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Republic Act No.

6955
June 13, 1990
AN ACT TO DECLARE UNLAWFUL THE PRACTICE OF MATCHING FILIPINO WOMEN FOR MARRIAGE TO FOREIGN NATIONALS ON A
MAIL ORDER BASIS AND OTHER SIMILAR PRACTICES, INCLUDING THE ADVERTISEMENT, PUBLICATION, PRINTING OR
DISTRIBUTION OF BROCHURES, FLIERS AND OTHER PROPAGANDA MATERIALS IN FURTHERANCE THEREOF AND PROVIDING
PENALTY THEREFORE
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. It is the policy of the State to ensure and guarantee the enjoyment of the people of a decent standard of living. Towards this end,
the State shall take measures to protect Filipino women from being exploited in utter disregard of human dignity in their pursuit of economic
upliftment.
Section 2. Pursuant thereto, it is hereby declared unlawful:
(a) For a person, natural or juridical, association, club or any other entity to commit, directly or indirectly, any of the following acts:
(1) To establish or carry on a business which has for its purpose the matching of Filipino women for marriage to foreign nationals either on a
mail-order basis or through personal introduction;
(2) To advertise, publish, print or distribute or cause the advertisement, publication, printing or distribution of any brochure, flier, or any
propaganda material calculated to promote the prohibited acts in the preceding subparagraph;
(3) To solicit, enlist or in any manner attract or induce any Filipino woman to become a member in any club or association whose objective is to
match women for marriage to foreign nationals either on a mail-order basis or through personal introduction for a fee;
(4) To use the postal service to promote the prohibited acts in subparagraph 1 hereof.1awphi1alf
(b) For the manager or officer-in-charge or advertising manager of any newspaper, magazine, television or radio station, or other media, or of
an advertising agency, printing company or other similar entities, to knowingly allow, or consent to, the acts prohibited in the preceding
paragraph.
Section 3. In case of violation of this Act by an association, club, partnership, corporation, or any other entity, the incumbent officers thereof
who have knowingly participated in the violation of this Act shall be held liable.1awphila1f
Section 4. Any person found guilty by the court to have violated any of the acts herein prohibited shall suffer an imprisonment of not less
than six (6) years and one (1) day but not more than eight (8) years, and a fine of not less than Eight thousand pesos (P8,000) but not more
than Twenty thousand pesos (P20,000): Provided, That if the offender is a foreigner, he shall be immediately deported and barred forever from
entering the country after serving his sentence and payment of fine.
Section 5. Nothing in this Act shall be interpreted as a restriction on the freedom of speech and of association for purposes not contrary to
law as guaranteed by the Constitution.
Section 6. All laws, decrees, orders, instructions, rules and regulations, or parts thereof inconsistent with this Act are hereby repealed or
modified accordingly.
Section 7. This Act shall take effect upon its publication for two (2) consecutive weeks in a newspaper of general circulation.
Approved: June 13, 1990
REPUBLIC ACT NO. 10054
AN ACT MANDATING ALL MOTORCYCLE RIDERS TO WEAR STANDARD PROTECTIVE MOTORCYCLE HELMETS WHILE DRIVING AND
PROVIDING PENALTIES THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Motorcycle Helmet Act of 2009".
Section 2. Declaration of Policy. - It is hereby declared the policy of the State to secure and safeguard its citizenry, particularly the operators
or drivers of motorcycles and their passengers, from the ruinous and extremely injurious effects of fatal or life threatening accidents and
crashes. Towards this end, it shall pursue a more proactive and preventive approach to secure the safety of motorists, their passengers and
pedestrians at all times through the mandatory enforcement of the use of standard protective motorcycle helmet.
Section 3. Mandatory Use of Motorcycle Helmets. - All motorcycle riders, including drivers and back riders, shall at all times wear standard
protective motorcycle helmets while driving, whether long or short drives, in any type of road and highway.
Standard protective motorcycle helmets are appropriate types of helmets for motorcycle riders that comply with the specifications issued by
the Department of Trade and Industry (DTI).
The DTI shall issue guidelines, which should include the specifications regarding standard protective motorcycle helmets.
Section 4. Exemption. - Drivers of tricycles shall be exempted from complying with the mandatory wearing of motorcycle helmets as provided
in this Act.
Section 5. Provision of Motorcycle Helmets. - A new motorcycle helmet which bears the Philippine Standard (PS) mark or Import Commodity
Clearance (ICC) of the Bureau of Product Standards (BPS) and complies with the standards set by the BPS shall be made available by every
seller and/or dealer every time a new motorcycle unit is purchased and which the purchaser may buy at bis option. Failure to comply with the
requirements provided under this section shall constitute a violation of this Act.
Section 6. Implementation. - The Department of Transportation and Communications (DOTC), with its attached agency, the Land
Transportation Office (LTO), is mandated by this Act to issue guidelines necessary to implement the provisions of this Act.
The DTI, through the BPS, is mandated to utilize the United Nations Economic Commission for Europe (UNECE) Protocols with regard to the
standards that will be applicable to the approval or disapproval of motorcycle helmets that will be sold in the Philippines.
The DTI, through the BPS, shall conduct a mandatory testing of all manufactured and imported motorcycle helmets in the Philippines. All
manufacturers and importers of standard protective motorcycle helmets are required to secure a PS license or ICC prior to the sale and
distribution of their products. The BPS shall issue periodically a list of motorcycle helmet manufacturers and importers and the brands which
pass the standards of the BPS to be published in a newspaper of general circulation or in its website.
Upon the effectivity of this Act, only those standard protective motorcycle helmets bearing the PS or ICC mark shall be sold in the market.
Section 7. Penalties. - (a) Any person caught not wearing the standard protective motorcycle helmet in violation of this Act shall be punished
with a fine of One thousand five hundred pesos (Php1,500.00) for the first offense; Three thousand pesos (Php3,000.00) for the second
offense; Five thousand pesos (Php5,000.00) for the third offense; and Ten thousand pesos (Php10,000.00) plus confiscation of the driver's
license for the fourth and succeeding offenses.
(b) Any seller and/or dealer who violates Section 5 of this Act shall be punished with a fine of not lees than Ten thousand pesos (Php10,000.00)
but not more than Twenty thousand pesos (Php20,000.00).
(c) Any person who uses, sells and distributes substandard motorcycle helmets or those which do not bear the PS mark or the ICC certificate
shall be punished with a fine of not less than Three thousand pesos (Php3,000.00) for the first offense; and Five thousand pesos (Php5,000.00)
for the second offense, without prejudice to other penalties imposed in Republic Act No. 7394 or the "Consumer Act of the Philippines".

(d) Tampering, alteration, forgery and imitation of the PS mark and the ICC certificates in the helmets shall be punished with a fine of not less
than Ten thousand pesos (Php10,000.00) but not more than Twenty thousand pesos (Php20,000.00), without prejudice to other penalties
imposed in Republic Act No. 7394 or the "Consumer Act of the Philippines".
Section 8. Nationwide Public Information Campaign. - The LTO, in coordination with the Philippine Information Agency (PIA), the Department
of Education (DepED) and private agencies and organizations, shall undertake a nationwide information, education and communication (IEC)
campaign for a period of six (6) months for the attainment of the objective s of this Act.
Section 9. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional, the remainder of this Act or the provisions
not otherwise affected shall remain valid and subsisting.
Section 10. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts thereof inconsistent with this Act are hereby repealed
or modified accordingly.
Section 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general
circulation.
Approved: MAR 23 2010
REPUBLIC ACT 9003 January 26, 2001
AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE MANAGEMENT PROGRAM, CREATING THE NECESSARY INSTITUTIONAL
MECHANISMS AND INCENTIVES, DECLARING CERTAIN ACTS PROHIBITED AND PROVIDING PENALTIES, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:
CHAPTER I
BASIC POLICIES
Article 1
General Provisions
Section 1. Short Title - This Act shall be known as the "Ecological Solid Waste Management Act of 2000."
Section 2. Declaration of Policies - It is hereby declared the policy of the State to adopt a systematic, comprehensive and ecological solid
waste management program which shall:
(a) Ensure the protection of the public health and environment;
(b) Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resource conservation and
recovery;
(c) Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste minimization measures,
including composting, recycling, re-use, recovery, green charcoal process, and others, before collection, treatment and disposal in appropriate
and environmentally sound solid waste management facilities in accordance with ecologically sustainable development principles;
(d) Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste through the formulation and adoption
of the best environmental practice in ecological waste management excluding incineration;
(e) Promote national research and development programs for improved solid waste management and resource conservation techniques, more
effective institutional arrangement and indigenous and improved methods of waste reduction, collection, separation and recovery;
(f) Encourage greater private sector participation in solid waste management;

(g) Retain primary enforcement and responsibility of solid waste management with local government units while establishing a cooperative
effort among the national government, other local government units, non- government organizations, and the private sector;
(h) Encourage cooperation and self-regulation among waste generators through the application of market-based instruments;
(i) Institutionalize public participation in the development and implementation of national and local integrated, comprehensive, and ecological
waste management programs; and
(j) Strength the integration of ecological solid waste management and resource conservation and recovery topics into the academic curricula
of formal and non-formal education in order to promote environmental awareness and action among the citizenry.
Article 2
Definition of Terms
Section 3. Definition of Terms - For the purposes of this Act:
(a) Agricultural waste shall refer to waste generated from planting or harvesting of crops, trimming or pruning of plants and wastes or run-off
materials from farms or fields;
(b) Bulky wastes shall refer to waste materials which cannot be appropriately placed in separate containers because of either its bulky size,
shape or other physical attributes. These include large worn-out or broken household, commercial, and industrial items such as furniture,
lamps, bookcases, filing cabinets, and other similar items;
(c) Bureau shall refer to the Environmental Management Bureau;
(d) Buy-back center shall refer to a recycling center that purchases of otherwise accepts recyclable materials from the public for the purpose
of recycling such materials;
(e) Collection shall refer to the act of removing solid waste from the source or from a communal storage point;
(f) Composting shall refer to the controlled decomposition of organic matter by micro-organisms, mainly bacteria and fungi, into a humus-like
product;
(g) Consumer electronics shall refer to special waste that includes worn-out, broken, and other discarded items such as radios, stereos, and TV
sets;
(h) Controlled dump shall refer to a disposal site at which solid waste is deposited in accordance with the minimum prescribed standards of
site operation;
(i) Department shall refer to the Department of Environment and Natural Resources;
(j) Disposal shall refer to the discharge, deposit, dumping, spilling, leaking or placing of any solid waste into or in an land;
(k) Disposal site shall refer to a site where solid waste is finally discharged and deposited;
(l) Ecological solid waste management shall refer to the systematic administration of activities which provide for segregation at source,
segregated transportation, storage, transfer, processing, treatment, and disposal of solid waste and all other waste management activities
which do not harm the environment;
(m) Environmentally acceptable shall refer to the quality of being re-usable, biodegradable or compostable, recyclable and not toxic or
hazardous to the environment;
(n) Generation shall refer to the act or process of producing solid waste;
(o) Generator shall refer to a person, natural or juridical, who last uses a material and makes it available for disposal or recycling;

(p) Hazardous waste shall refer to solid waste management or combination of solid waste which because of its quantity, concentration or
physical, chemical or infectious characteristics may:
(1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or
(2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or
disposed of, or otherwise managed;
(q) Leachate shall refer to the liquid produced when waste undergo decomposition, and when water percolate through solid waste undergoing
decomposition. It is contaminated liquid that contains dissolved and suspended materials;
(r) Materials recovery facility - includes a solid waste transfer station or sorting station, drop-off center, a composting facility, and a recycling
facility;
(s) Municipal waste shall refer to wastes produced from activities within local government units which include a combination of domestic,
commercial, institutional and industrial wastes and street litters;
(t) Open dump shall refer to a disposal area wherein the solid wastes are indiscriminately thrown or disposed of without due planning and
consideration for environmental and Health standards;
(u) Opportunity to recycle shall refer to the act of providing a place for collecting source-separated recyclable material, located either at a
disposal site or at another location more convenient to the population being served, and collection at least once a month of source-separated
recyclable material from collection service customers and to providing a public education and promotion program that gives notice to each
person of the opportunity to recycle and encourage source separation of recyclable material;
(v) Person(s) shall refer to any being, natural or judicial, susceptible of rights and obligations, or of being the subject of legal relations;
(w) Post-consumer material shall refer only to those materials or products generated by a business or consumer which have served their
intended end use, and which have been separated or diverted from solid waste for the purpose of being collected, processed and used as a
raw material in the manufacturing of recycled product, excluding materials and by-products generated from, and by-products generated from,
and commonly used within an original manufacturing process, such as mill scrap;
(x) Receptacles shall refer to individual containers used for the source separation and the collection of recyclable materials;
(y) Recovered material shall refer to material and by products that have been recovered or diverted from solid waste for the purpose of being
collected, processed and used as a raw material in the manufacture of a recycled product;
(z) Recyclable material shall refer to any waste material retrieved from the waste stream and free from contamination that can still be
converted into suitable beneficial use or for other purposes, including, but not limited to, newspaper, ferrous scrap metal, non-ferrous scrap
metal, used oil, corrugated cardboard, aluminum, glass, office paper, tin cans and other materials as may be determined by the Commission;
(aa) Recycled material shall refer to post-consumer material that has been recycled and returned to the economy;
(bb) Recycling shall refer to the treating of used or waste materials through a process of making them suitable for beneficial use and for other
purposes, and includes any process by which solid waste materials are transformed into new products in such a manner that the original
product may lose their identity, and which maybe used as raw materials for the production of other goods or services: Provided, That the
collection, segregation and re-use of previously used packaging material shall be deemed recycling under this Act;
(cc) Resource conversation shall refer to the reduction of the amount of solid waste that are generated or the reduction of overall resource
consumption, and utilization of recovered resources;

(dd) Resources recovery shall refer to the collection, extraction or recovery of recyclable materials from the waste stream for the purpose of
recycling, generating energy or producing a product suitable for beneficial use: Provided, That such resource recovery facilities exclude
incineration;
(ee) Re-use shall refer to the process of recovering materials intended for the same or different purpose without the alteration of physical and
chemical characteristics;
(ff) Sanitary landfill shall refer to a waste disposal site designed, constructed, operated and maintained in a manner that exerts engineering
control over significant potential environment impacts arising from the development and operation of the facility;
(gg) Schedule of Compliance shall refer to an enforceable sequence of actions or operations to be accomplished within a stipulated time frame
leading to compliance with a limitation, prohibition or standard set forth in this Act or any rule of regulation issued pursuant thereto;
(hh) Secretary landfill shall refer to the Secretary of the Department of Environment and Natural Resources;
(ii) Segregation shall refer to a solid waste management practice of separating different materials found in solid waste in order to promote
recycling and re-use of resources and to reduce the volume of waste for collection and disposal;
(jj) Segregation at source shall refer to a solid waste management practice of separating, at the point of origin, different materials found in
solid waste in order to promote recycling and re-use of resources and to reduce the volume of waste for collection and disposal;
(kk) Solid waste shall refer to all discarded household, commercial waste, non-hazardous institutional and industrial waste, street sweepings,
construction debris, agricultural waste, and other non-hazardous/non-toxic solid waste.
Unless specifically noted otherwise, the term "solid waste" as used in this Act shall not include:
(1) Waste identified or listed as hazardous waste of a solid, liquid, contained gaseous or semisolid form which may cause or contribute to an
increase in mortality or in serious or incapacitating reversible illness, or acute/chronic effect on the health of persons and other organisms;
(2) Infectious waste from hospitals such as equipment, instruments, utensils, and fomites of a disposable nature from patients who are
suspected to have or have been diagnosed as having communicable diseases and must therefore be isolated as required by public health
agencies, laboratory wastes such as pathological specimens (i.e. all tissues, specimens of blood elements, excreta, and secretions obtained
from patients or laboratory animals) and disposable fomites that may harbor or transmit pathogenic organisms, and surgical operating room
pathologic materials from outpatient areas and emergency rooms; and
(3) Waste resulting from mining activities, including contaminated soil and debris.
(ll) Solid waste management shall refer to the discipline associated with the control of generation, storage, collection, transfer and transport,
processing, and disposal of solid wastes in a manner that is in accord with the best principles of public health, economics, engineering,
conservation, aesthetics, and other environmental considerations, and that is also responsive to public attitudes;
(mm) Solid waste management facility shall refer to any resource recovery system or component thereof; any system, program, or facility for
resource conservation; any facility for the collection, source separation, storage, transportation, transfer, processing, treatment, or disposal of
solid waste;
(nn) Source reduction shall refer to the reduction of solid waste before it enters the solid waste stream by methods such as product design,
materials substitution, materials re-use and packaging restrictions;
(oo) Source separation shall refer to the sorting of solid waste into some or all of its component parts at the point of generation;
(pp) Special wastes shall refer to household hazardous wastes such as paints, thinners, household batteries, lead-acid batteries, spray
canisters and the like. These include wastes from residential and commercial sources that comprise of bulky wastes, consumer electronics,

white goods, yard wastes that are collected separately, batteries, oil, and tires. These wastes are usually handled separately from other
residential and commercial wastes;
(qq) Storage shall refer to the interim containment of solid wastes after generation and prior to collection for ultimate recovery or disposal;
(rr) Transfer stations shall refer to those facilities utilized to receive solid wastes, temporarily store, separate, convert, or otherwise process the
materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport. This term does not include
any of the following:
(1) a facility whose principal function is to receive, store, separate, convert or otherwise process in accordance with national minimum
standards, manure;
(2) a facility, whose principal function is to receive, store, convert, or otherwise process wastes which have already been separated for re-use
and are intended for disposals, and
(3) the operations premises of a duly licensed solid waste handling operator who is receives, stores, transfers, or otherwise processes wastes
as an activity incidental to the conduct of a refuse collection and disposal business.
(ss) Waste diversion shall refer to activities which reduce or eliminate the amount of solid waste from waste disposal facilities;
(tt) White goods shall refer to large worn-out or broken household, commercial, and industrial appliances such as stoves, refrigerators,
dishwashers, and clothes washers and dryers collected separately. White goods ate usually dismantled for the recovery of specific materials
(e.g., copper, aluminum, etc.);
(uu) Yard waste shall refer to wood, small or chipped branches, leaves, grass clippings, garden debris, vegetable residue that is recognized as
part of a plant or vegetable and other materials identified by the Commission.
CHAPTER II
INSTITUTIONAL MECHANISM
Section 4. National Solid Waste Management Commission - There is hereby established a National Solid Waste Management Commission,
hereinafter referred to as the Commission, under the Office of the President. The Commissioner shall be composed of fourteen (14) members
from the government sector and three members from the private sector. The government sector shall be represented by the heads of the
following agencies in their ex officio capacity:
(1) Department of Environment and Natural Resources (DENR);
(2) Department of the Interior and Local Government (DILG);
(3) Department of Science and Technology (DOST);
(4) Department of Public Works and Highways (DPWH);
(5) Department of Health (DOH);
(6) Department of Trade and Industry (DTI);
(7) Department of Agriculture (DA);
(8) Metro Manila Development Authority (MMDA);
(9) League of provincial governors;
(10) League of city mayors;
(11) League of municipal mayors;
(12) Association of barangay councils;

(13) Technical Education and Skills Development Authority (TESDA); and


(14) Philippine Information Agency.
The private sector shall be represented by the following:
(a) A representative from nongovernment organizations (NGOs) whose principal purpose is to promote recycling and the protection of air and
water quality;
(b) A representative from the recycling industry; and
(c) A representative from the manufacturing or packaging industry;
The Commission may, from time to time, call on any other concerned agencies or sectors as it may deem necessary.
Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall be nominated through a process
designed by themselves and shall be appointed by the President for a term of three (3) years.
Provided, further, That the Secretaries of the member agencies of the Commission shall formulate action plans for their respective agencies to
complement the National Solid Waste Management Framework.
The Department Secretary and a private sector representative of the Commission shall serve as chairman and vice chairman, respectively. The
private sector representatives of the Commission shall be appointed on the basis of their integrity, high decree of professionalism and having
distinguished themselves in environmental and resource management. The members of the Commission shall serve and continue to hold
office until their successors shall have been appointed and qualified. Should a member of the Commission fail to complete his/her term, the
unexpired portion of the term. Finally, the members shall be entitled to reasonable traveling expenses and honoraria.
The Department, through the Environmental Management Bureau, shall provide secretariat support to the Commission. The Secretariat shall
be headed by an executive director who shall be nominated by the members of the Commission and appointed by the chairman.
Section 5. Powers and Functions of the Commission - The Commission shall oversee the implementation of solid waste management plans
and prescribe policies to achieve the objectives of this Act. The Commission shall undertake the following activities.
(a) Prepare the national solid waste management framework;
(b) Approve local solid waste management plans in accordance with its rules and regulations;
(c) Review and monitor the implementation of local solid waste management plans;
(d) Coordinate the operation of local solid waste management boards in the provincial and city/municipal levels;
(e) To the maximum extent feasible, utilizing existing resources, assist provincial, city and municipal solid waste management plans;
(f) Develop a model provincial, city and municipal solid waste management plan that will establish prototypes of the content and format which
provinces, cities and municipalities may use in meeting the requirements of the National Solid Waste Management Framework;
(g) Adopt a program to provide technical and other capability building assistance and support to local government units in the development
and implementation of source reduction programs;
(h) Develop and implement a program to assist local government units in the identification of markets for materials that are diverted from
disposal facilities through re-use, recycling, and composting, and other environment-friendly methods;
(i) Develop a mechanism for the imposition of sanctions for the violations environmental rules and regulations;
(j) Manage the Solid Waste Management Fund;
(k) Develop and prescribe procedures for the issuance of appropriate permits and clearances.

(l) Review the incentives scheme for effective solid waste management, for purpose of ensuring relevance and efficiency in achieving the
objectives of this Act;
(m) Formulate the necessary education promotion and information campaign strategies;
(n) Establish, after notice and hearing of the parties concerned, standards, criteria, guidelines, and formula that are fair, equitable and
reasonable, in establishing tipping charges and rates that the proponent will charge in the operation and management of solid waste
management facilities and technologies.
(o) Develop safety nets and alternative livelihood programs for small recyclers and other sectors that will be affected as a result of the
construction and/or operation of solid waste management recycling plant or facility.
(p) Formulate and update a list of non-environmentally acceptable materials in accordance with the provisions of this Act. For this purpose, it
shall be necessary that proper consultation be conducted by the Commission with all concerned industries to ensure a list that is based on
technological and economic viability.
(q) Encourage private sector initiatives, community participation and investments resource recovery-based livelihood programs for local
communities.
(r) Encourage all local government agencies and all local government units to patronize products manufactured using recycled and recyclable
materials;
(s) Propose and adopt regulations requiring the source separation and post separation collection, segregated collection, processing, marketing
and sale of organic and designated recyclable material generated in each local government unit; and
(t) Study and review of the following:
(i) Standards, criteria and guidelines for promulgation and implementation of an integrated national solid waste management framework; and
(ii) Criteria and guidelines for siting, design, operation and maintenance of solid waste management facilities.
Section 6. Meetings - The Commission shall meet at least once a month. The presence of at least a majority of the members shall constitute a
quorum. The chairman, or in his absence the vice-chairman, shall be the presiding officer. In the absence of the heads of the agencies
mentioned in Sec. 4 of this Act, they may designate permanent representatives to attend the meetings.
Section 7. The National Ecology Center - There shall be established a National Ecology Center under the Commission which shall provide
consulting, information, training, and networking services for the implementation of the provisions of this Act.
In this regard, it shall perform the following functions:
(a) Facilitate training and education in integrated ecological solid waste management;
(b) Establish and manage a solid waste management information data base, in coordination with the DTI and other concerned agencies:
(1) on solid waste generation and management techniques as well as the management, technical and operational approaches to resource
recovery; and
(2) of processors/recyclers, the list of materials being recycled or bought by them and their respective prices;
(c) Promote the development of a recycling market through the establishment of a national recycling network that will enhance the
opportunity to recycle;
(d) Provide or facilitate expert assistance in pilot modeling of solid waste management facilities; and
(e) Develop, test, and disseminate model waste minimization and reduction auditing procedures for evaluating options.

The National Ecology Center shall be headed by the director of the Bureau in his ex officio capacity. It shall maintain a multi-sectoral, multidisciplinary pool of experts including those from the academe, inventors, practicing professionals, business and industry, youth , women and
other concerned sectors, who shall be screened according to qualifications set by the Commission.
Section 8. Role of the Departmen. - For the furtherance of the objectives of this Act, the Department shall have the following functions:
(a) Chair the Commission created pursuant to this Act;
(b) Prepare an annual National Solid Waste Management Status Report;
(c) Prepare and distribute information, education and communication materials on solid waste management;
(d) Establish methods and other parameters for the measurement of waste reduction, collection and disposal;
(e) Provide technical and other capability building assistance and support to the LGUs in the development and implementation of local solid
waste management plans and programs;
(f) Recommend policies to eliminate barriers to waste reduction programs;
(g) Exercise visitorial and enforcement powers to ensure strict compliance with this Act;
(h) Perform such other powers and functions necessary to achieve the objectives of this Act; and
(i) Issue rules and regulations to effectively implement the provisions of this Act.
Section 9. Visitorial Powers of the Department. - The Department or its duly authorized representative shall have access to, and the right to
copy therefrom, the records required to be maintained pursuant to the provisions of this Act. The Secretary or the duly authorized
representative shall likewise have the right to enter the premises of any generator, recycler or manufacturer, or other facilities any time to
question any employee or investigate any fact, condition or matter which may be necessary to determine any violation, or which may aid in
the effective enforcement of this Act and its implementing rules and regulations. This Section shall not apply to private dwelling places unless
the visitorial power is otherwise judicially authorized.
Section 10. Role of LGUs in Solid Waste Management - Pursuant to the relevant provisions of R.A. No. 7160, otherwise known as the Local
government code, the LGUs shall be primarily responsible for the implementation and enforcement of the provisions of this Act within their
respective jurisdictions.
Segregation and collection of solid waste shall be conducted at the barangay level specifically for biodegradable, compostable and reusable
wastes: Provided, That the collection of non-recyclable materials and special wastes shall be the responsibility of the municipality or city.
Section 11. Provincial Solid Waste Management Board - A Provincial Solid Waste Management board shall be established in every province, to
be chaired by the governor. Its members shall include:
(a) All the mayors of its component cities and municipalities;
(b) One (1) representative from the Sangguniang Panlalawigan to be represented by the chairperson of either the Committees on Environment
or Health or their equivalent committees, to be nominated by the presiding officer;
(c) The provincial health and/or general services officers, whichever may be recommended by the governor;
(d) The provincial environment and natural resources officer;
(e) The provincial engineer;
(f) Congressional representatives from each congressional district within the province;
(g) A representative from the NGO sector whose principal purpose is to promote recycling and the protection of air and water quality;
(h) A representative from the recycling industry;

(i) A representative from the manufacturing or packaging industry; and


(j) A representative of each concerned government agency possessing relevant technical and marketing expertise as may be determined by
the board.
The Provincial Solid Waste Management Board may, from time to time, call on any other concerned agencies or sectors as it may deem
necessary.
Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall be selected through a process
designed by themselves and shall be endorsed by the government agency of representatives of the Board: Provided, further, that in the
Province of Palawan, the Board shall be chaired by the chairman of the Palawan Council for Sustainable Development, pursuant to Republic Act
No. 7611.
In the case of Metro Manila, the Board shall be chaired by the chairperson of the MMDA and its members shall include:
(i) all mayors of its component cities and municipalities;
(ii) a representative from the NGO sector whose principal purpose is to promote recycling and the protection of air and water quality;
(iii) a representative from the recycling industry; and
(iv) a representative from the manufacturing or packaging industry.
The Board may, from time to time, call on any other concerned agencies or sectors as it may deem necessary.
Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall be selected through a process
designed by themselves and shall be endorsed by the government agency representatives of the Board.
The Provincial Solid Waste Management Board shall have the following functions and responsibilities:
(1) Develop a provincial solid waste management plan from the submitted solid waste management plans of the respective city and municipal
solid waste management boards herein created. It shall review and integrate the submitted plans of all its component cities and municipalities
and ensure that the various plan complement each other, and have the requisite components. The Provincial Solid Waste Management Plan
shall be submitted to the Commission for approval.
The Provincial Plans shall reflect the general program of action and initiatives of the provincial government and implementing a solid waste
management program that would support the various initiatives of its component cities and municipalities.
(2) Provide the necessary logistical and operational support to its component cities and municipalities in consonance with subsection (f) of
Sec.17 of the Local Government Code;
(3) Recommend measures and safeguards against pollution and for the preservation of the natural ecosystem;
(4) Recommend measures to generate resources, funding and implementation of project and activities as specified in the duly approved solid
waste management plans;
(5) Identify areas within its jurisdiction which have common solid waste management problems and are appropriate units are planning local
solid waste management services in accordance with Section 41 hereof;
(6) Coordinate the efforts of the component cities and municipalities in the implementation of the Provincial Solid Waste Management Plan;
(7) Develop an appropriate incentive scheme as an integral component of the Provincial Solid Waste Management Plan;
(8) Convene joint meetings of the provincial, city and municipal solid waste management boards at least every quarter for purposes of
integrating, synchronizing, monitoring and evaluating the development and implementation of its provincial solid waste management plan;

(9) Represent any of its component city or municipality in coordinating its resource and operational requirements with agencies of the national
government;
(10) Oversee the implementation of the Provincial Solid Waste Management Plant;
(11) Review every two (2) years or as the need arises the Provincial Solid Waste Management Plan for purposes of ensuring its sustainability,
viability, effectiveness and relevance in relation to local and international development in the field of solid waste management; and
(12) Allow for the clustering of LGUs for the solution of common solid waste management problems.
Section 12. City and Municipal Solid Waste Management Board - Each city or municipality shall form a City or Municipal Waste Management
Board that shall prepare, submit and implement a plan for the safe and sanitary management of solid waste generated in areas under in
geographic and political coverage.
The City or Municipal Solid Waste Management Board shall be composed of the city or municipal mayor as head with the following as
members:
a) One (1) representative of Sangguniang Panlungsod or the Sangguniang Bayan, preferably chairpersons of either the Committees on
Environment or Health, who will be designated by the presiding officer;
b) President of the Association of Barangay Councils in the municipality or city;
c) Chairperson of the Sangguniang Kabataan Federation;
d) A representative from NGOs whose principal purpose is to promote recycling and the protection of air and water quality;
e) A representative from the recycling industry;
f) A representative from the manufacturing or packaging industry; and
g) A representative of each concerned government agency possessing relevant technical and marketing expertise as may be determined by
the Board.
The City or Municipal Solid Waste Management Board may, from time to time, call on any concerned agencies or sectors as it may deem
necessary.
Provided, That representatives from NGOs, recycling and manufacturing or packaging industries shall be selected through a process designed
by themselves and shall be endorsed by the government agency representatives of the Board.
The City and Municipal Solid Waste Management Boards shall have the following duties and responsibilities:
(1) Develop the City or Municipal Solid Waste Management Plan that shall ensure the long-term management of solid waste, as well as
integrate the various solid waste management plans and strategies of the barangays in its area of jurisdiction. In the development of the Solid
Waste Management Plan, it shall conduct consultations with the various sectors of the community;
(2) Adopt measures to promote and ensure the viability and effective implementation of solid waste management programs in its component
barangays;
(3) Monitor the implementation of the City or Municipal Solid Waste Management Plan through its various political subdivisions and in
cooperation with the private sector and the NGOs;
(4) Adopt specific revenue-generating measures to promote the viability of its Solid Waste Management Plan;
(5) Convene regular meetings for purposes of planning and coordinating the implementation of the solid waste management plans of the
respective component barangays;
(6) Oversee the implementation of the City or Municipal Solid Waste Management Plan;

(7) Review every two (2) years or as the need arises the City or Municipal Solid Waste Management Plan for purposes of ensuring its
sustainability, viability, effectiveness and relevance in relation to local and international developments in the field of solid waste management;
(8) Develop the specific mechanics and guidelines for the implementation of the City or Municipal Solid Waste Management Plan;
(9) Recommended to appropriate local government authorities specific measures or proposals for franchise or build-operate-transfer
agreements with duly recognized institutions, pursuant to R.A.6957, to provide either exclusive or non-exclusive authority for the collection,
transfer, storage, processing, recycling or disposal of municipal solid waste. The proposals shall take into consideration appropriate
government rules and regulations on contracts, franchise and build-operate-transfer agreements;
(10) Provide the necessary logistical and operational support to its component cities and municipalities in consonance with subsection (f) of
Sec. 17 of the Local Government Code;
(11) Recommended measures and safeguards against pollution and for the preservation of the natural ecosystem; and
(12) Coordinates the efforts of its components barangays in the implementation of the city or municipal Solid Waste Management Plan.
Section13. Establishment of Multi-Purpose Environment Cooperatives or Association in Every LGU - Multi-purpose cooperatives and
associations that shall undertake activities to promote the implementation and/ or directly undertake projects in compliance with the
provisions of this Act shall be encouraged and promoted in every LGU.
CHAPTER III
COMPREHENSIVE SOLID WASTE MANAGEMENT
Article 1
General Provisions
Section 14. National Solid Waste Management Status Report - The Department, in coordination with the DOH and other concerned agencies,
shall within six (6) months after the effectivity of this Act, prepare a National Solid Waste Management Status Report which shall be used as a
basis in formulating the National Solid Waste Management Framework provided in Sec. 15 of this Act. The concerned agencies shall submit to
the Department relevant data necessary for the completion of the said report within three (3) months following the effectivity of this Act. The
said report shall include, but shall not be limited to, the following:
(a) Inventory of existing solid waste facilities;
(b) General waste characterization, taking into account the type, quantity of waste generated and estimation of volume and type of waste for
reduction and recycling;
(c) Projection of waste generation;
(d) The varying regional geologic, hydrologic, climatic, and other factors vital in the implementation of solid waste practices to ensure the
reasonable protection of:
(1) the quality of surface and groundwater from leachate contamination;
(2) the quality of surface waters from surface run-off contamination; and
(3) ambient air quality.
(e) Population density, distribution and projected growth;
(f) The political, economic, organizational, financial and management problems affecting comprehensive solid waste management;
(g) Systems and techniques of waste reduction, re-use and recycling;
(h) Available markets for recyclable materials;

(i) Estimated cost of collecting, storing, transporting, marketing and disposal of wastes and recyclable materials; and
(j) Pertinent qualitative and quantitative information concerning the extent of solid waste management problems and solid waste management
activities undertaken by local government units and the waste generators.
Provided, That the Department, in consultation with concerned agencies, shall review, update and publish a National Solid Waste Management
Status Report every two (2) years or as the need arises.
Section 15. National Solid Waste Management Framework - Within six (6) months from the completion of the national solid waste
management status report under Sec. 14 of this Act, the Commission created under Sec. 4 of this Act shall, with public participation, formulate
and implement a National Solid Waste Management Framework. Such framework shall consider and include:
(a) Analysis and evaluation of the current state, trends, projections of solid waste management on the national, provincial and municipal
levels;
(b) Identification of critical solid waste facilities and local government units which will need closer monitoring and/or regulation;
(c) Characteristics and conditions of collection, storage, processing, disposal, operating methods, techniques and practices, location of
facilities where such operating methods, techniques and practices are conducted, taking into account the nature of the waste;
(d) Waste diversion goal pursuant to Sec. 20 of this Act;
(e) Schedule for the closure and/or upgrading of open and controlled dumps pursuant to Sec. 37 of this Act;
(f) Methods of closing or upgrading open dumps for purposes of eliminating potential health hazards;
(g) The profile of sources, including industrial, commercial, domestic, and other sources;
(h) Practical applications of environmentally sound techniques of water minimization such as, but not limited to, resource conservation,
segregation at source, recycling, resource recovery, including waste-to-energy generation, re-use and composting;
(i) A technical and economic description of the level of performance that can be attained by various available solid waste management
practices which provide for the protection of public health and the environment;
(j) Appropriate solid waste facilities and conservation systems;
(k) Recycling programs for the recyclable materials, such as but not limited to glass, paper, plastic and metal;
(l) Venues for public participation from all sectors at all phases/stages of the waste management program/project;
(m) Information and education campaign strategies;
(n) A description of levels of performance and appropriate methods and degrees of control that provide, at the minimum, for protection of
public health and welfare through:
(1) Protection of the quality of groundwater and surface waters from leachate and run-off contamination;
(2) Disease and epidemic prevention and control;
(3) Prevention and control of offensive odor; and
(4) Safety and aesthetics.
(o) Minimum criteria to be used by the local government units to define ecological solid waste management practices. As much as practicable,
such guidelines shall also include minimum information for use in deciding the adequate location, design and construction of facilities
associated with solid waste management practices, including the consideration of regional, geographic, demographic and climatic factors; and
(p) The method and procedure for the phaseout and the eventual closure within eighteen (18) months from the effectivity of this Act in case of
existing open dumps and/or sanitary landfills located within an aquifer, groundwater reservoir or watershed area.

Section 16. Local Government Solid Waste Management Plans - The province, city or municipality, through its local solid waste management
boards, shall prepare its respective 10-year solid waste management plans consistent with the national solid waste management
framework: Provided, That the waste management plan shall be for the re-use, recycling and composting of wastes generated in their
respective jurisdictions: Provided, further, That the solid waste management plan of the LGU shall ensure the efficient management of solid
waste generated within its jurisdiction. The plan shall place primary emphasis on implementation of all feasible re-use, recycling, and
composting programs while identifying the amount of landfill and transformation capacity that will be needed for solid waste which cannot be
re-used, recycled, or composted. The plan shall contain all the components provided in Sec. 17 of this Act and a timetable for the
implementation of the solid waste management program in accordance with the National Framework and pursuant to the provisions of this
Act: Provided, finally, That it shall be reviewed and updated every year by the provincial, city or municipal solid waste management board.
For LGUs which have considered solid waste management alternatives to comply with Sec. 37 of this Act, but are unable to utilize such
alternatives, a timetable or schedule of compliance specifying the remedial measure and eventual compliance shall be included in the plan.
All local government solid waste management plans shall be subjected to the approval of the Commission. The plan shall be consistent with
the national framework and in accordance with the provisions of this Act and of the policies set by the Commission; Provided, That in the
province of Palawan, the local government solid waste management plan shall be approved by the Palawan Council for Sustainable
Development, pursuant to R.A. No. 7611.
Section 17. The Components of the Local Government Solid Waste Management Plan - The solid waste management plan shall include, but
not limited to, the following components:
(a) City or Municipal Profile - The plan shall indicate the following background information on the city or municipality and its component
barangays, covering important highlights of the distinct geographic and other conditions:
(1) Estimated population of each barangay within the city or municipality and population project for a 10-year period;
(2) Illustration or map of the city/municipality, indicating locations of residential, commercial, and industrial centers, and agricultural area, as
well as dump, landfills and other solid waste facilities. The illustration shall indicate as well, the proposed sites for disposal and other solid
waste facilities;
(3) Estimated solid waste generation and projection by source, such as residential, market, commercial, industrial, construction/ demolition,
street waste,agricultural, agro-industrial, institutional, other waste; and
(4) Inventory of existing waste disposal and other solid waste facilities and capacities.
(b) Waste characterization - For the initial source reduction and recycling element of a local waste management plan, the LGU waste
characterization component shall identify the constituent materials which comprise the solid waste generated within the jurisdiction of the
LGU. The information shall be representative of the solid waste generated and disposed of within the area. The constituent materials shall be
identified by volume, percentage in weight or its volumetric equivalent, material type, and source of generation which includes residential,
commercial, industrial, governmental, or other materials. Future revisions of waste characterization studies shall identify the constituent
materials which comprise the solid waste disposed of at permitted disposal facilities.
(c) Collection and Transfer - The plan shall take into account the geographic subdivisions to define the coverage of the solid waste collection
area in every barangay. The barangay shall be responsible for ensuring that a 100% collection efficiency from residential, commercial,
industrial and agricultural sources, where necessary within its area of coverage, is achieved. Toward this end, the plan shall define and identify
the specific strategies and activities to be undertaken by its component barangays, taking into account the following concerns:

(1) Availability and provision of properly designed containers or receptacles in selected collection points for the temporary storage of solid
waste while awaiting collection and transfer to processing sites or to final disposal sites;
(2) Segregation of different types of solid waste for re-use, recycling and composting;
(3) Hauling and transfer of solid waste from source or collection points to processing sites or final disposal sites;
(4) Issuance and enforcement of ordinances to effectively implement a collection system in the barangay; and
(5) Provision of properly trained officers and workers to handle solid waste disposal.
The plan shall define and specify the methods and systems for the transfer of solid waste from specific collection points to solid waste
management facilities.
(d) Processing - The Plan shall define the methods and the facilities required to process the solid waste, including the use of intermediate
treatment facilities for composting, recycling, conversion and other waste processing systems. Other appropriate waste processing
technologies may also be considered provided that such technologies conform with internationally-acceptable and other standards set in other
standards set in other laws and regulations.
(e) Source reduction - The source reduction component shall include a program and implementation schedule which shows the methods by
which the LGU will, in combination with the recycling and composting components, reduce a sufficient amount of solid waste disposed of in
accordance with the diversion requirements of Sec. 20.
The source reduction component shall describe the following:
(1) strategies in reducing the volume of solid waste generated at source;
(2) measures for implementing such strategies and the resources necessary to carry out such activities;
(3) other appropriate waste reduction technologies that may also be considered, provided that such technologies conform with the standards
set pursuant to this Act;
(4) the types of wastes to be reduced pursuant to Sec. 15 of this Act;
(5) the methods that the LGU will use to determine the categories of solid wastes to be diverted from disposal at a disposal facility through reuse, recycling and composting; and
(6) new facilities and expansion of existing facilities which will be needed to implement re-use, recycling and composting.
The LGU source reduction component shall include the evaluation and identification of rate structures and fees for the purpose of reducing the
amount of waste generated, an other source reduction strategies, including but not limited to, programs and economic incentives provided
under Sec. 46 of this Act to reduce the use of non-recyclable materials, replace disposable materials and products with reusable materials and
products, reduce packaging, and increase the efficiency of the use of paper, cardboard, glass, metal, and other materials. The waste reduction
activities of the community shall also take into account, among others, local capability, economic viability, technical requirements, social
concerns' disposition of residual waste and environmental impact: Provided, That, projection of future facilities needed and estimated cost
shall be incorporated in the plan.
(f) Recycling - The recycling component shall include a program and implementation schedule which shows the methods by which the LGU
shall, in combination with source reduction and composting components, reduce a sufficient amount of solid waste disposed of in accordance
with the diversion requirements set in Sec .20.
The LGU recycling component shall describe the following:
(1) The types of materials to be recycled under the programs;

(2) The methods for determining the categories of solid wastes to be diverted from disposal at a disposal facility through recycling; and
(3) New facilities and expansion of existing facilities needed to implement the recycling component.
The LGU recycling component shall described methods for developing the markets for recycled materials, including, but not limited to, an
evaluation of the feasibility of procurement preferences for the purchase of recycled products. Each LGU may determine and grant a price
preference to encourage the purchase of recycled products.
The five-year strategy for collecting, processing, marketing and selling the designated recyclable materials shall take into account persons
engaged in the business of recycling or persons otherwise providing recycling services before the effectivity of this Act. Such strategy may be
base upon the results of the waste composition analysis performed pursuant to this Section or information obtained in the course of past
collection of solid waste by the local government unit, and may include recommendations with respect to increasing the number of materials
designated for recycling pursuant to this Act.
The LGU recycling component shall evaluate industrial, commercial, residential, agricultural, governmental and other curbside, mobile, dropoff and buy-back recycling programs, manual and automated materials recovery facilities, zoning, building code changes and rate structures
which encourage recycling of materials. The Solid Waste Management Plan shall indicate the specific measures to be undertaken to meet the
waste diversion specified under Sec. 20 of this Act.
Recommended revisions to the building ordinances, requiring newly-constructed buildings and buildings undergoing specified alterations to
contain storage space, devices or mechanisms that facilitate source separation and storage of designated recyclable materials to enable the
local government unit to efficiently collect, process, market and sell the designated materials. Such recommendations shall include, but shall
not be limited to separate chutes to facilitate source separation in multi-family dwellings, storage areas that conform to fire and safety code
regulations, and specialized storage containers.
The Solid Waste Management Plan shall indicate the specific measures to be undertaken to meet the recycling goals pursuant to the
objectives of this Act.
(g) Composting - The composting component shall include a program and implementation schedule which shows the methods by which the
LGU shall, in combination with the source reduction and recycling components, reduce a sufficient amount of solid waste disposed of within its
jurisdiction to comply with the diversion requirements of Sec. 20 hereof.
The LGU composting component shall describe the following:
(1) The types of materials which will be composted under the programs;
(2) The methods for determining the categories of solid wastes to be diverted from disposal at a disposal facility through composting; and
(3) New facilities, and expansion of existing facilities needed to implement the composting component.
The LGU composting component shall describe methods for developing the markets for composted materials, including, but not limited to, an
evaluation of the feasibility of procurement preferences for the purchase of composted products. Each LGU may determine and grant a price
preference to encourage the purchase of composted products.
(h) Solid waste facility capacity and final disposal - The solid waste facility component shall include, but shall not be limited to, a projection of
the amount of disposal capacity needed to accommodate the solid waste generated, reduced by the following:
(1) Implementation of source reduction, recycling and composting programs required in this Section or through implementation of other waste
diversion activities pursuant to Sec. 20 of this Act;
(2) Any permitted disposal facility which will be available during the 10-year planning period; and

(3) All disposal capacity which has been secured through an agreement with another LGU, or through an agreement with a solid waste
enterprise.
The plan shall identify existing and proposed disposal sites and waste management facilities in the city or municipality or in other areas. The
plan shall specify the strategies for the efficient disposal of waste through existing disposal facilities and the identification of prospective sites
for future use. The selection and development of disposal sites shall be made on the basis of internationally accepted standards and on the
guidelines set in Sec. 41 and 42 of this Act.
Strategies shall be included to improve said existing sites to reduce adverse impact on health and the environment, and to extent life span
and capacity. The plan shall clearly define projections for future disposal site requirements and the estimated cost for these efforts.
Open dump sites shall not be allowed as final disposal sites. If an open dump site is existing within the city or municipality, the plan shall make
provisions for its closure or eventual phase out within the period specified under the framework and pursuant to the provisions under Sec. 37
of this Act. As an alternative, sanitary landfill sites shall be developed and operated as a final disposal site for solid and, eventually, residual
wastes of a municipality or city or a cluster of municipality and/or cities. Sanitary landfills shall be designed and operated in accordance with
the guidelines set under Secs. 40 and 41 of this Act.
(i) Education and public information - The education and public information component shall describe how the LGU will educate and inform its
citizens about the source reduction, recycling and composting programs.
The plan shall make provisions to ensure that information on waste collection services, solid waste management and related health and
environmental concerns are widely disseminated among the public. This shall be undertaken through the print and broadcast media and other
government agencies in the municipality. The DECS and the Commission on Higher Education shall ensure that waste management shall be
incorporated in the curriculum of primary, secondary and college students.
(j) Special Waste - The special waste component shall include existing waste handling and disposal practices for special wastes or household
hazardous wastes, and the identification of current and proposed programs to ensure the proper handling, re-use, and long-term disposal of
special wastes;
(k) Resource requirement and funding - The funding component includes identification and description of project costs, revenues, and revenue
sources the LGU will use to implement all components of the LGU solid waste management plan;
The plan shall likewise indicate specific projects, activities, equipment and technological requirements for which outside sourcing of funds or
materials may be necessary to carry out the specific components of the plan. It shall define the specific uses for its resource requirement s
and indicate its costs. The plan shall likewise indicate how the province, city or municipality intends to generate the funds for the acquisition of
its resource requirements. It shall also indicate if certain resource requirements are being or will be sourced from fees, grants, donations, local
funding and other means. This will serve as basis for the determination and assessment of incentives which may be extended to the province,
city or municipality as provided for in Sec. 45 of this Act.
(l) Privatization of solid waste management projects - The plan shall likewise indicate specific measures to promote the participation of the
private sector in the management of solid wastes, particularly in the generation and development of the essential technologies for solid waste
management. Specific projects or component activities of the plan which may be offered as private sector investment activity shall be
identified and promoted as such. Appropriate incentives for private sector involvement in solid waste management shall likewise be
established and provided for in the plan, in consonance with Sec. 45 hereof and other existing laws, policies and regulations; and

(m) Incentive programs - A program providing for incentives, cash or otherwise, which shall encourage the participation of concerned sectors
shall likewise be included in the plan.
Section 18. Owner and Operator - Responsibility for compliance with the standards in this Act shall rest with the owner and/or operator. If
specifically designated, the operator is considered to have primary responsibility for compliance; however, this does not relieve the owner of
the duty to take all reasonable steps to assure compliance with these standards and any assigned conditions. When the title to a disposal is
transferred to another person, the new owner shall be notified by the previous owner of the existence of these standards and of the conditions
assigned to assure compliance.
Section 19. Waste characterization - The Department in coordination with the LGUs, shall be responsible for the establishment of the
guidelines for the accurate characterization of wastes including determination of whether or not wastes will be compatible with containment
features and other wastes, and whether or not wastes are required to be managed as hazardous wastes under R.A. 6969, otherwise known as
the Toxic Substance and Hazardous and Nuclear Wastes Control Act.
Section 20. Establishing Mandatory Solid Waste Diversion - Each LGU plan shall include an implementation schedule which shows that within
five (5) years after the effectivity of this Act, the LGU shall divert at least 25% of all solid waste from waste disposal facilities through re-use,
recycling and composting activities and other resource recovery activities; Provided, That the waste diversion goals shall be increased every
three (3) years thereafter;Provided, further, That nothing in this Section prohibits a local government unit from implementing re-use, recycling,
and composting activities designed to exceed the goal.
Article 2
Segregation of Wastes
Section 21. Mandatory Segregation of Solid Wastes - The LGUs shall evaluate alternative roles for the public and private sectors in providing
collection services, type of collection system, or combination of systems, that best meet their needs: Provided, That segregation of wastes
shall primarily be conducted at the source, to include household, institutional, industrial, commercial and agricultural
sources: Provided, further; That wastes shall be segregated into the categories provided in Sec. 22 of this Act.
For premises containing six (6) or more residential units, the local government unit shall promulgate regulations requiring the owner or person
in charge of such premises to:
(a) provide for the residents a designated area and containers in which to accumulate source separated recyclable materials to be collected by
the municipality or private center; and
(b) notify the occupants of each buildings of the requirements of this Act and the regulations promulgated pursuant thereto.
Section 22. Requirements for the Segregation and Storage of Solid Waste - The following shall be the minimum standards and requirements
for segregation and storage of solid waste pending collection:
(a) There shall be a separate container for each type of waste from all sources: Provided, That in the case of bulky waste, it will suffice that the
same be collected and placed in a separate designated area; and
(b) The solid waste container depending on its use shall be properly marked or identified for on-site collection as "compostable", "nonrecyclable", "recyclable" or "special waste", or any other classification as may be determined by the Commission.
Article 3
Collection and Transport of Solid Wastes

Section 23. Requirements for Collection of Solid Wastes - The following shall be the minimum standards and requirements for the collection
of solid waste:
(a) All collectors and other personnel directly dealing with collection of solid waste shall be equipped with personal protective equipment to
protect them from the hazards of handling wastes;
(b) Necessary training shall be given to the collectors and personnel to ensure that the solid wastes are handled properly and in accordance
with the guidelines pursuant to this Act; and
(c) Collection of solid waste shall be done in a manner which prevents damage to the container and spillage or scattering of solid waste within
the collection vicinity.
Section 24. Requirements for the Transport of Solid Waste - The use of separate collection schedules and/or separate trucks or haulers shall
be required for specific types of wastes. Otherwise, vehicles used for the collection and transport of solid wastes shall have the appropriate
compartments to facilitate efficient storing of sorted wastes while in transit.
Vehicles shall be designed to consider road size, condition and capacity to ensure the sage and efficient collection and transport of solid
wastes.
The waste compartment shall have a cover to ensure the containment of solid wastes while in transit.
For the purpose of identification, vehicles shall bear the body number, the name, and the telephone number of the contractor/agency
collecting solid waste.
Section 25. Guidelines for Transfer Stations - Transfer stations shall be designed and operated for efficient waste handling capacity and in
compliance with environmental standards and guidelines set pursuant to this Act and other regulations: Provided, That no waste shall be
stored in such station beyond twenty-four (24) hours.
The siting of the transfer station shall consider the land use plan, proximity to collection area, and accessibility of haul routes to disposal
facility. The design shall give primary consideration to size and space sufficiency in order to accommodate the waste for storage and vehicles
for loading and unloading of wastes.
Article 4
Recycling Program
Section 26. Inventory of Existing Markets for Recyclable Materials - The DTI shall within six (6) months from the effectivity of this Act and in
cooperation with the Department, the DILG and other concerned agencies and sectors, publish a study of existing markets for processing and
purchasing recyclable materials and the potential steps necessary to expand these markets. Such study shall include, but not be limited to, an
inventory of existing markets for recyclable materials, product standards for recyclable and recycled materials, and a proposal, developed in
conjunction with the appropriate agencies, to stimulate the demand for the production of products containing post consumer and recovered
materials.
Section 27. Requirement for Eco-Labeling - The DTI shall formulate and implement a coding system for packaging materials and products to
facilitate waste and recycling and re-use.
Section 28. Reclamation Programs and Buy-back Centers for Recyclables and Toxics - The National Ecology Center shall assist LGUs in
establishing and implementing deposit or reclamation programs in coordination with manufacturers, recyclers and generators to provide
separate collection systems or convenient drop-off locations for recyclable materials and particularly for separated toxic components of the
waste stream like dry cell batteries and tires to ensure that they are not incinerated or disposed of in a landfill. Upon effectivity of this Act,

toxic materials present in the waste stream should be separated at source, collected separately and further screened and sent to appropriate
hazardous waste treatment and disposal plants, consistent with the provisions of R.A. No. 6969.
Section 29. Non-Environmentally Acceptable Products - Within one (1) year from the effectivity of this Act, the Commission shall, after public
notice and hearing, prepare a list of nonenvironmentally acceptable products as defined in this Act that shall be prohibited according to a
schedule that shall be prepared by the Commission:Provided, however, That non-environmentally acceptable products shall not be prohibited
unless the Commission first finds that there are alternatives available which are available to consumers at no more than ten percent (10%)
greater cost than the disposable product.
Notwithstanding any other provisions to the contrary, this section shall not apply to:
(a) Packaging used at hospitals, nursing homes or other medical facilities; and
(b) Any packaging which is not environmentally acceptable, but for which there is no commercially available alternatives as determined by the
Commission.
The Commission shall annually review and update the list of prohibited non-environmentally acceptable products.
Section 30. Prohibition on the Use of Non-Environmentally Acceptable Packaging - No person owning, operating or conducting a commercial
establishment in the country shall sell or convey at retail or possess with the intent to sell or convey at retail any products that are placed,
wrapped or packaged in or on packaging which is not environmentally acceptable packaging: Provided, That the Commission shall determine a
phaseout period after proper consultation and hearing with the stakeholders or with the sectors concerned. The presence in the commercial
establishment of non-environmentally acceptable packaging shall constitute a rebuttable presumption of intent to sell or convey the same at
retail to customers.
Any person who is a manufacturer, broker or warehouse operator engaging in the distribution or transportation of commercial products within
the country shall file a report with the concerned local government within one (1) year from the effectivity of this Act, and annually thereafter,
a listing of any products in packaging which is not environmentally acceptable. The Commission shall prescribe the form of such report in its
regulations.
A violation of this Section shall be sufficient grounds for the revocation, suspension, denial or non-renewal of any license for the establishment
in which the violation occurs.
Section 31. Recycling Market Development - The Commission together with the National Ecology Center, the DTI and the Department of
Finance shall establish procedures, standards and strategies to market recyclable materials and develop the local market for recycle goods,
including but not limited to:
(a) measures providing economic incentives and assistance including loans and grants for the establishment of privately-owned facilities to
manufacture finished products from post-consumer materials;
(b) guarantees by the national and local governments to purchase a percentage of the output of the facility; and
(c) maintaining a list of prospective buyers, establishing contact with prospective buyers and reviewing and making any necessary changes in
collecting or processing the materials to improve their marketability.
In order to encourage establishments of new facilities to produce goods from post-consumer and recovered materials generated within local
government units, and to conserve energy by reducing materials transportation, whenever appropriate, each local government unit may
arranged for long-term contracts to purchase a substantial share of the product output of a proposed facility which will be based in the
jurisdiction of the local government unit if such facility will manufacture such finished products form post-consumer and recovered materials.

Section 32. Establishment of LGU Materials Recovery Facility. - There shall be established a Materials Recovery Facility (MRF) in every
barangay or cluster of barangays. The facility shall be established in a barangay-owned or -leased land or any suitable open space to be
determined by the barangay through its Sanggunian. For this purpose, the barangay or cluster of barangays shall allocate a certain parcel of
land for the MRF. The MRF shall receive mixed waste for final sorting, segregation, composting, and recycling. The resulting residual wastes
shall be transferred to a long term storage or disposal facility or sanitary landfill.
Section 33. Guidelines for Establishment of Materials Recovery Facility - Materials recovery facilities shall be designed to receive, sort,
process and store compostable and recyclable material efficiently and in an environmentally sound manner. The facility shall address the
following considerations:
(a) The building and/or land layout and equipment must be designed to accommodate efficient and safe materials processing, movement, and
storage; and
(b) The building must be designed to allow efficient and safe external access and to accommodate internal flow.
Article 5
Composting
Section 34. Inventory of Markets of Composts - Within six (6) months after the effectivity of this Act, the DA shall publish an inventory of
existing markets and demands for composts. Said inventory shall thereafter be updated and published annually: Provided, That the
composting of agricultural wastes and other compostable materials, including but not limited to garden wastes, shall be encouraged.
Section 35. Guidelines for Compost Quality - Compost products intended to be distributed commercially shall conform with the standards for
organic fertilizers set by the DA. The DA shall assist the compost producers to ensure that the compost products conform to such standards.
Article 6
Waste Management Facilities
Section 36. Inventory of Waste Disposal Facilities - Within six (6) months from the effectivity of this Act, the Department, in cooperation with
the DOH, DILG and other concerned agencies, shall publish an inventory of all solid waste disposal facilities or sites in the country.
Section 37. Prohibition Against the Use of Open Dumps for Solid Waste - No open dumps shall be established and operated, nor any practice
or disposal of solid waste by any person, including LGUs, which constitutes the use of open dumps for solid wastes, be allowed after the
effectivity of this Acts: Provided, That within three (3) years after the effectivity of this Act, every LGU shall convert its open dumps into
controlled dumps, in accordance with the guidelines set in Sec. 41 of this Act: Provided, further, That no controlled dumps shall be allowed five
(5) years following the effectivity of this Act.
Section 38. Permit for Solid Waste Management Facility Construction and Expansion - No person shall commence operation, including site
preparation and construction of a new solid waste management facility or the expansion of an existing facility until said person obtains an
Environment Compliance Certificate (ECC) from the Department pursuant to P.D. 1586 and other permits and clearances form concerned
agencies.
Section 39. Guidelines for Controlled Dumps - The following shall be the minimum considerations for the establishments of controlled dumps:
(a) Regular inert cover;
(b) Surface water and peripheral site drainage control;
(c) Provision for aerobic and anaerobic decomposition;
(d) Restriction of waste deposition to small working areas;

(e) Fence, including provisions for litter control;


(f) Basic record-keeping;
(g) Provision of maintained access road;
(h) Controlled waste picking and trading;
(i) Post-closure site cover and vegetation; and
(j) Hydro geological siting.
Section 40. Criteria for Siting a Sanitary Landfill - The following shall be the minimum criteria for the siting of sanitary landfills:
(a) The site selected must be consistent with the overall land use plan of the LGU;
(b) The site must be accessible from major roadways or thoroughfares;
(c) The site should have an adequate quantity of earth cover material that is easily handled and compacted;
(d) The site must be chosen with regard for the sensitivities of the community's residents;
(e) The site must be located in an area where the landfill's operation will not detrimentally affect environmentally sensitive resources such as
aquifer, groundwater reservoir or watershed area;
(f) The site should be large enough to accommodate the community's wastes for a period of five (5) years during which people must
internalize the value of environmentally sound and sustainable solid waste disposal;
(g) The site chosen should facilitate developing a landfill that will satisfy budgetary constraints, including site development, operation for
many years, closure, post-closure care and possible remediation costs;
(h) Operating plans must include provisions for coordinating with recycling and resource recovery projects; and
(i) Designation of a separate containment area for household hazardous wastes.
Section 41. Criteria for Establishment of Sanitary Landfill - The following shall be the minimum criteria for the establishment of sanitary
landfills:
(a) Liners - a system of clay layers and/or geosynthethic membranes used to contain leachate and reduce or prevent contaminant flow to
groundwater;
(b) Leachate collection and treatment system - installation of pipes at the low areas of the liner to collect leachate for storage and eventual
treatment and discharge;
(c) Gas control and recovery system - a series of vertical wells or horizontal trenches containing permeable materials and perforated piping
placed in the landfill to collect gas for treatment or productive use as an energy source;
(d) Groundwater monitoring well system - wells placed at an appropriate location and depth for taking water that are representative of ground
water quality;
(e) Cover - two (2) forms of cover consisting of soil and geosynthetic materials to protect the waste from long-term contact with the
environment:
(i) a daily cover placed over the waste at the close of each day's operations, and;
(ii) a final cover, or cap, which is the material placed over the completed landfill to control infiltration of water, gas emission to the
atmosphere, and erosion.
(f) Closure procedure with the objectives of establishing low maintenance cover systems and final cover that minimizes the infiltration of
precipitation into the waste. Installation of the final cover must be completed within six (6) months of the last receipt of waste;

(g) Post-closure care procedure - During this period, the landfill owner shall be responsible for providing for the general upkeep of the landfill,
maintaining all of the landfill's environmental protection features, operating monitoring equipment, remediating groundwater should it become
contaminated and controlling landfill gas migration or emission.
Section 42. Operating Criteria for Sanitary Landfills - In the operation of a sanitary land fill, each site operator shall maintain the following
minimum operating equipments:
(a) Disposal site records of, but not limited to:
(1) Records of weights or volumes accepted in a form and manner approved by the Department. Such records shall be submitted to the
Department upon request, accurate to within ten percent (10%) and adequate for overall planning purposes and forecasting the rate of site
filling;
(2) Records of excavations which may affect the safe and proper operation of the site or cause damage to adjoining properties;
(3) Daily log book or file of the following information: fires, landslides, earthquake damage, unusual and sudden settlement, injury and
property damage, accidents, explosions, receipts or rejection of unpermitted wastes, flooding and other unusual occurrences;
(4) Record of personnel training; and
(5) Copy of written notification to the Department, local health agency, and fire authority of names, addresses and telephone numbers of the
operator or responsible party of the site;
(b) Water quality monitoring of surface and ground waters and effluent, and gas emissions;
(c) Documentation of approvals, determinations and other requirements by the Department;
(d) Signs:
(1) Each point of access from a public road shall be posted with an easily visible sigh indicating the facility name and other pertinent
information as required by the Department;
(2) If the site is open to the public, there shall be an easily visible sign at the primary entrance of the site indicating the name of the site
operator, the operator's telephone number, and hours of operation; an easily visible sign at an appropriate point shall indicate the schedule of
changes and the general types of materials which will either be accepted or not;
(3) If the site is open to the public, there shall be an easily visible road sign and/or traffic control measures which direct traffic to the active
face and other areas where wastes or recyclable materials will be deposited; and
(4) Additional signs and/or measures may be required at a disposal site by the Department to protect personnel and public health and safety;
(e) Monitoring of quality of surface, ground and effluent waters, and gas emissions;
(f) The site shall be designed to discourage unauthorized access by persons and vehicles by using a perimeter barrier or topographic
constraints. Areas within the site where open storage, or pounding of hazardous materials occurs shall be separately fenced or otherwise
secured as determined by the Department. The Department may also require that other areas of the site be fenced to create an appropriate
level of security;
(g) Roads within the permitted facility boundary shall be designed to minimize the generation of dust and the tracking of material onto
adjacent public roads. Such roads shall be kept in safe condition and maintained such that vehicle access and unloading can be conducted
during inclement weather;
(h) Sanitary facilities consisting of adequate number of toilets and handwashing facilities, shall be available to personnel at or in the
immediate vicinity of the site;

(i) Safe and adequate drinking water supply for the site personnel shall be available;
(j) The site shall have communication facilities available to site personnel to allow quick response to emergencies;
(k) Where operations are conducted during hours of darkness, the site and/or equipment shall be equipped with adequate lighting as approved
by the Department to ensure safety and to monitor the effectiveness of operations;
(l) Operating and maintenance personnel shall wear and use appropriate safety equipment as required by the Department;
(m) Personnel assigned to operate the site shall be adequately trained in subject pertinent to the site operation and maintenance, hazardous
materials recognition and screening, and heavy equipment operations, with emphasis on safety, health, environmental controls and
emergency procedures. A record of such training shall be placed in the operating record;
(n) The site operator shall provide adequate supervision of a sufficient number of qualified personnel to ensure proper operation of the site in
compliance with all applicable laws, regulations, permit conditions and other requirements. The operator shall notify the Department and local
health agency in writing of the names, addresses, and telephone number of the operator or responsible party. A copy of the written notification
shall be placed in the operation record;
(o) Any disposal site open to the public shall have an attendant present during public operating hours or the site shall be inspected by the
operator on a regularly scheduled basis, as determined by the Department;
(p) Unloading of solid wastes shall be confined to a small area as possible to accommodate the number of vehicles using the area without
resulting in traffic, personnel, or public safety hazards. Waste materials shall normally be deposited at the toe of the fill, or as otherwise
approved by the Department;
(q) Solid waste shall be spread and compacted in layers with repeated passages of the landfill equipment to minimize voids within the cell and
maximize compaction. The loose layer shall not exceed a depth approximately two feet before compaction. Spreading and compacting shall be
accomplished as rapidly as practicable, unless otherwise approved by the Department;
(r) Covered surfaces of the disposal area shall be graded to promote lateral runoff of precipitation and to prevent pounding. Grades shall be
established of sufficient slopes to account for future settlement of the fill surface. Other effective maintenance methods may be allowed by
the Department; and
(s) Cover material or native material unsuitable for cover, stockpiled on the site for use or removal, shall be placed so as not to cause
problems or interfere with unloading, spreading, compacting, access, safety drainage, or other operations.
Article 7
Local Government Solid Waste Management
Section 43. Guidelines for Identification of Common Solid Waste Management Problems - For purposes of encouraging and facilitating the
development of local government plans for solid waste management, the Commission shall, as soon as practicable but not later than six (6)
months from the effectivity of this Act, publish guidelines for the identification of those areas which have common solid waste management
problems and are appropriate units for clustered solid waste management services. The guidelines shall be based on the following:
(a) the size and location of areas which should be included;
(b) the volume of solid waste which would be generated;
(c) the available means of coordinating local government planning between and among the LGUs and for the integration of such with the
national plan; and
(d) possible lifespan of the disposal facilities.

Section 44. Establishment of Common Waste Treatment and Disposal Facilities - Pursuant to Sec. 33 of R.A.7160, otherwise known as the
Local Government Code, all provinces, cities, municipalities and barangays, through appropriate ordinances, are hereby mandated to
consolidate, or coordinate their efforts, services, and resources for purposes of jointly addressing common solid waste management problems
and/or establishing common waste disposal facilities.
The Department, the Commission and local solid waste management boards shall provide technical and marketing assistance to the LGUs.
CHAPTER IV
INCENTIVES
Section 45. Incentives. (a) Rewards, monetary or otherwise, shall be provided to individuals, private organizations and entitles, including non-government
organizations, that have undertaken outstanding and innovative projects, technologies, processes and techniques or activities in re-use,
recycling and reduction. Said rewards shall be sourced from the Fund herein created.
(b) An incentive scheme is hereby provided for the purpose of encouraging LGUs, enterprises, or private entities, including NGOs, to develop
or undertake an effective solid waste management, or actively participate in any program geared towards the promotion thereof as provided
for in this Act.
(1) Fiscal Incentives. - Consistent with the provisions of E.O. 226, otherwise known as the Omnibus Investments Code, the following tax
incentives shall be granted:
(a) Tax and Duty Exemption on Imported Capital Equipment and Vehicles - Within ten (10) years upon effectively of this Act, LGUs, enterprises
or private entities shall enjoy tax and duty free importation of machinery, equipment, vehicles and spare parts used for collection,
transportation, segregation, recycling, re-use and composing of solid wastes: Provided, That the importation of such machinery, equipment,
vehicle and spare parts shall comply with the following conditions:
(i) They are not manufactured domestically in sufficient quantity, of comparable quality and at reasonable prices;
(ii) They are reasonably needed and will be used actually, directly and exclusively for the above mentioned activities;
(iii) The approval of the Board of Investment (BOI) of the DTI for the importation of such machinery, equipment, vehicle and spare parts.
Provided, further, That the sale, transfer or disposition of such machinery, equipment, vehicle and spare parts, without prior approval of the
(BOI), within five (5) years from the date of acquisition shall be prohibited, otherwise, the LGU concerned, enterprise or private entities and the
vendee, transferee, or assignee shall be solidarily liable to pay twice the amount of tax and duty exemption given it.
(b) Tax Credit on Domestic Equipment - Within ten (10) years from the effectivity of this Act, a tax credit equivalent to 50% of the value of the
national internal revenue taxes and customs duties that would have been waived on the machinery, equipment, vehicle and spare parts, had
these items been imported shall be given to enterprises, private entities, including NGOs, subject to the same conditions and prohibition cited
in the preceding paragraph.
(c) Tax and Duty Exemption of Donations, Legacies and Gift - All legacies, gifts and donations to LGUs, enterprises or private entities, including
NGOs, for the support and maintenance of the program for effective solid waste management shall be exempt from all internal revenue taxes
and customs duties, and shall be deductible in full from the gross income of the donor for income tax purposes.
(2) Non-Fiscal Incentives. - LGUs, enterprises or private entities availing of tax incentives under this Act shall also be entitled to applicable nonfiscal incentives provided for under E.O. 226, otherwise known as the Omnibus Investments Code.

The Commission shall provide incentives to businesses and industries that are engaged in the recycling of wastes and which are registered
with the Commission and have been issued ECCs in accordance with the guidelines established by the Commission. Such incentives shall
include simplified procedures for the importation of equipment, spare parts, new materials, and supplies, and for the export of processed
products.
(3) Financial Assistance Program. - Government financial institutions such as the Development Bank of the Philippines (DBP), Landbank of the
Philippines (LBP), Government Service Insurance System (GSIS), and such other government institutions providing financial services shall, in
accordance with and to the extent allowed by the enabling provisions of their respective charters or applicable laws, accord high priority to
extend financial services to individuals, enterprises, or private entities engaged in solid waste management.
(4) Extension of Grants to LGUs. - Provinces, cities and municipalities whose solid waste management plans have been duly approved by the
Commission or who have been commended by the Commission for adopting innovative solid waste management programs may be entitled to
receive grants for the purpose of developing their technical capacities toward actively participating in the program for effectively and
sustainable solid waste management.
(5) Incentives to Host LGUs. - Local government units who host common waste management facilities shall be entitled to incentives.
CHAPTER V
FINANCING SOLID WASTE MANAGEMENT
Section 46. Solid Waste Management Fund - There is hereby created, as a special account in the National Treasury, a Solid Waste
Management Fund to be administered by the Commission. Such fund shall be sourced from the following:
(a) Fines and penalties imposed, proceeds of permits and licenses issued by the Department under this Act, donations, endowments, grants
and contributions from domestic and foreign sources; and
(b) Amounts specifically appropriated for the Fund under the annual General Appropriations Act;
The Fund shall be used to finance the following:
(1) products, facilities, technologies and processes to enhance proper solid waste management;
(2) awards and incentives;
(3) research programs;
(4) information, education, communication and monitoring activities;
(5) technical assistance; and
(6) capability building activities.
LGUs are entitled to avail of the Fund on the basis of their approved solid waste management plan. Specific criteria for the availment of the
Fund shall be prepared by the Commission.
The fines collected under Sec. 49 shall be allocated to the LGU where the fined prohibited acts are committed in order to finance the solid
waste management of said LGU. Such allocation shall be based on a sharing scheme between the Fund and the LGU concerned.
In no case, however, shall the Fund be used for the creation of positions or payment of salaries and wages.
Section 47. Authority to Collect Solid Waste Management Fees - The local government unit shall impose fees in amounts sufficient to pay the
costs of preparing, adopting, and implementing a solid waste management plan prepared pursuant to this Act. The fees shall be based on the
following minimum factors:
(a) types of solid waste;

(b) amount/volume of waste; and


(c) distance of the transfer station to the waste management facility.
The fees shall be used to pay the actual costs incurred by the LGU in collecting the local fees. In determining the amounts of the fees, an LGU
shall include only those costs directly related to the adoption and implementation of the plan and the setting and collection of the local fees.
CHAPTER VI
PENAL PROVISIONS
Section 48. Prohibited Acts - The following acts are prohibited:
(1) Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros or parks, and establishment, or
causing or permitting the same;
(2) Undertaking activities or operating, collecting or transporting equipment in violation of sanitation operation and other requirements or
permits set forth in established pursuant;
(3) The open burning of solid waste;
(4) Causing or permitting the collection of non-segregated or unsorted wastes;
(5) Squatting in open dumps and landfills;
(6) Open dumping, burying of biodegradable or non-biodegradable materials in flood prone areas;
(7) Unauthorized removal of recyclable material intended for collection by authorized persons;
(8) The mixing of source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle used in solid waste
collection or disposal;
(9) Establishment or operation of open dumps as enjoined in this Act, or closure of said dumps in violation of Sec. 37;
(10) The manufacture, distribution or use of non-environmentally acceptable packaging materials;
(11) Importation of consumer products packaged in non-environmentally acceptable materials;
(12) Importation of toxic wastes misrepresented as "recyclable" or "with recyclable content";
(13) Transport and dumplog in bulk of collected domestic, industrial, commercial, and institutional wastes in areas other than centers or
facilities prescribe under this Act;
(14) Site preparation, construction, expansion or operation of waste management facilities without an Environmental Compliance Certificate
required pursuant to Presidential Decree No. 1586 and this Act and not conforming with the land use plan of the LGU;
(15) The construction of any establishment within two hundred (200) meters from open dumps or controlled dumps, or sanitary landfill; and
(16) The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir, or watershed area and or
any portions thereof.
Section 49. Fines and Penalties (a) Any person who violates Sec. 48 paragraph (1) shall, upon conviction, be punished with a fine of not less than Three hundred pesos
(P300.00) but not more than One thousand pesos (P1,000.00) or render community service for not less than one (1) day to not more than
fifteen (15) days to an LGU where such prohibited acts are committed, or both;
(b) Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction be punished with a fine of not less than Three hundred pesos
(P300.00) but not more than One thousand pesos (P1,000.00) or imprisonment of not less than one (1) day but to not more than fifteen (15)
days, or both;

(c) Any person who violates Sec. 48, pars. (4), (5), (6) and (7) shall, upon conviction, be punished with a fine of not less than One thousand
pesos (P1,000.00) but not more than Three thousand pesos (P3,000.00) or imprisonment of not less than fifteen (15) day but to not more than
six (6) months, or both;
(d) Any person who violates Sec. 48, pars (8), (9), (10) and (11) for the first time shall, upon conviction, pay a fine of Five hundred thousand
pesos (P500,000.00) plus and amount not less than five percent (5%) but not more than ten percent (10%) of his net annual income during the
previous year.
The additional penalty of imprisonment of a minimum period of one (1) year but not to exceed three (3) years at the discretion of the court,
shall be imposed for second or subsequent violations of Sec. 48, pars. (9) and (10).
(e) Any person who violates Sec. 48, pars. (12) and (13) shall, upon conviction, be punished with a fine not less than Ten thousand pesos
(P10,000.00) but not more than Two hundred thousand pesos (P200,000.00) or imprisonment of not less than thirty (30) days but not more
than three (3) years, or both;
(f) Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon conviction, be punished with a fine not less than One hundred
thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00), or imprisonment not less than one (1) year but not more
than six (6) years, or both.
If the offense is committed by a corporation, partnership, or other juridical identity duly recognized in accordance with the law, the chief
executive officer, president, general manager, managing partner or such other officer-in-charge shall be liable for the commission of the
offense penalized under this Act.
If the offender is an alien, he shall, after service of the sentence prescribed above, be deported without further administrative proceedings.
The fines herein prescribed shall be increased by at lest ten (10%) percent every three (3) years to compensate for inflation and to maintain
the deterrent functions of such fines.
Section 50. Administrative Sanctions - Local government officials and officials of government agencies concerned who fail to comply with and
enforce rules and regulations promulgated relative to this Act shall be charged administratively in accordance with R.A. 7160 and other
existing laws, rules and regulations
CHAPTER VII
MISCELLANEOUS PROVISIONS
Section 51. Mandatory Public Hearings - Mandatory public hearings for national framework and local government solid waste management
plans shall be undertaken by the Commission and the respective Boards in accordance with process to be formulated in the implementing
rules and regulations.
Section 52. Citizens Suits - For the purposes of enforcing the provisions of this Act or its implementing rules and regulations, any citizen may
file an appropriate civil, criminal or administrative action in the proper courts/bodies against:
(a) Any person who violates or fails to comply with the provisions of this Act its implementing rules and regulations; or
(b) The Department or other implementing agencies with respect to orders, rules and regulations issued inconsistent with this Act; and/or
(c) Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty by this Act or its implementing
rules and regulations; or abuses his authority in the performance of his duty; or, in any many improperly performs his duties under this Act or
its implementing rules and regulations;Provided, however, That no suit can be filed until after thirty-day (30) notice has been given to the
public officer and the alleged violator concerned and no appropriate action has been taken thereon.

The Court shall exempt such action from the payment of filing fees and statements likewise, upon prima facieshowing of the non-enforcement
or violation complained of, exempt the plaintiff from the filing of an injunction bond for the issuance of preliminary injunction.
In the event that the citizen should prevail, the Court shall award reasonable attorney's fees, moral damages and litigation costs as
appropriate.
Section 53. Suits and Strategic Legal Action Against Public Participation (SLAPP) and the Enforcement of this Act- Where a suit is brought
against a person who filed an action as provided in Sec. 52 of this Act, or against any person, institution or government agency that
implements this Act, it shall be the duty of the investigating prosecutor or the Court, as the case may be, to immediately make a
determination not exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert undue pressure or stifle such legal
recourses of the person complaining of or enforcing the provisions of this Act. Upon determination thereof, evidence warranting the same, the
Court shall dismiss the complaint and award the attorney's fees and double damages.
This provision shall also apply and benefit public officers who are sued for acts committed in their official capacity, there being no grave abuse
of authority, and done in the course of enforcing this Act.
Section 54. Research on Solid Waste Management - The Department after consultations with the cooperating agencies, shall encourage,
cooperate with, and render financial and other assistance to appropriate government agencies and private agencies, institutions and
individuals in the conduct and promotion researches, experiments, and other studies on solid waste management, particularly those relating
to:
>
(a) adverse health effects of the release into the environment of materials present in solid wastes, and methods to eliminate said effects;
(b) the operation and financing of solid waste disposal programs;
(c) the planning, implementing and operation of resource recovery and resource conservation systems;
(d) the production of usable forms of recovered resources, including fuel from solid waste;
(e) the development and application of new and improved methods of collecting and disposing of solid waste and processing and recovering
materials and energy from solid waste;
(f) improvements in land disposal practices for solid waste (including sludge); and
(g) development of new uses of recovered resources and identification of existing or potential markets of recovered resources.
In carrying out solid waste researches and studies, the Secretary of the Department or the authorized representative may make grants or
enter into contracts with government agencies, nongovernment organizations and private persons.
Section 55. Public Education and Information - The Commission shall, in coordination with DECS, TESDA, CHED, DILG and PIA, conduct a
continuing education and information campaign on solid waste management, such education and information program shall:
(a) Aim to develop public awareness of the ill-effects of and the community based solutions to the solid waste problem;
(b) Concentrate on activities which are feasible and which will have the greatest impact on the solid waste problem of the country, like
resource conservation and recovery, recycling, segregation at source, re-use, reduction, and composing of solid waste; and
(c) Encourage the general public, accredited NGOs and people's organizations to publicity endorse and patronize environmentally acceptable
products and packaging materials.
Section 56. Environmental Education in the Formal and Nonformal Sectors - The national government, through the DECS and in coordination
with concerned government agencies, NGOs and private institutions, shall strengthen the integration of environmental concerns in school

curricula at all levels, with particular emphasis on the theory and practice of waste management principles like waste minimization,
specifically resource conservation and recovery, segregation at source, reduction, recycling, re-use,and composing, in order to promote
environmental awareness and action among the citizenry.
Section 57. Business and Industry Role - The Commission shall encourage commercial and industrial establishments, through appropriate
incentives other than tax incentives to initiate, participate and invest in integrated ecological solid waste management projects to
manufacture environment-friendly products, to introduce develop and adopt innovative processes that shall recycle and re-use materials,
conserve raw materials and energy, reduce waste, and prevent pollution and to undertake community activities to promote and propagate
effective solid waste management practices.
Section 58. Appropriations - For the initial operating expenses of the Commission and the National Ecology Center as well as the expensed of
the local government units to carry out the mandate of this Act, the amount of Twenty million pesos (P20,000,000.00) is hereby appropriated
from the Organizational Adjustment Fund on the year this Act is approved. Thereafter, it shall submit to the Department of Budget and
Management its proposed budget for inclusion in the General Appropriations Act.
Section 59. Implementing Rules and Regulations (IRR) - The Department, in coordination with the Committees on Environment and Ecology of
the Senate and House of Representative, respectively, the representatives of the Leagues of Provinces, Cities, Municipalities and Barangay
Councils, the MMDA and other concerned agencies, shall promulgate the implementing rules and regulations of this Act, within one (1) year
after its enactment:Provided, That rules and regulations issued by other government agencies and instrumentalities for the prevention and/or
abatement of the solid waste management problem not inconsistent with this Act shall supplement the rules and regulations issued by the
Department, pursuant to the provisions of this Act.
The draft of the IRR shall be published and be the subject of public consultation with affected sectors. It shall be submitted to the Committee
on Environment Ecology of the Senate and House of Representatives, respectively, for review before approved by the Secretary.
Section 60. Joint Congressional Oversight Committee - There is hereby created a Joint Congressional Oversight Committee to monitor the
implementation of the Act and to oversee the functions of the Commission. The Committee shall be composed of five (5) Senators and five (5)
Representatives to be appointed by the Senate President and Speaker of the House of Representatives, respectively. The Oversight Committee
shall be co-chaired by a Senator and a Representative designated by the Senate President and the Speaker of the House of Representatives,
respectively.
Section 61. Abolition of the Presidential Task Force On Waste Management and the Project Management Office on Solid Waste Management The Presidential Task Force on Waste Management which was created by virtue of Memorandum Circular No. 39 dated November 2, 1987, as
amended by Memorandum Circular No. 39A and 88 is hereby abolished.
Further, pursuant to Administrative Order No. 90 dated October 19, 1992, the Project Management Office on Solid Waste Management is
likewise hereby abolished. Consequently their powers and functions shall be absorbed by the Commission pursuant to the provisions of this
Act.
Section 62. Transitory Provision - Pending the establishment of the framework under Sec. 15 hereof, plans under Sec. 16 and promulgation of
the IRR under Sec. 59 of this Act, existing laws, regulations, programs and projects on solid waste management shall
be enforced: Provided, That for specific undertaking, the same may be revised in the interim in accordance with the intentions of this Act.

Section 63. Report to Congress - The Commission shall report to Congress not later than March 30 of every year following the approval of this
Act, giving a detailed account of its accomplishments and progress on solid waste management during the year and make the necessary
recommendations in areas where there is need for legislative action.
Section 64. Separability Clause - If any provision of this Act or the application of such provision to any person or circumstances is declared
unconstitutional, the remainder of the Act or the application of such provision to other persons or circumstances shall not be affected by such
declaration.
Section 65. Repealing Clause - All laws, decrees, issuances, rules and regulations or parts thereof inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.
Section 66. Effectivity - This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.
Approved: January 26, 2001
REPUBLIC ACT NO. 9439
April 27, 2007
AN ACT PROHIBITING THE DETENTION OF PATIENTS IN HOSPITALS AND MEDICAL CLINICS ON GROUNDS OF NONPAYMENT OF
HOSPITAL BILLS OR MEDICAL EXPENSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. It shall be unlawful for any hospital or medical clinic in the country to detain or to otherwise cause, directly or indirectly, the
detention of patients who have fully or partially recovered or have been adequately attended to or who may have died, for reasons of
nonpayment in part or in full of hospital bills or medical expenses.
SEC. 2. Patients who have fully or partially recovered and who already wish to leave the hospital or medical clinic but are financially incapable
to settle, in part or in full, their hospitalization expenses, including professional fees and medicines, shall be allowed to leave the hospital or
medical clinic, with a right to demand the issuance of the corresponding medical certificate and other pertinent papers required for the release
of the patient from the hospital or medical clinic upon the execution of a promissory note covering the unpaid obligation. The promissory note
shall be secured by either a mortgage or by a guarantee of a co-maker, who will be jointly and severally liable with the patient for the unpaid
obligation. In the case of a deceased patient, the corresponding death certificate and other documents required for interment and other
purposes shall be released to any of his surviving relatives requesting for the same: Provided, however, That patients who stayed in private
rooms shall not be covered by this Act.
SEC. 3. Any officer or employee of the hospital or medical clinic responsible for releasing patients, who violates the provisions of this Act shall
be punished by a fine of not less than Twenty thousand pesos (P20,000.00), but not more than Fifty thousand pesos (P50,000.00), or
imprisonment of not less than one month, but not more than six months, or both such fine and imprisonment, at the discretion of the proper
court.
SEC. 4. The Department of Health shall promulgate the necessary rules and regulations to carry out the provisions of this Act.
SEC. 5. If any provision of this Act is declared void and unconstitutional the remaining provisions hereof not affected thereby shall remain in
full force and effect.
SEC. 6. All laws, decrees, orders, rules and regulations or part thereof inconsistent with this Act are hereby repealed or amended accordingly.
SEC. 7. This Act shall take effect fifteen (15) days after its publication in two national newspapers of general circulation.
Approved: April 27, 2007

Republic Act No. 9416


March 25, 2007
AN ACT DECLARING AS UNLAWFUL ANY FORM OF CHEATING IN CIVIL SERVICE EXAMINATIONS, UNAUTHORIZED USE AND
POSSESSION OF CIVIL SERVICE COMMISSION (CSC) EXAMINATION-RELATED MATERIALS, AND GRANTING THE CSC EXCLUSIVE
JURISDICTION OVER THESE CASES INCLUDING THOSE COMMITTED BY PRIVATE INDIVIDUALS
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
SECTION 1. Statement of Policy. - Public office is a public trust. As such, it is hereby declared the policy of the State to ensure that
honesty, integrity and the merit and fitness principle be always the measure of entry into the public service. Thus, all forms of cheating in civil
service examinations including those committed by private individuals shall be immediately and effectively addressed. The public service
should not be a haven for misfits and cheats."
Pursuant thereto, any form of cheating in civil service examinations is hereby declared illegal and unlawful. This shall include acts and
omissions that are done before, during and after such examinations. To further protect the integrity of the examinations the possession and or
use of any examination-related materials like electronic program files or data, test booklets and considered an act of cheating.
SEC. 2. The Civil Service Commission (CSC) as the central personnel agency of the government shall exercise exclusive jurisdiction to
investigate and decide over these cases. This jurisdiction shall cover government employees as well as private individuals.
SEC. 3. Definition of Terms. - For purposes of this Act, the following terms shall mean:
(a) Civil Service Examination - refers to all examinations being administered by the CSC or those administered by other agencies in
coordination with or through the assistance of the CSC.
(b) Cheating - refers to any act or omission before, during or after any civil service examination that will directly or indirectly undermine the
sanctity and integrity of the examination such as, but not limited to, the following:
1. Impersonation;
2. Use of "codigo" or crib sheets;
3. Employing a "poste" or a person inside or outside of the examination room who may or may not be a registered examinee but who provides
examinees with answers or "codigo" or "crib sheets" or such other assistance purportedly to enhance examinees better chances of passing;
4. Tampering with the examination records such as the Answer Data Files, the Application Forms or the Picture-Seat Plan to facilitate the
passing of an examinee who have failed;
5. Collusion of whatever nature between examinees and examination personnel;
6. Examinee number switching;
7. Possession and or use of fake certificate of eligibility;
8. Such other acts of similar nature which facilitate the passing of an examination including those committed by review centers or entities
offering refresher courses or tutorials.
(c) Cheats - shall include all persons or review centers or entities offering refresher courses or tutorials who directly or indirectly commit the
act of cheating.
(d) Examination-related material - refer to any materials in whatever form, which are used by the CSC in the conduct of the examinations or by
other agencies, which administer examinations in coordination with or through the assistance of the CSC. These shall include but are not
limited, to the following: Computer or electronic program files and data, test questions, answer sheets and test booklets.

(e) Private Individuals - those persons who are not yet considered government employees as well as those former government employees who
had been separated from the service. These shall also cover individuals who are hired by government agencies based on job orders or
contracts of service, where no employment relationship subsists between these individuals and the hiring agencies.
(f) Review Center - shall refer to entities, created or established formally or informally, by an individual or group of individuals, to provide,
conduct, specialize and/or assist individuals (students, professionals, employees) or group of individuals through tutorial programs and/or
review classes or review programs, seminars/training programs, and advance subject/course orientation, intensive and comprehensive test
preparation, familiarity with scope of tests through simulation activities and provision of documents or review materials, and proficiency
enhancement, sometimes with the assurance of passing or high possibility of passing the civil service examination and other examinations
conducted in coordination with and/or through the assistance of the CSC.
SEC. 4. Statistically Improbable Results. - Any civil service examination result which shall be declared as statistically improbable by the
CSC shall be a prima facie evidence of the existence of an examination irregularity or form of cheating.
SEC. 5. Unauthorized Possession of and/or Unauthorized Use of Examination Material. - The unauthorized possession of and/or
unauthorized use, reproduction and/or dissemination in any form of examination materials, in whole or in part, by an individual, either private
or government employee, group or review center, from an unauthorized source, shall be considered an act of cheating and punishable under
this Act.
SEC. 6. Powers and Functions. - To achieve these objectives, the CSC shall have the following powers and functions, in addition to those
provided for under Executive Order No. 292:
(1) Exclusive jurisdiction over administrative cases involving examination irregularities.
(2) Investigate and prosecute on its own or on complaint by any person, any examination irregularity cases that may be committed by private
individuals, groups or review centers.
(3) Request any government agency for assistance and information necessary in the effective discharge of its responsibilities under this Act.
(4) Issue subpoena and subpoena duces tecum for the production of documents and records pertinent to its investigation and inquiries.
(5) Punish for contempt any official, employees, or private individual who refuses without any valid cause to extend assistance and information
necessary in the discharge of its responsibilities under this Act.
(6) Take the primary role in continuously reviewing examinations systems and procedures to ensure that the integrity of such examinations is
not compromised.
SEC. 7. Immunity. - Immunity from prosecution may be granted by the CSC to any person upon whose testimony rests the prosecution
and/or conviction of other individual/s or groups perpetrating examination irregularities.
Those granted immunity shall be exempted from administrative and criminal prosecution.
SEC. 8. Penalties. - Any person who commits any of the prohibited acts covered by Section 3(b) above, shall, upon conviction suffer the
penalty of imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine of not less than Fifty
Thousand Pesos (P50,000.00): Provided, that, if the offender is already a government employee the accessory penalties of dismissal from the
service, forfeiture of government benefits, cancellation of eligibility, bar from taking any government examination, and perpetual
disqualification from re-entering government service shall be imposed: Provided, further, that if the offender is a nongovernment employee,
the accessory penalties of disqualification from taking any government examination and from entering the government service shall be

imposed: Provided, finally, That if the person found guilty is an employee, owner or member of the Board of Directors of a review center, he
shall be likewise penalized as provided in this Act and the license/permit to operate as review centers shall likewise be revoked.
SEC. 9. Administrative Liability. - Any person found administratively liable under any of the acts mentioned above, shall be liable for
serious dishonesty and grave misconduct and shall be dismissed from the service with all the accessory penalties for government employees.
Nongovernment employees found administratively liable shall be perpetually barred from entering government service and from taking any
government examination.
SEC. 10. Implementing Rules and Regulations. - The Civil Service Commission shall promulgate the rules and regulations necessary to
carry out the provisions of this Act.
SEC. 11. Repealing Clause. - All laws, presidential decrees, letters of instructions, executive orders, rules and regulations insofar as they are
inconsistent with this Act are hereby repealed or amended as the case may be.
SEC. 12. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general
circulation.
Approved: MARCH 25, 2007
REPUBLIC ACT No. 3553
AN ACT TO PROHIBIT THE POSSESSION OF DEADLY ARROW
Section 1. Any person who possesses a deadly arrow or "pana" without permit from a city, municipal, or municipal district mayor, shall be
punished by imprisonment for a period of not less than thirty days nor more than six months. The phrase "deadly arrow or 'pana'" as used in
this Act means any arrow or dart that when shot from a blow or slingshot can cause injury or death of a person.
Section 2. Any city, municipal or municipal district mayor may issue a permit to any individual to possess a deadly arrow or "pana" if such is
to be used to earn a livelihood for such individual.
Section 3. This Act shall take effect upon its approval.
Approved: June 21, 1963
BATAS PAMBANSA Blg. 702
AN ACT PROHIBITING THE DEMAND OF DEPOSITS OR ADVANCE PAYMENTS FOR THE CONFINEMENT OR TREATMENT OF PATIENTS
IN HOSPITALS AND MEDICAL CLINICS IN CERTAIN CASES
Section 1. It shall be unlawful for any director, manager or any other officer of a hospital or medical clinic to demand any deposit or any other
form of advance payment for confinement or treatment in such hospital or medical clinic in emergency or serious cases.
Section 2. Any director, manager or any other officer of a hospital or medical clinic who violates Section 1 of this Act shall be punished by a
fine of not less than one thousand pesos but not more than two thousand pesos or imprisonment for not less than fifteen days but not more
than thirty days, or both such fine and imprisonment.
Section 3. Any person convicted under this Act shall not be entitled to probation under the provisions of Presidential Decree No. 968, as
amended, otherwise known as the Probation Law of 1976.
Section 4. The Ministry of Health shall promulgate the necessary rules and regulations to carry out the provisions of this Act.
Section 5. This Act shall take effect upon its approval.
Enacted without executive approval, April 5, 1984.

Republic Act No. 6981


April 24, 1991
AN ACT PROVIDING FOR A WITNESS PROTECTION, SECURITY AND BENEFIT PROGRAM AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Name of Act. - This Act shall be known as the "Witness Protection, Security and Benefit Act".
Section 2. Implementation of Program. - The Department of Justice, hereinafter referred to as the Department, through its Secretary, shall
formulate and implement a "Witness Protection, Security and Benefit Program", hereinafter referred to as the Program, pursuant to and
consistent with the provisions of this Act.
The Department may call upon any department, bureau, office or any other executive agency to assist in the implementation of the Program
and the latter offices shall be under legal duty and obligation to render such assistance.
Section 3. Admission into the Program. - Any person who has witnessed or has knowledge or information on the commission of a crime
and has testified or is testifying or about to testify before any judicial or quasi-judicial body, or before any investigating authority, may be
admitted into the Program:
Provided, That:
a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code, or its equivalent under special
laws;lawphi1
b) his testimony can be substantially corroborated in its material points;
c) he or any member of his family within the second civil degree of consanguinity or affinity is subjected to threats to his life or bodily injury or
there is a likelihood that he will be killed, forced, intimidated, harassed or corrupted to prevent him from testifying, or to testify falsely, or
evasively, because or on account of his testimony; and
d) he is not a law enforcement officer, even if he would be testifying against the other law enforcement officers. In such a case, only the
immediate members of his family may avail themselves of the protection provided for under this Act.
If the Department, after examination of said applicant and other relevant facts, is convinced that the requirements of this Act and its
implementing rules and regulations have been complied with, it shall admit said applicant to the Program, require said witness to execute a
sworn statement detailing his knowledge or information on the commission of the crime, and thereafter issue the proper certification. For
purposes of this Act, any such person admitted to the Program shall be known as the Witness.
Section 4. Witness in Legislative Investigations. - In case of legislative investigations in aid of legislation, a witness, with his express
consent, may be admitted into the Program upon the recommendation of the legislative committee where his testimony is needed when in its
judgment there is pressing necessity therefor: Provided, That such recommendation is approved by the President of the Senate or the Speaker
of the House of Representatives, as the case may be.
Section 5. Memorandum of Agreement With the Person to be Protected. - Before a person is provided protection under this Act, he
shall first execute a memorandum of agreement which shall set forth his responsibilities including:
a) to testify before and provide information to all appropriate law enforcement officials concerning all appropriate proceedings in connection
with or arising from the activities involved in the offense charged;
b) to avoid the commission of the crime;lawphi1
c) to take all necessary precautions to avoid detection by others of the facts concerning the protection provided him under this Act;

d) to comply with legal obligations and civil judgments against him;


e) to cooperate with respect to all reasonable requests of officers and employees of the Government who are providing protection under this
Act; and
f) to regularly inform the appropriate program official of his current activities and address.1awphi1
Section 6. Breach of the Memorandum of Agreement. - Substantial breach of the memorandum of agreement shall be a ground for the
termination of the protection provided under this Act: Provided, however, That before terminating such protection, the Secretary of Justice
shall send notice to the person involved of the termination of the protection provided under this Act, stating therein the reason for such
termination.
Section 7. Confidentiality of Proceedings. - All proceedings involving application for admission into the Program and the action taken
thereon shall be confidential in nature. No information or documents given or submitted in support thereof shall be released except upon
written order of the Department or the proper court.
Any person who violates the confidentiality of said proceedings shall upon conviction be punished with imprisonment of not less than one (1)
year but not more than six (6) years and deprivation of the right to hold a public office or employment for a period of five (5) years.
Section 8. Rights and Benefits. - The witness shall have the following rights and benefits:ITC-ALF
(a) To have a secure housing facility until he has testified or until the threat, intimidation or harassment disappears or is reduced to a
manageable or tolerable level. When the circumstances warrant, the Witness shall be entitled to relocation and/or change of personal identity
at the expense of the Program. This right may be extended to any member of the family of the Witness within the second civil degree of
consanguinity or affinity.
(b) The Department shall, whenever practicable, assist the Witness in obtaining a means of livelihood. The Witness relocated pursuant to this
Act shall be entitled to a financial assistance from the Program for his support and that of his family in such amount and for such duration as
the Department shall determine.
(c) In no case shall the Witness be removed from or demoted in work because or on account of his absences due to his attendance before any
judicial or quasi-judicial body or investigating authority, including legislative investigations in aid of legislation, in going thereto and in coming
therefrom: Provided, That his employer is notified through a certification issued by the Department, within a period of thirty (30) days from the
date when the Witness last reported for work: Provided, further, That in the case of prolonged transfer or permanent relocation, the employer
shall have the option to remove the Witness from employment after securing clearance from the Department upon the recommendation of the
Department of Labor and Employment.
Any Witness who failed to report for work because of witness duty shall be paid his equivalent salaries or wages corresponding to the number
of days of absence occasioned by the Program. For purposes of this Act, any fraction of a day shall constitute a full day salary or wage. This
provision shall be applicable to both government and private employees.
(d) To be provided with reasonable travelling expenses and subsistence allowance by the Program in such amount as the Department may
determine for his attendance in the court, body or authority where his testimony is required, as well as conferences and interviews with
prosecutors or investigating officers.
(e) To be provided with free medical treatment, hospitalization and medicines for any injury or illness incurred or suffered by him because of
witness duty in any private or public hospital, clinic, or at any such institution at the expense of the Program.

(f) If a Witness is killed, because of his participation in the Program, his heirs shall be entitled to a burial benefit of not less than Ten thousand
pesos (P10,000.00) from the Program exclusive of any other similar benefits he may be entitled to under other existing laws.
(g) In case of death or permanent incapacity, his minor or dependent children shall be entitled to free education, from primary to college level
in any state, or private school, college or university as may be determined by the Department, as long as they shall have qualified thereto.
Section 9. Speedy Hearing or Trial. - In any case where a Witness admitted into the Program shall testify, the judicial or quasi-judicial
body, or investigating authority shall assure a speedy hearing or trial and shall endeavor to finish said proceeding within three (3) months
from the filing of the case.
Section 10. State Witness. - Any person who has participated in the commission of a crime and desires to be a witness for the State, can
apply and, if qualified as determined in this Act and by the Department, shall be admitted into the Program whenever the following
circumstances are present:
(a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code or its equivalent under special
laws;
(b) there is absolute necessity for his testimony;
(c) there is no other direct evidence available for the proper prosecution of the offense committed:
(d) his testimony can be substantially corroborated on its material points;
(e) he does not appear to be most guilty; and
(f) he has not at any time been convicted of any crime involving moral turpitude.
An accused discharged from an information or criminal complaint by the court in order that he may be a State Witness pursuant to Section 9
and 10 of Rule 119 of the Revised Rules of Court may upon his petition be admitted to the Program if he complies with the other requirements
of this Act. Nothing in this Act shall prevent the discharge of an accused, so that he can be used as a State Witness under Rule 119 of the
Revised Rules of Court.
Section 11. Sworn Statement. - Before any person is admitted into the Program pursuant to the next preceding Section he shall execute a
sworn statement describing in detail the manner in which the offense was committed and his participation therein. If after said examination of
said person, his sworn statement and other relevant facts, the Department is satisfied that the requirements of this Act and its implementing
rules are complied with, it may admit such person into the Program and issue the corresponding certification.
If his application for admission is denied, said sworn statement and any other testimony given in support of said application shall not be
admissible in evidence, except for impeachment purposes.
Section 12. Effect of Admission of a State Witness into the Program. - The certification of admission into the Program by the
Department shall be given full faith and credit by the provincial or city prosecutor who is required not to include the Witness in the criminal
complaint or information and if included therein, to petition the court for his discharge in order that he can utilized as a State Witness. The
Court shall order the discharge and exclusion of the said accused from the information.
Admission into the Program shall entitle such State Witness to immunity from criminal prosecution for the offense or offenses in which his
testimony will be given or used and all the rights and benefits provided under Section 8 hereof.
Section 13. Failure or Refusal of the Witness to Testify. - Any Witness registered in the Program who fails or refuses to testify or to
continue to testify without just cause when lawfully obliged to do so, shall be prosecuted for contempt. If he testifies falsely or evasively, he
shall be liable to prosecution for perjury. If a State Witness fails or refuses to testify, or testifies falsely or evasively, or violates any condition

accompanying such immunity without just cause, as determined in a hearing by the proper court, his immunity shall be removed and he shall
be subject to contempt or criminal prosecution. Moreover, the enjoyment of all rights and benefits under this Act shall be deemed terminated.
The Witness may, however, purge himself of the contumacious acts by testifying at any appropriate stage of the proceedings.
Section 14. Compelled Testimony. - Any Witness admitted into the Program pursuant to Sections 3 and 10 of this Act cannot refuse to
testify or give evidence or produce books, documents, records or writings necessary for the prosecution of the offense or offenses for which he
has been admitted into the Program on the ground of the constitutional right against self-incrimination but he shall enjoy immunity from
criminal prosecution and cannot be subjected to any penalty or forfeiture for any transaction, matter or thing concerning his compelled
testimony or books, documents, records and writings produced.
In case of refusal of said Witness to testify or give evidence or produce books, documents, records, or writings, on the ground of the right
against self-incrimination, and the state prosecutor or investigator believes that such evidence is absolutely necessary for a successful
prosecution of the offense or offenses charged or under investigation, he, with the prior approval of the department, shall file a petition with
the appropriate court for the issuance of an order requiring said Witness to testify, give evidence or produce the books, documents, records,
and writings described, and the court shall issue the proper order.
The court, upon motion of the state prosecutor or investigator, shall order the arrest and detention of the Witness in any jail contiguous to the
place of trial or investigation until such time that the Witness is willing to give such testimony or produce such documentary evidence.
Section 15. Perjury or Contempt. - No Witness shall be exempt from prosecution for perjury or contempt committed while giving testimony
or producing evidence under compulsion pursuant to this Act. The penalty next higher in degree shall be imposed in case of conviction for
perjury. The procedure prescribed under Rule 71 of the Rules of Court shall be followed in contempt proceedings but the penalty to be imposed
shall not be less than one (1) month but not more than one (1) year imprisonment.
Section 16. Credibility of Witness. - In all criminal cases, the fact of the entitlement of the Witness to the protection and benefits provided
for in this Act shall not be admissible in evidence to diminish or affect his credibility.
Section 17. Penalty for Harassment of Witness. - Any person who harasses a Witness and thereby hinders, delays, prevents or dissuades
a Witness from:
(a) attending or testifying before any judicial or quasi-judicial body or investigating authority;
(b) reporting to a law enforcement officer or judge the commission or possible commission of an offense, or a violation of conditions or
probation, parole, or release pending judicial proceedings;
(c) seeking the arrest of another person in connection with the offense;
(d) causing a criminal prosecution, or a proceeding for the revocation of a parole or probation; or
(e) performing and enjoying the rights and benefits under this Act or attempts to do so, shall be fined not more than Three thousand pesos
(P3,000.00) or suffer imprisonment of not less than six (6) months but not more than one (1) year, or both, and he shall also suffer the penalty
of perpetual disqualification from holding public office in case of a public officer.
Section 18. Rules and Regulations. - The Department shall promulgate such rules and regulations as may be necessary to implement the
intent and purposes of this Act. Said rules and regulations shall be published in two (2) newspapers of general circulation.
Section 19. Repealing Clause. - All laws, decrees, executive issuances, rules and regulations inconsistent with this Act are hereby repealed
or modified accordingly.

Section 20. Funding. - The amount of Ten million pesos (P10,000,000.00) is hereby authorized to be appropriated out of any funds in the
National Treasury not otherwise appropriated to carry into effect the purpose of this Act.
Expenses incurred in the implementation of the Program may be recovered as part of the cost or indemnity imposed upon the accused.
Furthermore, other funding schemes or sources, subject to the limitations of the law, shall be allowed in furtherance hereof.
Section 21. Separability Clause. - The declaration of unconstitutionality or invalidity of any provision of this Act shall not affect the other
provisions hereof.
Section 22. Effectivity. - This Act shall take effect after fifteen (15) days following its publication in two (2) newspapers of general
circulation.
Approved: April 24, 1991la
PRESIDENTIAL DECREE No. 825 November 7, 1975
PROVIDING PENALTY FOR IMPROPER DISPOSAL OF GARBAGE AND OTHER FORMS OF UNCLEANLINESS AND FOR OTHER
PURPOSES
WHEREAS, one of the principal aims of the New Society is to effect social, economic and political reform through discipline and order;
WHEREAS, a healthy citizenry is a vital factor in bringing about these reforms; and
WHEREAS, to attain these objectives it becomes the duty of every citizen and resident of the Philippines to keep his environment or
surroundings clean and wholesome;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby
order and decree:
Section 1. Any provision of existing laws to the contrary notwithstanding, all citizens and residents of the Philippines; all universities, colleges
and schools and other similar institutions, private as well as public; all commercial and industrial establishments such as hotels, restaurants,
hospitals, cinema houses, public markets, department stores, groceries and the like; all public conveyances; all residential houses; and all
other establishments of any kinds, shall undertake the cleaning of their own surroundings, their yards and gardens, as well as the canals,
roads or streets in their immediate premises.
All garbages, filth and other waste matters, shall be placed in the proper receptacles for the disposition thereof by garbage collectors.
Section 2. Any person, who shall litter or throw garbage, filth, or other waste matters in public places, such as roads, canals esteros or parks,
shall suffer an imprisonment of not less than 5 days nor more than one year or a fine of not less than P100 nor more than P2,000.00 or both
such fine and imprisonment at the discretion of the Court or tribunal, without prejudice to the imposition of a higher penalty under any other
law or decree.
If the violator is a corporation, firm, or other corporate entities, the maximum penalty shall be imposed upon the president, manager, director
or persons responsible for its operation.
Section 3. Owners of idle lots in Greater Manila are required to keep their idle lots clean to prevent them from becoming the breeding places
of mosquitos, flies, mice, rats and other scavengers. In the event of their failure or inability to comply with this obligation, the government
shall undertake the cleaning of said lots at the expense of the owners. The government may, through the Barangay Council, further utilize the
land for its food production program.

Section 4. The Secretary of Public Works, Transportation and Communications, with the assistance of health officials and local governments
concerned, shall supervise the implementation of this Decree.
Section 5. All provisions of laws, decrees, order or regulations inconsistent herewith are hereby amended or modified accordingly.
Section 6. This Decree shall take effect immediately.
Done in the City of Manila, this 7th day of November, in the year of Our Lord, nineteen hundred and seventy-five.
REPUBLIC ACT NO. 9160
September 29, 2001
AN ACT DEFINING THE CRIME OF MONEY LAUNDERING, PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. This Act shall be known as the "Anti-Money Laundering Act of 2001."
Section 2. Declaration of Policy. It is hereby declared the policy of the State to protect and preserve the integrity and confidentiality of bank
accounts and to ensure that the Philippines shall not be used as a money laundering site for the proceeds of any unlawful activity. Consistent
with its foreign policy, the State shall extend cooperation in transnational investigations and prosecutions of persons involved in money
laundering activities whenever committed.
Section 3. Definitions. For purposes of this Act, the following terms are hereby defined as follows:
(a) "Covered Institution" refers to:
(1) banks, non-banks, quasi-banks, trust entities, and all other institutions and their subsidiaries and affiliates supervised or regulated by the
Bangko Sentral ng Pilipinas (BSP);
(2) Insurance companies and all other institutions supervised or regulated by the Insurance Commission; and
(3) (i) securities dealers, brokers, salesmen, investment houses and other similar entities managing securities or rendering services as
investment agent, advisor, or consultant, (ii) mutual funds, close and investment companies, common trust funds, pre-need companies and
other similar entities, (iii) foreign exchange corporations, money changers, money payment, remittance, and transfer companies and other
similar entities, and (iv) other entities administering or otherwise dealing in currency, commodities or financial derivatives based thereon,
valuable objects, cash substitutes and other similar monetary instruments or property supervised or regulated by Securities and Exchange
Commission.
(b) "Covered transaction" is a single, series, or combination of transactions involving a total amount in excess of Four million Philippine
pesos (Php4,000,000.00) or an equivalent amount in foreign currency based on the prevailing exchange rate within five (5) consecutive
banking days except those between a covered institution and a person who, at the time of the transaction was a properly identified client and
the amount is commensurate with the business or financial capacity of the client; or those with an underlying legal or trade obligation,
purpose, origin or economic justification.
It likewise refers to a single, series or combination or pattern of unusually large and complex transactions in excess of Four million Philippine
pesos (Php4,000,000.00) especially cash deposits and investments having no credible purpose or origin, underlying trade obligation or
contract.
(c) "Monetary Instrument" refers to:
(1) coins or currency of legal tender of the Philippines, or of any other country;
(2) drafts, checks and notes;

(3) securities or negotiable instruments, bonds, commercial papers, deposit certificates, trust certificates, custodial receipts or deposit
substitute instruments, trading orders, transaction tickets and confirmations of sale or investments and money marked instruments; and
(4) other similar instruments where title thereto passes to another by endorsement, assignment or delivery.
(d) "Offender" refers to any person who commits a money laundering offense.
(e) "Person" refers to any natural or juridical person.
(f) "Proceeds" refers to an amount derived or realized from an unlawful activity.
(g) "Supervising Authority" refers to the appropriate supervisory or regulatory agency, department or office supervising or regulating the
covered institutions enumerated in Section 3(a).
(h) "Transaction" refers to any act establishing any right or obligation or giving rise to any contractual or legal relationship between the
parties thereto. It also includes any movement of funds by any means with a covered institution.
(l) "Unlawful activity" refers to any act or omission or series or combination thereof involving or having relation to the following:
(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised Penal Code, as amended;
(2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of Republic Act No. 6425, as amended, otherwise known as the Dangerous Drugs Act of 1972;
(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended; otherwise known as the Anti-Graft and Corrupt Practices
Act;
(4) Plunder under Republic Act No. 7080, as amended;
(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised Penal Code, as amended;
(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602;
(7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential Decree No. 532;
(8) Qualified theft under, Article 310 of the Revised Penal Code, as amended;
(9) Swindling under Article 315 of the Revised Penal Code, as amended;
(10) Smuggling under Republic Act Nos. 455 and 1937;
(11) Violations under Republic Act No. 8792, otherwise known as the Electronic Commerce Act of 2000;
(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and murder, as defined under the Revised Penal Code, as
amended, including those perpetrated by terrorists against non-combatant persons and similar targets;
(13) Fraudulent practices and other violations under Republic Act No. 8799, otherwise known as the Securities Regulation Code of 2000;
(14) Felonies or offenses of a similar nature that are punishable under the penal laws of other countries.
Section 4. Money Laundering Offense. Money laundering is a crime whereby the proceeds of an unlawful activity are transacted, thereby
making them appear to have originated from legitimate sources. It is committed by the following:
(a) Any person knowing that any monetary instrument or property represents, involves, or relates to the proceeds of any unlawful activity,
transacts or attempts to transact said monetary instrument or property.
(b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fails to perform
any act as a result of which he facilitates the offense of money laundering referred to in paragraph (a) above.
(c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed and filed with the Anti-Money
Laundering Council (AMLC), fails to do so.

Section 5. Jurisdiction of Money Laundering Cases. The regional trial courts shall have jurisdiction to try all cases on money laundering.
Those committed by public officers and private persons who are in conspiracy with such public officers shall be under the jurisdiction of the
Sandiganbayan.
Section 6. Prosecution of Money Laundering.
(a) Any person may be charged with and convicted of both the offense of money laundering and the unlawful activity as herein defined.
(b) Any proceeding relating to the unlawful activity shall be given precedence over the prosecution of any offense or violation under this Act
without prejudice to the freezing and other remedies provided.
Section 7. Creation of Anti-Money Laundering Council (AMLC). The Anti-Money Laundering Council is hereby created and shall be composed
of the Governor of the Bangko Sentral ng Pilipinas as chairman, the Commissioner of the Insurance Commission and the Chairman of the
Securities and Exchange Commission as members. The AMLC shall act unanimously in the discharge of its functions as defined hereunder:
(1) to require and receive covered transaction reports from covered institutions;
(2) to issue orders addressed to the appropriate Supervising Authority or the covered institution to determine the true identity of the owner of
any monetary instrument or property subject of a covered transaction report or request for assistance from a foreign State, or believed by the
Council, on the basis of substantial evidence to be in whole or in part, whenever located, representing, involving, or related to, directly or
indirectly, in any manner or by any means, the proceeds of an unlawful activity;
(3) to institute civil forfeiture proceedings and all other remedial proceedings through the Office of the Solicitor General;
(4) to cause the filing of complaints with the Department of Justice or the Ombudsman for the prosecution of money laundering offenses;
(5) to initiate investigations of covered transactions, money laundering activities and other violations of this Act;
(6) to freeze any monetary instrument or property alleged to be proceed of any unlawful activity;
(7) to implement such measures as may be necessary and justified under this Act to counteract money laundering;
(8) to receive and take action in respect of, any request from foreign states for assistance in their own anti-money laundering operations
provided in this Act;
(9) to develop educational programs on the pernicious effects of money laundering, the methods and techniques used in money laundering,
the viable means of preventing money laundering and the effective ways of prosecuting and punishing offenders; and
(10) to enlist the assistance of any branch, department, bureau, office, agency or instrumentality of the government, including governmentowned and controlled corporations, in undertaking any and all anti-money laundering operations, which may include the use of its personnel,
facilities and resources for the more resolute prevention, detection and investigation of money laundering offenses and prosecution of
offenders.
Section 8. Creation of a Secretariat. The AMLC is hereby authorized to establish a secretariat to be headed by an Executive Director who
shall be appointed by the Council for a term of five (5) years. He must be a member of the Philippine Bar, at least thirty-five (35) years of age
and of good moral character, unquestionable integrity and known probity. All members of the Secretariat must have served for at least five (5)
years either in the Insurance Commission, the Securities and Exchange Commission or the Bangko Sentral ng Pilipinas (BSP) and shall hold fulltime permanent positions within the BSP.
Section 9. Prevention of Money Laundering; Customer Identification Requirements and Record Keeping.

(a) Customer Identification, - Covered institutions shall establish and record the true identity of its clients based on official documents. They
shall maintain a system of verifying the true identity of their clients and, in case of corporate clients, require a system of verifying their legal
existence and organizational structure, as well as the authority and identification of all persons purporting to act on their behalf.
The provisions of existing laws to the contrary notwithstanding, anonymous accounts, accounts under fictitious names, and all other similar
accounts shall be absolutely prohibited. Peso and foreign currency non-checking numbered accounts shall be allowed. The BSP may conduct
annual testing solely limited to the determination of the existence and true identity of the owners of such accounts.
(b) Record Keeping All records of all transactions of covered institutions shall be maintained and safely stored for five (5) years from the
date of transactions. With respect to closed accounts, the records on customer identification, account files and business correspondence, shall
be preserved and safety stored for at least five (5) years from the dates when they were closed.
(c) Reporting of Covered Transactions. Covered institutions shall report to the AMLC all covered transactions within five (5) working days
from occurrence thereof, unless the Supervising Authority concerned prescribes a longer period not exceeding ten (10) working days.
When reporting covered transactions to the AMLC, covered institutions and their officers, employees, representatives, agents, advisors,
consultants or associates shall not be deemed to have violated Republic Act No. 1405, as amended; Republic Act No. 6426, as amended;
Republic Act No. 8791 and other similar laws, but are prohibited from communicating, directly or indirectly, in any manner or by any means, to
any person the fact that a covered transaction report was made, the contents thereof, or any other information in relation thereto. In case of
violation thereof, the concerned officer, employee, representative, agent, advisor, consultant or associate of the covered institution, shall be
criminally liable. However, no administrative, criminal or civil proceedings, shall lie against any person for having made a covered transaction
report in the regular performance of his duties and in good faith, whether or not such reporting results in any criminal prosecution under this
Act or any other Philippine law.
When reporting covered transactions to the AMLC, covered institutions and their officers, employees, representatives, agents, advisors,
consultants or associates are prohibited from communicating, directly or indirectly, in any manner or by any means, to any person, entity, the
media, the fact that a covered transaction report was made, the contents thereof, or any other information in relation thereto. Neither may
such reporting be published or aired in any manner or form by the mass media, electronic mail, or other similar devices. In case of violation
thereof, the concerned officer, employee, representative, agent, advisor, consultant or associate of the covered institution, or media shall be
held criminally liable.
Section 10. Authority to Freeze. Upon determination that probable cause exists that any deposit or similar account is in any way related to
an unlawful activity, the AMLC may issue a freeze order, which shall be effective immediately, on the account for a period not exceeding
fifteen (15) days. Notice to the depositor that his account has been frozen shall be issued simultaneously with the issuance of the freeze order.
The depositor shall have seventy-two (72) hours upon receipt of the notice to explain why the freeze order should be lifted. The AMLC has
seventy-two (72) hours to dispose of the depositor's explanation. If it falls to act within seventy-two (72) hours from receipt of the depositor's
explanation, the freeze order shall automatically be dissolved. The fifteen (15)-day freeze order of the AMLC may be extended upon order of
the court, provided that the fifteen (15)-day period shall be tolled pending the court's decision to extend the period.
No court shall issue a temporary restraining order or writ of injunction against any freeze order issued by the AMLC except the Court of
Appeals or the Supreme Court.
Section 11. Authority to inquire into Bank Deposits. Notwithstanding the provisions of Republic Act No. 1405, as amended; Republic Act No.
6426, as amended; Republic Act No. 8791, and other laws, the AMLC may inquire into or examine any particular deposit or investment with

any banking institution or non-bank financial institution upon order of any competent court in cases of violation of this Act when it has been
established that there is probable cause that the deposits or investments involved are in any way related to a money laundering
offense: Provided, That this provision shall not apply to deposits and investments made prior to the effectivity of this Act.
Section 12. Forfeiture Provisions.
(a) Civil Forfeiture. When there is a covered transaction report made, and the court has, in a petition filed for the purpose ordered seizure
of any monetary instrument or property, in whole or in part, directly or indirectly, related to said report, the Revised Rules of Court on civil
forfeiture shall apply.
(b) Claim on Forfeited Assets. Where the court has issued an order of forfeiture of the monetary instrument or property in a criminal
prosecution for any money laundering offense defined under Section 4 of this Act, the offender or any other person claiming an interest
therein may apply, by verified petition, for a declaration that the same legitimately belongs to him and for segregation or exclusion of the
monetary instrument or property corresponding thereto. The verified petition shall be filed with the court which rendered the judgment of
conviction and order of forfeiture, within fifteen (15) days from the date of the order or forfeiture, in default of which the said order shall
become final and executory. This provision shall apply in both civil and criminal forfeiture.
(c) Payment in Lieu of Forfeiture. Where the court has issued an order of forfeiture of the monetary instrument or property subject of a
money laundering offense defined under Section 4, and said order cannot be enforced because any particular monetary instrument or
property cannot, with due diligence, be located, or it has been substantially altered, destroyed, diminished in value or otherwise rendered
worthless by any act or omission, directly or indirectly, attributable to the offender, or it has been concealed, removed, converted or otherwise
transferred to prevent the same from being found or to avoid forfeiture thereof, or it is located outside the Philippines or has been placed or
brought outside the jurisdiction of the court, or it has been commingled with other monetary instruments or property belonging to either the
offender himself or a third person or entity, thereby rendering the same difficult to identify or be segregated for purposes of forfeiture, the
court may, instead of enforcing the order of forfeiture of the monetary instrument or property or part thereof or interest therein, accordingly
order the convicted offender to pay an amount equal to the value of said monetary instrument or property. This provision shall apply in both
civil and criminal forfeiture.
Section 13. Mutual Assistance among States.
(a) Request for Assistance from a Foreign State. Where a foreign State makes a request for assistance in the investigation or
prosecution of a money laundering offense, the AMLC may execute the request or refuse to execute the same and inform the foreign State of
any valid reason for not executing the request or for delaying the execution thereof. The principles of mutuality and reciprocity shall, for this
purpose, be at all times recognized.
(b) Power of the AMLC to Act on a Request for Assistance from a Foreign State. The AMLC may execute a request for assistance
from a foreign State by: (1) tracking down, freezing, restraining and seizing assets alleged to be proceeds of any unlawful activity under the
procedures laid down in this Act; (2) giving information needed by the foreign State within the procedures laid down in this Act; and (3)
applying for an order of forfeiture of any monetary instrument or property in the court: Provided, That the court shall not issue such an order
unless the application is accompanied by an authenticated copy of the order of a court in the requesting State ordering the forfeiture of said
monetary instrument or properly of a person who has been convicted of a money laundering offense in the requesting State, and a
certification of an affidavit of a competent officer of the requesting State stating that the conviction and the order of forfeiture are final and
then no further appeal lies in respect or either.

(c) Obtaining Assistance from Foreign States. The AMLC may make a request to any foreign State for assistance in (1) tracking down,
freezing, restraining and seizing assets alleged to be proceeds of any unlawful activity; (2) obtaining information that it needs relating to any
covered transaction, money laundering offense or any other matter directly or indirectly, related thereto; (3) to the extent allowed by the law
of the Foreign State, applying with the proper court therein for an order to enter any premises belonging to or in the possession or control of,
any or all of the persons named in said request, and/or search any or all such persons named therein and/or remove any document, material
or object named in said request:Provided, That the documents accompanying the request in support of the application have been duly
authenticated in accordance with the applicable law or regulation of the foreign State; and (4) applying for an order of forfeiture of any
monetary instrument or property in the proper court in the foreign State:Provided, That the request is accompanied by an authenticated copy
of the order of the regional trial court ordering the forfeiture of said monetary instrument or property of a convicted offender and an affidavit
of the clerk of court stating that the conviction and the order of forfeiture are final and that no further appeal lies in respect of either.
(d) Limitations on Request for Mutual Assistance. The AMLC may refuse to comply with any request for assistance where the action
sought by the request contravenes any provision of the Constitution or the execution of a request is likely to prejudice the national interest of
the Philippines unless there is a treaty between the Philippines and the requesting State relating to the provision of assistance in relation to
money laundering offenses.
(e) Requirements for Requests for Mutual Assistance from Foreign State. A request for mutual assistance from a foreign State must
(1) confirm that an investigation or prosecution is being conducted in respect of a money launderer named therein or that he has been
convicted of any money laundering offense; (2) state the grounds on which any person is being investigated or prosecuted for money
laundering or the details of his conviction; (3) gives sufficient particulars as to the identity of said person; (4) give particulars sufficient to
identity any covered institution believed to have any information, document, material or object which may be of assistance to the
investigation or prosecution; (5) ask from the covered institution concerned any information, document, material or object which may be of
assistance to the investigation or prosecution; (6) specify the manner in which and to whom said information, document, material or object
detained pursuant to said request, is to be produced; (7) give all the particulars necessary for the issuance by the court in the requested State
of the writs, orders or processes needed by the requesting State; and (8) contain such other information as may assist in the execution of the
request.
(f) Authentication of Documents. For purposes of this Section, a document is authenticated if the same is signed or certified by a judge,
magistrate or equivalent officer in or of, the requesting State, and authenticated by the oath or affirmation of a witness or sealed with an
official or public seal of a minister, secretary of State, or officer in or of, the government of the requesting State, or of the person administering
the government or a department of the requesting territory, protectorate or colony. The certificate of authentication may also be made by a
secretary of the embassy or legation, consul general, consul, vice consul, consular agent or any officer in the foreign service of the Philippines
stationed in the foreign State in which the record is kept, and authenticated by the seal of his office.
(g) Extradition. The Philippines shall negotiate for the inclusion of money laundering offenses as herein defined among extraditable
offenses in all future treaties.
Section 14. Penal Provisions.
(a) Penalties for the Crime of Money Laundering. The penalty of imprisonment ranging from seven (7) to fourteen (14) years and a fine of
not less than Three million Philippine pesos (Php 3,000,000.00) but not more than twice the value of the monetary instrument or property
involved in the offense, shall be imposed upon a person convicted under Section 4(a) of this Act.

The penalty of imprisonment from four (4) to seven (7) years and a fine of not less than One million five hundred thousand Philippine pesos
(Php 1,500,000.00) but not more than Three million Philippine pesos (Php 3,000,000.00), shall be imposed upon a person convicted under
Section 4(b) of this Act.
The penalty of imprisonment from six (6) months to four (4) years or a fine of not less than One hundred thousand Philippine pesos (Php
100,000.00) but not more than Five hundred thousand Philippine pesos (Php 500,000.00), or both, shall be imposed on a person convicted
under Section 4(c) of this Act.
(b) Penalties for Failure to Keep Records. The penalty of imprisonment from six (6) months to one (1) year or a fine of not less than One
hundred thousand Philippine pesos (Php 100,000.00) but not more than Five hundred thousand Philippine pesos (Php 500,000.00), or both,
shall be imposed on a person convicted under Section 9(b) of this Act.
(c) Malicious Reporting. Any person who, with malice, or in bad faith, report or files a completely unwarranted or false information relative
to money laundering transaction against any person shall be subject to a penalty of six (6) months to four (4) years imprisonment and a fine of
not less than One hundred thousand Philippine pesos (Php 100,000.00) but not more than Five hundred thousand Philippine pesos (Php
500,000.00), at the discretion of the court: Provided, That the offender is not entitled to avail the benefits of the Probation Law.
If the offender is a corporation, association, partnership or any juridical person, the penalty shall be imposed upon the responsible officers, as
the case may be, who participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its commission.
If the offender is a juridical person, the court may suspend or revoke its license. If the offender is an alien, he shall, in addition to the penalties
herein prescribed, be deported without further proceedings after serving the penalties herein prescribed. If the offender is a public official or
employee, he shall, in addition to the penalties prescribed herein, suffer perpetual or temporary absolute disqualification from office, as the
case may be;
Any public official or employee who is called upon to testify and refuses to do the same or purposely fails to testify shall suffer the same
penalties prescribed herein.
(d) Breach of Confidentiality. The punishment of imprisonment ranging from three (3) to eight (8) years and a fine of not less than Five
hundred thousand Philippine pesos (Php 500,000.00) but not more than One million Philippine pesos (Php 1,000,000.00), shall be imposed on
a person convicted for a violation under Section 9(c).
Section 15. System of Incentives and Rewards. A system of special incentives and rewards is hereby established to be given to the
appropriate government agency and its personnel that led and initiated an investigation, prosecution and conviction of persons involved in the
offense penalized in Section 4 of this Act.
Section 16. Prohibitions Against Political Harassment. This Act shall not be used for political prosecution or harassment or as an instrument
to hamper competition in trade and commerce.
No case for money laundering may be filed against and no assets shall be frozen, attached or forfeited to the prejudice of a candidate for an
electoral office during an election period.
Section 17. Restitution. Restitution for any aggrieved party shall be governed by the provisions of the New Civil Code.
Section 18. Implementing Rules and Regulations. Within thirty (30) days from the effectivity of this Act, the Bangko Sentral ng Pilipinas, the
Insurance Commission and the Securities and Exchange Commission shall promulgate the rules and regulations to implement effectivity the
provisions of this Act. Said rules and regulations shall be submitted to the Congressional Oversight Committee for approval.

Covered institutions shall formulate their respective money laundering prevention programs in accordance with this Act including, but not
limited to, information dissemination on money laundering activities and its prevention, detection and reporting, and the training of
responsible officers and personnel of covered institutions.
Section 19. Congressional Oversight Committee. There is hereby created a Congressional Oversight Committee composed of seven (7)
members from the Senate and seven (7) members from the House of Representatives. The members from the Senate shall be appointed by
the Senate President based on the proportional representation of the parties or coalitions therein with at least two (2) Senators representing
the minority. The members from the House of Representatives shall be appointed by the Speaker also based on proportional representation of
the parties or coalitions therein with at least two (2) members representing the minority.
The Oversight Committee shall have the power to promulgate its own rules, to oversee the implementation of this Act, and to review or revise
the implementing rules issued by the Anti-Money Laundering Council within thirty (30) days from the promulgation of the said rules.
Section 20. Appropriations Clause. The AMLC shall be provided with an initial appropriation of Twenty-five million Philippine pesos (Php
25,000,000.00) to be drawn from the national government. Appropriations for the succeeding years shall be included in the General
Appropriations Act.
Section 21. Separability Clause. If any provision or section of this Act or the application thereof to any person or circumstance is held to be
invalid, the other provisions or sections of this Act, and the application of such provision or section to other persons or circumstances, shall not
be affected thereby.
Section 22. Repealing Clause. All laws, decrees, executive orders, rules and regulations or parts thereof, including the relevant provisions of
Republic Act No. 1405, as amended; Republic Act No. 6426, as amended; Republic Act No. 8791, as amended and other similar laws, as are
inconsistent with this Act, are hereby repealed, amended or modified accordingly.
Section 23. Effectivity. This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2)
national newspapers of general circulation.
The provisions of this Act shall not apply to deposits and investments made prior to its effectivity.
Republic Act No. 8239
Philippine Passport Act of 1996
SECTION 1. Short Title. This Act will be called as the "Philippine Passport Act of 1996."
SECTION 2. Statement of Policy. The people's constitutional right to travel is inviolable. Accordingly, the government has the duty to
issue passport or any travel document to any citizen of the Philippines or individual who complies with the requirement of this Act. The right to
travel may be impaired only when national security, public safety, or public health requires. To enhance and protect the unimpaired exercise of
this right, only minimum requirements for the application and issuance of passports and other travel documents shall be prescribed. Action on
such application and the issuance shall be expedited.
SECTION 3. Definitions. As used in this Act:
a) Department means the Department of Foreign Affairs;
b) Secretary means the Secretary of Foreign Affairs;
c) Post means a Philippine diplomatic and consular post such as an Embassy or Consulate;
d) Passport means a document issued by the Philippine government to its citizens and requesting other governments to allow its citizens to
pass safely and freely, and in case of need to give him/her all lawful aid and protection;

e) Travel Document means a certification or identifying document containing the description and other personal circumstances of its bearer,
issued for direct travel to and from the Philippines valid for short periods or a particular trip. It is issued only to persons whose claim to
Philippine citizenship is doubtful or who fall under the category enumerated in Section 13 of this Act;
f) Supporting Documents mean any paper or document which is required to be submitted with the passport application supporting claims to
Filipino citizenship to complete the application for a passport without which such application would be deemed incomplete or otherwise
become subject to denial by the issuing authority;
g) Ambassadors mean those who have been appointed as chiefs of mission and have served as Ambassador Extraordinary and Plenipotentiary.
SECTION 4. Authority to Issue, Deny, Restrict or Cancel. Upon the application of any qualified Filipino citizen, the Secretary of Foreign
Affairs or any of his authorized consular officer may issue passports in accordance with this Act.
Philippine consular officers in a foreign country shall be authorized by the Secretary to issue, verify, restrict, cancel or refuse a passport in the
area of jurisdiction of the Post in accordance with the provisions of this Act.
In the interest of national security, public safety and public health, the Secretary or any of the authorized consular officers may, after due
hearing and in their proper discretion, refuse to issue a passport, or restrict its use or withdraw or cancel a passport: Provided, however, That
such act shall not mean a loss or doubt on the person's citizenship: Provided, further, That the issuance of a passport may not be denied if the
safety and interest of the Filipino citizen is at stake: Provided, finally, That refusal or cancellation of a passport would not prevent the issuance
of a Travel Document to allow for a safe return journey by a Filipino to the Philippines. cdtai
SECTION 5. Requirements for the Issuance of Passport. No passport shall be issued to an applicant unless the Secretary or his duly
authorized representative is satisfied that the applicant is a Filipino citizen who has complied with the following requirements:
a) A duly accomplished application form and photographs of such number, size and style as may be prescribed by the Department;
b) The birth certificate duly issued or authenticated by the Office of the Civil Registrar General: Provided, however, That if the birth of the
applicant has not been registered yet, or if his birth certificate is destroyed, damaged, or not available due to other causes, he shall apply for
delayed registration of his birth with the Office of the Civil Registrar General which shall issue to said applicant a certification of pending
application for delayed registration of birth attaching thereto a copy of an accomplished certificate of live birth. Such certification and the
accomplished certificate of live birth shall be sufficient to support an application for passport in addition to other papers which the Department
may require from the applicant;
c) In the absence of a birth certificate, a baptismal certificate for those who are members of a Christian religious, or similar or equivalent
certificate issued by a non-Christian religious group, attesting to the applicant's having been admitted to such religious group or set at an
early age and where it is indicated that the applicant is a Filipino citizen, which should be accompanied by a joint affidavit by two (2) persons
who have personal knowledge of the applicant and of such age as to credibly state the applicant's date and place of birth, citizenship, and
names of parents: Provided, That Filipinos who do not believe in any religion and whose parents for any reason failed to have the said
applicant baptized shall be exempted from the baptismal certificate requirement: Provided, further, That in lieu thereof, the applicant shall
execute an affidavit to that effect duly corroborated by affidavit of at least two (2) persons of good reputation who personally know such fact:
d) In case of a woman who is married, separated, divorced or widowed or whose marriage has been annulled or declared by court as void, a
copy of the certificate of marriage, court decree of separation, divorce or annulment or certificate of death of the deceased spouse duly issued
and authenticated by the Office of the Civil Registrar General: Provided, That in case of a divorce decree, annulment or declaration of marriage

as void, the woman applicant may revert to the use of her maiden name: Provided, further, That such divorce is recognized under existing
laws of the Philippines;
e) In the case of naturalized citizens, a certified copy of the naturalization certificate; or a certified naturalization certificate of husband or
parent duly issued and authenticated by the Office of the Civil Registrar General if citizenship is claimed through naturalization of spouse or
parent;
f) For an applicant who has not reached the age of majority, an affidavit of consent from a parent as indicated in the passport application if the
minor is travelling with either parent, and a clearance from the Department of Social Welfare and Development, if the minor is travelling with a
legal guardian or a person other than a parent;
g) If the applicant is an adopted person, the duly certified copy of court order of adoption, together with the original and amended birth
certificates duly issued and authenticated by the Office of the Civil Registrar General shall be presented: Provided, That in case the adopted
person is an infant or a minor or the applicant is for adoption by foreign parents, an authority from the Department of Social Welfare and
Development shall be required: Provided, further, That the adopting foreign parents shall also submit a certificate from their embassy or
consulate that they are qualified to adopt such infant or minor child;
h) In her case of discrepancy between the applicant's name in the birth certificate and in any other private documents, the former shall prevail
over the latter unless by operation of law or through court order, the applicant is permitted to use name other than what is officially recorded
in the Civil Register; and
i) If the applicant is a government employee, the travel authority issued by the head of department, agency or office, may be required only if
said applicant is applying for an official passport.
SECTION 6. Application. The application may be filed by:
a) The application himself or herself; or
b) The parent or legal guardian on behalf of an applicant who is below the age of majority.
In case of first time applicants, the applicant must present himself/herself in person to prove that he or she is the same person and of the age
claimed in the application form. In case of renewal the application may be filed by any licensed travel agency duly accredited by the
Department of Foreign Affairs: Provided, That the agent shall be responsible for the authenticity or bona fide of the supporting documents
being presented to meet the requirements for the application of passports.
SECTION 7. Types of Passports. The Secretary or the authorized representative or consular officer may issue the following types of
passports:
a) Diplomatic passport for persons imbued with diplomatic status or are on diplomatic mission such as:
1. The President and former Presidents of the Republic of the Philippines;
2. The Vice-President and former Vice-Presidents of the Republic of the Philippines;
3. The Senate President and the Speaker of the House of Representatives;
4. The Chief Justice of the Supreme Court;
5. The Cabinet Secretaries, and the Undersecretaries and Assistant Secretaries of the Department of Foreign Affairs;
6. Ambassadors, Foreign Service Officers of all ranks in the career diplomatic service; Attaches, and members of their families;
7. Members of the Congress when on official mission abroad or as delegates to international conferences;

8. The Governor of the Bangko Sentral ng Pilipinas and delegates to international or regional conferences when on official mission or accorded
full powers by the President; and
9. Spouses and unmarried minor-children of the above-mentioned officials when accompanying or following to join them in an official mission
abroad.
The President of the Philippines and the Secretary of the Department of Foreign Affairs may grant diplomatic passports to officials and persons
other than those enumerated herein who are on official mission abroad.
b) Official Passport to be issued to all government officials and employees on official trip abroad but who are not on a diplomatic mission or
delegates to international or regional conferences or have not been accorded diplomatic status such as:
1. Undersecretaries and Assistant Secretaries of the Cabinet other than the Department of Foreign Affairs, the Associate Justices and other
members of the Judiciary, members of the Congress and all other government officials and employees travelling on official business and
official time;
2. Staff officers and employees of the Department of Foreign Affairs assigned to diplomatic and consular posts and officers and representatives
of other government departments and agencies assigned abroad;
3. Persons in the domestic service and household members of officials assigned to diplomatic or consular posts;
4. Spouses and unmarried minor children of the officials mentioned above when accompanying or following to join them.
c) Regular Passport issued to Filipino citizens who are not eligible or entitled to diplomatic or official passports, including government officials
or employees going abroad for pleasure or other personal reasons. Government officials and employees and members of their families may,
during their incumbency in office, hold two passports simultaneously; (1) a regular passport for private travel; (2) a diplomatic or official
passport when travelling abroad on diplomatic or official business. The wife and minor children of persons entitled to a diplomatic or official
passport shall be issued regular passports, if they are not accompanying or following to join them.
SECTION 8. Grounds for Denial, Cancellation or Restrictions. The application for passport may be denied, cancelled or restricted only
on the following grounds:
a) Denial of Passport
1. On orders of the court, after due notice and hearing, to hold the departure of an applicant because of a pending criminal case:
2. When so requested by the natural or legal guardian, if the applicant is a minor;
3. When the applicant has been found to have violated any of the provisions of this Act;
4. Such other disqualification under existing laws.
b) Cancellation
1. When the holder is a fugitive from justice;
2. When the holder has been convicted of a criminal offense; Provided, That the passport may be restored after service of sentence; or
3. When a passport was acquired fraudulently or tampered with.
c) Restricted
1. When the country of destination is in a state of political instability which could pose a danger to the Filipino traveler.
2. When diplomatic ties have been fractured or severed with the Philippines;
3. When the country of destination is subject to travel restriction by government policy, enforcement of action by the United Nations or in a
state of war.

SECTION 9. Appeal. Any person who feels aggrieved as a result of the application of this Act of the implementing rules and regulations
issued by the Secretary shall have the right to appeal to the Secretary of Foreign Affairs from whose decision judicial review may be had to the
Courts in due course.
SECTION 10. Validity. Regular passports issued under this Act shall be valid for a period of five (5) years: Provided, however, That the
issuing authority may limit the period of validity to less than five (5) years; whenever in the national economic interest or political stability of
the country such restriction is necessary: Provided, finally, That a new passport may be issued to replace one which validity has expired, the
old passport being returned to the holder after cancellation.
SECTION 11. Ownership of Passports. A Philippine passport remains at all times the property of the Government, the holder being a
mere possessor thereof as long as it is valid and the same may not be surrendered to any person or entity other than the government or its
representative: Provided, That a Filipino citizen may voluntarily surrender his/her passport to a Philippine Service Post for storage and
safekeeping for which a proper receipt shall be issued for use when reclaiming the passport at a later date.
SECTION 12. Names and Titles. The passport shall contain the full name of the applicant, but shall not include his title or titles or
profession or job description. If an applicant's name is changed by order of the court, a certified copy of the court order or decree shall be
submitted together with the birth certificate or old passport on application.
SECTION 13. Travel Documents. A travel document, in lieu of a passport, may be issued to:
a) A Filipino citizen returning to the Philippines who for one reason or another has lost his/her passport or cannot be issued a regular passport;
b) A Filipino citizen being sent back to the Philippines;
c) An alien spouse of a Filipino and their dependents who have not yet been naturalized as a Filipino and who are travelling to the Philippines
or is a permanent resident of the Philippines;
d) Aliens permanently residing in the Philippines who are not able to obtain foreign passport and other travel documents;
e) A stateless person who is likewise a permanent resident, or a refugee granted such status or asylum in the Philippines.
SECTION 14. Amendments. A passport may be amended at the request of the holder for any lawful purpose, but such amendment should
be approved by the Secretary or his duly authorized diplomatic or consular officers.
Diplomatic and official passports shall be submitted for revalidation before each departure of the holder.
SECTION 15. Loss or Destruction. The loss or destination of a passport should be immediately reported to the Department or the Post.
The holder of such passport shall submit to the Department or Post an affidavit stating in detail the circumstances of such loss or destruction.
The holder of such a passport who is in the Philippines, should also furnish the National Bureau of Investigation and the Bureau of Immigration
copies of the affidavit. For those who are abroad, copies of the affidavit will be forwarded by the Post to the Department's Office of Consular
Services, and in coordination with the Office of Legal and Intelligence Services, shall transmit a copy of the affidavit to the National Bureau of
Investigation and Bureau of Immigration. The transmittal of the affidavit shall be accompanied by a request for the confiscation of the said
passport if found, and to investigate or detain if necessary, the person attempting to use or has used the passport. All Posts will be informed of
the lost passport, including pertinent information on the passport and the circumstances of loss.
No new passport shall be issued until satisfactory proof is shown that the passport was actually lost and after the lapse of fifteen (15) days
following the date of submission of the affidavit of loss is herein required: Provided, however, That in the case of a passport reported lost be a
Filipino travelling abroad, the Consulate may waive the fifteen (15) days requirement if the loss has been proven to the Consular Official's
satisfaction: Provided, further, That in case the Filipino who reported a loss of passport is returning to the Philippines, the holder may be issued

a Travel Document: Provided, finally, That in the event the lost passport is found, it should be destroyed if a replacement has been issued, or
mailed to the holder who was issued a Travel Document.
In all cases, the head of Office of Consular Services or the head of the Consular Section of an Embassy or the Consul General of a consulate
may, upon his discretion, waive the fifteen (15)-day waiting period.
SECTION 16. Fees. Reasonable fees shall be collected for the processing, issuance, extension, amendment or replacement of a lost
passport and the issuance of a Travel Document as may be determined by the Department: Provided, however, That any fee shall not be
increased more than once every three (3) years.
SECTION 17. Passport Revolving Fund. The Department may charge a service fee of not more than Two Hundred Fifty Pesos (P250) for
such service rendered to applicants relating to the processing and issuance of passports requiring special consideration, waiver or issuance
beyond regular office hours. The service fees received by the Department under this section shall constitute a revolving fund to be called the
"President Revolving Fund" which may be utilized by the Department for the improvement of its passporting and consular services and other
Department services except travel and transportation allowances and expenses.
The setting up, use and disbursement of funds shall be subject to review, accounting and auditing rules and regulations of the Commission on
Audit and will be subject to an annual review by Congress, but the Secretary will submit a report on the disbursement of the fund every six (6)
months to both the Senate and the House Committees on Foreign Relations.
SECTION 18. Waiver. The Secretary of Foreign Affairs is solely authorized to waive any requirements set forth in Section 5 of this Act.
SECTION 19. Offenses and Penalties. A passport being a proclamation of the citizenship of a Filipino, is a document that is superior to all
other official documents. As such, it should be accorded the highest respect by its holder that to do damage to its integrity and validity is a
serious crime that should be penalized accordingly:
a) Offenses Relating to Issuances: Penalties. Any person who:
1. Acting or claiming to act in any capacity of office under the Republic of the Philippines, without lawful authority, grants, issues or verifies
any passport or travel document to any or for any person whomsoever shall be punished by a fine of not less than Fifteen thousand pesos
(P15,000) nor more than Sixty thousand pesos (P60,000) and imprisonment of not less than eighteen (18) months nor more than six (6) years;
or
2. Being a diplomatic or consular official authorized to grant, issue, amend or verify passports, knowingly and willfully grants, issues, amends
or verifies any such passport to any person not owing allegiance to the Republic of the Philippines, whether citizen or not, shall be punished by
a fine of not less than Fifteen thousand pesos (P15,000) nor more than Sixty Thousand Pesos (P60,000) and imprisonment of not less than
eighteen (18) months but not more than six (6) years, and upon conviction, be disqualified from holding appointive public office;
3. Being a diplomatic officer knowingly and willfully grants and issues to amends or certifies to the authenticity of any passport or travel
documents for any person not entitled thereto, or knowingly and willfully issues more than one passport to any person except as provided for
in this Act, shall be punished by a fine of not less than Fifteen thousand pesos (P15,000) nor more than Sixty thousand pesos (P60,000) and
imprisonment of not less than eighteen (18) months nor more than six (6) years and upon conviction, be disqualified from holding appointive
public office.
b) Offenses Relating to False Statements: Penalties. Any person who willfully and knowingly:
1. Makes any false statement in any application for passport with the intent to induce or secure the issuance of a passport under the authority
of the Philippine Government, either for his own use or the use of another, contrary to this Act or rules and regulations prescribed pursuant

hereto shall be punished by a fine of not less than Fifteen thousand pesos (P15,000) nor more than Sixty thousand pesos (P60,000) and
imprisonment of not less than three (3) years nor more than ten (10) years: or
2. Uses or attempts to use any passport which was secured in any way by reason of any false statements, shall be punished by a fine of not
less that Fifteen thousand pesos (15,000) nor more than Sixty thousand pesos (60,000) and imprisonment of not less that three (3) years, but
not more than ten (10) years; or
3. Travel and recruitment agencies whose agents, liaison officers or representatives are convicted of offenses relating to false statements shall
in addition to the fines and penalties abovementioned have their license revoked with all deposits, escrow accounts or guarantee funds
deposited or made as a requirement of their business forfeited in favor of the government without prejudice to the officials of the branch office
or of the agency being charged as accessories to the offense and upon conviction barred from engaging in the travel agency business.
c) Offenses Relating to Forgery: Penalties. Any person who:
1. Falsely makes, forges, counterfeits, mutilates or alters any passport or travel documents or any supporting document for a passport
application, with the intent of using the same shall be punished by a fine of not less than Sixty thousand pesos (P60,000) nor more than One
hundred fifty thousand pesos (150,000) and imprisonment of not less than six (6) years nor more than fifteen (15) years; or
2. Willfully or knowingly uses or attempts to use or furnishes to another for use any such false, forged, counterfeited, mutilated or altered
passport or travel document or any passport validly issued which has become void by the occurrence of any condition therein prescribed shall
be punished by a fine of not less than Sixty thousand pesos (60,000) nor more than One hundred and fifty thousand pesos (P150,000) and
imprisonment of not less than six (6) years nor more than fifteen (15) years: Provided, however, That officers of corporations, agencies or
entities licensed in the travel and recruitment industry would be held similarly as their agents, liaison officers or representatives: Provided,
finally, That forgeries of five or more passports or travel documents, would be considered as massive forgery tantamount to national sabotage
and shall be punished by a fine of not less than Two hundred and fifty thousand pesos (P250,000) nor more than One Million pesos (1,000,000)
and imprisonment of not less than seven (7) years nor more than seventeen (17) years.
d) Offenses Relating to Improper Use: Penalties. Any person who willfully and knowingly:
1. Uses or attempts to use, any passport issued or designed for the use of another or any supporting documents for a passport application
which belongs to another; or
2. Uses or attempts to use any passport or supporting documents in violation of the conditions or restrictions therein contained, or of the rules
prescribed pursuant thereto; or
3. Furnishes, disposes, or delivers a passport to any person, for use by another or other than the person for whose use it was originally issued
or designed; or
4. Defaces or destroys a Philippine passport, shall be punished by a fine of not less than Sixty thousand pesos (P60,000) nor more than One
hundred fifty thousand pesos (P150,000) and imprisonment of not less than six (6) years nor more than fifteen years.
e) Offenses Relating to Multiple Possession: Penalties. No person or individual may hold more than one valid passport, except as provided
for in Section 7 hereof, and any individual who possesses more than one unexpired passport shall, for every unexplored passport found in his
possession, be punished by a fine of not less than Fifteen thousand pesos (P15,000) nor more than Sixty thousand pesos (P60,000) and
imprisonment of not less than eighteen (18) months but not more than six (6) years: Provided, That the maximum fine and imprisonment shall
be imposed by the court if he attempts to use or actually uses an unexpired passport which is not in his name.

In case any of the offenses prohibited in this Act constitutes a violation of the Revised Penal Code and the penalty imposed in said Code is
heavier than that in this Act, the latter penalty shall be imposed.
SECTION 20. Suspension of Accreditation. Any duly accredited travel or recruitment agent or agency which violates the prescription on
application for passport under Section 6 hereof shall have such accreditation suspended without prejudice to civil, criminal or administrative
sanctions including revocation of its license to operate.
The mere submission of spurious, forged or falsified documents supporting a passport application by any duly accredited travel or recruitment
agent or agency shall be prima facie evidence that the said travel or recruitment agent is the author of such forgery or falsification.
SECTION 21. Rules and Regulations. The Secretary shall issue such rules and regulations as may be necessary to implement the
provisions herein within sixty (60) days from date of effectivity of this Act without extension or delays.
SECTION 22. Separability Clause. Should any provision of this Act or the applicability thereof to any person or circumstances is held
invalid, the remainder thereof shall not be affected thereby.
SECTION 23. Repealing Clause. All laws, decrees, orders, rules and regulations or parts thereof inconsistent with the provisions of this
Act are hereby repealed, amended or modified accordingly.
SECTION 24. Effectivity. This Act shall take effect fifteen (15) days after its publication in at least five (50 newspapers of general
circulation or in the Official Gazette.
Approved: November 22, 1996.
REPUBLIC ACT NO. 7183
AN ACT REGULATING THE SALE, MANUFACTURE, DISTRIBUTION AND USE OF FIRECRACKERS AND OTHER PYROTECHNIC DEVICES
Section 1. Purpose of this Act. It is the purpose of this Act to regulate and control the manufacture, sale, distribution and
use of firecrackers and other pyrotechnic devices consistent with, and in furtherance of, public safety, order and national
security, as well as the enhancement of the cultural traditions.
chan robles virtual law library
Sec. 2. Types of Firecrackers and Pyrotechnic Devices Allowed in this Act. The following common types of firecrackers and
pyrotechnic devices may be manufactured, sold, distributed and used:
A. Firecrackers:chanroblesvirtualawlibrary
(1) Baby rocket A firecracker with a stick so constructed that lighting of the wick will propel the whole thing to lift a few
meters before exploding. The firecracker is about 1 inches in length by 3/8 inch in diameter while the stick is about a foot in
length; chan robles virtual law library
chan robles virtual law library
(2) Bawang A firecracker larger than a triangulo with 1/3 teaspoon of powder packed in cardboard tied around with abaca
strings and wrapped in shape of garlic;

(3) Small triangulo A firecracker shaped like a triangle with powder content less than the bawang and usually wrapped in
brown paper measuring inch length in its longest side;
(4) Pulling of strings A firecracker consisting of a small tube about an inch in length and less than of an inch in diameter
with strings on each end. Pulling both strings will cause the firecracker to explode;
(5) Paper caps Minute amount of black powder spread in either small strips of paper on a small sheet used for children's toy
guns;
(6) El diablo Firecrackers tubular in shape about 1 inches in length and less than inch in diameter with a wick; also
known as labintador;
(7) Watusi Usually reddish in color about 1 inches in length and 1/10 inch in width usually ignited by friction to produce a
dancing movement and a crackling sound; chan robles virtual law library
(8) Judah's belt A string of firecrackers consisting of either diablos or small triangulos that can number up to a hundred or
thereabout and culminating in large firecracker usually a bawang;
(9) Sky rocket (kwitis) A large version of a baby rocket designed to be propelled to a height of forty (40) to fifty (50) feet
before exploding;
(10) Other types equivalent to the foregoing in explosive content.
B. Pyrotechnic Devices:
(1) Sparklers Pyrotechnic devices usually made of black powder on a piece of wire or inside a paper tube designed to light
up and glow after igniting;
chan robles virtual law library
(2) Luces Any of several kinds of sparklers; chan robles virtual law library
(3) Fountain A kind of sparkler conical in shape which is lighted on the ground and designed to provide various rising colors
and intermittent lights upon being ignited;
(4) Jumbo regular and special A kind of sparkler similar to a "fountain" but bigger in size;
(5) Mabuhay Sparklers bunched into a bundle of a dozen pieces;
(6) Roman candle A sparkler similar to a "fountain" but shaped like a big candle; chan robles virtual law library
(7) Trompillo A pyrotechnic device usually fastened at the center and designed to spin first clockwise and then counterclockwise and provides various colored lights upon being ignited;
(8) Airwolf A kind of sky rocket shaped like an airplane with a propeller to rise about forty (40) or fifty (50) feet and provide
various kinds of light while aloft;
(9) Whistle device Any of the various kinds of firecrackers or pyrotechnic designed to either simply emit a whistle-like sound
or explode afterwards upon being ignited;
(10) Butterfly Butterfly-shaped pyrotechnic device designed to lift above ground while providing light;
(11) All kinds of pyrotechnic devices (pailaw); and chan robles virtual law library
(12) Other types equivalent to the foregoing devices.

Sec. 3. Prohibited Types of Firecrackers and Pyrotechnic Devices. The manufacture, sale, distribution and use of other types
of firecrackers and pyrotechnic devices not mentioned in the foregoing section, of such explosive content that could endanger
life and limb, such as atomic big triangulo and super lolo and their equivalent are hereby prohibited. Determination of what
constitutes prohibited firecrackers and pyrotechnic devices shall be vested with the Director-General of the Philippine
National Police (PNP).chanrobles virtual law library
chan robles virtual law library
Sec. 4. License or Permit Requirements. License or permit to manufacture, sell and distribute firecrackers and other
pyrotechnic devices shall be granted for the manufacture, sale and distribution of firecrackers and other pyrotechnic devices
enumerated in Section 2 hereof. Under no circumstances shall a license or permit be granted for the manufacture, sale and/or
distribution of prohibited firecrackers and other pyrotechnic devices mentioned in Section 3 hereof. chan robles virtual law library
Any person desiring to manufacture, sell or distribute fireworks and other pyrotechnic devices shall file his application for the
issuance of license or business permit with the Chief of PNP, through the provincial director of the province where the
business or project is located. Applicants from Metro Manila shall submit their application through the Commanding Officer of
the Firearms and Explosives Unit, Headquarters, PNP.cralaw
Reasonable fees may be charged for the issuance of said licenses or permits to defray the cost of regulating the manufacture,
sale and distribution of firecrackers and pyrotechnic devices.cralaw
Sec. 5. Qualifications of Manufacturers or Dealers. A license or permit to manufacture or to deal in wholesale or retail of
firecrackers and pyrotechnic devices shall be issued only to: (a) Filipino citizens of good moral character; or (b) entities duly
registered with the Bureau of Commerce of the Department of Trade and Industry (DTI) or the Securities and Exchange
Commission (SEC), one hundred per centum (100%) of the capitalization of which is owned by Filipino citizens.cralaw
Sec. 6. Importation of Chemicals and Explosive Ingredients. The importation of finished firecrackers and fireworks shall be
prohibited.cralaw
Only duly licensed manufacturers shall be allowed to import chemicals or explosive ingredients used in the manufacture of
firecrackers and pyrotechnic devices. chan robles virtual law library
Any person licensed to manufacture, deal in or purchase chemical and explosive ingredients who desires to import explosive
ingredients from abroad shall submit his application to the Chief of the PNP, through the provincial director of the province
where the business or project is located. Applicants from Metro Manila shall submit their applications through the
Commanding Officer of the Firearms and Explosives Unit, Headquarters, PNP.cralaw
Sec. 7. Safety Guidelines. Strict compliance of the following safety precautions, rules and regulations shall be observed by
manufacturers, distributors and users of firecrackers and pyrotechnic devices:
(a) A zone shall be designed by the local government unit where a manufacturing complex may be established. The outer
perimeter of this zone shall be at least three hundred (300) meters away from the nearest residential units. Once a zone has
been defined, no residential unit shall be permitted nearer than three hundred (300) meters from the perimeter of such zone;
chan robles virtual law library

(b) The manufacturing complex shall be governed by, but not limited to, the following safety measures:
(1) All buildings shall have adequate ventilation, no concrete floors, must be leak-proof and furnished with necessary fire
extinguishers; chan robles virtual law library
chan robles virtual law library
(2) The warehouse must be at least fifty (50) meters away from any processing station of the complex; and
(3) The following processing stations of the complex shall be laid out according to the indicated minimum distance from each
other with all sides open:
(i) Mixing 50 MTS
chan robles virtual law library
(ii) Grinding 40 MTS chan robles virtual law library
(iii) Packaging 40 MTS
(iv) Nagmimitsa 20 MTS chan robles virtual law library
(v) Loading 20 MTS
Sec. 8. Labeling of Firecrackers and Pyrotechnic Packages. Firecrackers and pyrotechnic devices shall bear labels indicating
the name and address of their manufacturers and warning instructions written in Filipino and English.
chan robles virtual law library
Sec. 9. Record. Every person authorized to purchase and use explosive under this Act shall be required to keep a complete,
itemized and accurate record showing:
(a) Qualities and kinds of explosives; and chan robles virtual law library
(b) The purpose for which the explosives were used.chanrobles virtual law library
Sec. 10. Reports. At the end of every month, licensees shall submit to the Chief of the PNP, through the provincial director
of the province where their business or projects are located, a monthly report for explosives in triplicate. The provincial
director shall retain the triplicate copy of his file and forward the original and duplicate copies to the Headquarters, PNP with
his comment, recommendation or notation.
chan robles virtual law library
Sec. 11. Penalties. Any person who manufactures, sells, distributes or uses firecrackers and other pyrotechnic devices in
violation of the provisions of this Act shall be punished by a fine of not less than Twenty thousand pesos (P20,000.00) nor
more than Thirty thousand pesos (P30,000.00), or imprisonment of not less than six (6) months nor more than one (1) year, or

both such fine and imprisonment, at the discretion of the court in addition to the cancellation of his license and business
permit and the confiscation by the Government of his inventory or stock.chanrobles virtual law library
Sec. 12. Promulgation of Rules and Regulations for the Administration and Enforcement of this Act. The PNP shall be
primarily responsible for the administration and enforcement of this Act. It shall transmit all case for prosecution arising from
violations of this Act to proper government prosecutors for appropriate action. chan robles virtual law library
The PNP is hereby authorized after public hearing and consultation with the firecrackers and pyrotechnic industry, to
promulgate rules and regulations necessary to regulate and control the manufacture, sale, distribution, use and importation,
including the determination and review of the gun powder and other raw material content of firecrackers and pyrotechnic
devices in accordance with the provisions of this Act: Provided, That the local chief executives shall be given the authority to
promulgate the necessary rules and regulations within their territorial jurisdiction in conformity with the national standards,
rules and regulations.
Sec. 13. Repealing Clause. Executive Order No. 52, series of 1966, is hereby repealed and all laws, decrees, orders, rules
and regulations and other issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
Sec. 14. Effectivity Clause. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a
newspaper of general circulation. chan robles virtual law library
Approved: January 30, 1992
REPUBLIC ACT No. 6388
ELECTION CODE OF 1971
ARTICLE I
General Provisions
Section 1. Title. - This Act shall be known and cited as the Election Code of 1971.
Section 2. Applicability of this Act. - All elections of public officers except barrio officials and plebiscites shall be conducted in the manner
provided by this Code.
Section 3. Powers of the Commission on Elections. - The Commission on Elections, which hereinafter shall be referred to as the Commission,
shall, in addition to the powers and functions conferred upon it by the Constitution, have the following powers and functions:
(a) Direct and immediate supervision and control over national, provincial, city, municipal and municipal district officials required by law to
perform duties relative to the conduct of elections on matters pertaining to the enforcement of the provisions of this Code, including members
of any national or local law enforcement agency and instrumentality of the Government. In addition, it may authorize ROTC Cadets eighteen
years of age or above to act as its deputies for the same purpose.
The Commission may relieve any officer referred to in the preceding paragraphs from the performance of his duties relating to elections who
violates the election law or fails to comply with its instructions, orders, decisions or rulings consistent with the provisions of this Act; and
appoint his substitute. Upon recommendation of the Commission, the President of the Philippines or the corresponding proper authority, shall
suspend or remove from office any or all of such officers who may after due process be found guilty of such violation or failure.

(b) Promulgate rules and regulations implementing the provisions of this Code.
Rules and regulations promulgated by the Commission to implement the provisions of this Act shall take effect on the sixteenth day after
publication in at least two daily newspapers of general circulation. Special orders and directives issued pursuant to said rules and regulations
shall take effect immediately upon receipt. In case of conflict between rules, regulations, special orders or directives of the Commission in the
exercise of its powers granted in this Code and those issued by any other officer or agency of the Government concerning the same matter
relative to the elections, the former shall prevail.
(c) To enforce and execute its decisions, directives, orders and instructions on any matter affecting the conduct of elections. For this purpose,
the same decisions, directives, orders and instructions shall have precedence over those emanating from any other authority except the
Supreme Court and those issued in habeas corpus proceedings.
(d) To make changes in the composition, distribution and assignment of its field offices as well as their personnel whenever the interest of free,
orderly and honest elections so require: Provided, That such changes shall be effective and enforceable only for the duration of the election
period concerned and shall not effect the tenure of office of the incumbents of positions affected and shall not constitute a demotion, either in
rank or salary, nor result in a change of status: And provided, further, That in no case shall election supervisors be assigned to a province or
registrars to a city, municipality, or municipal district, where they are related to any candidate or his spouse within the fourth civil degree of
consanguinity or affinity.
(e) To prescribe the use or adoption of the latest technological and electronic devices, taking into account the situation prevailing in the area
and the funds available for the purpose.
(f) To carry a continuing campaign to educate the public and fully informed the electorate on election laws, procedures, decisions and other
matters relative to the work and duties of the Commission and the necessity for clean, free, orderly and honest elections.
Section 4. Election Period. - The election period for purposes of this Code shall commence on the one hundred fiftieth day before an election
involving a public office voted for at large and on the one hundred twentieth day before an election involving any other office and shall end on
the day of the election.
Section 5. Organization of the Commission on Elections. - The Commission shall adopt its own rules of procedure. Two members of the
Commission shall constitute a quorums. The concurrence of two members shall be necessary for the pronouncement or issuance of a decision,
order or ruling.
The Commission shall have an executive officer and such other subordinate officers and employees as may be necessary for the efficient
performance of its functions and duties, all of whom shall be appointed by the Commission in accordance with the Civil Service Law and rules.
The executive officer of the Commission, under the direction of the Chairman, shall have charge of the administrative business of the
Commission, shall have the power to administer oaths in connection with all matters involving the business of the Commission, and shall
perform such other duties as may be required of him by the Commission.
Section 6. Power of the Commission to Investigate and Hear Controversy and Issue Subpoena. - The Commission or any of the members
thereof shall, in compliance with the requirement of due process, have the power to summon the parties to a controversy pending before it,
issue subpoena and subpoena duces tecum and otherwise take testimony in any investigation or hearing pending before it, and delegate such
power to any officer of the Commission who shall be a member of the Philippine Bar. In case of failure of a witness to attend, the Commission,
upon proof of service of the subpoena to said witness, may issue a warrant to arrest the witness and bring him before the Commission or
officer before whom his attendance is required. The Commission shall have the power to punish contempts provided for in the Rules of Court

under the same procedure and with the same penalties provided therein. Any controversy submitted to the Commission shall after compliance
with the requirements of due process be heard and decided by it within thirty days after submission of the case.
The Commission may, when it so requires, deputize any member of any national or local law enforcement agency and/or instrumentality of the
government to execute under its direct and immediate supervision any of its final decisions, orders, instructions or rulings.
Any decision, order or ruling of the Commission on election controversies may be reviewed by the Supreme Court by writ of certiorari in
accordance with the Rules of Court or such applicable laws as may be enacted.
Any violation of any final executory decision, order or ruling of the Commission shall constitute contempt thereof.
Section 7. Disqualification of Members of the Commission. - The Chairman and Members of the Commission shall be subject to the canons of
judicial ethics in the discharge of their functions.
No Chairman or member of the Commission shall sit in any case in which he has manifested or harbored bias, prejudice or antagonism against
any party thereto and in connection therewith, or in any case in which he would be disqualified under the Rules of Court. If it be claimed that
the Chairman or a member of the Commission is disqualified from sitting as above provided, the party objecting to his competency may, in
writing, file his objection with the Commission stating the grounds therefor. The official shall continue to participate in the hearing or withdraw
therefrom, in accordance with his determination of the question of his disqualification. The decision shall forthwith be made in writing and filed
with the other papers in the case, in accordance with the Rules of Court. In the event of disqualification of any member he shall be substituted
by a Justice of the Court of Appeals who shall be designated by the Presiding Justice thereof upon request of the Commission.
Section 8. Regular Elections for National Offices. (a) On the second Monday of November, nineteen hundred and seventy-three and on the same day every four years thereafter, the President
and the Vice-President of the Philippines shall be elected. The President-elect and the Vice-President-elect shall assume office at twelve o'clock
noon on the thirtieth day of December.
(b) On the second Monday of November, nineteen hundred and seventy-one, and on the same day every two years thereafter, a regular
election shall be held to elect eight Senators. The term of office of those elected shall commence on the thirtieth day of December and
terminate six years thereafter.
(c) On the second Monday of November, nineteen hundred and seventy-three and on the same day every four years thereafter, a regular
election shall be held to elect the Members of the House of Representatives. The term of office of those elected shall commence on the
thirtieth day of December and terminate four years thereafter.
Section 9. Regular Elections for Provincial, Sub-provincial, City, Municipal and Municipal District Offices. - On the second Monday of
November, nineteen hundred and seventy-one and on the same day every four years thereafter, a regular election shall be held to elect the
officials who will occupy all elective provincial, sub-provincial, city, municipal and municipal district offices throughout the Philippines. After the
elections of nineteen hundred and seventy-one, only qualified voters in the municipalities of the province in which they are located can vote
for elective officials of the province, except those in cities where the governing body consists of the governor and the provincial board of the
province. The officials elected shall assume office on the first day of January next following and shall hold office for four years and until their
successors shall have been elected and qualified, unless the provisions of the second paragraph of Section seventeen hereof apply.
Section 10. Postponement of Election. - When for any serious cause such as violence terrorism, loss or destruction of election paraphernalia
or records, force majeure, and other analogous causes of such a nature that the holding of a free, orderly and honest election should become
impossible in any precinct or precincts or political division or subdivision, the Commission, upon a verified petition and after due notice and

hearing, shall postpone the election therein for such time as it may deem necessary: Provided, however, That such postponement of the
election shall not be effective unless confirmed by the Supreme Court. For this purpose, the Commission shall immediately certify to the
Supreme Court its resolution for review, transmitting with it the pertinent records of the proceedings.
Section 11. Failure of Election. - If, on account of force majeure, violence, terrorism, or fraud the election in any precinct or precincts has not
been held on the date herein fixed or has been suspended before the hour fixed by law for the closing of the voting and such failure or
suspension of election in any precinct or precincts would alter the result of the election for any office to be voted in said election, the
Commission may, on the basis of a verified petition and after due notice and hearing, call for the holding or continuation of the election on a
date reasonably close to the date of the election not held or suspended: Provided, however, That the holding or continuation of the election on
the date fixed by the Commission shall not be effective unless confirmed by the Supreme Court. For this purpose the Commission shall
immediately certify to the Supreme Court its resolution for review, transmitting with it the pertinent records of the proceedings.
Section 12. Designation of Other Dates for Certain Pre-election Acts. - If, on account of insurmountable difficulties, the division into election
precincts, the designation of polling places, the appointment of members of the board of election inspectors, or the registration of voters or
other pre-election acts should not be effected in any place on the dates herein fixed, the Commission shall fix another date in order that the
omission may be remedied and the voters in such place may not be deprived of the right of suffrage.
Section 13. Filling of Elective Offices in Newly Created or Newly Classified Provinces, Sub-provinces, Cities, Municipalities or Municipal
Districts. - Newly created elective offices and elective offices in any newly created or newly classified province, sub-province, city, municipality
or municipal district shall be filled in the next following regular presidential or local election, as the case may be.
Section 14. Right of Suffrage Incident to Territorial Changes. - When a territory is merged with a city, municipality, municipal district or with
another province or sub-province, its inhabitants acquire the right to participate in the election of public officers to the same extent as the
inhabitants of the city, municipality, municipal district or province with which it has been merged.
Section 15. Vacancies in the Offices of President and Vice-President. - When neither the President-elect nor the Vice-President-elect shall
have qualified, or in the event of the removal, death or resignation of both the President and the Vice-President, or of the inability of both of
them to discharge the powers and duties of the office of President, the President of the Senate, or if there be none, or in the event of his
removal, death, resignation, or of his inability to act as President, the Speaker of the House of Representatives, or if there be none, or in the
event of his removal, death, resignation, or of his inability to act as President, the Senator or Representative elected by the members of the
Congress in joint session shall act as President of the Philippines until the President or President-elect or the Vice-President or Vice-Presidentelect shall have qualified, or until their disability shall be removed, or a President shall have been elected and shall have qualified.
In case of permanent vacancy in the offices of the President and Vice-President the Congress shall determine by joint resolution whether or not
a special election shall be held to elect a President and a Vice-President or only a President. In the affirmative case, the date on which the
special election is to be held shall be fixed in the resolution and the Commission shall accordingly issue the proclamation in accordance with
Section eighteen hereof. The Congress shall convene in special joint session to proclaim the President and Vice-President elected as soon as all
the certificates of election returns from the provincial and city boards of canvassers are received by the President of the Senate, but not later
than thirty days after election day. The officers elected shall qualify at twelve o'clock in the morning of the day next following the date of their
proclamation by the Congress and shall held office until their successors, elected at the next regular election, shall qualify.
Section 16. Vacancy in the Congress. - Whenever a vacancy in the Congress occurs at least ten months before the next regular election of
the Members of Congress whose office is vacant, the President, as soon as he is notified by the House where the vacancy occurred of the

existence of such vacancy, shall call a special election to fill said vacancy. In case the vacancy is caused by the death of a Member against
whom there is no pending protest while the Congress is not in session, the certification of the Presiding Officer of the House where the vacancy
occurred of the existence of such vacancy shall be sufficient basis for the President of the Philippines to call such special election.
Section 17. Vacancy in Elective Provincial, Sub-provincial, City, Municipal or Municipal District Office. - In case of a permanent vacancy in a
provincial, sub-provincial, city, municipal or municipal district office, the officer next in rank shall assume the vacant office for the unexpired
term: Provided, That such officer meets all requirements for the office.
Should the local officer-elect die before assumption of office or fail to qualify, the officer-elect next in rank shall assume said office, but in the
latter case he shall hold office only until the officer-elect qualifies.
In the event of temporary incapacity of a local officer to perform the duties of his office on account of effective absence, sickness, suspension
or any other temporary incapacity, the officer next in rank shall perform the duties and exercise the powers of the officer temporarily
incapacitated, except the power to appoint, suspend or dismiss employees: Provided, That in the event said temporary incapacity or disability
exceeds six months, the official assuming said office shall exercise all the prerogatives and powers appurtenant thereto.
Succeeding vacancies occurring as a consequence of the succession of the officer next in rank shall likewise be filled by their corresponding
officers next in rank. If for some reason, the officer next in rank is incapacitated from assuming the office or refuses to assume said office, the
officer next in rank to him shall assume the vacant office.
In case of vacancies occurring in the lowest rank in the office or board or council member, said vacancy shall be filled by appointment upon
recommendation of the political party of the board or council member who caused the first vacancy which gave rise to the last vacancy
through succession by rank: Provided, That said appointee meets all the qualifications for the office.
For the purpose of this section, the ranking among local officers shall be as follows: governor, vice-governor, and members of the provincial
board, in case of provinces: mayor, vice-mayor, and councilors, in case of cities, municipalities and municipal districts: Provided, That among
the board or council members, the ranking shall be based on the number of votes or proportion of votes obtained in the next preceding local
elections: Provided, further, That in case of a tie, the provisions of this Code thereon shall apply.
The person filling a temporary vacancy in accordance with this section shall hold the same until the permanent officer concerned assumes
office, and in case of permanent vacancy or special election, for the unexpired term of the office.
Section 18. Call of Special Elections. - Special elections shall be called by the Commission by proclamation on a date which shall not be
earlier than thirty days nor later than ninety days from the date of the proclamation, which shall specify the offices to be voted for, state that
it is for the purpose of filling a vacancy or a newly created elective position, as the case may be. The Commission shall send copies of the
proclamation, in numbers sufficient for due distribution and publication, to the provincial or city treasurer concerned, who in turn shall publish
it in their respective localities, by posting at least three copies thereof in conspicuous places in each of their election precincts, and a copy in
each of the polling places and public markets, and in the municipal building.
Section 19. Posting and Translation of Election Code. - A printed copy of this Code in English or Spanish and in the national language, and,
whenever possible, in the local dialect shall be posted conspicuously in every polling place on election day, in order that it may be readily
constituted by any person offering to register or vote.
The translation of this Code into the national language and into the local dialects shall be made by the Institute of National Language.
Section 20. Expenses of Elections. -

(a) All election expenses shall be subject to the approval of the Commission and shall be advanced by the provincial, sub-provincial, city,
municipal, and municipal district treasurer concerned and shall be charged against the branch of the Government for which the election was
held, and, if held for more than one branch, against the corresponding branches of the Government, in equal parts. For this purpose, the
provincial board and city, municipal and municipal district councils shall appropriate an amount every year equivalent to twenty-five per cent
of the total amount spent by their respective provinces, sub-provinces, cities, municipalities or municipal districts in the last local election as a
continuing appropriation to cover their respective shares of the expenses in the next regular local elections;
(b) The expenses incident to the holding of the first election in a new municipality shall be advanced, as may be necessary, by the province
and such municipality shall reimburse the same upon presentation of the proper bill;
(c) All provincial, sub-provincial, and city treasurers shall, within one hundred eighty days after the duty of the election, submit to the
Commission a report of all claims received in their respective provinces, sub-provinces and cities in connection with the elections;
(d) Any person, corporation, association, or entity who fails to present in writing any claim for any election expenditure incurred by him in
connection with the elections within six months after such expenditure has been made, with the provincial, sub-provincial, city, municipal or
municipal district treasurer, as the case may be, shall be deemed to have waived the claims and any action for the collection thereof shall be
deemed to have prescribed; and
(e) Any provision of existing law to the contrary notwithstanding, the Commission may authorize the payment of compensation from
appropriations provided for election to its officials and employees, and those assigned thereto, except the Chairman and members thereof, for
overtime services rendered on Saturdays, Sundays and holidays, or after required office hours on regular working days in connection with
election, at rates to be fixed by the Commission which shall not exceed, for any one month, the equivalent of their respective regular monthly
compensations.
Section 21. Official Mail and Telegrams Regarding Elections. - Papers connected with the elections required by this Code to be sent by public
officers in the performance of their duties shall be free of postage and sent as registered special delivery mail. Telegrams of the same nature
shall also be sent free of charge.
It shall be the duty of the Director of Bureau of Posts and the Director of the Bureau of Telecommunications to transmit immediately and in
preference to all other communications or telegrams, messages reporting election results sent by the provincial, sub-provincial, city, municipal
and municipal district treasurers to the Commission and such other messages or communications which the Commission may require or as
may be necessary to ensure free, honest and orderly elections.
ARTICLE II
Political Parties
Section 22. Definition of Political Party. - Political party, or simply party, when used in this Code, means an organized group of persons
pursuing the same political ideals in a Government and includes its branches and divisions. To acquire juridical personality it shall be duly
registered with the Commission.
ARTICLE III
Candidates and Eligibility of Candidates
Section 23. Candidates Holding Appointive Office or Position. - Every person holding a public appointive office or position, including active
members of the Armed Forces of the Philippines and every officer or employee in government-owned or controlled corporations, shall ipso-

facto cease in his office or position on the date he files his certificate of candidacy: Provided, That the filing of a certificate of candidacy shall
not affect whatever civil, criminal or administrative liabilities which he may have incurred.
Section 24. Candidate Holding Elective Office. - Any elective provincial, sub-provincial, city, municipal or municipal district officer running for
an office other than the one which he is holding in a permanent capacity shall be considered ipso facto resigned from his office from the
moment of the filing of his certificate of candidacy.
Every elected official shall take his oath of office on the day his term of office commences, or within ten days after his proclamation if said
proclamation takes place after such day. His failure to take his oath of office as herein provided shall be considered forfeiture of his right to the
new office to which he has been elected unless said failure is for a cause or causes beyond his control.
Section 25. Disqualification on Account of Violation of Certain Provisions of this Code. - Any candidate who, in an action or protest in which he
is a party, is declared by final decision of a competent court or tribunal guilty (a) of having committed acts of terrorism to enhance his
candidacy, (b) of having spent in his election campaign an amount in excess of that allowed by this Code, or (c) of having solicited, received or
made any contribution prohibited under sections thirty-six, thirty-seven, thirty-nine, forty, and fifty-five; or (d) of having violated any one of
sections forty-seven, forty-eight, forty-nine, fifty-three, fifty-six, fifty-eight, fifty-nine, seventy-one, and eighty-one shall be disqualified from
continuing as a candidate, or if he has been elected, from holding the office.
Section 26. Certificate of Candidacy. - No person shall be eligible unless, within the time fixed by law, he files a sworn certificate of candidacy
stating in said certificate that he announces his candidacy for the office mentioned therein and that he is eligible for the office; the name of
the political party or parties in coalition to which he belongs, if he belongs to any; his profession or occupation; his civil status, and if married,
the full name of his or her spouse; his age which in the case of candidates for provincial, sub-provincial, city, municipal or municipal district
offices must at least be twenty-three years and the date of birth; his residence; his post-office address for all election purposes; that he will
support and defend the Constitution of the Philippines and will maintain true faith and allegiance thereto; that he will obey the laws, legal
orders, and decrees promulgated by its duly constituted authorities; that the obligation imposed by his oath is assumed voluntarily, without
mental reservation or purpose of evasion; and that the facts stated in the certificate of candidacy are true to the best of his knowledge:
Provided, That a candidate may use in his certificate of candidacy the name by which he has been baptized, or the name registered in the
office of the local civil registrar, or any other name allowed under the provisions of existing law. He may also include one nickname or stage
name by which he is generally or popularly known in the locality.
The certificate of candidacy shall likewise state his gross income, including deductions and exemptions therefrom and that he has paid his
income taxes as assessed for the last two years immediately preceding the election, including the receipt numbers and places of such
payments, unless the candidate was exempt from paying income taxes, or his tax obligations are pending final determination, in which case
he shall so state in his certificate of candidacy; and shall furthermore contain a waiver of the privilege from public disclosure of his income tax
return and tax census statement for the said two-year period, except financial statements attached thereto, said waiver to be effective only
during the period of his candidacy.
No other person shall be eligible for more than one office to be filled in the same election, and if he files his certificate of candidacy for more
than one office, he shall not be eligible for any of them. However, before the expiration of the period fixed by law for filing certificates of
candidacy, the candidate filing several individual certificates of candidacy may declare under oath the office for which he desires to be eligible
and cancel the certificate or certificates of candidacy for other office or offices, otherwise all the individual certificates of candidacy which he
has filed shall be cancelled.

Section 27. Ineligibility of Officer Found Disloyal to the Government. - Any person declared disloyal to the constituted government in a final
judgment or order of a competent court or tribunal as a result of any action or protest shall be ineligible in subsequent elections and his
certificate of candidacy shall not be received nor shall the votes cast in his favor be counted unless he is subsequently restored to his full civil
and political rights in accordance with law.
Section 28. Candidates for the Same Office Bearing the Same Name and Surname. - When there are two or more candidates for an office
with the same name and surname, each upon being made aware of such fact, shall state his paternal and maternal surname with the
exception of the one who last held office, which candidate may continue to use the name and the surname stated in his certificate of
candidacy when he was elected.
Section 29. Filing and Distribution of Certificates of Candidacy. - At least ninety days before a regular election for all elective offices and at
least thirty days before a special election, the certificate of candidacy shall be filed with the office hereinbelow mentioned together with a
number of clearly legible copies equal to four times, the number of polling places: Provided, That with respect to certificates of candidacy of
candidates for President, Vice-President and Senators, ten copies thereof shall be filed with the Commission which shall order the preparation
and distribution of copies of the same to all the election precincts of the Philippines. The certificates shall be filed and distributed as follows:
(a) Those of candidates for national offices, with the Commission, which shall immediately send copies thereof to the provincial and city
treasurers of each province and city respectively, where the elections are to be held, and the latter officer shall in turn immediately forward
copies to all the polling places. The Commission shall communicate the names of said candidates to the provincial or city treasurer. If the
certificate of candidacy is sent by mail, it shall be registered mail, and the date on which the package was deposited in the post office may be
considered as the filing date thereof if confirmed by a telegram or radiogram addressed to the Commission on the same date.
The certificate of candidacy may also be filed directly as the case may be with the provincial, sub-provincial or city treasurer who shall
immediately forward the certificate by registered special delivery mail to the Commission together with a postal money order covering the
amount of filing fees required in Section thirty-three of this Code. The additional copies of the certificate of candidacy shall be retained by the
treasurer for distribution to all the polling places within his territorial jurisdiction.
(b) Certificates of candidacy for provincial or sub-provincial offices shall be filed with the provincial or sub-provincial treasurer of the province
or sub-province concerned, who shall immediately send copies thereof to all the polling places of the province or sub-province and to the
Commission.
(c) Certificates of candidacy for city, municipal or municipal district offices shall be filed with the city, municipal or municipal district treasurer,
as the case may be, who shall immediately send copies thereof to the polling places concerned, to the provincial treasurer and to the
Commission.
Section 30. Withdrawal or Cancellation of Certificates of Candidacy. - No certificates of candidacy duly filed shall be considered withdrawn or
cancelled unless the candidate files with the office which received the certificate of candidacy or with the Commission, a statement of
withdrawal or cancellation signed and sworn to by him at any time before the day of election.
The certificate of candidacy shall be considered ipso-facto cancelled from the moment the candidate concerned accepts, assumes or
discharges any appointive office or employment in the government or in any government-owned or controlled corporation.
Section 31. Ministerial Duty of Receiving and Acknowledging Receipts. - The Commission, provincial, sub-provincial, treasurer, city treasurer,
municipal treasurer or municipal district treasurer in their respective provinces, sub-provinces, cities, municipalities and municipal districts
shall have the ministerial duty to receive the certificates of candidacy referred to in Section twenty-nine hereof and to immediately

acknowledge receipt thereof: Provided, That in all cases the said Commission may motu proprio or upon a verified petition of an interested
party, refuse to give due course to a certificate of candidacy if it is shown that said certificate has been presented and filed to cause confusion
among the voters by the similarity of the names of the registered candidates or by other circumstances which demonstrate that the candidate
has no bona fide intention to run for the office for which the certificate of candidacy has been filed and thus prevent a faithful determination of
the true will of electorate.
Section 32. Payment of Fees Required for Validity of Certificate of Candidacy. - No certificate of candidacy shall be received and
acknowledged until payment of the fee required in Section thirty-three of this Code is made to the treasurer concerned or the Commission.
Section 33. Fees for the Filing of Certificates of Candidacy. - The candidates for the following offices shall, upon filing their certificates of
candidacy, pay a filing fee as follows:
For President P 5,000.00
For Vice-President 2,500.00
For Senator 1,000.00
Fees collected under this section shall be used by the Commission to help defray expenses for the preparation and distribution of the
certificates of candidacy mentioned in Section twenty-nine hereof.
The amount paid for fees herein required shall not be considered as an expense for an election campaign.
Section 34. Candidates in Case of Death, Withdrawal, or Disqualification of Another. - If, after the expiration of the time limit for filing
certificates of candidacy, a candidate with a certificate of candidacy duly filed should die, withdraw or become disqualified for any cause
occurring after the expiration of the said time limit, any voter legally qualified for the office may file his certificate of candidacy for the office
for which the deceased or disqualified person was a candidate in accordance with the preceding sections on or before mid-day of the day of
the election, and, if the death or disqualification should occur between the day before the election and the mid-day of election day, said
certificate may be filed with any board of inspectors of the political division where he is a candidate, or, in the case of candidates to be voted
for by the entire electorate, with the Commission: Provided, however, That if the candidate who has died, withdrawn or become disqualified is
the official candidate of a political party, only a person belonging to the same political party may file a certificate of candidacy for the office for
which the deceased or disqualified person was a candidate.
ARTICLE IV
Contributions and Other Practices
Section 35. Definitions. - When used in this Code:
(a) The term "contribution" includes a gift, donation, subscription, advance, or deposit of money or anything of value and embraces a contract,
promise or agreement to contribute, whether it be legally enforceable or not.
(b) The term "expenditure" includes the payment or delivery of a contribution, advance, deposit, gift or donation of money or thing of value
and includes a contract, promise or agreement to make an expenditure whether it be legally enforceable or not.
(c) The term "person" includes an individual, partnership, committee, association, corporation, and any other organization or group of persons.
Section 36. Soliciting or Receiving Contributions from a Foreigner or Foreign Government. - It shall be unlawful for any person, political party
or public or private entity to solicit or receive, directly or indirectly, any aid or contribution of whatever form or nature from any foreigner or
foreign government for political purposes.

Section 37. Prohibited Contributions. - It shall be unlawful for any corporation or entity operating a public utility or which is in possession of or
is exploiting any natural resources of the nation to contribute or make any expenditure in connection with any election campaign.
The same provision shall apply to: (a) banks, insurance companies, and other financial institutions; (b) natural and juridical persons who hold
contracts or sub-contracts to supply the government or any of its divisions, subdivisions or instrumentalities, including government-owned or
controlled corporations, with goods or services or to perform construction or other works; (c) natural and juridical persons who have been
granted incentives, exemptions, allocations or similar privileges or concessions by the government or any of its divisions, subdivisions or
instrumentalities, including government-owned or controlled corporations; and (d) natural or juridical persons who within one year from the
date of the election have been granted loans in excess of P25,000.00 by the government or any of its divisions, subdivisions or
instrumentalities, including government-owned or controlled corporations.
Section 38. Soliciting Contributions for Any Charitable, Religious or Social Cause. - It shall be unlawful within the period of one hundred and
fifty days before the election for any government-owned or controlled corporation to give or cause to be given, and/or to contribute or cause
to be contributed any sums of money for any charitable, religious, or social cause whatsoever, unless specifically authorized by law.
Section 39. Prohibited Collection of Funds. - It shall be unlawful for any person to hold balls, lotteries, beauty contests, entertainments or
cinematographic, or theatrical, or other performances during one hundred fifty days immediately preceding a regular or special election, for
the purpose of raising funds for benefit purposes of for an election campaign or for the support of any candidate; and no person or
organization, whether civic or religious, shall directly or indirectly solicit and/or accept from any candidate for public office, or from his
campaign manager, agent or representative, any gift, food, transportation, contribution or donation in cash or in kind during the
aforementioned period: Provided, That normal and customary religious dues and/or contributions, such as religious stipends, tithes, or
collections on Sundays and/or other designated collection days, are excluded from this prohibition: Provided, further, That in case of disasters
or extraordinary religious events, the Commission may, after due notice and hearing, authorize the holding of benefits for the purpose of
raising funds or permit contributions or donations otherwise hereinabove prohibited.
Section 40. Prohibition Against Contributions by Candidates or Agents. - No candidate, his or her spouse or any relative within the second
degree of consanguinity or affinity, or his campaign manager, agent or representative, shall, during one hundred fifty days immediately
preceding a regular or special election, directly or indirectly, make any donation, contribution, or gift in cash or in kind, or undertake and/or
contribute to the construction of roads, bridges, schoolhouses, puericulture centers, medical clinics and hospitals, churches or chapels, cement
pavements, or any other structure for public use or the use of any religious or civic organization: Provided, That normal and customary
religious dues and/or contributions, such as religious stipends, tithes and/or collection on Sundays and/or other designated collection days, as
well as periodic payments for legitimate scholarships established and school contributions habitually made before the prohibited period, are
excluded from this prohibition.
Section 41. Limitation Upon Expenses of Candidates. - No candidate shall spend for his election campaign more than the total amount of
salary for the full term attached to the office for which he is a candidate.
Section 42. Limitation Upon Expenses of Political Parties and Other Non-political Organizations. - No political party as defined in this Code
shall spend for the election of its candidates an aggregate amount more than the equivalent of one peso for every voter currently registered
throughout the country in case of a regular election, or in the constituency in which the election shall be held in case of a special election
which is not held in conjunction with a regular election. Any other organization not connected with any political party, campaigning for or
against a candidate, or for or against a political party shall not spend more than a total amount of five thousand pesos.

Section 43. Records of Contributions and Expenditures. - The national treasurer of the political party shall submit by registered mail to the
Commission not later than six months preceding a general election a list of the duly appointed local treasurers of the party and such changes
therein and additions thereto within the first ten days of every month during the six months preceding an election.
It shall be the duty of every treasurer of a political party or a non-political organization campaigning for or against a party or candidate to keep
detailed and exact records and accounts of every election contribution received and election expenditure incurred in such manner that the
true and correct statement of its financial transactions may be determined at any time. For this purpose, he shall prepare and maintain
separate journals which shall contain in chronological order every contribution received and expenditure made, the date such contribution was
received or expenditure incurred, the full name and exact address of each contributor or person to whom such expenditure was made and the
amount of contribution or expenditure. He shall have custody of all accounts, receipts and vouchers relative to said contributions and
expenditures. He shall be responsible for their preservation for at least one year after the holding of the election to which they pertain and for
their production for inspection by the Commission or its representatives specifically authorized for that purpose and/or upon presentation of a
subpoena duces tecum duly issued by the Commission. Failure by the treasurer to preserve such accounts, receipts, and vouchers shall be
deemed prima facie evidence of violations of the provision. Every other officer of the political party or non-political organization shall furnish
such information in regard to the transactions and activities of the political party or non-political organization as the Commission may require.
Expenses incurred by all other committees, branches and chapters of political parties and non-political organizations shall be deemed included
herein.
Section 44. Filing of Statement by Treasurer of Political Party and Non-political Organization. - The treasurer of a political party or a nonpolitical organization campaigning for or against a candidate or party shall file with the Commission within the first ten days of every month,
during the four months preceding a general election or from the time of the publication of the call for any special election and within the thirty
days following the holding of the election, a statement, complete as of the day next preceding the date of filing, of his account of contributions
and expenditures together with the names and addresses of the contributors and persons receiving the expenditures.
Section 45. Statements by Candidates. - Within forty-five days after the holding of the election every candidate shall file with the Commission
for such action as it may deem proper, a statement, complete as of the date next preceding the date of filing, which shall contain (1) a list of
the contributions received by him or by another with his knowledge and consent from whatever source, to help or support his candidacy or to
influence the result of his election, together with the name and address of each contributor; and (2) an itemized statement of the expenditures
made by him or by another with his knowledge and consent in aid or support of his candidacy, or for the purpose of influencing the result of
the election, together with the name and address of the person in whose favor such expenditures were made.
Section 46. Statements by Private Persons. - Any person receiving a contribution and/or incurring an expenditure valued at one hundred
pesos or more for an election campaign shall file with the Commission a detailed statement of such contribution or expenditure within a period
of thirty days after receiving such contribution or incurring such expenditures.
Section 47. Prohibited Forms of Election Propaganda. (1) It shall be unlawful to make use of, attach, float or display any billboard, tinplate-poster, balloons and the like, of whatever size, shape,
form or kind, advertising for or against any candidate or political party;
(2) It shall be unlawful to purchase, manufacture, request or distribute electoral propaganda gadgets such as pens, lighters, fans of whatever
nature, flashlights, athletic goods or materials, wallets, bandannas, shirts, hats, matches, cigarettes, and the like, whether of domestic or
foreign origin;

(3) It shall be unlawful to print or distribute sample ballots. But a simple list of candidates and the offices for which they are candidates, on
newsprint or any other inexpensive paper material of a size not exceeding three inches by eight and one-half inches shall not be considered as
a sample ballot;
(4) It shall be unlawful to show or display publicly any advertisement or propaganda for or against any candidate or political party by means of
cinematography, audio-visual units or other screen projections except telecasts which may be allowed as hereinafter provided;
(5) It shall be unlawful for any radio broadcasting or television station to sell or give free of charge air time for political campaigns and other
political purposes except as authorized under Section forty-nine hereof and the rules and regulations promulgated by the Commission
pursuant thereto.
Any prohibited election propaganda gadget or advertisement shall be stopped, confiscated or torn down by the representative of the
Commission upon specific authority of the Commission.
Section 48. Lawful Election Propaganda. - Lawful election propaganda shall include:
(1) Pamphlets, leaflets, cards, decals, stickers or other written or printed materials of a size not more than eight and one-half inches in width
by fourteen inches in length;
(2) Handwritten or printed letters urging voters to vote for or against any particular candidate;
(3) Cloth, paper or cardboard posters whether framed or pasted with an area not exceeding two feet by three feet, except that, at the site of
and on the occasion of a public meeting or rally, or in announcing the holding of said meeting or rally, streamers not exceeding three by eight
feet in size, shall be allowed: Provided, That said streamers may not be displayed except one week before the date of the meeting or rally and
that it shall be removed within seventy-two hours after the said meeting or rally.(4) All other forms of election propaganda not prohibited by
this Code as the Commission may authorize after due notice and hearing: Provided, That the Commission's authorization shall be published in
two newspapers of general circulation throughout the nation for at least twice within one week after the authorization has been granted.
All written or printed election propaganda and all posters shall bear the true name and correct address of the person, natural or juridical, who
or which wrote, printed or produced the same.
Section 49. Regulation of Election Propaganda Through Mass Media. (a) The franchise of all broadcasting and television stations are hereby amended so as to require each such station to furnish free of charge,
upon request of the Commission, during the period of sixty days before the election not more than fifteen minutes of prime time once a week
which shall be known as "COMELEC Time" and which shall be used exclusively by the Commission to disseminate vital election information.
Said "COMELEC Time" shall be considered as part of the public service time said stations are required to furnish the Government for the
dissemination of public information and education under their respective franchises or permits.
(b) The Commission shall promulgate rules and regulations regarding the sale or use of air time for political purposes during the election
period to insure that equal time in amount and quality is available to all candidates for the same office and to all political parties at the same
rates or given free of charge; that such rates are reasonable and not higher than those charged to other buyers or users of air time for nonpolitical purposes; that the provisions of this Code regarding the limitation of expenditures by political parties, political organizations and
candidates and contributions by private persons and certain classes of corporations, entities and institutions are effectively enforced; that said
radio, broadcasting and television stations shall not be allowed to schedule any program or permit any sponsor to manifestly favor or oppose
any candidate and/or political party by unduly or repeatedly referring to or including said candidate in its program thereby giving undue

advantage to said candidate and/or political party, respecting however, in all instances the right of said stations to broadcast accounts of
significant or newsworthy events and views on matters of public interest.
(c) All contracts for advertising in any newspaper, magazine, periodical or any form of publication promoting or opposing the candidacy of any
person for public office shall, before its implementation, be registered by said newspaper, magazine, periodical or publication with the
Commission. In every case, it shall be signed by or for the candidate or political party concerned.
(d) No franchise or permit to operate radio or television stations shall be granted or issued during the election period.
In all instances, the Commission shall supervise the use and employment of press, radio and television facilities so as to give candidates for
the position equal opportunities under equal circumstances to make known their qualifications and their stand on public issues within the
limits on election spending set forth in this Code.
Section 50. Prohibition Against Use of Public Funds, Money Deposited in Trust, Equipments, Facilities, etc., Owned and Controlled by the
Government for Election Campaign. - The use under any guise whatsoever, directly or indirectly, of (a) public funds or money deposited with or
held in trust by public financing institutions or by government offices, banks, or agencies; or (b) any printing press, radio or television station
operated by the Government or by any government-owned or controlled corporations; or (c) any equipment, vehicles, facilities, apparatus and
paraphernalia owned by any government bank, financial institution or by the Armed Forces of the Philippines for any election campaign or for
the purpose of promoting or opposing any candidate for public office is hereby prohibited and constituted a serious election offense.
Section 51. Reports of Business Establishment. - Any person or business establishment accepting contracts for the printing or manufacture of
any electoral propaganda or for any other services for political propaganda tending to aid or defeat a candidate or political party shall file with
the Commission within the first ten days of every month, during the four months preceding a general election, or from the time of the
publication of the call for any special election, and within thirty days following the holding of the general or special election, a statement,
complete as of the day next preceding the date of filing, of all contracts of services and sale of election propaganda entered into by it. The
statement shall be under oath and shall state the name and address of the candidate or political party making said contract, the kind of
election propaganda materials sold or the nature of services rendered.
Section 52. Form and Preservation of Statements. - The statements required under this article shall be cumulative during the period
prescribed therefor in the election to which they relate, but, where there has been no change in an item reported in a previous statement, only
the amount thereof need be carried forward. Said statement shall be deemed properly filed on the date of mailing by registered mail. It shall
be kept by the Commission as a part of its public records and shall be open to the public for inspection.
Section 53. Undue Influence. - It is unlawful for any person to promise any office or employment, public or private, or to make or offer to
make an expenditure, directly or indirectly, or to cause an expenditure to be made to any person, association, corporation or entity, which may
induce anyone or the public in general either to vote or withhold his vote, or to vote for or against any candidate in any election or any
aspirant for the nomination or selection of an official candidate in a convention of a political party. It is likewise unlawful for any person,
association, corporation or community, to solicit or receive, directly or indirectly, any expenditure or promise of any office, or employment,
public or private, for any of the foregoing considerations.
Section 54. Intoxicating Liquors, Prohibited Stores, Cockfights, Boxing, Races and Jai-alai. (a) It is unlawful to sell, furnish, offer or take intoxicating liquors on the day of registration before the board of inspectors, on the two days
immediately preceding election day and on election day, until the counting of votes shall have been finished.

(b) It is unlawful to open in any polling place or within a radius of thirty meters thereof, on the day of registration before the board of
inspectors, on election day and during the counting of votes, booths or stalls of any kind for the sale, dispensing or display or wares,
merchandise or refreshments, whether solid or liquid, or for any other purpose.
(c) It is unlawful to hold on the day of registration before the board of inspectors and on election day, cockfights, boxing, horse races, jai-alai
or any other similar sports.
Section 55. Prohibition Regarding Transportation, Food and Drinks. - It is unlawful for any candidate, political party or non-political
organization, voter or any other person to give or accept, free of charge, directly or indirectly, transportation, food, or drinks during a public
meeting in favor of any or several candidates and during the three hours before and after such meeting, or on the day of registration before
the board of inspectors, on the day preceding the election and on the day of the election; or to give or contribute, directly or indirectly, money
or things of value for such purposes.
Section 56. Unlawful Electioneering. - It is unlawful to solicit votes or undertake any propaganda on the day of registration before the board
of inspectors and on the day of election, for or against any candidate or any political party within the polling place and within a radius of thirty
meters thereof.
Section 57. Intervention of Public Officers and Employees. (a) It shall be unlawful for any head of any bureau or office, official or officer nominated or appointed by the President of the Philippines except
as provided in paragraph (c) hereof, head or appointing officer of any government-owned or controlled corporation, to intervene in the
nomination or election of any candidate or in the filing of his certificate of candidacy, or give aid or support directly or indirectly, material or
otherwise, in favor of or against his campaign for nomination or election.
(b) No officer or employee in the Civil Service and no officer, member on employee of the Armed Forces of the Philippines or any police shall
aid any candidate, exert influence in any manner in any election, or take part therein, except to vote if entitled thereto or to preserve public
order, if he is a peace officer.
(c) Public officers and employees holding political offices may take part in political and electoral activities but it shall be unlawful for them to
solicit contributions from their subordinates for partisan purposes, influence or subject them to any of the acts involving subordinates
prohibited in this Code.
Section 58. Coercion Over Subordinates, Prohibited. (a) It shall be unlawful for any public officer, or officer of any commercial, industrial, agricultural, economic or social enterprise, private
corporation or association, or for any employer, to coerce or intimidate or compel directly or indirectly, any of his subordinates or employees,
to aid, campaign or vote for or against any candidate in any election, or any aspirant for the nomination or selection of official candidates in a
political party convention.
(b) It shall be unlawful for any public officer, officer of any commercial, industrial, agricultural, economic or social enterprise, private
corporation or association, or any employer to dismiss or threaten to dismiss, punish or threaten to punish, by reducing his salary, wage or
compensation, or by demotion, or causing him annoyance in the performance of his job or in his membership, any subordinate, employee,
member or affiliate for disobeying or not complying with any of the acts ordered by the former.
Section 59. Threats and Other Coercion. - It shall be unlawful for any person, directly or indirectly, to threaten or suggest, or actually to
cause, inflict or produce any violence, punishment, damage loss or disadvantage upon or against any person, or to use any fraudulent device

or scheme to compel or induce any registration or refraining from registration of any voter, or any candidacy or withdrawal of candidacy, or
any vote or omission to vote, or any promise of such registration, candidacy, vote or omission therefrom.
Section 60. Intervention of Foreigners. - No foreigner shall aid any candidate or political party, directly or indirectly, or take part in or
influence in any manner any election, nor shall he contribute or make any expenditure in connection with any election campaign.
Section 61. Deadly Weapons. - It is unlawful to carry deadly weapons in the polling place and within a radius of one hundred meters thereof
during the day and hours of registration before the board of inspectors, voting and canvass. However, in cases of affray, tumult or disorder,
any peace or public officer authorized to supervise the elections may carry firearms or any other weapons for the purpose of preserving order
and enforcing the law.
Section 62. Restrictions on Wearing Military Uniforms and Bearing Arms. (a) During the period of beginning thirty days before any election and ending thirty days thereafter, it shall be unlawful for any member of the
Armed Forces of the Philippines, including the Philippine Constabulary, special forces, home defense forces, barrio self-defense units and all
other para-military units that now exist or may hereafter be organized, to wear his uniform or bear arms outside the camp, garrison or
barracks to which he is assigned or detailed (or outside their homes, in the case of members of home defense forces, barrio self-defense units
and other para-military units), unless (1) the President of the Philippines shall have given previous authority therefor, or (2) the Commission
authorizes him to do so, which authority it shall give only when necessary to assist it in maintaining free, orderly and honest elections, and
only after notice and hearing. All personnel of the Armed Forces authorized by the President or the Commission to bear arms or wear their
uniforms outside their camps and all police and peace officers shall bear their true name, rank and serial number, if any, stitched in block
letter on a white background on the left breast of their uniform, in letters and numbers of a clearly legible design at least two centimeters tall.
(b) It shall be unlawful for any member of the security or police organizations of government departments, commissions, councils, bureaus,
offices, or government-owned or controlled corporations, or privately-owned or operated security, investigative, protective or intelligence
agencies, to wear his uniform or make use of his insignias, decorations or regalia, or bear arms, except within the immediate vicinity of his
department, commission, council, bureau, office, corporation or agency during the prohibited period as herein provided.
This prohibition shall not apply when said member is in pursuit of a person who has committed or is committing a crime in the premises he is
guarding; or when escorting or providing security for the transport of payrolls, deposits or other valuables; or when guarding the residence of
private persons; or when guarding private buildings or offices: Provided, That in the last two cases, prior written approval of the Commission
shall be obtained.
(c) The Commission shall decide all applications for authority under this section within fifteen days from the date of the filing of such
application.
Section 63. Prohibition Against the Appointment of Special Policemen, Special Agents, Confidential Agents or the Like. - During the period
beginning ninety days before the election and ending thirty days thereafter, it shall be unlawful for any municipal mayor, city mayor or
provincial governor to appoint or utilize the services of special policemen, special agents, confidential agents or persons performing similar
functions. Similarly, during said period, it shall be unlawful for persons previously appointed as special policemen, special agents, confidential
agents or persons performing similar functions to continue acting as such, and they shall turn over their firearms, uniforms, insignias and other
badges of authority to the proper officer who issued the same.

Not later than ninety days before an election, the municipal mayor, city mayor or provincial governor shall submit to the Commission on
Elections a complete list of all special policemen, special agents, confidential agents or persons performing similar functions appointed by
them whose appointments are in force, with such particulars as the Commission on Elections may require.
Section 64. Prohibition Against Policemen and Provincial Guards to Act as Bodyguards or Security Guards. - During the period beginning
ninety days before the election and ending thirty days thereafter, it shall be unlawful for any member of the city or municipal police force and
any provincial or sub-provincial guard to act as bodyguard or security guard of any public official, candidate for any elective public office or
position or any other person: Provided, That after due notice and hearing, when the life and security of a candidate is in jeopardy, the
Commission is empowered to assign any member of the Philippine Constabulary or the local police force of the candidate's choice to act as his
bodyguard or security guard in a number to be determined by the Commission but not to exceed three per candidate for a local elective office,
and five per candidate for a national elective office: Provided, however, That when the circumstances require immediate action, the
Commission may issue a temporary order allowing the assignment of any member of the Philippine Constabulary or the local police force to
act as bodyguard or security guard to the candidate subject to confirmation or revocation, after notice and hearing.
Section 65. Demobilization of Reaction Forces, Strike Forces, or Other Similar Forces. - During the period beginning ninety days before the
election and ending thirty days thereafter, it shall be unlawful to organize a reaction force, strike force or similar force and any such reaction
force, strike force or similar force existing prior to the aforementioned period shall be disbanded and demobilized during said period.
All members of reaction forces, strike forces or similar forces belonging to a mother unit shall return to their respective mother units during the
period of the demobilization or disbandment of said forces.
The heads of all reaction forces, strike forces or similar forces shall, not later than ninety days before election, submit to the Commission a
complete list of all members thereof with such particulars as the Commission may require.
Section 66. Confiscation of Firearms. - During the period beginning ninety days before the election and ending thirty days thereafter,
whenever the Commission finds it necessary for the promotion of free, orderly and honest elections in a specific area, it shall confiscate or
order the confiscation of firearms of any member or members of the Philippine Constabulary, police forces, special forces, home defense
forces, barrio self-defense units and all other para-military units that now exist or may hereafter be organized, or of any member or members
of the security or police organizations of government departments, commissions, councils, bureaus, offices, or government-owned or
controlled corporations; or of any member or members of privately-owned or operated security, investigative, protective or intelligence
agencies performing identical or similar functions.
Section 67. Regulating Use of Armored Vehicles, Water or Air Crafts. - During the period beginning ninety days before the election and thirty
days thereafter, it shall be unlawful for any person to use armored vehicle provided with any temporary or permanent equipment or any other
device or contraption for the mounting or installation of cannon, machine guns and other similar high caliber firearms, including military type
tanks, half trucks, scout trucks, armored trucks of any make or model, whether new, reconditioned, rebuilt or remodeled: Provided, That
banking or financial institutions and all business firms may use not more than two armored vehicles strictly for and limited to the purpose of
transporting cash, gold bullion or other valuables connected with their business from and to their place of business, upon previous authority
of, and under such rules and regulations as may be promulgated by, the Commission. Such rules and regulations shall be published in two
newspapers of general circulation in the area where the armored vehicle are intended to be used.

During the same period, the use of any other type of privately-owned armored vehicle, water or aircraft for any other purpose may be
prohibited or regulated by the Commission in the interest of clean, orderly and honest elections. The Commission shall promulgate rules and
regulations to carry out the provisions hereof.
A violation of this section shall carry with it the penalty of forfeiture in favor of the Philippine Government of the armored vehicle, water or air
craft involved which shall be placed under the custody of the Commission for disposition.
Section 68. Prohibition on Carrying Licensed Firearms Outside Residence or Place of Business. - During the period beginning ninety days
before the election and ending thirty days thereafter, it shall be unlawful for any person, although possessing firearm licenses or special
permits, to carry any firearm outside his residence or place of business, except upon prior written approval of the Commission, all laws,
executive orders, administrative orders to the contrary notwithstanding.
This prohibition shall not apply to cashiers and disbursing officers while in the performance of their duties or to persons who by nature of their
official duties, profession, business or occupation habitually carry large sums of money or valuables.
Section 69. Deputation of Government Agencies and Instrumentalities. - During the period beginning ninety days before the election and
ending thirty days thereafter, when in any area of the country there is a band or armed group committing acts of terrorism to influence people
to vote or not to vote for or against any candidate or political party, the Commission shall have the power to authorize any member or
members of the Armed Forces of the Philippines, the National Bureau of Investigation, the Police Commission or any other similar agency or
instrumentality of the Government to act as deputies for the purpose of suppressing or preventing said acts of terrorism.
The power of the Commission herein referred to shall likewise be availed of to implement the provisions of sections sixty-four to sixty-eight,
and other related provisions of this Code.
Section 70. Prohibition Against Placing the Police Force of Any City, Municipality or Municipal District Under the Control of the Philippine
Constabulary. - Within ninety days before any election, no police force of any city, municipality or municipal district shall be placed under the
control of the Philippine Constabulary, or any of its units, or any of its officers.
If the police force of a city, municipality or municipal district has been placed under such control before said period, the Commission may,
upon verified petition and after due notice and hearing, lift said control in the interest of free, orderly and honest elections.
Section 71. Prohibition Against Release, Disbursement, or Expenditure of Public Funds. - It shall be unlawful for any government official,
including barrio officials, within forty-five days before the election to release, disburse or expend any funds for:
(1) Any and all kinds of public works, except the following:
(a) Maintenance of existing and/or completed public works projects: Provided, That not more than the average number of laborers or
employees already employed therein during the six-month period immediately prior to the beginning of the forty-five day period before
election day shall be permitted to work during such time: Provided, further, That no extra gang of laborers shall be employed for maintenance
work within the said period of forty-five days;
(b) Work undertaken by contract through public bidding held, or by negotiated contract awarded, before the forty-five day period before
election: Provided, That work for the purpose of this section undertaken under the so-called "Takay" or "Pacquiao" system shall not be
considered as work by contract;
(c) Payment for the usual cost of preparation of working drawings, specification, bills of materials, estimates, and other procedures
preparatory to actual construction including the purchase of materials and equipment, and all incidental expenses for wages of watchmen and

other laborers employed for such work in the central office and field storehouses before the beginning of such period: Provided, That the
number of such laborers shall not be increased over the number hired when the project or projects were commenced; and
(d) Emergency work necessitated by the occurrence of a public calamity, but such work shall be limited to the restoration of the damaged
facility.
No payment shall be made within five days before the date of election to laborers who have rendered services in project works except those
falling under subparagraphs (a), (b), (c) and (d) of this section.
This prohibition shall not apply to on-going public works projects commenced before the campaign period of one hundred and twenty days
prescribed under Section eight-one of this Code. For purposes of this provision, it shall be the duty of the government officials or agencies
concerned to report to the Commission the list of all ongoing public works projects being undertaken by them.
(2) The Department of Social Welfare and any other office in any other department of the Government performing functions similar to said
department, except for salaries of personnel, and for such other routine and normal expenses, and for such other expenses as the Commission
may authorize after due notice and hearing. Should a calamity of disaster occur, all releases normally or usually coursed through the said
departments and offices shall be turned over to, and administered and disbursed by, the Philippine National Red Cross, subject to the
supervision of the Auditor General or his representatives, and no candidate or his or her spouse or member of his or her family within the
second degree of affinity or consanguinity shall participate, directly or indirectly, in the distribution of any relief or other goods to the victims
of the calamity or disaster; and
(3) The Presidential Arm on Community Development and any other office in any other department of the government performing functions
similar to said department, except for salaries of personnel and for such other necessary administrative or other expenses as the Commission
may authorize after due notice and hearing.
Section 72. Prohibition Against Construction of Public Works, Delivery of Materials for Public Works and Issuance of Treasury Warrants and
Similar Devices. - (a) It shall be unlawful during the period of forty-five days preceding the election for any person to undertake the
construction of any public works, or to make deliveries of materials for public works, except for projects or works specifically exempted in the
next preceding section. (b) It shall be unlawful during the period of forty-five days preceding the election to issue, use or avail of treasury
warrants or similar devices undertaking future delivery of money, goods or other things of value chargeable against public funds.
Section 73. Suspension of Elective Provincial, Sub-provincial, City, Municipal or Municipal District, or Barrio Officers. - The provisions of
Republic Act Numbered Five thousand one hundred and eighty-five, otherwise known as the "Decentralization Act of 1967", and other laws to
the contrary notwithstanding, one hundred twenty days before any regular election or ninety days before a special election and until the same
is over, no elective provincial, sub-provincial, city, municipal, municipal district or barrio officer shall be suspended without the prior approval
of the Commission. The application of the "Anti-Graft and Corrupt Practices Act" in relation to the suspension and removal of elective officials
shall not be affected by, the provisions of this section, and their suspension or removal shall not require the approval of the Commission.
Section 74. Prohibition Against Dismissal of Employees, Laborers, or Tenants. - No employee or laborer shall be dismissed, nor tenants be
ejected, from their landholdings for refusing or falling to vote for any candidate of his employer or landowner. Any employee, laborer or tenant
so dismissed or ejected shall be reinstated and the salary or wage of the employee or laborer, or the share in the harvest of tenant, shall be
restored to the aggrieved party upon application to the proper court.
Section 75. Prohibition Against Appointment of New Employees, Creation of New Positions, or Giving Salary Increases. - It shall be unlawful
during the period of forty-five days before a regular election and thirty days before a special election:

(1) For any head, official, or appointing officer of a government office, agency or instrumentality, whether national or local, including
corporations and enterprises owned or controlled by the Government, to appoint or hire any new employee, whether provisional, temporary,
or casual, or to create and fill any new position, except upon prior authority of the Commission, after due notice and hearing.
The Commission shall not grant the authority sought unless it is satisfied that the position to be filled is essential to the proper functioning of
the office or agency concerned, and that the position shall not be filled in a manner that may influence the election.
As an exception to the foregoing provisions, a new employee may be appointed in case of urgent need: Provided, however, That notice of the
appointment shall be given to the Commission within three days from the date of appointment. Any appointment or hiring in violation of this
provision shall be null and void.
(2) For any government official to give or promise to give any increase of salary or remuneration or privileges to any government official or
employee, including those in government-owned or controlled corporations.
Section 76. Prohibition Against Transfer of Officers and Employees in the Civil Service, and Philippine Army, Philippine Constabulary,
Philippine Air Force and Philippine Navy Unit Commanders. - It shall be unlawful for any public official to make or cause any transfer or detail
whatever of any officer or employee in the civil service including public school teachers, or any army, constabulary, air force, or naval unit
commander of the Armed Forces of the Philippines within ninety days before any election except with the approval of the Commission upon
prior notice and hearing.
Section 77. Prohibition on Refusal of Public Utilities to Carry Election Mail Matter. - It shall be unlawful for any public utility or transportation
to refuse to carry official election mail matters free of charge, thirty days before and after the elections. Any such refusal to carry election mail
matters shall be cause for the cancellation or revocation of their certificates of public convenience or franchises.
Section 78. Prohibition Against Seeking Election Immediately Upon Termination of Office. - No official of any executive department, bureau or
office, or of any government-owned or controlled corporation, who is appointed by the President of the Philippines with the consent of the
Commission on Appointments, shall run for any public elective office until after the lapse of at least one hundred and fifty days if the position
for which he is running is a national office, and one hundred and twenty days for any other elective office after the termination of tenure of
office whether by resignation, retirement, expiration of tenure, removal or other similar causes. Any violation hereof shall, after due notice and
hearing, invalidate his certificate of candidacy; and the Commission shall not give due course to said certificate of candidacy.
Section 79. Criminal Liability of Custodians of Illegally Released Prisoners Before and After Election. - The Director of the Bureau of Prisons,
the provincial warden, the keeper of the jail and the person or persons who are required by law to keep prisoners in their custody who shall
illegally order or allow any prisoner detained in the national penitentiary, provincial, city or municipal jail to leave the premises thereof sixty
days before and thirty days after the election shall, if convicted by a competent court, be made to suffer the penalty of prision mayor in its
maximum period: Provided, That if the prisoner or prisoners so illegally released commit any act of intimidation, terrorism or interference, then
the penalty shall be life imprisonment.
Section 80. Prohibition of Too Early Nomination of Candidates. - It shall be unlawful for any political party or group to nominate candidates for
any elective public office voted for at-large earlier than one hundred and fifty days immediately preceding an election, and for any other
elective public office earlier than one hundred and twenty days immediately preceding an election.
Section 81. Limitation Upon the Period of Election Campaign or Partisan Political Activity. - It is unlawful for any person, whether or not a
voter or candidate, or for any group or association of persons, whether or not a political party, to engage in an election campaign or partisan
political activity except during the period of one hundred twenty days immediately preceding an election.

The term "candidate" refers to any person aspiring for or seeking an elective public office, regardless of whether or not said person has
already filed his certificate of candidacy or has been nominated by any political party as its candidate.
The term "election campaign" or "partisan political activity" refers to acts designed to have a candidate elected or not, or promote the
candidacy of a person or persons to a public office which shall include:
(a) Forming organizations, associations, clubs, committees or other groups of persons for the purpose of soliciting votes and/or undertaking
any campaign or propaganda for or against a party or candidate;
(b) Holding political conventions, caucuses, conferences, meetings, rallies, parades, or other similar assemblies, for the purpose of soliciting
votes and/or undertaking any campaign or propaganda for or against a candidate or party;
(c) Making speeches, announcements or commentaries or holding interviews for or against the election of any party or candidate for public
office;
(d) Publishing or distributing campaign literature or materials;
(e) Directly or indirectly soliciting for or against any candidate or party;
(f) Giving, soliciting, or receiving contributions for election campaign purposes, either directly or indirectly: Provided, That simple expressions
of opinions and thoughts concerning the election shall not be considered as part of an election campaign: Provided, further, That nothing
herein stated shall be understood to prevent any person from expressing his views on current political problems or issues, or from mentioning
the names of the candidates for public office whom he supports.
ARTICLE V
Election Precincts
Section 82. Election Precincts to be Established. - The unit of territory for the purpose of voting is the election precinct, and every
municipality or municipal district shall have at least one.
The Commission shall establish all election precincts. The precincts actually established in the preceding regular election shall continue with
such adjustments, changes or new divisions as the Commission may find necessary: Provided, however, That the territory comprising an
election precinct shall not be altered or a new precinct established within ninety days immediately preceding the date of regular election and
twenty-five days immediately preceding the date of a special election.
Section 83. Arrangement of Election Precincts. (a) Each election precinct shall have, as far as possible, two hundred voters and shall comprise, as far as practicable, contiguous and compact
territory.
(b) When it appears that an election precinct contains more than two hundred voters, the Commission shall, in the interest of an orderly
election, and in order to facilitate the casting of votes, be authorized to divide a precinct not later than one week after the registration day
before the board of inspectors. But the polling places of all the precincts created thereby shall be located in the same building or compound
where the polling place of the original precinct is located, and if this is not feasible, in a place as close as possible to the polling place of the
original precinct: Provided, however, That the polling place of the new precinct may be located elsewhere upon written petition of the majority
of the voters of the new precinct: Provided, further, That when a precinct is divided into two or more precincts, the registered voters shall be
included in the precinct wherein they reside. Every case of alteration of a precinct shall be duly published by posting a notice of any such
change in conspicuous location in the polling place, and in the municipal building or city hall, as the case may be.

(c) A municipality or municipal district which has been merged with another municipality shall constitute at least one election precinct, if the
distance between the remotest barrio of the merged municipality or district and the nearest polling place of the municipality to which it has
been merged shall, by the shortest road, exceed five kilometers.
(d) An island or group of islands having one hundred and fifty or more voters shall constitute a precinct.
(e) Any alteration of the election precincts or the establishment of new ones shall be communicated to the provincial treasurer, together with
the corresponding maps, which shall be published as prescribed in the next succeeding sections.
Section 84. Publication of Maps of Precincts. - At least thirty days before a regular election or ten days before a special election, the
Commission shall, through its duly authorized representative, post in the city hall or municipal building and in three other conspicuous places
in the city, municipality or municipal district and in a conspicuous place on the door of the polling place of each precinct, a map of the city,
municipality or municipal district showing its division into precinct with their respective boundaries and indicating therein even small streets
and alleys in populous areas and the location of each polling place.
These maps shall be kept posted until after the election is held.
Section 85. Posting Maps of Representative Districts. - In provinces or cities which are divided into representative districts, the Commission
shall cause to be prepared an outline map of each district showing the location and the names of cities, municipalities and municipal districts
or portions thereof included in the district. At least thirty days before a regular election and ten days before a special election, the Commission
shall, through its duly authorized representative, post copies of the map in the city hall or municipal building and in at least three other
conspicuous places in each city or municipality comprised within the district and shall keep them posted until after the election is held.
ARTICLE VI
Polling Places
Section 86. Designation of Polling Places. - The location of polling places designated in the preceding regular election shall continue with such
changes as the Commission may find necessary, after notice to political parties and candidates, if any, and hearing: Provided, That no location
shall be changed within forty-five days before a regular election and ten days before a special election, except in case it is destroyed or it
cannot be used.
Section 87. Requirements for Polling Places. - Each polling place shall be, as far as practicable, a ground floor and shall be of sufficient size to
admit and comfortably accommodate forty voters at one time outside the guard rail for the board of inspectors. The polling place shall be
located within the territory of the precinct as centrally as possible with respect to the residence of the voters therein and whenever possible,
such location shall be along a public road. No designation of polling places shall be changed except upon written petition of the majority of the
voters of the precinct or by agreement of all the political parties or by resolution of the Commission upon prior notice and hearing.
A public building having the requirements prescribed in the preceding paragraph shall be preferred as polling place.
Section 88. Buildings That Shall Not Be Used As Polling Place. - No polling place shall be located in a building owned, leased, or occupied by
any candidate or of any person who is related to any candidate within the third degree of consanguinity or affinity, or any officer of the
Government or any officer or leader of any political party, group or faction, nor in any building or surrounding premises under the actual
control of a private entity or political party. In places where no suitable public building is available, private school buildings may be used as
polling places.
Section 89. Signs and Flags of Polling Places. - On election day every polling place shall have in front a sign showing the number of the
precinct to which it belongs and the Philippine flag shall be hoisted in front at the proper height.

Section 90. Arrangement and Contents of Polling Places. - Each polling place shall conform as much as possible to the sketch on the following
page.
Section 91. Voting booths. - During the voting there shall be in each polling place a booth for every twenty voters registered in the precinct.
Each booth shall be open on the side fronting the table for the board of inspectors and its three sides shall be closed with walls at least
seventy centimeters wide and two meters high. The upper part shall be covered if necessary to preserve the secrecy of the ballot. Each booth
shall have in the background a shelf so placed that voters can write thereon while standing and shall be kept clearly lighted, by artificial lights,
if necessary, during the voting.
The Commission shall post inside each voting booth and elsewhere in the polling place on the day before the election a list containing the
names of all the candidates to be voted for, and shall at all times during the voting period keep such list posted in said places.
Section 92. Guard Rails. (a) In every polling place there shall be a guard rail between the voting booths and the table for the board of inspectors which shall have
separate entrance and exit. The booths shall be so arranged that they can be accessible only by passing through the guard rail and by
entering through its open side facing the table for the board of inspectors;
(b) There shall also be a guard rail for the watchers between the place reserved for them and the table for the board of inspectors and at a
distance of not more than fifty centimeters from the latter so that the watchers may see and read clearly during the counting the contents of
the ballots and see and count the votes recorded by the inspector on the corresponding tally sheets;
(c) There shall also be, if possible, guard rails separating the table for the board of inspectors from the voters waiting for their turn to cast their
votes, with entrance and exit to give them orderly access to the table and the booths during the voting.
(d) The polling place shall be so arranged that the booths, the table, the ballot boxes and the whole polling place, except what is being written
within the booths, shall be in plain view of the board of inspectors, the watchers and other persons who may be within the polling place.
Section 93. Ballot Boxes. (a) There shall be in each polling place on the day of the voting a ballot box containing two compartments, namely, the compartment for valid
ballots which is indicated by an interior cover painted white and the compartment for the spoiled ballots which is indicated by an interior cover
painted red. The boxes shall be uniform throughout the Philippines and shall be solidly constructed and shall be closed with three different
locks and such safety devices as the Commission may prescribe in such a way that they cannot be opened except by means of three distinct
keys and by destroying such safety devices.
(b) In case of the destruction or disappearance of any ballot box on election day, the board of inspectors shall immediately report it to the city,
municipal or municipal district treasurer who shall furnish another box or receptacle as equally adequate as possible and report such delivery
of a new ballot box by the fastest means of communication on the same day to the Commission.
Section 94. Tally Boards. - At the beginning of the counting there shall be placed within the plain view of the board of inspectors, watchers
and the public a tally board where the names of all the registered candidates shall be written, and one of the teacher-inspectors shall record
thereon the votes received by each of them as the chairman of the board of inspectors reads the ballots.
Section 95. Pencils. - In every polling place there shall be sufficient quantity of indelible pencils for the use of the voters.
Section 96. Furnishing of Ballots Boxes, Forms, Stationeries, and Materials for Election. - The Commission shall prepare and furnish the ballot
boxes, forms, stationeries, and materials necessary for the registration of voters and the holding of the election.

The provincial, city, municipal and municipal district treasurers shall have custody of election supplies and materials and shall be responsible
for their preservation and storage, and for any loss, destruction, impairment or damage of any election equipment, material or document in
their possession furnished under this Code.
The provincial board, or city, municipal or municipal district council shall at their respective expenses, provide a suitable storeroom for the
safekeeping of election supplies and materials in the custody of the provincial, city, municipal or municipal district treasurer, respectively.
Section 97. Inspection of Polling Places. - Before the day of election, the Chairman of the Commission shall, personally or through a deputy,
see to it that all polling places are inspected and such omissions and defects as may be found corrected. The Commission shall keep the
reports on these inspections.
ARTICLE VII
List of Voters
Section 98. Permanent List of Voters. - There shall be a permanent list of voters in each city, municipality or municipal district consisting of all
the applications for registration contained in all precinct books of voters of the city, municipality or municipal district approved in accordance
with Republic Act Numbered Thirty-five hundred and eighty-eight, as amended, and the provisions of this Code. For each election, said list with
such additions, cancellations and corrections as may be proper under this article shall constitute the permanent list of voters.
Section 99. Necessity of Registration to be Entitled to Vote. - In order that a qualified voter may vote in any regular or special election or in
any plebiscite, he must be registered in the permanent list of voters for the city, municipality or municipal district in which he resides:
Provided, That no person shall register more than once without first applying for cancellation of his previous registration.
Section 100. Who may be Registered in the Permanent List. - All persons possessing all the qualifications of a voter and none of the
disqualifications shall have the right and duty to be registered in the permanent list of voters of the city, municipality or municipal district
wherein they reside and be included in the precinct book of voters of their corresponding precincts. Any person who may not have on the date
of the registration any of the qualifications required may also be registered upon proof that on the date of the election he shall have such
qualification.
Section 101. Qualifications Prescribed for a Voter. - Every citizen of the Philippines, not otherwise disqualified by law, twenty-one years of age
or over, able to read and write, who shall have resided in the Philippines for one year and in the city, municipality or municipal district wherein
he proposes to vote for at least six months immediately preceding the election, may vote at any election.
Persons who transfer to another city, municipality or municipal district solely by reason of their occupation, profession, employment in private
or public service, educational activities, or work in military or naval reservations, or service in the armed, naval or air force, the constabulary,
or national police force, or confinement or detention in government institutions in accordance with law shall not be deemed to have at lost
their residence.
Section 102. Disqualifications. - The following persons shall not be qualified to vote:
(a) Any person who has been sentenced by final judgment to suffer an imprisonment of not less than one year, such disability not having been
removed by plenary pardon: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the
right to vote upon expiration of ten years after service of sentence unless during such period, he shall have been sentenced by final judgment
to suffer an imprisonment of not less than one year.
(b) Any person who has been adjudged by final judgment by competent court of having violated his allegiance to the Republic of the
Philippines.

(c) Insane or feeble-minded persons.


(d) Persons who cannot prepare their ballots themselves.
Section 103. Election Registrar. - There shall be in each city, municipality or municipal district at least one election registrar and a clerk
appointed by the Commission. Every election registrar shall be appointed to a specific city, municipality or municipal district; and once
appointed may not be transferred or removed to another city, municipality or municipal district without cause or his consent, except as
provided in Section three, paragraph (d). The salaries for the positions of election registrar and clerk in the city, municipality and municipal
district shall be at such rate as may be determined by the position classification to be made by the Commission: Provided, however, That in
the city, municipality or municipal district having four thousand registered voters or less, the Commission may at its discretion appoint an
election registrar, attach it to another political subdivision for purposes of registration, or appoint the city, municipality or municipal district
treasurer as election registrar with additional compensation to be fixed by the Commission but not to exceed fifty per cent of his salary as
treasurer.
The city, municipal or municipal district council, as the case may be, shall provide a suitable place for the office of the registrar: Provided, That
in case of failure of the city, municipal or municipal district council to provide such suitable place, the election registrar upon previous
authority of the Commission and notice to the council concerned, may lease another place for his office and rentals thereof shall be
chargeable to the funds of the city, municipality or municipal district.
Section 104. Qualification of Election Registrar. - Except in the case mentioned in the proviso of the next preceding section, only members of
the Philippine Bar may qualify for appointment as election registrar: Provided, That if there are no lawyers available for appointment,
graduates of duly recognized schools of law, liberal arts and education who are civil service eligibles may be appointed.
Section 105. Election Registration Board. - There shall be in each city, municipality or municipal district as many election registration boards
as there are election registrars appointed therein, each such election registration board to be composed of the election registrar as chairman
and two members to be appointed by the Commission upon proposal by the two political parties which polled the largest and the next largest
number of votes in the next preceding presidential election, and shall hold office until relieved by the Commission for cause or upon the
petition of the authorized representative of the party upon whose nomination the appointment was made.
The board shall meet every Monday during regular office hours, to discharge the functions herein conferred upon it: Provided, That the
Commission may require any particular board or boards to meet more or less often as the exigencies of its duties may require.
Section 106. Qualifications of Election Registration Board Members. - No person shall be appointed or act as member of an election
registration board unless he is a qualified voter, of good reputation, has not been convicted of any election offense or of any other crime
punishable by more than six months of imprisonment or has no complaint or information pending against him for any election offense.
Section 107. Compensation. - Every member of an election registration board representing a political party shall be entitled to a
compensation of fifteen pesos for each day of actual service in the board, but shall not be entitled to traveling expenses.
Section 108. Ineligibility of Public Officers and Employees. - Except for notaries public, no person holding a public office or position or who is
a candidate for an elective office may be appointed member of the election registration board.
Section 109. Registration of Voters. - Any qualified voter shall register by personally appearing before, and filing a sworn application for
registration in triplicate with, (a) the election registrar of the city, municipality or municipal district wherein he is a resident on any date after
having acquired the qualifications of a voter, but not later than the first Saturday of August of an election year or (b) the board of election

inspectors of the precinct wherein he resides on the last Saturday of August of an election year in case of regular election or on the second
Saturday from the date of the proclamation calling a special election in case of a special election.
To facilitate filing of application for registration the election registrar may hold office in any district, barrio or sitio within his jurisdiction,
without any traveling allowance, subject to the rules and regulations promulgated by the Commission.
Section 110. Application for Registration. - The sworn application for registration shall contain three (3) specimens of the applicant's
signature, clear and legible prints of all his fingers, and his passport or identification photograph which shall be at the expense of the
government if the applicant should so request. Said specimens of applicant's signature, legible prints of his fingers and passport or
identification photographs are indispensable requisites of a valid application. In the event an application is approved notwithstanding the lack
of any of the foregoing requisites, the applicant shall be required by the board to comply with the same by furnishing the required number of
specimen signatures, presenting the required photographs or allowing himself to be photographed at government expense, or allowing clear
and legible fingerprints to be taken of him, as the case may be. His unjustified refusal to comply as requested shall be a ground for his
exclusion from the permanent list of voters under Section one hundred thirty-seven hereof.
It shall be the duty and responsibility of the members of the registration board and the members of the board of inspectors before acting on
any application for registration to see to it that said application contains the three (3) specimens of the applicant's signature and that the
prints of all his fingers and identification photograph are properly affixed so that the same could be used as basis for the identification of the
voter.
Said application shall also contain the following:
(a) Name, surname and middle and/or maternal surname;
(b) Place of birth;
(c) Date of birth;
(d) Philippine citizenship;
(e) Civil status; if married, the surname of the spouse;
(f) Profession, occupation or work;
(g) Exact address with the name of the street, the house number or in case there be none, a brief description of the locality and place;
(h) That he possesses the qualifications required of a voter;
(i) That he is not disqualified to vote;
(j) That he is not registered nor has he applied for registration in any other precinct, otherwise, he shall state the precinct in which he
previously registered or applied for registration and attach thereto his sworn application for the cancellation of such previous registration;
(k) Space for the voting record of the person registered thereon;
(l) Such other information or data which the Commission may require.
Provided, That no person who applies for registration before the board of inspectors shall be registered unless at the time he files his
application he submits to the board four identical copies of his most recent photograph.
Section 111. Approval or Disapproval of Application Filed with the Election Registrar. - Upon receipt of the sworn application for registration,
the election registrar shall set it for hearing, notice of which shall be posted in the municipal building for at least three days before the
hearing. On the date of the hearing, the election registrar shall receive whatever evidence that may be submitted for or against the
application. He shall submit the application and the evidence to the election registration board at its next meeting; and the board shall, by

majority vote, act upon the application; and should it fail to do so within two consecutive meetings, including the meeting at which the
application has been submitted to it, the application shall be deemed to have been approved. Upon approval, the election registrar shall
forthwith issue the corresponding identification card to the registered voter.
If the election registration board disapproves the application, the applicant shall be furnished with a certificate of disapproval wherein the
ground for the disapproval shall be stated.
Section 112. Challenge of Right to Register Before the Election Registrar. - Any voter or representative of any political party of the city,
municipality or municipal district may appear before the election registrar to oppose or challenge any application for registration stating the
ground therefor. The challenge shall be under oath and shall be attached by the election registrar to the application together with proof of
notice of the date of hearing to the challenger and the voter.
Section 113. Publication of Application for Registration. - Within two days from approval or disapproval of any application for registration, the
election registrar shall post a notice in the municipal building giving the name and address of the applicant and the date of the application and
the action taken on the application and shall serve a copy thereof by registered special delivery mail or by personal delivery on the heads or
representatives of national political parties in the city, municipality or municipal district.
Section 114. Registration Before the Board of Inspectors and Preparation of Current List of Voters for Regular Election. - Any person qualified
to register as a voter may, after the last day of registration before the election registrar as provided for in Section one hundred nine hereof,
register before the board of inspector of the precinct where he resides on the last Saturday of August of an election year or on the second
Saturday following the date of the proclamation calling a special election, by personally appearing before said board and filing therewith his
application for registration.
If there is no challenge to the applicant's right to register, or if there is one and the board decides in favor of his registration, the application
shall be approved and shall be incorporated into the precinct book of voters: Provided, That the election registration board shall transmit to
the board of inspectors on the day of registration before said board of inspectors all applications pending approval before it to be acted upon
by the board of inspectors as herein provided.
At this meeting, the board of inspectors shall prepare and certify eight copies of the list of voters of the corresponding precinct transferring
thereto in alphabetical order the names of the voters appearing in the existing precinct book of voters and thereafter adding thereto such new
qualified voters whose applications for registration are approved.
Section 115. Registration Before Board of Inspectors and Preparation of Current List of Voters Before Any Special Election. - The board of
election inspectors shall meet in the polling place on the second Saturday following the date of the proclamation calling a special election for
the purpose of registering new voters in the province, city, municipality or municipal district concerned, as well as, for the preparation of the
current list of voters for that particular special election. At this meeting the board shall transfer the names of the voters appearing in the
existing precinct book of voters and shall include the new qualified electors applying for registration. At this meeting, the board of inspectors
shall also prepare and certify eight copies of the current list as provided in the next preceding section.
Section 116. Transfer of Voters from the Permanent List to the Current List. - The transfer of the names of the voters of the precinct already
registered in the precinct book of voters to the current list to be made as provided for in the two preceding sections is a ministerial duty of the
board, and any omission or error in copying shall be corrected motu proprio, or upon petition of the interested party, without delay and in no
case beyond three days from the time such error is noticed; and if the board should refuse, the interested party may apply for such correction
to the municipal judge of the municipality or of the capital of the province or to the judge of the court of first instance of the province, or to the

Commission in Manila, who shall decide the case without delay and in no case beyond one week from the day the petition is filed. The decision
of the judge of the court of first instance shall be final.
Section 117. Cancellations and Exclusions in the Transfer of Names. - In transferring the names of the voters of the precinct from the precinct
book of voters to the current list, the board shall exclude those who have applied for the cancellation of their registration, those who have
died, those who did not vote in two successive regular elections, those who have been excluded by court orders in accordance with the
provisions of this Code, and those who have become disqualified, upon motion of any member of the board or of any voter or watcher, upon
satisfactory proof to the board and upon summons to the voter in case of disqualification. The motion shall be decided by the board without
delay and in no case beyond three days from its filing. Should the board deny the motion, or fail to act thereon within the period herein fixed,
the interested party may apply for such exclusion to the municipal judge of the municipality or of the capital of the province, or the judge of
the court of first instance of the province, who shall decide the controversy without delay and in no case beyond one week from the date of
the petition is filed. The decision of the court of first instance shall be final. The poll clerk shall keep a record of these exclusions and shall
furnish a copy thereof to the city, municipal or municipal district election registrar, the provincial election supervisor of the province, and the
Commission, to be attached by them to the permanent list under their custody.
Section 118. Meeting to Close the Precinct Book of Voters Before Each Election. - The board of inspectors shall also meet on the first Saturday
in the month of October of the election year for a regular election, or on the Saturday immediately following the registration of voters in a
special election, for the purpose of making such inclusions, exclusions, and corrections as may be or have been ordered by the courts, stating
opposite every name so corrected, added, or cancelled the date of the order and the court which issued the same. After closing the precinct
book of voters, the board shall seal the same and make a certificate that the approved applications contained therein, stating the exact
number, are complete for the precinct.
Should it be determined during the closing and sealing of the precinct book of voters, that a precinct book contains fictitious applications, or
applications that have not been approved, or have been cancelled, any candidate, representative of a national political party, member of the
board of inspectors or voter may, within ten days after the books have been closed and sealed, apply to the court of first instance for an order
to exclude the same, and the matter shall proceed as provided in Section one hundred thirty-nine of this Code. It shall be prima facie evidence
that the applications sought to be excluded are fictitious or have not been approved if they are not included in any of the notices or lists
required by sections one hundred eleven, one hundred thirteen and one hundred twenty-three hereof.
Should it be determined during the closing and sealing of the precinct book of voters, that the precinct book fails to include any voter's
application that has been duly approved by the election registration board or by the board of inspectors and has not been properly cancelled
under Sections one hundred seventeen, one hundred nineteen, one hundred thirty, one hundred thirty-one and one hundred thirty-seven
hereof or transferred to another precinct under Section one hundred thirty-two of this Code, the voter concerned or any candidate, or
representative of any political party or member of the board of inspectors may apply to the court at any time for an order directing that his
application for registration be included in the book. He shall attach to his motion a certified copy of the voter's identification card or of the
notice of approval of the voter's application required by Section one hundred thirteen hereof, together with proof that he has applied, without
success, to the election registrar and that he has served a copy thereof on the election registrar.
After the precinct books have been closed and sealed, only those voters whose applications are included therein shall be allowed to vote,
except as may be ordered by the competent court.

The proceeding provided for in this Code for inclusion or exclusion of voters shall be in addition to and shall not affect any action for the
criminal liability of any person responsible for the violation of the provisions of this Code.
Section 119. Registration in Another City, Municipality or Municipal District; Cancellation of Previous Registration.- Any person who desires to
register as a voter in another city, municipality or municipal district to which he has transferred residence shall at least ten days before the
date set for registration before the board of inspectors personally file with or send by registered mail to the election registrar of the city,
municipality or municipal district wherein he is registered a sworn petition in quadruplicate for cancellation of his registration, attaching
thereto his voter's identification card and stating therein his address at his new residence. Upon receipt of the petition, the election registrar
shall verify the authenticity thereof and thereafter remove the application and place it in the inactive file. The election registrar shall send one
copy each to the provincial election supervisor of the province and to the Commission who shall remove the cancelled application from the
provincial central file and national central file, respectively.
On registration day, any registered voter may also file a similar petition for cancellation before the board of inspectors of the precinct where
he is registered and upon receipt of the petition, the board shall verify the authenticity thereof and remove the application from the precinct
book of voters, and immediately send one copy each of the petition to the election registrar, the provincial election supervisor and the
Commission. He may also file the petition for cancellation before the proper board of inspectors in his new residence when he registers therein
on registration day. The board shall immediately send by rush registered mail the original and another copy to the election registrar of the
voter's previous residence, one copy to the provincial election supervisor of the corresponding province, and another copy to the Commission.
Upon receipt of the petition, the election registrar shall verify the authenticity thereof and deliver one copy to the board of inspectors of the
corresponding precinct on revision day and the cancelled application shall be removed from the precinct book of voters. The provincial election
supervisor and the Commission shall remove the cancelled application from their respective files.
The election registrar shall post in the bulletin board a list of the names and addresses of voters whose applications have been cancelled for a
period of thirty days.
Section 120. Challenge of Right to Register Before Board of Inspectors. - Any registered voter or any person applying for registration with the
board of inspectors may be challenged before said board of inspectors on registration day by any inspector, voter, candidate or watcher. The
board shall then examine the challenged person and shall receive such other evidence as it may deem pertinent, after which it shall decide
whether the voter shall be included in or excluded from the list as may be proper. All challenges shall be heard and decided without delay, and
in no case beyond three days from the date the challenge was made.
After the question has been decided, the board shall give to each party a brief certified statement setting forth the challenge and the decision
thereon.
Section 121. Identification of Voters. - Any voter who is not known by the members of the board of inspectors may be identified by any
registered voter of the precinct or by the production of his birth or baptismal certificate or any identification card issued by the municipal
treasurer. No fees or documentary stamps shall be required on such documents.
Section 122. Certificate of the Board. - Upon the adjournment of the meeting for the registration of voters, the board of inspectors shall
prepare a certificate of the corrections and cancellations made in the permanent list, specifying them, or that there has been none, and of the
total number of voters registered in the precinct for the day.
Section 123. Publication of the Current Lists. - For the purpose of public information and reference only, at the first hour of the working day
following that of registration of voters, the poll clerk shall deliver to the city, municipal or municipal district election registrar a copy of the

current list certified to by the board of inspectors, another certified copy to the provincial election supervisor of the province and another copy,
likewise certified, to the Commission in whose offices said copies shall be open to public inspection during regular office hours. On the same
day and hour, the poll clerk shall also post a copy of the list in the polling place in a secure place on the door or near the same at the height of
one and a half meters where it may be conveniently consulted by interested parties. Each other member of the board shall also have a copy of
the list so prepared which may be inspected by the public in the residence or office of said member during regular office hours. Immediately
after the meeting to close the current lists, the poll clerk shall also send a notice to the officials and officers above-named regarding the
changes therein who shall make the corresponding changes in the current lists under their custody.
Notwithstanding the provision in the foregoing paragraph, in the event that the precinct book of voters is lost or destroyed or otherwise
unavailable, and there is no time to reconstitute the same by using the provincial or national central files, the current lists in the possession of
the board of inspectors may be used in lieu of the precinct book of voters.
The Commission shall promulgate rules and regulations governing such cases as well as procedures for the reconstitution of the lost precinct
book of voters.
Section 124. Meeting Hours of the Board. - The meeting of the board of inspectors for the registration of voters shall commence at seven
o'clock in the morning and shall continue until seven o'clock in the evening. The meeting may be suspended for one hour only at midday. If
upon the stroke of seven o'clock in the evening there are still within a distance of thirty meters in the front of the polling place persons who
wish to register, the board shall hand a card, signed by one of its members and consecutively numbered, to each of such persons; and upon
the production of such card, if they have the prescribed qualifications, the board shall register them in the list at the same meeting.
Section 125. Preservation of Voter's Application for Registration. - The original of the application for registration of each voter shall be
compiled and incorporated alphabetically into the existing precinct book of voters. The board shall send the duplicate on the day following the
date of the application to the office of the provincial election supervisor of the province and the triplicate to the national central file in the
Commission.
Section 126. Custody of the Precinct Book of Voters. - The election registrar shall deliver the precinct book of voters to the chairman of the
board of inspectors at seven o'clock in the morning of the registration day. Said book shall remain in the custody of the chairman until the first
hour of the first working day following the meeting to close the precinct book of voters when he shall return the same to the election registrar.
The latter shall keep the same in his custody and safekeeping and shall see to it that the same shall remain closed and sealed until election
day when he shall deliver the same closed and sealed to the board of inspectors. The board of inspectors shall return the precinct book of
voters to the election registrar upon the termination of the counting of votes.
Section 127. Provincial Central File of Registered Voters. - The duplicate copies of all approved applications for registration shall immediately
be sent to the provincial central file of registered voters which shall be under the custody and supervision of the provincial election supervisor
appointed by the Commission who shall be a member of the Philippine Bar. These applications shall be arranged alphabetically by precinct so
as to make the file an exact replica of the precinct book of voters and shall be open during office hours to the public with legitimate inquiries
for purposes of election.
Section 128. National Central File of Registered Voters. - The triplicate copies of all approved applications for registration shall immediately
be sent to the Commission. These applications shall be arranged alphabetically by precinct so as to make the file an exact replica of the
precinct book of voters, and shall be open during office hours to the public with legitimate inquiries for purposes of election.

Section 129. Voter's Identification. - The voter's identification card to be issued by the election registrar of the city, municipality or municipal
district shall serve and be considered as document for the identification of each registered voter: Provided, however, That no voter shall be
required to present his identification card on election day unless his identity is challenged as provided in Section one hundred seventy-eight
hereof: Provided, further, That his failure or inability to produce his identification card upon being challenged, shall not preclude him from
voting if his identity be shown from the photograph or fingerprints in his approved application in the precinct book or if he is identified under
oath by a member of the board of inspectors or by a duly accredited watcher.
No extra copy or duplicate of the voter's identification card shall be prepared and issued except upon authority of the Commission.
The voter's identification card shall be subject at any time to examination, change or renewal by the Commission, and failure of any registered
voter, without cause, after due notice, to surrender his voter's identification card shall be sufficient ground for its cancellation.
Each identification card shall bear the name and address of the voter, his age, sex, civil status, occupation, his passport or identification
photograph, thumbmark, number of the precinct where he is registered, his signature and the signature of the registrar.
Section 130. Cancellation Due to Death, Conviction and Failure to Vote in Two Successive Preceding Elections by Election Registration
Board. - The election registration board shall remove the voter's application for registration from the corresponding precinct book of voters of
the following after entering therein the cause for cancellation and shall place them in the inactive file:
(a) Those who have since died as certified to at the end of each month by the local civil registrar.
(b) Those who have since been sentenced by final judgment to suffer an imprisonment of not less than one year or of having violated their
allegiance to the Republic of the Philippines as certified to at the end of each month by the respective clerks of court of the court of first
instance, city courts and the municipal judge.
(c) Those who did not vote in two successive preceding regular elections as shown by the voting records of each voter after the holding of an
election.
The election registrar in behalf of the election registration board shall notify by mail or by personal delivery the registered voter of his
cancellation and the ground thereof and require the surrender of his voter's identification card. In cases of death, all notices and requirements
shall be directed to the voter's next of kin.
The names cancelled shall be published on the bulletin board immediately stating the reason for the cancellation and shall be reported to the
Commission and the provincial election supervisor together with copies of the certified statements of the local civil registrar, the clerk of court
of first instance, the clerk of the city court and the municipal judge. The provincial election supervisor and the Commission shall accordingly
remove the application for registration of the voters and file them in the inactive file after entering in their respective application the cause for
the cancellation of their registration.
Section 131. Cancellation of Previous Registration. - Any registered voter who, after approval of his application for registration, has suffered
any of the disqualifications set out in Section one hundred two hereof, may request for the cancellation of his registration by personally filing a
sworn application for said cancellation, setting forth the ground or grounds therefor, with the election registration board which shall proceed to
verify the truth thereof and, once established, shall cancel the voter's registration and issue the certificate of cancellation to the voter.
The election registration board concerned shall upon receipt of the application for cancellation of the registration remove his application for
registration from the corresponding precinct book of voters, which shall be placed in inactive file, and issue the certificate of cancellation to
the voter by registered mail or personally. The election registration board shall enter the corresponding notations in the application for
registration of said request for cancellation.

The election registrar shall preserve all applications for cancellation and shall report all cancellations made by him under this section to the
Commission and to the provincial election supervisor for their corresponding action. The names of the voters cancelled shall be posted in the
bulletin board for thirty days.
Section 132. Re-registration. - Voters who are registered in the permanent list of a city, municipality or municipal district need not register
anew therein, unless their residence is changed to another city, municipality, or municipal district in which case they shall have to register in
the permanent list of their new residence, upon previous application for cancellation of their previous registration. Those who have been
stricken out of the list upon their own petition or for not having voted in two successive regular elections may apply for registration, provided
they preserve the legal qualifications of a voter.
If a change of address within the city, municipality or municipal district involves merely a change of precinct, the voter shall notify in writing
the election registrar concerned for the latter to transfer his approved application for registration from the precinct book of voters of his former
address to that of his new precinct. However, no such transfers in the precinct book of voters shall be allowed later than the day preceding
registration day before the board of inspectors.
Section 133. Adjustment of the Precinct Book of Voters in Case of Division or Merger or Precinct. - When a precinct is divided into two or more
precincts or certain precincts are merged, the election registration board shall accordingly transfer the application for registration of the voters
included in the precinct book of voters of the precinct or precincts affected to the corresponding precinct book of voters of the resulting new or
adjusted precinct. All adjustments shall be reported to the Commission and the provincial election supervisor for their corresponding action.
Voters affected by the adjustment of precincts shall be notified by mail of their new precinct resulting from the adjustment.
Section 134. Voters Excluded Through Inadvertence or Registered with an Erroneous or Misspelled Name. - Any voter registered in the
permanent list as based on the precinct book of voters, may vote even if he has not been included in the current list or has been included
therein with a wrong or misspelled name.
Any voter whose application for registration has been duly approved but is not included in the precinct book of voters shall, upon presentation
of a certified copy of an order of a competent court for his inclusion in said precinct book of voters and, upon proper identification be allowed
to vote.
Section 135. Jurisdiction in Inclusion and Exclusion Cases. (a) The judge of the court of first instance and the municipal judge of the capital of the province shall have concurrent jurisdiction throughout
the province, and the municipal judges shall have in their respective municipalities concurrent jurisdiction with the former over all matters of
inclusion in and exclusion of voters from the precinct book of voters, but the one to whom the application is first presented shall acquire
exclusive jurisdiction thereon. However, if the judge of the court of first instance is in the province, the proceedings shall, upon petition of any
interested party filed before the presentation of evidence, be remanded to the said judge who shall hear and decide the same in the first
instance, within ten days from the date the records were received. Decisions of the municipal judge may be appealed to the judge of the court
of first instance within five days from receipt of notice by the parties. In case notice of appeal cannot be presented to the municipal judge
because of his absence, the interested party may lodge his appeal directly with the court of first instance which, upon receiving it, shall order
the municipal judge to forward the records of the case to the court of first instance within twenty-four hours from receipt of said order, and
may make it effective by contempt proceedings. The court of first instance upon receiving the records will try and decide the case within ten
days from the time the appeal was received. Notwithstanding the provisions of existing laws, any decision rendered by any court of first
instance may be appealed directly to the Supreme Court by any of the parties thereto within ten days from receipt of the decision.

(b) The municipal judge of the capital and the judge of the court of first instance may hold sessions in any municipality of the province as they
may deem fit, for the hearing and decisions of the application, and the traveling expenses and per diems of the judge and his personnel shall
be paid by the municipality to which the application corresponds and where they hold sessions.
Section 136. Application for Inclusion of Voter in the Permanent List. - Any person who has been refused registration or whose name has
been stricken out from the permanent list of voters may at any time except sixty days before a regular election or twenty-five days before a
special election apply to the proper court for an order directing the election registration board or the board of inspectors as the case may be,
to include or reinstate his name in the permanent list of voters, attaching to his application for inclusion the certificate of the election
registration board or the board of inspectors regarding his case and proof of service of a copy of his application and of the notice of the
hearing thereof upon a member of said board.
If the decision is for the inclusion of a voter in the permanent list, the application previously denied shall be reactivated and included in the
corresponding precinct book of voters wherein the court order shall be entered. However, if the decision of the court is received after the
precinct book of voters has been closed and sealed, the voter shall, upon presentation of a certified copy of the order of inclusion and upon
proper identification, be allowed to vote on election day.
Section 137. Application for Exclusion of Voters from the Permanent List. - Any registered voter, representative of a political party or election
registrar of the city, municipality or municipal district, may at any time except sixty days before a regular election and twenty-five days before
a special election apply with the proper court for the exclusion of a voter from the permanent list on the ground, that he is disqualified, or
illegally registered, giving the name and residence of the latter, and the election precinct in which he is registered. The application shall be
sworn to and accompanied by proof of notice to a member of the board of inspectors, if the same is duly constituted, or election registrar,
unless the latter is himself the petitioner and to the challenged voter. Final decisions of the courts ordering the exclusion of a voter shall be
transmitted immediately to the election registrar concerned or, on the day of registration before the board of inspectors and thereafter, to the
corresponding boards of inspectors who shall cancel the name of the voters involved from their precinct book of voters, stating opposite every
name cancelled the date of the order and the court which issued it. If the decision is received after the precinct book of voters has been
closed, the voter so excluded shall not be permitted to vote upon presentation to the board of inspectors of a certified copy of the order of
exclusion.
Section 138. Questions as to Right of Voter to be Registered for Special Elections. - On the registration day for special election and on any of
the following five working days, any voter's inclusion in, or exclusion from, the precinct book of voters may be requested upon application
therefor filed with the judge of the court of first instance, or with the municipal judge of the capital, or with the city or municipal judge of the
city or municipality in which the precinct concerned is located, in conformity with the general procedure prescribed for such cases, and with
such previous notice as may be practicable or may be required in the discretion of the judge. The court shall decide the case as the law may
warrant, within ten days following the day of the filing, and in no case shall the decision be rendered after the second day next prior to the
election.
Section 139. Common Rules Governing Judicial Proceedings in the Matter of Inclusion and Exclusion of Voters. (a) Outside of the regular office hours, no application for inclusion, or exclusion of voters shall be received.
(b) Notices to the members of the election registration board, board of inspectors and to the challenged voters shall state the place, date and
hour in which such application shall be heard, and such notice may be made by sending a copy thereof by registered mail or by personal
delivery to them, or by leaving it in the possession of a person of sufficient discretion in the residence of the said persons, or, in the event that

the foregoing procedure is not practicable, by posting a copy in conspicuous place within the municipality, at least ten days prior to the day
set for the hearing.
In the interest of justice and to afford the challenged voter all the opportunities to contest the application for exclusion, the judge concerned
may, when the challenged voter fails to appear on the first day set for the hearing, order that notice be effected in such manner and within
such period of time as he may decide, which time shall in no case be more than ten days from the day the respondent is first found in default.
(c) Each application shall refer to only one election precinct.
(d) No filing fees shall be collected nor any costs be assessed in these proceedings. However, if the judge should be satisfied that the
application has been filed for the sole purpose of molesting the adverse party and causing him to incur expenses, he may condemn the
culpable party to pay the costs and incidental expenses.
(e) Any candidate who may be affected by the proceedings may intervene and present his evidence.
(f) The decision shall be based on the evidence presented. If the question is whether or not the voter can read and write, such voter shall be
personally examined before the court and if the question is whether or not the voter is real or fictitious, his non-appearance on the day set for
hearing shall be prima facie evidence that the registered voter is fictitious. In no case shall a decision be rendered upon a stipulation of facts.
(g) These applications shall be heard and decided without delay. The decision shall be rendered within six hours after the hearing and within
ten days from the date of its filing or registration in court. Cases appealed or remanded to the judge of the Court of First Instance shall be
decided within six hours after the hearing and within ten days after their receipt in the office of the clerk of court.
Section 140. Power of Election Registrar and Board of Inspectors to Administer Oaths and Issue Summons. - The election registrar and the
board of inspectors shall have the same powers possessed by municipal judges to administer oaths, to issue subpoena and subpoena duces
tecum, to swear witnesses, and to compel witnesses to appear and testify, but if the summons is issued at the instance of any private party,
the corresponding fees and the expenses incurred thereto shall be paid in advance by said party.
Section 141. Canvass to Check Registration. - The election registrar shall, subject to the rules and regulations promulgated by the
Commission, conduct such mail check or house to house canvass or both, without traveling allowance, of the voters of any precinct for the
purpose of filing exclusion proceedings.
Section 142. Annulment of Permanent List of Voters. - Upon petition of any voter, candidate, election registrar or political party, any precinct
book of voters not prepared in accordance with the provisions of this Code, or the preparation of which is affected with fraud, bribery, forgery,
impersonation intimidation, force, or any other similar irregularity may, after due notice and hearing, be annulled by competent court:
Provided, That no judgment annulling a precinct book of voters shall be executed within ninety days before election day.
ARTICLE VIII
Board of Election Inspectors
Section 143. Composition and Appointment of Boards of Election Inspectors. - At least thirty days prior to the registration with the board of
inspectors in a regular election or, in the case of a special election, on the Saturday following the date of proclamation calling such election,
the Commission shall directly or through its duly authorized provincial representatives, appoint a board of election inspectors for each election
precinct to be composed of a chairman and four members, one of whom shall be designated concurrently as poll clerk, who shall hold office
until their successors are appointed for the next regular election, unless they are sooner relieved.
The chairman, the poll clerk and one member, as well as their corresponding substitutes, shall be public school teachers, precedence being
given to civil service eligibles who have been in the service for more than five years and are registered voters of the city, municipality or

municipal district. In case of non-availability of public school teachers, the Commission may appoint private school teachers or any officer or
employee in the civil service who is a registered voter of the city, municipality or municipal district to fill the vacancies. Public school teachers
who are appointed members of the board of inspectors and their substitutes may vote in their respective precinct where they are assigned on
election day: Provided, That they are qualified voters of the city, municipality or municipal district where they are assigned and that before the
precinct book of voters are closed and sealed, their approved applications for registration shall have been transferred to the precinct where
they are assigned as board members, under such rules that the Commission may provide.
The two members and their substitutes shall be appointed in accordance with the next succeeding section.
In places where the Commission after due notice and hearing considers election violence or terrorism to be imminent, and by reason thereof,
public school teachers and their substitutes are unable or unwilling to discharge their duties, the Commission may appoint ROTC cadets, who
are at least twenty-one years of age, as members of the board of inspectors to insure free, orderly and honest election therein.
Section 144. Representation of the Parties in the Board of Election Inspectors. - The appointment of the member of the board of inspectors
and his substitute shall be proposed by the party presenting candidates for election which polled the largest number of votes in the next
preceding presidential election and the other member and his substitute shall be proposed by the party presenting candidates for election
which polled the next largest number of votes in the same election.
The party affiliation of the candidates voted for shall be determined from their certificates of candidacy. The political parties through their duly
authorized officials shall choose their respective representatives in each legislative district who shall submit in writing at least ten days before
the date fixed for the appointment of the board of election inspectors, the names and addresses of persons whom they propose to be
appointed as members thereof. If said political party shall fail to propose the names of the persons to be appointed as members of the board
of inspectors, or if no political party is entitled to propose the appointment of said members, the Commission shall, at its discretion, choose
said members and their substitutes.
Section 145. Relief and Substitution of Members of the Board of Inspectors. - Public school teachers who are members of the board of
election inspectors shall not be relieved nor disqualified from acting as such members, except for cause and after due hearing.
Any member of the board of inspectors, nominated by a political party, as well as his substitute may at any time be relieved from office and
substituted with another having the legal qualifications upon petition of the authorized representative of the party upon whose nomination the
appointment was made, and it shall be unlawful to prevent said person from, or disturb him in, the performance of the duties of the said office.
A record of which case of substitution shall be made, setting forth therein the hour in which the replaced member has ceased in office and the
status of the work of the board of inspectors. Said record shall be signed by each member of the board including the incoming and outgoing
officers.
Section 146. Vacancy in the Board of Inspectors. - Every vacancy in the board of election inspectors shall be filled for the remaining period in
the manner hereinbefore prescribed.
Section 147. Qualifications of Members of the Board Inspectors Nominated by the Political Parties. - No person shall be appointed or shall sit
as member of the board of election inspectors or a substitute member thereof upon nomination of a political party, unless he is a qualified
voter of the municipality, of good reputation, shall not have been convicted of any election offense or of any other crime or shall have pending
against him an information for any election offense, and must know how to read and write the national language, English or local dialect.
Section 148. In Case of Disqualification of a Member of the Board. - In case a member of the board of inspectors shall become disqualified to
continue acting as such, his office shall immediately be filled by the substitute until the appointment of his successor by the Commission, and,

if the successor be likewise disqualified or cannot act for any reason whatsoever, the successor of the disqualified members shall be appointed
as soon as possible upon the nomination by the party of the predecessor or by its authorized representative.
Section 149. Ineligibility of Public Officers and Employees. - No person holding a public office or who is a candidate for an elective office may
be appointed member or substitute member of the board of inspectors.
Section 150. Relationship with Other Members and Candidates. - No member of the board shall be related to any other member of the same
board or to any candidate to be voted in the precinct within the fourth civil degree of consanguinity or affinity. It shall be unlawful for any
person who, knowing that he is related as above-stated to any candidate or to any member of the board, shall knowingly fail to notify the
Commission about such relationship, assume the office of member thereof and perform the duties pertaining thereto.
Section 151. Certificate of Appointment of Board Member. - The members of the board of inspectors shall receive an appointment in which
the election precinct to which they may be assigned and the date of their appointment shall be stated.
Section 152. Prohibition of Political Activity. - No member of the board of election inspectors shall engage directly or indirectly in partisan
political activity or take part in any election except to discharge his duties as such and to vote.
Section 153. Functioning of the Board of Inspectors. - During the meetings of the board and especially during the voting and counting of
votes, not more than one member of the board shall absent himself from the polling place at a time, and in no case shall such absence be for
more than twenty minutes. The board of inspectors shall act through its chairman, and shall decide without delay all questions which may
arise in the performance of its duties by majority vote of the chairman and four members.
Section 154. Temporary Vacancies. - If, at the time of the meeting of the board, any member thereof including the poll clerk is absent, or the
office is still vacant, the members present shall call upon the substitute of the absent member to perform the duties of the latter; and, in case
such substitute cannot be found, the members present shall appoint any qualified voter of the election precinct to temporarily fill said vacancy
until the absent member appears or the vacancy is filled. In case there are two or more members present, they shall act jointly: Provided, That
if the absent member is one who has been nominated by a political party, the representative of said political party or in his absence the
watchers belonging to said political party shall nominate a qualified voter of the election precinct to temporarily fill said vacancy: Provided,
further, That in the event of refusal or failure of either representative or watcher of said political party to make the nomination, the members
of the board of inspectors present shall choose a qualified voter to fill the vacancy.
Section 155. Arrest of Absent Member. - The member or members of the board present may order the arrest of any other member or
substitute thereof, who in their judgment, has absented himself with intention of obstructing the performance of the duties of the board.
Section 156. Temporary Designation of Members of the Board of Inspectors by Watchers. - If at the time in which the board must meet all the
officers and members of the board are vacant, or if not one of them shall appear, the watchers present may designate qualified voters of the
precinct to act in the place of said members until the absentees shall appear or the vacancies are filled.
Section 157. Oath of the Members of the Board. - The members of the board, whether permanent, substitute or temporary, shall before
assuming their office, take and sign an oath upon forms prepared by the Commission, before an officer authorized to administer oaths or, in
his absence before any other member of the board present, or in case no one is present, they shall take it before any voter. The oaths shall be
sent immediately to the municipal treasurer.
Section 158. Publicity of, and Order, during the Proceedings of the Board. - The meetings of the board shall be public and shall be held only in
the polling place designated by the Commission.

The board shall have full authority to keep order within the polling place and its environs, to keep access thereto open and unobstructed, and
to enforce obedience of its lawful commands. If any person shall refuse to obey a lawful command of the board, or shall conduct himself in a
disorderly manner in its presence or within its hearing and thus interrupt or disturb its work or the proceedings in connection with the voting
and counting of votes, the board may issue an order in writing directing any peace officer to take such offending person into custody until the
adjournment of the meeting; but such order shall not be executed as to prevent the person so taken into custody from exercising his right to
vote at such election. Such order shall be executed by any peace officer to whom it may be delivered, but if none shall be present, by any
other person deputized thereto by the board in writing.
Section 159. Official Watchers of the Candidates. (a) All political parties duly registered through their duly authorized officials or representatives, duly registered with the Commission, shall be
entitled to not more than six watchers each in every polling place and independent candidates shall be entitled to one watcher each. All
watchers shall be of legal age and not disqualified for any of the grounds for disqualification mentioned in Section one hundred forty-seven of
this Code. The duly authorized officials of the political parties entitled to watchers shall choose in each province, city, municipality or municipal
district their respective representative authorized to appoint watchers.
(b) Upon entering the polling place, the watcher shall present and deliver to the chairman of the board of inspectors his appointment and
forthwith his name shall be recorded in the minutes. To entitle him to be admitted in the polling place, the appointment of the watcher shall
bear the personal signature or the facsimile signature of the registered candidates who appointed him, or the personal signature or facsimile
signature of the authorized representative of the party to which said watcher belongs.
(c) The watchers shall have the right to stay in the space reserved for them inside the polling place. They shall have the right to witness and
inform themselves of the proceedings of the board, to take notes of what they may see or hear, to file a protest against any irregularity which
they believe may have been committed by the board of inspectors, to obtain from the poll clerk a certificate as to the filing of such protest or
of the resolution thereon, and to read the ballots after they have been read by the chairman as well as the election returns after they have
been completed and signed by the members of the board, without touching them, but they shall not speak to any member of the board.
Section 160. Pay of Members of the Board of Inspectors. - The members of the board of inspectors shall each receive a per diem of thirty
pesos on election day and ten pesos for every meeting day before election. The per diem shall be paid on election day and on each meeting
day.
ARTICLE IX
Official Ballots
Section 161. Official Ballots. - Ballots for national and local offices shall be uniform throughout the Philippines and shall be provided at public
expense. They shall be of uniform size and color; shall be printed in a letter press method of printing on paper with water-mark. Said ballots
shall be in the shape of a strip with stubs and coupons containing the detachable numbers of the ballots, and shall bear at the top on the
middle portion thereof the cost of arms of the Republic of the Philippines, the words "Official Ballot," the name of the city or the municipality or
municipal district and province in which the election is held, the date of the election, the following notice: "Fill out this ballot secretly inside the
booth. Do not put any distinctive mark in any part of this ballot," and the precinct number. Each ballot shall contain the names of all offices to
be voted for in the election, allowing opposite the name of each office, sufficient space or spaces within which the voter may write the name
or names of the individual candidate voted by him.
There shall not be anything on the reverse side of the ballot. There shall be in the coupon a space for the thumbmark of the voter.

Ballots in cities, municipalities, and municipal districts where Arabic is of general use, shall have each of the titles of offices to be voted printed
in Arabic in addition to and immediately below the English title.
Notwithstanding the preceding provisions of this section, the Commission on Elections is hereby empowered to prescribe a different form of
ballot with the use or adoption of the latest technological and electronic devices as authorized under paragraph (e) of Section three hereof.
No official ballot, forms for election return, precinct book of voters shall be delivered to the boards of inspectors earlier than the first hour of
election day: Provided, however, That the Commission, after notice to the political parties and the candidates, and hearing may, for special
reasons to be stated in the resolution justifying earlier delivery, authorize the delivery of said official ballots, precinct books of voters and
forms for election return to the board of inspectors of any particular precinct at an earlier date.
Section 162. Manner of Folding the Ballots. - The ballots shall be folded twice toward the bottom with the entire coupon and its detachable
number visible.
Section 163. Printing and Arrangement of the Official Ballots. - The official ballots shall be printed by the Bureau of Printing under the
supervision and control of the Commission and shall be bound in separate pads of fifty or one hundred ballots each as may be required.
Each ballots shall be joined by a perforated line to a stub numbered consecutively, beginning with number one in each city, municipality and
municipal district. Each ballot shall also have at its bottom a detachable coupon bearing the same number of the stub. Each pad of ballots
shall bear on its cover the name of the city, municipality or municipal district in which the ballots are to be used, the serial numbers of the
ballots contained therein, and the precinct number. The Director of Printing and the provincial, city, municipal, and municipal district treasurer
shall respectively keep a record of the ballots furnished the various provinces, cities, municipalities, municipal districts and election precincts,
copy of which record shall be furnished the Commission immediately after the distribution is made.
Section 164. Emergency Ballots. - No ballots other than the official ballots shall be used or counted, except in the event or failure to receive
the official ballots on time, or where there are not sufficient ballots for all registered voters or where they are destroyed at such time as shall
render it impossible to provide other official ballots, in which cases the municipal treasurer shall procure from any available source, other
ballots which shall be as nearly like the official ones as circumstances will permit and which shall be uniform within each precinct. The
municipal treasurer shall immediately report such action to the Commission.
Section 165. Sample Official Ballots. - Board of election inspectors shall be furnished by the Commission with at least thirty sample official
ballots, printed on colored paper in all respects like official ballots but bearing instead the words "sample official ballot" to be shown to the
public and used in demonstrating how to fill out and fold the official ballots properly. No name of any actual candidate shall be written on
sample official ballots, nor shall they be used for voting.
Section 166. Requisition and Preparation of Official Ballots. - Official ballots shall be furnished by the Director of Printing upon orders of the
Commission. Requisitions shall be for each city, municipality and municipal district at the rate of one and one-half ballots for national offices
and one and one-half ballots for local offices for every registered voter in the next preceding election. The Commission shall have exclusive
charge of the manner of the preparation and printing of the official ballots, and shall provide security measures for their storage and
distribution.
Section 167. Committee on Printing of Official Ballots. - The Commission shall appoint a committee of five members to act as its
representatives in the printing of official ballots who shall be chosen as follows: one to act as chairman to be chosen from among the
personnel of the Commission; another member to be proposed by the Director of Printing; another by the Auditor General; and two other

members, each to be proposed by the two political parties which polled the highest and second highest number of votes respectively in the
next preceding presidential election.
The member proposed by the political parties shall be a holder of a bachelor degree, and of good moral character. The Commission may, upon
the request of any other national political party, appoint any person as watcher proposed by it to observe the proceedings of said committee
on the printing of official ballots and file objections, if any, with the committee.
Section 168. Duties of the Committee on Printing Official Ballots. - Under such orders or instructions as the Commission may issue, the
Committee on Printing of Official Ballots shall (a) take charge of the room or rooms where the paper and paraphernalia used in the printing of
official ballots are stored and where printed official ballots are packed and prepared for shipment, and (b) witness the printing, storage and
shipment of official ballots.
Section 169. Representatives of the Political Parties, in the Distribution of Official Ballots in the Provinces and Cities. - Sixty days before
election day, the political parties obtaining the highest and second highest number of votes respectively in the next preceding presidential
election shall submit to the Commission or its duly authorized representatives in the different provinces and cities, the names of their
respective representatives who, together with the provincial and city treasurer, shall verify the contents of the box or boxes containing the
official and sample official ballots received from the Bureau of Printing by the latter and before their distribution.
ARTICLE X
Casting of Votes
Section 170. Voting Hours. - The poll shall open for the casting of votes at seven o'clock in the morning and shall close at three o'clock in the
afternoon, except when there are voters present within thirty meters in front of the polling place who have not yet cast their votes, in which
case the voting shall continue only to allow said voters to cast their votes without interruption. The poll clerk shall, without delay, prepare a
complete list containing the names of said voters consecutively numbered, and the voters shall be called to vote in the order in which they are
listed. Any voter in the list who is not present when his name is called out shall not be permitted to vote.
Section 171. Preliminaries to the Voting. (a) The board of inspectors shall meet at the polling place designated by the Commission at six thirty o'clock in the morning of election day
and shall have the precinct book of voters containing all the approved applications for registration of voters pertaining to the precinct, the
ballot box, the official ballots, sufficient pieces of indelible pencils for the use of the voters, the forms to be used during the day, and all other
materials which may be necessary.
(b) Immediately thereafter, the board shall the open the ballot box, shall empty both of its compartments, exhibit them to all those present
and being empty, shall lock its interior covers with three padlocks.
(c) The chairman shall forthwith show to the public and the watchers present the package of official ballots received from the city, municipal or
municipal district treasurer duly wrapped and sealed and the number of pads, the serial numbers and the type forms of the ballots in each pad
appearing on the cover, and shall subsequently break the wrapping and the seal. The board shall enter in the minutes the fact that the
package was shown to the public with its wrapping and corresponding seal intact and/or if they find that the wrapping and seal are broken,
such fact must be stated in the minutes as well as the number of pads and the serial numbers of ballots that they find in the package.
(d) The chairman and two party members of the board shall retain in their possession their respective keys to the padlocks during the voting.
(e) The box shall remain locked until the voting is finished and the counting begins. However, if it should become necessary to make room for
more ballots, the board may open the box in the presence of the whole board and the watchers, and the chairman shall press down with his

hands the ballots contained therein without removing any of them, after which the board shall close the box and lock it with its three padlocks
as herein before provided.
Section 172. Persons Allowed in and Around the Polling Place. - During the voting, no person shall be allowed inside the polling place, except
the members of the board of inspectors and their substitutes, the watchers, the representatives of the Commission, the voters casting their
votes, the voters waiting for their turn to get inside the booths whose number shall not exceed the number of booths and the voters waiting
for their turn to cast their votes whose number shall not exceed forty at any one time. The watchers shall stay only in the space reserved for
them it being illegal for them to enter places reserved for the voters or for the board, or to mingle and talk with the voters within the polling
place.
It shall be unlawful for any regular policeman or peace officer or any armed person belonging to any extra-legal police agency such as special
agents, confidential agents, temporary police, security guards, security agents, special police, and all other kinds of armed or unarmed extralegal police to enter any polling place and no policeman or peace officer shall be allowed to enter or stay inside the polling place except when
there is an actual disturbance of the peace and order therein. However, the board of inspectors may, if it deems necessary, make a call in
writing, duly entered in the minutes thereof, for the detail of a policeman or any peace officer for their protection or for the protection of the
election documents and paraphernalia, in which case, the said policeman or peace officer shall stay outside the polling place within a radius of
thirty meters near enough to be easily called by the board of inspectors at any time, but never at the door, and in no case shall the said
policeman or peace officer hold any conversation with any voter or disturb or prevent or in any manner obstruct the free access of the voters
to the polling place.
Section 173. Order of Voting. - The voters shall vote in the order of their entrance into the polling place. The voters shall have the right to
freely enter the polling place as soon as they arrive unless there are voters waiting inside, in which case they shall fall in line in the order of
their arrival and shall not crowd around the table of the board of inspectors. The voters after having cast their votes shall immediately depart.
Section 174. Manner of Obtaining Ballots. - The voter shall approach the chairman and shall give his name and address together with other
data concerning his person. In case any member of the board doubts the identity of the voter the board shall check his voter's identification
card or, if he does not have any, the board shall secure his signature and thumb print to compare them with the signature and thumb print in
the voter's application for registration. If the board is satisfied with his identity, the chairman shall then distinctly announce the voter's name
in a tone loud enough to be plainly heard throughout the polling place. If such voter has not been challenged, or if having been challenged the
question has been decided in his favor, the voter shall forthwith affix his signature in the space intended for that purpose in the precinct book
of voters, and the chairman shall, after first entering the number of the ballot in the corresponding space of the precinct book of voters, deliver
to the voter one ballot correctly folded. No person other than the chairman shall deliver official ballots not shall more than one ballot be
delivered at one time.
Section 175. Manner of Preparing the Ballot. - The voter, on receiving his folded ballot, shall forthwith retire to one of the empty voting
booths and shall there fill his ballot by writing in the proper space for each office the name of the person for whom he desires to vote. No voter
shall be allowed to enter a booth occupied by another, or enter the same accompanied by somebody, nor stay therein for a longer time than
necessary and in no case exceeding ten minutes, in case there are other voters who are waiting for their turn to vote, nor speak with anyone
other than as herein provided while inside the polling place. It shall be unlawful to prepare the ballots outside the voting booth, or to exhibit its
contents to any person, or to erase any printing from the ballot, or to intentionally tear or deface the same or put thereon any distinguishing

mark. It is likewise unlawful to use carbon paper, paraffin paper, or other means for making a copy of the ballot or make use of any other
means to identify the vote of the voter.
Section 176. Disposition of Spoiled Ballots. - If a voter shall spoil or deface a ballot in such a way that it cannot lawfully be used, he shall
surrender it folded to the chairman who shall note in the corresponding space in the precinct book of voters that said ballot is spoiled. The
voter shall then be entitled to another ballot which the chairman shall give him after announcing the number of the second ballot in the polling
place and recording its serial number in the corresponding space in the precinct book of voters. If the said second ballot is also spoiled or
defaced in such a way that it cannot lawfully be used, the same shall be surrendered to the chairman and recorded in the same manner as the
first spoiled or defaced ballot. The spoiled ballot shall, without being unfolded and without removing the detachable coupon, be distinctly
marked with the word "spoiled" and signed by the board of inspectors on the endorsement fold thereof and immediately placed in the
compartment for spoiled ballots. However, no voter shall change his ballot more than twice.
Section 177. Casting of Votes. (a) After the voter has filled his ballot he shall fold it in the same manner as when he received it and return it to the chairman.
(b) In the presence of all the members of the board of inspectors, he shall affix his thumbmark on the corresponding space in the coupon, and
deliver the folded ballot to the chairman.
(c) The chairman, in the presence and view of the voter and all the members of the board of inspectors, without unfolding the ballot or seeing
its contents, shall verify its number from the precinct book of voters where it was previously entered.
(d) The voter shall forthwith affix the imprint of his thumbmark by the side of his signature in the space intended for that purpose in the
precinct book of voters.
(e) The chairman shall sign in the space intended for that purpose beside the thumbmark of the voter.
(f) The chairman, after finding everything to be in order, shall then remove the coupon in the presence of the board of inspectors and of the
voter and shall deposit the folded ballot in the compartment of valid ballots, and the detached coupon in the compartment of valid ballots; and
(g) The voter shall then depart.
(h) Any ballot returned to the chairman whose detachable coupon has been removed not in the presence of the board of inspectors and of the
voter, or any ballot whose number does not coincide with the number of the ballot delivered to the voter, as entered in the precinct book of
voters, shall be considered as spoiled and shall be so marked and signed by the members of the board of inspectors.
Section 178. Challenge of Illegal Voters. (a) Any voter or watcher may challenge any person offering to vote for not being registered in the list or for using the name of another. In such
case, the board shall take the oath of the challenged person or shall otherwise satisfy itself as to whether or not the ground for the challenge
is true. For this purpose the board of inspectors shall have the same power possessed by municipal judges to administer oaths, to issue
subpoena and subpoena duces tecum and to compel witnesses to appear and testify;
(b) No voter shall be required to present his voter's identification card on election day unless his identity is challenged. His failure or inability
to produce his identification card upon being challenged, shall not preclude him from voting if his identity be shown from the photograph or
fingerprints in his approved application in the precinct book of voters or if he is identified under oath by a member of the board of inspectors,
or by a duly accredited watcher.
Section 179. Challenge Based or Corrupt Practices. - Any voter, candidate or watcher may, on the ground of corrupt practices in connection
with the election, challenge any voter offering to vote. In such case the challenged person shall take oath before the board that he has neither

received nor does he expect to receive, nor has paid, offered or promised to pay, nor has contributed, offered or promised to contribute money
or anything of value as consideration for his vote or for the vote of another; that he has not made or received any promise to influence the
giving or withholding of any such vote; and that he neither has made any bet nor is interested directly or indirectly in any bet which depends
upon the result of the election. Upon the taking of such oath by the challenged person, the challenge shall be dismissed; but, in case of his
refusal to take such oath, the challenge shall be sustained and he shall not be allowed to vote.
Section 180. Admission of Challenged Vote Immaterial in Criminal Proceedings. - The admission of the vote shall not be conclusive upon any
court as to the legality of the registration or the casting of the vote of the challenged voter in criminal action against such person for illegal
registration or voting.
Section 181. Record of Challenge and Oaths. - The poll clerk shall keep a record of challenges and oaths taken in connection therewith as
well as of the resolution of the board in each case and, upon the termination of the voting, shall certify that it contains all the challenges
made. The original of this record shall be attached to the original copy of the minutes of the voting as provided in the succeeding section.
Section 182. Minutes of Voting and Counting of Votes. - The board of inspectors shall prepare and sign a statement in five copies setting forth
the following:
1. The time in which the voting commenced and ended;
2. The serial numbers of the official ballots received;
3. The number of official ballots used and the number left unused;
4. The number of voters who cast their votes;
5. The number of voters challenged during the voting;
6. The names of the watchers present;
7. The time the counting of votes commenced and ended;
8. The number of official ballots found inside the compartment for valid ballots;
9. The number of valid ballots, if any, retrieved from the compartment for spoiled ballots;
10. The number of ballots, if any, found folded together;
11. The number of spoiled ballots withdrawn from the compartment for valid ballots;
12. The number of excess ballots;
13. The number of marked ballots;
14. The number of ballots read and counted;
15. The time the election returns were signed and sealed in their respective special envelopes; and
16. The number and nature of protests made by watchers. Copies of this statement after being duly accomplished shall be sealed in separate
envelopes and shall be distributed as follows; (a) The original shall be delivered to the representative of the Commission; (b) one copy to the
city, municipal or municipal district treasurer; (c) one copy each to the representatives of the major political parties in the board; and (d) one
copy shall be deposited inside the compartment for valid ballots.
Section 183. Prohibition of Premature Announcement of Progress of Voting. - No member of the board of inspectors shall, before termination
of the voting, make any statement as to whether a certain registered voter has already voted or not, as to how many have already voted or
how many so far failed to vote or any other fact tending to show or showing the state of the polls, nor shall he make any statement at any
time, except as a witness before a court, as to how any person voted.

ARTICLE XI
Counting of Votes by the Board of Inspectors
Section 184. Counting to be Public and without Interruption. - As soon as the voting is finished, the board of inspectors shall publicly count in
the polling place the votes cast and ascertain the result. The board shall not adjourn or postpone or delay the count until it shall be fully
complete, unless otherwise ordered by the Commission.
The Commission, in the interest of free, orderly, and honest elections, may order the board of inspectors to count the votes and to accomplish
the returns and other forms prescribed under this Code in any other place within the province.
Section 185. Excess Ballots. - Before proceeding to count the votes the board of inspectors shall count the ballots in the compartment for
valid ballots without unfolding them or exposing their contents, except so far as to ascertain that each ballot is single, and shall compare the
number of ballots in the box with the number of voters who have voted. If there are excess ballots they shall be replaced in the box and
thoroughly mingled therein; and one of the members designated by the board, without seeing the ballots and with his back to the box, shall
publicly draw out as many ballots as may be equal to such excess and, without unfolding them, place them in a package which shall be
marked "EXCESS BALLOTS" and which shall be sealed and signed by the members of the board. The package shall be placed in the
compartment for valid votes, but its contents shall not be read in the counting of votes. If, in the course of the examination, any ballots shall
be found folded together before they were deposited in the box, they shall be placed in a package for excess ballots. In case ballots with their
detachable numbers be found in the box, such numbers shall be removed and deposited in the compartment for spoiled ballots, and, if ballots
with the words "spoiled" be found in the box, such ballot shall likewise be placed in the compartment for spoiled ballots.
Section 186. Marked Ballots. - The board of inspectors shall then unfold the ballots and determine whether there are any marked ballots, and,
if any be found, they shall be placed in a package labeled "MARKED BALLOTS" which shall be sealed and signed by the members of the board
and placed in the compartment for valid ballots, and shall not be counted. A majority vote of the board shall be sufficient to determine
whether any ballot is marked or not. Non-official ballots which the board may find, except those which have been used as emergency ballots,
shall be counted as marked ballots.
Section 187. Compartment for Spoiled Ballots. - The ballots deposited in the compartment for spoiled ballots shall be presumed to be spoiled
ballots, whether or not they contain such notation; but, if the board of inspectors shall find that during the voting any valid ballot has by
mistake been placed in this compartment or any ballot separated as excess or marked has been erroneously placed therein and not in the
proper package, the board shall open said compartment after the voting and before the counting of votes for the sole purpose of drawing out
the ballots erroneously placed therein. It shall then prepare and sign a statement of such fact and lock the box with its three keys immediately
thereafter. The valid ballots so withdrawn shall be mixed with the other valid ballots, and the excess or marked ballots shall be placed in their
proper packages, which shall for such purpose be opened and again labelled, sealed, signed and kept as hereinbefore provided.
Section 188. Manner of Counting Votes. - The counting of votes shall be made in the following manner; the board shall form separate piles of
one hundred ballots fully extended, which shall be held together with rubber bands, with cardboards of the size of the ballots to serve as
folders. The chairman of the board shall take the ballots of the first pile one by one and read the names of the persons voted and the offices
for which they were voted in the order in which they appear thereon, assuming such a position as to enable the two party inspectors and all or
at least a majority of the watchers to read such names. One teacher-inspector shall record on the tally board as the names voted for each
office are read, the number of votes received by each candidate, each vote being recorded by a vertical line, except every fifth vote of the
same candidate which shall be recorded by a diagonal line crossing the previous four vertical lines. The poll clerk shall do likewise on the

election returns as prescribed in Section one hundred ninety hereof. After finishing the first pile of ballots, the board shall determine the total
number of the votes recorded for each candidate, the sum being noted on the tally sheet and on the election returns. In case of discrepancy
such recount as may be necessary shall be made. The ballots shall then be grouped together again as before the reading. Thereafter, the
same procedure shall be followed with the second pile of ballots and so on successively. After all the votes of the precinct have been counted
the board shall sum up the totals recorded for each candidate, and the aggregate sum shall be likewise recorded on the tally sheet and on the
election returns. It shall then place each pile of ballots in an envelope prepared for the purpose, and each envelop shall be closed, signed, and
deposited in the compartment for valid ballots. The tally sheet on which the votes have been recorded and wherein the partial and total sums
appear shall not be changed or destroyed but shall be kept in the compartment for valid ballots.
Section 189. Rules for the Appreciation of Ballots. - In the reading and appreciation of ballots, the board of election inspectors shall observe
the following rules:
1. Where only the Christian name of a candidate or only his surname is written, the vote for such candidate is valid, if there is no other
candidate with the same name or surname for the same office.
2. When on the ballot is written a single word which is the Christian name of a candidate and which is at the same time the surname of his
opponent, the vote shall be counted in favor of the latter.
3. When two words are written on the ballot, one of which is the Christian name of the candidate and the other is the surname of his opponent,
the vote shall not be counted for either.
4. A name or surname incorrectly written which, when read, has a sound similar to that name or surname of a candidate when correctly
written shall be counted in his favor.
5. When the name of a candidate appears in a space of the ballot for an office for which he is a candidate and in another space for which he is
not a candidate, it shall be counted in his favor for the office of which he is a candidate and the vote for the office of which he is not a
candidate shall be considered as stray, except when it is used as a means to identify the voter, in which case the whole ballot is invalid.
6. When in a space in the ballot there appears a name of a candidate that is erased and another clearly written, the vote is valid for the latter.
7. Ballots which contains prefixes such as "Sr.", "Mr.,", "Datu", "don", "ginoo", Hon.", "Gob.", or suffixes like "hijo", "Jr.", "segundo" are valid.
8. The erroneous initial of the name which accompanies the correct surname of a candidate, the erroneous initial of the surname
accompanying the correct name of a candidate, or the erroneous intermediate initial between the correct name and surname of a candidate
does not annul the vote in favor of the latter.
9. The fact that there exists another person who is not a candidate with the name or surname of a candidate does not prevent the adjudication
of the vote of the latter.
10. Ballots wholly written in Arabic in localities where it is generally use are valid. To read them the board may employ any person who upon
oath can do so impartially.
11. The use of nicknames or appellations of affection and friendship, if accompanied by the name or surname of the candidate, does not annul
such vote, except when they were used as a means to identify their respective voters, in which case the whole ballot is invalid: Provided, That
if a nickname is used unaccompanied by the name or surname of a candidate and it is one by which he is generally or popularly known in the
locality and stated in his certificate of candidacy, the same shall be counted in favor of said candidate, if there is no other candidate for the
same office with the same nickname.
12. Any ballot written with crayon, lead pencil, ball pen, or with ink, wholly or in part, is valid.

13. Where there are two or more candidates voted for an office for which the law authorizes the election of only one person, the ballot shall
not be counted in favor of any of them, but this shall not affect the validity of the other votes contained therein.
14. If the candidates voted for senators, for councilors or for other offices for which the election of two or more candidates is required exceed
the number to be elected, the ballot is valid, but the votes shall be counted only in favor of the candidates whose names were firstly written
by the voter within the spaces provided for said office in the ballot until the authorized number is covered.
15. Any vote in favor of the person who has not filed a certificate of candidacy or in favor of a candidate for any office for which he did not
present himself shall be void and counted as a stray vote but shall not invalidate the whole ballot.
16. Ballots containing the name of a candidate printed and posted on a blank space of the ballot or affixed thereto through any mechanical
process are totally null and void.
17. Any vote containing initials only or which is illegible or which does not sufficiently identify the candidate for whom it is intended shall not
be valid, but this shall not invalidate the whole ballot.
18. When there are two or more candidates for the same office with the same name or surname, the voter shall, in order that his vote may be
counted, add the correct name, surname or initial that will identify the candidate for whom he votes. But, if a candidate has been elected with
that name or surname in the immediately preceding election to the same office, a vote with that name or surname alone shall be counted for
him.
19. Circles, crosses or lines put on the spaces on which the voter has not voted shall be considered as signs to indicate his desistance from
voting and shall not invalidate the ballot.
20. Unless it should clearly appear that they have been deliberately put by the voter to serve as identification marks, commas, dots, lines, or
hyphens between the name and surname of a candidate, or in other parts of the ballots, traces of the letters "t". "j", and other similar ones,
the first letters or syllables of names which the voter does not continue, the use of two or more kinds of writing and unintentional or accidental
flourishes, strokes, or stains, shall not invalidate the ballot.
21. The accidental tearing or perforation of a ballot does not annul it.
22. Failure to remove the detachable number from a ballot does not annul such ballot.
23. Any ballot which clearly appears to have been filled by two distinct persons before it was deposited in the ballot box during the voting is
totally null and void.
24. Any vote cast in favor of a candidate for an elective position who has been disqualified under this Code shall be considered as stray and
shall not be counted but shall not invalidate the ballot.
25. If on the ballot is correctly written the name of a candidate but with a different surname, or is correctly written the surname of the
candidate but with different name, the vote shall not be counted in favor of any candidate having such name and/or surname but the ballot
shall be considered valid for other candidates.
Section 190. Statement of the Count. - The board of inspectors shall prepare the statement of the count, commonly known as the election
returns, simultaneously with the counting of the votes as prescribed in Section one hundred eighty-eight hereof. The statement shall be
prepared in sextuplicate and shall be of such size and so located as to be in full view of the public within the polling place while being
accomplished. For this purpose, it shall be placed against a blackboard or panel board also in full view of the public. Each vote read shall be
recorded by the poll clerk on the election returns by means of a vertical line, and every fifth vote for the same candidate shall be tallied with a
diagonal line across the four vertical lines previously tallied. The entry of votes for each candidate shall be closed with the signature of all the

members present, likewise to be affixed in full view of the public, immediately after the last vertical line, or immediately after the name of the
candidate who did not receive any vote.
The statement shall also show the date of the election, the name of the municipality and the number of the election precinct in which it was
held, the total number of ballots found in the compartment for valid ballots, the total number of ballots withdrawn from the compartment for
spoiled ballots because they were erroneously placed therein, the total number of excess ballots, the total number of rejected ballots, and the
total number of votes polled by each candidate, writing out the said number in words and figures, and, at the end of the statement, the board
shall make a certificate signed by all its members present that the contents are correct. The statement should be contained, if possible, in a
single sheet of paper, but, if this is not possible, each additional sheet of every copy shall be prepared in the same manner as the first sheet
and likewise signed by all the members of the board.
The commission shall take steps so that the entries on the original of the election returns are clearly reproduced on the second, third, fourth,
fifth and sixth copies thereof, and for this purpose the Commission shall acquire, if necessary, a special kind of carbon paper or chemicallytreated paper.
Should the Bureau of Printing not have the necessary facilities and in order to insure that the lines or spaces in the election returns are
properly aligned for all the copies thereof, the Commission may, at its discretion, engage the services of private printers, providing for proper
safeguards, allowing candidates and political parties or duly authorized representatives, should they so desire and at their own expense, to
witness the printing and distributing thereof.
Immediately upon the accomplishment of the election returns, each copy thereof shall, in the presence of the watchers and the public, be
detached, placed in the envelope specially designed for the purpose, and distributed as provided in this Code.
Section 191. Proclamation of the Result of the Election in the Polling Place. - Upon the completion of the statement of the election returns in
the precinct, the chairman of the board of inspectors shall orally and publicly announce the total number of votes received in the said election
in the said precinct by each and every of the candidates, naming them for each one of the office.
Section 192. Distribution of the Statements. - Immediately after the announcement of the result of the election in the polling place, the board
shall place one of the copies of the statement in the compartment for valid ballots, deliver one copy to the city, municipal or municipal district
treasurer, as the case may be, and send another copy to the provincial treasurer, another to the Commission and one copy each to the
representatives of the major political parties by the fastest means possible and in such manner as the Commission may prescribe to assure
safe delivery of the statements.
Section 193. Certificate of the Number of Votes Polled by the Candidates for an Office. - After the publication of the result of the election and
before leaving the polling place, it shall be the duty of the board of inspectors to issue a certificate of the number of the votes for a national or
provincial office, for city councilor, or for mayor or vice-mayor, to the watchers who may request them. All the members of the board shall sign
the certificate.
Section 194. Alterations and Corrections in the Election Returns. - Any correction or alteration made in the election returns by the board of
inspectors before the announcement of the results of the election in the polling place shall be duly initialed by all the members thereof.
After the announcement of the results of the election in the polling place has been made, the board of inspectors shall not make any alteration
or amendment in any of the copies of the election returns unless so ordered by a competent court upon petition of the members of the board
of inspectors within five (5) days from the date of the elections or twenty-four (24) hours from the time a copy of the election return concerned
is opened by the board of canvassers, whichever period is earlier. The petition shall be accompanied by proof of service upon all candidates

affected. If the petition is by all the members of the board of inspectors and the results of the election would not be affected by said correction
and none of the candidates affected objects thereto, the court, upon being satisfied of the veracity of the petition and of the error alleged
therein, shall order the board of inspectors to make the proper correction on the election returns.
However, if a candidate affected by said petition objects thereto, whether the petition is filed by all or only a majority of the members of the
board of inspectors , or if the results of the election would be affected by the correction sought to be made, the court shall proceed summarily
to hear the petition. If it finds the petition meritorious and there are no evidences or signs indicating that the identity and integrity of the ballot
box have been violated, the court shall order the opening of the ballot box. After satisfying itself that the integrity of the ballots therein has
also been duly preserved, the court shall order the recounting of the votes of the candidates affected and the proper correction made on the
election returns, unless the correction sought is such that it can be made without need of opening the ballot box.
Section 195. Delivery of the Ballot Boxes, Keys and Election Supplies and Documents. - Upon the termination of the counting of votes, the
board of inspectors shall place in the compartment for valid ballots, the packages of used ballots hereinbefore referred to, the unused ballots,
the tally sheets, a copy of the election returns, and the minutes of its proceedings, and then shall lock the ballot box with three padlocks and
such safety device as the Commission may prescribe. Immediately after the box is locked, the three keys of the box shall be placed in three
separate envelopes and shall be sealed and signed by all members of the board of inspectors. The Commission or its authorized
representatives shall forthwith take delivery of said envelopes, signing a receipt of thereof. The Commission or its authorized representative
shall keep one envelope under his custody and deliver forthwith and without delay another to the provincial or city treasurer and the other to
the provincial fiscal or city fiscal, as the case may be.
The ballot box, all supplies of the board of inspectors, and all pertinent papers and documents shall immediately be delivered by the board to
the city, municipal or municipal district treasurer who shall keep his office open all night on the day of the election if necessary for this
purpose, and shall provide the necessary facilities for said delivery at the expense of the city, municipality or municipal district. The precinct
book of voters shall be returned to the election registrar who shall keep it under his custody. The treasurer or election registrar as the case
may be, shall, on the day after the election, require the members of the board who failed to send the objects referred to herein to deliver the
same to him immediately and acknowledge receipt thereof in detail.
Section 196. Preservation of the Ballot Boxes, Their Keys and Disposition of Their Contents. (a) The Commission, the provincial fiscal, city fiscal or the city attorney, and the provincial or city treasurer shall keep the envelope containing
the keys in their possession intact during the period of three months following the election. Upon the lapse of this period, if before said date
the courts or tribunal have not ordered otherwise, the Commission, the provincial fiscal, city fiscal or the city attorney shall deliver to the
provincial treasurer or city treasurer the envelopes containing the keys under their custody.
(b) The city, municipal and municipal district treasurers shall keep the ballot boxes unopened in their possession in a secure place and under
their responsibility for three months, unless said ballot boxes are the subject of an official investigation by proper authorities, or a competent
court or tribunal shall demand them sooner, or the competent authority shall order their preservation for a longer time in connection with any
pending contest or investigation. However, upon a showing by any registered candidate that the boxes will be in danger of being violated if
kept in the possession of such officials, the Commission may order them kept by any other official it may designate. Upon the lapse of said
time and if there should be no order to the contrary, the Commission may authorize the city, municipal and municipal district treasurer who
shall, in the presence of a representative of the Commission, open the boxes and burn their contents except the copy of the minutes of the
voting and of the statement of election returns deposited therein which they shall take and keep.

(c) In case of calamity or fortuitous event such as fire or inundation or storm, or other similar event which actually causes damage to the ballot
boxes, and/or their contents, the Commission may authorize the opening of said ballot boxes to salvage the ballots and other contents by
placing them in another ballot box, if available, or by taking such other precautionary measures as may be necessary.
Section 197. Documents and Articles Omitted or Erroneously Placed Inside the Ballot Box. - If after the delivery of the keys of the ballot box
to the proper authorities, the board of inspectors shall discover that some election documents or articles required to be placed in the ballot
box were not placed therein, the board of inspectors instead of opening the ballot box to place therein said documents or articles shall deliver
the same to the Commission or its representatives specifically authorized to receive them. In no instance shall the ballot box be reopened to
place therein or take out therefrom any document or article except to retrieve copies of the election returns which would be needed in any
canvass and in such excepted instance, the members of the board of inspectors, watchers of the political parties and the candidates, the
municipal treasurers and the heads of the local chapters of all the national political parties shall be notified of the time and place of the
opening of said ballot box: Provided, however, That if there are other copies of the election returns outside of the ballot box which could be
used in the canvass, such serviceable copies of the election returns should be used in said canvass and the opening of the ballot box to
retrieve copies of the election return placed therein shall then be dispensed with.
ARTICLE XII
Board of Canvassers
1. Common Provisions
Section 198. Provincial and City Board of Canvassers. - The provincial board of canvassers shall be composed of the provincial election
supervisor as chairman, and the provincial treasurer, the provincial auditor, the provincial fiscal and the division superintendent of schools, as
members: Provided, That in cases where there are two or more division superintendents of schools in a province, the Commission shall appoint
as member the most senior among them, preference being given to the division superintendent of schools who is not a native of the province.
In the City of Manila and other chartered cities the board of canvassers shall be composed of a representative from the Commission who must
be a lawyer as chairman, and the city fiscal, the city treasurer, the city auditor and the city superintendent of schools , as members. A majority
of the members of the board shall constitute a quorum for the transaction of the business, and a majority vote of those present shall be
sufficient to render a decision of the body.
In no case shall the chairman and the members of the provincial board of canvassers or the board of canvassers for the City of Manila and
other chartered cities, as the case may be, be related within the fourth civil degree of consanguinity or affinity to any of the candidates in their
respective jurisdiction.
Section 199. Incapacity and Substitution of Members of Provincial and City Board of Canvassers. - In case of non-availability, absence,
disqualification due to relationship, or incapacity for any cause of the chairman of the provincial board of canvassers, the Commission shall
designate as his substitute any of the members of the board mentioned in the preceding section. With respect to the other members, the
Commission shall appoint as substitute the most senior district engineer, the district health officer, the register of deeds, the most senior clerk
of court of first instance of the province, or the municipal judge of the capital. In the City of Manila and other chartered cities, in case of nonavailability, absence, disqualification due to relationship, or incapacity for any cause of the chairman, the Commission shall designate as his
substitute any of the members of the board mentioned in the preceding section. With respect to the other members, the Commission shall
appoint as substitute, the city engineer, the city health officer, or the city register of deeds.
Section 200. Municipal or Municipal District Board of Canvassers. -

(a) The municipal or municipal district board of canvassers shall be composed of the senior district supervisor or in his absence, the senior
public school official or teacher who is not a member of the board of inspectors, as chairman, and the municipal or municipal district health
officer, municipal or municipal district treasurer and two ranking public elementary school teachers, as members. A majority of the members
of the board shall constitute a quorum for the transaction of business, and a majority vote of those present shall be sufficient to render a
decision of the body.
In no case shall the Chairman and the members of the municipal or municipal district board of canvassers be related within the fourth civil
degree of consanguinity or affinity to any of the candidates in their respective jurisdiction.
In case of non-availability, absence, or disqualification due to relationship, or incapacity for any cause of the chairman, the Commission shall
designate as substitute any of the aforementioned members of the board. With respect to the other members, the Commission shall appoint
as substitute civil service eligibles who are registered voters of the municipality or municipal district.
(b) For the first election in a new municipality or municipal district, the provincial board of canvassers shall act as board of canvassers to
proclaim the result of the municipal election.
Section 201. Prohibition Against Leaving Official Station. - During the period beginning election day until the proclamation of the winning
candidates, no members or substitute members of the provincial, city, municipal or municipal district board of canvassers shall be transferred,
assigned or detailed outside of his official station nor shall he leaves said station, without prior authority of the Commission on Elections.
Section 202. Supervision and Control Over Board of Canvassers. - The Commission shall have direct control and supervision over the
provincial, city, municipal and municipal district board of canvassers.
Any member of the board of canvassers including its secretary may at any time be relieved from office for cause and substituted with another
motu proprio by the Commission on Elections.
Section 203. When the Election Returns are Delayed, Lost or Destroyed. - In case its corresponding copy of the election return is missing, the
board of canvassers shall, by messenger or otherwise, obtain such missing election return from the board of inspectors concerned, or if said
missing election return has been lost or destroyed, the board, upon prior authority of the Commission, may use any of the authentic copies of
said election return other than the copy furnished the political parties, or a certified copy of said election return issued by the Commission, and
forthwith direct the fiscal to investigate the case and institute criminal proceedings against the person or persons who may be criminally
responsible thereof. The board of canvassers shall immediately report the matter to the Commission.
The Commission may, for justifiable causes, order the board of canvassers to commence the canvass notwithstanding the fact that not all the
election returns have been received by the provincial, city or municipal treasurer and to terminate the canvass and proclaim the candidates
elected on the basis of the available election returns if the missing election returns will not affect the result of the election.
Section 204. Material Defects in the Election Returns. - If it should clearly appear that some requisite in form or data had been omitted in the
election returns, the board shall return them by the most expeditious means, to the corresponding board of inspectors for correction. Said
election returns, however, shall not be returned for a recount of the ballots or for any alteration of the number of votes set forth therein:
Provided, That in case of the omission in the election returns of the name of any candidate and/or his corresponding votes, the board of
canvassers shall require the board of inspectors concerned to complete the necessary data in the election returns and affix therein their
initials: Provided, further, That if the votes omitted to be placed in the return cannot be ascertained by other means except by recounting the
ballots, the Commission after satisfying itself that the identity and integrity of the ballot box have not been violated, shall order the board of
inspectors to open the ballots box, and also after satisfying itself that the integrity of the ballots therein has been duly preserved, order the

board to count the votes for the candidates whose votes have been omitted in the presence of the candidates affected, or his representative
and thereafter complete the return.
Section 205. When Election Returns Appear to be Tampered or Falsified. - If the copy of the election return submitted to the board of
canvassers appears to be tampered, altered or falsified after it has left the hands of the board of inspectors, the board of canvassers shall use
the other authentic copies of said election return, except the copies furnished the political parties, and, if necessary, the copy inside the ballot
box which upon previous authority given by the Commission may be retrieved in accordance, with Section one hundred ninety-seven hereof. If
all copies of said returns are equally tampered, altered or falsified and cannot be used in the canvass, the board or any candidate affected
shall bring the manner to the attention of the Commission. The Commission shall then, after giving notice to all candidates concerned and
after satisfying itself that nothing in the ballot box indicates that its identity and integrity have been violated, order the opening of the ballot
box and likewise after satisfying itself that the integrity of the ballots therein has been duly preserved shall order the board of inspectors to
recount the votes of candidates affected and prepare a new return which shall then be used by board of canvassers as basis of the canvass.
Section 206. Recounting of Votes. - In case it appears to the board of canvassers that there exists discrepancies in two or more authentic
copies of election returns, other than the copies furnished the political parties from an election precinct or discrepancies in the votes of any
candidate in words and figures in the same return and in either case, the difference affects the result of the election, the proper Court of First
Instance, upon motion of the board or any candidate affected and after due notice to all candidates concerned shall proceed summarily to
determine whether the integrity of the ballot box had been preserved and once satisfied thereof shall order the opening of the ballot box to
recount the votes cast in the precinct solely for the purpose of determining the true result of the count of votes of the candidates concerned:
Provided, however, That if upon the opening of the ballot box it should appear that there are evidences or signs of replacement or tampering
of the ballots, the Court shall not recount the ballots but shall forthwith seal the ballot box and deliver the same to the Commission for
safekeeping.
Section 207. Watchers. - The candidates may appoint watchers to be present at, and take note of, all the proceedings of the provincial, city,
municipal or municipal district board of canvassers. The watchers shall have the right to file a protest against any irregularity in the election
returns submitted and to obtain from the board of canvassers a resolution in writing thereon, and to read the election returns without touching
them.
Section 208. Election Resulting in Tie. - Whenever in any election for any national, provincial, city, municipal or municipal district office, it
shall appear from the canvass that two or more candidates have received an equal and the highest number of votes or in the cases where two
or more candidates will be elected for the same position or two or more candidates received the same number of votes for the last place in the
number to be elected, the board of canvassers, after recording this fact in its minutes shall, by resolution, upon five days' notice to all the tied
candidates hold a special public meeting at which the board shall proceed to the drawing of lots of the candidates who have tied and shall
proclaim as elected that candidate who may be favored by luck, and the candidate so proclaimed shall have the right to assume office in the
same manner as if he had been elected by plurality vote. The board shall forthwith make a certificate stating the name of the candidate who
had been favored by luck and his proclamation.
Nothing in this section shall be construed as depriving a candidate to his right to contest the election.
2. Canvass of Votes Cast for National, Provincial and City Offices
Section 209. Canvass of the Provincial Board. - The provincial board of canvassers shall meet not later than six o'clock in the evening on
election day to canvass the returns that may have already been received by the provincial treasurer. It shall meet continuously from day to

day until the canvass is completed, but may adjourn only for the purpose of awaiting the other election returns from other municipalities. Each
time the board adjourns it shall make a total of all the votes cast for each candidate for national, provincial, and city offices, furnishing the
Commission in Manila by the fastest means of communication a copy thereof, and making available the data contained therein to mass media
and other interested parties. As soon as the other election returns are delivered, the board shall immediately resume canvassing until all the
votes cast in the province have been canvassed. Upon the completion of the canvass, the board shall make, as the case may be, separate
statements of all the votes received by each candidate for the Offices of President and Vice-President, Senator and Member of the House of
Representatives for each legislative district and by each candidate for provincial or city office. Upon the completion of the statements, the
board shall proclaim in accordance therewith, who has been elected to the House of Representatives from each legislative district and who has
been elected to each provincial and city office and shall post true copies of said proclamation in a conspicuous place for not less than one
week. With regard to the election of President and Vice-President, the board shall certify and transmit the returns as provided in the
Constitution.
The board shall prepare the certificate of election returns, supported by a statement of votes by precinct, for the election of President and
Vice-President, in quintuplicate by the use of carbon papers or such other means as the Commission shall prescribed to the end that all five
copies be produced in one handwriting. Each and every sheet of each and every copy shall bear the official seal of the province or city. Upon
the completion of these certificates and statements, they shall be enclosed in envelopes furnished by the Commission and sealed, and
immediately distributed as follows: the original copy, together with two complete sets of the carbon papers used shall be enclosed and sealed
in the envelope directed to the President of the Senate; and the second copy, together with the remaining two sets of carbon paper shall
likewise be enclosed and sealed in the envelope directed to the Commission and shall be delivered personally to the respective office of the
addressee by the provincial or city treasurer or his authorized representatives. The third and fourth copies shall be directed to each one of the
two major political parties mentioned in Section one hundred forty-four of this Code, and shall likewise be delivered personally to the
representative that each of said parties shall station for that purpose in the office of the Commission. The fifth copy shall be kept on file in the
office of the provincial or city treasurer. Any candidate for President or Vice-President shall be entitled, personally or by a duly authorized
representative, to examine, inspect, photograph, copy or obtain a certified true copy of the copy of the certificates of election returns and
supporting statements of votes by precinct and of the carbon papers used in their preparation that are filed with the Commission and with the
provincial or city treasurer under such rules and regulations as the Commission shall promulgate in order to safeguard the integrity of these
documents. With regard to the election of senators, the board shall merely state and certify the number of votes polled by the candidates
therefor and shall forthwith send by registered mail the corresponding statements to the Commission.
Section 210. Distribution of the Statements. - Copies of the statement of the result of the election for Member of the House of
Representatives and for provincial and city offices shall be made in sufficient number and signed by the members of the provincial board of
canvassers present and sealed with the seal of the provincial government. A copy of the statement shall be filed by the provincial treasurer in
his office, another sent immediately by registered mail to the Commission, another to the House of Representatives and one shall be sent
registered mail to each of the registered candidates participating in said election.
Section 211. Canvass of Votes for President and Vice-President. - On the second Monday of December next following the election, the
Congress shall assemble in joint session and canvass the returns of the votes cast for the President and Vice-President provided in the
Constitution.

Section 212. When Returns are Incomplete or Bear Erasures or Alterations. - When the certificate of election returns for every election for
President and Vice-President, duly certified by the board of canvassers of each province or city, and transmitted to the President of the Senate
as provided for in the Constitution, appears to be incomplete, the President of the Senate shall require the board of canvassers concerned to
transmit to his office, by personal delivery, the statement from precincts that were not included in the returns transmitted. Said supplemental
certificate of election returns shall be prepared and transmitted by the board of canvassers in the same manner as provided for in Section two
hundred and nine hereof: Provided, That supplemental certificate of election returns herein allowed shall reach the Senate President not later
than twelve o'clock noon on the third Tuesday of December.
When it appears that any certificate of election returns or supporting statement of votes by precinct bear erasures or alterations which may
cast doubt as to the veracity of the number of votes stated therein and may affect the result of the election, the Congress upon request of the
presidential or vice-presidential candidates concerned shall, for the sole purpose of verifying the actual number of votes cast for President or
Vice-President, or for both offices, count the votes as they appear in the statement of election returns from all the precincts in the province or
city in question, and for this purpose, the President of the Senate shall require the provincial or city treasurer concerned to deliver personally
to the Congress the copy of such statements of election returns canvassed by the provincial or city board of canvassers; and may also require
the Commission to place its copy of such statements of election returns at the disposal of Congress.
Section 213. Correction of Errors in Returns Already Transmitted to the President of the Senate. - No correction of errors allegedly committed
in the returns already transmitted to the President of the Senate shall be received and given due course by the Congress.
Section 214. Proclamation of the President-elect and the Vice-President-elect. - Upon the completion of the counting of the votes, the
persons respectively having the highest number of votes for President and Vice-President shall be declared elected; but in case two or more
shall have an equal, and the highest, number of votes for either office, one of them shall be chosen President, or Vice-President, as the case
may be, by a majority vote of all the Members of the Congress in joint session assembled.
Section 215. Canvass of Votes for Senators. - Thirty days after the election had been held, the Commission on Elections shall meet in session
and shall publicly count the votes cast for senators. The registered candidates in the number of senators required to be elected who obtained
the highest number of votes shall be declared elected. A copy of such statement shall be furnished to the Secretary of the Senate and to each
elected candidate.
In case it shall appear from the canvass of all votes for senators that two or more candidates have received the same number of votes for the
last place in the number to be elected, the Commission, after recording this fact in the corresponding statement, shall, upon three days' notice
to all the tied candidates so that they may be present if they so desire, hold another public session at which it shall proceed to the drawing of
lots of the candidates who have tied in the same manner as in the case of candidates for Member of the House of Representatives and shall
proclaim the candidate who may be favored by luck. The candidate so proclaimed shall have the right to assume office in the manner as if he
had been elected by plurality vote. The Commission shall forthwith make a statement of the procedure followed in drawing of lots, of its result,
and of the subsequent proclamation. Certified copies of the statement of the Commission on Elections shall be sent to the Secretary of the
Senate and to each one of the tied candidates.
3. Canvass of Votes Cast for Municipal and Municipal District Offices
Section 216. Canvass of the Election for Municipal and Municipal District Offices. - The municipal or municipal district board of canvasser
shall meet not later than six o'clock in the evening on election day for the purpose of canvassing the votes cast in the municipality for
candidates for municipal or municipal district offices, as the case may be. The municipal or municipal district treasurer shall produce before it

the election returns from the different election precincts already received by him. The board shall canvass continuously until the last
statement of election has been read, but may suspend the canvassing only for the purpose of waiting the other election returns, and shall
immediately resume canvassing upon receipt of said election returns. Each time the board suspends its canvassing, it shall prepare the total of
votes cast for each candidate for national, provincial, city, municipal or municipal district offices and send copies thereof by the fastest means
of communication to the Commission on Elections in Manila and to the provincial treasurer, making available the data contained therein to
mass media and other interested parties. After counting all the votes cast for candidates for municipal or municipal district offices, as the case
may be, the board shall proclaim as elected for said offices those who have polled the largest number of votes for the different offices, in the
same manner as hereinabove provided for the provincial board.
Section 217. Distribution of the Certification of Canvass and Proclamation. - The municipal or municipal district board of canvassers shall
prepare, signed by the members thereof and sealed with the seal of the municipal or municipal district government, sufficient copies of the
certificate of canvass and proclamation for immediate distribution as follows: (1) a copy, to be filed with the municipal or municipal district
secretary; (2) a copy for the municipal or municipal district treasurer; (3) a copy for the provincial treasurer; (4) a copy for the office of the
secretary of the provincial board; (5) a copy, to be sent by registered mail to the Commission.
The municipal or municipal district board of canvassers shall forthwith report, by telegraph, to the Commission the result of the canvass and
proclamation for municipal or municipal district offices.
ARTICLE XIII
Election Contests
Section 218. Assumption of Office Notwithstanding an Election Contest. - Every candidate for a provincial, city, municipal or municipal district
office duly proclaimed elected by the corresponding board of canvassers shall assume office, notwithstanding the pendency in the courts of
any contest against his election, without prejudice to the final decision thereon and applicable provisions of the Rules of Court regarding
execution of judgment pending appeal.
Section 219. Contest on the Ground of Ineligibility or Disloyalty. - Any voter may contest the election of a provincial, city, municipal or
municipal district officer-elect on the ground of ineligibility or of disloyalty to the Republic of the Philippines, by filing with the proper Court of
First Instance a petition for quo warranto within fifteen days after the proclamation of his election.
The case shall be conducted in accordance with the usual procedure and shall be decided within thirty days from the filing of the petition. A
copy of the decision shall be furnished the Commission.
Section 220. Ordinary Election Contest for a Provincial, City, Municipal and Municipal District Office. - A petition contesting the election of a
provincial, city, municipal or municipal district office-elect shall be filled with the proper court of first instance by any candidate for the same
office who has duly filed a certificate of candidacy, within fifteen days after the proclamation of his election.
Each contest shall refer exclusively to one office, but contests for offices of municipal or municipal district vice-mayor and councilor may be
consolidated in a single case.
Section 221. Judicial Counting of Votes in Contested Elections as Provided in the Preceding Section. - In an ordinary election contest, upon
the petition of any interested party or motu propio, when the interests of justice so require, the court shall immediately order that the precinct
books of voters, the ballot boxes, the election returns, and other documents used in the election, be produced before it and that the ballots be
examined and the votes recounted. For such purpose, it may appoint such officers as it may deem necessary and shall fix reasonable
compensation of each for every election precinct which they may completely revise and report upon.

Section 222. Procedure in Ordinary Election Contests. (a) Notice of the protest contesting the election of a candidate shall be served upon him by means of a summons at the postal address stated
in his certificate of candidacy, except when the protestee, without waiting for the summons, has made the court understand that he has been
notified of the protest or has filed his answer thereto;
(b) The protestee shall answer the protest within five days after receipt of the summons, or, in case there has been no summons, from the
date of his appearance and in all cases before the commencement of the hearing of the protest. The answer shall deal only with the election in
the precincts which are covered by the allegations of the protest;
(c) Should the protestee desire to impugn the votes received by the protestant in other precincts, he shall file a counter-protest within the
same period fixed for the answer, serving a copy thereof upon the protestant by registered mail or by personal delivery or through the sheriff;
(d) The protestant shall answer the counter-protest within five days after the notice;
(e) Within the period of five days counted from the filing of the protest any other defeated candidate for the same office may intervene in the
case as other contestants and ask for affirmative relief in his favor by a petition in intervention, which shall be considered as another protest,
except that it shall be substantiated within the same proceeding. The protestant or protestee shall answer the protest-in-intervention within
five days after notice;
(f) If no answer shall be filed to the protest, counter-protest, or to the protest-in-intervention, within the time limits respectively fixed, a
general denial shall be deemed to have been entered;
(g) In election contest proceedings, the permanent registry list of voters, shall be conclusive in regard to the question as to who had the right
to vote in said election.
Section 223. Bond or Cash Deposit. - Before the court shall take cognizance of a protest, or a counter-protest, or a protest-in-intervention, or
admit an appeal, the party who has filed the pleading or interposed the appeal shall file a bond with two securities satisfactory to the court
and for such amount as it may fix, to answer for the payment of all expenses and costs incidental to said protest or appeal including any
amount for moral and exemplary damages that may be adjudicated by the court, or shall deposit with the court cash in lieu of the bond or
both as the court may order. The court in which the contest is pending shall for good reason order from time to time that the amount of the
bond or cash deposit be increased, or order the disposition of such deposit as the course of the contest may require. In case the party who has
paid the expenses and costs wins, the court shall assess levy and collect the same as costs from the losing party.
Section 224. Decision of the Contest. - The court shall decide the protest within six months after it is presented in case of a municipal or
municipal district office, and within one year in case of provincial or city office, and shall declare who among the parties, including those
candidates referred to in the second paragraph of Section two hundred twenty hereof has been elected, or in the proper case that none of
them has been legally elected. The party who in the judgment had been declared elected shall have the right to assume office as soon as the
judgment becomes final. A copy of such final judgment shall be furnished the Commission.
In case the court finds that the protestant or intervenor and/or the protestee received the same number of votes, the court shall order the
drawing of lots by the tied candidates in the manner and with the same legal effect as provided in Section two hundred and eight of this Code.
A copy of the final decision shall be furnished the Commission.
Section 225. Moral and Exemplary Damages in Election Contests and Quo Warranto Proceedings. - In all election protests or in quo-warranto
proceedings, the court or the Electoral Tribunals of both Houses of Congress may adjudicate in the same case, moral, and exemplary damages
as it may deem just if the aggrieved party has included in his pleadings such claims.

In no case shall moral and/or exemplary damages exceed the amount equivalent to the total emoluments attached to the office concerned.
The following are sufficient ground for the adjudication of a claim for moral and/or exemplary damages:
(a) In favor of the original protestant or contestant or in favor of the protestant or contestant-in-intervention, if the court shall find in its
decision that the election of the protestee or respondent was made possible through fraud or any irregularity where said protestee or
respondent participated in or consented to, or otherwise tolerated the same, or that the protestee or respondent had maliciously filed a
counter-protest for the sole purpose of unduly delaying the termination of the case.
(b) In favor of the protestee or respondent, if the court shall find expressly in its decision that the protest or contest was filed in bad faith or
without sufficient cause or has been filed for the sole purpose of molesting him or causing him to suffer anxieties or to incur unnecessary
expense.
The provision on moral and exemplary damages contained in Title XVIII, Book IV, of the Civil Code of the Philippines, shall be applicable, in a
suppletory character, insofar as they are not inconsistent with the provisions of this Code.
Section 226. Adjudication of Moral and Exemplary Damages. - The moral and/or exemplary damages shall be adjudicated and shall form part
of the decision of the same case, and may be executed after the decision in the same case becomes final and executory.
Section 227. Appeal from the Decision in the Election Contests. - From any decision rendered by the Court of First Instance in the cases
stated in Sections two hundred nineteen and two hundred twenty hereof, except the election of municipal or municipal district vice-mayors
and councilors, the aggrieved party may appeal to the Court of Appeals or to the Supreme Court, as the case may be, within five days after
receipt of a copy of the decision: Provided, That no motion for reconsideration shall be entertained by the lower court.
The appeal shall proceed as in a criminal case and shall be decided within three months in cases of municipal or municipal district officials,
and within six months in cases of provincial or city officials after the case has been submitted for decision.
Section 228. Preferential Disposition of Contest. - The Court of First Instance and the appellate courts, in their respective cases, shall give
preference to election contests over all other cases, except those of habeas corpus, and shall hear and decide them without delay, within the
time limits fixed by this Code.
Section 229. Notice of Contests to the Office of the President of the Philippines and the Commission of Elections. - The clerk of court wherein
an election contest or quo warranto proceeding has been instituted and that of the court to which an appeal in said case has been taken, shall
give to the Office of the President of the Philippines and the Commission on Elections, immediate notice thereof as well as of its final
disposition. If the decision be that none of the parties has been legally elected, he shall certify such decision to the office of the President of
the Philippines and the Commission on Elections in the case of a provincial and city office, and in the case of a municipal or municipal district
office, to the Office of the President of the Philippines, to the Commission on Elections and to the provincial board.
Section 230. Election Offenses and Their Classification. - Violation of any of the provisions, or pertinent portions, of Sections thirty-six, thirtyseven, thirty-eight, thirty-nine, forty, forty-one, forty-two, forty-three, forty-four, forty-five, forty-six, forty-seven, forty-eight, forty-nine, fifty,
fifty-one, fifty-three, fifty-four, fifty-five, fifty-six, fifty-seven, fifty-eight, fifty-nine, sixty, sixty-one, sixty-two, sixty-three, sixty-four, sixty-five,
sixty-seven, sixty-eight, seventy, seventy-one, seventy-two, seventy-three, seventy-four, seventy-five, seventy-six, seventy-seven, seventyeight, seventy-nine, eighty, eighty-one, ninety-three, ninety-nine, one hundred, one hundred and eleven, one hundred and fourteen, one
hundred and fifteen, one hundred and sixteen, one hundred and seventeen, one hundred and eighteen, one hundred and nineteen, one
hundred and twenty-four, one hundred and twenty-nine, one hundred and thirty, one hundred and thirty-one, one hundred and thirty-three,
one hundred and forty-three, one hundred and forty-five, one hundred and forty-seven, one hundred and forty-eight, one hundred and forty-

nine, one hundred and fifty, one hundred and fifty-one, one hundred and fifty-two, one hundred and fifty-three, one hundred and fifty-eight,
one hundred and fifty-nine, one hundred and sixty-three, one hundred and sixty-eight, one hundred and sixty-nine, one hundred and seventy,
one hundred and seventy-one, one hundred and seventy-two, one hundred and seventy-three, one hundred and seventy-four, one hundred
and seventy-five, one hundred and seventy-six, one hundred and seventy-seven, one hundred and seventy-eight, one hundred and seventynine, one hundred and eighty-two, one hundred and eighty-three, one hundred and eighty-four, one hundred and eighty-five, one hundred and
eight-six, one hundred and eight-seven, one hundred and eighty-eight, one hundred and eighty-nine, one hundred and ninety, one hundred
and ninety-one, one hundred and ninety-two, one hundred and ninety-three, one hundred and ninety-four, one hundred and ninety-five, one
hundred and ninety-six, one hundred and ninety-seven, one hundred and ninety-eight, two hundred, two hundred and one, two hundred and
three, two hundred and four, two hundred and five, two hundred six, two hundred and seven, two hundred and nine, two hundred and ten, two
hundred and eleven, two hundred and twelve, two hundred and thirteen, two hundred and fifteen, two hundred and sixteen and two hundred
and seventeen shall be serious election offenses; and that of any of the provisions, or pertinent portions, of sections eighteen, nineteen, thirtyone, eighty-two, eighty-three, eighty-four, eighty-five, eighty-six, eighty-seven, eighty-eight, eighty-nine, ninety, ninety-one, ninety-two,
ninety-three, ninety-four, ninety-five, ninety-six, ninety-seven, one hundred and six, one hundred and eight, one hundred and nine, one
hundred and twenty-two, one hundred and twenty-five, one hundred and twenty-six, one hundred and twenty-seven, one hundred and twentyeight, one hundred and thirty-six, one hundred and thirty-nine, one hundred and forty-four, one hundred and fifty-three, one hundred and fiftyseven, one hundred and sixty-one, one hundred and sixty-four, two hundred and twenty-nine shall be less serious election offenses.
Section 231. Other Election Offenses. (a) The following shall be guilty of a serious election offense punishable in accordance with the provisions of Section two hundred and thirtythree of this Code:
1. Any person who deliberately makes any false or untruthful statement relative to any of the data or information required in the application
for registration as prescribed in Section one hundred and ten thereof;
2. Any member of the election registration board or of the board of election inspectors who knowingly approves the application of a person
who does not possess all the qualifications or who possesses any of the disqualifications prescribed by law for voters; or who knowingly
disapproves the application of a person who possesses all such qualifications and none of the disqualifications;
3. Any person who registers in substitution for another whether with or without the latter's knowledge and/or consent;
4. Any person who falsifies the voter's application for registration or the current list of voters;
5. Any person who deliberately imprints blurred or indistinct fingerprints on any of the copies of the application for registration, or on the
voter's identification card, or in the corresponding space on the voter's voting records in the precinct book of voters; or any election registrar
or member of the board of inspectors who deliberately or through negligence causes or allows the imprinting of blurred or indistinct
fingerprints in any of the above-mentioned election records; or any person who tampers with the fingerprints in said election records;
6. Any person who delays, or hinders or obstructs another from registering as a voter or from taking steps leading thereto;
7. Any person who shall falsely certify or identity another as a bona fide resident of a particular place or locality for the purpose of securing the
latter's registration as a voter;
8. Any person who delivers, hands over, entrusts, or gives directly or indirectly, his voter's identification card to another in consideration of
money or other benefit or promise thereof; or takes or accepts such voter's identification card directly or indirectly, by giving or causing the
giving of money or other benefit or making or causing the making of a promise thereof;

9. Any person who asks, demands, takes, accepts or possesses, directly or indirectly, the voter's identification card of another, in order to
induce the latter to vote or withhold his vote, or to vote for or against any candidate in an election, or any proposition in a plebiscite. It shall
be presumed prima facie that the asking, demanding, taking, accepting, or possessing is with such intent if done within the period beginning
thirty days before election day and ending thirty days after election day, unless the person who asks, demands, takes, accepts or possesses
the voter's identification card of another and the latter are both members of the same family.
10. Any election registrar, or any person acting in his behalf, who issues or causes the issuance of a voter's identification card or cancels or
causes the cancellation thereof in violation of the provisions of this Code;
11. Any person who falsifies a voter's identification card or alters it without authority, or knowingly possesses such falsified or unlawfully
altered voter's identification card;
12. Any person who, without authority, issue or causes the issuance of a voter's identification card or cancels or causes the cancellation of any
voter's identification card;
13. Any person who uses the voter's identification card of another for the purpose of voting, whether or not he actually succeeds in voting;
14. Any election registrar, member of the election registration board, member of the board of inspectors or any person acting in their behalf
who fails, without cause, to post or to give any of the notices or to make any of the reports required by this Code relative to the registration of
voters under Sections one hundred and fifteen, one hundred and nineteen, one hundred and twenty-one, one hundred and twenty-five, one
hundred and thirty-two, one hundred and thirty-three, and one hundred and thirty-four;
15. Any election registrar or member of the board of inspectors or any person acting in their behalf who takes or carries any registration form
already issued to a city or municipality or municipal district outside of said city or municipality or municipal district except as otherwise
provided in this Code or when directed by express order of the court or of the Commission;
16. Any person who places, inserts or otherwise includes, as approved applications for registration in the precinct book of voters or in the
provincial or national central files of registered voters, the application of any fictitious voter or any application that has not been approved; or
removes from, or otherwise takes out of, the precinct book of voters or the provincial or national central files of registered voters, any voter's
application duly approved, except upon lawful order of the Commission, or of a competent court or after proper cancellation as provided in
Sections one hundred nineteen, one hundred thirty, one hundred thirty-one, one hundred thirty-two and one hundred thirty-seven of this Code;
17. Any person who, without authority, prints or causes the printing of any ballot that appears as official ballot; or who distributes or causes
the same to be distributed to be used in the election, whether or not they are actually used;
18. Any person who, without authority, keeps, uses or carries out or causes to be kept, used or carried out, any official ballot or sample ballot
or printed proof thereof, type-form mould, electro-type patterns plate, electro-type printing plates and any other plates, numbering machines
and other printing paraphernalia being used in connection with the printing of official and sample official ballots;
19. Any official or employee of the Bureau of Printing or of the Commission or any member of the Committee in charge of the printing of
official and sample official ballots who causes official ballots and sample official ballots to be printed in quantities exceeding those authorized
by the Commission, or who distributes, delivers or in any manner disposes or causes to be distributed, delivered, or disposed of, any official
ballots or sample official ballots to any person or persons not authorized by law or by the Commission to receive or keep official ballots or
sample official ballots or who sends or causes them to be sent to any place not designated by law or by the Commission;
20. Any person who opens the package of any pad of official ballots before the hour fixed for the start of the voting in the polling place on
election day;

21. Any person who, not being a registered voter of the precinct, votes therein in any election or plebiscite;
22. Any person who votes more than once in the same election;
23. Any person who votes in substitution for another whether with or without the latter's knowledge and/or consent;
24. Any person who allows his ballot to be prepared by another; or who prepares the ballot of another, with or without the latter's knowledge
and/or consent;
25. Any person who avails himself of any scheme to discover the contents of the ballot of a voter who is preparing or casting his vote or who
has just voted;
26. Any voter, who in the course of voting, uses a ballot other than the one given by the board of inspectors or who has in his possession more
than one official ballot;
27. Any person who places under arrest or detains a voter without lawful cause, 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 for whom he voted;
28. Any member of the board of inspectors charged with the duty of reading the ballots during the counting of votes who deliberately omits
the name duly written on the ballot, or reads another name in lieu of the name actually written thereon, or reads a name of a candidate where
no name is written on the ballot;
29. Any member of the board of canvassers who proceeds with the canvass of votes and/or proclamation of candidates in the absence of
quorum or without giving due notice of the date, time and place of meeting of the board to any absent members;
30. Members of the board of canvassers who, without authority of the Commission or competent court, use in the canvass of the votes and
proclamation of candidates, any document other than the copy of the election returns submitted to it by the treasurer, or any copy of the
election returns which on its face shows uninitiated alterations, erasures or superimpositions;
31. Any person who, without authority, acts as, or assumes or performs any function of, the member of the election registration board, board
of inspectors, board of canvassers, or deputy or representative of the Commission;
32. Any person who, in the presence or within the hearing of the election registration board, board of inspectors or board of canvassers during
any of its meetings, conducts himself in a disorderly manner in such a way as to interrupt or disrupt its work or proceedings to the end of
preventing said bodies from performing their functions, either partly or totally;
33. Any person who withdraws, abstracts, destroys or cancels any certificate of candidacy duly filed and which has not been withdrawn or
cancelled upon petition of the registered candidate himself or upon orders of the Commission; or any person who misleads the board of
inspectors by submitting any false or spurious certificate of candidacy or document to the prejudice of a duly registered candidate;
34. Any person who, for the purpose of disrupting or obstructing election processes or causing confusion among the voters propagates false
and alarming reports or information regarding any matter related to the printing of the official ballots, the postponement of elections, the
transfer of polling places, or the withdrawal of any certificate of candidacy;
35. Any person who, without or against the lawful order of the Commission, holds or causes the holding of an election for a public office on a
day other than that fixed by law or by the Commission, or stops an election being legally held, or who holds an election not legally authorized.
36. Any person who publicly carries a firearm, and actually threatens voters to vote for or against any candidate or not to vote at all or
prevents the chairman or any member of the board of inspectors or the board of canvassers, or a duly appointed watcher from freely
performing his duties be means of force, violence, coercion, threats or intimidation;

37. Any person who, without legal authority, destroys, or takes away from the possession of those having legal custody thereof, or from the
place where they are legally deposited, any ballot box which contains official ballots or other documents used in the election, or any election
return, certificate of election returns or certificate of canvass and proclamations;
38. 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 of competent court; or who tampers with the same or any
of its contents; or who through commission or negligence, enables any person to commit any of the aforementioned acts, or take away said
ballot box from his custody; and
39. Any person who by any device or means jams, obstructs or interferes with a radio or television broadcast of any lawful political program.
(b) The following shall be guilty of a less serious election offense punishable in accordance with the provisions of Section two hundred and
thirty-three of this Code.
1. Any person who tampers with, tears down or destroys a map of representative district duly posted in a conspicuous place of the locality in
accordance with Sections eighty-four and eighty-five hereof;
2. Any person who, being ineligible for appointment as member of the election registration board or of the board of election inspectors,
accepts an appointment to said board, assumes office and actually serves as a member thereof; or any public officer or any person acting in
his behalf who appoints such ineligible person knowing him to be ineligible;
3. Any election registrar who submits to the election registration board, for action by said board, any applications for registration which does
not contain the exact address with street name and house number of brief description of the address of the applicant as required by Section
One hundred and ten hereof; or who maliciously assigns any voter, whose application has been approved, to a precinct other than the precinct
that compromises the address of the voter;
4. Any public official, or any person acting in his behalf, who relieves any member of the board of inspectors or who changes or causes the
change of the assignment of members of the board without authority of the Commission;
5. Members of the board of inspectors who knowingly use ballots other than the official ballots, except in those cases where the use of
emergency ballots is authorized by Section One hundred and sixty-four hereof;
6. Any provincial, city, municipal or municipal district treasurer who neglects or fails to properly preserve and account for any ballot box,
documents, forms and other election supplies and materials received by him and kept under his custody;
7. Any election registrar who neglects or fails to properly preserve and account for any precinct book of voters, voter's application for
registration, and other registration forms, supplies and materials received by him and kept under his custody;
8. Any person who prevents a member of the board of inspectors or board of canvassers or a watcher from filing his protest; or any member of
the board of inspectors or board of canvassers who refuses to incorporate said protest in the minutes; or any one who prevents a watcher from
attending the session of the board of inspectors or board of canvassers; or any member of the board of inspectors or board of canvassers who
refuses to recognize and allow a lawfully appointed watcher in the meeting of the board during the voting, counting of votes in the polling
place, or canvass by the board of canvassers;
9. Any member of the board of inspectors including the poll clerk, or any member of the board of canvassers who signs an election return or a
certificate of canvass and proclamation, or any legal election form used, prior to the termination of the acts or incidents required by this Code
to be stated therein, or who signs any of said documents outside of the place legally designated for the accomplishment of the same, or not in
the presence of the persons required to witness said signing;

10. Any member of the board of election inspectors or board of canvassers who, without justifiable reason, refuses to sign and certify any
election form required by this Code although he was present during the meeting of the said board;
11. Any member of the election registration board, board of inspectors, or board of canvassers who deliberately absents himself from the
meetings of said board for the purpose of obstructing or delaying the performance of the duties of the board.
Section 232. Persons Criminally Responsible. - The principals, accomplices, and accessories shall be criminally responsible for election
offenses. If the one responsible be an entity, its president or chief, the officials and employees of the same performing duties connected with
the offense committed, and its members who may be principals, accomplices or accessories, shall be responsible, in addition to the
responsibility of such entity.
Section 233. Penalties. - Any one found guilty of a serious election offense shall be punished with imprisonment of not less than six years and
one day but not more than twelve years; and any one guilty of a less serious election offense, with imprisonment of not less than one year but
not more than six years: Provided, That if the person found guilty is a public officer or employee, or a member of the police force, who takes
advantage of his office or position to commit offense, the maximum of the penalty shall be imposed. The rules of the Revised Penal Code shall
be applied by analogy. In both cases the guilty party shall be further sentenced to suffer disqualification to hold a public office and deprivation
of the right of suffrage, and to pay the costs, if, he be a foreigner, he shall, in addition, be sentenced to deportation which shall be enforced
after the prison term has been served. Any political party or entity found guilty shall be sentenced to pay a fine of not less than six thousand
pesos but not more than one hundred thousand pesos, which shall be imposed upon such entity after criminal action has been instituted
against the corresponding officials thereof.
Section 234. Jurisdiction of Courts of First Instance. - The Court of First Instance shall have exclusive original jurisdiction to make preliminary
investigations, issue warrants of arrest and try and decide any criminal action or proceeding for violation of this Code. From its decision an
appeal shall lie as in other criminal cases.
Section 235. Prescription. - Election offenses shall prescribe after two years from the date of their commission, but if the discovery of such
offenses be made in election contest proceedings, the period of prescription shall commence on the date on which the judgment in such
proceedings becomes final and executory.
Section 236. Prosecution of Election Offenses. - The Commission shall, through its duly authorized legal officers, have the power to
investigate and prosecute before the Court of First Instance on preliminary investigation all election offenses.
ARTICLE XIV
Non-Impairment of Presidential Powers
Section 237. Non-impairment of Presidential Powers. - Nothing in this Code shall be construed as in any manner affecting, or constituting an
impairment of, the Constitutional powers of the President of the Philippines.
ARTICLE XV
Legal Fees
Section 238. Collection of Legal Fees. - The Executive Officer of the Commission may demand the several fees hereinafter mentioned and
allowed for the following business done in the Commission and no more:
(a) For every publication for the registration of a political partyP1,000.00(b) For filing a petition requiring formal hearing, including all services
in the same24.00(c) For furnishing certified transcript including transcript of stenographic notes of record or copies of any record, decision or
ruling or entry of which any person is entitled to demand and receive a copy, for every one hundred words0.25(d) For every certificate entered

on process0.20(e) For every search of anything of any record of more than one year's standing and reading the same0.50 Section 239. Fees
to be Advanced by Party Initiating Action. - The fees mentioned in the preceding section shall be paid to the cashier of the Commission at the
time of the entry of the petition in the Commission by the party who files the same, and the cashier of the Commission shall in all cases issue
a receipt for the same and shall enter the amount received upon his book specifying the date when received, the person from whom received
and title of the petition in which received. The cashier shall immediately report such payment to the Executive Officer of the Commission. If
the fees are not paid, the Commission may refuse to proceed with the petition until these fees are paid, or may dismiss it.
The Executive Officer of the Commission shall keep a docket of all the cases filed which shall bear correlative numbers in succession in
accordance with the date of payment of the fees required and which shall be open to public inspection at any time during office hours.
ARTICLE XVI
Transitory Provisions
Section 240. Designation of Certain Pre-election Acts Immediately After the Approval of this Act. - If upon the approval of this Act, it should
no longer reasonably be possible to observe the periods and dates herein prescribed for certain pre-election acts in the 1971 elections, the
Commission shall fix other periods or order that voters shall not be deprived of their right of suffrage.
Section 241. Application of Section Seventeen. - The provisions of Section seventeen shall apply prospectively.
Section 242. Filing of Certificates of Candidacy for the 1971 Elections. - All persons seeking to be elected to a public office in the regular
elections immediately following the approval of this Act shall file their certificate of candidacy at least sixty days before the elections.
Section 243. Officials Seeking Election in the 1971 Elections. - Incumbent officials who, upon the effectivity of this Act, would otherwise be
disqualified by the provisions of Section Seventy-eight of this Code, may seek election to a public office provided they resign within fifteen
days from the approval of this Act.
Section 244. Use of Suitable Paper Materials for Election Returns in the 1971 Elections. - If the Commission cannot procure the special kind of
paper for the printing of the election returns prescribed under Section One hundred ninety of this Code for the 1971 elections, the Commission
may use any paper material and carbon paper suitable for the purpose provided that the requirements under said section and Section ninetysix hereof shall be complied with as far as practicable.
ARTICLE XVII
Final Provisions
Section 245. Forms. - The forms for the observance of the provisions of this Code shall be formulated and issued by the Commission and may
be printed in any private printing press. The forms observed prior to the effectivity of this Act may be followed if the same are in accordance
with the provisions hereof until changed by the Commission.
Section 246. Pending Actions. - Pending actions and causes of actions arising before the effectivity of this Code shall be governed by the laws
then in force.
Section 247. Limitation on Powers of Commission. - The Commission shall have such powers pertaining to election matters, only as are
expressly granted in this Code, existing laws or jurisprudence to the contrary notwithstanding. Nothing herein contained shall be construed as
a grant of implied powers.
Section 248. Separability Clause. - If for any reason any section or provision of this Act, or any proportion thereof, or the application of such
section, provision or portion to any person, group or circumstance, is declared invalid or unconstitutional, the remainder of the Act or the
application of such provision to other persons, groups or circumstances shall not be affected by such declaration.

Section 249. Repealing Clause. - Republic Act Numbered One hundred and eighty, otherwise known as the "Revised Election Code," as
amended, and Republic Act Numbered Three thousand five hundred and eighty-eight, as amended, are hereby repealed. All other laws,
executive orders, rules and regulations, or parts thereof, inconsistent with the provisions of this Code are hereby repealed, amended or
modified accordingly.
Section 250. Effectivity of this Code. - This Act shall take effect upon its approval.
Approved: September 2, 1971
REPUBLIC ACT No. 2382
THE MEDICAL ACT OF 1959
ARTICLE I
Objectives and Implementation
Section 1. Objectives. This Act provides for and shall govern (a) the standardization and regulation of medical education; (b) the examination
for registration of physicians; and (c) the supervision, control and regulation of the practice of medicine in the Philippines.
Section 2. Enforcement. For the purpose of implementing the provisions of this Act, there are created the following agencies: the Board of
Medical Education under the Department of Education, and the Board of Medical Examiners under the Commissioner of Civil Service.
ARTICLE II
The Board of Medical Education Its Functions
Section 3. Composition of Board of Medical Education. The Board of Medical Education shall be composed of the Secretary of Education or his
duly authorized representative, as chairman, and the Secretary of Health or his duly authorized representative, the Director of the Bureau of
Private Schools or his duly authorized representative, the chairman of the Board of Medical Examiners or his duly authorized representative, a
representative of private practitioners, upon recommendation of an acknowledged medical association and a representative chosen by the
Philippine Association of Colleges and Universities, as members.
The officials acting as chairman and members of the Board of Medical Education shall hold office during their incumbency in their respective
positions.
Section 4. Compensation and traveling expenses. The chairman and members of the Board of Medical Education shall not be entitled to any
compensation except for traveling expenses in connection with their official duties as herein provided.
For administrative purposes, the Board shall hold office in the office of its chairman, who may designate a ranking official in the Department of
Education to serve as secretary of the Board.
Section 5. Functions. The functions of the Board of Medical Education shall be:
(a) To determine and prescribe minimum requirements for admission into a recognized college of medicine;
(b) To determine and prescribe requirements for minimum physical facilities of colleges of medicine, to wit: buildings, including hospitals,
equipment and supplies, apparatus, instruments, appliances, laboratories, bed capacity for instruction purposes, operating and delivery
rooms, facilities for out-patient services, and others, used for didactic and practical instructions in accordance with modern trends;
(c) To determine and prescribe the minimum number and the minimum qualifications of teaching personnel, including student-teacher ratio
and curriculum;
(d) To determine and prescribe the number of students who should be allowed to take up the preparatory course taking into account the
capacity of the different recognized colleges of medicine.

(e) To select, determine and approve hospitals or some departments of the hospitals for training which comply with the minimum specific
physical facilities as provided in subparagraph (b) hereof: and
(f) To promulgate and prescribe and enforce necessary rules and regulations for the proper implementation of the foregoing functions.
Section 6. Minimum required courses. Students seeking admission to the medical course must have a bachelor of science or bachelor of arts
degree or their equivalent and must have taken in four years the following subjects with their corresponding number of units:
Un
it
English

12

Latin

Mathematics,
including
9
Accounting and Statistics
Philosophy,
including
12
Psychology and Logic
Zoology and Botany

15

Physics

Chemistry

21

Library Science

Humanities
and
Social
12
Sciences
Twelve units of Spanish shall be required pursuant to Republic Act Numbered Seven hundred nine; but commencing with the academic year
nineteen hundred sixty to nineteen hundred sixty-one, twenty-four units of Spanish shall be required pursuant to Republic Act Numbered
Eighteen hundred and eighty-one as cultural, social and nationalistic studies.
Provided, That the following students may be permitted to complete the aforesaid preparatory medical course in shorter periods as follows:
(a) Students whose general average is below eighty-five per cent but without any grade of failure or condition may be allowed to pursue and
finish the course in three academic years and the intervening summer sessions; and
(b) Students whose general average is eighty-five per cent or over may be permitted to finish the course in three academic years by allowing
them to take each semester the overload permitted to bright students under existing regulations of the Bureau of Private Schools.
Provided, That upon failure to maintain the general average of eighty-five per cent, students under (b) shall automatically revert to the
category of students under (a) and those under (a), upon having any grade of failure or condition, shall automatically revert to the category of
students required to pursue the preparatory course in four years mentioned above.

The medical course shall be at least five years, including not less than eleven rotating internship in an approved hospital, and shall consist of
the following subjects:
Anatomy
Physiology
Biochemistry and Nutrition
Pharmacology
Microbiology
Parasitology
Medicine and Therapeutics
Genycology
Opthalmology, Otology, Rhinology and Laryngology
Pediatrics
Obstetrics
Surgery
Preventive Medicine and Public Health
Legal Medicine, including Medical Jurisprudence and Ethics.
Section 7. Admission requirements. The medical college may admit any student to its first year class who has not been convicted by any
court of competent jurisdiction of any offense involving moral turpitude, and who presents (a) a certificate showing completion of a standard
high school course, (b) a record showing completion of a standard preparatory medical course as herein provided, (c) a certificate of
registration as medical student, (d) a certificate of good moral character issued by two former professors in the pre-medicine course, and (e)
birth certificate and marriage certificate, if any. Nothing in this Act shall be construed to inhibit any college of medicine from establishing, in
addition to the preceding, other entrance requirements that may be deemed admissible.
For the purposes of this Act, the term "College of Medicine" shall mean to include faculty of medicine, institute of medicine, school of medicine
or other similar institution offering a complete medical course leading to the degree of Doctor of Medicine or its equivalent.
Every college of medicine must keep a complete record of enrollment, grades and turnover, and must publish each year a catalogue giving the
following information:
1. Date of publication
2. Calendar for the academic year
3. Faculty roll indicating whether on full time part time basis
4. Requirements of admission
5. Grading system
6. Requirements for promotion
7. Requirements for graduation
8. Medical hours per academic year by departments
9. Schedule hours per academic year by departments
10. Number of students enrolled in each class.

ARTICLE III
THE BOARD OF MEDICAL EXAMINERS; REGISTRATION OF PHYSICIANS
Section 8. Prerequisite to the practice of medicine. No person shall engage in the practice of medicine in the Philippines unless he is at least
twenty-one years of age, has satisfactorily passed the corresponding Board Examination, and is a holder of a valid Certificate of Registration
duly issued to him by the Board of Medical Examiners.
Section 9. Candidates for board examination. Candidates for Board examinations shall have the following qualifications:
(1) He shall be a citizen of the Philippines or a citizen of any foreign country who has submitted competent and conclusive documentary
evidence, confirmed by the Department of Foreign Affairs, showing that his country's existing laws permit citizens of the Philippines to practice
medicine under the same rules and regulations governing citizens thereof;
(2) He shall be of good moral character, showing for this purpose certificate of civil status;
(3) He shall be of sound mind;
(4) He shall not have been convicted by a court of competent jurisdiction of any offense involving moral turpitude; and
(5) He shall be a holder of the degree of Doctor of Medicine or its equivalent, conferred by a college of medicine duly recognized by the
Department of Education.
Section 10. Acts constituting practice of medicine. A person shall be considered as engaged in the practice of medicine (a) who shall, for
compensation, fee, salary or reward in any form, paid to him directly or through another, or even without the same, physical examine any
person, and diagnose, treat, operate or prescribe any remedy for any human disease, injury, deformity, physical, mental or physical condition
or any ailment, real or imaginary, regardless of the nature of the remedy or treatment administered, prescribed or recommended; or (b) who
shall, by means of signs, cards, advertisements, written or printed matter, or through the radio, television or any other means of
communication, either offer or undertake by any means or method to diagnose, treat, operate or prescribe any remedy for any human
disease, injury, deformity, physical, mental or physical condition; or (c) who shall use the title M.D. after his name.
Section 11. Exemptions. The preceding section shall not be construed to affect (a) any medical student duly enrolled in an approved medical
college or school under training, serving without any professional fee in any government or private hospital, provided that he renders such
service under the direct supervision and control of a registered physician; (b) any legally registered dentist engaged exclusively in the practice
of dentistry; (c) any duly registered masseur or physiotherapist, provided that he applies massage or other physical means upon written order
or prescription of a duly registered physician, or provided that such application of massage or physical means shall be limited to physical or
muscular development; (d) any duly registered optometrist who mechanically fits or sells lenses, artificial eyes, limbs or other similar
appliances or who is engaged in the mechanical examination of eyes for the purpose of constructing or adjusting eye glasses, spectacles and
lenses; (e) any person who renders any service gratuitously in cases of emergency, or in places where the services of a duly registered
physician, nurse or midwife are not available; (f) any person who administers or recommends any household remedy as per classification of
existing Pharmacy Laws; and (g) any psychologist or mental hygienist in the performance of his duties, provided such performance is done in
conjunction with a duly registered physician.
Section 12. Limited practice without any certificate of registration. Certificates of registration shall not be required of the following persons:
(a) Physicians and surgeons from other countries called in consultation only and exclusively in specific and definite cases, or those attached to
international bodies or organization assigned to perform certain definite work in the Philippines provided they shall limit their practice to the
specific work assigned to them and provided further they shall secure a previous authorization from the Board of Medical Examiners.

(b) Commissioned medical officers of the United States armed forces stationed in the Philippines while rendering service as such only for the
members of the said armed forces and within the limit of their own respective territorial jurisdiction.
(c) Foreign physicians employed as exchange professors in special branches of medicine or surgery whose service may in the discretion of the
Board of Medical Education, be necessary.
(d) Medical students who have completed the first four years of medical course, graduates of medicine and registered nurses who may be
given limited and special authorization by the Secretary of Health to render medical services during epidemics or national emergencies
whenever the services of duly registered physicians are not available. Such authorization shall automatically cease when the epidemic or
national emergency is declared terminated by the Secretary of Health.
Section 13. The Board of Medical Examiners, its composition and duties. The Board of Medical Examiners shall be composed of six members
to be appointed by the President of the Philippines from a confidential list of not more than twelve names approved and submitted by the
executive council of the Philippine Medical Association, after due consultation with other medical associations, during the months of April and
October of each year. The chairman of the Board shall be elected from among themselves by the member at a meeting called for the purpose.
The President of the Philippines shall fill any vacancy that may occur during any examination from the list of names submitted by the
Philippine Medical Association in accordance with the provisions of this Act.
No examiner shall handle the examinations in more than four subjects or groups of subjects as hereinafter provided. The distribution of subject
to each member shall be agreed upon at a meeting called by the chairman for the purpose. The examination papers shall be under the
custody of the Commissioner of Civil Service or his duly authorized representative, and shall be distributed to each member of the Board who
shall correct, grade, and sign, and submit them to the said Commissioner within one hundred twenty days from the date of the termination of
the examinations.
A final meeting of the Board for the deliberation and approval of the grades shall be called by the Commissioner of Civil Service immediately
after receipt of the records from the members of the Board of Medical Examiners. The secretary of the Board shall submit to the President of
the Philippines for approval the names of the successful candidates as having been duly qualified for licensure in alphabetical order, without
stating the ratings obtained by each.
Section 14. Qualifications of examiners. No person shall be appointed a member of the Board of Medical Examiners unless he or she (1) is a
natural-born citizen of the Philippines, (2) is a duly registered physician in the Philippines, (3) has been in the practice of medicine for at least
ten years, (4) is of good moral character and of recognized standing in the medical profession, (5) is not a member of the faculty of any
medical school and has no pecuniary interest, directly or indirectly, in any college of medicine or in any institution where any branch of
medicine is taught, at the time of his appointment: Provided, That of the six members to be appointed, not more than two shall be graduates
of the same institution and not more than three shall be government physicians.
Section 15. Tenure of office and compensation of members. The members of the Board of Medical Examiners shall hold office for one
year: Provided, That any member may be reappointed for not more than one year. Each member shall receive as compensation ten pesos for
each candidate examined for registration as physician, and five pesos for each candidate examined in the preliminary or final physician
examination.
The President of the Philippines, upon the recommendation of the Commissioner of Civil Service , after due investigation, may remove any
member of the Board of Medical Examiners for neglect of duty, incompetency, or unprofessional or dishonorable conduct.

Section 16. Executive Officer and Secretary of the Board. The Secretary of the Boards of Examiners appointed in accordance with section ten
of Act Numbered Four thousand seven, as amended, shall also be the secretary of the Board of Medical Examiners, who shall keep all the
records, including examination papers, and the minutes of the deliberations of the Board. He shall also keep a register of all persons to whom
certificates of registration has been granted; set forth the name, sec, age, and place of birth of each, place of business, post office address,
the name of the medical college or university from which he graduated or in which he had studied, together with time spent in the study of the
profession elsewhere, the name of the country where the institution is located which had granted to him the degree or certificate of
attendance upon clinic and all lectures in medicine and surgery, and all other degrees granted to him from institutions of learning. He shall
keep an up-to-date registration book of all duly registered physicians in the Philippines. He shall furnish copies of all examination questions
and ratings in each subject of the respective candidates in the physicians examination, one month after the release of the list of successful
examinees, to the deans of the different colleges of medicine exclusively for the information and guidance of the faculties thereof. This report
shall be considered as restricted information. Any school which violates this rule shall be deprived of such privilege. The secretary of the Board
shall likewise keep a record of all registered medical students. He shall keep all the records and proceedings, and issue and receive all papers
in connection with any and all complaints presented to the Board.
Section 17. Rules and regulations. The Board of Medical Examiners, with the approval of the Commissioner of Civil Service, shall promulgate
such rules and regulations as may be necessary for the proper conduct of the examinations, correction of examination papers, and registration
of physicians. The Commissioner shall supervise each Board examination and enforce the said rules and regulations. These rules and
regulations shall take effect fifteen days after the date of their publication in the Official Gazette and shall not be changed within sixty days
immediately before any examination. Such rules and regulations shall be printed and distributed for the information and guidance of all
concerned.
Section 18. Dates of examinations. The Board of Medical Examiners shall give examinations for the registration of physicians, one in May and
one in November every year, in the City of Manila or any of its suburbs after giving not less than ten days' notice to each candidate who had
filed his name and address with the secretary of the Board.
Section 19. Fees. The secretary of the Board, under the supervision of the Commissioner of Civil Service, shall collect from each candidate
the following fees:
For
registration
medical student
For complete
examination

as P
5.00

physician

75.00

For preliminary or final


40.00
examination
For
registration
as
20.00
physician
All fees paid as provided herein shall accrue to the funds of the Board of Medical Examiners and be expended for the payment of the
compensation of the members thereof. No fees other than those provided herein shall be paid to the Board.

Section 20. Issuance of Certificate of Registration, grounds for refusal of same. The Commissioner of Civil Service and the secretary of the
Board of Medical Examiners shall sign jointly and issue certificates of registration to those who have satisfactorily complied with the
requirements of the Board. They shall not issue a certificate of registration to any candidate who has been convicted by a court of competent
jurisdiction of any criminal offense involving moral turpitude, or has been found guilty of immoral or dishonorable conduct after he due
investigation by the Board of Medical Examiners, or has been declared to be of unsound mind.
Section 21. Scope of examination. The examination for the registration of physicians shall consist of the following subjects: (1) Anatomy and
Histology, (2) Physiology, (3) Biochemistry, (4) Microbiology and Parasitology, (5) Pharcology and Therapeutics, (6) Pathology, (7) Medicine, (8)
Obstetrics and Gynecology, (9) Pediatrics and Nutrition, (10) Surgery and Opthalmology, Otolaryngology and Rhinology, (11) Preventive
Medicine and Public Health, and (12) Legal Medicine, Ethics and Medical Jurisprudence: Provided, however, That the examination questions in
each subject or group of subject shall at least be ten in number: Provided, further, That the examination questions in Medicine shall include at
least three from the following branches: Infectious diseases, Neurology, Dermatology, Allergy, Endocrinology and Cardio-Vascular
diseases: Provided, finally, That the examination questions in Surgery shall include at least four questions from the following: Opthalmology,
Otology, Rhinology, Laryngology, Orthopedic Surgery and Anesthesiology.
The questions shall be the same for all applicants. All answers must be written either in English or Spanish. No name of the examinee shall
appear in the examination paper but the examiners shall devise a system whereby each applicant can be identified by number only.
In order that a candidate may be deemed to have passed his examination successfully he must have obtained a general average of seventyfive per cent without a grade lower than sixty-five per cent in Medicine, Pediatrics and Nutrition, Obstetrics and Gynecology, and Preventive
Medicine and Public Health, and no grade lower than fifty per cent in the rest of the subjects.
The preliminary examinations shall comprise of the following subjects:
(1) Gross Anatomy and Histology
(2) Physiology
(3) Biochemistry
(4) Microbiology and Parasitology
Section 22. Administrative investigations. In addition to the functions provided for in the preceding sections, the Board of Medical Examiners
shall perform the following duties: (1) to administer oath to physicians who qualified in the examination; (2) to study the conditions affecting
the practice of medicine in all parts of the Philippines; (3) to exercise the powers conferred upon it by this article with the view of maintaining
the ethical and professional standards of the medical profession; (4) to subpoena or subpoena duces tecum witnesses for all purposes required
in the discharge of its duties; and (5) to promulgate, with the approval of the Commissioner of Civil Service, such rules and regulations as it
may deem necessary for the performance of its duties in harmony with the provisions of this Act and necessary for the proper practice of
medicine in the Philippines.
Administrative investigations may be conducted by not less than four members of the Board of Medical Examiners; otherwise the proceedings
shall be considered void. The existing rules of evidence shall be observed during all administrative investigations. The Board may disapprove
applications for examination or registration, reprimand erring physicians, or suspend or revoke registration certificates, if the respondents are
found guilty after due investigations.

Section 23. Procedure and rules. Within five days after the filling of written charges under oath, the respondent physician shall be furnished a
copy thereof, without requiring him or her to answer the same, and the Board shall conduct the investigation within five days after the receipt
of such copy by the respondent. The investigation shall be completed as soon as practicable.
Section 24. Grounds for reprimand, suspension or revocation of registration certificate. Any of the following shall be sufficient ground for
reprimanding a physician, or for suspending or revoking a certificate of registration as physician:
(1) Conviction by a court of competent jurisdiction of any criminal offense involving moral turpitude;
(2) Immoral or dishonorable conduct;
(3) Insanity;
(4) Fraud in the acquisition of the certificate of registration;
(5) Gross negligence, ignorance or incompetence in the practice of his or her profession resulting in an injury to or death of the patient;
(6) Addiction to alcoholic beverages or to any habit forming drug rendering him or her incompetent to practice his or her profession, or to any
form of gambling;
(7) False or extravagant or unethical advertisements wherein other things than his name, profession, limitation of practice, clinic hours, office
and home address, are mentioned.
(8) Performance of or aiding in any criminal abortion;
(9) Knowingly issuing any false medical certificate;
(10) Issuing any statement or spreading any news or rumor which is derogatory to the character and reputation of another physician without
justifiable motive;
(11) Aiding or acting as a dummy of an unqualified or unregistered person to practice medicine;
(12) Violation of any provision of the Code of Ethics as approved by the Philippine Medical Association.
Refusal of a physician to attend a patient in danger of death is not a sufficient ground for revocation or suspension of his registration
certificate if there is a risk to the physician's life.
Section 25. Rights of respondents. The respondent physician shall be entitled to be represented by counsel or be heard by himself or herself,
to have a speedy and public hearing, to confront and to cross-examine witnesses against him or her, and to all other rights guaranteed by the
Constitution and provided for in the Rules of Court.
Section 26. Appeal from judgment. The decision of the Board of Medical Examiners shall automatically become final thirty days after the date
of its promulgation unless the respondent, during the same period, has appealed to the Commissioner of Civil Service and later to the Office of
the President of the Philippines. If the final decision is not satisfactory, the respondent may ask for a review of the case, or may file in court a
petition for certiorari.
Section 27. Reinstatement. After two years, the Board may order the reinstatement of any physicians whose certificate of registration has
been revoked, if the respondent has acted in an exemplary manner in the community wherein he resides and has not committed any illegal,
immoral or dishonorable act.
ARTICLE IV
PENAL AND OTHER PROVISIONS

Section 28. Penalties. Any person found guilty of "illegal practice of medicine" shall be punished by a fine of not less than one thousand
pesos nor more than ten thousand pesos with subsidiary imprisonment in case of insolvency, or by imprisonment of not less than one year nor
more than five years, or by both such fine and imprisonment, in the discretion of the court.
Section 29. Injunctions. The Board of Medical Examiners may file an action to enjoin any person illegally practicing medicine from the
performance of any act constituting practice of medicine if the case so warrants until the necessary certificate therefore is secured. Any such
person who, after having been so enjoined, continues in the illegal practice of medicine shall be punished for contempt of court. The said
injunction shall not relieve the person practicing medicine without certificate of registration from criminal prosecution and punishment as
provided in the preceding section.
Section 30. Appropriation. To carry out the provisions of this Act, there is hereby appropriated, out of any funds in the National Treasury not
otherwise appropriated, the sum of twenty thousand pesos.
Section 31. Repealing clause. All Acts, executive orders, administrative orders, rules and regulations, or parts thereof inconsistent with the
provisions of this Act are repealed or modified accordingly.
Section 32. Effectivity. This Act shall take effect upon its approval: Provided, That if it is approved during the time when examinations for
physicians are held, it shall take effect immediately after the said examinations: Provided, further, That section six of this Act shall take effect
at the beginning of the academic year nineteen hundred sixty to nineteen hundred sixty-one, and the first paragraph of section seven shall
take effect four years thereafter.
Approved: June 20, 1959
REPUBLIC ACT No. 5946
AN ACT TO AMEND CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED TWENTY-THREE HUNDRED AND EIGHTY-TWO, OTHERWISE
KNOWN AS "THE MEDICAL ACT OF 1959" AS AMENDED BY REPUBLIC ACT NUMBERED FORTY-TWO HUNDRED AND TWENTY-FOUR.
Section 1. Sections three, four, five, six, seven and nine of Republic Act Numbered Twenty-three hundred and eighty-two, as amended by
Republic Act Numbered Forty-two hundred and twenty-four are hereby further amended to read as follows:
"Sec. 3. Composition of the Board of Medical Education. The Board of Medical Education shall be composed of the Secretary of Education or his
duly authorized representative, as chairman; the Secretary of Health or his duly authorized representative; the Director of the Bureau of
Private Schools or his duly authorized representative; the chairman of the Board of Medical Examiners or his duly authorized representatives a
representative of the Philippine Medical Association; the Dean of the College of Medicine, University of the Philippines; a representative of the
Council of Deans of Philippine Medical Schools; and a Representative of the Association of Philippine Medical Colleges, as members.
The officials acting as chairman and members of the Board of Medical Education shall hold office during their incumbency in their respective
positions.
"Sec. 4. Compensation and traveling expenses. The Chairman, members and Secretary of the Board of Medical Association shall be entitled to
twenty-five pesos per diem for every meeting provided the number of meetings authorized with per diem shall not exceed four times a month
and traveling expenses in connection with their official duties as herein provided.
"Sec. 5. Functions. The functions of the Board of Medical Education shall be:
(a) To determine and prescribe requirements for admission into a recognized college of medicine;

(b) To determine and prescribe requirements for minimum physical facilities of colleges of medicine, to wit: buildings, including hospitals,
equipment and supplies, apparatus, instruments, appliances, laboratories, bed capacity for instruction purposes, operating and delivery
rooms, facilities for outpatient services, and others, used for didactic and practical instruction in accordance with modern trends;
(c) To determine and prescribe the minimum number and minimum qualifications of teaching personnel, including student-teachers ratio;
(d) To determine and prescribe the minimum required curriculum leading to the degree of Doctor of Medicine;
(e) To authorize the implementation of experimental medical curriculum in a medical school that has exceptional faculty and instrumental
facilities. Such an experimental curriculum may prescribe admission and graduation requirements other than those prescribed in this
Act; Provided, That only exceptional students shall be enrolled in the experimental curriculum.
(f) To accept applications for certification for admission to a medical school and keep a register of those issued said certificate; and to collect
from said applicants the amount of twenty-five pesos each which shall accrue to the operating fund of the Board of Medical Education;
(g) To select, determine and approve hospitals or some departments of the hospitals for training which comply with the minimum specific
physical facilities as provided in subparagraph (b) hereof; and
(h) To promulgate and prescribe and enforce the necessary rules and regulations for the proper implementation of the foregoing functions.
"Sec. 6. Minimum required course. Students seeking admission to medical course must have a bachelor's degree in science or arts.
The medical course leading to the degree of doctor of medicine shall be at least four years and shall consist of the following subjects:
Anatomy
Physiology
Biochemistry and Nutrition
Pharmacology
Microbiology
Parasitology
Medicine and Therapeutics
Pathology
Gynecology
Ophthalmology, Otology, Rhinology and Laryngology
Pediatrics
Obstetrics
Surgery
Preventive Medicine and Public Health
Legal Medicine, including Jurisprudence, Medical economics and Ethics
Provided, That the Board is hereby authorized to modify or add to the subjects listed above as the needs and demands of progress in the
medical profession may require.
"Sec. 7. Admission requirements. The medical college may admit any student who has not been convicted by any court of competent
jurisdiction of any offense involving moral turpitude and who presents (a) a record showing completion of a bachelor's degree in science or
arts; (b) a certificate of eligibility for entrance to a medical school from the Board of Medical Education; (c) a certificate of good moral

character issued by two former professors in the college of liberal arts; and (d) birth certificate. Nothing in this Act shall be construed to inhibit
any college of medicine from establishing, in addition to the preceding, other entrance requirements that may be deemed admissible.
For the purpose of this Act, the term "College of Medicine" shall mean to include faculty of medicine, institute of medicine, school of medicine
or other similar institution, offering a complete medical course leading to the degree of Doctor of Medicine or its equivalent.
Every college of medicine must keep a complete records of enrollment, grades, graduates, and must publish each year a catalogue giving the
following information:
1. Date of publication
2. Calendar of academic year
3. Faculty roll indicating whether on full time or part time basis
4. Requirements for admission
5. Grading system
6. Requirements for promotion
7. Requirements for graduation
8. Curriculum and description of course by department
9. Number of students enrolled in each class in the preceding year.
"Sec. 9. Candidates for board examinations. Candidates for Board examinations shall have the following qualifications:
(1) He shall be a citizen of the Philippines or a citizen of any foreign country who has submitted competent and conclusive documentary
evidence, confirmed by the Department of Foreign Affairs, showing that his country's existing laws permit citizens of the Philippines to practice
medicine under the same rules and regulations governing citizens thereof;
(2) He shall be of good moral character;
(3) He shall be of sound mind;
(4) He shall not have been convicted by a court of competent jurisdiction of any offense involving moral turpitude;
(5) He shall be a holder of the degree of Doctor of Medicine or its equivalent conferred by a college of medicine duly recognized by the
Government; and
(6) He must have completed a calendar year of technical training known as internship the nature of which shall be prescribed by the Board of
Medical Education undertaken in hospitals and health centers approved by the board."
Section 2. This Act shall take effect upon its approval.
Enacted into law without executive signature on June 21, 1969.
Republic Act No. 8750
August 5, 1999
AN ACT REQUIRING THE MANDATORY COMPLIANCE BY MOTORISTS OF PRIVATE AND PUBLIC VEHICLES TO USE SEAT BELT
DEVICES, AND REQUIRING VEHICLE MANUFACTURERS TO INSTALL SEAT BELT DEVICES IN ALL THEIR MANUFACTURED VEHICLES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Short Title. This Act shall be known as the "Seat Belts Use Act of 1999."
Section 2. Declaration of Policy. It is hereby declared the policy of the State to secure and safeguard its citizenry, particularly the
passengers and drivers of private and public motor vehicles, from the ruinous and extremely injurious effects of vehicular accidents. Towards
this end, the State shall pursue a more proactive and preventive approach in order to secure the safety of the passengers and drivers at all

times with the mandatory enforcement of the use of seat belt devices by the drivers and front seat passengers of private and public motor
vehicles.
Section 3. Definition of Terms. For purposes of this Act, the term:
(a) "Motorist" shall refer to the driver of a motor vehicle.
(b) "Seat belt device" shall refer to any strap, webbing or similar device in the form of pelvic restraint or lap belt, upper torso restraint or
shoulder strap or a combination thereof designed to secure a person in a motor vehicle in order to mitigate the results of any accident,
including all necessary buckles and other fasteners, and all hardware designed for installing such seat belt device in a motor vehicle.
(c) "Motor vehicle" shall refer to both private and public motor vehicle. The term shall not include the tricycle and motorcycle.
(d) "Private motor vehicle" shall refer to any of the following:
(1) Any motor vehicle owned by individuals and juridical persons for private use;
(2) Any motor vehicle owned by the National Government or any of its agencies, instrumentalities or political subdivisions, including
government-owned or controlled corporations or their subsidiaries for official use; and
(3) Any diplomatic vehicle.
(e) "Public motor vehicle" shall refer to public utility vehicle or vehicle for hire.
(f) "Motor vehicle of running engine" shall refer to a vehicle as stated herein, operating and standing on any road or thoroughfare with
engine running.
(g) "Front seat passengers" shall refer to persons on board a public utility vehicle seated at the right side beside the driver for public utility
jeepneys (PUJs) and to passengers seated at the right side beside the driver and those at the first row immediately behind the driver in the
case of public utility buses (PUBs) and to passengers seated on the right side beside the driver for private motor vehicles.
Section 4. Mandatory Use of Seat Belts. For their own safety, the driver and front seat passengers of a public or private motor vehicle are
required to wear or use their seat belt devices while inside a vehicle of running engine on any road or thoroughfare: Provided, That for private
vehicles, except for jeeps, jeepneys, vans, buses and such other private vehicles as may be determined in the Implementing Rules and
Regulations (IRR), front and back seat passengers are likewise required to use their seat belt devices at all times.
In the case of public motor vehicles, the driver shall be required to immediately inform and require the front seat passengers upon boarding a
vehicle of running engine to wear the prescribed seat belts. Any passenger who refuses to wear seat belts shall not be allowed to continue
his/her trip.
For special public service vehicles such as school services and other similar vehicles as may be determined by the IRR, seat belt devices
should be provided and used by both drivers and front seat passengers as defined herein and the first row passengers immediately behind the
driver at all times while inside a vehicle of running engine.
Operational motor vehicles, both public and private, which are not equipped with the required seat belt devices, are given one (1) year from
the issuance of the IRR by the Land Transportation Office (LTO) to retrofit appropriate seat belt devices in their vehicles.
Section 5. Children Prohibited to Sit in Front Seat. Infants and/or children with ages six (6) years and below shall be prohibited to sit in the
front seat of any running motor vehicle.
Section 6. Coverage. This Act, in the interest of public safety, shall apply to drivers and front seat passengers of public and private motor
vehicles and other vehicles as may be determined by the IRR thereon.

Section 7. Provisions for Seat Belt. This Act further requires car manufacturers, assemblers and distributors to ensure that seat belt
devices are properly installed before the distribution and sale of the said vehicles as determined by the IRR thereon: Provided, That
manufacturers, assemblers and distributors of jeepneys may install a pelvic restraint or lap belt only in the driver's and front seat passengers'
seats and this shall be considered as substantial compliance with the requirements of this Act.
Section 8. Importation. It shall be unlawful for any person to import or cause the importation of any vehicle without appropriate and
operational seat belt devices as required herein and in accordance with the IRR thereon.
Section 9. Type of Seat Belt Devices Required. The seat belt devices required to be installed in all motor vehicles shall comply with the
standards and specifications established by the Bureau of Product Standards of the Department of Trade and Industry (DTI) in consultation
with the LTO of the Department of Transportation and Communications (DOTC): Provided, That the seat belt devices installed in imported
second-hand motor vehicles shall conform to the standards and specifications of the Bureau of Product Standards for purposes of importation
and registration.
Section 10. Registration. No new motor vehicle shall be allowed initial registration and succeeding renewal of registration unless it is
equipped with the necessary seat belt devices. Renewal of registration of in-use vehicles without necessary seat belt devices shall not be
allowed one (1) year after the passage of the IRR as specified in Section 11 of this Act. For this purpose, the LTO shall include in the
implementing guidelines a system of vehicle registration where compliance with Section 4 hereof is required.
Section 11. Period of Implementation. The LTO shall be the agency primarily responsible in the enforcement and implementation of this
Act. Within sixty (60) days from the effectivity of this Act, the LTO shall formulate and issue the necessary implementing rules, regulations and
guidelines and shall mobilize available resources to assure the effective implementation of this Act: Provided, That the LTO or its successor
tasked with the implementation of this Act may require the use of special car seats for infants, if it is deemed necessary.
Section 12. Penalties and Fines. In the enforcement of this Act, the LTO shall impose fines against drivers, operators, owners of vehicles,
manufacturers, assemblers, importers and/or distributors for violation of this Act.
The following shall be the basis in defining fine and penalty provisions of the IRR to be promulgated pursuant to Section 11 hereof, provided
that six (6) months grace period shall be allowed to lapse to conduct a nationwide information campaign:
(1) On the driver
(a) For failure to wear the prescribed seat belt devices and/or failure to require his passengers to wear the prescribed seat belt device, a
minimum fine of One hundred pesos (P100) but not to exceed One thousand pesos (P1,000) for the first violation; a minimum fine of Two
hundred pesos (P200) but not to exceed Two thousand pesos (P2,000) for the second violation; and a minimum fine of Five hundred pesos
(P500) but not to exceed Five thousand pesos (P5,000) and suspension of driver's license for a period of one (1) week for the third and
succeeding violations;
(b) Public utility vehicles shall post appropriate signages instructing front seat
passengers to wear seat belts when inside the vehicle. Non-compliance hereof will hold both the driver and the operator liable and shall be
fined a minimum of Three hundred pesos (P300) but not to exceed Three thousand pesos (P3,000) for every violation; and
(2) On any manufacturer, assembler, importer and distributor for every unit found without seat belt devices installed prior to its distribution to
the public, a minimum fine of Five thousand pesos (P5,000) but not to exceed Ten thousand pesos (P10,000) and suspension of the license to
manufacture, assemble, import or distribute for a period of one (1) year for the first violation; a minimum fine of Ten thousand pesos (P10,000)
but not to exceed Twenty thousand pesos (P20,000) and suspension of the license to manufacture, assemble, import or distribute for a period

of two (2) years for the second violation; and a fine of Twenty thousand pesos (P20,000) but not to exceed Fifty thousand pesos (P50,000) and
suspension of the license to manufacture, assemble, import or distribute for a period of five (5) years for the third violation.
Section 13. Nationwide Public Information Campaign. (a) The LTO, in coordination with the Philippine Information Agency (PIA) the
Department of Education, Culture and Sports (DECS) and private agencies and organizations, shall undertake a regular nationwide
Information, Education and Communication (IEC) campaign for the attainment of the objectives of this Act. The campaign shall stress the
safety and health value of seat belts to support the most effective enforcement of this Act.
(b) The LTO, in coordination with the local government units, shall likewise utilize the services of citizen groups and community organizations
for the promotion of public safety awareness in observance of this Act.
(c) The fines that will be collected for the enforcement of this Act shall be used exclusively for the implementation of the provisions of this Act,
including the necessary promotion campaigns for the use of seat belt devices.
Section 14. Separability Clause. If any provision, or part hereof, is held invalid or unconstitutional, the remainder of the law or provision not
otherwise affected shall remain valid and subsisting.
Section 15. Repealing Clause. Section 34, Article IV of Republic Act No. 4136 is hereby amended and any law, executive order, decree,
issuance, ordinance, rule and regulation or any part thereof contrary or inconsistent with the provisions of this Act is also hereby repealed,
modified or amended accordingly.
Section 16. Effectivity Clause. This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers of
general circulation.
Approved: August 5, 1999
Republic Act No. 8749
June 23, 1999
AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Chapter 1
General Provisions
Article One
Basic Air Quality Policies
Section 1. Short Title. - This Act shall be known as the "Philippine Clean Air Act of 1999."
Section 2. Declaration of Principles. - The State shall protect and advance the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.
The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of
local government units to deal with environmental problems.
The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based.
The State also recognizes the principle that "polluters must pay".
Finally, the State recognizes that a clean and healthy environment is for the good of all and should, therefore, be the concern of all.
Section 3. Declaration of Policies. - The State shall pursue a policy of balancing development and environmental protection. To achieve
this end, the frame work for sustainable development shall be pursued. It shall be the policy of the State to:

(a) Formulate a holistic national program of air pollution management that shall be implemented by the government through proper
delegation and effective coordination of functions and activities;
(b) Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments;
(c) Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution;
(d) Promote public information and education and to encourage the participation of an informed and active public in air quality planning and
monitoring; and
(e) Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity.
This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for
personal damages.
Section 4. Recognition of Rights. - Pursuant to the above-declared principles, the following rights of citizens are hereby sought to be
recognized and the State shall seek to guarantee their enjoyment:
(a) The right to breathe clean air;
(b) The right to utilize and enjoy all natural resources according to the principles of sustainable development;
(c) The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the
decision-making process;
(d) The right to participate in the decision-making process concerning development policies, plans and programs projects or activities that may
have adverse impact on the environment and public health;
(e) The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely
notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous
substances;
(f) The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act;
(g) The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel
the rehabilitation and cleanup of affected area, and to seek the imposition of penal sanctions against violators of environmental laws; and
(h) The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact
of a project or activity.
Article Two
Definition of Terms
Section 5. Definitions. - As used in this Act:
a) "Air pollutant" means any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases in
their natural or normal concentrations, that is detrimental to health or the environment, which includes but not limited to smoke, dust, soot,
cinders, fly ash, solid particles of any kind, gases, fumes, chemical mists, steam and radio-active substances;
b) "Air pollution" means any alteration of the physical, chemical and biological properties of the atmospheric air, or any discharge thereto of
any liquid, gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful, detrimental, or
injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural,
recreational, or other legitimate purposes;

c) "Ambient air quality guideline values" mean the concentration of air over specified periods classified as short-term and long-term which are
intended to serve as goals or objectives for the protection of health and/or public welfare. These values shall be used for air quality
management purposes such as determining time trends, evaluating stages of deterioration or enhancement of the air quality, and in general,
used as basis for taking positive action in preventing, controlling, or abating air pollution;
d) "Ambient air quality" means the general amount of pollution present in a broad area; and refers to the atmosphere's average purity as
distinguished from discharge measurements taken at the source of pollution;
e) "Certificate of Conformity" means a certificate issued by the Department of Environment and Natural Resources to a vehicle
manufacturer/assembler or importer certifying that a particular new vehicle or vehicle type meets the requirements provided under this Act
and its rules and regulations;
f) "Department" means the Department of Environment and Natural Resources;
g) "Eco-profile" means the geographic-based instrument for planners and decision-makers which present an evaluation of the environmental
quality and carrying capacity of an area. It is the result of the integration of primary and secondary data and information on natural resources
and anthropogenic activities on the land which are evaluated by various environmental risk assessment and forecasting methodologies that
enable the Department to anticipate the type of development control necessary in the planning area;
h) "Emission" means any air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the
atmosphere;
i) "Greenhouse gases" mean those gases that can potentially or can reasonably be expected to induce global warming, which include carbon
dioxide, methane, oxides of nitrogen, chlorofluorocarbons, and the like;
j) "Hazardous substances" mean those substances which present either: (1) short-term acute hazards such as acute toxicity by ingestion,
inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire explosion; or (2) longterm toxicity upon
repeated exposure, carcinogenicity (which in some cases result in acute exposure but with a long latent period), resistance to detoxification
process such as biodegradation, the potential to pollute underground or surface waters;
k) "Infectious waste" means that portion of medical waste that could transmit an infectious disease;
l) "Medical waste" means the materials generated as a result of patient diagnosis, treatment, or immunization of human beings or animals;
m) "Mobile source" means any vehicle propelled by or through combustion of carbon-based or other fuel, constructed and operated principally
for the conveyance of persons or the transportation of property goods;
n) "Motor vehicle" means any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power,
constructed and operated principally for the conveyance of persons or the transportation of property or goods in a public highway or street
open to public use;
o) "Municipal waste" means the waste materials generated from communities within a specific locality;
p) "New vehicle" means a vehicle constructed entirely from new parts that has never been sold or registered with the DOTC or with the
appropriate agency or authority, and operated on the highways of the Philippines, any foreign state or country;
q) "Octane Rating or the Anti-Knock Index(AKI)" means the rating of the anti-knock characteristics of a grade or type of automotive gasoline as
determined by dividing by two (2) the sum of the Research Octane Number (RON), plus the Motor Octane Number (MON); the octane
requirement, with respect to automotive gasoline for use in a motor vehicle or a class thereof, whether imported, manufactured, or assembled

by a manufacturer, shall refer to the minimum octane rating of such automotive gasoline which such manufacturer recommends for the
efficient operation of such motor vehicle, or a substantial portion of such class, without knocking;
r) "Ozone Depleting Substances (ODS)" means those substances that significantly deplete or otherwise modify the ozone layer in a manner
that is likely to result in adverse effects of human health and the environment such as, but not limited to, chloroflourocarbons, halons and the
like;
s) "Persistent Organic Pollutants (POPs)" means the organic compounds that persist in the environment, bioaccumulate through the food web,
and pose a risk of causing adverse effects to human health and the environment. These compounds resist photolytic, chemical and biological
degradation, which shall include but not be limited to dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as aldrin,
dieldrin, DDT, hexachlorobenzene, lindane, toxaphere and chlordane;
t) "Poisonous and toxic fumes" means any emissions and fumes which are beyond internationally - accepted standards, including but not
limited to the World Health Organization (WHO) guideline values;
u) "Pollution control device" means any device or apparatus used to prevent, control or abate the pollution of air caused by emissions from
identified pollution sources at levels within the air pollution control standards established by the Department;
v) "Pollution control technology" means the pollution control devices, production process, fuel combustion processes or other means that
effectively prevent or reduce emissions or effluent;
w) "Standard of performance" means a standard for emissions of air pollutant which reflects the degree of emission limitation achievable
through the application of the best system of emission reduction, taking into account the cost of achieving such reduction and any non-air
quality health and environmental impact and energy requirement which the Department determines, and adequately demonstrates; and
x) "Stationary source" means any building or immobile structure, facility or installation which emits or may emit any air pollutant.
Chapter 2
Air Quality Management System
Article One
General Provisions
Section 6. Air Quality Monitoring and Information Network. - The Department shall prepare an annual National Air Quality Status
Report which shall be used as the basis in formulating the Integrated Air Quality Improvement Framework, as provided for in Sec. 7. The said
report shall include, but shall not be limited to the following:
a) Extent of pollution in the country, per type of pollutant and per type of source, based on reports of the Departments monitoring stations;
b) Analysis and evaluation of the current state, trends and projections of air pollution at the various levels provided herein;
c) Identification of critical areas, activities, or projects which will need closer monitoring or regulation;
d) Recommendations for necessary executive and legislative action; and
e) Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality performance rating of
industries in the country.
The Department, in cooperation with the National Statistical Coordination Board (NSCB), shall design and develop an information network for
data storage, retrieval and exchange.
The Department shall serve as the central depository of all data and information related to air quality.

Section 7. Integrated Air Quality Improvement Framework. - The Department shall within six (6) months after the effectivity of this Act,
establish, with the participation of LGUs, NGOs, POs, the academe and other concerned entities from the private sector, formulate and
implement the Integrated Air Quality Improvement Framework for a comprehensive air pollution management and control program. The
framework shall, among others, prescribe the emission reduction goals using permissible standards, control strategies and control measures to
undertaken within a specified time period, including cost-effective use of economic incentives, management strategies, collective actions, and
environmental education and information.
The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint with which all government agencies must comply
with to attain and maintain ambient air quality standards.
Section 8. Air Quality Control Action Plan. - Within six (6) months after the formulation of the framework, the Department shall, with
public participation, formulate and implement an air quality control action plan consistent with Sec. 7 of this Act. The action plan shall:
a) Include enforceable emission limitations and other control measures, means or techniques, as well as schedules and time tables for
compliance, as may be necessary or appropriate to meet the applicable requirements of this Act;
b) Provide for the establishment and operation of appropriate devices, methods, systems and procedures necessary to monitor, compile and
analyze data on ambient air quality;
c) Include a program to provide for the following: (1) enforcement of the measures described in subparagraph [a]; (2) regulation of the
modification and construction of any stationary source within the areas covered by the plan, in accordance with land use policy to ensure that
ambient air quality standards are achieved;
d) Contain adequate provisions, consistent with the provisions of this Act, prohibiting any source or other types of emissions activity within the
country from emitting any air pollutant in amounts which will significantly contribute to the non-attainment or will interfere with the
maintenance by the Department of any such ambient air quality standard required to be included in the implementation plan to prevent
significant deterioration of air quality or to protect visibility;
e) Include control strategies and control measures to be undertaken within a specified time period, including cost effective use of economic
incentives, management strategies, collection action and environmental education and information;
f) Designate airsheds; and
g) All other measures necessary for the effective control and abatement of air pollution.
The adoption of the plan shall clarify the legal effects on the financial, manpower and budgetary resources of the affected government
agencies, and on the alignment of their programs with the plans.
In addition to direct regulations, the plan shall be characterized by a participatory approach to the pollution problem. The involvement of
private entities in the monitoring and testing of emissions from mobile and/or stationary sources shall be considered.
Likewise, the LGUs, with the assistance from the Department, shall prepare and develop an action plan consistent with the Integrated Air
Quality Improvement Framework to attain and maintain the ambient air quality standards within their respective airsheds as provided in Sec. 9
hereof.
The local government units shall develop and submit to the Department a procedure for carrying out the action plan for their jurisdiction. The
Department, however, shall maintain its authority to independently inspect the enforcement procedure adopted. The Department shall have
the power to closely supervise all or parts of the air quality action plan until such time the local government unit concerned can assume the
function to enforce the standards set by the Department.

A multi-sectoral monitoring team with broad public representation shall be convened by the Department for each LGU to conduct periodic
inspections of air pollution sources to assess compliance with emission limitations contained in their permits.
Section 9. Airsheds. - Pursuant to Sec. 8 of this Act, the designation of airsheds shall be on the basis of, but not limited to, areas with similar
climate, meteorology and topology which affect the interchange and diffusion of pollutants in the atmosphere, or areas which share common
interest or face similar development programs, prospects or problems.
For a more effective air quality management, a system of planning and coordination shall be established and a common action plan shall be
formulated for each airshed.
To effectively carry out the formulated action plans, a Governing Board is hereby created, hereinafter referred to as the Board.
The Board shall be headed by the Secretary of the Department of Environment and Natural Resources as chairman. The members shall be as
follows:
a) Provincial Governors from areas belonging to the airshed;
b) City/Municipal Mayors from areas belonging to the airshed;
c) A representative from each concerned government agency;
d) Representatives from peoples organizations;
e) Representatives from non-government organizations; and
f) Representatives from the private sector.
The Board shall perform the following functions:
a) Formulation of policies;
b) Preparation of a common action plan;
c) Coordination of functions among its members; and
d) Submission and publication of an annual Air Quality Status Report for each airshed.
Upon consultation with appropriate local government authorities, the Department shall, from time to time, revise the designation of airsheds
utilizing eco-profiling techniques and undertaking scientific studies.
Emissions trading may be allowed among pollution sources within an airshed.
Section 10. Management of Non-attainment Areas. - The Department shall designate areas where specific pollutants have already
exceeded ambient standards as non-attainment areas. The Department shall prepare and implement a program that will prohibit new sources
of exceeded air pollutant without a corresponding reduction in existing resources.
In coordination with other appropriate government agencies, the LGUs shall prepare and implement a program and other measures including
relocation, whenever necessary, to protect the health and welfare of residents in the area.
For those designated as nonattainment areas, the Department, after consultation with local government authorities, nongovernment
organizations (NGOs), peoples organizations (POs) and concerned sectors may revise the designation of such areas and expand its coverage
to cover larger areas depending on the condition of the areas.
Section 11. Air Quality Control Techniques. - Simultaneous with the issuance of the guideline values and standards, the Department,
through the research and development program contained in this Act and upon consultation with appropriate advisory committees,
government agencies and LGUs, shall issue, and from time to time, revise information on air pollution control techniques. Such information
shall include:

(a) Best available technology and alternative methods of prevention, management and control of air pollution;
(b) Best available technology economically achievable which shall refer to the technological basis/standards for emission limits applicable to
existing, direct industrial emitters of nonconventional and toxic pollutants; and
(c) Alternative fuels, processes and operating methods which will result in the eliminator or significant reduction of emissions.
Such information may also include data relating to the cost of installation and operation, energy requirements, emission reduction benefits,
and environmental impact or the emission control technology.
The issuance of air quality guideline values, standards and information on air quality control techniques shall be made available to the general
public: Provided, That the issuance of information on air quality control techniques shall not be construed as requiring the purchase of certain
pollution control devices by the public.
Section 12. Ambient Air Quality Guideline Values and Standards. - The Department, in coordination with other concerned agencies,
shall review and or revise and publish annually a list of hazardous air pollutants with corresponding ambient guideline values and/or standard
necessary to protect health and safety, and general welfare. The initial list and values of the hazardous air pollutants shall be as follows:
(a) For National Ambient Air Quality Guideline for Criteria Pollutants:
Short Term a
Long Term b
Pollutants
g/Ncm
ppm
Averaging Time
g/Ncm
ppm
Averaging Time
Suspended Particulate

Matterc
-TSP
230d
24 hours
90
---1 yeare

-PM-10
150f
24 hours
60
---1 yeare
Sulfur Dioxidec
180
0.07
24 hours
80
0.03
1 year
Nitrogen Dioxide
150
0.08
24 hours
---------Photochemical Oxidants
140
0.07
1 hour
---------As Ozone
60
0.03
8 hours
----------

Carbon Monoxide
35 mg/Ncm
30
1 hour
----------

10 mg/Ncm
9
8 hours
---------Leadg
1.5
---3 monthsg
1.0
---1 year
a
Maximum limits represented by ninety-eight percentile (98%) values not to be exceed more than once a year.
b
Arithmetic mean
c
SO2 and Suspended Particulate matter are sampled once every six days when using the manual methods. A minimum of twelve sampling
days per quarter of forty-eight sampling days each year is required for these methods. Daily sampling may be done in the future once
continuous analyzers are procured and become available.
d
Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50 um.
e
Annual Geometric Mean
f
Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 microns and below until sufficient monitoring
data are gathered to base a proper guideline.
g
Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three moving calendar months. The monitored
average value for any three months shall not exceed the guideline value.
(b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from Industrial Sources/Operations:

Pollutants1
Concentration2
Averaging time (min.)
Method of Analysis/ Measurement3

/Ncm
ppm
1. Ammonia
200
0.28
30
Nesselerization/ Indo Phenol
2. Carbon Disulfide
30
0.01
30
Tischer Method
3. Chlorine and Chlorine Compounds expressed as Cl 2
100
0.03
5
Methyl Orange
4. Formaldehyde
50
0.04
30
Chromotropic acid Method or MBTH Colorimetric Method
5. Hydrogen Chloride
200100
0.13
30
Volhard Titration with Iodine Solution

6. Hydrogen Sulfide
0.07
30
Methylene Blue
7. Lead
20

30
AASc
8. Nitrogen Dioxide
375,260
0.20,0.14
30,60
Greiss- Saltzman
9. Phenol
100
0.03
30
4-Aminoantiphyrine
10. Sulfur Dioxide
470, 340
0.18, 0.13
30,60
Colorimetric-Pararosaniline

11. Suspended Particulate Matter-TSP


300
---60
Gravimetric
1
Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and
Regulations may be considered as guides in determining compliance.
2
Ninety-eight percentile (98%) values of 30-minute sampling measured at 250C and one atmosphere pressure.
3
Other equivalent methods approved by the Department may be used.
The basis in setting up the ambient air quality guideline values and standards shall reflect, among others, the latest scientific knowledge
including information on:
a) Variable, including atmospheric conditions, which of themselves or in combination with other factors may alter the effects on public health
or welfare of such air pollutant;
b) The other types of air pollutants which may interact with such pollutant to produce an adverse effect on public health or welfare; and
c) The kind and extent of all identifiable effects on public health or welfare which may be expected from presence of such pollutant in the
ambient air, in varying quantities.
The Department shall base such ambient air quality standards on World Health Organization (WHO) standards, but shall not be limited to nor
be less stringent than such standards.
Section 13. Emission Charge System. - The Department, in case of industrial dischargers, and the Department of Transportation and
Communication (DOTC), in case of motor vehicle dischargers, shall, based on environmental techniques, design, impose on and collect regular
emission fees from said dischargers as part of the emission permitting system or vehicle registration renewal system, as the case may be. The
system shall encourage the industries and motor vehicles to abate, reduce, or prevent pollution. The basis of the fees include, but is not
limited to, the volume and toxicity of any emitted pollutant. Industries, which shall install pollution control devices or retrofit their existing
facilities with mechanisms that reduce pollution shall be entitled to tax incentives such as but not limited total credits and/or accelerated
depreciation deductions.
Section 14. Air Quality Management Fund. - An Air Quality Management Fund to be administered by the Department as a special account
in the National Treasury is hereby established to finance containment, removal, and clean-up operations of the Government in air pollution
cases, guarantee restoration of ecosystems and rehabilitate areas affected by the acts of violators of this Act, to support research,
enforcement and monitoring activities and capabilities of the relevant agencies, as well as to provide technical assistance to the relevant
agencies. Such fund may likewise be allocated per airshed for the undertakings herein stated.
The Fund shall be sourced from the fines imposed and damages awarded to the Republic of the Philippines by the Pollution Adjudication Board
(PAB), proceeds of licenses and permits issued by the Department under this Act, emission fees and from donations, endowments and grants
in the forms of contributions. Contributions to the Fund shall be exempted from donor taxes and all other taxes, charges or fees imposed by
the Government.
Section 15. Air Pollution Research and Development Program. - The Department, in coordination with the Department of Science and
Technology (DOST), other agencies, the private sector, the academe, NGOs and POs, shall establish a National Research and Development

Program for the prevention and control of air pollution. The Department shall give special emphasis to research on and the development of
improved methods having industry-wide application for the prevention and control of air pollution.
Such a research and development program shall develop air quality guideline values and standards in addition to internationally-accepted
standards. It shall also consider the socio-cultural, political and economic implications of air quality management and pollution control.
Article Two
Air Pollution Clearances and Permits for Stationary Sources
Section 16. Permits. - Consistent with the provisions of this Act, the Department shall have the authority to issue permits as it may
determine necessary for the prevention and abatement of air pollution.
Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the ambient air quality standards.
These permits shall serve as management tools for the LGUs in the development of their action plan.
Section 17. Emission Quotas. - The Department may allow each regional industrial center that is designated as special airshed to allocate
emission quotas to pollution sources within its jurisdiction that qualify under an environmental impact assessment system programmatic
compliance program pursuant to the implementing rules and regulations of Presidential Decree No. 1586.
Section 18. Financial Liability for Environmental Rehabilitation. - As part of the environmental management plan attached to the
environmental compliance certificate pursuant to Presidential Decree No. 1586 and rules and regulations set therefor, the Department shall
require program and project proponents to put up financial guarantee mechanisms to finance the needs for emergency response, clean-up
rehabilitation of areas that may be damaged during the program or projects actual implementation. Liability for damages shall continue even
after the termination of a program or project, where such damages are clearly attributable to that program or project and for a definite period
to be determined by the Department and incorporated into the environmental compliance certificate.
Financial liability instruments may be in the form a trust fund, environmental insurance, surety bonds, letters of credit, as well as selfinsurance. The choice of the guarantee instruments shall furnish the Department with evidence of availment of such instruments.
Article Three
Pollution from Stationary Sources
Section 19. Pollution From Stationary Sources. - The Department shall, within two (2) years from the effectivity of this Act, and every two
(2) years thereafter, review, or as the need therefore arises, revise and publish emission standards, to further improve the emission standards
for stationary sources of air pollution. Such emission standards shall be based on mass rate of emission for all stationary source of air pollution
based on internationally accepted standards, but not be limited to, nor be less stringent than such standards and with the standards set forth
in this section. The standards, whichever is applicable, shall be the limit on the acceptable level of pollutants emitted from a stationary source
for the protection of the publics health and welfare.
With respect to any trade, industry, process and fuel-burning equipment or industrial plant emitting air pollutants, the concentration at the
point of emission shall not exceed the following limits:
Pollutants
Standard Applicable to Source
Maximum Permissible Limits (mg/Ncm)
Method of Analysisa
1. Antimony and Its compounds

Any source
10 as Sb
AASb
2. Arsenic and its compounds
Any source
10 as As
AASb
3. Cadmium and its compounds
Any source
10 as Cd
AASb
4. Carbon Monoxide
Any industrial Source
500 as CO
Orsat analysis
5. Copper and its Compounds
Any industrial source
100 ax Cu
AASb
6. Hydrofluoric Acids and Fluoride compounds
Any source other than the manufacture of Aluminum from Alumina
50 as HF
Titration with Ammonium Thiocyanate
7. Hydrogen Sulfide
i) Geothermal Power Plants
ii) Geothermal Exploration and well-testing
iii) Any source other than (i) and (ii)
c.d
e
7 as H2S
Cadmium Sulfide Method
Cadmium Sulfide Method
8. Lead
Any trade, industry or process

10 as Pb
AASb
9. Mercury
Any Source
5 as elemental Hg
AASb/Cold-Vapor Technique or Hg Analyzer
10. Nickel and its compounds, except Nickel Carbonyl f
Any source
20 as Ni
AASb
11. NOx
i) Manufacture of Nitric Acid
2,000 as acid and NOx and calculated as NO2
Phenol-disulfonic acid Method

ii) Fuel burning steam generators


Existing Source New Source
Coal-Fired
Oil-Fired
iii) Any source other than (i) adn (ii)
Existing Source
New Source
1,500 as NO2
1,000 as NO2
500 as NO2
1000 as NO2
500 as NO2

Phenol-disulfonic acid Method

Phenol-disulfonic acid Method


12. Phosphorus Pentoxideg
Any source
200 as P2O5
Spectrophotometry
13. Zinc and its Compounds
Any source
100 as Zn
AASb
a
Other equivalent methods approved by the Department may be used.
b
Atomic Absorption Spectrophometry
c
All new geothermal power plants starting construction by 01 January 1995 shall control HsS emissions to not more than 150g/GMW-Hr
d
All existing geothermal power plants shall control HsS emissions to not more than 200g/GMW-Hr. within 5 years from the date of efectivity of
these revised regulations.
e
Best practicable control technology for air emissions and liquid discharges. Compliance with air and water quality standards is required.
f
Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.
g
Provisional Guideline
Provided, That the maximum limits in mg/ncm particulates in said sources shall be:
1.
Fuel Burning Equipment
a) Urban or Industrial Area
150 mg/Ncm
b) Other Area
200 mg/Ncm
2.
Cement Plants (Kilns, etc.)
150 mg/Ncm
3.
Smelting Furnaces

150 mg/Ncm
4.
Other Stationary Sourcesa
200 mg/Ncm
a
Other Stationary Sources means a trade, process, industrial plant, or fuel burning equipment other than thermal power plants, industrial
boilers, cement plants, incinerators and smelting furnaces.
Provided, Further, That the maximum limits for sulfur oxides in said sources shall be:
(1) Existing Sources
(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process
2.0gm.Ncm as SO3
(ii) Fuel burning Equipment
1.5gm.Ncm as SO2
(iii) Other Stationary Sourcesa
1.0gm.Ncm as SO3
(2) New Sources
(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process
1.5 gm.Ncm as SO3
(ii) Fuel Burning Equipment
0.7 gm.Ncm as SO2
(iii) Other Stationary Sourcesa
0.2 gm.Ncm as SO3
a
Other Stationary Sources refer to existing and new stationary sources other than those caused by the manufacture of sulfuric acid and
sulfonation process, fuel burning equipment and incineration.
For stationary sources of pollution not specifically included in the immediately preceding paragraph, the following emission standards shall not
be exceeded in the exhaust gas:
I. Daily And Half Hourly Average Values

Daily Average Values


Half Hourly Average Values
Total dust
10 mg/m3
30 mg/m3
Gaseous and vaporous organic substances,
expressed as total organic carbon
Hydrogen chloride (HCl)
Hydrogen fluoride (HF)
Sulfur dioxide (SO2)
10 mg/m3
10 mg/m3
1 mg/m3
50 mg/m3
20 mg/m3
60 mg/m3
4 mg/m3
200 mg/m3
Nitrogen monoxide (NO) and Nitrogen
dioxide (NO2), expressed as nitrogen
dioxide for incineration plants with a
capacity exceeding 3 tonnes per hour

200 mg/m3

400 mg/m3
Nitrogen monoxide (NO) and nitrogen
dioxide (NO2), expressed as nitrogen
dioxide for incineration plants with a
capacity of 3 tonnes per hour or less

300 mg/m3

Ammonia
10 mg/m3
20 mg/m3
II. All the Average Values Over the Sample Period of a Minimum of 4 and Maximum of 8 Hours.
Cadmium and its compounds, expressed as cadmium (Cd)
total 0.05
mg/m3
Thallium and its compounds, expressed as thallium (Tl)
Mercury and its Compounds, expressed as mercury (Hg)
0.05 mg/m3
Antimony and its compounds, expressed as antimony (Sb)
Arsenic and its compounds, expressed as arsenic (As)
total 0.5
mg/m3
Lead and its compounds, expressed as lead ( Pb)

Chromium and its compounds, expressed as chromium (Cr)


Cobalt and its compounds, expressed as cobalt (Co)
Copper and its compounds, expressed as copper (Cu)
Manganese and its compounds, expressed as manganese (Mn)
Nickel and its compounds, expressed as nickel (Ni)
Vanadium and its compounds, expressed as vanadium (V)
Tin and its compounds, expressed as tin (Sn)

These average values cover also gaseous and the vapor forms of the relevant heavy metal emission as well as their
compounds: Provided, That the emission of dioxins and furans into the air shall be reduced by the most progressive techniques: Provided,
Further, That all average of dioxin and furans measured over the sample period of a minimum of 5 hours and maximum of 8 hours must not
exceed the limit value of 0.1 nanogram/m3.
Pursuant to Sec. 8 of this Act, the Department shall prepare a detailed action plan setting the emission standards or standards of performance
for any stationary source the procedure for testing emissions for each type of pollutant, and the procedure for enforcement of said standards.
Existing industries, which are proven to exceed emission rates established by the Department in consultation with stakeholders, after a
thorough, credible and transparent measurement process shall be allowed a grace period of eighteen (18) months for the establishment of an
environmental management system and the installation of an appropriate air pollution control device : Provided, That an extension of not
more than twelve (12) months may be allowed by the Department on meritorious grounds.
Section 20. Ban on Incineration. - Incineration, hereby defined as the burning of municipal, biomedical and hazardous waste, which
process emits poisonous and toxic fumes is hereby prohibited; Provided, however, That the prohibition shall not apply to traditional small-scale
method of community/neighborhood sanitation "siga", traditional, agricultural, cultural, health, and food preparation and crematoria; Provided,
Further, That existing incinerators dealing with a biomedical wastes shall be out within three (3) years after the effectivity of this Act; Provided,
Finally, that in the interim, such units shall be limited to the burning of pathological and infectious wastes, and subject to close monitoring by
the Department.

Local government units are hereby mandated to promote, encourage and implement in their respective jurisdiction a comprehensive
ecological waste management that includes waste segregation, recycling and composting.
With due concern on the effects of climate change, the Department shall promote the use of state-of-the-art, environmentally-sound and safe
non-burn technologies for the handling, treatment, thermal destruction, utilization, and disposal of sorted, unrecycled, uncomposted,
biomedical and hazardous wastes.
Article Four
Pollution from Motor Vehicles
Section 21. Pollution from Motor Vehicles. - a) The DOTC shall implement the emission standards for motor vehicles set pursuant to and
as provided in this Act. To further improve the emission standards, the Department shall review, revise and publish the standards every two (2)
years, or as the need arises. It shall consider the maximum limits for all major pollutants to ensure substantial improvement in air quality for
the health, safety and welfare of the general public.
The following emission standards for type approval of motor vehicles shall be effective by the year 2003:
a) For light duty vehicles, the exhaust emission limits for gaseous pollutants shall be:
Emission Limits for Light Duty Vehicles
Type Approval
(Directive 91/441/EEC)
CO
(g/km)
HC + NOx
(g/km)
PMa
(g/km)
2.72
0.970.14
a

for compression-ignition engines only


b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a function of the given reference mass shall be:
Emission Limits for Light Commercial Vehicles
Type Approval
(Directive 93/59/EEC)

Reference Weight (RW) (kg)


CO (g/km)
HC + NOx(g/km)
PMa (g/km)
Category 1
1250< RW
2.72
0.97
0.14
Category 2
1250< RW<1700
5.17
1.4
0.19
Category 3
RW>1700
6.9
1.7

0.25
a
for compression-ignition engines only
c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall be:
Emission Limits for Heavy Duty Vehicles
Type Approval
(Directive 91/542/EEC)
CO
(g/k/Wh)
HC
(g/k/Wh)
NOx
(g/k/Wh)
PM
(g/k/Wh)
4.5
1.1
8.0
0.36a
a
In the case of engines of 85 kW or less, the limit value for particular emissions in increased by multiplying the quoted limit by a coefficient of
1.7
Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams hydrocarbons per test. Likewise, it shall not allow any
emission of gases from crankcase ventilation system into the atmosphere.
b) The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an action plan for the control and management of air pollution
from motor vehicles consistent with the Integrated Air Quality Framework. The DOTC shall enforce compliance with the emission standards for
motor vehicles set by the Department. The DOTC may deputize other law enforcement agencies and LGUs for this purpose. To this end, the
DOTC shall have the power to:
(1) Inspect and monitor the emissions of motor vehicles;
(2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at specified times; and
(3) Authorize private testing emission testing centers duly accredited by the DTI.
c) The DOTC, together with the DTI and the Department, shall establish the procedures for the inspection of motor vehicles and the testing of
their emissions for the purpose of determining the concentration and/or rate of pollutants discharged by said sources.
d) In order to ensure the substantial reduction of emissions from motor vehicles, the Department of Trade and Industry (DTI), together with the
DOTC and the Department shall formulate and implement a national motor vehicle inspection and maintenance program that will promote
efficient and safe operation of all motor vehicles. In this regard, the DTI shall develop and implement standards and procedures for the
certification of training institutions, instructors and facilities and the licensing of qualified private service centers and their technicians as
prerequisite for performing the testing, servicing, repair and the required adjustment to the vehicle emission system. The DTI shall likewise

prescribe regulations requiring the disclosure of odometer readings and the use of tamper-resistant odometers for all motor vehicles including
tamper-resistant fuel management systems for the effective implementation of the inspection and maintenance program.
Section 22. Regulation of All Motor Vehicles and Engines. - Any imported new or locally-assembled new motor vehicle shall not be
registered unless it complies with the emission standards set pursuant to this Act, as evidenced by a Certificate of Conformity (COC) issued by
the Department.
Any imported new motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set
pursuant to this Act.
Any imported used motor vehicle or rebuilt motor vehicle using new or used engines, major parts or components shall not be registered unless
it complies with the emission standards.
In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the vehicular engine so it will be in compliance with
applicable emission standards.
No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emission testing requirement promulgated in
accordance with this Act. Such testing shall be conducted by the DOTC or its authorized inspection centers within sixty (60) days prior to date
of registration.
The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and engines including devices in order to ensure that
such vehicles will conform to the emissions which they were certified to meet. These regulations shall include provisions for ensuring the
durability of emission devices.
Section 23. Second-Hand Motor Vehicle Engines. - Any imported second-hand motor vehicle engine shall not be introduced into
commerce, sold or used unless it complies with emission standards set pursuant to this Act.
Article Five
Pollution from Other Sources
Section 24. Pollution from smoking. - Smoking inside a public building or an enclosed public place including public vehicles and other
means of transport or in any enclosed area outside of one's private residence, private place of work or any duly designated smoking area is
hereby prohibited under this Act. This provision shall be implemented by the LGUs.
Section 25. Pollution from other mobile sources. - The Department, in coordination with appropriate agencies, shall formulate and
establish the necessary standards for all mobile sources other than those referred to in Sec. 21 of this Act. The imposition of the appropriate
fines and penalties from these sources for any violation of emission standards shall be under the jurisdiction of the DOTC.
Chapter 3
Fuels, Additives, Substances and Pollutants
Article One
Fuels, Additives and Substances
Section 26. Fuels and Additives. - Pursuant to the Air Quality Framework to be established under Section 7 of this Act, the Department of
Energy (DOE), co-chaired by the Department of Environment and Natural Resources (DENR), in consultation with the Bureau of Product
Standards (BPS) of the DTI, the DOST, the representatives of the fuel and automotive industries, academe and the consumers shall set the
specifications for all types of fuel and fuel-related products, to improve fuel composition for increased efficiency and reduced

emissions: Provided, however, that the specifications for all types of fuel and fuel-related products set-forth pursuant to this section shall be
adopted by the BPS as Philippine National Standards (PNS).
The DOE shall also specify the allowable content of additives in all types of fuels and fuel-related products. Such standards shall be based
primarily on threshold levels of health and research studies. On the basis of such specifications, the DOE shall likewise limit the content or
begin that phase-out of additives in all types of fuels and fuel-related products as it may deem necessary. Other agencies involved in the
performance of this function shall be required to coordinate with the DOE and transfer all documents and information necessary for the
implementation of this provision.
Consistent with the provisions of the preceding paragraphs under this section, it is declared that:
a) not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell, supply, offer for sale,
dispense, transport or introduce into commerce unleaded premium gasoline fuel which has an anti-knock index (AKI) of not less that 87.5 and
Reid vapor pressure of not more than 9 psi. Within six (6) months after the effectivity of this Act, unleaded gasoline fuel shall contain
aromatics not to exceed forty-five percent (45%) by volume and benzene not to exceed four percent (4%) by volume; Provided, that by year
2003, unleaded gasoline fuel should contain aromatics not to exceed thirty-five percent (35%) by volume and benzene not to exceed two
percent (2%) by volume;
b) not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell, supply, offer for sale,
dispense, transport or introduce into commerce automotive diesel fuel which contains a concentration of sulfur in excess of 0.20% by weight
with a cetane number of index of not less than forty-eight (48): Provided, That by year 2004, content of said sulfur shall be 0.05% by weight;
and
c) not later than eighteen (18) months after the effectivity of this Act, no Person shall manufacture, import, sell, supply, offer for sale,
dispense, transport or introduce into commerce industrial diesel fuel which contains a concentration of sulfur in excess of 0.30% (by weight).
Every two (2) years thereafter or as the need arises, the specifications of unleaded gasoline and of automotive and industrial diesel fuels shall
be reviewed and revised for further improvement in formulation and in accordance with the provisions of this Act.
The fuels characterized above shall be commercially available. Likewise, the same shall be the reference fuels for emission and testing
procedures to be established in accordance with the provisions of this Act.
Any proposed additive shall not in any way increase emissions of any of the regulated gases which shall include, but not limited to carbon
monoxide, hydrocarbons, and oxides of nitrogen and particulate matter, in order to be approved and certified by the Department.
Section 27. Regulation of Fuels and Fuel Additives. - The DOE, in coordination with the Department and the BPS, shall regulate the use
of any fuel or fuel additive. No manufacturer, processor or trader of any fuel or additive may import, sell, offer for sale, or introduce into
commerce such fuel for additive unless the same has been registered with the DOE. Prior to registration, the manufacturer, processor or trader
shall provide the DOE with the following relevant information:
a) Product identity and composition to determine the potential health effects of such fuel additives;
b) Description of the analytical technique that can be used to detect and measure the additive in any fuel;
c) Recommended range of concentration; and
d) Purpose in the use of the fuel and additive.
Section 28. Misfueling. - In order to prevent the disabling of any emission control device by lead contamination, no person shall introduce or
cause or allow the introduction of leaded gasoline into any motor vehicle equipped with a gasoline tank filler inlet and labeled "unleaded

gasoline only". This prohibition shall also apply to any person who knows or should know that such vehicle is designed solely for the use of
unleaded gasoline.
Section 29. Prohibition on Manufacture, Import and Sale of leaded Gasoline and of Engines and/or Components Requiring
Leaded Gasoline. - Effective not later than eighteen (18) months after the enactment of this Act, no person shall manufacture, import, sell,
offer for sale, introduce into commerce, convey or otherwise dispose of, in any manner, leaded gasoline and engines and components
requiring the use of leaded gasoline.
For existing vehicles, the DTI shall formulate standards and procedures that will allow non-conforming engines to comply with the use of
unleaded fuel within five(5) years after the effectivity of this Act.
Article Two
Other Pollutants
Section 30. Ozone-Depleting Substances. - Consistent with the terms and conditions of the Montreal Protocol on Substances that Deplete
the Ozone Layer and other international agreements and protocols to which the Philippines is a signatory, the Department shall phase out
ozone-depleting substances.
Within sixty (60) days after the enactment of this Act, the Department shall publish a list of substances which are known to cause harmful
effects on the stratospheric ozone layer.
Section 31. Greenhouse Gases. - The Philippine Atmospheric, Geophysical and Astronomical Service
Administration (PAGASA) shall regularly monitor meteorological factors affecting environmental conditions including ozone depletion and
greenhouse gases and coordinate with the Department in order to effectively guide air pollution monitoring and standard-setting activities.
The Department, together with concerned agencies and local government units, shall prepare and fully implement a national plan consistent
with the United Nations Framework Convention on Climate Change and other international agreements, conventions and protocols on the
reduction of greenhouse gas emissions in the country.
Section 32. Persistent Organic Pollutants. - The Department shall, within a period of two (2) years after the enactment of this Act,
establish an inventory list of all sources of Persistent Organic Pollutants (POPs) in the country. The Department shall develop short-term and
long-term national government programs on the reduction and elimination of POPs such as dioxins and furans. Such programs shall be
formulated within a year after the establishment of the inventory list.
Section 33. Radioactive Emissions. - All projects which will involve the use of atomic and/or nuclear energy, and will entail release and
emission of radioactive substances into the environment, incident to the establishment or possession of nuclear energy facilities and
radioactive materials, handling, transport, production, storage, and use of radioactive materials, shall be regulated in the interest of public
health and welfare by the Philippine
Nuclear Research Institute (PNRI), in coordination with Department and other appropriate government agencies.
Chapter 4
Institutional Mechanism
Section 34. Lead Agency. - The Department, unless otherwise provided herein, shall be the primary government agency responsible for the
implementation and enforcement of this Act. To be more effective in this regard, The Department's Environmental Management Bureau (EMB)
shall be converted from a staff bureau to a line bureau for a period of no more than two (2) years, unless a separate, comprehensive
environmental management agency is created.

Section 35. Linkage Mechanism. - The Department shall consult, participate, cooperate and enter into agreement with other government
agencies, or with affected non-governmental (NGOs) or people's organizations (POs),or private enterprises in the furtherance of the objectives
of this Act.
Section 36. Role of Local Government Units. - Local Government Units (LGUs) shall share the responsibility in the management and
maintenance of air quality within their territorial jurisdiction. Consistent with Sections 7, 8 and 9 of this Act, LGUs shall implement air quality
standards set by the Board in areas within their jurisdiction;Provided, however, That in case where the board has not been duly constituted
and has not promulgated its standards, the standards set forth in this Act shall apply.
The Department shall provide the LGUs with technical assistance, trainings and a continuing capability-building program to prepare them to
undertake full administration of the air quality management and regulation within their territorial jurisdiction.
Section 37. Environmental and Natural Resources Office. - There may be established an Environment and Natural Resources Office in
every province, city, or municipality which shall be headed by the environment and natural resources officer and shall be appointed by the
Chief Executive of every province, city or municipality in accordance with the provisions of Section 484 of Republic Act No. 7160. Its powers
and duties, among others, are:
a) To prepare comprehensive air quality management programs, plans and strategies within the limits set forth in Republic act. No. 7160 and
this Act which shall be implemented within its territorial jurisdiction upon the approval of the sanggunian;
b) To provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery
of basic services and the provision of adequate facilities relative to air quality;
c) To take the lead in all efforts concerning air quality protection and rehabilitation;
d) To recommend to the Board air quality standards which shall not exceed the maximum permissible standards set by rational laws;
e) To coordinate with other government agencies and non-governmental organizations in the implementation of measures to prevent and
control air pollution; and
f) Exercise such other powers and perform such duties and functions as may be prescribed by law or ordinance: Provided, however, That in
provinces/cities/municipalities where there are no environment and natural resources officers, the local executive concerned may designate
any of his official and/or chief of office preferably the provincial, city or municipal agriculturist, or any of his employee: Provided, Finally, That
in case an employee is designated as such, he must have sufficient experience in environmental and natural resources management,
conservation and utilization.
Section 38. Record-keeping, Inspection, Monitoring and Entry by the Department. - The Department or its duly accredited entity
shall, after proper consultation and notice, require any person who owns or operates any emissions source or who is subject to any
requirement of this Act to:
(a) establish and maintain relevant records;
(b) make relevant reports;
(c) install, use and maintain monitoring equipment or methods;
(d) sample emission, in accordance with the methods, locations, intervals and manner prescribed by the Department;
(e) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is
impractical; and
(f) provide such other information as the Department may reasonably require.

Pursuant to this Act, the Department, through its authorized representatives, shall have the right of:
(a) entry or access to any premises including documents and relevant materials as referred to in the herein preceding paragraph;
(b) inspect any pollution or waste source, control device, monitoring equipment or method required; and
(c) test any emission.
Any record, report or information obtained under this section shall be made available to the public, except upon a satisfactory showing to the
Department by the entity concerned that the record, report or information, or parts thereof, if made public, would divulge secret methods or
processes entitled to protection as intellectual property. Such record, report or information shall likewise be incorporated in the Department's
industrial rating system.
Section 39. Public Education and Information Campaign. - A continuing air quality information and education campaign shall promoted
by the Department, the Department of Education, Culture and Sports (DECS), the Department of the Interior and Local Government (DILG), the
Department of Agriculture (DA) and the Philippine Information Agency (PIA). Consistent with Sec. 7 of this Act, such campaign shall encourage
the participation of other government agencies and the private sector including NGOs, POs, the academe, environmental groups and other
private entities in a multi-sectoral information campaign.
Chapter 5
Actions
Section 40. Administrative Action. - Without prejudice to the right of any affected person to file an administrative action, the Department
shall, on its own instance or upon verified complaint by any person, institute administrative proceedings against any person who violates:
(a) Standards or limitation provided under this Act; or
(b) Any order, rule or regulation issued by the Department with respect to such standard or limitation.
Section 41. Citizen Suits. - For purposes of enforcing the provisions of this Act or its implementing rules and regulations, any citizen may
file an appropriate civil, criminal or administrative action in the proper courts against:
(a) Any person who violates or fails to comply with the provisions of this Act or its implementing rules and regulations; or
(b) The Department or other implementing agencies with respect to orders, rules and regulations issued inconsistent with this Act; and/or
(c) Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty by this Act or its implementing
rules and regulations; or abuses his authority in the performance of his duty; or, in any manner, improperly performs his duties under this Act
or its implementing rules and regulations: Provided, however, That no suit can be filed until thirty-day (30) notice has been taken thereon.
The court shall exempt such action from the payment of filing fees, except fees for actions not capable of pecuniary estimations, and shall
likewise, upon prima facie showing of the non-enforcement or violation complained of, exempt the plaintiff from the filing of an injunction bond
for the issuance of a preliminary injunction.
Within thirty (30) days, the court shall make a determination if the compliant herein is malicious and/or baseless and shall accordingly dismiss
the action and award attorney's fees and damages.
Section 42. Independence of Action. - The filing of an administrative suit against such person/entity does not preclude the right of any
other person to file any criminal or civil action. Such civil action shall proceed independently.
Section 43. Suits and Strategic Legal Actions Against Public Participation and the Enforcement of This Act . - Where a suit is
brought against a person who filed an action as provided in Sec. 41 of this Act, or against any person, institution or government agency that
implements this Act, it shall be the duty of the investigating prosecutor or the court, as the case may be, to immediately make a

determination not exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert undue pressure or stifle such legal
recourses of the person complaining of or enforcing the provisions of this Act. Upon determination thereof, evidence warranting the same, the
court shall dismiss the case and award attorney's fees and double damages.
This provision shall also apply and benefit public officers who are sued for acts committed in their official capacity, their being no grave abuse
of authority, and done in the course of enforcing this Act.
Section 44. Lien Upon Personal and Immovable Properties of Violators. - Fines and penalties imposed pursuant to this Act shall be
liens upon personal or immovable properties of the violator. Such lien shall, in case of insolvency of the respondent violator, enjoy preference
to laborer's wages under Articles 2241 and 2242 of Republic Act No. 386, otherwise known as the New Civil Code of the Philippines.
Chapter 6
Fines and Penalties
Section 45. Violation of Standards for Stationary Sources. - For actual exceedance of any pollution or air quality standards under this
Act or its rules and regulations, the Department, through the Pollution Adjudication Board (PAB), shall impose a fine of not more than One
hundred thousand pesos (P100,000.00) for every day of violation against the owner or operator of a stationary source until such time that the
standards have been complied with.
For purposes of the application of the fines, the PAB shall prepare a fine rating system to adjust the maximum fine based on the violator's
ability to pay, degree of willfulness, degree of negligence, history of non-compliance and degree of recalcitrance: Provided, That in case of
negligence, the first time offender's ability to pay may likewise be considered by the Pollution Adjudication Board: Provided, Further, That in
the absence of any extenuating or aggravating circumstances, the amount of fine for negligence shall be equivalent to one-half of the fine for
willful violation.
The fines herein prescribed shall be increased by at least ten percent (10%), every three (3) years to compensate for inflation and to maintain
the deterrent function of such fines.
In addition to the fines, the PAB shall order closure, suspension of development, construction, or operations of the stationary sources until such
time that proper environmental safeguards are put in place: Provided, That an establishment liable for a third offense shall suffer permanent
closure immediately. This paragraph shall be without prejudice to the immediate issuance of an ex parte order for such closure, suspension of
development or construction, or cessation of operations during the pendency of the case upon prima facie evidence that their is imminent
threat to life, public health, safety or general welfare, or to plant or animal life, or whenever there is an exceedance of the emission standards
set by the Department and/or the Board and/or the appropriate LGU.
Section 46. Violation of Standards for Motor Vehicles. - No motor vehicle shall be registered with the DOTC unless it meets the emission
standards set by the Department as provided in Sec. 21 hereof.
Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited to smoke-belching, shall be subjected to
an emission test by a duly authorized emission testing center. For this purpose, the DOTC or its authorized testing center shall establish a
roadside inspection system. Should it be shown that there was no violation of emission standards, the vehicle shall be immediately released.
Otherwise, a testing result indicating an exceedance of the emission standards would warrant the continuing custody of the impounded
vehicle unless the appropriate penalties are fully paid, and the license plate is surrendered to the DOTC pending the fulfillment of the
undertaking by the owner/operator of the motor vehicle to make the necessary repairs so as to comply with the standards. A pass shall herein
be issued by the DOTC to authorize the use of the motor vehicle within a specified period that shall not exceed seven (7) days for the sole

purpose of making the necessary repairs on the said vehicle. The owner/operator of the vehicle shall be required to correct its defects and
show proof of compliance to the appropriate pollution control office before the vehicle can be allowed to be driven on any public or subdivision
roads.
In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control management conducted by the
DOTC and shall also suffer the following penalties:
a) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00);
b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not to exceed Four Thousand Pesos (P4,000.00); and
c) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than Four Thousand Pesos (P4,000.00)
and not more than Six thousand pesos (P6,000.00).
Any violation of the provisions of Sec. 21 paragraph (d) with regard to national inspection and maintenance program, including technicians and
facility compliance shall penalized with a fine of not less than Thirty Thousand Pesos (P30,000.00) or cancellation of license of both the
technician and the center, or both, as determined by the DTI.
All law enforcement officials and deputized agents accredited to conduct vehicle emissions testing and apprehensions shall undergo a
mandatory training on emission standards and regulations. For this purpose, the Department, together with the DOTC, DTI, DOST, Philippine
National Police (PNP) and other concerned agencies and private entities shall design a training program.
Section 47. Fines and Penalties for Violations of Other Provisions in the Act. - For violations of all other provisions provided in this Act
and of the rules and regulations thereof, a fine of not less than Ten thousand pesos (P10,000) but not more than One Hundred thousand Pesos
(P100,000) or six (6) months to six (6) years imprisonment or both shall be imposed. If the offender is a juridical person, the president,
manager, directors, trustees, the pollution control officer or the officials directly in charge of the operations shall suffer the penalty herein
provided.
Section 48. Gross Violations. - In case of gross violation of this Act or its implementing rules and regulations, the PAB shall recommend to
the proper government agencies to file the appropriate criminal charges against the violators. The PAB shall assist the public prosecutor in the
litigation of the case. Gross violation shall mean:
(a) three (3) or more specific offenses within a period of one (1) year;
(b) three (3) or more specific offenses with three (3) consecutive years;
(c) blatant disregard of the orders of the PAB, such s but not limited to the breaking of seal, padlocks and other similar devices, or operation
despite the existence of an order for closure, discontinuance or cessation of operation; and
(d) irreparable or grave damage to the environment as a consequence of any violation of the provisions of this Act.
Offenders shall be punished with imprisonment of not less than six (6) years but not more than ten (10) years at the discretion of the court. If
the offender is a juridical person, the president, manager, directors, trustees, the pollution control officer or the officials directly in charge of
the operations shall suffer the penalty herein provided.
Chapter 7
Final Provisions
Section 49. Potential Loss or Shifts of Employment. - The Secretary of Labor is hereby authorized to establish a compensation,
retraining and relocation program to assist workers laid off due to a company's compliance with the provisions of this Act.

Section 50. Appropriations. - An amount of Seven Hundred Fifty Million Pesos (P750,000,000.00) shall be appropriated for the initial
implementation of this Act, of which, the amount of Three Hundred Million Pesos (P300,000,000.00) shall be appropriated to the Department;
Two Hundred Million Pesos (P200,000,000.00) to the DTI; One Hundred Fifty Million Pesos (P150,000,000.00) to the DOTC; and One Hundred
Million Pesos (P100,000,000.00) to the DOE.
Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included in the General Appropriations Act.
Section 51. Implementing Rules and Regulations. - The Department, in coordination with the Committees on Environment and Ecology of
the Senate and House of Representatives, respectively and other agencies, shall promulgate the implementing rules and regulations for this
Act, within one (1) year after the enactment of this Act:Provided, That rules and regulations issued by other government agencies and
instrumentalities for the prevention and/or abatement of pollution not inconsistent with this Act shall supplement the rules and regulations
issued by the Department pursuant to the provisions of this Act.
Section 52. Report to Congress. - The Department shall report to Congress, not later than March 30 of every year following the approval of
this Act, the progress of the pollution control efforts and make the necessary recommendations in areas where there is need for legislative
action.
Section 53. Joint Congressional Oversight Committee. - There is hereby created a joint congressional oversight committee to monitor
the implementation of this Act. The committee shall be composed of five (5) senators and five (5) representatives to be appointed by the
Senate President and the Speaker of the House of Representatives, respectively, the oversight committee shall be co-chaired by a senator and
a representative designated by the Senate President and the Speaker of the House of Representatives, respectively.
The mandate given to the joint congressional oversight committee under this Act shall be without prejudice to the performance of the duties
and functions by the respective existing oversight committees of the Senate and the House of Representatives.
Section 54. Separability of Provisions. - If any provision of this Act or the application of such provision to any person or circumstances is
declared unconstitutional, the remainder of the Act or the application of such provision to other person or circumstances shall not be affected
by such declaration.
Section 55. Repealing Clause. - Presidential Decree No. 1181 is hereby repealed. Presidential Decrees Nos. 1152, 1586 and Presidential
Decree No. 984 are partly modified. All other laws, orders, issuance, rules and regulations inconsistent herewith are hereby repealed or
modified accordingly.
Section 56. Effectivity. - This Act shall take effect fifteen (15) days from the date of its publication in the Official Gazette or in at least two
(2) newspapers of general circulation.
Approved, June 23, 1999.
Republic Act No. 9257
February 26, 2004
AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR CITIZENS AMENDING FOR THE PURPOSE REPUBLIC ACT
NO. 7432, OTHERWISE KNOWN AS "AN ACT TO MAXIMIZE THE CONTRIBUTION OF SENIOR CITIZENS TO NATION BUILDING,
GRANT BENEFITS AND SPECIAL PRIVILEGES AND FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. This Act shall be known as the "Expanded Senior Citizens Act of 2003."
SECTION 2. Republic Act. No. 7432 is hereby amended to read as follows:

"SECTION 1. Declaration of Policies and Objectives. Pursuant to Article XV, Section 4 of the Constitution, it is the duty of the family to take
care of its elderly members while the State may design programs of social security for them. In addition to this, Section 10 in the Declaration
of Principles and State Policies provides: "The State shall provide social justice in all phases of national development." Further, Article XIII,
Section 11 provides: " The State shall adopt an integrated and comprehensive approach to health and other social services available to all the
people at affordable cost. There shall be priority for the needs of the underpriviledged, sick, elderly, disabled, women and children." Consonant
with these constitution principles the following are the declared policies of this Act:
(a) To motivate and encourage the senior citizens to contribute to nation building;
(b) To encourage their families and the communities they live with to reaffirm the valued Filipino tradition of caring for the senior citizens;
(c) To give full support to the improvement of the total well-being of the elderly and their full participation in society considering that senior
citizens are integral part of Philippine society;
(d) To recognize the rights of senior citizens to take their proper place in society. This must be the concern of the family, community, and
government;
(e) To provide a comprehensive health care and rehabilitation system for disabled senior citizens to foster their capacity to attain a more
meaningful and productive ageing; and
(f) To recognize the important role of the private sector in the improvement of the welfare of senior citizens and to actively seek their
partnership.
In accordance with these policies, this Act aims to:
(1) establish mechanism whereby the contribution of the senior citizens are maximized;
(2) adopt measures whereby our senior citizens are assisted and appreciated by the community as a whole;
(3) establish a program beneficial to the senior citizens, their families and the rest of the community that they serve; and
(4) establish community-based health and rehabilitation programs in every political unit of society."
"SEC. 2. Definition of Terms. For purposes of this Act, these terms are defined as follows:
(a) "Senior citizen" or "elderly" shall mean any resident citizen of the Philippines at least sixty (60) years old;
(b) "Benefactor" shall mean any person whether related to the senior citizens or not who takes care of him/her as a dependent;
(c) "Head of the family" shall mean any person so defined in the National Internal Revenue Code, as amended; and
(d) "Geriatrics" shall refer to the branch of medical science devoted to the study of the biological and physical changes and the diseases of old
age."
"SEC. 3. Contribution to the Community. Any qualified senior citizen as determined by the Office for Senior Citizens Affairs (OSCA) may
render his/her services to the community which shall consist of, but not limited to, any of the following:
(a) Tutorial and/or consultancy services;
(b) Actual teaching and demonstration of hobbies and income generating skills;
(c) Lectures on specialized fields like agriculture, health, environment protection and the like;
(d) The transfer of new skills acquired by virtue of their training mentioned in Section 4, paragraph (d); and
(e) Undertaking other appropriate services as determined by the Office for Senior Citizens Affairs (OSCA) such as school traffic guide, tourist
aide, pre-school assistant, etc.

In consideration of the services rendered by the qualified elderly, the Office for Senior Citizens Affairs (OSCA) may award or grant benefits or
privileges to the elderly, in addition to the other privileges provided for under this Act."
"SEC. 4. Privileges for the Senior Citizens. The senior citizens shall be entitled to the following:
(a) the grant of twenty percent (20%) discount from all establishments relative to the utilization of services in hotels and similar lodging
establishment, restaurants and recreation centers, and purchase of medicines in all establishments for the exclusive use or enjoyment of
senior citizens, including funeral and burial services for the death of senior citizens;
(b) a minimum of twenty percent (20%) discount on admission fees charged by theaters, cinema houses and concert halls, circuses, carnivals,
and other similar places of culture, leisure and amusement for the exclusive use or enjoyment of senior citizens;
(c. exemption from the payment of individual income taxes: Provided, That their annual taxable income does not exceed the poverty level as
determined by the National Economic and Development Authority (NEDA) for that year;
(d) exemption from training fees for socioeconomic programs;
(e) free medical and dental service, diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and
blood tests, in all government facilities, subject to the guidelines to be issued by the Department of Health in coordination with the Philippine
Health Insurance Corporation (PHILHEALTH);
(f) the grant of twenty percent (20%) discount on medical and dental services, and diagnostic and laboratory fees provided under Section 4 (e)
hereof, including professional fees of attending doctors in all private hospitals and medical facilities, in accordance with the rules and
regulations to be issued by the Department of Health, in coordination with the Philippine Health Insurance Corporation;
(g) the grant of twenty percent (20%) discount in fare for domestic air and sea travel for the exclusive use or enjoyment of senior citizens;
(h) the grant of twenty percent (20%) discount in public railways, skyways and bus fare for the exclusive use and enjoyment of senior citizens;
(i) educational assistance to senior citizens to pursue post secondary, tertiary, post tertiary, as well as vocational or technical education in
both public and private schools through provision of scholarship, grants, financial aid subsidies and other incentives to qualified senior
citizens, including support for books, learning materials, and uniform allowance, to the extent feasible: Provided, That senior citizens shall
meet minimum admission requirement;
(j) to the extent practicable and feasible, the continuance of the same benefits and privileges given by the Government Service Insurance
System (GSIS), Social Security System (SSS) and PAG-IBIG, as the case may be, as are enjoyed by those in actual service.
(k) retirement benefits of retirees from both the government and private sector shall be regularly reviewed to ensure their continuing
responsiveness and sustainability, and to the extent practicable and feasible, shall be upgraded to be at par with the current scale enjoyed by
those in actual service.
(l) to the extent possible, the government may grant special discounts in special programs for senior citizens on purchase of basic
commodities, subject to the guidelines to be issued for the purpose by the Department of Trade and Industry (DTI) and the Department of
Agriculture (DA); and
(m) provision of express lanes for senior citizens in all commercial and government establishments; in the absence thereof, priority shall be
given to them.
In the availment of the privileges mentioned above, the senior citizen or elderly person may submit as proof of his/her entitlement thereto any
of the following:
(a) an ID issued by the city or municipal mayor or of the barangay captain of the place where the senior citizen or the elderly resides;

(b) the passport of the elderly person or senior citizen concerned; and
(c) other documents that establish that the senior citizen or elderly person is a citizen of the Republic and is at least sixty (60) years of age.
The establishment may claim the discounts granted under (a), (f), (g) and (h) as tax deduction based on the net cost of the goods sold or
services rendered: Provided That the cost of the discount shall be allowed as deduction from gross income for the same taxable year that the
discount is granted. Provided, further, That the total amount of the claimed tax deduction net of value added tax if applicable, shall be
included in their gross sales receipts for tax purposes and shall be subject to proper documentation and to the provisions of the National
Internal Revenue Code, as amended."
"SEC. 5. Government Assistance. The Government shall provided the following:
(a) Employment
Senior citizens who have the capacity and desire to work, or be re-employed, shall be provided information and matching services to enable
them to be productive members of society. Terms of employments shall conform with the provisions of the labor code, as amended, and other
laws, rules and regulations.
Private entities that will employ senior citizens as employees upon effectivity of this Act, shall be entitled to an additional deduction from their
gross income, equivalent to fifteen percent (15%) of the total amount paid as salaries and wages to senior citizens subject to the provision of
Section 34 of the National Internal Revenue Code, as
amended: Provided, however, That such employment shall continue for a period of at least six (6) months: Provider, further, that the annual
income of a senior citizen does not exceed he poverty level as determined by the National Economic and Development Authority (NEDA) for
that year.
The Department of Labor and Employment (DOLE), in coordination with other government agencies such as, but not limited to, the Technology
and Livelihood Resource Center (TLRC) and the Department and Trade and Industry (DTI), shall assess, design and implement training
programs that will provide skills and welfare or livelihood support for senior citizens.
(b) Education
The Department of Education (DepEd), Technical Education and Skill Development Authority (TESDA) and the Commission and Higher
Education (CHED), in consultation of non-government organizations (NGOs) and people's organizations (Pos) for senior citizen, shall institute a
program that will ensure access to formal and non-formal education.
(c ) Health
The Department of Health (DOH), in coordination with local government units (LGUs), non-government organizations (NGOs) and people's
organizations (Pos) for senior citizens, shall institute a national health program and shall provide an integrated health service for senior
citizens. It shall train community-based health workers among senior citizens and health personnel to specialize in the geriatric care health
problems of senior citizens.
(d) Social Services
The Department of Social Welfare and Development (DSWD), in cooperation with the Office for Senior Citizen affairs (OSCA) and the local
government units, non-government organizations and peoples organizations for senior citizens, shall develop and implement programs on
social services for senior citizens, the components of which are:
(1) "self and social enhancement services" which provide senior citizens opportunities for socializing, organizing, creative expression, and
improvement of self;

(2)" after care and follow-up services" which provide senior citizen who are discharged from the home/institutions for the aged, especially
those who have problems of reintegration with family and community, wherein both the senior citizens and their families are provided with
counseling;
(3)"neighborhood support services: wherein the community/family members provide care giving services to their frail, sick, or bedridden
senior citizens; and
(4) "substitute family care" in the form of residential care/group homes for
the abandoned, neglected, unattached or homeless senior citizens and those incapable of self-care.
The grant of at least fifty percent (50%) discount for the consumption of electricity, water and telephone by the senior citizens center and
residential care/group homes that are non-stock, non-profit domestic corporation organized and operated exclusively for the purpose of
promoting of well-being of abandoned, neglected, unattached, or homeless senior citizens.
(e) Housing
The national government shall include in its national shelter program the special housing needs of senior citizens, such as establishment of
housing units for the elderly;
(f) Access to Public Transport
The Department of Transportation and Communication (DOTC) shall develop a program to assist senior citizens to fully gain access in the use
of public transport facilities.
Further, the government shall provide the following assistance to those caring for and living with the senior citizens:
(a)The senior citizen shall be treated as dependents provided for in the National Inter Revenue Code, as amended, and as such, individual
taxpayers caring for them, be they relatives or not shall be accorded the privileges granted by the Code insofar as having dependents are
concerned.
(b)Individuals or non-government institutions establishing homes, residential communities or retirement villages solely for the senior citizens
shall be accorded the following:
(1) realty tax holiday for the first five (5) years starting from the first year of operation;
(2) priority in the building and/or maintenance of the provincial or municipal roads leading to the aforesaid home, residential community or
retirement village."
"SEC. 6. The Office for Senior Citizens Affairs (OSCA). There shall be established in all cities and municipalities an OSCA to be headed by a
senior citizen who shall be appointed by the mayor for
a term of three (3) years without reappointment from a list of three (3) nominees of the sangguniang panlungsod or the sangguniang bayan.
The head of the OSCA shall be assisted by the City Social Welfare and Development Officer or the municipal social welfare and development
officer, in coordination with the Social Welfare and Development Office.
The Office of the Mayor shall exercise supervision over the OSCA relative to their plans, activities and programs for senior citizens. The OSCA
shall work together and establish linkages with accredited NGOs, Pos, and the barangays in their respective areas.
The office for senior citizens affairs shall have the following functions:
(a) To plan, implement and monitor yearly work programs in pursuance of the objectives of this Act;
(b) To draw up a list of available and required services which can provided by the senior citizens;

(c) To maintain and regularly update on a quarterly basis the list of senior citizens and to issue nationally uniform individual identification
cards, free of charge, which be valid anywhere in the country;
(d) To service as a general information and liaison center to serve the needs of the senior citizens;
(e) To monitor compliance of the provisions of this Act particularly the grant of special discounts and privileges to senior citizens;
(f) To report to the mayor, establishment found violating any provision of this Act; and
(g) To assist the senior citizens in filing complaints or charges against any establishment, institution, or agency refusing to comply with the
privileges under this Act before the Department of Justice or the provincial, city or municipal trial court."
"SEC. 7. Municipal/ City Responsibility. It shall be the responsibility of the municipal/city through the mayor to require all establishment
covered by this Act to prominently display posters, stickers, and other notices that will generate public awareness of the right and privileges of
senior citizens and to ensure that the provisions of this Act are implemented to its fullest."
"SEC. 8. Partnership of the National and Local Government Units. The national government and local government units shall explore
livelihood opportunities and other undertaking to enhance the well-being of senior citizens. The shall encourage the establishment of
grassroots organizations for the elderly in their respective territorial jurisdictions."
"SEC. 9 Support for Non-Governmental Organizations (NGOs). Non-governmental organizations or private volunteer organizations dedicated
to the promotions, enhancement and support of the welfare of senior citizens are hereby encouraged to become partners of government in the
implementation of program and projects for the elderly.
According, the government shall recognize the vital role of NGOs in complementing the government in the delivery of services to senior
citizens. It shall likewise encourage NGOs for the senior citizens to develop innovative service models and pilots projects and to assist in the
duplication of successful examples of these models elsewhere in the country.
"SEC. 10. Penalties. Any person who violates any provision of this Act shall suffer the following penalties:
(1) For the first violation, a fine of not less than Fifty thousand pesos (P50,000.00) but not exceeding One hundred thousand pesos
(P100,000.00) and imprisonment of not less than six (6) months but not more than two (2) years; and
(2) For any subsequent violation, a fine of not less than One hundred thousand pesos (P100,000.00) but exceeding Two hundred thousand
pesos (P200,000.00) and imprisonment for not less than two (2) years but not less than six (6) years.
Any person who abuses the privileges granted herein shall be punished with a fine of not less than Five thousand pesos (P5,000.00) but not
more than Fifty thousand pesos (P50,000.00), and imprisonment of not less than six (6) months.
If the offender is a corporation, organization or any similar entity, the official thereof directly involved shall be liable therefore.
If the offender is an alien or a foreigner, he shall be deported immediately after service of sentence without further deportation proceedings.
Upon filling an appropriate complaint, and after due notice and hearing, the proper authorities may also cause the cancellation or revocation
of the business permit, permit to operate, franchise and other similar privileges granted to any business entity that fails to abide by the
provisions of this Act."
"SEC. 11. Monitoring and Coordinating Mechanism. A monitoring and coordinating mechanism shall be established to be chaired by the
DSWD, with the assistance of the Department of Justice (DOJ), Department of Health (DOH), Department of the Interior and Local Government
(DILG), and five (5) accredited NGOs representing but not limited to, women, urban poor, rural poor, and the veterans."

"SEC. 12. Implementing Rules and Regulations. The Secretary of Social Welfare and Development, within sixty (60) days from the approval of
this Act, shall promulgate the implementing, rules and regulations for the effective implementation of the provisions of this Act. In consultation
and coordination with the following agencies and offices:
(a) Department of Health;
(b) Department of Labor and Employment;
(c) Department of Education;
(d) Depart of Transportation and Communications;
(e) Department of Justice;
(f) Department of Interior and Local Government;
(g) Department of Trade and Industry;
(h) Department of Finance;
(i) Commission of Higher Education;
(j) Technical Education and Skills Development Authority;
(k) National Economic and Development Authority;
(l) Housing and Urban Development Coordinating Council; and
(m) Five (5) non-governmental organizations of people's organizations for the senior citizens duly accredited by the DSWD."
SEC. 13. Appropriation. The necessary appropriation for the operation and maintenance of the OSCA shall be appropriated and approved by
the local government units concerned. The amount necessary to carry out the provisions of this Act upon its effectivity shall be charged out of
the funds of the Office of the President. Thereafter, any such sum as shall be needed for the regular implementation of this Act shall be
included in subsequent General Appropriations Act following its enactment into law."
SECTION 3. All laws, presidential decrees, executive orders and rules and regulations or part thereof, contrary to, or inconsistent with the
provisions of this Act, are hereby repealed or modified accordingly.
SECTION 4. Should any provision of this Act be found unconstitutional by a court of law, such provision shall be severed from the remainder
of this Act, and such action shall not affect the enforceability of the remaining provisions of this Act.
SECTION 5. This Act shall take effect fifteen (15) days after its complete publication in any two (2) national newspapers of general circulation.
Approved: February 26, 2004