necessitated by the occurrence of a public calamity. (b). and administered and disbursed by. This prohibition shall not apply to ongoing public works projects commenced before the campaign period or similar projects under foreign agreements. any person who (a) undertakes the construction of any public works. except for salaries of personnel and for such other necessary administrative or other expenses as the Commission may authorize after due notice and hearing. specifications. No payment shall be made within five days before the date of election to laborers who have rendered services in projects or works except those falling under subparagraphs (a). and no candidate or his or her spouse or member of his family within the second civil degree of affinity or consanguinity shall participate. estimates. (c) Payment for the usual cost of preparation for working drawings. (2) The Ministry of Social Services and Development and any other office in other ministries of the government performing functions similar to said ministry. all releases normally or usually coursed through the said ministries and offices of other ministries shall be turned over to. before the forty-five day period before election: Provided. it shall be the duty of the government officials or agencies concerned to report to the Commission the list of all such projects being undertaken by them. the Philippine National Red Cross. (b) Work undertaken by contract through public bidding held. For purposes of this provision. delivery of materials for public works and issuance of treasury warrants and similar devices. except for projects or 22 .

(8) Any person who delays. any public official who suspends. or any person in charge of the registration of voters who deliberately or through negligence.The provisions of law to the contrary notwithstanding during the election period. inserts or otherwise includes. fails without justifiable excuse to register as a voter in an election. municipal or barangay officer. goods or other things of value chargeable against public funds. causes or allows the imprinting of blurred or indistinct fingerprints on any of the aforementioned registration forms. city. city. as approved application for registration in the book of voters or in the provincial or national 23 . being a registered voter. in which case the provisions of this section shall be inapplicable. or (b) issues. (5) Any person who. . (11) Any person who places.works exempted in the preceding paragraph. whether or not he actually succeeds in voting. without prior approval of the Commission. (y) On Registration of Voters: (1) Any person who. any elective provincial. (2) Any person who knowingly makes any false or untruthful statement relative to any of the data or information required in the application for registration. (4) Any member of the board of election inspectors who approves any application which on its face shows that the applicant does not possess all the qualifications prescribed by law for a voter. (3) Any person who deliberately imprints or causes the imprinting of blurred or indistinct fingerprints on any of the copies of the application for registration or on the voter's affidavit. hinders or obstruct another from registering. (6) Any person who registers in substitution for another whether with or without the latter's knowledge or consent. (x) Suspension of elective provincial. plebiscite or referendum in which he is qualified to vote. uses or avails of treasury warrants or any device undertaking future delivery of money. or who disapproves any application which on its face shows that the applicant possesses all such qualifications. (10) Any person who uses the voter's affidavit of another for the purpose of voting. registers anew without filing an application for cancellation of his previous registration. unless said suspension will be for purposes of applying the "Anti-Graft and Corrupt Practices Act" in relation to the suspension and removal of elective officials. (9) Any person who falsely certifies or identifies another as a bona fide resident of a particular place or locality for the purpose of securing the latter's registration as a voter. or any person who tampers with the fingerprints in said registration records. municipal or barangay officer. (7) Any person who tampers with or changes without authority any data or entry in any voter's application for registration. having all the qualifications and none of the disqualifications of a voter.

or removes from. (12) Any person who transfers or causes the transfer of the registration record of a voter to the book of voters of another polling place. or of a competent court or after proper cancellation as provided in Sections 122. tampers or transfers to another list the name of a registered voter from the official list of voters posted outside the polling place.central files of registered voters. 123. 124 and 125 hereof. removes or destroys any certified list of voters. votes in an election. takes. by giving or causing the giving of money or other benefit or making or causing the making of a promise thereof. carries or possesses any blank or unused registration form already issued to a city or municipality outside of said city or municipality except as otherwise provided in this Code or when directed by express order of the court or of the Commission. demanding. (14) Any person who delivers. with or without the latter's knowledge and/or consent. or any person who prepares the ballot of another who is not illiterate or physically disabled. (z) On voting: (1) Any person who fails to cast his vote without justifiable excuse. not being illiterate or physically disabled. (13) Any person who asks. hands over. demands. defaces. (3) Any person who votes in substitution for another whether with or without the latter's knowledge and/or consent. (4) Any person who. accepting. or takes or accepts such voter's affidavit directly or indirectly. or otherwise takes out of the book of voters or the provincial or national central files of registered voters any duly approved voter's application. or to vote for or against any candidate in an election or any issue in a plebiscite or referendum. or who. taking. (17) Any person who maliciously omits. (2) Any person who votes more than once in the same election. (16) Any person who takes. accepts or possesses. or possessing is with such intent if done within the period beginning ten days before election day and ending ten days after election day. 24 . directly or indirectly his voter's affidavit to another in consideration of money or other benefit or promises thereof. entrusts. allows his ballot to be prepared by another. unless the voter's affidavit of another and the latter are both members of the same family. (15) Any person who alters in any manner. the voter's affidavit of another. gives. not being a registered voter. except upon lawful order of the Commission. unless said transfer was due to a change of address of the voter and the voter was duly notified of his new polling place. in order to induce the latter to withhold his vote. the application of any fictitious voter or any application that has not been approved. directly or indirectly. It shall be presumed prima facie that the asking. tears.

election returns or other prescribed form who deliberately fails to record a vote therein or records erroneously the votes as read. for the purpose of disrupting or obstructing the election process or causing confusion among the voters. 25 . destroys. or takes away said ballot box from his custody. without legal authority. or records a vote where no such vote has been read by the chairman. (13) Any person having legal custody of the ballot box containing the official ballots used in the election who opens or destroys said box or removes or destroys its contents without or against the order of the Commission or who. any election form or document or ballot box which contains official ballots or other documents used in the election. (6) Any voter who. propagates false and alarming reports or information or transmits or circulates false orders. uses a ballot other than the one given by the board of election inspectors or has in his possession more than one official ballot. (9) Any member of the board of election inspectors charged with the duty of tallying the votes in the tally board or sheet. or molests him in such a manner as to obstruct or prevent him from going to the polling place to cast his vote or from returning home after casting his vote. or to compel him to reveal how he voted. the transfer of polling place or the general conduct of the election. the postponement of the election. (7) Any person who places under arrest or detains a voter without lawful cause. substitutes or takes away from the possession of those having legal custody thereof. (8) Any member of the board of election inspectors charged with the duty of reading the ballot during the counting of votes who deliberately omits to read the vote duly written on the ballot. through his negligence. in the course of voting. (14) Any member of the board of election inspectors who knowingly uses ballots other than the official ballots. (10) Any member of a board of election inspectors who has made possible the casting of more votes than there are registered voters. enables any person to commit any of the aforementioned acts. (15) Any public official who neglects or fails to properly preserve or account for any ballot box. (11) Any person who. except in those cases where the use of emergency ballots is authorized. documents and forms received by him and kept under his custody. or misreads the vote actually written thereon or reads the name of a candidate where no name is written on the ballot. (12) Any person who.(5) Any person who avails himself of any means of scheme to discover the contents of the ballot of a voter who is preparing or casting his vote or who has just voted. directives or messages regarding any matter relating to the printing of official ballots. or from the place where they are legally deposited.

(3) Any member of the board of canvassers who proceeds with the canvass of votes and/or proclamation of any candidate in the absence of quorum. violates the integrity of any official ballot or election returns before or after they are used in the election. transfers the location of a polling place. delivers. (24) Any person who deliberately blurs his fingerprint in the voting record. (21) Any person who. and/or other members of the board. (22) Any person who removes. without authority. electro-type printing plates and any other plate. without authority. political parties. used or carried out. means or device. (2) Any member of the board of canvassers who proceeds with the canvass of the votes and/or proclamation of any candidate which was suspended or annulled by the Commission. (19) Any person who. numbering machines and other printing paraphernalia being used in connection with the printing of official ballots or election returns. without authority. time and place of the meeting of said board to the candidates. any official ballot or election returns or printed proof thereof. whether or not they are actually used. or in any manner disposes of or causes to be distributed. through any act. (17) Any person who. 26 . type-form mould. or without giving due notice of the date. (18) Any person who. any official ballot or election returns to any person or persons not authorized by law or by the Commission to receive or keep official ballots or election returns or who sends or causes them to be sent to any place not designated by law or by the Commission. tears. political parties and/or members of the board. delivered. or disposed of. (20) Any official or employee of any printing establishment or of the Commission or any member of the committee in charge of the printing of official ballots or election returns who causes official ballots or election returns to be printed in quantities exceeding those authorized by the Commission or who distributes. keeps. prints or causes the printing of any ballot or election returns that appears as official ballots or election returns or who distributes or causes the same to be distributed for use in the election. uses or carries out or causes to be kept. or stops any election being legally held. time and place of the meeting of the board to the candidates. defaces or destroys any certified list of candidates posted inside the voting booths during the hours of voting. (aa) On Canvassing: (1) Any chairman of the board of canvassers who fails to give due notice of the date. (23) Any person who holds or causes the holding of an election on any other day than that fixed by law or by the Commission.(16) Any person who reveals the contents of the ballot of an illiterate or disabled voter whom he assisted in preparing a ballot.

(4) Any person who. (4) Any person who. (2) Any person who abstracts. accepts an appointment to said body. or any of public officer or any person acting in his behalf who appoints such ineligible person knowing him to be ineligible. receives any certificate of candidacy outside the period for filing the same and makes it appear that said certificate of candidacy was filed on time. assumes office. by means of fraud. intimidation. jams. in the presence or within the hearing of any board of election inspectors or board of canvassers during any of its meetings. uses in the canvass of votes and/or proclamation of any candidate any document other than the official copy of the election returns. refuses to sign and certify any election form required by this Code or prescribed by the Commission although he was present during the meeting of the said body. conducts himself in such a disorderly manner as to interrupt or disrupt the work or proceedings to the end of preventing said body from performing its functions. and actually serves as a member thereof.(4) Any member of the board of canvassers who. being ineligible for appointment as member of any board of election inspectors or board of canvassers. (5) Any public official or person acting in his behalf who relieves any member of any board of election inspectors or board of canvassers or who changes or causes the change of the assignments of any member of said board of election inspectors or board of canvassers without authority of the Commission. being authorized to receive certificates of candidacy. or any person who. (cc) On candidacy and campaign: (1) Any political party which holds political conventions or meetings to nominate its official candidates earlier that the period fixed in this Code. either partly or totally. 27 . (3) Any person who. without authority of the Commission. terrorism or coercion. by any device or means. threat. (bb) Common to all boards of election inspectors and boards of canvassers: (1) Any member of any board of election inspectors or board of canvassers who deliberately absents himself from the meetings of said body for the purpose of obstructing or delaying the performance of its duties or functions. (5) Any person who. (3) Any person who misleads the board of election inspectors by submitting any false or spurious certificate of candidacy or document to the prejudice of a candidate. without justifiable reason. (2) Any member of any board of election inspectors or board of canvassers who. obstructs or interferes with a radio or television broadcast of any lawful political program. destroys or cancels any certificate of candidacy duly filed and which has not been cancelled upon order of the Commission. causes or compels the commission of said act.

184. offers. 231. 85. for or against any candidate or any political party within the polling place or within a radius of thirty meters thereof. 185. Official ballots. 235. 217. 81. 194. (dd) Other prohibitions: (1) Any person who sells. 216. 103. 230. 75. horse races. and 28 . 101. or for any other purposes. 180. whether or not said acts affect the electoral process or results: 1. 191. merchandise or refreshments. 100. 233. 135. 229. 132. 95. That hotels and other establishments duly certified by the Ministry of Tourism as tourist oriented and habitually in the business of catering to foreign tourists may be exempted for justifiable reasons upon prior authority of the Commission: Provided. 104. booths or stalls of any kind for the sale. 29 Sec.(6) Any person who solicits votes or undertakes any propaganda. 218. 207. 18. 204. jai-alai or any other similar sports. furnishes. serves or takes intoxicating liquor on the days fixed by law for the registration of voters in the polling place. 127. the following acts shall be penalized as election offenses. coalition or aggroupment of parties or any candidate in the sale of air time. 208. 83. 111. 128. tampering with. 182. 123. 214. 88. (2) Any person who opens in any polling place or within a radius of thirty meters thereof on election day and during the counting of votes. In addition to the penalty prescribed herein. (3) Any person who holds on election day. 172. 213. Other election offenses. 89. and certificates of canvass of votes used in the System. 105. 82. 106 107. 178. 173. election returns. 209. cockfights. 196. 220. 211. fairs. 206. boxing. dispensing or display of wares. That foreign tourists taking intoxicating liquor in said authorized hotels or establishments are exempted from the provisions of this subparagraph. 881. Election offenses. on the day of election. 190. such refusal shall constitute a ground for cancellation or revocation of certificate of public convenience or franchise. 212. Utilizing without authorization. 76. No. . of the following sections of this Code shall constitute election offenses: Sections 9. or on the day before the election or on election day: Provided. 74. . 203. 205. (5) Prohibition against discrimination in the sale of air time. 98. 129. 236. 219. 145. . 84. 97. (4) Refusal to carry election mail matter. 108. 223. 96.In addition to those enumerated in Sections 261 and 262 of Batas Pambansa Blg. 148. In addition to the penalty prescribed herein. Sec. 134. 87. 122. 189. 174. - R. 80. 197. 192. 102. buys. 150. whether solid or liquid. 234. 29. as amended. 86. 110. further. 8436 (The Automated Election Law). 99. 195. 202. destroying or stealing: 1. Section 262. 109. 210. .Violation of the provisions. including government-owned or controlled postal service or its employees or deputized agents who refuse to carry official election mail matters free of charge during the election period. 186.Any person who operates a radio or television station who without justifiable cause discriminates against any political party. such refusal shall constitute a ground for cancellation or revocation of the franchise. 152.A. 112. or pertinent portions. 215.Any operator or employee of a public utility or transportation company operating under a certificate of public convenience. 198. 239 and 240.

No. 2009 . This clearly means that before the start of the campaign period.Aldovino. Commission on Elections. Interfering with. shall be considered ipso facto resigned from his/her office and must vacate the same at the start of the day of the filing of his/her certificate of candidacy. "For this purpose. G. finally. program. 523 SCRA 41 . Commission on Elections. storage. and 3. generation and transmission of election results. and officers and employees in government-owned or -controlled corporations. Term Limit . Jan. such election offenses cannot be so committed. G. including active members of the armed forces. or any computer-related devices. 23. preventing the installation or use of computer counting devices and the processing.Dizon vs. 2009 The Decision reverses Lanot v. the Commission shall set the deadline for the filing of certificate of candidacy/petition of registration/manifestation to participate in the election. Jr.R.R. hardware or equipment.Penera v. Dec. whether classified or declassified. absconding for purpose of gain. network. 2009 29 . Gaining or causing access to using. Electronic devices or their components. 30. Any person who files his certificate of candidacy within this period shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy: Provided. No. memory pack receiver and computer set. which held that a person who files a certificate of candidacy is not a candidate until the start of the campaign period. system software. vs. impeding. Commission on Elections. 181613. 2. altering. Nov. data or information. COMELEC. Comelec. 25. facilities. 577 SCRA 589.2. Thus. destroying or disclosing any computer data. unlawful acts or omissions applicable to a candidate shall take effect only upon the start of the aforesaid campaign period: Provided. 184836. That any person holding a public appointive office or position. Congress not only reiterated but also strengthened its mandatory directive that election offenses can be committed by a candidate “only” upon the start of the campaign period. That. memory pack/diskette. peripherals or supplies used in the System such as counting machine.Rivera III vs. .